[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2012 Edition]
[From the U.S. Government Printing Office]



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                        Title 14

                   Aeronautics and Space


________________________

                        Parts 110 to 199

                         Revised as of January 1, 2012

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2012
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



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

  Title 14:
          Chapter I--Federal Aviation Administration, 
          Department of Transportation (Continued)                   3
  Finding Aids:
      Table of CFR Titles and Chapters........................     867
      Alphabetical List of Agencies Appearing in the CFR......     887
      List of CFR Sections Affected...........................     897

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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 14 CFR 110.1 refers 
                       to title 14, part 110, 
                       section 1.

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

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

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    To determine whether a Code volume has been amended since its 
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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.

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Many agencies have begun publishing numerous OMB control numbers as 
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OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
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``[RESERVED]'' TERMINOLOGY

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    What is a proper incorporation by reference? The Director of the 
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    (a) The incorporation will substantially reduce the volume of 
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    (b) The matter incorporated is in fact available to the extent 
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    (c) The incorporating document is drafted and submitted for 
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    Director,
    Office of the Federal Register.
    January 1, 2012.







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                               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, 
60-109, 110-199, 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--Air Transportation System 
Stabilization. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of January 1, 2012.

    For this volume, Bonnie Fritts was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Michael L. 
White, assisted by Ann Worley.

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                     TITLE 14--AERONAUTICS AND SPACE




                  (This book contains parts 110 to 199)

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

chapter I--Federal Aviation Administration, Department of 
  Transportation (Continued)................................         110

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




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

   SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: 
                      CERTIFICATION AND OPERATIONS
Part                                                                Page
110             General requirements........................           5
111-118         [Reserved]

119             Certification: Air carriers and commercial 
                    operators...............................           8
120             Drug and alcohol testing program............          26
121             Operating requirements: Domestic, flag, and 
                    supplemental operations.................          52
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         289
129             Operations: Foreign air carriers and foreign 
                    operators of U.S.-registered aircraft 
                    engaged in common carriage..............         356
133             Rotorcraft external-load operations.........         373
135             Operating requirements: Commuter and on 
                    demand operations and rules governing 
                    persons on board such aircraft..........         381
136             Commercial air tours and National Parks air 
                    tour management.........................         503
137             Agricultural aircraft operations............         510
139             Certification of airports...................         517
          SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES
140             [Reserved]

141             Pilot schools...............................         538
142             Training centers............................         586
143             [Reserved]

145             Repair stations.............................         598

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147             Aviation maintenance technician schools.....         611
                         SUBCHAPTER I--AIRPORTS
150             Airport noise compatibility planning........         621
151             Federal aid to airports.....................         635
152             Airport aid program.........................         672
153             Airport operations..........................         707
155             Release of airport property from surplus 
                    property disposal restrictions..........         708
156             State block grant pilot program.............         711
157             Notice of construction, alteration, 
                    activation, and deactivation of airports         713
158             Passenger facility charges (PFC's)..........         715
161             Notice and approval of airport noise and 
                    access restrictions.....................         740
169             Expenditure of Federal funds for nonmilitary 
                    airports or air navigation facilities 
                    thereon.................................         760
                  SUBCHAPTER J--NAVIGATIONAL FACILITIES
170             Establishment and discontinuance criteria 
                    for air traffic control services and 
                    navigational facilities.................         762
171             Non-Federal navigation facilities...........         765
                SUBCHAPTER K--ADMINISTRATIVE REGULATIONS
183             Representatives of the Administrator........         844
185             Testimony by employees and production of 
                    records in legal proceedings, and 
                    service of legal process and pleadings..         852
187             Fees........................................         853
189             Use of Federal Aviation Administration 
                    communications system...................         857
193             Protection of voluntarily submitted 
                    information.............................         858
                       SUBCHAPTERS L-M [RESERVED]
                    SUBCHAPTER N--WAR RISK INSURANCE
198             Aviation insurance..........................         862
199             [Reserved]

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   SUBCHAPTER G_AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: 
                      CERTIFICATION AND OPERATIONS





PART 110_GENERAL REQUIREMENTS--Table of Contents



Sec.
110.1 Applicability.
110.2 Definitions.

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

    Source: Doc. No. FAA-2009-0140, 76 FR 7486, Feb. 10, 2011, unless 
otherwise noted.



Sec. 110.1  Applicability.

    This part governs all operations conducted under subchapter G of 
this chapter.



Sec. 110.2  Definitions

    For the purpose of this subchapter, the term--
    All-cargo operation means any operation for compensation or hire 
that is other than a passenger-carrying operation or, if passengers are 
carried, they are only those specified in Sec. 121.583(a) or Sec. 
135.85 of this chapter.
    Certificate-holding district office means the Flight Standards 
District Office that has responsibility for administering the 
certificate and is charged with the overall inspection of the 
certificate holder's operations.
    Commercial air tour means a flight conducted for compensation or 
hire in an airplane or helicopter where a purpose of the flight is 
sightseeing. The FAA may consider the following factors in determining 
whether a flight is a commercial air tour:
    (1) Whether there was a holding out to the public of willingness to 
conduct a sightseeing flight for compensation or hire;
    (2) Whether the person offering the flight provided a narrative that 
referred to areas or points of interest on the surface below the route 
of the flight;
    (3) The area of operation;
    (4) How often the person offering the flight conducts such flights;
    (5) The route of flight;
    (6) The inclusion of sightseeing flights as part of any travel 
arrangement package;
    (7) Whether the flight in question would have been canceled based on 
poor visibility of the surface below the route of the flight; and
    (8) Any other factors that the FAA considers appropriate.
    Commuter operation means any scheduled operation conducted by any 
person operating one of the following types of aircraft with a frequency 
of operations of at least five round trips per week on at least one 
route between two or more points according to the published flight 
schedules:
    (1) Airplanes, other than turbojet-powered airplanes, having a 
maximum passenger-seat configuration of 9 seats or less, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds or less; 
or
    (2) Rotorcraft.
    Direct air carrier means a person who provides or offers to provide 
air transportation and who has control over the operational functions 
performed in providing that transportation.
    DOD commercial air carrier evaluator means a qualified Air Mobility 
Command, Survey and Analysis Office cockpit evaluator performing the 
duties specified in Public Law 99-661 when the evaluator is flying on an 
air carrier that is contracted or pursuing a contract with the U.S. 
Department of Defense (DOD).
    Domestic operation means any scheduled operation conducted by any 
person operating any airplane described in paragraph (1) of this 
definition at locations described in paragraph (2) of this definition:
    (1) Airplanes:
    (i) Turbojet-powered airplanes;
    (ii) Airplanes having a passenger-seat configuration of more than 9 
passenger seats, excluding each crewmember seat; or
    (iii) Airplanes having a payload capacity of more than 7,500 pounds.
    (2) Locations:

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    (i) Between any points within the 48 contiguous States of the United 
States or the District of Columbia; or
    (ii) Operations solely within the 48 contiguous States of the United 
States or the District of Columbia; or
    (iii) Operations entirely within any State, territory, or possession 
of the United States; or
    (iv) When specifically authorized by the Administrator, operations 
between any point within the 48 contiguous States of the United States 
or the District of Columbia and any specifically authorized point 
located outside the 48 contiguous States of the United States or the 
District of Columbia.
    Empty weight means the weight of the airframe, engines, propellers, 
rotors, and fixed equipment. Empty weight excludes the weight of the 
crew and payload, but includes the weight of all fixed ballast, unusable 
fuel supply, undrainable oil, total quantity of engine coolant, and 
total quantity of hydraulic fluid.
    Flag operation means any scheduled operation conducted by any person 
operating any airplane described in paragraph (1) of this definition at 
the locations described in paragraph (2) of this definition:
    (1) Airplanes:
    (i) Turbojet-powered airplanes;
    (ii) Airplanes having a passenger-seat configuration of more than 9 
passenger seats, excluding each crewmember seat; or
    (iii) Airplanes having a payload capacity of more than 7,500 pounds.
    (2) Locations:
    (i) Between any point within the State of Alaska or the State of 
Hawaii or any territory or possession of the United States and any point 
outside the State of Alaska or the State of Hawaii or any territory or 
possession of the United States, respectively; or
    (ii) Between any point within the 48 contiguous States of the United 
States or the District of Columbia and any point outside the 48 
contiguous States of the United States and the District of Columbia.
    (iii) Between any point outside the U.S. and another point outside 
the U.S.
    Justifiable aircraft equipment means any equipment necessary for the 
operation of the aircraft. It does not include equipment or ballast 
specifically installed, permanently or otherwise, for the purpose of 
altering the empty weight of an aircraft to meet the maximum payload 
capacity.
    Kind of operation means one of the various operations a certificate 
holder is authorized to conduct, as specified in its operations 
specifications, i.e., domestic, flag, supplemental, commuter, or on-
demand operations.
    Maximum payload capacity means:
    (1) For an aircraft for which a maximum zero fuel weight is 
prescribed in FAA technical specifications, the maximum zero fuel 
weight, less empty weight, less all justifiable aircraft equipment, and 
less the operating load (consisting of minimum flightcrew, foods and 
beverages, and supplies and equipment related to foods and beverages, 
but not including disposable fuel or oil).
    (2) For all other aircraft, the maximum certificated takeoff weight 
of an aircraft, less the empty weight, less all justifiable aircraft 
equipment, and less the operating load (consisting of minimum fuel load, 
oil, and flightcrew). The allowance for the weight of the crew, oil, and 
fuel is as follows:
    (i) Crew--for each crewmember required by the Federal Aviation 
Regulations--
    (A) For male flightcrew members--180 pounds.
    (B) For female flightcrew members--140 pounds.
    (C) For male flight attendants--180 pounds.
    (D) For female flight attendants--130 pounds.
    (E) For flight attendants not identified by gender--140 pounds.
    (ii) Oil--350 pounds or the oil capacity as specified on the Type 
Certificate Data Sheet.
    (iii) Fuel--the minimum weight of fuel required by the applicable 
Federal Aviation Regulations for a flight between domestic points 174 
nautical miles apart under VFR weather conditions that does not involve 
extended overwater operations.
    Maximum zero fuel weight means the maximum permissible weight of an 
aircraft with no disposable fuel or oil. The zero fuel weight figure may 
be found in either the aircraft type certificate data

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sheet, the approved Aircraft Flight Manual, or both.
    Noncommon carriage means an aircraft operation for compensation or 
hire that does not involve a holding out to others.
    On-demand operation means any operation for compensation or hire 
that is one of the following:
    (1) Passenger-carrying operations conducted as a public charter 
under part 380 of this chapter or any operations in which the departure 
time, departure location, and arrival location are specifically 
negotiated with the customer or the customer's representative that are 
any of the following types of operations:
    (i) Common carriage operations conducted with airplanes, including 
turbojet-powered airplanes, having a passenger-seat configuration of 30 
seats or fewer, excluding each crewmember seat, and a payload capacity 
of 7,500 pounds or less, except that operations using a specific 
airplane that is also used in domestic or flag operations and that is so 
listed in the operations specifications as required by Sec. 
119.49(a)(4) of this chapter for those operations are considered 
supplemental operations;
    (ii) Noncommon or private carriage operations conducted with 
airplanes having a passenger-seat configuration of less than 20 seats, 
excluding each crewmember seat, and a payload capacity of less than 
6,000 pounds; or
    (iii) Any rotorcraft operation.
    (2) Scheduled passenger-carrying operations conducted with one of 
the following types of aircraft with a frequency of operations of less 
than five round trips per week on at least one route between two or more 
points according to the published flight schedules:
    (i) Airplanes, other than turbojet powered airplanes, having a 
maximum passenger-seat configuration of 9 seats or less, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds or less; 
or
    (ii) Rotorcraft.
    (3) All-cargo operations conducted with airplanes having a payload 
capacity of 7,500 pounds or less, or with rotorcraft.
    Passenger-carrying operation means any aircraft operation carrying 
any person, unless the only persons on the aircraft are those identified 
in Sec. Sec. 121.583(a) or 135.85 of this chapter, as applicable. An 
aircraft used in a passenger-carrying operation may also carry cargo or 
mail in addition to passengers.
    Principal base of operations means the primary operating location of 
a certificate holder as established by the certificate holder.
    Provisional airport means an airport approved by the Administrator 
for use by a certificate holder for the purpose of providing service to 
a community when the regular airport used by the certificate holder is 
not available.
    Regular airport means an airport used by a certificate holder in 
scheduled operations and listed in its operations specifications.
    Scheduled operation means any common carriage passenger-carrying 
operation for compensation or hire conducted by an air carrier or 
commercial operator for which the certificate holder or its 
representative offers in advance the departure location, departure time, 
and arrival location. It does not include any passenger-carrying 
operation that is conducted as a public charter operation under part 380 
of this chapter.
    Supplemental operation means any common carriage operation for 
compensation or hire conducted with any airplane described in paragraph 
(1) of this definition that is a type of operation described in 
paragraph (2) of this definition:
    (1) Airplanes:
    (i) Airplanes having a passenger-seat configuration of more than 30 
seats, excluding each crewmember seat;
    (ii) Airplanes having a payload capacity of more than 7,500 pounds; 
or
    (iii) Each propeller-powered airplane having a passenger-seat 
configuration of more than 9 seats and less than 31 seats, excluding 
each crewmember seat, that is also used in domestic or flag operations 
and that is so listed in the operations specifications as required by 
Sec. 119.49(a)(4) of this chapter for those operations; or
    (iv) Each turbojet powered airplane having a passenger seat 
configuration of 1 or more and less than 31 seats, excluding each 
crewmember seat, that is

[[Page 8]]

also used in domestic or flag operations and that is so listed in the 
operations specifications as required by Sec. 119.49(a)(4) of this 
chapter for those operations.
    (2) Types of operation:
    (i) Operations for which the departure time, departure location, and 
arrival location are specifically negotiated with the customer or the 
customer's representative;
    (ii) All-cargo operations; or
    (iii) Passenger-carrying public charter operations conducted under 
part 380 of this chapter.
    Wet lease means any leasing arrangement whereby a person agrees to 
provide an entire aircraft and at least one crewmember. A wet lease does 
not include a code-sharing arrangement.
    When common carriage is not involved or operations not involving 
common carriage means any of the following:
    (1) Noncommon carriage.
    (2) Operations in which persons or cargo are transported without 
compensation or hire.
    (3) Operations not involving the transportation of persons or cargo.
    (4) Private carriage.
    Years in service means the calendar time elapsed since an aircraft 
was issued its first U.S. or first foreign airworthiness certificate.

                        PARTS 111	118 [RESERVED]



PART 119_CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS--
Table of Contents



                            Subpart A_General

Sec.
119.1 Applicability.
119.3 [Reserved]
119.5 Certifications, authorizations, and prohibitions.
119.7 Operations specifications.
119.9 Use of business names.

Subpart B_Applicability of Operating Requirements to Different Kinds of 
        Operations Under Parts 121, 125, and 135 of This Chapter

119.21 Commercial operators engaged in intrastate common carriage and 
          direct air carriers.
119.23 Operators engaged in passenger-carrying operations, cargo 
          operations, or both with airplanes when common carriage is not 
          involved.
119.25 Rotorcraft operations: Direct air carriers and commercial 
          operators.

 Subpart C_Certification, Operations Specifications, and Certain Other 
Requirements for Operations Conducted Under Part 121 or Part 135 of This 
                                 Chapter

119.31 Applicability.
119.33 General requirements.
119.35 Certificate application requirements for all operators.
119.36 Additional certificate application requirements for commercial 
          operators.
119.37 Contents of an Air Carrier Certificate or Operating Certificate.
119.39 Issuing or denying a certificate.
119.41 Amending a certificate.
119.43 Certificate holder's duty to maintain operations specifications.
119.45 [Reserved]
119.47 Maintaining a principal base of operations, main operations base, 
          and main maintenance base; change of address.
119.49 Contents of operations specifications.
119.51 Amending operations specifications.
119.53 Wet leasing of aircraft and other arrangements for transportation 
          by air.
119.55 Obtaining deviation authority to perform operations under a U.S. 
          military contract.
119.57 Obtaining deviation authority to perform an emergency operation.
119.59 Conducting tests and inspections.
119.61 Duration and surrender of certificate and operations 
          specifications.
119.63 Recency of operation.
119.65 Management personnel required for operations conducted under part 
          121 of this chapter.
119.67 Management personnel: Qualifications for operations conducted 
          under part 121 of this chapter.
119.69 Management personnel required for operations conducted under part 
          135 of this chapter.
119.71 Management personnel: Qualifications for operations conducted 
          under part 135 of this chapter.
119.73 Employment of former FAA employees.

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

    Source: Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, unless otherwise 
noted.

[[Page 9]]



                            Subpart A_General



Sec. 119.1  Applicability.

    (a) This part applies to each person operating or intending to 
operate civil aircraft--
    (1) As an air carrier or commercial operator, or both, in air 
commerce; or
    (2) When common carriage is not involved, in operations of U.S.-
registered civil airplanes with a seat configuration of 20 or more 
passengers, or a maximum payload capacity of 6,000 pounds or more.
    (b) This part prescribes--
    (1) The types of air operator certificates issued by the Federal 
Aviation Administration, including air carrier certificates and 
operating certificates;
    (2) The certification requirements an operator must meet in order to 
obtain and hold a certificate authorizing operations under part 121, 
125, or 135 of this chapter and operations specifications for each kind 
of operation to be conducted and each class and size of aircraft to be 
operated under part 121 or 135 of this chapter;
    (3) The requirements an operator must meet to conduct operations 
under part 121, 125, or 135 of this chapter and in operating each class 
and size of aircraft authorized in its operations specifications;
    (4) Requirements affecting wet leasing of aircraft and other 
arrangements for transportation by air;
    (5) Requirements for obtaining deviation authority to perform 
operations under a military contract and obtaining deviation authority 
to perform an emergency operation; and
    (6) Requirements for management personnel for operations conducted 
under part 121 or part 135 of this chapter.
    (c) Persons subject to this part must comply with the other 
requirements of this chapter, except where those requirements are 
modified by or where additional requirements are imposed by part 119, 
121, 125, or 135 of this chapter.
    (d) This part does not govern operations conducted under part 91, 
subpart K (when common carriage is not involved) nor does it govern 
operations conducted under part 129, 133, 137, or 139 of this chapter.
    (e) Except for operations when common carriage is not involved 
conducted with airplanes having a passenger-seat configuration of 20 
seats or more, excluding any required crewmember seat, or a payload 
capacity of 6,000 pounds or more, this part does not apply to--
    (1) Student instruction;
    (2) Nonstop Commercial Air Tours conducted after September 11, 2007, 
in an airplane or helicopter having a standard airworthiness certificate 
and passenger-seat configuration of 30 seats or fewer and a maximum 
payload capacity of 7,500 pounds or less that begin and end at the same 
airport, and are conducted within a 25-statute mile radius of that 
airport, in compliance with the Letter of Authorization issued under 
Sec. 91.147 of this chapter. For nonstop Commercial Air Tours conducted 
in accordance with part 136, subpart B of this chapter, National Parks 
Air Tour Management, the requirements of part 119 of this chapter apply 
unless excepted in Sec. 136.37(g)(2). For Nonstop Commercial Air Tours 
conducted in the vicinity of the Grand Canyon National Park, Arizona, 
the requirements of SFAR 50-2, part 93, subpart U, and part 119 of this 
chapter, as applicable, apply.
    (3) Ferry or training flights;
    (4) Aerial work operations, including--
    (i) Crop dusting, seeding, spraying, and bird chasing;
    (ii) Banner towing;
    (iii) Aerial photography or survey;
    (iv) Fire fighting;
    (v) Helicopter operations in construction or repair work (but it 
does apply to transportation to and from the site of operations); and
    (vi) Powerline or pipeline patrol;
    (5) Sightseeing flights conducted in hot air balloons;
    (6) Nonstop flights conducted within a 25-statute-mile radius of the 
airport of takeoff carrying persons or objects for the purpose of 
conducting intentional parachute operations.
    (7) Helicopter flights conducted within a 25 statute mile radius of 
the airport of takeoff if--
    (i) Not more than two passengers are carried in the helicopter in 
addition to the required flightcrew;
    (ii) Each flight is made under day VFR conditions;

[[Page 10]]

    (iii) The helicopter used is certificated in the standard category 
and complies with the 100-hour inspection requirements of part 91 of 
this chapter;
    (iv) The operator notifies the FAA Flight Standards District Office 
responsible for the geographic area concerned at least 72 hours before 
each flight and furnishes any essential information that the office 
requests;
    (v) The number of flights does not exceed a total of six in any 
calendar year;
    (vi) Each flight has been approved by the Administrator; and
    (vii) Cargo is not carried in or on the helicopter;
    (8) Operations conducted under part 133 of this chapter or 375 of 
this title;
    (9) Emergency mail service conducted under 49 U.S.C. 41906; or
    (10) Operations conducted under the provisions of Sec. 91.321 of 
this chapter.

[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-
4, 66 FR 23557, May 9, 2001; Amdt. 119-5, 67 FR 9554, Mar. 1, 2002; 
Amdt. 119-7, 68 FR 54584, Sept. 17, 2003; 72 FR 6911, Feb. 13, 2007]



Sec. 119.3  [Reserved]



Sec. 119.5  Certifications, authorizations, and prohibitions.

    (a) A person authorized by the Administrator to conduct operations 
as a direct air carrier will be issued an Air Carrier Certificate.
    (b) A person who is not authorized to conduct direct air carrier 
operations, but who is authorized by the Administrator to conduct 
operations as a U.S. commercial operator, will be issued an Operating 
Certificate.
    (c) A person who is not authorized to conduct direct air carrier 
operations, but who is authorized by the Administrator to conduct 
operations when common carriage is not involved as an operator of U.S.-
registered civil airplanes with a seat configuration of 20 or more 
passengers, or a maximum payload capacity of 6,000 pounds or more, will 
be issued an Operating Certificate.
    (d) A person authorized to engage in common carriage under part 121 
or part 135 of this chapter, or both, shall be issued only one 
certificate authorizing such common carriage, regardless of the kind of 
operation or the class or size of aircraft to be operated.
    (e) A person authorized to engage in noncommon or private carriage 
under part 125 or part 135 of this chapter, or both, shall be issued 
only one certificate authorizing such carriage, regardless of the kind 
of operation or the class or size of aircraft to be operated.
    (f) A person conducting operations under more than one paragraph of 
Sec. Sec. 119.21, 119.23, or 119.25 shall conduct those operations in 
compliance with--
    (1) The requirements specified in each paragraph of those sections 
for the kind of operation conducted under that paragraph; and
    (2) The appropriate authorizations, limitations, and procedures 
specified in the operations specifications for each kind of operation.
    (g) No person may operate as a direct air carrier or as a commercial 
operator without, or in violation of, an appropriate certificate and 
appropriate operations specifications. No person may operate as a direct 
air carrier or as a commercial operator in violation of any deviation or 
exemption authority, if issued to that person or that person's 
representative.
    (h) A person holding an Operating Certificate authorizing noncommon 
or private carriage operations shall not conduct any operations in 
common carriage. A person holding an Air Carrier Certificate or 
Operating Certificate authorizing common carriage operations shall not 
conduct any operations in noncommon carriage.
    (i) No person may operate as a direct air carrier without holding 
appropriate economic authority from the Department of Transportation.
    (j) A certificate holder under this part may not operate aircraft 
under part 121 or part 135 of this chapter in a geographical area unless 
its operations specifications specifically authorize the certificate 
holder to operate in that area.
    (k) No person may advertise or otherwise offer to perform an 
operation subject to this part unless that person is authorized by the 
Federal Aviation Administration to conduct that operation.

[[Page 11]]

    (l) No person may operate an aircraft under this part, part 121 of 
this chapter, or part 135 of this chapter in violation of an air carrier 
operating certificate, operating certificate, or appropriate operations 
specifications issued under this part.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 
62 FR 13253, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]



Sec. 119.7  Operations specifications.

    (a) Each certificate holder's operations specifications must 
contain--
    (1) The authorizations, limitations, and certain procedures under 
which each kind of operation, if applicable, is to be conducted; and
    (2) Certain other procedures under which each class and size of 
aircraft is to be operated.
    (b) Except for operations specifications paragraphs identifying 
authorized kinds of operations, operations specifications are not a part 
of a certificate.



Sec. 119.9  Use of business names.

    (a) A certificate holder under this part may not operate an aircraft 
under part 121 or part 135 of this chapter using a business name other 
than a business name appearing in the certificate holder's operations 
specifications.
    (b) No person may operate an aircraft under part 121 or part 135 of 
this chapter unless the name of the certificate holder who is operating 
the aircraft, or the air carrier or operating certificate number of the 
certificate holder who is operating the aircraft, is legibly displayed 
on the aircraft and is clearly visible and readable from the outside of 
the aircraft to a person standing on the ground at any time except 
during flight time. The means of displaying the name on the aircraft and 
its readability must be acceptable to the Administrator.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 
62 FR 13253, Mar. 19, 1997]



Subpart B_Applicability of Operating Requirements to Different Kinds of 
        Operations Under Parts 121, 125, and 135 of This Chapter



Sec. 119.21  Commercial operators engaged in intrastate common 
carriage and direct air carriers.

    (a) Each person who conducts airplane operations as a commercial 
operator engaged in intrastate common carriage of persons or property 
for compensation or hire in air commerce, or as a direct air carrier, 
shall comply with the certification and operations specifications 
requirements in subpart C of this part, and shall conduct its:
    (1) Domestic operations in accordance with the applicable 
requirements of part 121 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements. However, based on a showing of safety in air commerce, the 
Administrator may permit persons who conduct domestic operations between 
any point located within any of the following Alaskan islands and any 
point in the State of Alaska to comply with the requirements applicable 
to flag operations contained in subpart U of part 121 of this chapter:
    (i) The Aleutian Islands.
    (ii) The Pribilof Islands.
    (iii) The Shumagin Islands.
    (2) Flag operations in accordance with the applicable requirements 
of part 121 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.
    (3) Supplemental operations in accordance with the applicable 
requirements of part 121 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements. However, based on a determination of safety in air 
commerce, the Administrator may authorize or require those operations to 
be conducted under paragraph (a)(1) or (a)(2) of this section.
    (4) Commuter operations in accordance with the applicable 
requirements of part 135 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.

[[Page 12]]

    (5) On-demand operations in accordance with the applicable 
requirements of part 135 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.
    (b) Persons who are subject to the requirements of paragraph (a)(4) 
of this section may conduct those operations in accordance with the 
requirements of paragraph (a)(1) or (a)(2) of this section, provided 
they obtain authorization from the Administrator.
    (c) Persons who are subject to the requirements of paragraph (a)(5) 
of this section may conduct those operations in accordance with the 
requirements of paragraph (a)(3) of this section, provided they obtain 
authorization from the Administrator.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30433, June 14, 1996; Amdt. 119-3, 62 FR 13254, Mar. 19, 1997]



Sec. 119.23  Operators engaged in passenger-carrying operations, 
cargo operations, or both with airplanes when common carriage
is not involved.

    (a) Each person who conducts operations when common carriage is not 
involved with airplanes having a passenger-seat configuration of 20 
seats or more, excluding each crewmember seat, or a payload capacity of 
6,000 pounds or more, shall, unless deviation authority is issued--
    (1) Comply with the certification and operations specifications 
requirements of part 125 of this chapter;
    (2) Conduct its operations with those airplanes in accordance with 
the requirements of part 125 of this chapter; and
    (3) Be issued operations specifications in accordance with those 
requirements.
    (b) Each person who conducts noncommon carriage (except as provided 
in Sec. 91.501(b) of this chapter) or private carriage operations for 
compensation or hire with airplanes having a passenger-seat 
configuration of less than 20 seats, excluding each crewmember seat, and 
a payload capacity of less than 6,000 pounds shall--
    (1) Comply with the certification and operations specifications 
requirements in subpart C of this part;
    (2) Conduct those operations in accordance with the requirements of 
part 135 of this chapter, except for those requirements applicable only 
to commuter operations; and
    (3) Be issued operations specifications in accordance with those 
requirements.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996]



Sec. 119.25  Rotorcraft operations: Direct air carriers and 
commercial operators.

    Each person who conducts rotorcraft operations for compensation or 
hire must comply with the certification and operations specifications 
requirements of Subpart C of this part, and shall conduct its:
    (a) Commuter operations in accordance with the applicable 
requirements of part 135 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.
    (b) On-demand operations in accordance with the applicable 
requirements of part 135 of this chapter, and shall be issued operations 
specifications for those operations in accordance with those 
requirements.



 Subpart C_Certification, Operations Specifications, and Certain Other 
Requirements for Operations Conducted Under Part 121 or Part 135 of This 
                                 Chapter



Sec. 119.31  Applicability.

    This subpart sets out certification requirements and prescribes the 
content of operations specifications and certain other requirements for 
operations conducted under part 121 or part 135 of this chapter.



Sec. 119.33  General requirements.

    (a) A person may not operate as a direct air carrier unless that 
person--
    (1) Is a citizen of the United States;
    (2) Obtains an Air Carrier Certificate; and

[[Page 13]]

    (3) Obtains operations specifications that prescribe the 
authorizations, limitations, and procedures under which each kind of 
operation must be conducted.
    (b) A person other than a direct air carrier may not conduct any 
commercial passenger or cargo aircraft operation for compensation or 
hire under part 121 or part 135 of this chapter unless that person--
    (1) Is a citizen of the United States;
    (2) Obtains an Operating Certificate; and
    (3) Obtains operations specifications that prescribe the 
authorizations, limitations, and procedures under which each kind of 
operation must be conducted.
    (c) Each applicant for a certificate under this part and each 
applicant for operations specifications authorizing a new kind of 
operation that is subject to Sec. 121.163 or Sec. 135.145 of this 
chapter shall conduct proving tests as authorized by the Administrator 
during the application process for authority to conduct operations under 
part 121 or part 135 of this chapter. All proving tests must be 
conducted in a manner acceptable to the Administrator. All proving tests 
must be conducted under the appropriate operating and maintenance 
requirements of part 121 or 135 of this chapter that would apply if the 
applicant were fully certificated. The Administrator will issue a letter 
of authorization to each person stating the various authorities under 
which the proving tests shall be conducted.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996]



Sec. 119.35  Certificate application requirements for all operators.

    (a) A person applying to the Administrator for an Air Carrier 
Certificate or Operating Certificate under this part (applicant) must 
submit an application--
    (1) In a form and manner prescribed by the Administrator; and
    (2) Containing any information the Administrator requires the 
applicant to submit.
    (b) Each applicant must submit the application to the Administrator 
at least 90 days before the date of intended operation.

[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]



Sec. 119.36  Additional certificate application requirements for 
commercial operators.

    (a) Each applicant for the original issue of an operating 
certificate for the purpose of conducting intrastate common carriage 
operations under part 121 or part 135 of this chapter must submit an 
application in a form and manner prescribed by the Administrator to the 
Flight Standards District Office in whose area the applicant proposes to 
establish or has established his or her principal base of operations.
    (b) Each application submitted under paragraph (a) of this section 
must contain a signed statement showing the following:
    (1) For corporate applicants:
    (i) The name and address of each stockholder who owns 5 percent or 
more of the total voting stock of the corporation, and if that 
stockholder is not the sole beneficial owner of the stock, the name and 
address of each beneficial owner. An individual is considered to own the 
stock owned, directly or indirectly, by or for his or her spouse, 
children, grandchildren, or parents.
    (ii) The name and address of each director and each officer and each 
person employed or who will be employed in a management position 
described in Sec. Sec. 119.65 and 119.69, as applicable.
    (iii) The name and address of each person directly or indirectly 
controlling or controlled by the applicant and each person under direct 
or indirect control with the applicant.
    (2) For non-corporate applicants:
    (i) The name and address of each person having a financial interest 
therein and the nature and extent of that interest.
    (ii) The name and address of each person employed or who will be 
employed in a management position described in Sec. Sec. 119.65 and 
119.69, as applicable.
    (c) In addition, each applicant for the original issue of an 
operating certificate under paragraph (a) of this section

[[Page 14]]

must submit with the application a signed statement showing--
    (1) The nature and scope of its intended operation, including the 
name and address of each person, if any, with whom the applicant has a 
contract to provide services as a commercial operator and the scope, 
nature, date, and duration of each of those contracts; and
    (2) For applicants intending to conduct operations under part 121 of 
this chapter, the financial information listed in paragraph (e) of this 
section.
    (d) Each applicant for, or holder of, a certificate issued under 
paragraph (a) of this section, shall notify the Administrator within 10 
days after--
    (1) A change in any of the persons, or the names and addresses of 
any of the persons, submitted to the Administrator under paragraph 
(b)(1) or (b)(2) of this section; or
    (2) For applicants intending to conduct operations under part 121 of 
this chapter, a change in the financial information submitted to the 
Administrator under paragraph (e) of this section that occurs while the 
application for the issue is pending before the FAA and that would make 
the applicant's financial situation substantially less favorable than 
originally reported.
    (e) Each applicant for the original issue of an operating 
certificate under paragraph (a) of this section who intends to conduct 
operations under part 121 of this chapter must submit the following 
financial information:
    (1) A balance sheet that shows assets, liabilities, and net worth, 
as of a date not more than 60 days before the date of application.
    (2) An itemization of liabilities more than 60 days past due on the 
balance sheet date, if any, showing each creditor's name and address, a 
description of the liability, and the amount and due date of the 
liability.
    (3) An itemization of claims in litigation, if any, against the 
applicant as of the date of application showing each claimant's name and 
address and a description and the amount of the claim.
    (4) A detailed projection of the proposed operation covering 6 
complete months after the month in which the certificate is expected to 
be issued including--
    (i) Estimated amount and source of both operating and nonoperating 
revenue, including identification of its existing and anticipated income 
producing contracts and estimated revenue per mile or hour of operation 
by aircraft type;
    (ii) Estimated amount of operating and nonoperating expenses by 
expense objective classification; and
    (iii) Estimated net profit or loss for the period.
    (5) An estimate of the cash that will be needed for the proposed 
operations during the first 6 months after the month in which the 
certificate is expected to be issued, including--
    (i) Acquisition of property and equipment (explain);
    (ii) Retirement of debt (explain);
    (iii) Additional working capital (explain);
    (iv) Operating losses other than depreciation and amortization 
(explain); and
    (v) Other (explain).
    (6) An estimate of the cash that will be available during the first 
6 months after the month in which the certificate is expected to be 
issued, from--
    (i) Sale of property or flight equipment (explain);
    (ii) New debt (explain);
    (iii) New equity (explain);
    (iv) Working capital reduction (explain);
    (v) Operations (profits) (explain);
    (vi) Depreciation and amortization (explain); and
    (vii) Other (explain).
    (7) A schedule of insurance coverage in effect on the balance sheet 
date showing insurance companies; policy numbers; types, amounts, and 
period of coverage; and special conditions, exclusions, and limitations.
    (8) Any other financial information that the Administrator requires 
to enable him or her to determine that the applicant has sufficient 
financial resources to conduct his or her operations with the degree of 
safety required in the public interest.
    (f) Each financial statement containing financial information 
required by paragraph (e) of this section must be based on accounts 
prepared and

[[Page 15]]

maintained on an accrual basis in accordance with generally accepted 
accounting principles applied on a consistent basis, and must contain 
the name and address of the applicant's public accounting firm, if any. 
Information submitted must be signed by an officer, owner, or partner of 
the applicant or certificate holder.

[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]



Sec. 119.37  Contents of an Air Carrier Certificate or Operating 
Certificate.

    The Air Carrier Certificate or Operating Certificate includes--
    (a) The certificate holder's name;
    (b) The location of the certificate holder's principal base of 
operations;
    (c) The certificate number;
    (d) The certificate's effective date; and
    (e) The name or the designator of the certificate-holding district 
office.



Sec. 119.39  Issuing or denying a certificate.

    (a) An applicant may be issued an Air Carrier Certificate or 
Operating Certificate if, after investigation, the Administrator finds 
that the applicant--
    (1) Meets the applicable requirements of this part;
    (2) Holds the economic authority applicable to the kinds of 
operations to be conducted, issued by the Department of Transportation, 
if required; and
    (3) Is properly and adequately equipped in accordance with the 
requirements of this chapter and is able to conduct a safe operation 
under appropriate provisions of part 121 or part 135 of this chapter and 
operations specifications issued under this part.
    (b) An application for a certificate may be denied if the 
Administrator finds that--
    (1) The applicant is not properly or adequately equipped or is not 
able to conduct safe operations under this subchapter;
    (2) The applicant previously held an Air Carrier Certificate or 
Operating Certificate which was revoked;
    (3) The applicant intends to or fills a key management position 
listed in Sec. 119.65(a) or Sec. 119.69(a), as applicable, with an 
individual who exercised control over or who held the same or a similar 
position with a certificate holder whose certificate was revoked, or is 
in the process of being revoked, and that individual materially 
contributed to the circumstances causing revocation or causing the 
revocation process;
    (4) An individual who will have control over or have a substantial 
ownership interest in the applicant had the same or similar control or 
interest in a certificate holder whose certificate was revoked, or is in 
the process of being revoked, and that individual materially contributed 
to the circumstances causing revocation or causing the revocation 
process; or
    (5) In the case of an applicant for an Operating Certificate for 
intrastate common carriage, that for financial reasons the applicant is 
not able to conduct a safe operation.



Sec. 119.41  Amending a certificate.

    (a) The Administrator may amend any certificate issued under this 
part if--
    (1) The Administrator determines, under 49 U.S.C. 44709 and part 13 
of this chapter, that safety in air commerce and the public interest 
requires the amendment; or
    (2) The certificate holder applies for the amendment and the 
certificate-holding district office determines that safety in air 
commerce and the public interest allows the amendment.
    (b) When the Administrator proposes to issue an order amending, 
suspending, or revoking all or part of any certificate, the procedure in 
Sec. 13.19 of this chapter applies.
    (c) When the certificate holder applies for an amendment of its 
certificate, the following procedure applies:
    (1) The certificate holder must file an application to amend its 
certificate with the certificate-holding district office at least 15 
days before the date proposed by the applicant for the amendment to 
become effective, unless the administrator approves filing within a 
shorter period; and
    (2) The application must be submitted to the certificate-holding 
district office in the form and manner prescribed by the Administrator.

[[Page 16]]

    (d) When a certificate holder seeks reconsideration of a decision 
from the certificate-holding district office concerning amendments of a 
certificate, the following procedure applies:
    (1) The petition for reconsideration must be made within 30 days 
after the certificate holder receives the notice of denial; and
    (2) The certificate holder must petition for reconsideration to the 
Director, Flight Standards Service.



Sec. 119.43  Certificate holder's duty to maintain operations specifications.

    (a) Each certificate holder shall maintain a complete and separate 
set of its operations specifications at its principal base of 
operations.
    (b) Each certificate holder shall insert pertinent excerpts of its 
operations specifications, or references thereto, in its manual and 
shall--
    (1) Clearly identify each such excerpt as a part of its operations 
specifications; and
    (2) State that compliance with each operations specifications 
requirement is mandatory.
    (c) Each certificate holder shall keep each of its employees and 
other persons used in its operations informed of the provisions of its 
operations specifications that apply to that employee's or person's 
duties and responsibilities.



Sec. 119.45  [Reserved]



Sec. 119.47  Maintaining a principal base of operations, main 
operations base, and main maintenance base; change of address.

    (a) Each certificate holder must maintain a principal base of 
operations. Each certificate holder may also establish a main operations 
base and a main maintenance base which may be located at either the same 
location as the principal base of operations or at separate locations.
    (b) At least 30 days before it proposes to establish or change the 
location of its principal base of operations, its main operations base, 
or its main maintenance base, a certificate holder must provide written 
notification to its certificate-holding district office.



Sec. 119.49  Contents of operations specifications.

    (a) Each certificate holder conducting domestic, flag, or commuter 
operations must obtain operations specifications containing all of the 
following:
    (1) The specific location of the certificate holder's principal base 
of operations and, if different, the address that shall serve as the 
primary point of contact for correspondence between the FAA and the 
certificate holder and the name and mailing address of the certificate 
holder's agent for service.
    (2) Other business names under which the certificate holder may 
operate.
    (3) Reference to the economic authority issued by the Department of 
Transportation, if required.
    (4) Type of aircraft, registration markings, and serial numbers of 
each aircraft authorized for use, each regular and alternate airport to 
be used in scheduled operations, and, except for commuter operations, 
each provisional and refueling airport.
    (i) Subject to the approval of the Administrator with regard to form 
and content, the certificate holder may incorporate by reference the 
items listed in paragraph (a)(4) of this section into the certificate 
holder's operations specifications by maintaining a current listing of 
those items and by referring to the specific list in the applicable 
paragraph of the operations specifications.
    (ii) The certificate holder may not conduct any operation using any 
aircraft or airport not listed.
    (5) Kinds of operations authorized.
    (6) Authorization and limitations for routes and areas of 
operations.
    (7) Airport limitations.
    (8) Time limitations, or standards for determining time limitations, 
for overhauling, inspecting, and checking airframes, engines, 
propellers, rotors, appliances, and emergency equipment.
    (9) Authorization for the method of controlling weight and balance 
of aircraft.
    (10) Interline equipment interchange requirements, if relevant.
    (11) Aircraft wet lease information required by Sec. 119.53(c).

[[Page 17]]

    (12) Any authorized deviation and exemption granted from any 
requirement of this chapter.
    (13) An authorization permitting, or a prohibition against, 
accepting, handling, and transporting materials regulated as hazardous 
materials in transport under 49 CFR parts 171 through 180.
    (14) Any other item the Administrator determines is necessary.
    (b) Each certificate holder conducting supplemental operations must 
obtain operations specifications containing all of the following:
    (1) The specific location of the certificate holder's principal base 
of operations, and, if different, the address that shall serve as the 
primary point of contact for correspondence between the FAA and the 
certificate holder and the name and mailing address of the certificate 
holder's agent for service.
    (2) Other business names under which the certificate holder may 
operate.
    (3) Reference to the economic authority issued by the Department of 
Transportation, if required.
    (4) Type of aircraft, registration markings, and serial number of 
each aircraft authorized for use.
    (i) Subject to the approval of the Administrator with regard to form 
and content, the certificate holder may incorporate by reference the 
items listed in paragraph (b)(4) of this section into the certificate 
holder's operations specifications by maintaining a current listing of 
those items and by referring to the specific list in the applicable 
paragraph of the operations specifications.
    (ii) The certificate holder may not conduct any operation using any 
aircraft not listed.
    (5) Kinds of operations authorized.
    (6) Authorization and limitations for routes and areas of 
operations.
    (7) Special airport authorizations and limitations.
    (8) Time limitations, or standards for determining time limitations, 
for overhauling, inspecting, and checking airframes, engines, 
propellers, appliances, and emergency equipment.
    (9) Authorization for the method of controlling weight and balance 
of aircraft.
    (10) Aircraft wet lease information required by Sec. 119.53(c).
    (11) Any authorization or requirement to conduct supplemental 
operations as provided by Sec. 119.21(a)(3).
    (12) Any authorized deviation or exemption from any requirement of 
this chapter.
    (13) An authorization permitting, or a prohibition against, 
accepting, handling, and transporting materials regulated as hazardous 
materials in transport under 49 CFR parts 171 through 180.
    (14) Any other item the Administrator determines is necessary.
    (c) Each certificate holder conducting on-demand operations must 
obtain operations specifications containing all of the following:
    (1) The specific location of the certificate holder's principal base 
of operations, and if different, the address that shall serve as the 
primary point of contact for correspondence between the FAA and the name 
and mailing address of the certificate holder's agent for service.
    (2) Other business names under which the certificate holder may 
operate.
    (3) Reference to the economic authority issued by the Department of 
Transportation, if required.
    (4) Kind and area of operations authorized.
    (5) Category and class of aircraft that may be used in those 
operations.
    (6) Type of aircraft, registration markings, and serial number of 
each aircraft that is subject to an airworthiness maintenance program 
required by Sec. 135.411(a)(2) of this chapter.
    (i) Subject to the approval of the Administrator with regard to form 
and content, the certificate holder may incorporate by reference the 
items listed in paragraph (c)(6) of this section into the certificate 
holder's operations specifications by maintaining a current listing of 
those items and by referring to the specific list in the applicable 
paragraph of the operations specifications.
    (ii) The certificate holder may not conduct any operation using any 
aircraft not listed.
    (7) Registration markings of each aircraft that is to be inspected 
under an

[[Page 18]]

approved aircraft inspection program under Sec. 135.419 of this 
chapter.
    (8) Time limitations or standards for determining time limitations, 
for overhauls, inspections, and checks for airframes, engines, 
propellers, rotors, appliances, and emergency equipment of aircraft that 
are subject to an airworthiness maintenance program required by Sec. 
135.411(a)(2) of this chapter.
    (9) Additional maintenance items required by the Administrator under 
Sec. 135.421 of this chapter.
    (10) Aircraft wet lease information required by Sec. 119.53(c).
    (11) Any authorized deviation or exemption from any requirement of 
this chapter.
    (12) An authorization permitting, or a prohibition against, 
accepting, handling, and transporting materials regulated as hazardous 
materials in transport under 49 CFR parts 171 through 180.
    (13) Any other item the Administrator determines is necessary.

[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-
10, 70 FR 58823, Oct. 7, 2005; Amdt. 119-13, 75 FR 26645, May 12, 2010]



Sec. 119.51  Amending operations specifications.

    (a) The Administrator may amend any operations specifications issued 
under this part if--
    (1) The Administrator determines that safety in air commerce and the 
public interest require the amendment; or
    (2) The certificate holder applies for the amendment, and the 
Administrator determines that safety in air commerce and the public 
interest allows the amendment.
    (b) Except as provided in paragraph (e) of this section, when the 
Administrator initiates an amendment to a certificate holder's 
operations specifications, the following procedure applies:
    (1) The certificate-holding district office notifies the certificate 
holder in writing of the proposed amendment.
    (2) The certificate-holding district office sets a reasonable period 
(but not less than 7 days) within which the certificate holder may 
submit written information, views, and arguments on the amendment.
    (3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--
    (i) The adoption of the proposed amendment;
    (ii) The partial adoption of the proposed amendment; or
    (iii) The withdrawal of the proposed amendment.
    (4) If the certificate-holding district office issues an amendment 
to the operations specifications, it becomes effective not less than 30 
days after the certificate holder receives notice of it unless--
    (i) The certificate-holding district office finds under paragraph 
(e) of this section that there is an emergency requiring immediate 
action with respect to safety in air commerce; or
    (ii) The certificate holder petitions for reconsideration of the 
amendment under paragraph (d) of this section.
    (c) When the certificate holder applies for an amendment to its 
operations specifications, the following procedure applies:
    (1) The certificate holder must file an application to amend its 
operations specifications--
    (i) At least 90 days before the date proposed by the applicant for 
the amendment to become effective, unless a shorter time is approved, in 
cases of mergers; acquisitions of airline operational assets that 
require an additional showing of safety (e.g., proving tests); changes 
in the kind of operation as defined in Sec. 110.2; resumption of 
operations following a suspension of operations as a result of 
bankruptcy actions; or the initial introduction of aircraft not before 
proven for use in air carrier or commercial operator operations.
    (ii) At least 15 days before the date proposed by the applicant for 
the amendment to become effective in all other cases.
    (2) The application must be submitted to the certificate-holding 
district office in a form and manner prescribed by the Administrator.
    (3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--

[[Page 19]]

    (i) The adoption of the applied for amendment;
    (ii) The partial adoption of the applied for amendment; or
    (iii) The denial of the applied for amendment. The certificate 
holder may petition for reconsideration of a denial under paragraph (d) 
of this section.
    (4) If the certificate-holding district office approves the 
amendment, following coordination with the certificate holder regarding 
its implementation, the amendment is effective on the date the 
Administrator approves it.
    (d) When a certificate holder seeks reconsideration of a decision 
from the certificate-holding district office concerning the amendment of 
operations specifications, the following procedure applies:
    (1) The certificate holder must petition for reconsideration of that 
decision within 30 days of the date that the certificate holder receives 
a notice of denial of the amendment to its operations specifications, or 
of the date it receives notice of an FAA-initiated amendment to its 
operations specifications, whichever circumstance applies.
    (2) The certificate holder must address its petition to the 
Director, Flight Standards Service.
    (3) A petition for reconsideration, if filed within the 30-day 
period, suspends the effectiveness of any amendment issued by the 
certificate-holding district office unless the certificate-holding 
district office has found, under paragraph (e) of this section, that an 
emergency exists requiring immediate action with respect to safety in 
air transportation or air commerce.
    (4) If a petition for reconsideration is not filed within 30 days, 
the procedures of paragraph (c) of this section apply.
    (e) If the certificate-holding district office finds that an 
emergency exists requiring immediate action with respect to safety in 
air commerce or air transportation that makes the procedures set out in 
this section impracticable or contrary to the public interest:
    (1) The certificate-holding district office amends the operations 
specifications and makes the amendment effective on the day the 
certificate holder receives notice of it.
    (2) In the notice to the certificate holder, the certificate-holding 
district office articulates the reasons for its finding that an 
emergency exists requiring immediate action with respect to safety in 
air transportation or air commerce or that makes it impracticable or 
contrary to the public interest to stay the effectiveness of the 
amendment.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-14, 
76 FR 7488, Feb. 10, 2011]



Sec. 119.53  Wet leasing of aircraft and other arrangements for 
transportation by air.

    (a) Unless otherwise authorized by the Administrator, prior to 
conducting operations involving a wet lease, each certificate holder 
under this part authorized to conduct common carriage operations under 
this subchapter shall provide the Administrator with a copy of the wet 
lease to be executed which would lease the aircraft to any other person 
engaged in common carriage operations under this subchapter, including 
foreign air carriers, or to any other foreign person engaged in common 
carriage wholly outside the United States.
    (b) No certificate holder under this part may wet lease from a 
foreign air carrier or any other foreign person or any person not 
authorized to engage in common carriage.
    (c) Upon receiving a copy of a wet lease, the Administrator 
determines which party to the agreement has operational control of the 
aircraft and issues amendments to the operations specifications of each 
party to the agreement, as needed. The lessor must provide the following 
information to be incorporated into the operations specifications of 
both parties, as needed.
    (1) The names of the parties to the agreement and the duration 
thereof.
    (2) The nationality and registration markings of each aircraft 
involved in the agreement.
    (3) The kind of operation (e.g., domestic, flag, supplemental, 
commuter, or on-demand).
    (4) The airports or areas of operation.
    (5) A statement specifying the party deemed to have operational 
control and the times, airports, or areas under

[[Page 20]]

which such operational control is exercised.
    (d) In making the determination of paragraph (c) of this section, 
the Administrator will consider the following:
    (1) Crewmembers and training.
    (2) Airworthiness and performance of maintenance.
    (3) Dispatch.
    (4) Servicing the aircraft.
    (5) Scheduling.
    (6) Any other factor the Administrator considers relevant.
    (e) Other arrangements for transportation by air: Except as provided 
in paragraph (f) of this section, a certificate holder under this part 
operating under part 121 or 135 of this chapter may not conduct any 
operation for another certificate holder under this part or a foreign 
air carrier under part 129 of this chapter or a foreign person engaged 
in common carriage wholly outside the United States unless it holds 
applicable Department of Transportation economic authority, if required, 
and is authorized under its operations specifications to conduct the 
same kinds of operations (as defined in Sec. 110.2). The certificate 
holder conducting the substitute operation must conduct that operation 
in accordance with the same operations authority held by the certificate 
holder arranging for the substitute operation. These substitute 
operations must be conducted between airports for which the substitute 
certificate holder holds authority for scheduled operations or within 
areas of operations for which the substitute certificate holder has 
authority for supplemental or on-demand operations.
    (f) A certificate holder under this part may, if authorized by the 
Department of Transportation under Sec. 380.3 of this title and the 
Administrator in the case of interstate commuter, interstate domestic, 
and flag operations, or the Administrator in the case of scheduled 
intrastate common carriage operations, conduct one or more flights for 
passengers who are stranded because of the cancellation of their 
scheduled flights. These flights must be conducted under the rules of 
part 121 or part 135 of this chapter applicable to supplemental or on-
demand operations.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-14, 
76 FR 7488, Feb. 10, 2011]



Sec. 119.55  Obtaining deviation authority to perform operations under
a U.S. military contract.

    (a) The Administrator may authorize a certificate holder that is 
authorized to conduct supplemental or on-demand operations to deviate 
from the applicable requirements of this part, part 121, or part 135 of 
this chapter in order to perform operations under a U.S. military 
contract.
    (b) A certificate holder that has a contract with the U.S. 
Department of Defense's Air Mobility Command (AMC) must submit a request 
for deviation authority to AMC. AMC will review the requests, then 
forward the carriers' consolidated requests, along with AMC's 
recommendations, to the FAA for review and action.
    (c) The Administrator may authorize a deviation to perform 
operations under a U.S. military contract under the following 
conditions--
    (1) The Department of Defense certifies to the Administrator that 
the operation is essential to the national defense;
    (2) The Department of Defense further certifies that the certificate 
holder cannot perform the operation without deviation authority;
    (3) The certificate holder will perform the operation under a 
contract or subcontract for the benefit of a U.S. armed service; and
    (4) The Administrator finds that the deviation is based on grounds 
other than economic advantage either to the certificate holder or to the 
United States.
    (d) In the case where the Administrator authorizes a deviation under 
this section, the Administrator will issue an appropriate amendment to 
the certificate holder's operations specifications.
    (e) The Administrator may, at any time, terminate any grant of 
deviation authority issued under this section.

[[Page 21]]



Sec. 119.57  Obtaining deviation authority to perform an emergency 
operation.

    (a) In emergency conditions, the Administrator may authorize 
deviations if--
    (1) Those conditions necessitate the transportation of persons or 
supplies for the protection of life or property; and
    (2) The Administrator finds that a deviation is necessary for the 
expeditious conduct of the operations.
    (b) When the Administrator authorizes deviations for operations 
under emergency conditions--
    (1) The Administrator will issue an appropriate amendment to the 
certificate holder's operations specifications; or
    (2) If the nature of the emergency does not permit timely amendment 
of the operations specifications--
    (i) The Administrator may authorize the deviation orally; and
    (ii) The certificate holder shall provide documentation describing 
the nature of the emergency to the certificate-holding district office 
within 24 hours after completing the operation.



Sec. 119.59  Conducting tests and inspections.

    (a) At any time or place, the Administrator may conduct an 
inspection or test to determine whether a certificate holder under this 
part is complying with title 49 of the United States Code, applicable 
regulations, the certificate, or the certificate holder's operations 
specifications.
    (b) The certificate holder must--
    (1) Make available to the Administrator at the certificate holder's 
principal base of operations--
    (i) The certificate holder's Air Carrier Certificate or the 
certificate holder's Operating Certificate and the certificate holder's 
operations specifications; and
    (ii) A current listing that will include the location and persons 
responsible for each record, document, and report required to be kept by 
the certificate holder under title 49 of the United States Code 
applicable to the operation of the certificate holder.
    (2) Allow the Administrator to make any test or inspection to 
determine compliance respecting any matter stated in paragraph (a) of 
this section.
    (c) Each employee of, or person used by, the certificate holder who 
is responsible for maintaining the certificate holder's records must 
make those records available to the Administrator.
    (d) The Administrator may determine a certificate holder's continued 
eligibility to hold its certificate and/or operations specifications on 
any grounds listed in paragraph (a) of this section, or any other 
appropriate grounds.
    (e) Failure by any certificate holder to make available to the 
Administrator upon request, the certificate, operations specifications, 
or any required record, document, or report is grounds for suspension of 
all or any part of the certificate holder's certificate and operations 
specifications.
    (f) In the case of operators conducting intrastate common carriage 
operations, these inspections and tests include inspections and tests of 
financial books and records.



Sec. 119.61  Duration and surrender of certificate and operations
specifications.

    (a) An Air Carrier Certificate or Operating Certificate issued under 
this part is effective until--
    (1) The certificate holder surrenders it to the Administrator; or
    (2) The Administrator suspends, revokes, or otherwise terminates the 
certificate.
    (b) Operations specifications issued under this part, part 121, or 
part 135 of this chapter are effective unless--
    (1) The Administrator suspends, revokes, or otherwise terminates the 
certificate;
    (2) The operations specifications are amended as provided in Sec. 
119.51;
    (3) The certificate holder does not conduct a kind of operation for 
more than the time specified in Sec. 119.63 and fails to follow the 
procedures of Sec. 119.63 upon resuming that kind of operation; or
    (4) The Administrator suspends or revokes the operations 
specifications for a kind of operation.
    (c) Within 30 days after a certificate holder terminates operations 
under part 135 of this chapter, the operating

[[Page 22]]

certificate and operations specifications must be surrendered by the 
certificate holder to the certificate-holding district office.



Sec. 119.63  Recency of operation.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder may conduct a kind of operation for which it holds 
authority in its operations specifications unless the certificate holder 
has conducted that kind of operation within the preceding number of 
consecutive calendar days specified in this paragraph:
    (1) For domestic, flag, or commuter operations--30 days.
    (2) For supplemental or on-demand operations--90 days, except that 
if the certificate holder has authority to conduct domestic, flag, or 
commuter operations, and has conducted domestic, flag or commuter 
operations within the previous 30 days, this paragraph does not apply.
    (b) If a certificate holder does not conduct a kind of operation for 
which it is authorized in its operations specifications within the 
number of calendar days specified in paragraph (a) of this section, it 
shall not conduct such kind of operation unless--
    (1) It advises the Administrator at least 5 consecutive calendar 
days before resumption of that kind of operation; and
    (2) It makes itself available and accessible during the 5 
consecutive calendar day period in the event that the FAA decides to 
conduct a full inspection reexamination to determine whether the 
certificate holder remains properly and adequately equipped and able to 
conduct a safe operation.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996]



Sec. 119.65  Management personnel required for operations conducted
under part 121 of this chapter.

    (a) Each certificate holder must have sufficient qualified 
management and technical personnel to ensure the highest degree of 
safety in its operations. The certificate holder must have qualified 
personnel serving full-time in the following or equivalent positions:
    (1) Director of Safety.
    (2) Director of Operations.
    (3) Chief Pilot.
    (4) Director of Maintenance.
    (5) Chief Inspector.
    (b) The Administrator may approve positions or numbers of positions 
other than those listed in paragraph (a) of this section for a 
particular operation if the certificate holder shows that it can perform 
the operation with the highest degree of safety under the direction of 
fewer or different categories of management personnel due to--
    (1) The kind of operation involved;
    (2) The number and type of airplanes used; and
    (3) The area of operations.
    (c) The title of the positions required under paragraph (a) of this 
section or the title and number of equivalent positions approved under 
paragraph (b) of this section shall be set forth in the certificate 
holder's operations specifications.
    (d) The individuals who serve in the positions required or approved 
under paragraph (a) or (b) of this section and anyone in a position to 
exercise control over operations conducted under the operating 
certificate must--
    (1) Be qualified through training, experience, and expertise;
    (2) To the extent of their responsibilities, have a full 
understanding of the following materials with respect to the certificate 
holder's operation--
    (i) Aviation safety standards and safe operating practices;
    (ii) 14 CFR Chapter I (Federal Aviation Regulations);
    (iii) The certificate holder's operations specifications;
    (iv) All appropriate maintenance and airworthiness requirements of 
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 121 of 
this chapter); and
    (v) The manual required by Sec. 121.133 of this chapter; and
    (3) Discharge their duties to meet applicable legal requirements and 
to maintain safe operations.
    (e) Each certificate holder must:
    (1) State in the general policy provisions of the manual required by 
Sec. 121.133 of this chapter, the duties, responsibilities, and 
authority of personnel required under paragraph (a) of this section;

[[Page 23]]

    (2) List in the manual the names and business addresses of the 
individuals assigned to those positions; and
    (3) Notify the certificate-holding district office within 10 days of 
any change in personnel or any vacancy in any position listed.



Sec. 119.67  Management personnel: Qualifications for operations 
conducted under part 121 of this chapter.

    (a) To serve as Director of Operations under Sec. 119.65(a) a 
person must--
    (1) Hold an airline transport pilot certificate;
    (2) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational control 
over any operations conducted with large airplanes under part 121 or 
part 135 of this chapter, or if the certificate holder uses only small 
airplanes in its operations, the experience may be obtained in large or 
small airplanes; and
    (3) In the case of a person becoming a Director of Operations--
    (i) For the first time ever, have at least 3 years experience, 
within the past 6 years, as pilot in command of a large airplane 
operated under part 121 or part 135 of this chapter, if the certificate 
holder operates large airplanes. If the certificate holder uses only 
small airplanes in its operation, the experience may be obtained in 
either large or small airplanes.
    (ii) In the case of a person with previous experience as a Director 
of Operations, have at least 3 years experience as pilot in command of a 
large airplane operated under part 121 or part 135 of this chapter, if 
the certificate holder operates large airplanes. If the certificate 
holder uses only small airplanes in its operation, the experience may be 
obtained in either large or small airplanes.
    (b) To serve as Chief Pilot under Sec. 119.65(a) a person must hold 
an airline transport pilot certificate with appropriate ratings for at 
least one of the airplanes used in the certificate holder's operation 
and:
    (1) In the case of a person becoming a Chief Pilot for the first 
time ever, have at least 3 years experience, within the past 6 years, as 
pilot in command of a large airplane operated under part 121 or part 135 
of this chapter, if the certificate holder operates large airplanes. If 
the certificate holder uses only small airplanes in its operation, the 
experience may be obtained in either large or small airplanes.
    (2) In the case of a person with previous experience as a Chief 
Pilot, have at least 3 years experience, as pilot in command of a large 
airplane operated under part 121 or part 135 of this chapter, if the 
certificate holder operates large airplanes. If the certificate holder 
uses only small airplanes in its operation, the experience may be 
obtained in either large or small airplanes.
    (c) To serve as Director of Maintenance under Sec. 119.65(a) a 
person must--
    (1) Hold a mechanic certificate with airframe and powerplant 
ratings;
    (2) Have 1 year of experience in a position responsible for 
returning airplanes to service;
    (3) Have at least 1 year of experience in a supervisory capacity 
under either paragraph (c)(4)(i) or (c)(4)(ii) of this section 
maintaining the same category and class of airplane as the certificate 
holder uses; and
    (4) Have 3 years experience within the past 6 years in one or a 
combination of the following--
    (i) Maintaining large airplanes with 10 or more passenger seats, 
including at the time of appointment as Director of Maintenance, 
experience in maintaining the same category and class of airplane as the 
certificate holder uses; or
    (ii) Repairing airplanes in a certificated airframe repair station 
that is rated to maintain airplanes in the same category and class of 
airplane as the certificate holder uses.
    (d) To serve as Chief Inspector under Sec. 119.65(a) a person 
must--
    (1) Hold a mechanic certificate with both airframe and powerplant 
ratings, and have held these ratings for at least 3 years;
    (2) Have at least 3 years of maintenance experience on different 
types of large airplanes with 10 or more passenger seats with an air 
carrier or certificated repair station, 1 year of which must have been 
as maintenance inspector; and
    (3) Have at least 1 year of experience in a supervisory capacity 
maintaining

[[Page 24]]

the same category and class of aircraft as the certificate holder uses.
    (e) A certificate holder may request a deviation to employ a person 
who does not meet the appropriate airman experience, managerial 
experience, or supervisory experience requirements of this section if 
the Manager of the Air Transportation Division, AFS-200, or the Manager 
of the Aircraft Maintenance Division, AFS-300, as appropriate, finds 
that the person has comparable experience, and can effectively perform 
the functions associated with the position in accordance with the 
requirements of this chapter and the procedures outlined in the 
certificate holder's manual. Grants of deviation under this paragraph 
may be granted after consideration of the size and scope of the 
operation and the qualifications of the intended personnel. The 
Administrator may, at any time, terminate any grant of deviation 
authority issued under this paragraph.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 
61 FR 30434, June 14, 1996; Amdt. 119-3, 62 FR 13255, Mar. 19, 1997]



Sec. 119.69  Management personnel required for operations conducted
under part 135 of this chapter.

    (a) Each certificate holder must have sufficient qualified 
management and technical personnel to ensure the safety of its 
operations. Except for a certificate holder using only one pilot in its 
operations, the certificate holder must have qualified personnel serving 
in the following or equivalent positions:
    (1) Director of Operations.
    (2) Chief Pilot.
    (3) Director of Maintenance.
    (b) The Administrator may approve positions or numbers of positions 
other than those listed in paragraph (a) of this section for a 
particular operation if the certificate holder shows that it can perform 
the operation with the highest degree of safety under the direction of 
fewer or different categories of management personnel due to--
    (1) The kind of operation involved;
    (2) The number and type of aircraft used; and
    (3) The area of operations.
    (c) The title of the positions required under paragraph (a) of this 
section or the title and number of equivalent positions approved under 
paragraph (b) of this section shall be set forth in the certificate 
holder's operations specifications.
    (d) The individuals who serve in the positions required or approved 
under paragraph (a) or (b) of this section and anyone in a position to 
exercise control over operations conducted under the operating 
certificate must--
    (1) Be qualified through training, experience, and expertise;
    (2) To the extent of their responsibilities, have a full 
understanding of the following material with respect to the certificate 
holder's operation--
    (i) Aviation safety standards and safe operating practices;
    (ii) 14 CFR Chapter I (Federal Aviation Regulations);
    (iii) The certificate holder's operations specifications;
    (iv) All appropriate maintenance and airworthiness requirements of 
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 135 of 
this chapter); and
    (v) The manual required by Sec. 135.21 of this chapter; and
    (3) Discharge their duties to meet applicable legal requirements and 
to maintain safe operations.
    (e) Each certificate holder must--
    (1) State in the general policy provisions of the manual required by 
Sec. 135.21 of this chapter, the duties, responsibilities, and 
authority of personnel required or approved under paragraph (a) or (b), 
respectively, of this section;
    (2) List in the manual the names and business addresses of the 
individuals assigned to those positions; and
    (3) Notify the certificate-holding district office within 10 days of 
any change in personnel or any vacancy in any position listed.



Sec. 119.71  Management personnel: Qualifications for operations 
conducted under part 135 of this chapter.

    (a) To serve as Director of Operations under Sec. 119.69(a) for a 
certificate holder conducting any operations for which the pilot in 
command is required to hold an airline transport pilot certificate a 
person must hold an airline transport pilot certificate and either:

[[Page 25]]

    (1) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational control 
over any operations conducted under part 121 or part 135 of this 
chapter; or
    (2) In the case of a person becoming Director of Operations--
    (i) For the first time ever, have at least 3 years experience, 
within the past 6 years, as pilot in command of an aircraft operated 
under part 121 or part 135 of this chapter.
    (ii) In the case of a person with previous experience as a Director 
of Operations, have at least 3 years experience, as pilot in command of 
an aircraft operated under part 121 or part 135 of this chapter.
    (b) To serve as Director of Operations under Sec. 119.69(a) for a 
certificate holder that only conducts operations for which the pilot in 
command is required to hold a commercial pilot certificate, a person 
must hold at least a commercial pilot certificate. If an instrument 
rating is required for any pilot in command for that certificate holder, 
the Director of Operations must also hold an instrument rating. In 
addition, the Director of Operations must either--
    (1) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational control 
over any operations conducted under part 121 or part 135 of this 
chapter; or
    (2) In the case of a person becoming Director of Operations--
    (i) For the first time ever, have at least 3 years experience, 
within the past 6 years, as pilot in command of an aircraft operated 
under part 121 or part 135 of this chapter.
    (ii) In the case of a person with previous experience as a Director 
of Operations, have at least 3 years experience as pilot in command of 
an aircraft operated under part 121 or part 135 of this chapter.
    (c) To serve as Chief Pilot under Sec. 119.69(a) for a certificate 
holder conducting any operation for which the pilot in command is 
required to hold an airline transport pilot certificate a person must 
hold an airline transport pilot certificate with appropriate ratings and 
be qualified to serve as pilot in command in at least one aircraft used 
in the certificate holder's operation and:
    (1) In the case of a person becoming a Chief Pilot for the first 
time ever, have at least 3 years experience, within the past 6 years, as 
pilot in command of an aircraft operated under part 121 or part 135 of 
this chapter.
    (2) In the case of a person with previous experience as a Chief 
Pilot, have at least 3 years experience as pilot in command of an 
aircraft operated under part 121 or part 135 of this chapter.
    (d) To serve as Chief Pilot under Sec. 119.69(a) for a certificate 
holder that only conducts operations for which the pilot in command is 
required to hold a commercial pilot certificate, a person must hold at 
least a commercial pilot certificate. If an instrument rating is 
required for any pilot in command for that certificate holder, the Chief 
Pilot must also hold an instrument rating. The Chief Pilot must be 
qualified to serve as pilot in command in at least one aircraft used in 
the certificate holder's operation. In addition, the Chief Pilot must:
    (1) In the case of a person becoming a Chief Pilot for the first 
time ever, have at least 3 years experience, within the past 6 years, as 
pilot in command of an aircraft operated under part 121 or part 135 of 
this chapter.
    (2) In the case of a person with previous experience as a Chief 
Pilot, have at least 3 years experience as pilot in command of an 
aircraft operated under part 121 or part 135 of this chapter.
    (e) To serve as Director of Maintenance under Sec. 119.69(a) a 
person must hold a mechanic certificate with airframe and powerplant 
ratings and either:
    (1) Have 3 years of experience within the past 6 years maintaining 
aircraft as a certificated mechanic, including, at the time of 
appointment as Director of Maintenance, experience in maintaining the 
same category and class of aircraft as the certificate holder uses; or
    (2) Have 3 years of experience within the past 6 years repairing 
aircraft in a certificated airframe repair station, including 1 year in 
the capacity of approving aircraft for return to service.
    (f) A certificate holder may request a deviation to employ a person 
who does

[[Page 26]]

not meet the appropriate airmen experience requirements, managerial 
experience requirements, or supervisory experience requirements of this 
section if the Manager of the Air Transportation Division, AFS-200, or 
the Manager of the Aircraft Maintenance Division, AFS-300, as 
appropriate, find that the person has comparable experience, and can 
effectively perform the functions associated with the position in 
accordance with the requirements of this chapter and the procedures 
outlined in the certificate holder's manual. The Administrator may, at 
any time, terminate any grant of deviation authority issued under this 
paragraph.

[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 
62 FR 13255, Mar. 19, 1997; Amdt. 119-12, 72 FR 54816, Sept. 27, 2007]



Sec. 119.73  Employment of former FAA employees.

    (a) Except as specified in paragraph (c) of this section, no 
certificate holder conducting operations under part 121 or 135 of this 
chapter may knowingly employ or make a contractual arrangement which 
permits an individual to act as an agent or representative of the 
certificate holder in any matter before the Federal Aviation 
Administration if the individual, in the preceding 2 years--
    (1) Served as, or was directly responsible for the oversight of, a 
Flight Standards Service aviation safety inspector; and
    (2) Had direct responsibility to inspect, or oversee the inspection 
of, the operations of the certificate holder.
    (b) For the purpose of this section, an individual shall be 
considered to be acting as an agent or representative of a certificate 
holder in a matter before the agency if the individual makes any written 
or oral communication on behalf of the certificate holder to the agency 
(or any of its officers or employees) in connection with a particular 
matter, whether or not involving a specific party and without regard to 
whether the individual has participated in, or had responsibility for, 
the particular matter while serving as a Flight Standards Service 
aviation safety inspector.
    (c) The provisions of this section do not prohibit a certificate 
holder from knowingly employing or making a contractual arrangement 
which permits an individual to act as an agent or representative of the 
certificate holder in any matter before the Federal Aviation 
Administration if the individual was employed by the certificate holder 
before October 21, 2011.

[Doc. No. FAA-2008-1154, 76 FR 52235, Aug. 22, 2011]



PART 120_DRUG AND ALCOHOL TESTING PROGRAM--Table of Contents



                            Subpart A_General

Sec.
120.1 Applicability.
120.3 Purpose.
120.5 Procedures.
120.7 Definitions.

      Subpart B_Individuals Certificated Under Parts 61, 63, and 65

120.11 Refusal to submit to a drug or alcohol test by a Part 61 
          certificate holder.
120.13 Refusal to submit to a drug or alcohol test by a Part 63 
          certificate holder.
120.15 Refusal to submit to a drug or alcohol test by a Part 65 
          certificate holder.

                    Subpart C_Air Traffic Controllers

120.17 Use of prohibited drugs.
120.19 Misuse of alcohol.
120.21 Testing for alcohol.

Subpart D_Part 119 Certificate Holders Authorized To Conduct Operations 
Under Part 121 or Part 135 or Operators Under   91.147 of This Chapter 
                     and Safety-Sensitive Employees

120.31 Prohibited drugs.
120.33 Use of prohibited drugs.
120.35 Testing for prohibited drugs.
120.37 Misuse of alcohol.
120.39 Testing for alcohol.

               Subpart E_Drug Testing Program Requirements

120.101 Scope.
120.103 General.
120.105 Employees who must be tested.
120.107 Substances for which testing must be conducted.
120.109 Types of drug testing required.
120.111 Administrative and other matters.
120.113 Medical Review Officer, Substance Abuse Professional, and 
          employer responsibilities.
120.115 Employee Assistance Program (EAP).

[[Page 27]]

120.117 Implementing a drug testing program.
120.119 Annual reports.
120.121 Preemption.
120.123 Drug testing outside of the territory of the United States.
120.125 Waivers from 49 CFR 40.21.

             Subpart F_Alcohol Testing Program Requirements

120.201 Scope.
120.203 General.
120.205 Preemption of State and local laws.
120.207 Other requirements imposed by employers.
120.209 Requirement for notice.
120.211 Applicable Federal regulations.
120.213 Falsification.
120.215 Covered employees.
120.217 Tests required.
120.219 Handling of test results, record retention, and confidentiality.
120.221 Consequences for employees engaging in alcohol-related conduct.
120.223 Alcohol misuse information, training, and substance abuse 
          professionals.
120.225 How to implement an alcohol testing program.
120.227 Employees located outside the U.S.

    Authority: 49 U.S.C. 106(g), 40101-40103, 40113, 40120, 41706, 
41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105, 
46105, 46306.

    Source: Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, unless 
otherwise noted.



                            Subpart A_General



Sec. 120.1  Applicability.

    This part applies to the following persons:
    (a) All air carriers and operators certificated under part 119 of 
this chapter authorized to conduct operations under part 121 or part 135 
of this chapter, all air traffic control facilities not operated by the 
FAA or by or under contract to the U.S. military; and all operators as 
defined in 14 CFR 91.147.
    (b) All individuals who perform, either directly or by contract, a 
safety-sensitive function listed in subpart E or subpart F of this part.
    (c) All part 145 certificate holders who perform safety-sensitive 
functions and elect to implement a drug and alcohol testing program 
under this part.
    (d) All contractors who elect to implement a drug and alcohol 
testing program under this part.



Sec. 120.3  Purpose.

    The purpose of this part is to establish a program designed to help 
prevent accidents and injuries resulting from the use of prohibited 
drugs or the misuse of alcohol by employees who perform safety-sensitive 
functions in aviation.



Sec. 120.5  Procedures.

    Each employer having a drug and alcohol testing program under this 
part must ensure that all drug and alcohol testing conducted pursuant to 
this part complies with the procedures set forth in 49 CFR part 40.



Sec. 120.7  Definitions.

    For the purposes of this part, the following definitions apply:
    (a) Accident means an occurrence associated with the operation of an 
aircraft which takes place between the time any individual boards the 
aircraft with the intention of flight and all such individuals have 
disembarked, and in which any individual suffers death or serious 
injury, or in which the aircraft receives substantial damage.
    (b) Alcohol means the intoxicating agent in beverage alcohol, ethyl 
alcohol, or other low molecular weight alcohols, including methyl or 
isopropyl alcohol.
    (c) Alcohol concentration (or content) means the alcohol in a volume 
of breath expressed in terms of grams of alcohol per 210 liters of 
breath as indicated by an evidential breath test under subpart F of this 
part.
    (d) Alcohol use means the consumption of any beverage, mixture, or 
preparation, including any medication, containing alcohol.
    (e) Contractor is an individual or company that performs a safety-
sensitive function by contract for an employer or another contractor.
    (f) Covered employee means an individual who performs, either 
directly or by contract, a safety-sensitive function listed in 
Sec. Sec. 120.105 and 120.215 for an employer (as defined in paragraph 
(i) of this section). For purposes of pre-employment testing only, the 
term ``covered employee'' includes an individual applying to perform a 
safety-sensitive function.

[[Page 28]]

    (g) DOT agency means an agency (or ``operating administration'') of 
the United States Department of Transportation administering regulations 
requiring drug and alcohol testing (14 CFR parts 61, 65, 121, and 135; 
46 CFR part 16; 49 CFR parts 199, 219, and 382) in accordance with 49 
CFR part 40.
    (h) Employee is an individual who is hired, either directly or by 
contract, to perform a safety-sensitive function for an employer, as 
defined in paragraph (i) of this section. An employee is also an 
individual who transfers into a position to perform a safety-sensitive 
function for an employer.
    (i) Employer is a part 119 certificate holder with authority to 
operate under parts 121 and/or 135 of this chapter, an operator as 
defined in Sec. 91.147 of this chapter, or an air traffic control 
facility not operated by the FAA or by or under contract to the U.S. 
Military. An employer may use a contract employee who is not included 
under that employer's FAA-mandated drug and alcohol testing program to 
perform a safety-sensitive function only if that contract employee is 
included under the contractor's FAA-mandated drug and alcohol testing 
program and is performing a safety-sensitive function on behalf of that 
contractor (i.e., within the scope of employment with the contractor.)
    (j) Hire means retaining an individual for a safety-sensitive 
function as a paid employee, as a volunteer, or through barter or other 
form of compensation.
    (k) Performing (a safety-sensitive function): an employee is 
considered to be performing a safety-sensitive function during any 
period in which he or she is actually performing, ready to perform, or 
immediately available to perform such function.
    (l) Positive rate for random drug testing means the number of 
verified positive results for random drug tests conducted under subpart 
E of this part, plus the number of refusals of random drug tests 
required by subpart E of this part, divided by the total number of 
random drug test results (i.e., positives, negatives, and refusals) 
under subpart E of this part.
    (m) Prohibited drug means marijuana, cocaine, opiates, phencyclidine 
(PCP), and amphetamines, as specified in 49 CFR 40.85.
    (n) Refusal to submit to alcohol test means that a covered employee 
has engaged in conduct including but not limited to that described in 49 
CFR 40.261, or has failed to remain readily available for post-accident 
testing as required by subpart F of this part.
    (o) Refusal to submit to drug test means that an employee engages in 
conduct including but not limited to that described in 49 CFR 40.191.
    (p) Safety-sensitive function means a function listed in Sec. Sec. 
120.105 and 120.215.
    (q) Verified negative drug test result means a drug test result from 
an HHS-certified laboratory that has undergone review by an MRO and has 
been determined by the MRO to be a negative result.
    (r) Verified positive drug test result means a drug test result from 
an HHS-certified laboratory that has undergone review by an MRO and has 
been determined by the MRO to be a positive result.
    (s) Violation rate for random alcohol testing means the number of 
0.04, and above, random alcohol confirmation test results conducted 
under subpart F of this part, plus the number of refusals of random 
alcohol tests required by subpart F of this part, divided by the total 
number of random alcohol screening tests (including refusals) conducted 
under subpart F of this part.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3153, Jan. 20, 2010]



      Subpart B_Individuals Certificated Under Parts 61, 63, and 65



Sec. 120.11  Refusal to submit to a drug or alcohol test by a Part 61 
certificate holder.

    (a) This section applies to all individuals who hold a certificate 
under part 61 of this chapter and who are subject to drug and alcohol 
testing under this part.
    (b) Refusal by the holder of a certificate issued under part 61 of 
this chapter to take a drug or alcohol test required under the 
provisions of this part is grounds for:
    (1) Denial of an application for any certificate, rating, or 
authorization issued under part 61 of this chapter for

[[Page 29]]

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 part 61 of this chapter.



Sec. 120.13  Refusal to submit to a drug or alcohol test by a Part 63
certificate holder.

    (a) This section applies to all individuals who hold a certificate 
under part 63 of this chapter and who are subject to drug and alcohol 
testing under this part.
    (b) Refusal by the holder of a certificate issued under part 63 of 
this chapter to take a drug or alcohol test required under the 
provisions of this part is grounds for:
    (1) Denial of an application for any certificate or rating issued 
under part 63 of this chapter 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 part 63 of this chapter.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3153, Jan. 20, 2010]



Sec. 120.15  Refusal to submit to a drug or alcohol test by a Part 65
certificate holder.

    (a) This section applies to all individuals who hold a certificate 
under part 65 of this chapter and who are subject to drug and alcohol 
testing under this part.
    (b) Refusal by the holder of a certificate issued under part 65 of 
this chapter to take a drug or alcohol test required under the 
provisions of this part is grounds for:
    (1) Denial of an application for any certificate or rating issued 
under part 65 of this chapter 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 part 65 of this chapter.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3153, Jan. 20, 2010]



                    Subpart C_Air Traffic Controllers



Sec. 120.17  Use of prohibited drugs.

    (a) Each employer shall provide each employee performing a function 
listed in subpart E of this part, and his or her supervisor, with the 
training specified in that subpart. 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 
subpart E of this part.
    (b) No employer may knowingly use any individual to perform, nor may 
any individual perform for an employer, either directly or by contract, 
any air traffic control function while that individual has a prohibited 
drug, as defined in this part, in his or her system.
    (c) No employer shall knowingly use any individual to perform, nor 
may any individual perform for an employer, either directly or by 
contract, any air traffic control function if the individual has a 
verified positive drug test result on, or has refused to submit to, a 
drug test required by subpart E of this part and the individual has not 
met the requirements of subpart E of this part for returning to the 
performance of safety-sensitive duties.
    (d) Each employer shall test each of its employees who perform any 
air traffic control function in accordance with subpart E of this part. 
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 subpart E of this part.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3153, Jan. 20, 2010]



Sec. 120.19  Misuse of alcohol.

    (a) This section applies to covered 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 US 
military.
    (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

[[Page 30]]

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 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 subpart F of this part 
or the employer has determined that the employee's performance could not 
have contributed to the accident.
    (f) Refusal to submit to a required alcohol test. A covered employee 
may not refuse to submit to any alcohol test required under subpart F of 
this part. An employer may not permit an employee who refuses to submit 
to such a test to perform or continue to perform safety-sensitive 
functions.



Sec. 120.21  Testing for alcohol.

    (a) Each air traffic control facility not operated by the FAA or the 
U.S. military must establish an alcohol testing program in accordance 
with the provisions of subpart F of this part.
    (b) No employer shall use any individual who meets the definition of 
covered employee in subpart A of this part to perform a safety-sensitive 
function listed in subpart F of this part unless that individual is 
subject to testing for alcohol misuse in accordance with the provisions 
of that subpart.



Subpart D_Part 119 Certificate Holders Authorized To Conduct Operations 
under Part 121 or Part 135 or Operators Under   91.147 of This Chapter 
                     and Safety-Sensitive Employees



Sec. 120.31  Prohibited drugs.

    (a) Each certificate holder or operator shall provide each employee 
performing a function listed in subpart E of this part, and his or her 
supervisor, with the training specified in that subpart.
    (b) No certificate holder or operator may use any contractor to 
perform a function listed in subpart E of this part unless that 
contractor provides each of its employees performing that function for 
the certificate holder or operator, and his or her supervisor, with the 
training specified in that subpart.



Sec. 120.33  Use of prohibited drugs.

    (a) This section applies to individuals who perform a function 
listed in subpart E of this part for a certificate holder or operator. 
For the purpose of this section, an individual who performs such a 
function pursuant to a contract with the certificate holder or the 
operator is considered to be performing that function for the 
certificate holder or the operator.
    (b) No certificate holder or operator may knowingly use any 
individual to perform, nor may any individual perform for a certificate 
holder or an operator, either directly or by contract, any function 
listed in subpart E of this part while that individual has a prohibited 
drug, as defined in this part, in his or her system.
    (c) No certificate holder or operator shall knowingly use any 
individual to perform, nor shall any individual perform for a 
certificate holder or operator, either directly or by contract, any 
safety-sensitive function if that individual has a verified positive 
drug test result on, or has refused to submit to, a drug test required 
by subpart E of this part and the individual has not met the 
requirements of that subpart

[[Page 31]]

for returning to the performance of safety-sensitive duties.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3153, Jan. 20, 2010]



Sec. 120.35  Testing for prohibited drugs.

    (a) Each certificate holder or operator shall test each of its 
employees who perform a function listed in subpart E of this part in 
accordance with that subpart.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder or operator may use any contractor to perform a 
function listed in subpart E of this part unless that contractor tests 
each employee performing such a function for the certificate holder or 
operator in accordance with that subpart.
    (c) If a certificate holder conducts an on-demand operation into an 
airport at which no maintenance providers are available that are subject 
to the requirements of subpart E of this part and emergency maintenance 
is required, the certificate holder may use individuals not meeting the 
requirements of paragraph (b) of this section to provide such emergency 
maintenance under both of the following conditions:
    (1) The certificate holder must give written notification of the 
emergency maintenance to the Drug Abatement Program Division, AAM-800, 
800 Independence Avenue, SW., Washington, DC 20591, within 10 days after 
being provided same in accordance with this paragraph. A certificate 
holder must retain copies of all such written notifications for two 
years.
    (2) The aircraft must be reinspected by maintenance personnel who 
meet the requirements of paragraph (b) of this section when the aircraft 
is next at an airport where such maintenance personnel are available.
    (d) For purposes of this section, emergency maintenance means 
maintenance that--
    (1) Is not scheduled and
    (2) Is made necessary by an aircraft condition not discovered prior 
to the departure for that location.



Sec. 120.37  Misuse of alcohol.

    (a) General. This section applies to covered employees who perform a 
function listed in subpart F of this part for a certificate holder. For 
the purpose of this section, an individual who meets the definition of 
covered employee in subpart F of this part is considered to be 
performing the function for the certificate holder.
    (b) Alcohol concentration. No covered employee shall report for duty 
or remain on duty requiring the performance of safety-sensitive 
functions while having an alcohol concentration of 0.04 or greater. No 
certificate holder having actual knowledge that an employee has an 
alcohol concentration of 0.04 or greater shall permit the employee to 
perform or continue to perform safety-sensitive functions.
    (c) On-duty use. No covered employee shall use alcohol while 
performing safety-sensitive functions. No certificate holder having 
actual knowledge that a covered employee is using alcohol while 
performing safety-sensitive functions shall permit the employee to 
perform or continue to perform safety-sensitive functions.
    (d) Pre-duty use. (1) No covered employee shall perform flight 
crewmember or flight attendant duties within 8 hours after using 
alcohol. No certificate holder having actual knowledge that such an 
employee has used alcohol within 8 hours shall permit the employee to 
perform or continue to perform the specified duties.
    (2) No covered employee shall perform safety-sensitive duties other 
than those specified in paragraph (d)(1) of this section within 4 hours 
after using alcohol. No certificate holder having actual knowledge that 
such an employee has used alcohol within 4 hours shall permit the 
employee to perform or to continue to perform safety-sensitive 
functions.
    (e) Use following an accident. No covered employee who has actual 
knowledge of an accident involving an aircraft for which he or she 
performed a safety-sensitive function at or near the time of the 
accident shall use alcohol for 8 hours following the accident, unless he 
or she has been given a post-accident test under subpart F of this part, 
or the employer has determined that the employee's performance could not 
have contributed to the accident.

[[Page 32]]

    (f) Refusal to submit to a required alcohol test. A covered employee 
must not refuse to submit to any alcohol test required under subpart F 
of this part. A certificate holder must not permit an employee who 
refuses to submit to such a test to perform or continue to perform 
safety-sensitive functions.



Sec. 120.39  Testing for alcohol.

    (a) Each certificate holder must establish an alcohol testing 
program in accordance with the provisions of subpart F of this part.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder or operator may use any individual who meets the 
definition of covered employee in subpart A of this part to perform a 
safety-sensitive function listed in that subpart F of this part unless 
that individual is subject to testing for alcohol misuse in accordance 
with the provisions of that subpart.
    (c) If a certificate holder conducts an on-demand operation into an 
airport at which no maintenance providers are available that are subject 
to the requirements of subpart F of this part and emergency maintenance 
is required, the certificate holder may use individuals not meeting the 
requirements of paragraph (b) of this section to provide such emergency 
maintenance under both of the following conditions:
    (1) The certificate holder must give written notification of the 
emergency maintenance to the Drug Abatement Program Division, AAM-800, 
800 Independence Avenue, SW., Washington, DC 20591, within 10 days after 
being provided same in accordance with this paragraph. A certificate 
holder must retain copies of all such written notifications for two 
years.
    (2) The aircraft must be reinspected by maintenance personnel who 
meet the requirements of paragraph (b) of this section when the aircraft 
is next at an airport where such maintenance personnel are available.
    (d) For purposes of this section, emergency maintenance means 
maintenance that--
    (1) Is not scheduled and
    (2) Is made necessary by an aircraft condition not discovered prior 
to the departure for that location.



               Subpart E_Drug Testing Program Requirements



Sec. 120.101  Scope.

    This subpart contains the standards and components that must be 
included in a drug testing program required by this part.



Sec. 120.103  General.

    (a) Purpose. The purpose of this subpart is to establish a program 
designed to help prevent accidents and injuries resulting from the use 
of prohibited drugs by employees who perform safety-sensitive functions.
    (b) DOT procedures. (1) Each employer shall ensure that drug testing 
programs conducted pursuant to 14 CFR parts 65, 91, 121, and 135 comply 
with the requirements of this subpart and the ``Procedures for 
Transportation Workplace Drug Testing Programs'' published by the 
Department of Transportation (DOT) (49 CFR part 40).
    (2) An employer may not use or contract with any drug testing 
laboratory that is not certified by the Department of Health and Human 
Services (HHS) under the National Laboratory Certification Program.
    (c) Employer responsibility. As an employer, you are responsible for 
all actions of your officials, representatives, and service agents in 
carrying out the requirements of this subpart and 49 CFR part 40.
    (d) Applicable Federal Regulations. The following applicable 
regulations appear in 49 CFR or 14 CFR:
    (1) 49 CFR Part 40--Procedures for Transportation Workplace Drug 
Testing Programs
    (2) 14 CFR:
    (i) Sec. 67.107--First-Class Airman Medical Certificate, Mental.
    (ii) Sec. 67.207--Second-Class Airman Medical Certificate, Mental.
    (iii) Sec. 67.307--Third-Class Airman Medical Certificate, Mental.
    (iv) Sec. 91.147--Passenger carrying flight for compensation or 
hire.
    (v) Sec. 135.1--Applicability
    (e) Falsification. No individual may make, or cause to be made, any 
of the following:
    (1) Any fraudulent or intentionally false statement in any 
application of a drug testing program.

[[Page 33]]

    (2) Any fraudulent or intentionally false entry in any record or 
report that is made, kept, or used to show compliance with this part.
    (3) Any reproduction or alteration, for fraudulent purposes, of any 
report or record required to be kept by this part.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3153, Jan. 20, 2010]



Sec. 120.105  Employees who must be tested.

    Each employee, including any assistant, helper, or individual in a 
training status, who performs a safety-sensitive function listed in this 
section directly or by contract (including by subcontract at any tier) 
for an employer as defined in this subpart must be subject to drug 
testing under a drug testing program implemented in accordance with this 
subpart. This includes full-time, part-time, temporary, and intermittent 
employees regardless of the degree of supervision. The safety-sensitive 
functions are:
    (a) Flight crewmember duties.
    (b) Flight attendant duties.
    (c) Flight instruction duties.
    (d) Aircraft dispatcher duties.
    (e) Aircraft maintenance and preventive maintenance duties.
    (f) Ground security coordinator duties.
    (g) Aviation screening duties.
    (h) Air traffic control duties.



Sec. 120.107  Substances for which testing must be conducted.

    Each employer shall test each employee who performs a safety-
sensitive function for evidence of marijuana, cocaine, opiates, 
phencyclidine (PCP), and amphetamines during each test required by Sec. 
120.109.



Sec. 120.109  Types of drug testing required.

    Each employer shall conduct the types of testing described in this 
section in accordance with the procedures set forth in this subpart and 
the DOT ``Procedures for Transportation Workplace Drug Testing 
Programs'' (49 CFR part 40).
    (a) Pre-employment drug testing. (1) No employer may hire any 
individual for a safety-sensitive function listed in Sec. 120.105 
unless the employer first conducts a pre-employment test and receives a 
verified negative drug test result for that individual.
    (2) No employer may allow an individual to transfer from a 
nonsafety-sensitive to a safety-sensitive function unless the employer 
first conducts a pre-employment test and receives a verified negative 
drug test result for the individual.
    (3) Employers must conduct another pre-employment test and receive a 
verified negative drug test result before hiring or transferring an 
individual into a safety-sensitive function if more than 180 days elapse 
between conducting the pre-employment test required by paragraphs (a)(1) 
or (2) of this section and hiring or transferring the individual into a 
safety-sensitive function, resulting in that individual being brought 
under an FAA drug testing program.
    (4) If the following criteria are met, an employer is permitted to 
conduct a pre-employment test, and if such a test is conducted, the 
employer must receive a negative test result before putting the 
individual into a safety-sensitive function:
    (i) The individual previously performed a safety-sensitive function 
for the employer and the employer is not required to pre-employment test 
the individual under paragraphs (a)(1) or (2) of this section before 
putting the individual to work in a safety-sensitive function;
    (ii) The employer removed the individual from the employer's random 
testing program conducted under this subpart for reasons other than a 
verified positive test result on an FAA-mandated drug test or a refusal 
to submit to such testing; and
    (iii) The individual will be returning to the performance of a 
safety-sensitive function.
    (5) Before hiring or transferring an individual to a safety-
sensitive function, the employer must advise each individual that the 
individual will be required to undergo pre-employment testing in 
accordance with this subpart, to determine the presence of marijuana, 
cocaine, opiates, phencyclidine (PCP), and amphetamines, or a metabolite 
of those drugs

[[Page 34]]

in the individual's system. The employer shall provide this same 
notification to each individual required by the employer to undergo pre-
employment testing under paragraph (a)(4) of this section.
    (b) Random drug testing. (1) Except as provided in paragraphs (b)(2) 
through (b)(4) of this section, the minimum annual percentage rate for 
random drug testing shall be 50 percent of covered employees.
    (2) The Administrator's decision to increase or decrease the minimum 
annual percentage rate for random drug testing is based on the reported 
positive rate for the entire industry. All information used for this 
determination is drawn from the statistical reports required by Sec. 
120.119. In order to ensure reliability of the data, the Administrator 
considers the quality and completeness of the reported data, may obtain 
additional information or reports from employers, and may make 
appropriate modifications in calculating the industry positive rate. 
Each year, the Administrator will publish in the Federal Register the 
minimum annual percentage rate for random drug testing of covered 
employees. The new minimum annual percentage rate for random drug 
testing will be applicable starting January 1 of the calendar year 
following publication.
    (3) When the minimum annual percentage rate for random drug testing 
is 50 percent, the Administrator may lower this rate to 25 percent of 
all covered employees if the Administrator determines that the data 
received under the reporting requirements of this subpart for two 
consecutive calendar years indicate that the reported positive rate is 
less than 1.0 percent.
    (4) When the minimum annual percentage rate for random drug testing 
is 25 percent, and the data received under the reporting requirements of 
this subpart for any calendar year indicate that the reported positive 
rate is equal to or greater than 1.0 percent, the Administrator will 
increase the minimum annual percentage rate for random drug testing to 
50 percent of all covered employees.
    (5) The selection of employees for random drug testing shall be made 
by a scientifically valid method, such as a random-number table or a 
computer-based random number generator that is matched with employees' 
Social Security numbers, payroll identification numbers, or other 
comparable identifying numbers. Under the selection process used, each 
covered employee shall have an equal chance of being tested each time 
selections are made.
    (6) As an employer, you must select and test a percentage of 
employees at least equal to the minimum annual percentage rate each 
year.
    (i) As an employer, to determine whether you have met the minimum 
annual percentage rate, you must divide the number of random testing 
results for safety-sensitive employees by the average number of safety-
sensitive employees eligible for random testing.
    (A) To calculate whether you have met the annual minimum percentage 
rate, count all random positives, random negatives, and random refusals 
as your ``random testing results.''
    (B) To calculate the average number of safety-sensitive employees 
eligible for random testing throughout the year, add the total number of 
safety-sensitive employees eligible for testing during each random 
testing period for the year and divide that total by the number of 
random testing periods. Only safety-sensitive employees are to be in an 
employer's random testing pool, and all safety-sensitive employees must 
be in the random pool. If you are an employer conducting random testing 
more often than once per month (e.g., you select daily, weekly, bi-
weekly) you do not need to compute this total number of safety-sensitive 
employees more than on a once per month basis.
    (ii) As an employer, you may use a service agent to perform random 
selections for you, and your safety-sensitive employees may be part of a 
larger random testing pool of safety-sensitive employees. However, you 
must ensure that the service agent you use is testing at the appropriate 
percentage established for your industry and that only safety-sensitive 
employees are in the random testing pool. For example:
    (A) If the service agent has your employees in a random testing pool 
for your company alone, you must ensure that the testing is conducted at 
least

[[Page 35]]

at the minimum annual percentage rate under this part.
    (B) If the service agent has your employees in a random testing pool 
combined with other FAA-regulated companies, you must ensure that the 
testing is conducted at least at the minimum annual percentage rate 
under this part.
    (C) If the service agent has your employees in a random testing pool 
combined with other DOT-regulated companies, you must ensure that the 
testing is conducted at least at the highest rate required for any DOT-
regulated company in the pool.
    (7) Each employer shall ensure that random drug tests conducted 
under this subpart are unannounced and that the dates for administering 
random tests are spread reasonably throughout the calendar year.
    (8) Each employer shall require that each safety-sensitive employee 
who is notified of selection for random drug testing proceeds to the 
collection site immediately; provided, however, that if the employee is 
performing a safety-sensitive function at the time of the notification, 
the employer shall instead ensure that the employee ceases to perform 
the safety-sensitive function and proceeds to the collection site as 
soon as possible.
    (9) If a given covered employee is subject to random drug testing 
under the drug testing rules of more than one DOT agency, the employee 
shall be subject to random drug testing at the percentage rate 
established for the calendar year by the DOT agency regulating more than 
50 percent of the employee's function.
    (10) If an employer is required to conduct random drug testing under 
the drug testing rules of more than one DOT agency, the employer may--
    (i) Establish separate pools for random selection, with each pool 
containing the covered employees who are subject to testing at the same 
required rate; or
    (ii) Randomly select covered employees for testing at the highest 
percentage rate established for the calendar year by any DOT agency to 
which the employer is subject.
    (11) An employer required to conduct random drug testing under the 
anti-drug rules of more than one DOT agency shall provide each such 
agency access to the employer's records of random drug testing, as 
determined to be necessary by the agency to ensure the employer's 
compliance with the rule.
    (c) Post-accident drug testing. Each employer shall test each 
employee who performs a safety-sensitive function for the presence of 
marijuana, cocaine, opiates, phencyclidine (PCP), and amphetamines, or a 
metabolite of those drugs in the employee's system if that employee's 
performance either contributed to an accident or can not be completely 
discounted as a contributing factor to the accident. The employee shall 
be tested as soon as possible but not later than 32 hours after the 
accident. The decision not to administer a test under this section must 
be based on a determination, using the best information available at the 
time of the determination, that the employee's performance could not 
have contributed to the accident. The employee shall submit to post-
accident testing under this section.
    (d) Drug testing based on reasonable cause. Each employer must test 
each employee who performs a safety-sensitive function and who is 
reasonably suspected of having used a prohibited drug. The decision to 
test must be based on a reasonable and articulable belief that the 
employee is using a prohibited drug on the basis of specific 
contemporaneous physical, behavioral, or performance indicators of 
probable drug use. At least two of the employee's supervisors, one of 
whom is trained in detection of the symptoms of possible drug use, must 
substantiate and concur in the decision to test an employee who is 
reasonably suspected of drug use; except that in the case of an 
employer, other than a part 121 certificate holder, who employs 50 or 
fewer employees who perform safety-sensitive functions, one supervisor 
who is trained in detection of symptoms of possible drug use must 
substantiate the decision to test an employee who is reasonably 
suspected of drug use.
    (e) Return to duty drug testing. Each employer shall ensure that 
before an individual is returned to duty to perform a safety-sensitive 
function after

[[Page 36]]

refusing to submit to a drug test required by this subpart or receiving 
a verified positive drug test result on a test conducted under this 
subpart the individual shall undergo a return-to-duty drug test. No 
employer shall allow an individual required to undergo return-to-duty 
testing to perform a safety-sensitive function unless the employer has 
received a verified negative drug test result for the individual. The 
test cannot occur until after the SAP has determined that the employee 
has successfully complied with the prescribed education and/or 
treatment.
    (f) Follow-up drug testing. (1) Each employer shall implement a 
reasonable program of unannounced testing of each individual who has 
been hired to perform or who has been returned to the performance of a 
safety-sensitive function after refusing to submit to a drug test 
required by this subpart or receiving a verified positive drug test 
result on a test conducted under this subpart.
    (2) The number and frequency of such testing shall be determined by 
the employer's Substance Abuse Professional conducted in accordance with 
the provisions of 49 CFR part 40, but shall consist of at least six 
tests in the first 12 months following the employee's return to duty.
    (3) The employer must direct the employee to undergo testing for 
alcohol in accordance with subpart F of this part, in addition to drugs, 
if the Substance Abuse Professional determines that alcohol testing is 
necessary for the particular employee. Any such alcohol testing shall be 
conducted in accordance with the provisions of 49 CFR part 40.
    (4) Follow-up testing shall not exceed 60 months after the date the 
individual begins to perform or returns to the performance of a safety-
sensitive function. The Substance Abuse Professional may terminate the 
requirement for follow-up testing at any time after the first six tests 
have been conducted, if the Substance Abuse Professional determines that 
such testing is no longer necessary.



Sec. 120.111  Administrative and other matters.

    (a) MRO record retention requirements. (1) Records concerning drug 
tests confirmed positive by the laboratory shall be maintained by the 
MRO for 5 years. Such records include the MRO copies of the custody and 
control form, medical interviews, documentation of the basis for 
verifying as negative test results confirmed as positive by the 
laboratory, any other documentation concerning the MRO's verification 
process.
    (2) Should the employer change MRO's for any reason, the employer 
shall ensure that the former MRO forwards all records maintained 
pursuant to this rule to the new MRO within ten working days of 
receiving notice from the employer of the new MRO's name and address.
    (3) Any employer obtaining MRO services by contract, including a 
contract through a C/TPA, shall ensure that the contract includes a 
recordkeeping provision that is consistent with this paragraph, 
including requirements for transferring records to a new MRO.
    (b) Access to records. The employer and the MRO shall permit the 
Administrator or the Administrator's representative to examine records 
required to be kept under this subpart and 49 CFR part 40. The 
Administrator or the Administrator's representative may require that all 
records maintained by the service agent for the employer must be 
produced at the employer's place of business.
    (c) Release of drug testing information. An employer shall release 
information regarding an employee's drug testing results, evaluation, or 
rehabilitation to a third party in accordance with 49 CFR part 40. 
Except as required by law, this subpart, or 49 CFR part 40, no employer 
shall release employee information.
    (d) Refusal to submit to testing. Each employer must notify the FAA 
within 2 working days of any employee who holds a certificate issued 
under part 61, part 63, or part 65 of this chapter who has refused to 
submit to a drug test required under this subpart. Notification must be 
sent to: Federal Aviation Administration, Office of Aerospace Medicine, 
Drug Abatement Division (AAM-

[[Page 37]]

800), 800 Independence Avenue, SW., Washington, DC 20591, or by fax to 
(202) 267-5200.
    (e) Permanent disqualification from service. (1) An employee who has 
verified positive drug test results on two drug tests required by this 
subpart of this chapter, and conducted after September 19, 1994, is 
permanently precluded from performing for an employer the safety-
sensitive duties the employee performed prior to the second drug test.
    (2) An employee who has engaged in prohibited drug use during the 
performance of a safety-sensitive function after September 19, 1994 is 
permanently precluded from performing that safety-sensitive function for 
an employer.
    (f) DOT management information system annual reports. Copies of any 
annual reports submitted to the FAA under this subpart must be 
maintained by the employer for a minimum of 5 years.



Sec. 120.113  Medical Review Officer, Substance Abuse Professional, 
and Employer Responsibilities.

    (a) The employer shall designate or appoint a Medical Review Officer 
(MRO) who shall be qualified in accordance with 49 CFR part 40 and shall 
perform the functions set forth in 49 CFR part 40 and this subpart. If 
the employer does not have a qualified individual on staff to serve as 
MRO, the employer may contract for the provision of MRO services as part 
of its drug testing program.
    (b) Medical Review Officer (MRO). The MRO must perform the functions 
set forth in subpart G of 49 CFR part 40, and subpart E of this part. 
The MRO shall not delay verification of the primary test result 
following a request for a split specimen test unless such delay is based 
on reasons other than the fact that the split specimen test result is 
pending. If the primary test result is verified as positive, actions 
required under this rule (e.g., notification to the Federal Air Surgeon, 
removal from safety-sensitive position) are not stayed during the 72-
hour request period or pending receipt of the split specimen test 
result.
    (c) Substance Abuse Professional (SAP). The SAP must perform the 
functions set forth in 49 CFR part 40, subpart O.
    (d) Additional Medical Review Officer, Substance Abuse Professional, 
and Employer Responsibilities Regarding 14 CFR part 67 Airman Medical 
Certificate Holders. (1) As part of verifying a confirmed positive test 
result or refusal to submit to a test, the MRO must ask and the 
individual must answer whether he or she holds an airman medical 
certificate issued under 14 CFR part 67 or would be required to hold an 
airman medical certificate to perform a safety-sensitive function for 
the employer. If the individual answers in the affirmative to either 
question, in addition to notifying the employer in accordance with 49 
CFR part 40, the MRO must forward to the Federal Air Surgeon, at the 
address listed in paragraph (d)(5) of this section, the name of the 
individual, along with identifying information and supporting 
documentation, within 2 working days after verifying a positive drug 
test result or refusal to submit to a test.
    (2) During the SAP interview required for a verified positive test 
result or a refusal to submit to a test, the SAP must ask and the 
individual must answer whether he or she holds or would be required to 
hold an airman medical certificate issued under 14 CFR part 67 to 
perform a safety-sensitive function for the employer. If the individual 
answers in the affirmative, the individual must obtain an airman medical 
certificate issued by the Federal Air Surgeon dated after the verified 
positive drug test result date or refusal to test date. After the 
individual obtains this airman medical certificate, the SAP may 
recommend to the employer that the individual may be returned to a 
safety-sensitive position. The receipt of an airman medical certificate 
does not alter any obligations otherwise required by 49 CFR part 40 or 
this subpart.
    (3) An employer must forward to the Federal Air Surgeon within 2 
working days of receipt, copies of all reports provided to the employer 
by a SAP regarding the following:
    (i) An individual who the MRO has reported to the Federal Air 
Surgeon under Sec. 120.113 (d)(1); or

[[Page 38]]

    (ii) An individual who the employer has reported to the Federal Air 
Surgeon under Sec. 120.111(d).
    (4) The employer must not permit an employee who is required to hold 
an airman medical certificate under 14 CFR part 67 to perform a safety-
sensitive duty to resume that duty until the employee has:
    (i) Been issued an airman medical certificate from the Federal Air 
Surgeon after the date of the verified positive drug test result or 
refusal to test; and
    (ii) Met the return to duty requirements in accordance with 49 CFR 
part 40.
    (5) Reports required under this section shall be forwarded to the 
Federal Air Surgeon, Federal Aviation Administration, Office of 
Aerospace Medicine, Attn: Drug Abatement Division (AAM-800), 800 
Independence Avenue, SW., Washington, DC 20591.
    (6) MROs, SAPs, and employers who send reports to the Federal Air 
Surgeon must keep a copy of each report for 5 years.



Sec. 120.115  Employee Assistance Program (EAP).

    (a) The employer shall provide an EAP for employees. The employer 
may establish the EAP as a part of its internal personnel services or 
the employer may contract with an entity that will provide EAP services 
to an employee. Each EAP must include education and training on drug use 
for employees and training for supervisors making determinations for 
testing of employees based on reasonable cause.
    (b) EAP education program. (1) Each EAP education program must 
include at least the following elements:
    (i) Display and distribution of informational material;
    (ii) Display and distribution of a community service hot-line 
telephone number for employee assistance; and
    (iii) Display and distribution of the employer's policy regarding 
drug use in the workplace.
    (2) The employer's policy shall include information regarding the 
consequences under the rule of using drugs while performing safety-
sensitive functions, receiving a verified positive drug test result, or 
refusing to submit to a drug test required under the rule.
    (c) EAP training program. (1) Each employer shall implement a 
reasonable program of initial training for employees. The employee 
training program must include at least the following elements:
    (i) The effects and consequences of drug use on individual health, 
safety, and work environment;
    (ii) The manifestations and behavioral cues that may indicate drug 
use and abuse; and
    (iii) Documentation of training given to employees and employer's 
supervisory personnel.
    (2) The employer's supervisory personnel who will determine when an 
employee is subject to testing based on reasonable cause shall receive 
specific training on specific, contemporaneous physical, behavioral, and 
performance indicators of probable drug use in addition to the training 
specified in Sec. 120.115 (c).
    (3) The employer shall ensure that supervisors who will make 
reasonable cause determinations receive at least 60 minutes of initial 
training.
    (4) The employer shall implement a reasonable recurrent training 
program for supervisory personnel making reasonable cause determinations 
during subsequent years.
    (5) The employer shall identify the employee and supervisor for EAP 
training in the employer's drug testing plan submitted to the FAA for 
approval.



Sec. 120.117  Implementing a drug testing program.

    (a) Each company must meet the requirements of this subpart. Use the 
following chart to determine whether your company must obtain an 
Antidrug and Alcohol Misuse Prevention Program Operations Specification 
or whether you must register with the FAA:

------------------------------------------------------------------------
            If you are . . .                      You must . . .
------------------------------------------------------------------------
(1) A part 119 certificate holder with   Obtain an Antidrug and Alcohol
 authority to operate under parts 121     Misuse Prevention Program
 and/or 135.                              Operations Specification by
                                          contacting your FAA Principal
                                          Operations Inspector.
(2) An operator as defined in Sec. Register with the FAA by
 91.147 of this chapter.                  contacting the Flight
                                          Standards District Office
                                          nearest to your principal
                                          place of business.

[[Page 39]]

 
(3) An air traffic control facility not  Register with the FAA, Office
 operated by the FAA or by or under       of Aerospace Medicine, Drug
 contract to the U.S. Military.           Abatement Division (AAM-800),
                                          800 Independence Avenue, SW.,
                                          Washington, DC 20591.
(4) A part 145 certificate holder who    Obtain an Antidrug and Alcohol
 has your own drug testing program.       Misuse Prevention Program
                                          Operations Specification by
                                          contacting your Principal
                                          Maintenance Inspector or
                                          register with the FAA, Office
                                          of Aerospace Medicine, Drug
                                          Abatement Division (AAM-800),
                                          800 Independence Avenue, SW.,
                                          Washington, DC 20591, if you
                                          opt to conduct your own drug
                                          testing program.
(5) A contractor who has your own drug   Register with the FAA, Office
 testing program.                         of Aerospace Medicine, Drug
                                          Abatement Division (AAM-800),
                                          800 Independence Avenue, SW.,
                                          Washington, DC 20591, if you
                                          opt to conduct your own drug
                                          testing program.
------------------------------------------------------------------------

    (b) Use the following chart for implementing a drug testing program 
if you are applying for a part 119 certificate with authority to operate 
under parts 121 or 135 of this chapter, if you intend to begin 
operations as defined in Sec. 91.147 of this chapter, or if you intend 
to begin air traffic control operations (not operated by the FAA or by 
or under contract to the U.S. Military). Use it to determine whether you 
need to have an Antidrug and Alcohol Misuse Prevention Program 
Operations Specification, or whether you need to register with the FAA. 
Your employees who perform safety-sensitive functions must be tested in 
accordance with this subpart. The chart follows:

------------------------------------------------------------------------
              If you . . .                        You must . . .
------------------------------------------------------------------------
(1) Apply for a part 119 certificate     (i) Have an Antidrug and
 with authority to operate under parts    Alcohol Misuse Prevention
 121 or 135.                              Program Operations
                                          Specification.
                                         (ii) Implement an FAA drug
                                          testing program no later than
                                          the date you start operations,
                                          and
                                         (iii) Meet the requirements of
                                          this subpart.
(2) Intend to begin operations as        (i) Register with the FAA, by
 defined in Sec. 91.147 of this         contacting the Flight
 chapter.                                 Standards District Office
                                          nearest to your principal
                                          place of business prior to
                                          starting operations.
                                         (ii) Implement an FAA drug
                                          testing program no later than
                                          the date you start operations,
                                          and
                                         (iii) Meet the requirements of
                                          this subpart.
(3) Intend to begin air traffic control  (i) Register with the FAA,
 operations (at an air traffic control    Office of Aerospace Medicine,
 facility not operated by the FAA or by   Drug Abatement Division (AAM-
 or under contract to the U.S.            800), 800 Independence Avenue,
 military).                               SW., Washington, DC 20591
                                          prior to starting operations.
                                         (ii) Implement an FAA drug
                                          testing program no later than
                                          the date you start operations,
                                          and
                                         (iii) Meet the requirements of
                                          this subpart.
------------------------------------------------------------------------

    (c) If you are an individual or company that intends to provide 
safety-sensitive services by contract to a part 119 certificate holder 
with authority to operate under parts 121 and/or 135 of this chapter, an 
operation as defined in Sec. 91.147 of this chapter, or an air traffic 
control facility not operated by the FAA or by or under contract to the 
U.S. military, use the following chart to determine what you must do if 
you opt to have your own drug testing program.

------------------------------------------------------------------------
                                         And you opt to conduct your own
              If you . . .                 drug program, you must . . .
 
------------------------------------------------------------------------
(1) Are a part 145 certificate holder..  (i) Have an Antidrug and
                                          Alcohol Misuse Prevention
                                          Program Operations
                                          Specification or register with
                                          the FAA, Office of Aerospace
                                          Medicine, Drug Abatement
                                          Division (AAM-800), 800
                                          Independence Avenue, SW.,
                                          Washington, DC 20591,
                                         (ii) Implement an FAA drug
                                          testing program no later than
                                          the date you start performing
                                          safety-sensitive functions for
                                          a part 119 certificate holder
                                          with authority to operate
                                          under parts 121 or 135, or
                                          operator as defined in Sec.
                                          91.147 of this chapter, and
                                         (iii) Meet the requirements of
                                          this subpart as if you were an
                                          employer.
(2) Are a contractor...................  (i) Register with the FAA,
                                          Office of Aerospace Medicine,
                                          Drug Abatement Division (AAM-
                                          800), 800 Independence Avenue,
                                          SW., Washington, DC 20591,
                                         (ii) Implement an FAA drug
                                          testing program no later than
                                          the date you start performing
                                          safety-sensitive functions for
                                          a part 119 certificate holder
                                          with authority to operate
                                          under parts 121 or 135, or
                                          operator as defined in Sec.
                                          91.147 of this chapter, or an
                                          air traffic control facility
                                          not operated by the FAA or by
                                          or under contract to the U.S.
                                          Military, and
                                         (iii) Meet the requirements of
                                          this subpart as if you were an
                                          employer.
------------------------------------------------------------------------

    (d) Obtaining an Antidrug and Alcohol Misuse Prevention Program 
Operations Specification. (1) To obtain an Antidrug and Alcohol Misuse 
Prevention Program Operations Specification, you

[[Page 40]]

must contact your FAA Principal Operations Inspector or Principal 
Maintenance Inspector. Provide him/her with the following information:
    (i) Company name.
    (ii) Certificate number.
    (iii) Telephone number.
    (iv) Address where your drug and alcohol testing program records are 
kept.
    (v) Whether you have 50 or more safety-sensitive employees, or 49 or 
fewer safety-sensitive employees. (Part 119 certificate holders with 
authority to operate only under part 121 of this chapter are not 
required to provide this information.)
    (2) You must certify on your Antidrug and Alcohol Misuse Prevention 
Program Operations Specification issued by your FAA Principal Operations 
Inspector or Principal Maintenance Inspector that you will comply with 
this part and 49 CFR part 40.
    (3) You are required to obtain only one Antidrug and Alcohol Misuse 
Prevention Program Operations Specification to satisfy this requirement 
under this part.
    (4) You must update the Antidrug and Alcohol Misuse Prevention 
Program Operations Specification when any changes to the information 
contained in the Operation Specification occur.
    (e) Registering a drug and alcohol testing program with the FAA. (1) 
To register with the FAA, submit the following information:
    (i) Company name.
    (ii) Telephone number.
    (iii) Address where your drug and alcohol testing program records 
are kept.
    (iv) Type of safety-sensitive functions you perform for an employer 
(such as flight instruction duties, aircraft dispatcher duties, 
maintenance or preventive maintenance duties, ground security 
coordinator duties, aviation screening duties, air traffic control 
duties).
    (v) Whether you have 50 or more safety-sensitive employees, or 49 or 
fewer covered employees.
    (vi) A signed statement indicating that: your company will comply 
with this part and 49 CFR part 40; and, if you are a contractor, you 
intend to provide safety-sensitive functions by contract to a part 119 
certificate holder with authority to operate under part 121 and/or part 
135 of this chapter, an operator as defined in Sec. 91.147 of this 
chapter, or an air traffic control facility not operated by the FAA or 
by or under contract to the U.S. military.
    (2) Send this information in the form and manner prescribed by the 
Administrator, in duplicate to the appropriate address below:
    (i) For Sec. 91.147 operators: The Flight Standards District Office 
nearest to your principal place of business.
    (ii) For all others: The Federal Aviation Administration, Office of 
Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence 
Avenue, SW., Washington, DC 20591.
    (3) Update the registration information as changes occur. Send the 
updates in duplicate to the address specified in paragraph (e)(2) of 
this section.
    (4) This registration will satisfy the registration requirements for 
both your drug testing program under this subpart and your alcohol 
testing program under subpart F of this part.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3154, Jan. 20, 2010]



Sec. 120.119  Annual reports.

    (a) Annual reports of testing results must be submitted to the FAA 
by March 15 of the succeeding calendar year for the prior calendar year 
(January 1 through December 31) in accordance with the following 
provisions:
    (1) Each part 121 certificate holder shall submit an annual report 
each year.
    (2) Each entity conducting a drug testing program under this part, 
other than a part 121 certificate holder, that has 50 or more employees 
performing a safety-sensitive function on January 1 of any calendar year 
shall submit an annual report to the FAA for that calendar year.
    (3) The Administrator reserves the right to require that aviation 
employers not otherwise required to submit annual reports prepare and 
submit such reports to the FAA. Employers that will be required to 
submit annual reports under this provision will be notified in writing 
by the FAA.
    (b) As an employer, you must use the Management Information System

[[Page 41]]

(MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 
40.26 and appendix H to 49 CFR part 40). You may also use the electronic 
version of the MIS form provided by DOT. The Administrator may designate 
means (e.g., electronic program transmitted via the Internet) other than 
hard-copy, for MIS form submission. For information on where to submit 
MIS forms and for the electronic version of the form, see: http://
www.faa.gov/about/office--org/headquarters--offices/avs/offices/aam/
drug--alcohol.
    (c) A service agent may prepare the MIS report on behalf of an 
employer. However, a company official (e.g., Designated Employer 
Representative as defined in 49 CFR part 40) must certify the accuracy 
and completeness of the MIS report, no matter who prepares it.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3154, Jan. 20, 2010]



Sec. 120.121  Preemption.

    (a) The issuance of 14 CFR parts 65, 91, 121, and 135 by the FAA 
preempts any State or local law, rule, regulation, order, or standard 
covering the subject matter of 14 CFR parts 65, 91, 121, and 135, 
including but not limited to, drug testing of aviation personnel 
performing safety-sensitive functions.
    (b) The issuance of 14 CFR parts 65, 91, 121, and 135 does not 
preempt provisions of state criminal law that impose sanctions for 
reckless conduct of an individual that leads to actual loss of life, 
injury, or damage to property whether such provisions apply specifically 
to aviation employees or generally to the public.



Sec. 120.123  Drug testing outside the territory of the United States.

    (a) No part of the testing process (including specimen collection, 
laboratory processing, and MRO actions) shall be conducted outside the 
territory of the United States.
    (1) Each employee who is assigned to perform safety-sensitive 
functions solely outside the territory of the United States shall be 
removed from the random testing pool upon the inception of such 
assignment.
    (2) Each covered employee who is removed from the random testing 
pool under this section shall be returned to the random testing pool 
when the employee resumes the performance of safety-sensitive functions 
wholly or partially within the territory of the United States.
    (b) The provisions of this subpart shall not apply to any individual 
who performs a function listed in Sec. 120.105 by contract for an 
employer outside the territory of the United States.



Sec. 120.125  Waivers from 49 CFR 40.21.

    An employer subject to this part may petition the Drug Abatement 
Division, Office of Aerospace Medicine, for a waiver allowing the 
employer to stand down an employee following a report of a laboratory 
confirmed positive drug test or refusal, pending the outcome of the 
verification process.
    (a) Each petition for a waiver must be in writing and include 
substantial facts and justification to support the waiver. Each petition 
must satisfy the substantive requirements for obtaining a waiver, as 
provided in 49 CFR 40.21.
    (b) Each petition for a waiver must be submitted to the Federal 
Aviation Administration, Office of Aerospace Medicine, Drug Abatement 
Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591.
    (c) The Administrator may grant a waiver subject to 49 CFR 40.21(d).



             Subpart F_Alcohol Testing Program Requirements



Sec. 120.201  Scope.

    This subpart contains the standards and components that must be 
included in an alcohol testing program required by this part.



Sec. 120.203  General.

    (a) Purpose. The purpose of this subpart is to establish programs 
designed to help prevent accidents and injuries resulting from the 
misuse of alcohol by employees who perform safety-sensitive functions in 
aviation.
    (b) Alcohol testing procedures. Each employer shall ensure that all 
alcohol testing conducted pursuant to this subpart complies with the 
procedures set forth in 49 CFR part 40. The provisions of 49 CFR part 40 
that address alcohol

[[Page 42]]

testing are made applicable to employers by this subpart.
    (c) Employer responsibility. As an employer, you are responsible for 
all actions of your officials, representatives, and service agents in 
carrying out the requirements of the DOT agency regulations.



Sec. 120.205  Preemption of State and local laws.

    (a) Except as provided in paragraph (a)(2) of this section, these 
regulations preempt any State or local law, rule, regulation, or order 
to the extent that:
    (1) Compliance with both the State or local requirement and this 
subpart is not possible; or
    (2) Compliance with the State or local requirement is an obstacle to 
the accomplishment and execution of any requirement in this subpart.
    (b) The alcohol testing requirements of this title shall not be 
construed to preempt provisions of State criminal law that impose 
sanctions for reckless conduct leading to actual loss of life, injury, 
or damage to property, whether the provisions apply specifically to 
transportation employees or employers or to the general public.



Sec. 120.207  Other requirements imposed by employers.

    Except as expressly provided in these alcohol testing requirements, 
nothing in this subpart shall be construed to affect the authority of 
employers, or the rights of employees, with respect to the use or 
possession of alcohol, including any authority and rights with respect 
to alcohol testing and rehabilitation.



Sec. 120.209  Requirement for notice.

    Before performing an alcohol test under this subpart, each employer 
shall notify a covered employee that the alcohol test is required by 
this subpart. No employer shall falsely represent that a test is 
administered under this subpart.



Sec. 120.211  Applicable Federal regulations.

    The following applicable regulations appear in 49 CFR and 14 CFR:
    (a) 49 CFR Part 40--Procedures for Transportation Workplace Drug 
Testing Programs
    (b) 14 CFR:
    (1) Sec. 67.107--First-Class Airman Medical Certificate, Mental.
    (2) Sec. 67.207--Second-Class Airman Medical Certificate, Mental.
    (3) Sec. 67.307--Third-Class Airman Medical Certificate, Mental.
    (4) Sec. 91.147--Passenger carrying flights for compensation or 
hire.
    (5) Sec. 135.1--Applicability

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3154, Jan. 20, 2010]



Sec. 120.213  Falsification.

    No individual may make, or cause to be made, any of the following:
    (a) Any fraudulent or intentionally false statement in any 
application of an alcohol testing program.
    (b) Any fraudulent or intentionally false entry in any record or 
report that is made, kept, or used to show compliance with this subpart.
    (c) Any reproduction or alteration, for fraudulent purposes, of any 
report or record required to be kept by this subpart.



Sec. 120.215  Covered employees.

    (a) Each employee, including any assistant, helper, or individual in 
a training status, who performs a safety-sensitive function listed in 
this section directly or by contract (including by subcontract at any 
tier) for an employer as defined in this subpart must be subject to 
alcohol testing under an alcohol testing program implemented in 
accordance with this subpart. This includes full-time, part-time, 
temporary, and intermittent employees regardless of the degree of 
supervision. The safety-sensitive functions are:
    (1) Flight crewmember duties.
    (2) Flight attendant duties.
    (3) Flight instruction duties.
    (4) Aircraft dispatcher duties.
    (5) Aircraft maintenance or preventive maintenance duties.
    (6) Ground security coordinator duties.
    (7) Aviation screening duties.
    (8) Air traffic control duties.
    (b) Each employer must identify any employee who is subject to the 
alcohol testing regulations of more than one

[[Page 43]]

DOT agency. Prior to conducting any alcohol test on a covered employee 
subject to the alcohol testing regulations of more than one DOT agency, 
the employer must determine which DOT agency authorizes or requires the 
test.



Sec. 120.217  Tests required.

    (a) Pre-employment alcohol testing. As an employer, you may, but are 
not required to, conduct pre-employment alcohol testing under this 
subpart. If you choose to conduct pre-employment alcohol testing, you 
must comply with the following requirements:
    (1) You must conduct a pre-employment alcohol test before the first 
performance of safety-sensitive functions by every covered employee 
(whether a new employee or someone who has transferred to a position 
involving the performance of safety-sensitive functions).
    (2) You must treat all safety-sensitive employees performing safety-
sensitive functions the same for the purpose of pre-employment alcohol 
testing (i.e., you must not test some covered employees and not others).
    (3) You must conduct the pre-employment tests after making a 
contingent offer of employment or transfer, subject to the employee 
passing the pre-employment alcohol test.
    (4) You must conduct all pre-employment alcohol tests using the 
alcohol testing procedures of 49 CFR part 40.
    (5) You must not allow a covered employee to begin performing 
safety-sensitive functions unless the result of the employee's test 
indicates an alcohol concentration of less than 0.04. If a pre-
employment test result under this paragraph indicates an alcohol 
concentration of 0.02 or greater but less than 0.04, the provisions of 
Sec. 120.221(f) apply.
    (b) Post-accident alcohol testing. (1) As soon as practicable 
following an accident, each employer shall test each surviving covered 
employee for alcohol if that employee's performance of a safety-
sensitive function either contributed to the accident or cannot be 
completely discounted as a contributing factor to the accident. The 
decision not to administer a test under this section shall be based on 
the employer's determination, using the best available information at 
the time of the determination, that the covered employee's performance 
could not have contributed to the accident.
    (2) If a test required by this section is not administered within 2 
hours following the accident, the employer shall prepare and maintain on 
file a record stating the reasons the test was not promptly 
administered. If a test required by this section is not administered 
within 8 hours following the accident, the employer shall cease attempts 
to administer an alcohol test and shall prepare and maintain the same 
record. Records shall be submitted to the FAA upon request of the 
Administrator or his or her designee.
    (3) A covered employee who is subject to post-accident testing shall 
remain readily available for such testing or may be deemed by the 
employer to have refused to submit to testing. Nothing in this section 
shall be construed to require the delay of necessary medical attention 
for injured people following an accident or to prohibit a covered 
employee from leaving the scene of an accident for the period necessary 
to obtain assistance in responding to the accident or to obtain 
necessary emergency medical care.
    (c) Random alcohol testing. (1) Except as provided in paragraphs 
(c)(2) through (c)(4) of this section, the minimum annual percentage 
rate for random alcohol testing will be 25 percent of the covered 
employees.
    (2) The Administrator's decision to increase or decrease the minimum 
annual percentage rate for random alcohol testing is based on the 
violation rate for the entire industry. All information used for this 
determination is drawn from MIS reports required by this subpart. In 
order to ensure reliability of the data, the Administrator considers the 
quality and completeness of the reported data, may obtain additional 
information or reports from employers, and may make appropriate 
modifications in calculating the industry violation rate. Each year, the 
Administrator will publish in the Federal Register the minimum annual 
percentage rate for random alcohol testing of covered employees. The new 
minimum annual percentage rate for

[[Page 44]]

random alcohol testing will be applicable starting January 1 of the 
calendar year following publication.
    (3)(i) When the minimum annual percentage rate for random alcohol 
testing is 25 percent or more, the Administrator may lower this rate to 
10 percent of all covered employees if the Administrator determines that 
the data received under the reporting requirements of this subpart for 
two consecutive calendar years indicate that the violation rate is less 
than 0.5 percent.
    (ii) When the minimum annual percentage rate for random alcohol 
testing is 50 percent, the Administrator may lower this rate to 25 
percent of all covered employees if the Administrator determines that 
the data received under the reporting requirements of this subpart for 
two consecutive calendar years indicate that the violation rate is less 
than 1.0 percent but equal to or greater than 0.5 percent.
    (4)(i) When the minimum annual percentage rate for random alcohol 
testing is 10 percent, and the data received under the reporting 
requirements of this subpart for that calendar year indicate that the 
violation rate is equal to or greater than 0.5 percent but less than 1.0 
percent, the Administrator will increase the minimum annual percentage 
rate for random alcohol testing to 25 percent of all covered employees.
    (ii) When the minimum annual percentage rate for random alcohol 
testing is 25 percent or less, and the data received under the reporting 
requirements of this subpart for that calendar year indicate that the 
violation rate is equal to or greater than 1.0 percent, the 
Administrator will increase the minimum annual percentage rate for 
random alcohol testing to 50 percent of all covered employees.
    (5) The selection of employees for random alcohol testing shall be 
made by a scientifically valid method, such as a random-number table or 
a computer-based random number generator that is matched with employees' 
Social Security numbers, payroll identification numbers, or other 
comparable identifying numbers. Under the selection process used, each 
covered employee shall have an equal chance of being tested each time 
selections are made.
    (6) As an employer, you must select and test a percentage of 
employees at least equal to the minimum annual percentage rate each 
year.
    (i) As an employer, to determine whether you have met the minimum 
annual percentage rate, you must divide the number of random alcohol 
screening test results for safety-sensitive employees by the average 
number of safety-sensitive employees eligible for random testing.
    (A) To calculate whether you have met the annual minimum percentage 
rate, count all random screening test results below 0.02 breath alcohol 
concentration, random screening test results of 0.02 or greater breath 
alcohol concentration, and random refusals as your ``random alcohol 
screening test results.''
    (B) To calculate the average number of safety-sensitive employees 
eligible for random testing throughout the year, add the total number of 
safety-sensitive employees eligible for testing during each random 
testing period for the year and divide that total by the number of 
random testing periods. Only safety-sensitive employees are to be in an 
employer's random testing pool, and all safety-sensitive employees must 
be in the random pool. If you are an employer conducting random testing 
more often than once per month (e.g., you select daily, weekly, bi-
weekly) you do not need to compute this total number of safety-sensitive 
employees more than on a once per month basis.
    (ii) As an employer, you may use a service agent to perform random 
selections for you, and your safety-sensitive employees may be part of a 
larger random testing pool of safety-sensitive employees. However, you 
must ensure that the service agent you use is testing at the appropriate 
percentage established for your industry and that only safety-sensitive 
employees are in the random testing pool. For example:
    (A) If the service agent has your employees in a random testing pool 
for your company alone, you must ensure that the testing is conducted at 
least at the minimum annual percentage rate under this part.

[[Page 45]]

    (B) If the service agent has your employees in a random testing pool 
combined with other FAA-regulated companies, you must ensure that the 
testing is conducted at least at the minimum annual percentage rate 
under this part.
    (C) If the service agent has your employees in a random testing pool 
combined with other DOT-regulated companies, you must ensure that the 
testing is conducted at least at the highest rate required for any DOT-
regulated company in the pool.
    (7) Each employer shall ensure that random alcohol tests conducted 
under this subpart are unannounced and that the dates for administering 
random tests are spread reasonably throughout the calendar year.
    (8) Each employer shall require that each covered employee who is 
notified of selection for random testing proceeds to the testing site 
immediately; provided, however, that if the employee is performing a 
safety-sensitive function at the time of the notification, the employer 
shall instead ensure that the employee ceases to perform the safety-
sensitive function and proceeds to the testing site as soon as possible.
    (9) A covered employee shall only be randomly tested while the 
employee is performing safety-sensitive functions; just before the 
employee is to perform safety-sensitive functions; or just after the 
employee has ceased performing such functions.
    (10) If a given covered employee is subject to random alcohol 
testing under the alcohol testing rules of more than one DOT agency, the 
employee shall be subject to random alcohol testing at the percentage 
rate established for the calendar year by the DOT agency regulating more 
than 50 percent of the employee's functions.
    (11) If an employer is required to conduct random alcohol testing 
under the alcohol testing rules of more than one DOT agency, the 
employer may--
    (i) Establish separate pools for random selection, with each pool 
containing the covered employees who are subject to testing at the same 
required rate; or
    (ii) Randomly select such employees for testing at the highest 
percentage rate established for the calendar year by any DOT agency to 
which the employer is subject.
    (d) Reasonable suspicion alcohol testing. (1) An employer shall 
require a covered employee to submit to an alcohol test when the 
employer has reasonable suspicion to believe that the employee has 
violated the alcohol misuse prohibitions in Sec. Sec. 120.19 or 120.37.
    (2) The employer's determination that reasonable suspicion exists to 
require the covered employee to undergo an alcohol test shall be based 
on specific, contemporaneous, articulable observations concerning the 
appearance, behavior, speech or body odors of the employee. The required 
observations shall be made by a supervisor who is trained in detecting 
the symptoms of alcohol misuse. The supervisor who makes the 
determination that reasonable suspicion exists shall not conduct the 
breath alcohol test on that employee.
    (3) Alcohol testing is authorized by this section only if the 
observations required by paragraph (d)(2) of this section are made 
during, just preceding, or just after the period of the work day that 
the covered employee is required to be in compliance with this rule. An 
employee may be directed by the employer to undergo reasonable suspicion 
testing for alcohol only while the employee is performing safety-
sensitive functions; just before the employee is to perform safety-
sensitive functions; or just after the employee has ceased performing 
such functions.
    (4)(i) If a test required by this section is not administered within 
2 hours following the determination made under paragraph (d)(2) of this 
section, the employer shall prepare and maintain on file a record 
stating the reasons the test was not promptly administered. If a test 
required by this section is not administered within 8 hours following 
the determination made under paragraph (d)(2) of this section, the 
employer shall cease attempts to administer an alcohol test and shall 
state in the record the reasons for not administering the test.
    (ii) Notwithstanding the absence of a reasonable suspicion alcohol 
test under this section, no covered employee shall

[[Page 46]]

report for duty or remain on duty requiring the performance of safety-
sensitive functions while the employee is under the influence of, or 
impaired by, alcohol, as shown by the behavioral, speech, or performance 
indicators of alcohol misuse, nor shall an employer permit the covered 
employee to perform or continue to perform safety-sensitive functions 
until:
    (A) An alcohol test is administered and the employee's alcohol 
concentration measures less than 0.02; or
    (B) The start of the employee's next regularly scheduled duty 
period, but not less than 8 hours following the determination made under 
paragraph (d)(2) of this section that there is reasonable suspicion that 
the employee has violated the alcohol misuse provisions in Sec. Sec. 
120.19 or 120.37.
    (iii) No employer shall take any action under this subpart against a 
covered employee based solely on the employee's behavior and appearance 
in the absence of an alcohol test. This does not prohibit an employer 
with authority independent of this subpart from taking any action 
otherwise consistent with law.
    (e) Return-to-duty alcohol testing. Each employer shall ensure that 
before a covered employee returns to duty requiring the performance of a 
safety-sensitive function after engaging in conduct prohibited in 
Sec. Sec. 120.19 or 120.37 the employee shall undergo a return-to-duty 
alcohol test with a result indicating an alcohol concentration of less 
than 0.02. The test cannot occur until after the SAP has determined that 
the employee has successfully complied with the prescribed education 
and/or treatment.
    (f) Follow-up alcohol testing. (1) Each employer shall ensure that 
the employee who engages in conduct prohibited by Sec. Sec. 120.19 or 
120.37, is subject to unannounced follow-up alcohol testing as directed 
by a SAP.
    (2) The number and frequency of such testing shall be determined by 
the employer's SAP, but must consist of at least six tests in the first 
12 months following the employee's return to duty.
    (3) The employer must direct the employee to undergo testing for 
drugs in accordance with subpart E of this part, in addition to alcohol, 
if the SAP determines that drug testing is necessary for the particular 
employee. Any such drug testing shall be conducted in accordance with 
the provisions of 49 CFR part 40.
    (4) Follow-up testing shall not exceed 60 months after the date the 
individual begins to perform, or returns to the performance of, a 
safety-sensitive function. The SAP may terminate the requirement for 
follow-up testing at any time after the first six tests have been 
conducted, if the SAP determines that such testing is no longer 
necessary.
    (5) A covered employee shall be tested for alcohol under this 
section only while the employee is performing safety-sensitive 
functions, just before the employee is to perform safety-sensitive 
functions, or just after the employee has ceased performing such 
functions.
    (g) Retesting of covered employees with an alcohol concentration of 
0.02 or greater but less than 0.04. Each employer shall retest a covered 
employee to ensure compliance with the provisions of Sec. 120.221(f) if 
the employer chooses to permit the employee to perform a safety-
sensitive function within 8 hours following the administration of an 
alcohol test indicating an alcohol concentration of 0.02 or greater but 
less than 0.04.



Sec. 120.219  Handling of test results, record retention, and confidentiality.

    (a) Retention of records. (1) General requirement. In addition to 
the records required to be maintained under 49 CFR part 40, employers 
must maintain records required by this subpart in a secure location with 
controlled access.
    (2) Period of retention.
    (i) Five years.
    (A) Copies of any annual reports submitted to the FAA under this 
subpart for a minimum of 5 years.
    (B) Records of notifications to the Federal Air Surgeon of refusals 
to submit to testing and violations of the alcohol misuse prohibitions 
in this chapter by covered employees who hold medical certificates 
issued under part 67 of this chapter.
    (C) Documents presented by a covered employee to dispute the result 
of

[[Page 47]]

an alcohol test administered under this subpart.
    (D) Records related to other violations of Sec. Sec. 120.19 or 
120.37.
    (ii) Two years. Records related to the testing process and training 
required under this subpart.
    (A) Documents related to the random selection process.
    (B) Documents generated in connection with decisions to administer 
reasonable suspicion alcohol tests.
    (C) Documents generated in connection with decisions on post-
accident tests.
    (D) Documents verifying existence of a medical explanation of the 
inability of a covered employee to provide adequate breath for testing.
    (E) Materials on alcohol misuse awareness, including a copy of the 
employer's policy on alcohol misuse.
    (F) Documentation of compliance with the requirements of Sec. 
120.223(a).
    (G) Documentation of training provided to supervisors for the 
purpose of qualifying the supervisors to make a determination concerning 
the need for alcohol testing based on reasonable suspicion.
    (H) Certification that any training conducted under this subpart 
complies with the requirements for such training.
    (b) Annual reports. (1) Annual reports of alcohol testing program 
results must be submitted to the FAA by March 15 of the succeeding 
calendar year for the prior calendar year (January 1 through December 
31) in accordance with the provisions of paragraphs (b)(1)(i) through 
(iii) of this section.
    (i) Each part 121 certificate holder shall submit an annual report 
each year.
    (ii) Each entity conducting an alcohol testing program under this 
part, other than a part 121 certificate holder, that has 50 or more 
employees performing a safety-sensitive function on January 1 of any 
calendar year shall submit an annual report to the FAA for that calendar 
year.
    (iii) The Administrator reserves the right to require that aviation 
employers not otherwise required to submit annual reports prepare and 
submit such reports to the FAA. Employers that will be required to 
submit annual reports under this provision will be notified in writing 
by the FAA.
    (2) As an employer, you must use the Management Information System 
(MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 
40.26 and appendix H to 49 CFR part 40). You may also use the electronic 
version of the MIS form provided by the DOT. The Administrator may 
designate means (e.g., electronic program transmitted via the Internet) 
other than hard-copy, for MIS form submission. For information on where 
to submit MIS forms and for the electronic version of the form, see: 
http://www.faa.gov/about/office--org/headquarters--offices/avs/offices/
aam/drug--alcohol/.
    (3) A service agent may prepare the MIS report on behalf of an 
employer. However, a company official (e.g., Designated Employer 
Representative as defined in 49 CFR part 40) must certify the accuracy 
and completeness of the MIS report, no matter who prepares it.
    (c) Access to records and facilities.
    (1) Except as required by law or expressly authorized or required in 
this subpart, no employer shall release covered employee information 
that is contained in records required to be maintained under this 
subpart.
    (2) A covered employee is entitled, upon written request, to obtain 
copies of any records pertaining to the employee's use of alcohol, 
including any records pertaining to his or her alcohol tests in 
accordance with 49 CFR part 40. The employer shall promptly provide the 
records requested by the employee. Access to an employee's records shall 
not be contingent upon payment for records other than those specifically 
requested.
    (3) Each employer shall permit access to all facilities utilized in 
complying with the requirements of this subpart to the Secretary of 
Transportation or any DOT agency with regulatory authority over the 
employer or any of its covered employees.



Sec. 120.221  Consequences for employees engaging in alcohol-related
conduct.

    (a) Removal from safety-sensitive function. (1) Except as provided 
in 49 CFR

[[Page 48]]

part 40, no covered employee shall perform safety-sensitive functions if 
the employee has engaged in conduct prohibited by Sec. Sec. 120.19 or 
120.37, or an alcohol misuse rule of another DOT agency.
    (2) No employer shall permit any covered employee to perform safety-
sensitive functions if the employer has determined that the employee has 
violated this section.
    (b) Permanent disqualification from service. An employee who 
violates Sec. Sec. 120.19 or 120.37, or who engages in alcohol use that 
violates another alcohol misuse provision of Sec. Sec. 120.19 or 120.37 
and who had previously engaged in alcohol use that violated the 
provisions of Sec. Sec. 120.19 or 120.37 after becoming subject to such 
prohibitions is permanently precluded from performing for an employer 
the safety-sensitive duties the employee performed before such 
violation.
    (c) Notice to the Federal Air Surgeon. (1) An employer who 
determines that a covered employee who holds an airman medical 
certificate issued under part 67 of this chapter has engaged in alcohol 
use that violated the alcohol misuse provisions of Sec. Sec. 120.19 or 
120.37 shall notify the Federal Air Surgeon within 2 working days.
    (2) Each such employer shall forward to the Federal Air Surgeon a 
copy of the report of any evaluation performed under the provisions of 
Sec. 120.223(c) within 2 working days of the employer's receipt of the 
report.
    (3) All documents must be sent to the Federal Air Surgeon, Federal 
Aviation Administration, Office of Aerospace Medicine, Attn: Drug 
Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, 
DC 20591.
    (4) No covered employee who is required to hold an airman medical 
certificate in order to perform a safety-sensitive duty may perform that 
duty following a violation of this subpart until the covered employee 
obtains an airman medical certificate issued by the Federal Air Surgeon 
dated after the alcohol test result or refusal to test date. After the 
covered employee obtains this airman medical certificate, the SAP may 
recommend to the employer that the covered employee may be returned to a 
safety-sensitive position. The receipt of an airman medical certificate 
does not alter any obligations otherwise required by 49 CFR part 40 or 
this subpart.
    (5) Once the Federal Air Surgeon has recommended under paragraph 
(c)(4) of this section that the employee be permitted to perform safety-
sensitive duties, the employer cannot permit the employee to perform 
those safety-sensitive duties until the employer has ensured that the 
employee meets the return to duty requirements in accordance with 49 CFR 
part 40.
    (d) Notice of refusals. Each covered employer must notify the FAA 
within 2 working days of any employee who holds a certificate issued 
under part 61, part 63, or part 65 of this chapter who has refused to 
submit to an alcohol test required under this subpart. Notification must 
be sent to: Federal Aviation Administration, Office of Aerospace 
Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, 
SW., Washington, DC 20591, or by fax to (202) 267-5200.
    (e) Required evaluation and alcohol testing. No covered employee who 
has engaged in conduct prohibited by Sec. Sec. 120.19 or 120.37 shall 
perform safety-sensitive functions unless the employee has met the 
requirements of 49 CFR part 40. No employer shall permit a covered 
employee who has engaged in such conduct to perform safety-sensitive 
functions unless the employee has met the requirements of 49 CFR part 
40.
    (f) Other alcohol-related conduct. (1) No covered employee tested 
under this subpart who is found to have an alcohol concentration of 0.02 
or greater but less than 0.04 shall perform or continue to perform 
safety-sensitive functions for an employer, nor shall an employer permit 
the employee to perform or continue to perform safety-sensitive 
functions, until:
    (i) The employee's alcohol concentration measures less than 0.02; or
    (ii) The start of the employee's next regularly scheduled duty 
period, but not less than 8 hours following administration of the test.
    (2) Except as provided in paragraph (f)(1) of this section, no 
employer shall take any action under this rule against an employee based 
solely on test results showing an alcohol concentration

[[Page 49]]

less than 0.04. This does not prohibit an employer with authority 
independent of this rule from taking any action otherwise consistent 
with law.



Sec. 120.223  Alcohol misuse information, training, and substance 
abuse professionals.

    (a) Employer obligation to promulgate a policy on the misuse of 
alcohol. (1) General requirements. Each employer shall provide 
educational materials that explain these alcohol testing requirements 
and the employer's policies and procedures with respect to meeting those 
requirements.
    (i) The employer shall ensure that a copy of these materials is 
distributed to each covered employee prior to the start of alcohol 
testing under the employer's FAA-mandated alcohol testing program and to 
each individual subsequently hired for or transferred to a covered 
position.
    (ii) Each employer shall provide written notice to representatives 
of employee organizations of the availability of this information.
    (2) Required content. The materials to be made available to 
employees shall include detailed discussion of at least the following:
    (i) The identity of the individual designated by the employer to 
answer employee questions about the materials.
    (ii) The categories of employees who are subject to the provisions 
of these alcohol testing requirements.
    (iii) Sufficient information about the safety-sensitive functions 
performed by those employees to make clear what period of the work day 
the covered employee is required to be in compliance with these alcohol 
testing requirements.
    (iv) Specific information concerning employee conduct that is 
prohibited by this chapter.
    (v) The circumstances under which a covered employee will be tested 
for alcohol under this subpart.
    (vi) The procedures that will be used to test for the presence of 
alcohol, protect the employee and the integrity of the breath testing 
process, safeguard the validity of the test results, and ensure that 
those results are attributed to the correct employee.
    (vii) The requirement that a covered employee submit to alcohol 
tests administered in accordance with this subpart.
    (viii) An explanation of what constitutes a refusal to submit to an 
alcohol test and the attendant consequences.
    (ix) The consequences for covered employees found to have violated 
the prohibitions in this chapter, including the requirement that the 
employee be removed immediately from performing safety-sensitive 
functions, and the process in 49 CFR part 40, subpart O.
    (x) The consequences for covered employees found to have an alcohol 
concentration of 0.02 or greater but less than 0.04.
    (xi) Information concerning the effects of alcohol misuse on an 
individual's health, work, and personal life; signs and symptoms of an 
alcohol problem; available methods of evaluating and resolving problems 
associated with the misuse of alcohol; and intervening when an alcohol 
problem is suspected, including confrontation, referral to any available 
employee assistance program, and/or referral to management.
    (xii) Optional provisions. The materials supplied to covered 
employees may also include information on additional employer policies 
with respect to the use or possession of alcohol, including any 
consequences for an employee found to have a specified alcohol level, 
that are based on the employer's authority independent of this subpart. 
Any such additional policies or consequences must be clearly and 
obviously described as being based on independent authority.
    (b) Training for supervisors. Each employer shall ensure that 
persons designated to determine whether reasonable suspicion exists to 
require a covered employee to undergo alcohol testing under Sec. 
120.217(d) of this subpart receive at least 60 minutes of training on 
the physical, behavioral, speech, and performance indicators of probable 
alcohol misuse.
    (c) Substance abuse professional (SAP) duties. The SAP must perform 
the functions set forth in 49 CFR part 40, subpart O, and this subpart.

[[Page 50]]



Sec. 120.225  How to implement an alcohol testing program.

    (a) Each company must meet the requirements of this subpart. Use the 
following chart to determine whether your company must obtain an 
Antidrug and Alcohol Misuse Prevention Program Operations Specification 
or whether you must register with the FAA:

------------------------------------------------------------------------
            If you are . . .                      You must . . .
------------------------------------------------------------------------
(1) A part 119 certificate holder with   Obtain an Antidrug and Alcohol
 authority to operate under parts 121     Misuse Prevention Program
 and/or 135.                              Operations Specification by
                                          contacting your FAA Principal
                                          Operations Inspector.
(2) An operator as defined in Sec. Register with the FAA, by
 91.147 of this chapter.                  contacting the Flight
                                          Standards District Office
                                          nearest to your principal
                                          place of business.
(3) An air traffic control facility not  Register with the FAA, Office
 operated by the FAA or by or under       of Aerospace Medicine, Drug
 contract to the U.S. Military.           Abatement Division (AAM-800),
                                          800 Independence Avenue, SW.,
                                          Washington, DC 20591.
(4) A part 145 certificate holder who    Obtain an Antidrug and Alcohol
 has your own alcohol testing program.    Misuse Prevention Program
                                          Operations Specification by
                                          contacting your Principal
                                          Maintenance Inspector or
                                          register with the FAA Office
                                          of Aerospace Medicine, Drug
                                          Abatement Division (AAM-800),
                                          800 Independence Avenue, SW.,
                                          Washington, DC 20591 if you
                                          opt to conduct your own
                                          alcohol testing program.
(5) A contractor who has your own        Register with the FAA, Office
 alcohol testing program.                 of Aerospace Medicine, Drug
                                          Abatement Division (AAM-800),
                                          800 Independence Avenue, SW.,
                                          Washington, DC 20591 if you
                                          opt to conduct your own
                                          alcohol testing program.
------------------------------------------------------------------------

    (b) Use the following chart for implementing an alcohol testing 
program if you are applying for a part 119 certificate with authority to 
operate under parts 121 and/or 135 of this chapter, if you intend to 
begin operations as defined in Sec. 91.147 of this chapter, or if you 
intend to begin operations as defined air traffic control operations 
(not operated by the FAA or by or under contract to the U.S. Military). 
Use it to determine whether you need to have an Antidrug and Alcohol 
Misuse Prevention Program Operations Specification, or whether you need 
to register with the FAA. Your employees who perform safety-sensitive 
duties must be tested in accordance with this subpart. The chart 
follows:

------------------------------------------------------------------------
              If you . . .                        You must . . .
------------------------------------------------------------------------
(1) Apply for a part 119 certificate     (i) Have an Antidrug and
 with authority to operate under parts    Alcohol Misuse Prevention
 121 and/or 135.                          Program Operations
                                          Specification,
                                         (ii) Implement an FAA alcohol
                                          testing program no later than
                                          the date you start operations,
                                          and
                                         (iii) Meet the requirements of
                                          this subpart.
------------------------------------------------------------------------
(2) Intend to begin operations as        (i) Register with the FAA by
 defined in Sec. 91.147 of this         contacting the Flight
 chapter.                                 Standards District Office
                                          nearest your principal place
                                          of business prior to starting
                                          operations,
                                         (ii) Implement an FAA alcohol
                                          testing program no later than
                                          the date you start operations,
                                          and
                                         (iii) Meet the requirements of
                                          this subpart.
------------------------------------------------------------------------
(3) Intend to begin air traffic control  (i) Register with the FAA,
 operations (at an air traffic control    Office of Aerospace Medicine,
 facility not operated by the FAA or by   Drug Abatement Division (AAM-
 or under contract to the U.S.            800), 800 Independence Avenue,
 military).                               SW., Washington, DC 20591
                                          prior to starting operations,
                                         (ii) Implement an FAA alcohol
                                          testing program no later than
                                          the date you start operations,
                                          and
                                         (iii) Meet the requirements of
                                          this subpart.
------------------------------------------------------------------------

    (c) If you are an individual or a company that intends to provide 
safety-sensitive services by contract to a part 119 certificate holder 
with authority to operate under parts 121 and/or 135 of this chapter or 
an operator as defined in Sec. 91.147 of this chapter, use the 
following chart to determine what you must do if you opt to have your 
own alcohol testing program.

------------------------------------------------------------------------
                                         And you opt to conduct your own
              If you . . .                 Alcohol Testing Program, you
                                                    must . . .
------------------------------------------------------------------------
(1) Are a part 145 certificate holder..  (i) Have an Antidrug and
                                          Alcohol Misuse Prevention
                                          Program Operations
                                          Specifications or register
                                          with the FAA, Office of
                                          Aerospace Medicine, Drug
                                          Abatement Division (AAM-800),
                                          800 Independence Avenue, SW.,
                                          Washington, DC 20591,
                                         (ii) Implement an FAA alcohol
                                          testing program no later than
                                          the date you start performing
                                          safety-sensitive functions for
                                          a part 119 certificate holder
                                          with the authority to operate
                                          under parts 121 and/or 135, or
                                          operator as defined in Sec.
                                          91.147 of this chapter, and
                                         (iii) Meet the requirements of
                                          this subpart as if you were an
                                          employer.
------------------------------------------------------------------------
(2) Are a contractor...................  (i) Register with the FAA,
                                          Office of Aerospace Medicine,
                                          Drug Abatement Division (AAM-
                                          800), 800 Independence Avenue,
                                          SW., Washington, DC 20591,

[[Page 51]]

 
                                         (ii) Implement an FAA alcohol
                                          testing program no later than
                                          the date you start performing
                                          safety-sensitive functions for
                                          a part 119 certificate holder
                                          with authority to operate
                                          under parts 121 and/or 135, or
                                          operator as defined in Sec.
                                          91.147 of this chapter, and
                                         (iii) Meet the requirements of
                                          this subpart as if you were an
                                          employer.
------------------------------------------------------------------------

    (d)(1) To obtain an Antidrug and Alcohol Misuse Prevention Program 
Operations Specification, you must contact your FAA Principal Operations 
Inspector or Principal Maintenance Inspector. Provide him/her with the 
following information:
    (i) Company name.
    (ii) Certificate number.
    (iii) Telephone number.
    (iv) Address where your drug and alcohol testing program records are 
kept.
    (v) Whether you have 50 or more covered employees, or 49 or fewer 
covered employees. (Part 119 certificate holders with authority to 
operate only under part 121 of this chapter are not required to provide 
this information.)
    (2) You must certify on your Antidrug and Alcohol Misuse Prevention 
Program Operations Specification, issued by your FAA Principal 
Operations Inspector or Principal Maintenance Inspector, that you will 
comply with this part and 49 CFR part 40.
    (3) You are required to obtain only one Antidrug and Alcohol Misuse 
Prevention Program Operations Specification to satisfy this requirement 
under this part.
    (4) You must update the Antidrug and Alcohol Misuse Prevention 
Program Operations Specification when any changes to the information 
contained in the Operation Specification occur.
    (e)(1) To register with the FAA, submit the following information:
    (i) Company name.
    (ii) Telephone number.
    (iii) Address where your drug and alcohol testing program records 
are kept.
    (iv) Type of safety-sensitive functions you perform for an employer 
(such as flight instruction duties, aircraft dispatcher duties, 
maintenance or preventive maintenance duties, ground security 
coordinator duties, aviation screening duties, air traffic control 
duties).
    (v) Whether you have 50 or more covered employees, or 49 or fewer 
covered employees.
    (vi) A signed statement indicating that: Your company will comply 
with this part and 49 CFR part 40; and, if you are a contractor, you 
intend to provide safety-sensitive functions by contract to a part 119 
certificate holder with authority to operate under part 121 and/or 135 
of this chapter, an operator as defined by Sec. 91.147 of this chapter, 
or an air traffic control facility not operated by the FAA or by or 
under contract to the U.S. Military.
    (2) Send this information in the form and manner prescribed by the 
Administrator, in duplicate to the appropriate address below:
    (i) For Sec. 91.147 operators: The Flight Standards District Office 
nearest to your principal place of business.
    (ii) For all others: The Federal Aviation Administration, Office of 
Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence 
Avenue, SW., Washington, DC 20591.
    (3) Update the registration information as changes occur. Send the 
updates in duplicate to the address specified in paragraph (e)(2) of 
this section.
    (4) This registration will satisfy the registration requirements for 
both your drug testing program under subpart E of this part and your 
alcohol testing program under this subpart.

[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 
3154, Jan. 20, 2010]



Sec. 120.227  Employees located outside the U.S.

    (a) No covered employee shall be tested for alcohol misuse while 
located outside the territory of the United States.
    (1) Each covered employee who is assigned to perform safety-
sensitive functions solely outside the territory of the United States 
shall be removed from the random testing pool upon the inception of such 
assignment.
    (2) Each covered employee who is removed from the random testing 
pool under this paragraph shall be returned to the random testing pool 
when the employee resumes the performance of safety-sensitive functions 
wholly or

[[Page 52]]

partially within the territory of the United States.
    (b) The provisions of this subpart shall not apply to any person who 
performs a safety-sensitive function by contract for an employer outside 
the territory of the United States.



PART 121_OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS--Table of Contents



Special Federal Aviation Regulation No. 50-2 [Note]
Special Federal Aviation Regulation No. 71 [Note]
Special Federal Aviation Regulation No. 97 [Note]
Special Federal Aviation Regulation No. 106

                            Subpart A_General

Sec.
121.1 Applicability.
121.2 Compliance schedule for operators that transition to part 121; 
          certain new entrant operators.
121.4 Applicability of rules to unauthorized operators.
121.7 Definitions.
121.11 Rules applicable to operations in a foreign country.
121.15 Carriage of narcotic drugs, marihuana, and depressant or 
          stimulant drugs or substances.

Subpart B--Certification Rules for Domestic and Flag Air Carriers 
[Reserved]

Subpart C--Certification Rules for Supplemental Air Carriers and Commercial 
Operators [Reserved]

Subpart D--Rules Governing All Certificate Holders Under This Part 
[Reserved]

       Subpart E_Approval of Routes: Domestic and Flag Operations

121.91 Applicability.
121.93 Route requirements: General.
121.95 Route width.
121.97 Airports: Required data.
121.99 Communications facilities--domestic and flag operations.
121.101 Weather reporting facilities.
121.103 En route navigation facilities.
121.105 Servicing and maintenance facilities.
121.106 ETOPS Alternate Airport: Rescue and fire fighting service.
121.107 Dispatch centers.

   Subpart F_Approval of Areas and Routes for Supplemental Operations

121.111 Applicability.
121.113 Area and route requirements: General.
121.115 Route width.
121.117 Airports: Required data.
121.119 Weather reporting facilities.
121.121 En route navigation facilities.
121.122 Communications facilities--supplemental operations.
121.123 Servicing maintenance facilities.
121.125 Flight following system.
121.127 Flight following system; requirements.

                      Subpart G_Manual Requirements

121.131 Applicability.
121.133 Preparation.
121.135 Manual contents.
121.137 Distribution and availability.
121.139 Requirements for manual aboard aircraft: Supplemental 
          operations.
121.141 Airplane flight manual.

                     Subpart H_Aircraft Requirements

121.151 Applicability.
121.153 Aircraft requirements: General.
121.155 [Reserved]
121.157 Aircraft certification and equipment requirements.
121.159 Single-engine airplanes prohibited.
121.161 Airplane limitations: Type of route.
121.162 ETOPS Type Design Approval Basis.
121.163 Aircraft proving tests.

          Subpart I_Airplane Performance Operating Limitations

121.171 Applicability.
121.173 General.
121.175 Airplanes: Reciprocating engine-powered: Weight limitations.
121.177 Airplanes: Reciprocating engine-powered: Takeoff limitations.
121.179 Airplanes: Reciprocating engine-powered: En route limitations: 
          All engines operating.
121.181 Airplanes: Reciprocating engine-powered: En route limitations: 
          One engine inoperative.
121.183 Part 25 airplanes with four or more engines: Reciprocating 
          engine powered: En route limitations: Two engines inoperative.
121.185 Airplanes: Reciprocating engine-powered: Landing limitations: 
          Destination airport.
121.187 Airplanes: Reciprocating engine-powered: Landing limitations: 
          Alternate airport.
121.189 Airplanes: Turbine engine powered: Takeoff limitations.

[[Page 53]]

121.191 Airplanes: Turbine engine powered: En route limitations: One 
          engine inoperative.
121.193 Airplanes: Turbine engine powered: En route limitations: Two 
          engines inoperative.
121.195 Airplanes: Turbine engine powered: Landing limitations: 
          Destination airports.
121.197 Airplanes: Turbine engine powered: Landing limitations: 
          Alternate airports.
121.198 Cargo service airplanes: Increased zero fuel and landing 
          weights.
121.199 Nontransport category airplanes: Takeoff limitations.
121.201 Nontransport category airplanes: En route limitations: One 
          engine inoperative.
121.203 Nontransport category airplanes: Landing limitations: 
          Destination airport.
121.205 Nontransport category airplanes: Landing limitations: Alternate 
          airport.
121.207 Provisionally certificated airplanes: Operating limitations.

              Subpart J_Special Airworthiness Requirements

121.211 Applicability.
121.213 [Reserved]
121.215 Cabin interiors.
121.217 Internal doors.
121.219 Ventilation.
121.221 Fire precautions.
121.223 Proof of compliance with Sec. 121.221.
121.225 Propeller deicing fluid.
121.227 Pressure cross-feed arrangements.
121.229 Location of fuel tanks.
121.231 Fuel system lines and fittings.
121.233 Fuel lines and fittings in designated fire zones.
121.235 Fuel valves.
121.237 Oil lines and fittings in designated fire zones.
121.239 Oil valves.
121.241 Oil system drains.
121.243 Engine breather lines.
121.245 Fire walls.
121.247 Fire-wall construction.
121.249 Cowling.
121.251 Engine accessory section diaphragm.
121.253 Powerplant fire protection.
121.255 Flammable fluids.
121.257 Shutoff means.
121.259 Lines and fittings.
121.261 Vent and drain lines.
121.263 Fire-extinguishing systems.
121.265 Fire-extinguishing agents.
121.267 Extinguishing agent container pressure relief.
121.269 Extinguishing agent container compartment temperature.
121.271 Fire-extinguishing system materials.
121.273 Fire-detector systems.
121.275 Fire detectors.
121.277 Protection of other airplane components against fire.
121.279 Control of engine rotation.
121.281 Fuel system independence.
121.283 Induction system ice prevention.
121.285 Carriage of cargo in passenger compartments.
121.287 Carriage of cargo in cargo compartments.
121.289 Landing gear: Aural warning device.
121.291 Demonstration of emergency evacuation procedures.
121.293 Special airworthiness requirements for nontransport category 
          airplanes type certificated after December 31, 1964.
121.295 Location for a suspect device.

             Subpart K_Instrument and Equipment Requirements

121.301 Applicability.
121.303 Airplane instruments and equipment.
121.305 Flight and navigational equipment.
121.306 Portable electronic devices.
121.307 Engine instruments.
121.308 Lavatory fire protection.
121.309 Emergency equipment.
121.310 Additional emergency equipment.
121.311 Seats, safety belts, and shoulder harnesses.
121.312 Materials for compartment interiors.
121.313 Miscellaneous equipment.
121.314 Cargo and baggage compartments.
121.315 Cockpit check procedure.
121.316 Fuel tanks.
121.317 Passenger information requirements, smoking prohibitions, and 
          additional seat belt requirements.
121.318 Public address system.
121.319 Crewmember interphone system.
121.323 Instruments and equipment for operations at night.
121.325 Instruments and equipment for operations under IFR or over-the-
          top.
121.327 Supplemental oxygen: Reciprocating engine powered airplanes.
121.329 Supplemental oxygen for sustenance: Turbine engine powered 
          airplanes.
121.331 Supplemental oxygen requirements for pressurized cabin 
          airplanes: Reciprocating engine powered airplanes.
121.333 Supplemental oxygen for emergency descent and for first aid; 
          turbine engine powered airplanes with pressured cabins.
121.335 Equipment standards.
121.337 Protective breathing equipment.
121.339 Emergency equipment for extended over-water operations.
121.340 Emergency flotation means.
121.341 Equipment for operations in icing conditions.
121.342 Pitot heat indication systems.
121.343 Flight data recorders.
121.344 Digital flight data recorders for transport category airplanes.

[[Page 54]]

121.344a Digital flight data recorders for 10-19 seat airplanes.
121.345 Radio equipment.
121.346 Flight data recorders: filtered data.
121.347 Communication and navigation equipment for operations under VFR 
          over routes navigated by pilotage.
121.349 Communication and navigation equipment for operations under VFR 
          over routes not navigated by pilotage or for operations under 
          IFR or over the top.
121.351 Communication and navigation equipment for extended over-water 
          operations and for certain other operations.
121.353 Emergency equipment for operations over uninhabited terrain 
          areas: Flag, supplemental, and certain domestic operators.
121.354 Terrain awareness and warning system.
121.355 Equipment for operations on which specialized means of 
          navigation are used.
121.356 Collision Avoidance System.
121.357 Airborne weather radar equipment requirements.
121.358 Low-altitude windshear system equipment requirements.
121.359 Cockpit voice recorders.
121.360 [Reserved]

     Subpart L_Maintenance, Preventive Maintenance, and Alterations

121.361 Applicability.
121.363 Responsibility for airworthiness.
121.365 Maintenance, preventive maintenance, and alteration 
          organization.
121.367 Maintenance, preventive maintenance, and alterations programs.
121.368 [Reserved]
121.369 Manual requirements.
121.370-121.370a [Reserved]
121.371 Required inspection personnel.
121.373 Continuing analysis and surveillance.
121.374 Continuous airworthiness maintenance program (CAMP) for two-
          engine ETOPS.
121.375 Maintenance and preventive maintenance training program.
121.377 Maintenance and preventive maintenance personnel duty time 
          limitations.
121.378 Certificate requirements.
121.379 Authority to perform and approve maintenance, preventive 
          maintenance, and alterations.
121.380 Maintenance recording requirements.
121.380a Transfer of maintenance records.

              Subpart M_Airman and Crewmember Requirements

121.381 Applicability.
121.383 Airman: Limitations on use of services.
121.385 Composition of flight crew.
121.387 Flight engineer.
121.389 Flight navigator and specialized navigation equipment.
121.391 Flight attendants.
121.393 Crewmember requirements at stops where passengers remain on 
          board.
121.394 Flight attendant requirements during passenger boarding and 
          deplaning.
121.395 Aircraft dispatcher: Domestic and flag operations.
121.397 Emergency and emergency evacuation duties.

                       Subpart N_Training Program

121.400 Applicability and terms used.
121.401 Training program: General.
121.402 Training program: Special rules.
121.403 Training program: Curriculum.
121.404 Compliance dates: Crew and dispatcher resource management 
          training.
121.405 Training program and revision: Initial and final approval.
121.406 Credit for previous CRM/DRM training.
121.407 Training program: Approval of airplane simulators and other 
          training devices.
121.409 Training courses using airplane simulators and other training 
          devices.
121.411 Qualifications: Check airmen (airplane) and check airmen 
          (simulator).
121.412 Qualifications: Flight instructors (airplane) and flight 
          instructors (simulator).
121.413 Initial and transition training and checking requirements: Check 
          airmen (airplane), check airmen (simulator).
121.414 Initial and transition training and checking requirements: 
          flight instructors (airplane), flight instructors (simulator).
121.415 Crewmember and dispatcher training requirements.
121.417 Crewmember emergency training.
121.418 Differences training: Crewmembers and dispatchers.
121.419 Pilots and flight engineers: Initial, transition, and upgrade 
          ground training.
121.420 Flight navigators: Initial and transition ground training.
121.421 Flight attendants: Initial and transition ground training.
121.422 Aircraft dispatchers: Initial and transition ground training.
121.424 Pilots: Initial, transition and upgrade flight training.
121.425 Flight engineers: Initial and transition flight training.
121.426 Flight navigators: Initial and transition flight training.
121.427 Recurrent training.
121.429 [Reserved]

                   Subpart O_Crewmember Qualifications

121.431 Applicability.
121.432 General.

[[Page 55]]

121.433 Training required.
121.434 Operating experience, operating cycles, and consolidation of 
          knowledge and skills.
121.437 Pilot qualification: Certificates required.
121.438 Pilot operating limitations and pairing requirements.
121.439 Pilot qualification: Recent experience.
121.440 Line checks.
121.441 Proficiency checks.
121.443 Pilot in command qualification: Route and airports.
121.445 Pilot in command airport qualification: Special areas and 
          airports.
121.447 [Reserved]
121.453 Flight engineer qualifications.
121.455-121.459 [Reserved]

       Subpart P_Aircraft Dispatcher Qualifications and Duty Time

Limitations: Domestic and Flag Operations; Flight Attendant Duty Period 
  Limitations and Rest Requirements: Domestic, Flag, and Supplemental 
                               Operations

121.461 Applicability.
121.463 Aircraft dispatcher qualifications.
121.465 Aircraft dispatcher duty time limitations: Domestic and flag 
          operations.
121.467 Flight attendant duty period limitations and rest requirements: 
          Domestic, flag, and supplemental operations.

   Subpart Q_Flight Time Limitations and Rest Requirements: Domestic 
                               Operations

121.470 Applicability.
121.471 Flight time limitations and rest requirements: All flight 
          crewmembers.

           Subpart R_Flight Time Limitations: Flag Operations

121.480 Applicability.
121.481 Flight time limitations: One or two pilot crews.
121.483 Flight time limitations: Two pilots and one additional flight 
          crewmember.
121.485 Flight time limitations: Three or more pilots and an additional 
          flight crewmember.
121.487 Flight time limitations: Pilots not regularly assigned.
121.489 Flight time limitations: Other commercial flying.
121.491 Flight time limitations: Deadhead transportation.
121.493 Flight time limitations: Flight engineers and flight navigators.

       Subpart S_Flight Time Limitations: Supplemental Operations

121.500 Applicability.
121.503 Flight time limitations: Pilots: airplanes.
121.505 Flight time limitations: Two pilot crews: airplanes.
121.507 Flight time limitations: Three pilot crews: airplanes.
121.509 Flight time limitations: Four pilot crews: airplanes.
121.511 Flight time limitations: Flight engineers: airplanes.
121.513 Flight time limitations: Overseas and international operations: 
          airplanes.
121.515 Flight time limitations: All airmen: airplanes.
121.517 Flight time limitations: Other commercial flying: airplanes.
121.519 Flight time limitations: Deadhead transportation: airplanes.
121.521 Flight time limitations: Crew of two pilots and one additional 
          airman as required.
121.523 Flight time limitations: Crew of three or more pilots and 
          additional airmen as required.
121.525 Flight time limitations: Pilots serving in more than one kind of 
          flight crew.

                       Subpart T_Flight Operations

121.531 Applicability.
121.533 Responsibility for operational control: Domestic operations.
121.535 Responsibility for operational control: Flag operations.
121.537 Responsibility for operational control: Supplemental operations.
121.538 Aircraft security.
121.539 Operations notices.
121.541 Operations schedules: Domestic and flag operations.
121.542 Flight crewmember duties.
121.543 Flight crewmembers at controls.
121.545 Manipulation of controls.
121.547 Admission to flight deck.
121.548 Aviation safety inspector's credentials: Admission to pilot's 
          compartment.
121.548a DOD Commercial Air Carrier Evaluator's Credential.
121.549 Flying equipment.
121.550 Secret Service Agents: Admission to flight deck.
121.551 Restriction or suspension of operation: Domestic and flag 
          operations.
121.553 Restriction or suspension of operation: Supplemental operations.
121.555 Compliance with approved routes and limitations: Domestic and 
          flag operations.
121.557 Emergencies: Domestic and flag operations.
121.559 Emergencies: Supplemental operations.
121.561 Reporting potentially hazardous meteorological conditions and 
          irregularities of ground facilities or navigation aids.
121.563 Reporting mechanical irregularities.

[[Page 56]]

121.565 Engine inoperative: Landing; reporting.
121.567 Instrument approach procedures and IFR landing minimums.
121.569 Equipment interchange: Domestic and flag operations.
121.570 Airplane evacuation capability.
121.571 Briefing passengers before takeoff.
121.573 Briefing passengers: Extended overwater operations.
121.574 Oxygen for medical use by passengers.
121.575 Alcoholic beverages.
121.576 Retention of items of mass in passenger and crew compartments.
121.577 Stowage of food, beverage, and passenger service equipment 
          during airplane movement on the surface, takeoff, and landing.
121.578 Cabin ozone concentration.
121.579 Minimum altitudes for use of auto-pilot.
121.580 Prohibition on interference with crewmembers.
121.581 Observer's seat: En route inspections.
121.582 Means to discreetly notify a flightcrew.
121.583 Carriage of persons without compliance with the passenger-
          carrying requirements of this part.
121.584 Requirement to view the area outside the flightdeck door.
121.585 Exit seating.
121.586 Authority to refuse transportation.
121.587 Closing and locking of flight crew compartment door.
121.589 Carry-on baggage.
121.590 Use of certificated land airports in the United States.

             Subpart U_Dispatching and Flight Release Rules

121.591 Applicability.
121.593 Dispatching authority: Domestic operations.
121.595 Dispatching authority: Flag operations.
121.597 Flight release authority: Supplemental operations.
121.599 Familiarity with weather conditions.
121.601 Aircraft dispatcher information to pilot in command: Domestic 
          and flag operations.
121.603 Facilities and services: Supplemental operations.
121.605 Airplane equipment.
121.607 Communication and navigation facilities: Domestic and flag 
          operations.
121.609 Communication and navigation facilities: Supplemental 
          operations.
121.611 Dispatch or flight release under VFR.
121.613 Dispatch or flight release under IFR or over the top.
121.615 Dispatch or flight release over water: Flag and supplemental 
          operations.
121.617 Alternate airport for departure.
121.619 Alternate airport for destination: IFR or over-the-top: Domestic 
          operations.
121.621 Alternate airport for destination: Flag operations.
121.623 Alternate airport for destination: IFR or over-the-top: 
          Supplemental operations.
121.624 ETOPS Alternate Airports..
121.625 Alternate Airport weather minima.
121.627 Continuing flight in unsafe conditions.
121.628 Inoperable instruments and equipment.
121.629 Operation in icing conditions.
121.631 Original dispatch or flight release, redispatch or amendment of 
          dispatch or flight release.
121.633 Considering time-limited systems in planning ETOPS alternates.
121.635 Dispatch to and from refueling or provisional airports: Domestic 
          and flag operations.
121.637 Takeoffs from unlisted and alternate airports: Domestic and flag 
          operations.
121.639 Fuel supply: All domestic operations.
121.641 Fuel supply: Nonturbine and turbo-propeller-powered airplanes: 
          Flag operations.
121.643 Fuel supply: Nonturbine and turbo-propeller-powered airplanes: 
          Supplemental operations.
121.645 Fuel supply: Turbine-engine powered airplanes, other than turbo 
          propeller: Flag and supplemental operations.
121.646 En-route fuel supply: flag and supplemental operations.
121.647 Factors for computing fuel required.
121.649 Takeoff and landing weather minimums: VFR: Domestic operations.
121.651 Takeoff and landing weather minimums: IFR: All certificate 
          holders.
121.652 Landing weather minimums: IFR: All certificate holders.
121.653 [Reserved]
121.655 Applicability of reported weather minimums.
121.657 Flight altitude rules.
121.659 Initial approach altitude: Domestic and supplemental operations.
121.661 Initial approach altitude: Flag operations.
121.663 Responsibility for dispatch release: Domestic and flag 
          operations.
121.665 Load manifest.
121.667 Flight plan: VFR and IFR: Supplemental operations.

                      Subpart V_Records and Reports

121.681 Applicability.
121.683 Crewmember and dispatcher record.

[[Page 57]]

121.685 Aircraft record: Domestic and flag operations.
121.687 Dispatch release: Flag and domestic operations.
121.689 Flight release form: Supplemental operations.
121.691 [Reserved]
121.693 Load manifest: All certificate holders.
121.695 Disposition of load manifest, dispatch release, and flight 
          plans: Domestic and flag operations.
121.697 Disposition of load manifest, flight release, and flight plans: 
          Supplemental operations.
121.698-121.699 [Reserved]
121.701 Maintenance log: Aircraft.
121.703 Service difficulty reports.
121.705 Mechanical interruption summary report.
121.707 Alteration and repair reports.
121.709 Airworthiness release or aircraft log entry.
121.711 Communication records: Domestic and flag operations.
121.713 Retention of contracts and amendments: Commercial operators who 
          conduct intrastate operations for compensation or hire.

             Subpart W_Crewmember Certificate: International

121.721 Applicability.
121.723 Surrender of international crewmember certificate.

           Subpart X_Emergency Medical Equipment and Training

121.801 Applicability.
121.803 Emergency medical equipment.
121.805 Crewmember training for in-flight medical events.

                Subpart Y_Advanced Qualification Program

121.901 Purpose and eligibility.
121.903 General requirements for Advanced Qualification Programs.
121.905 Confidential commercial information
121.907 Definitions.
121.909 Approval of Advanced Qualification Program.
121.911 Indoctrination curriculum.
121.913 Qualification curriculum.
121.915 Continuing qualification curriculum.
121.917 Other requirements.
121.919 Certification.
121.921 Training devices and simulators.
121.923 Approval of training, qualification, or evaluation by a person 
          who provides training by arrangement.
121.925 Recordkeeping requirements.

             Subpart Z_Hazardous Materials Training Program

121.1001 Applicability and definitions.
121.1003 Hazardous materials training: General.
121.1005 Hazardous materials training required.
121.1007 Hazardous materials training records.

       Subpart AA_Continued Airworthiness and Safety Improvements

121.1101 Purpose and definition.
121.1103 [Reserved]
121.1105 Aging airplane inspections and records reviews.
121.1107 Repairs assessment for pressurized fuselages.
121.1109 Supplemental inspections.
121.1111 Electrical wiring interconnection systems (EWIS) maintenance 
          program.
121.1113 Fuel tank system maintenance program.
121.1115 Limit of validity.
121.1117 Flammability reduction means.

Subpart BB [Reserved]

121.1200-121.1399 [Reserved]

Subpart CC [Reserved]

121.1400-121.1499 [Reserved]

             Subpart DD_Special Federal Aviation Regulations

121.1500 SFAR No. 111--Lavatory Oxygen Systems.

Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits
Appendix B to Part 121--Aircraft Flight Recorder Specifications
Appendix C to Part 121--C-46 Nontransport Category Airplanes
Appendix D to Part 121--Criteria for Demonstration of Emergency 
          Evacuation Procedures Under Sec. 121.291
Appendix E to Part 121--Flight Training Requirements
Appendix F to Part 121--Proficiency Check Requirements
Appendix G to Part 121--Doppler Radar and Inertial Navigation System 
          (INS): Request for Evaluation; Equipment and Equipment 
          Installation; Training Program; Equipment Accuracy and 
          Reliability; Evaluation Program
Appendix H to Part 121--Advanced Simulation
Appendices I-J to Part 121 [Reserved]
Appendix K to Part 121--Performance Requirements for Certain 
          Turbopropeller Powered Airplanes

[[Page 58]]

Appendix L to Part 121--Type Certification Regulations Made Previously 
          Effective
Appendix M to Part 121--Airplane Flight Recorder Specifications
Appendix N to Part 121 [Reserved]
Appendix O to Part 121--Hazardous Materials Training Requirements For 
          Certificate Holders
Appendix P to Part 121--Requirements for ETOPS and Polar Operations

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.



            Sec. Special Federal Aviation Regulation No. 50-2

    Editorial Note: For the text of SFAR No. 50-2, see part 91 of this 
chapter.



             Sec. Special Federal Aviation Regulation No. 71

    Editorial Note: For the text of SFAR No. 71, see part 91 of this 
chapter.



             Sec. Special Federal Aviation Regulation No. 97

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



Sec. Special Federal Aviation Regulation 106--Rules for use of portable 
              oxygen concentrator systems on board aircraft

    Section 1. Applicability--This rule prescribes special operating 
rules for the use of portable oxygen concentrator units on board civil 
aircraft. This rule applies to both the aircraft operator and the 
passenger using the portable oxygen concentrator on board the aircraft.
    Section 2. Definitions--For the purposes of this SFAR the following 
definitions apply: Portable Oxygen Concentrator: means the AirSep 
FreeStyle, AirSep LifeStyle, Delphi RS-00400, DeVilbiss Healthcare iGo, 
Inogen One, Inogen One G2, International Biophysics LifeChoice, Invacare 
XPO2, Invacare Solo2, Oxlife Independence Oxygen Concentrator, 
Respironics EverGo, and SeQual Eclipse Portable Oxygen Concentrator 
medical device units as long as those medical device units: (1) Do not 
contain hazardous materials as determined by the Pipeline and Hazardous 
Materials Safety Administration; (2) are also regulated by the Food and 
Drug Administration; and (3) assist a user of medical oxygen under a 
doctor's care. These units perform by separating oxygen from nitrogen 
and other gases contained in ambient air and dispensing it in 
concentrated form to the user.
    Section 3. Operating Requirements--
    (a) No person may use and no aircraft operator may allow the use of 
any portable oxygen concentrator device, except the AirSep FreeStyle, 
AirSep LifeStyle, Delphi RS-00400, DeVilbiss Healthcare iGo, Inogen One, 
Inogen One G2, International Biophysics LifeChoice, Invacare XPO2, 
Invacare Solo2, Oxlife Independence Oxygen Concentrator, Respironics 
EverGo, and SeQual Eclipse Portable Oxygen Concentrator units. These 
units may be carried on and used by a passenger on board an aircraft 
provided the aircraft operator ensures that the following conditions are 
satisfied:
    (1) The device does not cause interference with the electrical, 
navigation or communication equipment on the aircraft on which the 
device is to be used;
    (2) No smoking or open flame is permitted within 10 feet of any seat 
row where a person is using a portable oxygen concentrator.
    (3) During movement on the surface, takeoff, and landing, the unit 
must:
    (i) Either be stowed under the seat in front of the user, or in 
another approved stowage location, so that it does not block the aisle 
way or the entryway into the row; or
    (ii) If it is to be operated by the user, be used only at a seat 
location that does not restrict any passenger's access to, or use of, 
any required emergency or regular exit, or the aisle(s) in the passenger 
compartment;
    (4) No person using a portable oxygen concentrator is permitted to 
sit in an exit row;
    (5) The pilot in command must be apprised whenever a passenger 
brings and intends to use a portable oxygen concentrator on board the 
aircraft and the pilot in command must be informed about the contents of 
the physician's written statement (as required in Section 3(b)(3) of 
this SFAR), including the magnitude and nature of the passenger's oxygen 
needs.
    (6) Whenever the pilot in command turns off the ``Fasten Seat Belt'' 
sign, or otherwise signifies that permission is granted to move about 
the passenger cabin, passengers operating their portable oxygen 
concentrator may continue to operate it while moving about the cabin.
    (b) The user of the portable oxygen concentrator must comply with 
the following conditions to use the device on board the aircraft:
    (1) The user must be capable of hearing the unit's alarms, seeing 
the alarm light indicators, and have the cognitive ability to take the 
appropriate action in response to the various caution and warning alarms 
and alarm light indicators, or be travelling with someone who is capable 
of performing those functions;
    (2) The user must ensure that the portable oxygen concentrator is 
free of oil, grease or

[[Page 59]]

other petroleum products and is in good condition free from damage or 
other signs of excessive wear or abuse;
    (3) The user must inform the aircraft operator that he or she 
intends to use a portable oxygen concentrator on board the aircraft and 
must allow the crew of the aircraft to review the contents of the 
physician's statement. The user must have a written statement, to be 
kept in that person's possession, signed by a licensed physician that:
    (i) States whether the user of the device has the physical and 
cognitive ability to see, hear, and understand the device's aural and 
visual cautions and warnings and is able, without assistance, to take 
the appropriate action in response to those cautions and warnings;
    (ii) States whether or not oxygen use is medically necessary for all 
or a portion of the duration of the trip; and
    (iii) Specifies the maximum oxygen flow rate corresponding to the 
pressure in the cabin of the aircraft under normal operating conditions.
    (4) Only lotions or salves that are oxygen approved may be used by 
persons using the portable oxygen concentrator device;
    (5) The user, whose physician statement specifies the duration of 
oxygen use, must obtain from the aircraft operator, or by other means, 
the duration of the planned flight. The user must carry on the flight a 
sufficient number of batteries to power the device for the duration of 
the oxygen use specified in the user's physician statement, including a 
conservative estimate of any unanticipated delays; and
    (6) The user must ensure that all portable oxygen concentrator 
batteries carried onboard the aircraft in carry-on baggage are protected 
from short circuit and are packaged in a manner that protects them from 
physical damage. Batteries protected from short circuit include: (1) 
Those designed with recessed battery terminals; or (2) those packaged so 
that the battery terminals do not contact metal objects (including the 
battery terminals of other batteries). When a battery-powered oxygen 
concentrator is carried onboard aircraft as carry-on baggage and is not 
intended to be used during the flight, the battery must be removed and 
packaged separately unless the concentrator contains at least two 
effective protective features to prevent accidental operation during 
transport.
    Section 4. Expiration Date--This SFAR No. 106 will remain in effect 
until further notice.

[Doc. FAA-2004-18596, 70 FR 40164, July 12, 2005, as amended at 71 FR 
53956, Sept. 12, 2006; 74 FR 2354, Jan. 15, 2009; 75 FR 742, Jan. 6, 
2010; 75 FR 39632, July 12, 2010]



                            Subpart A_General



Sec. 121.1  Applicability.

    This part prescribes rules governing--
    (a) The domestic, flag, and supplemental operations of each person 
who holds or is required to hold an Air Carrier Certificate or Operating 
Certificate under part 119 of this chapter.
    (b) Each person employed or used by a certificate holder conducting 
operations under this part including maintenance, preventive 
maintenance, and alteration of aircraft.
    (c) Each person who applies for provisional approval of an Advanced 
Qualification Program curriculum, curriculum segment, or portion of a 
curriculum segment under SFAR No. 58 of 14 CFR part 121, and each person 
employed or used by an air carrier or commercial operator under this 
part to perform training, qualification, or evaluation functions under 
an Advanced Qualification Program under SFAR No. 58 of 14 CFR part 121.
    (d) Nonstop Commercial Air Tours conducted for compensation or hire 
in accordance with Sec. 119.1(e)(2) of this chapter must comply with 
drug and alcohol requirements in Sec. Sec. 121.455, 121.457, 121.458 
and 121.459, and with the provisions of part 136, subpart A of this 
chapter by September 11, 2007. An operator who does not hold an air 
carrier certificate or an operating certificate is permitted to use a 
person who is otherwise authorized to perform aircraft maintenance or 
preventive maintenance duties and who is not subject to anti-drug and 
alcohol misuse prevention programs to perform--
    (1) Aircraft maintenance or preventive maintenance on the operator's 
aircraft if the operator would otherwise be required to transport the 
aircraft more than 50 nautical miles further than the repair point 
closest to the operator's principal base of operations to obtain these 
services; or
    (2) Emergency repairs on the operator's aircraft if the aircraft 
cannot be safely operated to a location where an employee subject to 
FAA-approved programs can perform the repairs.
    (e) Each person who is on board an aircraft being operated under 
this part.

[[Page 60]]

    (f) Each person who is an applicant for an Air Carrier Certificate 
or an Operating Certificate under part 119 of this chapter, when 
conducting proving tests.
    (g) This part also establishes requirements for operators to take 
actions to support the continued airworthiness of each airplane.

[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as amended by Amdt. 121-
328, 72 FR 6912, Feb. 13, 2007; Amdt. 121-336, 72 FR 63411, Nov. 8, 
2007]



Sec. 121.2  Compliance schedule for operators that transition to
part 121; certain new entrant operators.

    (a) Applicability. This section applies to the following:
    (1) Each certificate holder that was issued an air carrier or 
operating certificate and operations specifications under the 
requirements of part 135 of this chapter or under SFAR No. 38-2 of 14 
CFR part 121 before January 19, 1996, and that conducts scheduled 
passenger-carrying operations with:
    (i) Nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats;
    (ii) Transport category turbopropeller powered airplanes that have a 
passenger seat configuration of 20-30 seats; or
    (iii) Turbojet engine powered airplanes having a passenger seat 
configuration of 1-30 seats.
    (2) Each person who, after January 19, 1996, applies for or obtains 
an initial air carrier or operating certificate and operations 
specifications to conduct scheduled passenger-carrying operations in the 
kinds of airplanes described in paragraphs (a)(1)(i), (a)(1)(ii), or 
paragraph (a)(1)(iii) of this section.
    (b) Obtaining operations specifications. A certificate holder 
described in paragraph (a)(1) of this section may not, after March 20, 
1997, operate an airplane described in paragraphs (a)(1)(i), (a)(1)(ii), 
or (a)(1)(iii) of this section in scheduled passenger-carrying 
operations, unless it obtains operations specifications to conduct its 
scheduled operations under this part on or before March 20, 1997.
    (c) Regular or accelerated compliance. Except as provided in 
paragraphs (d), (e), and (i) of this section, each certificate holder 
described in paragraphs (a)(1) of this section shall comply with each 
applicable requirement of this part on and after March 20, 1997 or on 
and after the date on which the certificate holder is issued operations 
specifications under this part, whichever occurs first. Except as 
provided in paragraphs (d) and (e) of this section, each person 
described in paragraph (a)(2) of this section shall comply with each 
applicable requirement of this part on and after the date on which that 
person is issued a certificate and operations specifications under this 
part.
    (d) Delayed compliance dates. Unless paragraph (e) of this section 
specifies an earlier compliance date, no certificate holder that is 
covered by paragraph (a) of this section may operate an airplane in 14 
CFR part 121 operations on or after a date listed in this paragraph (d) 
unless that airplane meets the applicable requirement of this paragraph 
(d):
    (1) Nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats. No certificate holder may operate under 
this part an airplane that is described in paragraph (a)(1)(i) of this 
section on or after a date listed in paragraph (d)(1) of this section 
unless that airplane meets the applicable requirement listed in 
paragraph (d)(1) of this section:
    (i) December 20, 1997:
    (A) Section 121.289, Landing gear aural warning.
    (B) Section 121.308, Lavatory fire protection.
    (C) Section 121.310(e), Emergency exit handle illumination.
    (D) Section 121.337(b)(8), Protective breathing equipment.
    (E) Section 121.340, Emergency flotation means.
    (ii) December 20, 1999: Section 121.342, Pitot heat indication 
system.
    (iii) December 20, 2010:
    (A) For airplanes described in Sec. 121.157(f), the Airplane 
Performance Operating Limitations in Sec. Sec. 121.189 through 121.197.

[[Page 61]]

    (B) Section 121.161(b), Ditching approval.
    (C) Section 121.305(j), Third attitude indicator.
    (D) Section 121.312(c), Passenger seat cushion flammability.
    (iv) March 12, 1999: Section 121.310(b)(1), Interior emergency exit 
locating sign.
    (2) Transport category turbopropeller powered airplanes that have a 
passenger seat configuration of 20-30 seats. No certificate holder may 
operate under this part an airplane that is described in paragraph 
(a)(1)(ii) of this section on or after a date listed in paragraph (d)(2) 
of this section unless that airplane meets the applicable requirement 
listed in paragraph (d)(2) of this section:
    (i) December 20, 1997:
    (A) Section 121.308, Lavatory fire protection.
    (B) Section 121.337(b) (8) and (9), Protective breathing equipment.
    (C) Section 121.340, Emergency flotation means.
    (ii) December 20, 2010: Sec. 121.305(j), third attitude indicator.
    (e) Newly manufactured airplanes. No certificate holder that is 
described in paragraph (a) of this section may operate under this part 
an airplane manufactured on or after a date listed in this paragraph 
unless that airplane meets the applicable requirement listed in this 
paragraph (e).
    (1) For nontransport category turbopropeller powered airplanes type 
certificated after December 31, 1964, that have a passenger seat 
configuration of 10-19 seats:
    (i) Manufactured on or after March 20, 1997:
    (A) Section 121.305(j), Third attitude indicator.
    (B) Section 121.311(f), Safety belts and shoulder harnesses.
    (ii) Manufactured on or after December 20, 1997; Section 121.317(a), 
Fasten seat belt light.
    (iii) Manufactured on or after December 20, 1999: Section 121.293, 
Takeoff warning system.
    (iv) Manufactured on or after March 12, 1999: Section 121.310(b)(1), 
Interior emergency exit locating sign.
    (2) For transport category turbopropeller powered airplanes that 
have a passenger seat configuration of 20-30 seats manufactured on or 
after March 20, 1997: Section 121.305(j), Third attitude indicator.
    (f) New type certification requirements. No person may operate an 
airplane for which the application for a type certificate was filed 
after March 29, 1995, in 14 CFR part 121 operations unless that airplane 
is type certificated under part 25 of this chapter.
    (g) Transition plan. Before March 19, 1996 each certificate holder 
described in paragraph (a)(1) of this section must submit to the FAA a 
transition plan (containing a calendar of events) for moving from 
conducting its scheduled operations under the commuter requirements of 
part 135 of this chapter to the requirements for domestic or flag 
operations under this part. Each transition plan must contain details on 
the following:
    (1) Plans for obtaining new operations specifications authorizing 
domestic or flag operations;
    (2) Plans for being in compliance with the applicable requirements 
of this part on or before March 20, 1997; and
    (3) Plans for complying with the compliance date schedules contained 
in paragraphs (d) and (e) of this section.
    (h) Continuing requirements. A certificate holder described in 
paragraph (a) of this section shall comply with the applicable airplane 
operating and equipment requirements of part 135 of this chapter for the 
airplanes described in paragraph (a)(1) of this section, until the 
airplane meets the specific compliance dates in paragraphs (d) and (e) 
of this section.
    (i) Any training or qualification obtained by a crewmember under 
part 135 of this chapter before March 20, 1997, is entitled to credit 
under this part for the purpose of meeting the requirements of this 
part, as determined by the Administrator. Records kept by a certificate 
holder under part 135 of this chapter before March 20, 1997, can be 
annotated, with the approval of the Administrator, to reflect crewmember

[[Page 62]]

training and qualification credited toward part 121 requirements.

[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as amended by Amdt. 121-
253, 61 FR 2609, Jan. 26, 1996; Amdt 121-256, 61 FR 30434, June 14, 
1996; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; Amdt. 121-344, 74 FR 
34234, July 15, 2009]



Sec. 121.4  Applicability of rules to unauthorized operators.

    The rules in this part which refer to a person certificated under 
part 119 of this chapter apply also to any person who engages in an 
operation governed by this part without the appropriate certificate and 
operations specifications required by part 119 of this chapter.

[Doc. No. 11675, 37 FR 20937, Oct. 5, 1972, as amended by Amdt. 121-251, 
60 FR 65926, Dec. 20, 1995]



Sec. 121.7  Definitions.

    The following definitions apply to those sections of part 121 that 
apply to ETOPS:
    Adequate Airport means an airport that an airplane operator may list 
with approval from the FAA because that airport meets the landing 
limitations of Sec. 121.197 and is either--
    (1) An airport that meets the requirements of part 139, subpart D of 
this chapter, excluding those that apply to aircraft rescue and 
firefighting service, or
    (2) A military airport that is active and operational.
    ETOPS Alternate Airport means an adequate airport listed in the 
certificate holder's operations specifications that is designated in a 
dispatch or flight release for use in the event of a diversion during 
ETOPS. This definition applies to flight planning and does not in any 
way limit the authority of the pilot-in-command during flight.
    ETOPS Area of Operation means one of the following areas:
    (1) For turbine-engine-powered airplanes with two engines, an area 
beyond 60 minutes from an adequate airport, computed using a one-engine-
inoperative cruise speed under standard conditions in still air.
    (2) For turbine-engine-powered passenger-carrying airplanes with 
more than two engines, an area beyond 180 minutes from an adequate 
airport, computed using a one-engine-inoperative cruise speed under 
standard conditions in still air.
    ETOPS Entry Point means the first point on the route of an ETOPS 
flight, determined using a one-engine-inoperative cruise speed under 
standard conditions in still air, that is--
    (1) More than 60 minutes from an adequate airport for airplanes with 
two engines;
    (2) More than 180 minutes from an adequate airport for passenger-
carrying airplanes with more than two engines.
    ETOPS Qualified Person means a person, performing maintenance for 
the certificate holder, who has satisfactorily completed the certificate 
holder's ETOPS training program.
    Maximum Diversion Time means, for the purposes of ETOPS route 
planning, the longest diversion time authorized for a flight under the 
operator's ETOPS authority. It is calculated under standard conditions 
in still air at a one-engine-inoperative cruise speed.
    North Pacific Area of Operation means Pacific Ocean areas north of 
40[deg] N latitudes including NOPAC ATS routes, and published PACOTS 
tracks between Japan and North America.
    North Polar Area means the entire area north of 78[deg] N latitude.
    One-engine-inoperative-Cruise Speed means a speed within the 
certified operating limits of the airplane that is specified by the 
certificate holder and approved by the FAA for --
    (1) Calculating required fuel reserves needed to account for an 
inoperative engine; or
    (2) Determining whether an ETOPS alternate is within the maximum 
diversion time authorized for an ETOPS flight.
    South Polar Area means the entire area South of 60[deg] S latitude.

[Doc. No. FAA-2002-6717, 72 FR 1878, Jan. 16, 2007]



Sec. 121.11  Rules applicable to operations in a foreign country.

    Each certificate holder shall, while operating an airplane within a 
foreign country, comply with the air traffic rules of the country 
concerned and the local airport rules, except where any

[[Page 63]]

rule of this part is more restrictive and may be followed without 
violating the rules of that country.

[Doc. No. 16383, 43 FR 22641, May 25, 1978]



Sec. 121.15  Carriage of narcotic drugs, marihuana, and depressant
or stimulant drugs or substances.

    If a certificate holder operating under this part permits any 
aircraft owned or leased by that holder to be engaged in any operation 
that the certificate holder knows to be in violation of Sec. 91.19(a) 
of this chapter, that operation is a basis for suspending or revoking 
the certificate.

[Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]

Subpart B--Certification Rules for Domestic and Flag Air Carriers 
[Reserved]

Subpart C--Certification Rules for Supplemental Air Carriers and Commercial 
Operators [Reserved]

Subpart D--Rules Governing All Certificate Holders Under This Part 
[Reserved]



       Subpart E_Approval of Routes: Domestic and Flag Operations

    Source: Docket No. 6258, 29 FR 19194, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.91  Applicability.

    This subpart prescribes rules for obtaining approval of routes by 
certificate holders conducting domestic or flag operations.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



Sec. 121.93  Route requirements: General.

    (a) Each certificate holder conducting domestic or flag operations 
seeking a route approval must show--
    (1) That it is able to conduct satisfactorily scheduled operations 
between each regular, provisional, and refueling airport over that route 
or route segment; and
    (2) That the facilities and services required by Sec. Sec. 121.97 
through 121.107 are available and adequate for the proposed operation.

The Administrator approves a route outside of controlled airspace if he 
determines that traffic density is such that an adequate level of safety 
can be assured.
    (b) Paragraph (a) of this section does not require actual flight 
over a route or route segment if the certificate holder shows that the 
flight is not essential to safety, considering the availability and 
adequacy of airports, lighting, maintenance, communication, navigation, 
fueling, ground, and airplane radio facilities, and the ability of the 
personnel to be used in the proposed operation.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3638, Mar. 19, 1965; Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]



Sec. 121.95  Route width.

    (a) Approved routes and route segments over U.S. Federal airways or 
foreign airways (and advisory routes in the case of certificate holders 
conducting flag operations) have a width equal to the designated width 
of those airways or routes. Whenever the Administrator finds it 
necessary to determine the width of other approved routes, he considers 
the following:
    (1) Terrain clearance.
    (2) Minimum en route altitudes.
    (3) Ground and airborne navigation aids.
    (4) Air traffic density.
    (5) ATC procedures.
    (b) Any route widths of other approved routes determined by the 
Administrator are specified in the certificate holder's operations 
specifications.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.97  Airports: Required data.

    (a) Each certificate holder conducting domestic or flag operations 
must show that each route it submits for approval has enough airports 
that are properly equipped and adequate for the proposed operation, 
considering such items as size, surface, obstructions, facilities, 
public protection, lighting, navigational and communications aids, and 
ATC.

[[Page 64]]

    (b) Each certificate holder conducting domestic or flag operations 
must show that it has an approved system for obtaining, maintaining, and 
distributing to appropriate personnel current aeronautical data for each 
airport it uses to ensure a safe operation at that airport. The 
aeronautical data must include the following:
    (1) Airports.
    (i) Facilities.
    (ii) Public protection. After February 15, 2008, for ETOPS beyond 
180 minutes or operations in the North Polar area and South Polar area, 
this includes facilities at each airport or in the immediate area 
sufficient to protect the passengers from the elements and to see to 
their welfare.
    (iii) Navigational and communications aids.
    (iv) Construction affecting takeoff, landing, or ground operations.
    (v) Air traffic facilities.
    (2) Runways, clearways and stopways.
    (i) Dimensions.
    (ii) Surface.
    (iii) Marking and lighting systems.
    (iv) Elevation and gradient.
    (3) Displaced thresholds.
    (i) Location.
    (ii) Dimensions.
    (iii) Takeoff or landing or both.
    (4) Obstacles.
    (i) Those affecting takeoff and landing performance computations in 
accordance with Subpart I of this part.
    (ii) Controlling obstacles.
    (5) Instrument flight procedures.
    (i) Departure procedure.
    (ii) Approach procedure.
    (iii) Missed approach procedure.
    (6) Special information.
    (i) Runway visual range measurement equipment.
    (ii) Prevailing winds under low visibility conditions.
    (c) If the certificate-holding district office charged with the 
overall inspection of the certificate holder's operations finds that 
revisions are necessary for the continued adequacy of the certificate 
holder's system for collection, dissemination, and usage of aeronautical 
data that has been granted approval, the certificate holder shall, after 
notification by the certificate-holding district office, make those 
revisions in the system. Within 30 days after the certificate holder 
receives such notice, the certificate holder may file a petition to 
reconsider the notice with the Director, Flight Standards Service. This 
filing of a petition to reconsider stays the notice pending a decision 
by the Director, Flight Standards Service. However, if the certificate-
holding district office finds that there is an emergency that requires 
immediate action in the interest of safety in air transportation, the 
Director, Flight Standards Service may, upon statement of the reasons, 
require a change effective without stay.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-162, 
45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; 
Amdt. 121-253, 61 FR 2610, Jan. 26, 1996; Amdt. 121-329, 72 FR 1878, 
Jan. 16, 2007]



Sec. 121.99  Communications facilities--domestic and flag operations.

    (a) Each certificate holder conducting domestic or flag operations 
must show that a two-way communication system, or other means of 
communication approved by the FAA certificate holding district office, 
is available over the entire route. The communications may be direct 
links or via an approved communication link that will provide reliable 
and rapid communications under normal operating conditions between each 
airplane and the appropriate dispatch office, and between each airplane 
and the appropriate air traffic control unit.
    (b) Except in an emergency, for all flag and domestic kinds of 
operations, the communications systems between each airplane and the 
dispatch office must be independent of any system operated by the United 
States.
    (c) Each certificate holder conducting flag operations must provide 
voice communications for ETOPS where voice communication facilities are 
available. In determining whether facilities are available, the 
certificate holder must consider potential routes and altitudes needed 
for diversion to ETOPS Alternate Airports. Where facilities are not 
available or are of such poor quality that voice communication is not 
possible, another communication system must be substituted.

[[Page 65]]

    (d) Except as provided in paragraph (e) of this section, after 
February 15, 2008 for ETOPS beyond 180 minutes, each certificate holder 
conducting flag operations must have a second communication system in 
addition to that required by paragraph (c) of this section. That system 
must be able to provide immediate satellite-based voice communications 
of landline-telephone fidelity. The system must be able to communicate 
between the flight crew and air traffic services, and the flight crew 
and the certificate holder. In determining whether such communications 
are available, the certificate holder must consider potential routes and 
altitudes needed for diversion to ETOPS Alternate Airports. Where 
immediate, satellite-based voice communications are not available, or 
are of such poor quality that voice communication is not possible, 
another communication system must be substituted.
    (e) Operators of two-engine turbine-powered airplanes with 207 
minute ETOPS approval in the North Pacific Area of Operation must comply 
with the requirements of paragraph (d) of this section as of February 
15, 2007.

[Doc. No. 28154, 62 FR 13256, Mar. 19, 1997, as amended by Amdt. 121-
329, 72 FR 1878, Jan. 16, 2007; Amdt. 121-333, 72 FR 31680, June 7, 
2007]



Sec. 121.101  Weather reporting facilities.

    (a) Each certificate holder conducting domestic or flag operations 
must show that enough weather reporting services are available along 
each route to ensure weather reports and forecasts necessary for the 
operation.
    (b) Except as provided in paragraph (d) of this section, no 
certificate holder conducting domestic or flag operations may use any 
weather report to control flight unless--
    (1) For operations within the 48 contiguous States and the District 
of Columbia, it was prepared by the U.S. National Weather Service or a 
source approved by the U.S. National Weather Service; or
    (2) For operations conducted outside the 48 contiguous States and 
the District of Columbia, it was prepared by a source approved by the 
Administrator.
    (c) Each certificate holder conducting domestic or flag operations 
that uses forecasts to control flight movements shall use forecasts 
prepared from weather reports specified in paragraph (b) of this section 
and from any source approved under its system adopted pursuant to 
paragraph (d) of this section.
    (d) Each certificate holder conducting domestic or flag operations 
shall adopt and put into use an approved system for obtaining forecasts 
and reports of adverse weather phenomena, such as clear air turbulence, 
thunderstorms, and low altitude wind shear, that may affect safety of 
flight on each route to be flown and at each airport to be used.

[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-27, 
36 FR 13911, July 28, 1971; Amdt. 121-134, 42 FR 27573, May 31, 1977; 
Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]



Sec. 121.103  En route navigation facilities.

    (a) Except as provided in paragraph (b) of this section, each 
certificate holder conducting domestic or flag operations must show, for 
each proposed route (including to any regular, provisional, refueling or 
alternate airports), that suitable navigation aids are available to 
navigate the airplane along the route within the degree of accuracy 
required for ATC. Navigation aids required for approval of routes 
outside of controlled airspace are listed in the certificate holder's 
operations specifications except for those aids required for routes to 
alternate airports.
    (b) Navigation aids are not required for any of the following 
operations--
    (1) Day VFR operations that the certificate holder shows can be 
conducted safely by pilotage because of the characteristics of the 
terrain;
    (2) Night VFR operations on routes that the certificate holder shows 
have reliably lighted landmarks adequate for safe operation; and
    (3) Other operations approved by the certificate holding district 
office.

[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007]

[[Page 66]]



Sec. 121.105  Servicing and maintenance facilities.

    Each certificate holder conducting domestic or flag operations must 
show that competent personnel and adequate facilities and equipment 
(including spare parts, supplies, and materials) are available at such 
points along the certificate holder's route as are necessary for the 
proper servicing, maintenance, and preventive maintenance of airplanes 
and auxiliary equipment.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



Sec. 121.106  ETOPS Alternate Airport: Rescue and fire fighting
service.

    (a) Except as provided in paragraph (b) of this section, the 
following rescue and fire fighting service (RFFS) must be available at 
each airport listed as an ETOPS Alternate Airport in a dispatch or 
flight release.
    (1) For ETOPS up to 180 minutes, each designated ETOPS Alternate 
Airport must have RFFS equivalent to that specified by ICAO as Category 
4, or higher.
    (2) For ETOPS beyond 180 minutes, each designated ETOPS Alternate 
Airport must have RFFS equivalent to that specified by ICAO Category 4, 
or higher. In addition, the aircraft must remain within the ETOPS 
authorized diversion time from an Adequate Airport that has RFFS 
equivalent to that specified by ICAO Category 7, or higher.
    (b) If the equipment and personnel required in paragraph (a) of this 
section are not immediately available at an airport, the certificate 
holder may still list the airport on the dispatch or flight release if 
the airport's RFFS can be augmented to meet paragraph (a) of this 
section from local fire fighting assets. A 30-minute response time for 
augmentation is adequate if the local assets can be notified while the 
diverting airplane is en route. The augmenting equipment and personnel 
must be available on arrival of the diverting airplane and must remain 
as long as the diverting airplane needs RFFS.

[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]



Sec. 121.107  Dispatch centers.

    Each certificate holder conducting domestic or flag operations must 
show that it has enough dispatch centers, adequate for the operations to 
be conducted, that are located at points necessary to ensure proper 
operational control of each flight.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



   Subpart F_Approval of Areas and Routes for Supplemental Operations

    Source: Docket No. 6258, 29 FR 19195, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.111  Applicability.

    This subpart prescribes rules for obtaining approval of areas and 
routes by certificate holders conducting supplemental operations.

[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]



Sec. 121.113  Area and route requirements: General.

    (a) Each certificate holder conducting supplemental operations 
seeking route and area approval must show--
    (1) That it is able to conduct operations within the United States 
in accordance with paragraphs (a) (3) and (4) of this section;
    (2) That it is able to conduct operations in accordance with the 
applicable requirements for each area outside the United States for 
which authorization is requested;
    (3) That it is equipped and able to conduct operations over, and use 
the navigational facilities associated with, the Federal airways, 
foreign airways, or advisory routes (ADR's) to be used; and
    (4) That it will conduct all IFR and night VFR operations over 
Federal airways, foreign airways, controlled airspace, or advisory 
routes (ADR's).
    (b) Notwithstanding paragraph (a)(4) of this section, the 
Administrator may approve a route outside of controlled airspace if the 
certificate holder conducting supplemental operations shows the route is 
safe for operations and the Administrator finds that traffic density is 
such that an adequate level of

[[Page 67]]

safety can be assured. The certificate holder may not use such a route 
unless it is approved by the Administrator and is listed in the 
certificate holder's operations specifications.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.115  Route width.

    (a) Routes and route segments over Federal airways, foreign airways, 
or advisory routes have a width equal to the designated width of those 
airways or advisory routes. Whenever the Administrator finds it 
necessary to determine the width of other routes, he considers the 
following:
    (1) Terrain clearance.
    (2) Minimum en route altitudes.
    (3) Ground and airborne navigation aids.
    (4) Air traffic density.
    (5) ATC procedures.
    (b) Any route widths of other routes determined by the Administrator 
are specified in the certificate holder's operations specifications.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2610, Jan. 26, 1996]



Sec. 121.117  Airports: Required data.

    (a) No certificate holder conducting supplemental operations may use 
any airport unless it is properly equipped and adequate for the proposed 
operation, considering such items as size, surface, obstructions, 
facilities, public protection, lighting, navigational and communications 
aids, and ATC.
    (b) Each certificate holder conducting supplemental operations must 
show that it has an approved system for obtaining, maintaining, and 
distributing to appropriate personnel current aeronautical data for each 
airport it uses to ensure a safe operation at that airport. The 
aeronautical data must include the following:
    (1) Airports.
    (i) Facilities.
    (ii) Public protection.
    (iii) Navigational and communications aids.
    (iv) Construction affecting takeoff, landing, or ground operations.
    (v) Air traffic facilities.
    (2) Runways, clearways, and stopways.
    (i) Dimensions.
    (ii) Surface.
    (iii) Marking and lighting systems.
    (iv) Elevation and gradient.
    (3) Displaced thresholds.
    (i) Location.
    (ii) Dimensions.
    (iii) Takeoff or landing or both.
    (4) Obstacles.
    (i) Those affecting takeoff and landing performance computations in 
accordance with Subpart I of this part.
    (ii) Controlling obstacles.
    (5) Instrument flight procedures.
    (i) Departure procedure.
    (ii) Approach procedure.
    (iii) Missed approach procedure.
    (6) Special information.
    (i) Runway visual range measurement equipment.
    (ii) Prevailing winds under low visibility conditions.
    (c) If the certificate-holding district office charged with the 
overall inspection of the certificate holder's operations finds that 
revisions are necessary for the continued adequacy of the certificate 
holder's system for collection, dissemination, and usage of aeronautical 
data that has been granted approval, the certificate holder shall, after 
notification by the certificate-holding district office, make those 
revisions in the system. Within 30 days after the certificate holder 
receives such notice, the certificate holder may file a petition to 
reconsider the notice with the Director, Flight Standards Service. This 
filing of a petition to reconsider stays the notice pending a decision 
by the Director, Flight Standards Service. However, if the certificate-
holding district office finds that there is an emergency that requires 
immediate action in the interest of safety in air transportation, the 
Director, Flight Standards Service may, upon a statement of the reasons, 
require a change effective without stay.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-162, 
45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; 
Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]



Sec. 121.119  Weather reporting facilities.

    (a) No certificate holder conducting supplemental operations may use 
any

[[Page 68]]

weather report to control flight unless it was prepared and released by 
the U.S. National Weather Service or a source approved by the Weather 
Bureau. For operations outside the U.S., or at U.S. Military airports, 
where those reports are not available, the certificate holder must show 
that its weather reports are prepared by a source found satisfactory by 
the Administrator.
    (b) Each certificate holder conducting supplemental operations that 
uses forecasts to control flight movements shall use forecasts prepared 
from weather reports specified in paragraph (a) of this section.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-76, 
36 FR 13911, July 28, 1971; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]



Sec. 121.121  En route navigation facilities.

    (a) Except as provided in paragraph (b) of this section, no 
certificate holder conducting supplemental operations may conduct any 
operation over a route (including to any destination, refueling or 
alternate airports) unless suitable navigation aids are available to 
navigate the airplane along the route within the degree of accuracy 
required for ATC. Navigation aids required for routes outside of 
controlled airspace are listed in the certificate holder's operations 
specifications except for those aids required for routes to alternate 
airports.
    (b) Navigation aids are not required for any of the following 
operations--
    (1) Day VFR operations that the certificate holder shows can be 
conducted safely by pilotage because of the characteristics of the 
terrain;
    (2) Night VFR operations on routes that the certificate holder shows 
have reliably lighted landmarks adequate for safe operation; and
    (3) Other operations approved by the certificate holding district 
office.

[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007]



Sec. 121.122  Communications facilities--supplemental operations.

    (a) Each certificate holder conducting supplemental operations other 
than all-cargo operations in an airplane with more than two engines must 
show that a two-way radio communication system or other means of 
communication approved by the FAA is available. It must ensure reliable 
and rapid communications under normal operating conditions over the 
entire route (either direct or via approved point-to-point circuits) 
between each airplane and the certificate holder, and between each 
airplane and the appropriate air traffic services, except as specified 
in Sec. 121.351(c).
    (b) Except as provided in paragraph (d) of this section, each 
certificate holder conducting supplemental operations other than all-
cargo operations in an airplane with more than two engines must provide 
voice communications for ETOPS where voice communication facilities are 
available. In determining whether facilities are available, the 
certificate holder must consider potential routes and altitudes needed 
for diversion to ETOPS Alternate Airports. Where facilities are not 
available or are of such poor quality that voice communication is not 
possible, another communication system must be substituted.
    (c) Except as provided in paragraph (d) of this section, for ETOPS 
beyond 180 minutes each certificate holder conducting supplemental 
operations other than all-cargo operations in an airplane with more than 
two engines must have a second communication system in addition to that 
required by paragraph (b) of this section. That system must be able to 
provide immediate satellite-based voice communications of landline 
telephone-fidelity. The system must provide communication capabilities 
between the flight crew and air traffic services and the flight crew and 
the certificate holder. In determining whether such communications are 
available, the certificate holder must consider potential routes and 
altitudes needed for diversion to ETOPS Alternate Airports. Where 
immediate, satellite-based voice communications are not available, or 
are of such poor quality that voice communication is not possible, 
another communication system must be substituted.
    (d) Operators of turbine engine powered airplanes do not need to 
meet the

[[Page 69]]

requirements of paragraphs (b) and (c) of this section until February 
15, 2008.

[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]



Sec. 121.123  Servicing maintenance facilities.

    Each certificate holder conducting supplemental operations must show 
that competent personnel and adequate facilities and equipment 
(including spare parts, supplies, and materials) are available for the 
proper servicing, maintenance, and preventive maintenance of aircraft 
and auxiliary equipment.

[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]



Sec. 121.125  Flight following system.

    (a) Each certificate holder conducting supplemental operations must 
show that it has--
    (1) An approved flight following system established in accordance 
with subpart U of this part and adequate for the proper monitoring of 
each flight, considering the operations to be conducted; and
    (2) Flight following centers located at those points necessary--
    (i) To ensure the proper monitoring of the progress of each flight 
with respect to its departure at the point of origin and arrival at its 
destination, including intermediate stops and diversions therefrom, and 
maintenance or mechanical delays encountered at those points or stops; 
and
    (ii) To ensure that the pilot in command is provided with all 
information necessary for the safety of the flight.
    (b) A certificate holder conducting supplemental operations may 
arrange to have flight following facilities provided by persons other 
than its employees, but in such a case the certificate holder continues 
to be primarily responsible for operational control of each flight.
    (c) A flight following system need not provide for in-flight 
monitoring by a flight following center.
    (d) The certificate holder's operations specifications specify the 
flight following system it is authorized to use and the location of the 
centers.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996]



Sec. 121.127  Flight following system; requirements.

    (a) Each certificate holder conducting supplemental operations using 
a flight following system must show that--
    (1) The system has adequate facilities and personnel to provide the 
information necessary for the initiation and safe conduct of each flight 
to--
    (i) The flight crew of each aircraft; and
    (ii) The persons designated by the certificate holder to perform the 
function of operational control of the aircraft; and
    (2) The system has a means of communication by private or available 
public facilities (such as telephone, telegraph, or radio) to monitor 
the progress of each flight with respect to its departure at the point 
of origin and arrival at its destination, including intermediate stops 
and diversions therefrom, and maintenance or mechanical delays 
encountered at those points or stops.
    (b) The certificate holder conducting supplemental operations must 
show that the personnel specified in paragraph (a) of this section, and 
those it designates to perform the function of operational control of 
the aircraft, are able to perform their required duties.

[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996]



                      Subpart G_Manual Requirements



Sec. 121.131  Applicability.

    This subpart prescribes requirements for preparing and maintaining 
manuals by all certificate holders.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964]



Sec. 121.133  Preparation.

    (a) Each certificate holder shall prepare and keep current a manual 
for the use and guidance of flight, ground operations, and management 
personnel in conducting its operations.

[[Page 70]]

    (b) For the purpose of this subpart, the certificate holder may 
prepare that part of the manual containing maintenance information and 
instructions, in whole or in part, in printed form or other form 
acceptable to the Administrator.

[Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]



Sec. 121.135  Manual contents.

    (a) Each manual required by Sec. 121.133 must--
    (1) Include instructions and information necessary to allow the 
personnel concerned to perform their duties and responsibilities with a 
high degree of safety;
    (2) Be in a form that is easy to revise;
    (3) Have the date of last revision on each page concerned; and
    (4) Not be contrary to any applicable Federal regulation and, in the 
case of a flag or supplemental operation, any applicable foreign 
regulation, or the certificate holder's operations specifications or 
operating certificate.
    (b) The manual may be in two or more separate parts, containing 
together all of the following information, but each part must contain 
that part of the information that is appropriate for each group of 
personnel:
    (1) General policies.
    (2) Duties and responsibilities of each crewmember, appropriate 
members of the ground organization, and management personnel.
    (3) Reference to appropriate Federal Aviation Regulations.
    (4) Flight dispatching and operational control, including procedures 
for coordinated dispatch or flight control or flight following 
procedures, as applicable.
    (5) En route flight, navigation, and communication procedures, 
including procedures for the dispatch or release or continuance of 
flight if any item of equipment required for the particular type of 
operation becomes inoperative or unserviceable en route.
    (6) For domestic or flag operations, appropriate information from 
the en route operations specifications, including for each approved 
route the types of airplanes authorized, the type of operation such as 
VFR, IFR, day, night, etc., and any other pertinent information.
    (7) For supplemental operations, appropriate information from the 
operations specifications, including the area of operations authorized, 
the types of airplanes authorized, the type of operation such as VFR, 
IFR, day, night, etc., and any other pertinent information.
    (8) Appropriate information from the airport operations 
specifications, including for each airport--
    (i) Its location (domestic and flag operations only);
    (ii) Its designation (regular, alternate, provisional, etc.) 
(domestic and flag operations only);
    (iii) The types of airplanes authorized (domestic and flag 
operations only);
    (iv) Instrument approach procedures;
    (v) Landing and takeoff minimums; and
    (vi) Any other pertinent information.
    (9) Takeoff, en route, and landing weight limitations.
    (10) For ETOPS, airplane performance data to support all phases of 
these operations.
    (11) Procedures for familiarizing passengers with the use of 
emergency equipment, during flight.
    (12) Emergency equipment and procedures.
    (13) The method of designating succession of command of flight 
crewmembers.
    (14) Procedures for determining the usability of landing and takeoff 
areas, and for disseminating pertinent information thereon to operations 
personnel.
    (15) Procedures for operating in periods of ice, hail, 
thunderstorms, turbulence, or any potentially hazardous meteorological 
condition.
    (16) Each training program curriculum required by Sec. 121.403.
    (17) Instructions and procedures for maintenance, preventive 
maintenance, and servicing.
    (18) Time limitations, or standards for determining time 
limitations, for overhauls, inspections, and checks of airframes, 
engines, propellers, appliances and emergency equipment.
    (19) Procedures for refueling aircraft, eliminating fuel 
contamination, protection from fire (including electrostatic 
protection), and supervising and protecting passengers during refueling.

[[Page 71]]

    (20) Airworthiness inspections, including instructions covering 
procedures, standards, responsibilities, and authority of inspection 
personnel.
    (21) Methods and procedures for maintaining the aircraft weight and 
center of gravity within approved limits.
    (22) Where applicable, pilot and dispatcher route and airport 
qualification procedures.
    (23) Accident notification procedures.
    (24) After February 15, 2008, for passenger flag operations and for 
those supplemental operations that are not all-cargo operations outside 
the 48 contiguous States and Alaska,
    (i) For ETOPS greater than 180 minutes a specific passenger recovery 
plan for each ETOPS Alternate Airport used in those operations, and
    (ii) For operations in the North Polar Area and South Polar Area a 
specific passenger recovery plan for each diversion airport used in 
those operations.
    (25)(i) Procedures and information, as described in paragraph 
(b)(25)(ii) of this section, to assist each crewmember and person 
performing or directly supervising the following job functions involving 
items for transport on an aircraft:
    (A) Acceptance;
    (B) Rejection;
    (C) Handling;
    (D) Storage incidental to transport;
    (E) Packaging of company material; or
    (F) Loading.
    (ii) Ensure that the procedures and information described in this 
paragraph are sufficient to assist the person in identifying packages 
that are marked or labeled as containing hazardous materials or that 
show signs of containing undeclared hazardous materials. The procedures 
and information must include:
    (A) Procedures for rejecting packages that do not conform to the 
Hazardous Materials Regulations in 49 CFR parts 171 through 180 or that 
appear to contain undeclared hazardous materials;
    (B) Procedures for complying with the hazardous materials incident 
reporting requirements of 49 CFR 171.15 and 171.16 and discrepancy 
reporting requirements of 49 CFR 175.31
    (C) The certificate holder's hazmat policies and whether the 
certificate holder is authorized to carry, or is prohibited from 
carrying, hazardous materials; and
    (D) If the certificate holder's operations specifications permit the 
transport of hazardous materials, procedures and information to ensure 
the following:
    (1) That packages containing hazardous materials are properly 
offered and accepted in compliance with 49 CFR parts 171 through 180;
    (2) That packages containing hazardous materials are properly 
handled, stored, packaged, loaded, and carried on board an aircraft in 
compliance with 49 CFR parts 171 through 180;
    (3) That the requirements for Notice to the Pilot in Command (49 CFR 
175.33) are complied with; and
    (4) That aircraft replacement parts, consumable materials or other 
items regulated by 49 CFR parts 171 through 180 are properly handled, 
packaged, and transported.
    (26) Other information or instructions relating to safety.
    (c) Each certificate holder shall maintain at least one complete 
copy of the manual at its principal base of operations.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-104, 
38 FR 14915, June 7, 1973; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973; 
Amdt. 121-143, 43 FR 22641, May 25, 1978; Amdt. 121-162, 45 FR 46739, 
July 10, 1980; Amdt. 121-251, 60 FR 65926, Dec. 20, 1995; Amdt. 121-250, 
60 FR 65948, Dec. 20, 1995; Amdt. 121-316, 70 FR 58823, Oct. 7, 2005; 
Amdt. 121-329, 72 FR 1879, Jan. 16, 2007]



Sec. 121.137  Distribution and availability.

    (a) Each certificate holder shall furnish copies of the manual 
required by Sec. 121.133 (and the changes and additions thereto) or 
appropriate parts of the manual to--
    (1) Its appropriate ground operations and maintenance personnel;
    (2) Crewmembers; and
    (3) Representatives of the Administrator assigned to it.
    (b) Each person to whom a manual or appropriate parts of it are 
furnished under paragraph (a) of this section shall keep it up-to-date 
with the changes and additions furnished to that person and shall have 
the manual

[[Page 72]]

or appropriate parts of it accessible when performing assigned duties.
    (c) For the purpose of complying with paragraph (a) of this section, 
a certificate holder may furnish the persons listed therein the 
maintenance part of the manual in printed form or other form, acceptable 
to the Administrator, that is retrievable in the English language.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 
35 FR 17176, Nov. 7, 1970; Amdt. 121-162, 45 FR 46739, July 10, 1980; 
Amdt. 121-262, 62 FR 13256, Mar. 19, 1997]



Sec. 121.139  Requirements for manual aboard aircraft: Supplemental
operations.

    (a) Except is provided in paragraph (b) of this section, each 
certificate holder conducting supplemental operations shall carry 
appropriate parts of the manual on each airplane when away from the 
principal base of operations. The appropriate parts must be available 
for use by ground or flight personnel. If the certificate holder carries 
aboard an airplane all or any portion of the maintenance part of its 
manual in other than printed form, it must carry a compatible reading 
device that produces a legible image of the maintenance information and 
instructions or a system that is able to retrieve the maintenance 
information and instructions in the English language.
    (b) If a certificate holder conducting supplemental operations is 
able to perform all scheduled maintenance at specified stations where it 
keeps maintenance parts of the manual, it does not have to carry those 
parts of the manual aboard the aircraft en route to those stations.

[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 12-71, 
35 FR 17176, Nov. 7, 1970; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996; 
Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]



Sec. 121.141  Airplane flight manual.

    (a) Each certificate holder shall keep a current approved airplane 
flight manual for each type of airplane that it operates except for 
nontransport category airplanes certificated before January 1, 1965.
    (b) In each airplane required to have an airplane flight manual in 
paragraph (a) of this section, the certificate holder shall carry either 
the manual required by Sec. 121.133, if it contains the information 
required for the applicable flight manual and this information is 
clearly identified as flight manual requirements, or an approved 
Airplane Manual. If the certificate holder elects to carry the manual 
required by Sec. 121.133, the certificate holder may revise the 
operating procedures sections and modify the presentation of performance 
data from the applicable flight manual if the revised operating 
procedures and modified performance date presentation are--
    (1) Approved by the Administrator; and
    (2) Clearly identified as airplane flight manual requirements.

[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]



                     Subpart H_Aircraft Requirements

    Source: Docket No. 6258, 29 FR 19197, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.151  Applicability.

    This subpart prescribes aircraft requirements for all certificate 
holders.



Sec. 121.153  Aircraft requirements: General.

    (a) Except as provided in paragraph (c) of this section, no 
certificate holder may operate an aircraft unless that aircraft--
    (1) Is registered as a civil aircraft of the United States and 
carries an appropriate current airworthiness certificate issued under 
this chapter; and
    (2) Is in an airworthy condition and meets the applicable 
airworthiness requirements of this chapter, including those relating to 
identification and equipment.
    (b) A certificate holder may use an approved weight and balance 
control system based on average, assumed, or estimated weight to comply 
with applicable airworthiness requirements and operating limitations.
    (c) A certificate holder may operate in common carriage, and for the 
carriage of mail, a civil aircraft which is leased or chartered to it 
without crew

[[Page 73]]

and is registered in a country which is a party to the Convention on 
International Civil Aviation if--
    (1) The aircraft carries an appropriate airworthiness certificate 
issued by the country of registration and meets the registration and 
identification requirements of that country;
    (2) The aircraft is of a type design which is approved under a U.S. 
type certificate and complies with all of the requirements of this 
chapter (14 CFR Chapter 1) that would be applicable to that aircraft 
were it registered in the United States, including the requirements 
which must be met for issuance of a U.S. standard airworthiness 
certificate (including type design conformity, condition for safe 
operation, and the noise, fuel venting, and engine emission requirements 
of this chapter), except that a U.S. registration certificate and a U.S. 
standard airworthiness certificate will not be issued for the aircraft;
    (3) The aircraft is operated by U.S.-certificated airmen employed by 
the certificate holder; and
    (4) The certificate holder files a copy of the aircraft lease or 
charter agreement with the FAA Aircraft Registry, Department of 
Transportation, 6400 South MacArthur Boulevard, Oklahoma City, OK 
(Mailing address: P.O. Box 25504, Oklahoma City, OK 73125).

[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-165, 
45 FR 68649, Oct. 16, 1980]



Sec. 121.155  [Reserved]



Sec. 121.157  Aircraft certification and equipment requirements.

    (a) Airplanes certificated before July 1, 1942. No certificate 
holder may operate an airplane that was type certificated before July 1, 
1942, unless--
    (1) That airplane meets the requirements of Sec. 121.173(c), or
    (2) That airplane and all other airplanes of the same or related 
type operated by that certificate holder meet the performance 
requirements of sections 4a.737-T through 4a.750-T of the Civil Air 
Regulations as in effect on January 31, 1965; or Sec. Sec. 25.45 
through 25.75 and Sec. 121.173(a), (b), (d), and (e) of this title.
    (b) Airplanes certificated after June 30, 1942. Except as provided 
in paragraphs (c), (d), (e), and (f) of this section, no certificate 
holder may operate an airplane that was type certificated after June 30, 
1942, unless it is certificated as a transport category airplane and 
meets the requirements of Sec. 121.173(a), (b), (d), and (e).
    (c) C-46 type airplanes: passenger-carrying operations. No 
certificate holder may operate a C-46 airplane in passenger-carrying 
operations unless that airplane is operated in accordance with the 
operating limitations for transport category airplanes and meets the 
requirements of paragraph (b) of this section or meets the requirements 
of part 4b, as in effect July 20, 1950, and the requirements of Sec. 
121.173 (a), (b), (d) and (e), except that--
    (1) The requirements of sections 4b.0 through 4b.19 as in effect May 
18, 1954, must be complied with;
    (2) The birdproof windshield requirements of section 4b.352 need not 
be complied with;
    (3) The provisions of sections 4b.480 through 4b.490 (except 
sections 4b.484(a)(1) and 4b.487(e)), as in effect May 16, 1953, must be 
complied with; and
    (4) The provisions of paragraph 4b.484(a)(1), as in effect July 20, 
1950, must be complied with.

In determining the takeoff path in accordance with section 4b.116 and 
the one-engine inoperative climb in accordance with section 4b.120 (a) 
and (b), the propeller of the inoperative engine may be assumed to be 
feathered if the airplane is equipped with either an approved means for 
automatically indicating when the particular engine has failed or an 
approved means for automatically feathering the propeller of the 
inoperative engine. The Administrator may authorize deviations from 
compliance with the requirements of sections 4b.130 through 4b.190 and 
subparts C, D, E, and F of part 4b (as designated in this paragraph) if 
he finds that (considering the effect of design changes) compliance is 
extremely difficult to accomplish and that service experience with the 
C-46 airplane justifies the deviation.
    (d) C-46 type airplanes: cargo operations. No certificate holder may 
use a

[[Page 74]]

nontransport category C-46 type airplane in cargo operations unless--
    (1) It is certificated at a maximum gross weight that is not greater 
than 48,000 pounds;
    (2) It meets the requirements of Sec. Sec. 121.199 through 121.205 
using the performance data in appendix C to this part;
    (3) Before each flight, each engine contains at least 25 gallons of 
oil; and
    (4) After December 31, 1964--
    (i) It is powered by a type and model engine as set forth in 
appendix C of this part, when certificated at a maximum gross takeoff 
weight greater than 45,000 pounds; and
    (ii) It complies with the special airworthiness requirement set 
forth in Sec. Sec. 121.213 through 121.287 of this part or in appendix 
C of this part.
    (e) Commuter category airplanes. Except as provided in paragraph (f) 
of this section, no certificate holder may operate under this part a 
nontransport category airplane type certificated after December 31, 
1964, and before March 30, 1995, unless it meets the applicable 
requirements of Sec. 121.173 (a), (b), (d), and (e), and was type 
certificated in the commuter category.
    (f) Other nontransport category airplanes. No certificate holder may 
operate under this part a nontransport category airplane type 
certificated after December 31, 1964, unless it meets the applicable 
requirements of Sec. 121.173 (a), (b), (d), and (e), was manufactured 
before March 20, 1997, and meets one of the following:
    (1) Until December 20, 2010:
    (i) The airplane was type certificated in the normal category before 
July 1, 1970, and meets special conditions issued by the Administrator 
for airplanes intended for use in operations under part 135 of this 
chapter.
    (ii) The airplane was type certificated in the normal category 
before July 19, 1970, and meets the additional airworthiness standards 
in SFAR No. 23, 14 CFR part 23.
    (iii) The airplane was type certificated in the normal category and 
meets the additional airworthiness standards in appendix A of part 135 
of this chapter.
    (iv) The airplane was type certificated in the normal category and 
complies with either section 1.(a) or 1.(b) of SFAR No. 41 of 14 CFR 
part 21.
    (2) The airplane was type certificated in the normal category, meets 
the additional requirements described in paragraphs (f)(1)(i) through 
(f)(1)(iv) of this section, and meets the performance requirements in 
appendix K of this part.
    (g) Certain newly manufactured airplanes. No certificate holder may 
operate an airplane under this part that was type certificated as 
described in paragraphs (f)(1)(i) through (f)(1)(iv) of this section and 
that was manufactured after March 20, 1997, unless it meets the 
performance requirements in appendix K of this part.
    (h) Newly type certificated airplanes. No person may operate under 
this part an airplane for which the application for a type certificate 
is submitted after March 29, 1995, unless the airplane is type 
certificated under part 25 of this chapter.

[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65927, Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996]



Sec. 121.159  Single-engine airplanes prohibited.

    No certificate holder may operate a single-engine airplane under 
this part.

[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]



Sec. 121.161  Airplane limitations: Type of route.

    (a) Except as provided in paragraph (e) of this section, unless 
approved by the Administrator in accordance with Appendix P of this part 
and authorized in the certificate holder's operations specifications, no 
certificate holder may operate a turbine-engine-powered airplane over a 
route that contains a point--
    (1) Farther than a flying time from an Adequate Airport (at a one-
engine-inoperative cruise speed under standard conditions in still air) 
of 60 minutes for a two-engine airplane or 180 minutes for a passenger-
carrying airplane with more than two engines;
    (2) Within the North Polar Area; or
    (3) Within the South Polar Area.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder may operate a land airplane (other

[[Page 75]]

than a DC-3, C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or 
Martin 404) in an extended overwater operation unless it is certificated 
or approved as adequate for ditching under the ditching provisions of 
part 25 of this chapter.
    (c) Until December 20, 2010, a certificate holder may operate, in an 
extended overwater operation, a nontransport category land airplane type 
certificated after December 31, 1964, that was not certificated or 
approved as adequate for ditching under the ditching provisions of part 
25 of this chapter.
    (d) Unless authorized by the Administrator based on the character of 
the terrain, the kind of operation, or the performance of the airplane 
to be used, no certificate holder may operate a reciprocating-engine-
powered airplane over a route that contains a point farther than 60 
minutes flying time (at a one-engine-inoperative cruise speed under 
standard conditions in still air) from an Adequate Airport.
    (e) Operators of turbine-engine powered airplanes with more than two 
engines do not need to meet the requirements of paragraph (a)(1) of this 
section until February 15, 2008.

[Doc. No. 7329, 31 FR 13078, Oct. 8, 1966 as amended by Amdt. 121-162, 
45 FR 46739, July 10, 1980; Amdt. 121-251, 60 FR 65927, Dec. 20, 1995; 
Amdt. 121-329, 72 FR 1879, Jan. 16, 2007]



Sec. 121.162  ETOPS Type Design Approval Basis.

    Except for a passenger-carrying airplane with more than two engines 
manufactured prior to February 17, 2015 and except for a two-engine 
airplane that, when used in ETOPS, is only used for ETOPS of 75 minutes 
or less, no certificate holder may conduct ETOPS unless the airplane has 
been type design approved for ETOPS and each airplane used in ETOPS 
complies with its CMP document as follows:
    (a) For a two-engine airplane, that is of the same model airplane-
engine combination that received FAA approval for ETOPS up to 180 
minutes prior to February 15, 2007, the CMP document for that model 
airplane-engine combination in effect on February 14, 2007.
    (b) For a two-engine airplane, that is not of the same model 
airplane-engine combination that received FAA approval for ETOPS up to 
180 minutes before February 15, 2007, the CMP document for that new 
model airplane-engine combination issued in accordance with Sec. 
25.3(b)(1) of this chapter.
    (c) For a two-engine airplane approved for ETOPS beyond 180 minutes, 
the CMP document for that model airplane-engine combination issued in 
accordance with Sec. 25.3(b)(2) of this chapter.
    (d) For an airplane with more than 2 engines manufactured on or 
after February 17, 2015, the CMP document for that model airplane-engine 
combination issued in accordance with Sec. 25.3(c) of this chapter.

[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]



Sec. 121.163  Aircraft proving tests.

    (a) Initial airplane proving tests. No person may operate an 
airplane not before proven for use in a kind of operation under this 
part or part 135 of this chapter unless an airplane of that type has 
had, in addition to the airplane certification tests, at least 100 hours 
of proving tests acceptable to the Administrator, including a 
representative number of flights into en route airports. The requirement 
for at least 100 hours of proving tests may be reduced by the 
Administrator if the Administrator determines that a satisfactory level 
of proficiency has been demonstrated to justify the reduction. At least 
10 hours of proving flights must be flown at night; these tests are 
irreducible.
    (b) Proving tests for kinds of operations. Unless otherwise 
authorized by the Administrator, for each type of airplane, a 
certificate holder must conduct at least 50 hours of proving tests 
acceptable to the Administrator for each kind of operation it intends to 
conduct, including a representative number of flights into en route 
airports.
    (c) Proving tests for materially altered airplanes. Unless otherwise 
authorized by the Administrator, for each type of airplane that is 
materially altered in design, a certificate holder must conduct at least 
50 hours of proving tests acceptable to the Administrator for

[[Page 76]]

each kind of operation it intends to conduct with that airplane, 
including a representative number of flights into en route airports.
    (d) Definition of materially altered. For the purposes of paragraph 
(c) of this section, a type of airplane is considered to be materially 
altered in design if the alteration includes--
    (1) The installation of powerplants other than those of a type 
similar to those with which it is certificated; or
    (2) Alterations to the aircraft or its components that materially 
affect flight characteristics.
    (e) No certificate holder may carry passengers in an aircraft during 
proving tests, except for those needed to make the test and those 
designated by the Administrator. However, it may carry mail, express, or 
other cargo, when approved.

[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-42, 
33 FR 10330, July 19, 1968; 34 FR 13468, Aug. 21, 1969; Amdt. 121-162, 
45 FR 46739, July 10, 1980; Amdt. 121-251, 60 FR 65927, Dec. 20, 1995]



          Subpart I_Airplane Performance Operating Limitations

    Source: Docket No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 
7, 1965, unless otherwise noted.

    Editorial Note: Nomenclature changes to subpart I appear at 60 FR 
65928, Dec. 20, 1995.



Sec. 121.171  Applicability.

    (a) This subpart prescribes airplane performance operating 
limitations for all certificate holders.
    (b) For purposes of this part, effective length of the runway for 
landing means the distance from the point at which the obstruction 
clearance plane associated with the approach end of the runway 
intersects the centerline of the runway to the far end thereof.
    (c) For the purposes of this subpart, obstruction clearance plane 
means a plane sloping upward from the runway at a slope of 1:20 to the 
horizontal, and tangent to or clearing all obstructions within a 
specified area surrounding the runway as shown in a profile view of that 
area. In the plan view, the centerline of the specified area coincides 
with the centerline of the runway, beginning at the point where the 
obstruction clearance plane intersects the centerline of the runway and 
proceeding to a point at least 1,500 feet from the beginning point. 
Thereafter the centerline coincides with the takeoff path over the 
ground for the runway (in the case of takeoffs) or with the instrument 
approach counterpart (for landings), or, where the applicable one of 
these paths has not been established, it proceeds consistent with turns 
of at least 4,000 foot radius until a point is reached beyond which the 
obstruction clearance plane clears all obstructions. This area extends 
laterally 200 feet on each side of the centerline at the point where the 
obstruction clearance plane intersects the runway and continues at this 
width to the end of the runway; then it increases uniformly to 500 feet 
on each side of the centerline at a point 1,500 feet from the 
intersection of the obstruction clearance plane with the runway; 
thereafter it extends laterally 500 feet on each side of the centerline.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 
41 FR 55475, Dec. 20, 1976]



Sec. 121.173  General.

    (a) Except as provided in paragraph (c) of this section, each 
certificate holder operating a reciprocating-engine-powered airplane 
shall comply with Sec. Sec. 121.175 through 121.187.
    (b) Except as provided in paragraph (c) of this section, each 
certificate holder operating a turbine-engine-powered airplane shall 
comply with the applicable provisions of Sec. Sec. 121.189 through 
121.197, except that when it operates--
    (1) A turbo-propeller-powered airplane type certificated after 
August 29, 1959, but previously type certificated with the same number 
of reciprocating engines, the certificate holder may comply with 
Sec. Sec. 121.175 through 121.187; or
    (2) Until December 20, 2010, a turbo-propeller-powered airplane 
described in Sec. 121.157(f), the certificate holder may comply with 
the applicable performance requirements of appendix K of this part.
    (c) Each certificate holder operating a large nontransport category 
airplane type certificated before January 1, 1965, shall comply with 
Sec. Sec. 121.199 through

[[Page 77]]

121.205 and any determination of compliance must be based only on 
approved performance data.
    (d) The performance data in the Airplane Flight Manual applies in 
determining compliance with Sec. Sec. 121.175 through 121.197. Where 
conditions are different from those on which the performance data is 
based, compliance is determined by interpolation or by computing the 
effects of changes in the specific variables if the results of the 
interpolation or computations are substantially as accurate as the 
results of direct tests.
    (e) Except as provided in paragraph (c) of this section, no person 
may take off a reciprocating-engine-powered airplane at a weight that is 
more than the allowable weight for the runway being used (determined 
under the runway takeoff limitations of the operating rules of 14 CFR 
part 121, subpart I) after taking into account the temperature operating 
correction factors in the applicable Airplane Flight Manual.
    (f) The Administrator may authorize in the operations specifications 
deviations from the requirements in the subpart if special circumstances 
make a literal observance of a requirement unnecessary for safety.
    (g) The ten-mile width specified in Sec. Sec. 121.179 through 
121.183 may be reduced to five miles, for not more than 20 miles, when 
operating VFR or where navigation facilities furnish reliable and 
accurate identification of high ground and obstructions located outside 
of five miles, but within ten miles, on each side of the intended track.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65928, Dec. 20, 1995]



Sec. 121.175  Airplanes: Reciprocating engine-powered: Weight 
limitations.

    (a) No person may take off a reciprocating engine powered airplane 
from an airport located at an elevation outside of the range for which 
maximum takeoff weights have been determined for that airplane.
    (b) No person may take off a reciprocating engine powered airplane 
for an airport of intended destination that is located at an elevation 
outside of the range for which maximum landing weights have been 
determined for that airplane.
    (c) No person may specify, or have specified, an alternate airport 
that is located at an elevation outside of the range for which maximum 
landing weights have been determined for the reciprocating engine 
powered airplane concerned.
    (d) No person may take off a reciprocating engine powered airplane 
at a weight more than the maximum authorized takeoff weight for the 
elevation of the airport.
    (e) No person may take off a reciprocating engine powered airplane 
if its weight on arrival at the airport of destination will be more than 
the maximum authorized landing weight for the elevation of that airport, 
allowing for normal consumption of fuel and oil en route.
    (f) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65928, Dec. 20, 1995]



Sec. 121.177  Airplanes: Reciprocating engine-powered: Takeoff limitations.

    (a) No person operating a reciprocating engine powered airplane may 
takeoff that airplane unless it is possible--
    (1) To stop the airplane safely on the runway, as shown by the 
accelerate stop distance data, at any time during takeoff until reaching 
critical-engine failure speed;
    (2) If the critical engine fails at any time after the airplane 
reaches critical-engine failure speed V1, to continue the 
takeoff and reach a height of 50 feet, as indicated by the takeoff path 
data, before passing over the end of the runway; and
    (3) To clear all obstacles either by at least 50 feet vertically (as 
shown by the takeoff path data) or 200 feet horizontally within the 
airport boundaries and 300 feet horizontally beyond the boundaries, 
without banking before reaching a height of 50 feet (as shown by the 
takeoff path data) and thereafter without banking more than 15 degrees.
    (b) In applying this section, corrections must be made for the 
effective

[[Page 78]]

runway gradient. To allow for wind effect, takeoff data based on still 
air may be corrected by taking into account not more than 50 percent of 
any reported headwind component and not less than 150 percent of any 
reported tailwind component.
    (c) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-159, 
45 FR 41593, June 19, 1980; Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.179  Airplanes: Reciprocating engine-powered: En route 
limitations: All engines operating.

    (a) No person operating a reciprocating engine powered airplane may 
take off that airplane at a weight, allowing for normal consumption of 
fuel and oil, that does not allow a rate of climb (in feet per minute), 
with all engines operating, of at least 6.90 VSo (that is, the number of 
feet per minute is obtained by multiplying the number of knots by 6.90) 
at an altitude of at least 1,000 feet above the highest ground or 
obstruction within ten miles of each side of the intended track.
    (b) This section does not apply to airplanes certificated under part 
4a of the Civil Air Regulations.
    (c) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65928, Dec. 20, 1995]



Sec. 121.181  Airplanes: Reciprocating engine-powered: En route 
limitations: One engine inoperative.

    (a) Except as provided in paragraph (b) of this section, no person 
operating a reciprocating engine powered airplane may take off that 
airplane at a weight, allowing for normal consumption of fuel and oil, 
that does not allow a rate of climb (in feet per minute), with one 
engine inoperative, of at least

(0.079-0.106/N) Vso2


(where N is the number of engines installed and VSo is expressed in 
knots) at an altitude of at least 1,000 feet above the highest ground or 
obstruction within 10 miles of each side of the intended track. However, 
for the purposes of this paragraph the rate of climb for airplanes 
certificated under part 4a of the Civil Air Regulations is 0.026 Vso2.
    (b) In place of the requirements of paragraph (a) of this section, a 
person may, under an approved procedure, operate a reciprocating engine 
powered airplane, at an all-engines-operating altitude that allows the 
airplane to continue, after an engine failure, to an alternate airport 
where a landing can be made in accordance with Sec. 121.187, allowing 
for normal consumption of fuel and oil. After the assumed failure, the 
flight path must clear the ground and any obstruction within five miles 
on each side of the intended track by at least 2,000 feet.
    (c) If an approved procedure under paragraph (b) of this section is 
used, the certificate holder shall comply with the following:
    (1) The rate of climb (as prescribed in the Airplane Flight Manual 
for the appropriate weight and altitude) used in calculating the 
airplane's flight path shall be diminished by an amount, in feet per 
minute, equal to

(0.079-0.106/N) Vso2


(when N is the number of engines installed and VSo is 
expressed in knots) for airplanes certificated under part 25 of this 
chapter and by 0.026 Vso2 for airplanes certificated under part 4a of 
the Civil Air Regulations.
    (2) The all-engines-operating altitude shall be sufficient so that 
in the event the critical engine becomes inoperative at any point along 
the route, the flight will be able to proceed to a predetermined 
alternate airport by use of this procedure. In determining the takeoff 
weight, the airplane is assumed to pass over the critical obstruction 
following engine failure at a point no closer to the critical 
obstruction than the nearest approved radio navigational fix, unless the 
Administrator approves a procedure established on a different basis upon 
finding that adequate operational safeguards exist.
    (3) The airplane must meet the provisions of paragraph (a) of this 
section at 1,000 feet above the airport used as an alternate in this 
procedure.

[[Page 79]]

    (4) The procedure must include an approved method of accounting for 
winds and temperatures that would otherwise adversely affect the flight 
path.
    (5) In complying with this procedure fuel jettisoning is allowed if 
the certificate holder shows that it has an adequate training program, 
that proper instructions are given to the flight crew, and all other 
precautions are taken to insure a safe procedure.
    (6) The certificate holder shall specify in the dispatch or flight 
release an alternate airport that meets the requirements of Sec. 
121.625.
    (d) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.183  Part 25 airplanes with four or more engines: 
Reciprocating engine powered: En route limitations:
Two engines inoperative.

    (a) No person may operate an airplane certificated under part 25 and 
having four or more engines unless--
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets the requirements of Sec. 121.187; or
    (2) It is operated at a weight allowing the airplane, with the two 
critical engines inoperative, to climb at 0.013 Vso2 feet per 
minute (that is, the number of feet per minute is obtained by 
multiplying the number of knots squared by 0.013) at an altitude of 
1,000 feet above the highest ground or obstruction within 10 miles on 
each side of the intended track, or at an altitude of 5,000 feet, 
whichever is higher.
    (b) For the purposes of paragraph (a)(2) of this section, it is 
assumed that--
    (1) The two engines fail at the point that is most critical with 
respect to the takeoff weight:
    (2) Consumption of fuel and oil is normal with all engines operating 
up to the point where the two engines fail and with two engines 
operating beyond that point;
    (3) Where the engines are assumed to fail at an altitude above the 
prescribed minimum altitude, compliance with the prescribed rate of 
climb at the prescribed minimum altitude need not be shown during the 
descent from the cruising altitude to the prescribed minimum altitude, 
if those requirements can be met once the prescribed minimum altitude is 
reached, and assuming descent to be along a net flight path and the rate 
of descent to be 0.013 Vso2 greater than the rate in the 
approved performance data; and
    (4) If fuel jettisoning is provided, the airplane's weight at the 
point where the two engines fail is considered to be not less than that 
which would include enough fuel to proceed to an airport meeting the 
requirements of Sec. 121.187 and to arrive at an altitude of at least 
1,000 feet directly over that airport.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.185  Airplanes: Reciprocating engine-powered: Landing 
limitations: Destination airport.

    (a) Except as provided in paragraph (b) of this section no person 
operating a reciprocating engine powered airplane may take off that 
airplane, unless its weight on arrival, allowing for normal consumption 
of fuel and oil in flight, would allow a full stop landing at the 
intended destination within 60 percent of the effective length of each 
runway described below from a point 50 feet directly above the 
intersection of the obstruction clearance plane and the runway. For the 
purposes of determining the allowable landing weight at the destination 
airport the following is assumed:
    (1) The airplane is landed on the most favorable runway and in the 
most favorable direction in still air.
    (2) The airplane is landed on the most suitable runway considering 
the probable wind velocity and direction (forecast for the expected time 
of arrival), the ground handling characteristics of the type of 
airplane, and other conditions such as landing aids and terrain, and 
allowing for the effect of the landing path and roll of not more than 50 
percent of the headwind component or not less than 150 percent of the 
tailwind component.
    (b) An airplane that would be prohibited from being taken off 
because it

[[Page 80]]

could not meet the requirements of paragraph (a)(2) of this section may 
be taken off if an alternate airport is specified that meets all of the 
requirements of this section except that the airplane can accomplish a 
full stop landing within 70 percent of the effective length of the 
runway.
    (c) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.187  Airplanes: Reciprocating engine-powered: Landing 
limitations: Alternate airport.

    (a) No person may list an airport as an alternate airport in a 
dispatch or flight release unless the airplane (at the weight 
anticipated at the time of arrival at the airport), based on the 
assumptions in Sec. 121.185, can be brought to a full stop landing, 
within 70 percent of the effective length of the runway.
    (b) This section does not apply to large nontransport category 
airplanes operated under Sec. 121.173(c).

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]



Sec. 121.189  Airplanes: Turbine engine powered: Takeoff limitations.

    (a) No person operating a turbine engine powered airplane may take 
off that airplane at a weight greater than that listed in the Airplane 
Flight Manual for the elevation of the airport and for the ambient 
temperature existing at takeoff.
    (b) No person operating a turbine engine powered airplane 
certificated after August 26, 1957, but before August 30, 1959 (SR422, 
422A), may take off that airplane at a weight greater than that listed 
in the Airplane Flight Manual for the minimum distances required for 
takeoff. In the case of an airplane certificated after September 30, 
1958 (SR422A, 422B), the takeoff distance may include a clearway 
distance but the clearway distance included may not be greater than \1/
2\ of the takeoff run.
    (c) No person operating a turbine engine powered airplane 
certificated after August 29, 1959 (SR422B), may take off that airplane 
at a weight greater than that listed in the Airplane Flight Manual at 
which compliance with the following may be shown:
    (1) The accelerate-stop distance must not exceed the length of the 
runway plus the length of any stopway.
    (2) The takeoff distance must not exceed the length of the runway 
plus the length of any clearway except that the length of any clearway 
included must not be greater than one-half the length of the runway.
    (3) The takeoff run must not be greater than the length of the 
runway.
    (d) No person operating a turbine engine powered airplane may take 
off that airplane at a weight greater than that listed in the Airplane 
Flight Manual--
    (1) In the case of an airplane certificated after August 26, 1957, 
but before October 1, 1958 (SR422), that allows a takeoff path that 
clears all obstacles either by at least (35+0.01D) feet vertically (D is 
the distance along the intended flight path from the end of the runway 
in feet), or by at least 200 feet horizontally within the airport 
boundaries and by at least 300 feet horizontally after passing the 
boundaries; or
    (2) In the case of an airplane certificated after September 30, 1958 
(SR 422A, 422B), that allows a net takeoff flight path that clears all 
obstacles either by a height of at least 35 feet vertically, or by at 
least 200 feet horizontally within the airport boundaries and by at 
least 300 feet horizontally after passing the boundaries.
    (e) In determining maximum weights, minimum distances, and flight 
paths under paragraphs (a) through (d) of this section, correction must 
be made for the runway to be used, the elevation of the airport, the 
effective runway gradient, 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)

[[Page 81]]

overlay, and that the operator determines are designed, constructed, and 
maintained in a manner acceptable to the Administrator.
    (f) For the purposes of this section, it is assumed that the 
airplane is not banked before reaching a height of 50 feet, as shown by 
the takeoff path or net takeoff flight path data (as appropriate) in the 
Airplane Flight Manual, and thereafter that the maximum bank is not more 
than 15 degrees.
    (g) For the purposes of this section the terms, takeoff distance, 
takeoff run, net takeoff flight path and takeoff path have the same 
meanings as set forth in the rules under which the airplane was 
certificated.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-268, 
63 FR 8321, Feb. 18, 1998]



Sec. 121.191  Airplanes: Turbine engine powered: En route limitations:
One engine inoperative.

    (a) No person operating a turbine engine powered airplane may take 
off that airplane at a weight, allowing for normal consumption of fuel 
and oil, that is greater than that which (under the approved, one engine 
inoperative, en route net flight path data in the Airplane Flight Manual 
for that airplane) will allow compliance with paragraph (a) (1) or (2) 
of this section, based on the ambient temperatures expected en route:
    (1) There is a positive slope at an altitude of at least 1,000 feet 
above all terrain and obstructions within five statute miles on each 
side of the intended track, and, in addition, if that airplane was 
certificated after August 29, 1959 (SR 422B) there is a positive slope 
at 1,500 feet above the airport where the airplane is assumed to land 
after an engine fails.
    (2) The net flight path allows the airplane to continue flight from 
the cruising altitude to an airport where a landing can be made under 
Sec. 121.197, clearing all terrain and obstructions within five statute 
miles of the intended track by at least 2,000 feet vertically and with a 
positive slope at 1,000 feet above the airport where the airplane lands 
after an engine fails, or, if that airplane was certificated after 
September 30, 1958 (SR 422A, 422B), with a positive slope at 1,500 feet 
above the airport where the airplane lands after an engine fails.
    (b) For the purposes of paragraph (a)(2) of this section, it is 
assumed that--
    (1) The engine fails at the most critical point en route;
    (2) The airplane passes over the critical obstruction, after engine 
failure at a point that is no closer to the obstruction than the nearest 
approved radio navigation fix, unless the Administrator authorizes a 
different procedure based on adequate operational safeguards;
    (3) An approved method is used to allow for adverse winds:
    (4) Fuel jettisoning will be allowed if the certificate holder shows 
that the crew is properly instructed, that the training program is 
adequate, and that all other precautions are taken to insure a safe 
procedure;
    (5) The alternate airport is specified in the dispatch or flight 
release and meets the prescribed weather minimums; and
    (6) The consumption of fuel and oil after engine failure is the same 
as the consumption that is allowed for in the approved net flight path 
data in the Airplane Flight Manual.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as 
amended by Amdt. 121-143, 43 FR 22641, May 25, 1978]



Sec. 121.193  Airplanes: Turbine engine powered: En route limitations:
Two engines inoperative.

    (a) Airplanes certificated after August 26, 1957, but before October 
1, 1958 (SR 422). No person may operate a turbine engine powered 
airplane along an intended route unless he complies with either of the 
following:
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets the requirements of Sec. 121.197.
    (2) Its weight, according to the two-engine-inoperative, en route, 
net flight path data in the Airplane Flight Manual, allows the airplane 
to fly from the point where the two engines are assumed to fail 
simultaneously to an airport that meets the requirements of

[[Page 82]]

Sec. 121.197, with a net flight path (considering the ambient 
temperature anticipated along the track) having a positive slope at an 
altitude of at least 1,000 feet above all terrain and obstructions 
within five miles on each side of the intended track, or at an altitude 
of 5,000 feet, whichever is higher.

For the purposes of paragraph (a)(2) of this section, it is assumed that 
the two engines fail at the most critical point en route, that if fuel 
jettisoning is provided, the airplane's weight at the point where the 
engines fail includes enough fuel to continue to the airport and to 
arrive at an altitude of at least 1,000 feet directly over the airport, 
and that the fuel and oil consumption after engine failure is the same 
as the consumption allowed for in the net flight path data in the 
Airplane Flight Manual.
    (b) Aircraft certificated after September 30, 1958, but before 
August 30, 1959 (SR 422A). No person may operate a turbine engine 
powered airplane along an intended route unless he complies with either 
of the following:
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets the requirements of Sec. 121.197.
    (2) Its weight, according to the two-engine-inoperative, en route, 
net flight path data in the Airplane Flight Manual, allows the airplane 
to fly from the point where the two engines are assumed to fail 
simultaneously to an airport that meets the requirements of Sec. 
121.197, with a net flight path (considering the ambient temperatures 
anticipated along the track) having a positive slope at an altitude of 
at least 1,000 feet above all terrain and obstructions within 5 miles on 
each side of the intended track, or at an altitude of 2,000 feet, 
whichever is higher.

For the purposes of paragraph (b)(2) of this section, it is assumed that 
the two engines fail at the most critical point en route, that the 
airplane's weight at the point where the engines fail includes enough 
fuel to continue to the airport, to arrive at an altitude of at least 
1,500 feet directly over the airport, and thereafter to fly for 15 
minutes at cruise power or thrust, or both, and that the consumption of 
fuel and oil after engine failure is the same as the consumption allowed 
for in the net flight path data in the Airplane Flight Manual.
    (c) Aircraft certificated after August 29, 1959 (SR 422B). No person 
may operate a turbine engine powered airplane along an intended route 
unless he complies with either of the following:
    (1) There is no place along the intended track that is more than 90 
minutes (with all engines operating at cruising power) from an airport 
that meets the requirements of Sec. 121.197.
    (2) Its weight, according to the two-engine inoperative, en route, 
net flight path data in the Airplane Flight Manual, allows the airplane 
to fly from the point where the two engines are assumed to fail 
simultaneously to an airport that meets the requirements of Sec. 
121.197, with the net flight path (considering the ambient temperatures 
anticipated along the track) clearing vertically by at least 2,000 feet 
all terrain and obstructions within five statute miles (4.34 nautical 
miles) on each side of the intended track. For the purposes of this 
subparagraph, it is assumed that--
    (i) The two engines fail at the most critical point en route;
    (ii) The net flight path has a positive slope at 1,500 feet above 
the airport where the landing is assumed to be made after the engines 
fail;
    (iii) Fuel jettisoning will be approved if the certificate holder 
shows that the crew is properly instructed, that the training program is 
adequate, and that all other precautions are taken to ensure a safe 
procedure;
    (iv) The airplane's weight at the point where the two engines are 
assumed to fail provides enough fuel to continue to the airport, to 
arrive at an altitude of at least 1,500 feet directly over the airport, 
and thereafter to fly for 15 minutes at cruise power or thrust, or both; 
and
    (v) The consumption of fuel and oil after the engine failure is the 
same as the consumption that is allowed for in the net flight path data 
in the Airplane Flight Manual.

[[Page 83]]



Sec. 121.195  Airplanes: Turbine engine powered: Landing limitations:
Destination airports.

    (a) No person operating a turbine engine powered airplane may take 
off that airplane at such a weight that (allowing for normal consumption 
of fuel and oil in flight to the destination or alternate airport) the 
weight of the airplane on arrival would exceed the landing weight set 
forth in the Airplane Flight Manual for the elevation of the destination 
or alternate airport and the ambient temperature anticipated at the time 
of landing.
    (b) Except as provided in paragraph (c), (d), or (e) of this 
section, no person operating a turbine engine powered airplane may take 
off that airplane unless its weight on arrival, allowing for normal 
consumption of fuel and oil in flight (in accordance with the landing 
distance set forth in the Airplane Flight Manual for the elevation of 
the destination airport and the wind conditions anticipated there at the 
time of landing), would allow a full stop landing at the intended 
destination airport within 60 percent of the effective length of each 
runway described below from a point 50 feet above the intersection of 
the obstruction clearance plane and the runway. For the purpose of 
determining the allowable landing weight at the destination airport the 
following is assumed:
    (1) The airplane is landed on the most favorable runway and in the 
most favorable direction, in still air.
    (2) The airplane is landed on the most suitable runway considering 
the probable wind velocity and direction and the ground handling 
characteristics of the airplane, and considering other conditions such 
as landing aids and terrain.
    (c) A turbopropeller powered airplane that would be prohibited from 
being taken off because it could not meet the requirements of paragraph 
(b)(2) of this section, may be taken off if an alternate airport is 
specified that meets all the requirements of this section except that 
the airplane can accomplish a full stop landing within 70 percent of the 
effective length of the runway.
    (d) Unless, based on a showing of actual operating landing 
techniques on wet runways, a shorter landing distance (but never less 
than that required by paragraph (b) of this section) has been approved 
for a specific type and model airplane and included in the Airplane 
Flight Manual, no person may takeoff a turbojet powered airplane when 
the appropriate weather reports and forecasts, or a combination thereof, 
indicate that the runways at the destination airport may be wet or 
slippery at the estimated time of arrival unless the effective runway 
length at the destination airport is at least 115 percent of the runway 
length required under paragraph (b) of this section.
    (e) A turbojet powered airplane that would be prohibited from being 
taken off because it could not meet the requirements of paragraph (b)(2) 
of this section may be taken off if an alternate airport is specified 
that meets all the requirements of paragraph (b) of this section.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 
30 FR 8572, July 7, 1965]



Sec. 121.197  Airplanes: Turbine engine powered: Landing limitations:
Alternate airports.

    No person may list an airport as an alternate airport in a dispatch 
or flight release for a turbine engine powered airplane unless (based on 
the assumptions in Sec. 121.195 (b)) that airplane at the weight 
anticipated at the time of arrival can be brought to a full stop landing 
within 70 percent of the effective length of the runway for 
turbopropeller powered airplanes and 60 percent of the effective length 
of the runway for turbojet powered airplanes, from a point 50 feet above 
the intersection of the obstruction clearance plane and the runway. In 
the case of an alternate airport for departure, as provided in Sec. 
121.617, allowance may be made for fuel jettisoning in addition to 
normal consumption of fuel and oil when determining the weight 
anticipated at the time of arrival.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 
30 FR 8572, July 7, 1965; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982]

[[Page 84]]



Sec. 121.198  Cargo service airplanes: Increased zero fuel and landing
weights.

    (a) Notwithstanding the applicable structural provisions of the 
airworthiness regulations but subject to paragraphs (b) through (g) of 
this section, a certificate holder may operate (for cargo service only) 
any of the following airplanes (certificated under part 4b of the Civil 
Air Regulations effective before March 13, 1956) at increased zero fuel 
and landing weights--
    (1) DC-6A, DC-6B, DC-7B, and DC-7C; and
    (2) L1049B, C, D, E, F, G, and H, and the L1649A when modified in 
accordance with supplemental type certificate SA 4-1402.
    (b) The zero fuel weight (maximum weight of the airplane with no 
disposable fuel and oil) and the structural landing weight may be 
increased beyond the maximum approved in full compliance with applicable 
regulations only if the Administrator finds that--
    (1) The increase is not likely to reduce seriously the structural 
strength;
    (2) The probability of sudden fatigue failure is not noticeably 
increased;
    (3) The flutter, deformation, and vibration characteristics do not 
fall below those required by applicable regulations; and
    (4) All other applicable weight limitations will be met.
    (c) No zero fuel weight may be increased by more than five percent, 
and the increase in the structural landing weight may not exceed the 
amount, in pounds, of the increase in zero fuel weight.
    (d) Each airplane must be inspected in accordance with the approved 
special inspection procedures, for operations at increased weights, 
established and issued by the manufacturer of the type of airplane.
    (e) Each airplane operated under this section must be operated in 
accordance with the passenger-carrying performance operating limitations 
prescribed in this part.
    (f) The Airplane Flight Manual for each airplane operated under this 
section must be appropriately revised to include the operating 
limitations and information needed for operation at the increased 
weights.
    (g) Except as provided for the carrying of persons under Sec. 
121.583 each airplane operated at an increased weight under this section 
must, before it is used in passenger service, be inspected under the 
special inspection procedures for return to passenger service 
established and issued by the manufacturer and approved by the 
Administrator.



Sec. 121.199  Nontransport category airplanes: Takeoff limitations.

    (a) No person operating a nontransport category airplane may take 
off that airplane at a weight greater than the weight that would allow 
the airplane to be brought to a safe stop within the effective length of 
the runway, from any point during the takeoff before reaching 105 
percent of minimum control speed (the minimum speed at which an airplane 
can be safely controlled in flight after an engine becomes inoperative) 
or 115 percent of the power off stalling speed in the takeoff 
configuration, whichever is greater.
    (b) For the purposes of this section--
    (1) It may be assumed that takeoff power is used on all engines 
during the acceleration;
    (2) Not more than 50 percent of the reported headwind component, or 
not less than 150 percent of the reported tailwind component, may be 
taken into account;
    (3) The average runway gradient (the difference between the 
elevations of the endpoints of the runway divided by the total length) 
must be considered if it is more than one-half of 1 percent;
    (4) It is assumed that the airplane is operating in standard 
atmosphere; and
    (5) The effective length of the runway for takeoff means the 
distance from the end of the runway at which the takeoff is started to a 
point at which the obstruction clearance plane associated with the other 
end of the runway intersects the runway centerline.

[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 
41 FR 55475, Dec. 20, 1976]

[[Page 85]]



Sec. 121.201  Nontransport category airplanes: En route limitations:
One engine inoperative.

    (a) Except as provided in paragraph (b) of this section, no person 
operating a nontransport category airplane may take off that airplane at 
a weight that does not allow a rate of climb of at least 50 feet a 
minute, with the critical engine inoperative, at an altitude of at least 
1,000 feet above the highest obstruction within five miles on each side 
of the intended track, or 5,000 feet, whichever is higher.
    (b) Notwithstanding paragraph (a) of this section, if the 
Administrator finds that safe operations are not impaired, a person may 
operate the airplane at an altitude that allows the airplane, in case of 
engine failure, to clear all obstructions within 5 miles on each side of 
the intended track by 1,000 feet. If this procedure is used, the rate of 
descent for the appropriate weight and altitude is assumed to be 50 feet 
a minute greater than the rate in the approved performance data. Before 
approving such a procedure, the Administrator considers the following 
for the route, route segment, or area concerned:
    (1) The reliability of wind and weather forecasting.
    (2) The location and kinds of navigation aids.
    (3) The prevailing weather conditions, particularly the frequency 
and amount of turbulence normally encountered.
    (4) Terrain features.
    (5) Air traffic control problems.
    (6) Any other operational factors that affect the operation.
    (c) For the purposes of this section, it is assumed that--
    (1) The critical engine is inoperative;
    (2) The propeller of the inoperative engine is in the minimum drag 
position;
    (3) The wing flaps and landing gear are in the most favorable 
position;
    (4) The operating engines are operating at the maximum continuous 
power available;
    (5) The airplane is operating in standard atmosphere; and
    (6) The weight of the airplane is progressively reduced by the 
anticipated consumption of fuel and oil.



Sec. 121.203  Nontransport category airplanes: Landing limitations:
Destination airport.

    (a) No person operating a nontransport category airplane may take 
off that airplane at a weight that--
    (1) Allowing for anticipated consumption of fuel and oil, is greater 
than the weight that would allow a full stop landing within 60 percent 
of the effective length of the most suitable runway at the destination 
airport; and
    (2) Is greater than the weight allowable if the landing is to be 
made on the runway--
    (i) With the greatest effective length in still air; and
    (ii) Required by the probable wind, taking into account not more 
than 50 percent of the headwind component or not less than 150 percent 
of the tailwind component.
    (b) For the purposes of this section, it is assumed that--
    (1) The airplane passes directly over the intersection of the 
obstruction clearance plane and the runway at a height of 50 feet in a 
steady gliding approach at a true indicated airspeed of at least 1.3 
VSo;
    (2) The landing does not require exceptional pilot skill; and
    (3) The airplane is operating in standard atmosphere.



Sec. 121.205  Nontransport category airplanes: Landing limitations:
Alternate airport.

    No person may list an airport as an alternate airport in a dispatch 
or flight release for a nontransport category airplane unless that 
airplane (at the weight anticipated at the time of arrival) based on the 
assumptions contained in Sec. 121.203, can be brought to a full stop 
landing within 70 percent of the effective length of the runway.



Sec. 121.207  Provisionally certificated airplanes: Operating limitations.

    In addition to the limitations in Sec. 91.317 of this chapter, the 
following limitations apply to the operation of provisionally 
certificated airplanes by certificate holders:
    (a) In addition to crewmembers, each certificate holder may carry on 
such an airplane only those persons who are

[[Page 86]]

listed in Sec. 121.547(c) or who are specifically authorized by both 
the certificate holder and the Administrator.
    (b) Each certificate holder shall keep a log of each flight 
conducted under this section and shall keep accurate and complete 
records of each inspection made and all maintenance performed on the 
airplane. The certificate holder shall make the log and records made 
under this section available to the manufacturer and the Administrator.

[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]



              Subpart J_Special Airworthiness Requirements

    Source: Docket No. 6258, 29 FR 19202, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.211  Applicability.

    (a) This subpart prescribes special airworthiness requirements 
applicable to certificate holders as stated in paragraphs (b) through 
(e) of this section.
    (b) Except as provided in paragraph (d) of this section, each 
airplane type certificated under Aero Bulletin 7A or part 04 of the 
Civil Air Regulations in effect before November 1, 1946 must meet the 
special airworthiness requirements in Sec. Sec. 121.215 through 
121.283.
    (c) Each certificate holder must comply with the requirements of 
Sec. Sec. 121.285 through 121.291.
    (d) If the Administrator determines that, for a particular model of 
airplane used in cargo service, literal compliance with any requirement 
under paragraph (b) of this section would be extremely difficult and 
that compliance would not contribute materially to the objective sought, 
he may require compliance only with those requirements that are 
necessary to accomplish the basic objectives of this part.
    (e) No person may operate under this part a nontransport category 
airplane type certificated after December 31, 1964, unless the airplane 
meets the special airworthiness requirements in Sec. 121.293.

[Doc. No. 28154, 60 FR 65928, Dec. 20, 1995]



Sec. 121.213  [Reserved]



Sec. 121.215  Cabin interiors.

    (a) Except as provided in Sec. 121.312, each compartment used by 
the crew or passengers must meet the requirements of this section.
    (b) Materials must be at least flash resistant.
    (c) The wall and ceiling linings and the covering of upholstering, 
floors, and furnishings must be flame resist ant.
    (d) Each compartment where smoking is to be allowed must be equipped 
with self-contained ash trays that are completely removable and other 
compartments must be placarded against smoking.
    (e) Each receptacle for used towels, papers, and wastes must be of 
fire-resistant material and must have a cover or other means of 
containing possible fires started in the receptacles.

[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-84, 
37 FR 3974, Feb. 24, 1972]



Sec. 121.217  Internal doors.

    In any case where internal doors are equipped with louvres or other 
ventilating means, there must be a means convenient to the crew for 
closing the flow of air through the door when necessary.



Sec. 121.219  Ventilation.

    Each passenger or crew compartment must be suitably ventilated. 
Carbon monoxide concentration may not be more than one part in 20,000 
parts of air, and fuel fumes may not be present. In any case where 
partitions between compartments have louvres or other means allowing air 
to flow between compartments, there must be a means convenient to the 
crew for closing the flow of air through the partitions, when necessary.



Sec. 121.221  Fire precautions.

    (a) Each compartment must be designed so that, when used for storing 
cargo or baggage, it meets the following requirements:
    (1) No compartment may include controls, wiring, lines, equipment, 
or accessories that would upon damage or

[[Page 87]]

failure, affect the safe operation of the airplane unless the item is 
adequately shielded, isolated, or otherwise protected so that it cannot 
be damaged by movement of cargo in the compartment and so that damage to 
or failure of the item would not create a fire hazard in the 
compartment.
    (2) Cargo or baggage may not interfere with the functioning of the 
fire-protective features of the compartment.
    (3) Materials used in the construction of the compartments, 
including tie-down equipment, must be at least flame resistant.
    (4) Each compartment must include provisions for safeguarding 
against fires according to the classifications set forth in paragraphs 
(b) through (f) of this section.
    (b) Class A. Cargo and baggage compartments are classified in the 
``A'' category if--
    (1) A fire therein would be readily discernible to a member of the 
crew while at his station; and
    (2) All parts of the compartment are easily accessible in flight.

There must be a hand fire extinguisher available for each Class A 
compartment.
    (c) Class B. Cargo and baggage compartments are classified in the 
``B'' category if enough access is provided while in flight to enable a 
member of the crew to effectively reach all of the compartment and its 
contents with a hand fire extinguisher and the compartment is so 
designed that, when the access provisions are being used, no hazardous 
amount of smoke, flames, or extinguishing agent enters any compartment 
occupied by the crew or passengers. Each Class B compartment must comply 
with the following:
    (1) It must have a separate approved smoke or fire detector system 
to give warning at the pilot or flight engineer station.
    (2) There must be a hand fire extinguisher available for the 
compartment.
    (3) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (d) Class C. Cargo and baggage compartments are classified in the 
``C'' category if they do not conform with the requirements for the 
``A'', ``B'', ``D'', or ``E'' categories. Each Class C compartment must 
comply with the following:
    (1) It must have a separate approved smoke or fire detector system 
to give warning at the pilot or flight engineer station.
    (2) It must have an approved built-in fire-extinguishing system 
controlled from the pilot or flight engineer station.
    (3) It must be designed to exclude hazardous quantities of smoke, 
flames, or extinguishing agents from entering into any compartment 
occupied by the crew or passengers.
    (4) It must have ventilation and draft controlled so that the 
extinguishing agent provided can control any fire that may start in the 
compartment.
    (5) It must be lined with fire-resistant material, except that 
additional service lining of flame-resistant material may be used.
    (e) Class D. Cargo and baggage compartments are classified in the 
``D'' category if they are so designed and constructed that a fire 
occurring therein will be completely confined without endangering the 
safety of the airplane or the occupants. Each Class D compartment must 
comply with the following:
    (1) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering any compartment occupied by the 
crew or passengers.
    (2) Ventilation and drafts must be controlled within each 
compartment so that any fire likely to occur in the compartment will not 
progress beyond safe limits.
    (3) It must be completely lined with fire-resistant material.
    (4) Consideration must be given to the effect of heat within the 
compartment on adjacent critical parts of the airplane.
    (f) Class E. On airplanes used for the carriage of cargo only, the 
cabin area may be classified as a Class ``E'' compartment. Each Class E 
compartment must comply with the following:
    (1) It must be completely lined with fire-resistant material.

[[Page 88]]

    (2) It must have a separate system of an approved type smoke or fire 
detector to give warning at the pilot or flight engineer station.
    (3) It must have a means to shut off the ventilating air flow to or 
within the compartment and the controls for that means must be 
accessible to the flight crew in the crew compartment.
    (4) It must have a means to exclude hazardous quantities of smoke, 
flames, or noxious gases from entering the flight crew compartment.
    (5) Required crew emergency exits must be accessible under all cargo 
loading conditions.



Sec. 121.223  Proof of compliance with Sec. 121.221.

    Compliance with those provisions of Sec. 121.221 that refer to 
compartment accessibility, the entry of hazardous quantities of smoke or 
extinguishing agent into compartments occupied by the crew or 
passengers, and the dissipation of the extinguishing agent in Class 
``C'' compartments must be shown by tests in flight. During these tests 
it must be shown that no inadvertent operation of smoke or fire 
detectors in other compartments within the airplane would occur as a 
result of fire contained in any one compartment, either during the time 
it is being extinguished, or thereafter, unless the extinguishing system 
floods those compartments simultaneously.



Sec. 121.225  Propeller deicing fluid.

    If combustible fluid is used for propeller deicing, the certificate 
holder must comply with Sec. 121.255.



Sec. 121.227  Pressure cross-feed arrangements.

    (a) Pressure cross-feed lines may not pass through parts of the 
airplane used for carrying persons or cargo unless--
    (1) There is a means to allow crewmembers to shut off the supply of 
fuel to these lines; or
    (2) The lines are enclosed in a fuel and fume-proof enclosure that 
is ventilated and drained to the exterior of the airplane.

However, such an enclosure need not be used if those lines incorporate 
no fittings on or within the personnel or cargo areas and are suitably 
routed or protected to prevent accidental damage.
    (b) Lines that can be isolated from the rest of the fuel system by 
valves at each end must incorporate provisions for relieving excessive 
pressures that may result from exposure of the isolated line to high 
temperatures.



Sec. 121.229  Location of fuel tanks.

    (a) Fuel tanks must be located in accordance with Sec. 121.255.
    (b) No part of the engine nacelle skin that lies immediately behind 
a major air outlet from the engine compartment may be used as the wall 
of an integral tank.
    (c) Fuel tanks must be isolated from personnel compartments by means 
of fume- and fuel-proof enclosures.



Sec. 121.231  Fuel system lines and fittings.

    (a) Fuel lines must be installed and supported so as to prevent 
excessive vibration and so as to be adequate to withstand loads due to 
fuel pressure and accelerated flight conditions.
    (b) Lines connected to components of the airplanes between which 
there may be relative motion must incorporate provisions for 
flexibility.
    (c) Flexible connections in lines that may be under pressure and 
subject to axial loading must use flexible hose assemblies rather than 
hose clamp connections.
    (d) Flexible hose must be of an acceptable type or proven suitable 
for the particular application.



Sec. 121.233  Fuel lines and fittings in designated fire zones.

    Fuel lines and fittings in each designated fire zone must comply 
with Sec. 121.259.



Sec. 121.235  Fuel valves.

    Each fuel valve must--
    (a) Comply with Sec. 121.257;
    (b) Have positive stops or suitable index provisions in the ``on'' 
and ``off'' positions; and
    (c) Be supported so that loads resulting from its operation or from 
accelerated flight conditions are not transmitted to the lines connected 
to the valve.

[[Page 89]]



Sec. 121.237  Oil lines and fittings in designated fire zones.

    Oil line and fittings in each designated fire zone must comply with 
Sec. 121.259.



Sec. 121.239  Oil valves.

    (a) Each oil valve must--
    (1) Comply with Sec. 121.257;
    (2) Have positive stops or suitable index provisions in the ``on'' 
and ``off'' positions; and
    (3) Be supported so that loads resulting from its operation or from 
accelerated flight conditions are not transmitted to the lines attached 
to the valve.
    (b) The closing of an oil shutoff means must not prevent feathering 
the propeller, unless equivalent safety provisions are incorporated.



Sec. 121.241  Oil system drains.

    Accessible drains incorporating either a manual or automatic means 
for positive locking in the closed position, must be provided to allow 
safe drainage of the entire oil system.



Sec. 121.243  Engine breather lines.

    (a) Engine breather lines must be so arranged that condensed water 
vapor that may freeze and obstruct the line cannot accumulate at any 
point.
    (b) Engine breathers must discharge in a location that does not 
constitute a fire hazard in case foaming occurs and so that oil emitted 
from the line does not impinge upon the pilots' windshield.
    (c) Engine breathers may not discharge into the engine air induction 
system.



Sec. 121.245  Fire walls.

    Each engine, auxiliary power unit, fuel-burning heater, or other 
item of combustion equipment that is intended for operation in flight 
must be isolated from the rest of the airplane by means of firewalls or 
shrouds, or by other equivalent means.



Sec. 121.247  Fire-wall construction.

    Each fire wall and shroud must--
    (a) Be so made that no hazardous quantity of air, fluids, or flame 
can pass from the engine compartment to other parts of the airplane;
    (b) Have all openings in the fire wall or shroud sealed with close-
fitting fire-proof grommets, bushings, or firewall fittings;
    (c) Be made of fireproof material; and
    (d) Be protected against corrosion.



Sec. 121.249  Cowling.

    (a) Cowling must be made and supported so as to resist the vibration 
inertia, and air loads to which it may be normally subjected.
    (b) Provisions must be made to allow rapid and complete drainage of 
the cowling in normal ground and flight attitudes. Drains must not 
discharge in locations constituting a fire hazard. Parts of the cowling 
that are subjected to high temperatures because they are near exhaust 
system parts or because of exhaust gas impingement must be made of 
fireproof material. Unless otherwise specified in these regulations all 
other parts of the cowling must be made of material that is at least 
fire resistant.



Sec. 121.251  Engine accessory section diaphragm.

    Unless equivalent protection can be shown by other means, a 
diaphragm that complies with Sec. 121.247 must be provided on air-
cooled engines to isolate the engine power section and all parts of the 
exhaust system from the engine accessory compartment.



Sec. 121.253  Powerplant fire protection.

    (a) Designated fire zones must be protected from fire by compliance 
with Sec. Sec. 121.255 through 121.261.
    (b) Designated fire zones are--
    (1) Engine accessory sections;
    (2) Installations where no isolation is provided between the engine 
and accessory compartment; and
    (3) Areas that contain auxiliary power units, fuel-burning heaters, 
and other combustion equipment.



Sec. 121.255  Flammable fluids.

    (a) No tanks or reservoirs that are a part of a system containing 
flammable fluids or gases may be located in designated fire zones, 
except where the fluid contained, the design of the system, the 
materials used in the tank,

[[Page 90]]

the shutoff means, and the connections, lines, and controls provide 
equivalent safety.
    (b) At least one-half inch of clear airspace must be provided 
between any tank or reservoir and a firewall or shroud isolating a 
designated fire zone.



Sec. 121.257  Shutoff means.

    (a) Each engine must have a means for shutting off or otherwise 
preventing hazardous amounts of fuel, oil, deicer, and other flammable 
fluids from flowing into, within, or through any designated fire zone. 
However, means need not be provided to shut off flow in lines that are 
an integral part of an engine.
    (b) The shutoff means must allow an emergency operating sequence 
that is compatible with the emergency operation of other equipment, such 
as feathering the propeller, to facilitate rapid and effective control 
of fires.
    (c) Shutoff means must be located outside of designated fire zones, 
unless equivalent safety is provided, and it must be shown that no 
hazardous amount of flammable fluid will drain into any designated fire 
zone after a shut off.
    (d) Adequate provisions must be made to guard against inadvertent 
operation of the shutoff means and to make it possible for the crew to 
reopen the shutoff means after it has been closed.



Sec. 121.259  Lines and fittings.

    (a) Each line, and its fittings, that is located in a designated 
fire zone, if it carries flammable fluids or gases under pressure, or is 
attached directly to the engine, or is subject to relative motion 
between components (except lines and fittings forming an integral part 
of the engine), must be flexible and fire-resistant with fire-resistant, 
factory-fixed, detachable, or other approved fire-resistant ends.
    (b) Lines and fittings that are not subject to pressure or to 
relative motion between components must be of fire-resistant materials.



Sec. 121.261  Vent and drain lines.

    All vent and drain lines and their fittings, that are located in a 
designated fire zone must, if they carry flammable fluids or gases, 
comply with Sec. 121.259, if the Administrator finds that the rupture 
or breakage of any vent or drain line may result in a fire hazard.



Sec. 121.263  Fire-extinguishing systems.

    (a) Unless the certificate holder shows that equivalent protection 
against destruction of the airplane in case of fire is provided by the 
use of fireproof materials in the nacelle and other components that 
would be subjected to flame, fire-extinguishing systems must be provided 
to serve all designated fire zones.
    (b) Materials in the fire-extinguishing system must not react 
chemically with the extinguishing agent so as to be a hazard.



Sec. 121.265  Fire-extinguishing agents.

    Only methyl bromide, carbon dioxide, or another agent that has been 
shown to provide equivalent extinguishing action may be used as a fire-
extinguishing agent. If methyl bromide or any other toxic extinguishing 
agent is used, provisions must be made to prevent harmful concentrations 
of fluid or fluid vapors from entering any personnel compartment either 
because of leakage during normal operation of the airplane or because of 
discharging the fire extinguisher on the ground or in flight when there 
is a defect in the extinguishing system. If a methyl bromide system is 
used, the containers must be charged with dry agent and sealed by the 
fire-extinguisher manufacturer or some other person using satisfactory 
recharging equipment. If carbon dioxide is used, it must not be possible 
to discharge enough gas into the personnel compartments to create a 
danger of suffocating the occupants.



Sec. 121.267  Extinguishing agent container pressure relief.

    Extinguishing agent containers must be provided with a pressure 
relief to prevent bursting of the container because of excessive 
internal pressures. The discharge line from the relief connection must 
terminate outside the airplane in a place convenient for inspection on 
the ground. An indicator must be provided at the discharge end

[[Page 91]]

of the line to provide a visual indication when the container has 
discharged.



Sec. 121.269  Extinguishing agent container compartment temperature.

    Precautions must be taken to insure that the extinguishing agent 
containers are installed in places where reasonable temperatures can be 
maintained for effective use of the extinguishing system.



Sec. 121.271  Fire-extinguishing system materials.

    (a) Except as provided in paragraph (b) of this section, each 
component of a fire-extinguishing system that is in a designated fire 
zone must be made of fireproof materials.
    (b) Connections that are subject to relative motion between 
components of the airplane must be made of flexible materials that are 
at least fire-resistant and be located so as to minimize the probability 
of failure.



Sec. 121.273  Fire-detector systems.

    Enough quick-acting fire detectors must be provided in each 
designated fire zone to assure the detection of any fire that may occur 
in that zone.



Sec. 121.275  Fire detectors.

    Fire detectors must be made and installed in a manner that assures 
their ability to resist, without failure, all vibration, inertia, and 
other loads to which they may be normally subjected. Fire detectors must 
be unaffected by exposure to fumes, oil, water, or other fluids that may 
be present.



Sec. 121.277  Protection of other airplane components against fire.

    (a) Except as provided in paragraph (b) of this section, all 
airplane surfaces aft of the nacelles in the area of one nacelle 
diameter on both sides of the nacelle centerline must be made of 
material that is at least fire resistant.
    (b) Paragraph (a) of this section does not apply to tail surfaces 
lying behind nacelles unless the dimensional configuration of the 
airplane is such that the tail surfaces could be affected readily by 
heat, flames, or sparks emanating from a designated fire zone or from 
the engine compartment of any nacelle.



Sec. 121.279  Control of engine rotation.

    (a) Except as provided in paragraph (b) of this section, each 
airplane must have a means of individually stopping and restarting the 
rotation of any engine in flight.
    (b) In the case of turbine engine installations, a means of stopping 
the rotation need be provided only if the Administrator finds that 
rotation could jeopardize the safety of the airplane.



Sec. 121.281  Fuel system independence.

    (a) Each airplane fuel system must be arranged so that the failure 
of any one component does not result in the irrecoverable loss of power 
of more than one engine.
    (b) A separate fuel tank need not be provided for each engine if the 
certificate holder shows that the fuel system incorporates features that 
provide equivalent safety.



Sec. 121.283  Induction system ice prevention.

    A means for preventing the malfunctioning of each engine due to ice 
accumulation in the engine air induction system must be provided for 
each airplane.



Sec. 121.285  Carriage of cargo in passenger compartments.

    (a) Except as provided in paragraph (b), (c), or (d) or this 
section, no certificate holder may carry cargo in the passenger 
compartment of an airplane.
    (b) Cargo may be carried anywhere in the passenger compartment if it 
is carried in an approved cargo bin that meets the following 
requirements:
    (1) The bin must withstand the load factors and emergency landing 
conditions applicable to the passenger seats of the airplane in which 
the bin is installed, multiplied by a factor of 1.15, using the combined 
weight of the bin and the maximum weight of cargo that may be carried in 
the bin.
    (2) The maximum weight of cargo that the bin is approved to carry 
and any instructions necessary to insure proper weight distribution 
within the bin must be conspicuously marked on the bin.

[[Page 92]]

    (3) The bin may not impose any load on the floor or other structure 
of the airplane that exceeds the load limitations of that structure.
    (4) The bin must be attached to the seat tracks or to the floor 
structure of the airplane, and its attachment must withstand the load 
factors and emergency landing conditions applicable to the passenger 
seats of the airplane in which the bin is installed, multiplied by 
either the factor 1.15 or the seat attachment factor specified for the 
airplane, whichever is greater, using the combined weight of the bin and 
the maximum weight of cargo that may be carried in the bin.
    (5) The bin may not be installed in a position that restricts access 
to or use of any required emergency exit, or of the aisle in the 
passenger compartment.
    (6) The bin must be fully enclosed and made of material that is at 
least flame resistant.
    (7) Suitable safeguards must be provided within the bin to prevent 
the cargo from shifting under emergency landing conditions.
    (8) The bin may not be installed in a position that obscures any 
passenger's view of the ``seat belt'' sign ``no smoking'' sign, or any 
required exit sign, unless an auxiliary sign or other approved means for 
proper notification of the passenger is provided.
    (c) Cargo may be carried aft of a bulkhead or divider in any 
passenger compartment provided the cargo is restrained to the load 
factors in Sec. 25.561(b)(3) and is loaded as follows:
    (1) It is properly secured by a safety belt or other tiedown having 
enough strength to eliminate the possibility of shifting under all 
normally anticipated flight and ground conditions.
    (2) It is packaged or covered in a manner to avoid possible injury 
to passengers and passenger compartment occupants.
    (3) It does not impose any load on seats or the floor structure that 
exceeds the load limitation for those components.
    (4) Its location does not restrict access to or use of any required 
emergency or regular exit, or of the aisle in the passenger compartment.
    (5) Its location does not obscure any passenger's view of the ``seat 
belt'' sign, ``no smoking'' sign, or required exit sign, unless an 
auxiliary sign or other approved means for proper notification of the 
passenger is provided.
    (d) Cargo, including carry-on baggage, may be carried anywhere in 
the passenger compartment of a nontransport category airplane type 
certificated after December 31, 1964, if it is carried in an approved 
cargo rack, bin, or compartment installed in or on the airplane, if it 
is secured by an approved means, or if it is carried in accordance with 
each of the following:
    (1) For cargo, it is properly secured by a safety belt or other tie-
down having enough strength to eliminate the possibility of shifting 
under all normally anticipated flight and ground conditions, or for 
carry-on baggage, it is restrained so as to prevent its movement during 
air turbulence.
    (2) It is packaged or covered to avoid possible injury to occupants.
    (3) It does not impose any load on seats or in the floor structure 
that exceeds the load limitation for those components.
    (4) It is not located in a position that obstructs 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, or is located in a 
position that obscures any passenger's view of the ``seat belt'' sign, 
``no smoking'' sign or placard, or any required exit sign, unless an 
auxiliary sign or other approved means for proper notification of the 
passengers is provided.
    (5) It is not carried directly above seated occupants.
    (6) It is stowed in compliance with this section for takeoff and 
landing.
    (7) For cargo-only operations, paragraph (d)(4) of this section does 
not apply if the cargo is loaded so that at least one emergency or 
regular exit is available to provide all occupants of the airplane a 
means of unobstructed exit from the airplane if an emergency occurs.

[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-179, 
47 FR 33390, Aug. 2, 1982; Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]

[[Page 93]]



Sec. 121.287  Carriage of cargo in cargo compartments.

    When cargo is carried in cargo compartments that are designed to 
require the physical entry of a crewmember to extinguish any fire that 
may occur during flight, the cargo must be loaded so as to allow a 
crewmember to effectively reach all parts of the compartment with the 
contents of a hand fire extinguisher.



Sec. 121.289  Landing gear: Aural warning device.

    (a) Except for airplanes that comply with the requirements of Sec. 
25.729 of this chapter on or after January 6, 1992, each airplane must 
have a landing gear aural warning device that functions continuously 
under the following conditions:
    (1) For airplanes with an established approach wing-flap position, 
whenever the wing flaps are extended beyond the maximum certificated 
approach climb configuration position in the Airplane Flight Manual and 
the landing gear is not fully extended and locked.
    (2) For airplanes without an established approach climb wing-flap 
position, whenever the wing flaps are extended beyond the position at 
which landing gear extension is normally performed and the landing gear 
is not fully extended and locked.
    (b) The warning system required by paragraph (a) of this section--
    (1) May not have a manual shutoff;
    (2) Must be in addition to the throttle-actuated device installed 
under the type certification airworthiness requirements; and
    (3) May utilize any part of the throttle-actuated system including 
the aural warning device.
    (c) The flap position sensing unit may be installed at any suitable 
place in the airplane.

[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3638, Mar. 19, 1965; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; 
Amdt. 121-227, 56 FR 63762, Dec. 5, 1991; Amdt. 121-251, 60 FR 65929, 
Dec. 20, 1995]



Sec. 121.291  Demonstration of emergency evacuation procedures.

    (a) Except as provided in paragraph (a)(1) of this section, each 
certificate holder must conduct an actual demonstration of emergency 
evacuation procedures in accordance with paragraph (a) of appendix D to 
this part to show that each type and model of airplane with a seating 
capacity of more than 44 passengers to be used in its passenger-carrying 
operations allows the evacuation of the full capacity, including 
crewmembers, in 90 seconds or less.
    (1) An actual demonstration need not be conducted if that airplane 
type and model has been shown to be in compliance with this paragraph in 
effect on or after October 24, 1967, or, if during type certification, 
with Sec. 25.803 of this chapter in effect on or after December 1, 
1978.
    (2) Any actual demonstration conducted after September 27, 1993, 
must be in accordance with paragraph (a) of appendix D to this part in 
effect on or after that date or with Sec. 25.803 in effect on or after 
that date.
    (b) Each certificate holder conducting operations with airplanes 
with a seating capacity of more than 44 passengers must conduct a 
partial demonstration of emergency evacuation procedures in accordance 
with paragraph (c) of this section upon:
    (1) Initial introduction of a type and model of airplane into 
passenger-carrying operation;
    (2) Changing the number, location, or emergency evacuation duties or 
procedures of flight attendants who are required by Sec. 121.391; or
    (3) Changing the number, location, type of emergency exits, or type 
of opening mechanism on emergency exits available for evacuation.
    (c) In conducting the partial demonstration required by paragraph 
(b) of this section, each certificate holder must:
    (1) Demonstrate the effectiveness of its crewmember emergency 
training and evacuation procedures by conducting a demonstration, not 
requiring passengers and observed by the Administrator, in which the 
flight attendants for that type and model of airplane, using that 
operator's line operating procedures, open 50 percent of the required 
floor-level emergency exits and 50 percent of the required non-floor-
level emergency exits whose opening by a flight attendant is defined as 
an emergency evacuation duty under

[[Page 94]]

Sec. 121.397, and deploy 50 percent of the exit slides. The exits and 
slides will be selected by the administrator and must be ready for use 
within 15 seconds;
    (2) Apply for and obtain approval from the certificate-holding 
district office before conducting the demonstration;
    (3) Use flight attendants in this demonstration who have been 
selected at random by the Administrator, have completed the certificate 
holder's FAA-approved training program for the type and model of 
airplane, and have passed a written or practical examination on the 
emergency equipment and procedures; and
    (4) Apply for and obtain approval from the certificate-holding 
district office before commencing operations with this type and model 
airplane.
    (d) Each certificate holder operating or proposing to operate one or 
more landplanes in extended overwater operations, or otherwise required 
to have certain equipment under Sec. 121.339, must show, by simulated 
ditching conducted in accordance with paragraph (b) of appendix D to 
this part, that it has the ability to efficiently carry out its ditching 
procedures. For certificate holders subject to Sec. 121.2(a)(1), this 
paragraph applies only when a new type or model airplane is introduced 
into the certificate holder's operations after January 19, 1996.
    (e) For a type and model airplane for which the simulated ditching 
specified in paragraph (d) has been conducted by a part 121 certificate 
holder, the requirements of paragraphs (b)(2), (b)(4), and (b)(5) of 
appendix D to this part are complied with if each life raft is removed 
from stowage, one life raft is launched and inflated (or one slide life 
raft is inflated) and crewmembers assigned to the inflated life raft 
display and describe the use of each item of required emergency 
equipment. The life raft or slide life raft to be inflated will be 
selected by the Administrator.

[Doc. No. 21269, 46 FR 61453, Dec. 17, 1981, as amended by Amdt. 121-
233, 58 FR 45230, Aug. 26, 1993; Amdt. 121-251, 60 FR 65929, Dec. 20, 
1995; Amdt. 121-307, 69 FR 67499, Nov. 17, 2004]



Sec. 121.293  Special airworthiness requirements for nontransport 
category airplanes type certificated after December 31, 1964.

    No certificate holder may operate a nontransport category airplane 
manufactured after December 20, 1999 unless the airplane contains a 
takeoff warning system that meets the requirements of 14 CFR 25.703. 
However, the takeoff warning system does not have to cover any device 
for which it has been demonstrated that takeoff with that device in the 
most adverse position would not create a hazardous condition.

[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]



Sec. 121.295  Location for a suspect device.

    After November 28, 2009, all airplanes with a maximum certificated 
passenger seating capacity of more than 60 persons must have a location 
where a suspected explosive or incendiary device found in flight can be 
placed to minimize the risk to the airplane.

[Doc. No. FAA-2006-26722, 73 FR 63880, Oct. 28, 2008]



             Subpart K_Instrument and Equipment Requirements

    Source: Docket No. 6258, 29 FR 19205, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.301  Applicability.

    This subpart prescribes instrument and equipment requirements for 
all certificate holders.



Sec. 121.303  Airplane instruments and equipment.

    (a) Unless otherwise specified, the instrument and equipment 
requirements of this subpart apply to all operations under this part.
    (b) Instruments and equipment required by Sec. Sec. 121.305 through 
121.359 and 121.803 must be approved and installed in accordance with 
the airworthiness requirements applicable to them.
    (c) Each airspeed indicator must be calibrated in knots, and each 
airspeed limitation and item of related information in the Airplane 
Flight Manual and pertinent placards must be expressed in knots.
    (d) Except as provided in Sec. Sec. 121.627(b) and 121.628, no 
person may take off any

[[Page 95]]

airplane unless the following instruments and equipment are in operable 
condition:
    (1) Instruments and equipment required to comply with airworthiness 
requirements under which the airplane is type certificated and as 
required by Sec. Sec. 121.213 through 121.283 and 121.289.
    (2) Instruments and equipment specified in Sec. Sec. 121.305 
through 121.321, 121.359, 121.360, and 121.803 for all operations, and 
the instruments and equipment specified in Sec. Sec. 121.323 through 
121.351 for the kind of operation indicated, wherever these items are 
not already required by paragraph (d)(1) of this section.

[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-44, 
33 FR 14406, Sept. 25, 1968; Amdt. 121-65, 35 FR 12709, Aug. 11, 1970; 
Amdt. 121-114, 39 FR 44440, Dec. 24, 1974; Amdt. 121-126, 40 FR 55314, 
Nov. 28, 1975; Amdt. 121-222, 56 FR 12310, Mar. 22, 1991; Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]



Sec. 121.305  Flight and navigational equipment.

    No person may operate an airplane unless it is equipped with the 
following flight and navigational instruments and equipment:
    (a) An airspeed indicating system with heated pitot tube or 
equivalent means for preventing malfunctioning due to icing.
    (b) A sensitive altimeter.
    (c) A sweep-second hand clock (or approved equivalent).
    (d) A free-air temperature indicator.
    (e) A gyroscopic bank and pitch indicator (artificial horizon).
    (f) A gyroscopic rate-of-turn indicator combined with an integral 
slip-skid indicator (turn-and-bank indicator) except that only a slip-
skid indicator is required when a third attitude instrument system 
usable through flight attitudes of 360[deg] of pitch and roll is 
installed in accordance with paragraph (k) of this section.
    (g) A gyroscopic direction indicator (directional gyro or 
equivalent).
    (h) A magnetic compass.
    (i) A vertical speed indicator (rate-of-climb indicator).
    (j) On the airplane described in this paragraph, in addition to two 
gyroscopic bank and pitch indicators (artificial horizons) for use at 
the pilot stations, a third such instrument is installed in accordance 
with paragraph (k) of this section:
    (1) On each turbojet powered airplane.
    (2) On each turbopropeller powered airplane having a passenger-seat 
configuration of more than 30 seats, excluding each crewmember seat, or 
a payload capacity of more than 7,500 pounds.
    (3) On each turbopropeller powered airplane having a passenger-seat 
configuration of 30 seats or fewer, excluding each crewmember seat, and 
a payload capacity of 7,500 pounds or less that is manufactured on or 
after March 20, 1997.
    (4) After December 20, 2010, on each turbopropeller powered airplane 
having a passenger seat configuration of 10-30 seats and a payload 
capacity of 7,500 pounds or less that was manufactured before March 20, 
1997.
    (k) When required by paragraph (j) of this section, a third 
gyroscopic bank-and-pitch indicator (artificial horizon) that:
    (1) Is powered from a source independent of the electrical 
generating system;
    (2) Continues reliable operation for a minimum of 30 minutes after 
total failure of the electrical generating system;
    (3) Operates independently of any other attitude indicating system;
    (4) Is operative without selection after total failure of the 
electrical generating system;
    (5) Is located on the instrument panel in a position acceptable to 
the Administrator that will make it plainly visible to and usable by 
each pilot at his or her station; and
    (6) Is appropriately lighted during all phases of operation.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-57, 
35 FR 304, Jan. 8, 1970; Amdt. 121-60, 35 FR 7108, May 6, 1970; Amdt. 
121-81, 36 FR 23050, Dec. 3, 1971; Amdt. 121-130, 41 FR 47229, Oct. 28, 
1976; Amdt. 121-230, 58 FR 12158, Mar. 3, 1993; Amdt. 121-251, 60 FR 
65929, Dec. 20, 1995; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997]



Sec. 121.306  Portable electronic devices.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate, nor may any operator or pilot in

[[Page 96]]

command of an aircraft allow the operation of, any portable electronic 
device on any U.S.-registered civil aircraft operating under this part.
    (b) Paragraph (a) of this section does not apply to--
    (1) Portable voice recorders;
    (2) Hearing aids;
    (3) Heart pacemakers;
    (4) Electric shavers; or
    (5) Any other portable electronic device that the part 119 
certificate holder has determined will not cause interference with the 
navigation or communication system of the aircraft on which it is to be 
used.
    (c) The determination required by paragraph (b)(5) of this section 
shall be made by that part 119 certificate holder operating the 
particular device to be used.

[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]



Sec. 121.307  Engine instruments.

    Unless the Administrator allows or requires different 
instrumentation for turbine engine powered airplanes to provide 
equivalent safety, no person may conduct any operation under this part 
without the following engine instruments:
    (a) A carburetor air temperature indicator for each engine.
    (b) A cylinder head temperature indicator for each air-cooled 
engine.
    (c) A fuel pressure indicator for each engine.
    (d) A fuel flowmeter or fuel mixture indicator for each engine not 
equipped with an automatic altitude mixture control.
    (e) A means for indicating fuel quantity in each fuel tank to be 
used.
    (f) A manifold pressure indicator for each engine.
    (g) An oil pressure indicator for each engine.
    (h) An oil quantity indicator for each oil tank when a transfer or 
separate oil reserve supply is used.
    (i) An oil-in temperature indicator for each engine.
    (j) A tachometer for each engine.
    (k) An independent fuel pressure warning device for each engine or a 
master warning device for all engines with a means for isolating the 
individual warning circuits from the master warning device.
    (l) A device for each reversible propeller, to indicate to the pilot 
when the propeller is in reverse pitch, that complies with the 
following:
    (1) The device may be actuated at any point in the reversing cycle 
between the normal low pitch stop position and full reverse pitch, but 
it may not give an indication at or above the normal low pitch stop 
position.
    (2) The source of indication must be actuated by the propeller blade 
angle or be directly responsive to it.



Sec. 121.308  Lavatory fire protection.

    (a) Except as provided in paragraphs (c) and (d) of this section, no 
person may operate a passenger-carrying airplane unless each lavatory in 
the airplane is equipped with a smoke detector system or equivalent that 
provides a warning light in the cockpit or provides a warning light or 
audio warning in the passenger cabin which would be readily detected by 
a flight attendant, taking into consideration the positioning of flight 
attendants throughout the passenger compartment during various phases of 
flight.
    (b) Except as provided in paragraph (c) of this section, no person 
may operate a passenger-carrying airplane unless each lavatory in the 
airplane is equipped with a built-in fire extinguisher for each disposal 
receptacle for towels, paper, or waste located within the lavatory. The 
built-in fire extinguisher must be designed to discharge automatically 
into each disposal receptacle upon occurrence of a fire in the 
receptacle.
    (c) Until December 22, 1997, a certificate holder described in Sec. 
121.2(a) (1) or (2) may operate an airplane with a passenger seat 
configuration of 30 or fewer seats that does not comply with the smoke 
detector system requirements described in paragraph (a) of this section 
and the fire extinguisher requirements described in paragraph (b) of 
this section.
    (d) After December 22, 1997, no person may operate a nontransport 
category airplane type certificated after December 31, 1964, with a 
passenger seat configuration of 10-19 seats unless that

[[Page 97]]

airplane complies with the smoke detector system requirements described 
in paragraph (a) of this section, except that the smoke detector system 
or equivalent must provide a warning light in the cockpit or an audio 
warning that would be readily detected by the flightcrew.

[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]



Sec. 121.309  Emergency equipment.

    (a) General: No person may operate an airplane unless it is equipped 
with the emergency equipment listed in this section and in Sec. 
121.310.
    (b) Each item of emergency and flotation equipment listed in this 
section and in Sec. Sec. 121.310, 121.339, and 121.340--
    (1) Must be inspected regularly in accordance with inspection 
periods established in the operations specifications to ensure its 
condition for continued serviceability and immediate readiness to 
perform its intended emergency purposes;
    (2) Must be readily accessible to the crew and, with regard to 
equipment located in the passenger compartment, to passengers;
    (3) Must be clearly identified and clearly marked to indicate its 
method of operation; and
    (4) When carried in a compartment or container, must be carried in a 
compartment or container marked as to contents and the compartment or 
container, or the item itself, must be marked as to date of last 
inspection.
    (c) Hand fire extinguishers for crew, passenger, cargo, and galley 
compartments. Hand fire extinguishers of an approved type must be 
provided for use in crew, passenger, cargo, and galley compartments in 
accordance with the following:
    (1) The type and quantity of extinguishing agent must be suitable 
for the kinds of fires likely to occur in the compartment where the 
extinguisher is intended to be used and, for passenger compartments, 
must be designed to minimize the hazard of toxic gas concentrations.
    (2) Cargo compartments. At least one hand fire extinguisher must be 
conveniently located for use in each class E cargo compartment that is 
accessible to crewmembers during flight.
    (3) Galley compartments. At least one hand fire extinguisher must be 
conveniently located for use in each galley located in a compartment 
other than a passenger, cargo, or crew compartment.
    (4) Flightcrew compartment. At least one hand fire extinguisher must 
be conveniently located on the flight deck for use by the flightcrew.
    (5) Passenger compartments. Hand fire extinguishers for use in 
passenger compartments must be conveniently located and, when two or 
more are required, uniformly distributed throughout each compartment. 
Hand fire extinguishers shall be provided in passenger compartments as 
follows:
    (i) For airplanes having passenger seats accommodating more than 6 
but fewer than 31 passengers, at least one.
    (ii) For airplanes having passenger seats accommodating more than 30 
but fewer than 61 passengers, at least two.
    (iii) For airplanes having passenger seats accommodating more than 
60 passengers, there must be at least the following number of hand fire 
extinguishers:

                Minimum Number of Hand Fire Extinguishers
Passenger seating accommodations:
  61 through 200.................................................      3
  201 through 300................................................      4
  301 through 400................................................      5
  401 through 500................................................      6
  501 through 600................................................      7
  601 or more....................................................      8
 

    (6) Notwithstanding the requirement for uniform distribution of hand 
fire extinguishers as prescribed in paragraph (c)(5) of this section, 
for those cases where a galley is located in a passenger compartment, at 
least one hand fire extinguisher must be conveniently located and easily 
accessible for use in the galley.
    (7) At least two of the required hand fire extinguisher installed in 
passenger-carrying airplanes must contain Halon 1211 
(bromochlorofluoromethane) or equivalent as the extinguishing agent. At 
least one hand fire extinguisher in the passenger compartment must 
contain Halon 1211 or equivalent.
    (d) [Reserved]
    (e) Crash ax. Except for nontransport category airplanes type 
certificated

[[Page 98]]

after December 31, 1964, each airplane must be equipped with a crash ax.
    (f) Megaphones. Each passenger-carrying airplane must have a 
portable battery-powered megaphone or megaphones readily accessible to 
the crewmembers assigned to direct emergency evacuation, installed as 
follows:
    (1) One megaphone on each airplane with a seating capacity of more 
than 60 and less than 100 passengers, at the most rearward location in 
the passenger cabin where it would be readily accessible to a normal 
flight attendant seat. However, the Administrator may grant a deviation 
from the requirements of this subparagraph if he finds that a different 
location would be more useful for evacuation of persons during an 
emergency.
    (2) Two megaphones in the passenger cabin on each airplane with a 
seating capacity of more than 99 passengers, one installed at the 
forward end and the other at the most rearward location where it would 
be readily accessible to a normal flight attendant seat.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]

    Editorial Note: For Federal Register citations affecting Sec. 
121.309, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 121.310  Additional emergency equipment.

    (a) Means for emergency evacuation. Each passenger-carrying 
landplane emergency exit (other than over-the-wing) that is more than 6 
feet from the ground with the airplane on the ground and the landing 
gear extended, must have an approved means to assist the occupants in 
descending to the ground. The assisting means for a floor-level 
emergency exit must meet the requirements of Sec. 25.809(f)(1) of this 
chapter in effect on April 30, 1972, except that, for any airplane for 
which the application for the type certificate was filed after that 
date, it must meet the requirements under which the airplane was type 
certificated. An assisting means that deploys automatically must be 
armed during taxiing, takeoffs, and landings. However, if the 
Administrator finds that the design of the exit makes compliance 
impractical, he may grant a deviation from the requirement of automatic 
deployment if the assisting means automatically erects upon deployment 
and, with respect to required emergency exits, if an emergency 
evacuation demonstration is conducted in accordance with Sec. 
121.291(a). This paragraph does not apply to the rear window emergency 
exit of DC-3 airplanes operated with less than 36 occupants, including 
crewmembers and less than five exits authorized for passenger use.
    (b) Interior emergency exit marking. The following must be complied 
with for each passenger-carrying airplane:
    (1) Each passenger emergency exit, its means of access, and its 
means of opening must be conspicuously marked. The identity and location 
of each passenger emergency exit must be recognizable from a distance 
equal to the width of the cabin. The location of each passenger 
emergency exit must be indicated by a sign visible to occupants 
approaching along the main passenger aisle. There must be a locating 
sign--
    (i) Above the aisle near each over-the-wing passenger emergency 
exit, or at another ceiling location if it is more practical because of 
low headroom;
    (ii) Next to each floor level passenger emergency exit, except that 
one sign may serve two such exits if they both can be seen readily from 
that sign; and
    (iii) On each bulkhead or divider that prevents fore and aft vision 
along the passenger cabin, to indicate emergency exits beyond and 
obscured by it, except that if this is not possible the sign may be 
placed at another appropriate location.
    (2) Each passenger emergency exit marking and each locating sign 
must meet the following:
    (i) Except as provided in paragraph (b)(2)(iii) of this section, for 
an airplane for which the application for the type certificate was filed 
prior to May 1, 1972, each passenger emergency exit marking and each 
locating sign must be manufactured to meet the requirements of Sec. 
25.812(b) of this chapter in effect on April 30, 1972. On these 
airplanes, no sign may continue to be used if its luminescence 
(brightness) decreases to below 100 microlamberts. The colors may be 
reversed if it increases the emergency illumination of the passenger 
compartment. However,

[[Page 99]]

the Administrator may authorize deviation from the 2-inch background 
requirements if he finds that special circumstances exist that make 
compliance impractical and that the proposed deviation provides an 
equivalent level of safety.
    (ii) For a transport category airplane for which the application for 
the type certificate was filed on or after May 1, 1972, each passenger 
emergency exit marking and each locating sign must be manufactured to 
meet the interior emergency exit marking requirements under which the 
airplane was type certificated. On these airplanes, no sign may continue 
to be used if its luminescence (brightness) decreases to below 250 
microlamberts.
    (iii) For a nontransport category turbopropeller powered airplane 
type certificated after December 31, 1964, each passenger emergency exit 
marking and each locating sign must be manufactured to meet the 
requirements of Sec. 23.811(b) of this chapter. On these airplanes, no 
sign may continue to be used if its luminescence (brightness) decreases 
to below 100 microlamberts.
    (c) Lighting for interior emergency exit markings. Except for 
nontransport category airplanes type certificated after December 31, 
1964, each passenger-carrying airplane must have an emergency lighting 
system, independent of the main lighting system. However, sources of 
general cabin illumination may be common to both the emergency and the 
main lighting systems if the power supply to the emergency lighting 
system is independent of the power supply to the main lighting system.
    The emergency lighting system must--
    (1) Illuminate each passenger exit marking and locating sign;
    (2) Provide enough general lighting in the passenger cabin so that 
the average illumination when measured at 40-inch intervals at seat 
armrest height, on the centerline of the main passenger aisle, is at 
least 0.05 foot-candles; and
    (3) For airplanes type certificated after January 1, 1958, after 
November 26, 1986, include floor proximity emergency escape path marking 
which meets the requirements of Sec. 25.812(e) of this chapter in 
effect on November 26, 1984.
    (d) Emergency light operation. Except for lights forming part of 
emergency lighting subsystems provided in compliance with Sec. 
25.812(h) of this chapter (as prescribed in paragraph (h) of this 
section) that serve no more than one assist means, are independent of 
the airplane's main emergency lighting systems, and are automatically 
activated when the assist means is deployed, each light required by 
paragraphs (c) and (h) of this section must comply with the following:
    (1) Each light must--
    (i) Be operable manually both from the flightcrew station and, for 
airplanes on which a flight attendant is required, from a point in the 
passenger compartment that is readily accessible to a normal flight 
attendant seat;
    (ii) Have a means to prevent inadvertent operation of the manual 
controls; and
    (iii) When armed or turned on at either station, remain lighted or 
become lighted upon interruption of the airplane's normal electric 
power.
    (2) Each light must be armed or turned on during taxiing, takeoff, 
and landing. In showing compliance with this paragraph a transverse 
vertical separation of the fuselage need not be considered.
    (3) Each light must provide the required level of illumination for 
at least 10 minutes at the critical ambient conditions after emergency 
landing.
    (4) Each light must have a cockpit control device that has an 
``on,'' ``off,'' and ``armed'' position.
    (e) Emergency exit operating handles. (1) For a passenger-carrying 
airplane for which the application for the type certificate was filed 
prior to May 1, 1972, the location of each passenger emergency exit 
operating handle, and instructions for opening the exit, must be shown 
by a marking on or near the exit that is readable from a distance of 30 
inches. In addition, for each Type I and Type II emergency exit with a 
locking mechanism released by rotary motion of the handle, the 
instructions for opening must be shown by--
    (i) A red arrow with a shaft at least three-fourths inch wide and a 
head twice the width of the shaft, extending

[[Page 100]]

along at least 70[deg] of arc at a radius approximately equal to three-
fourths of the handle length; and
    (ii) The word ``open'' in red letters 1 inch high placed 
horizontally near the head of the arrow.
    (2) For a passenger-carrying airplane for which the application for 
the type certificate was filed on or after May 1, 1972, the location of 
each passenger emergency exit operating handle and instructions for 
opening the exit must be shown in accordance with the requirements under 
which the airplane was type certificated. On these airplanes, no 
operating handle or operating handle cover may continue to be used if 
its luminescence (brightness) decreases to below 100 microlamberts.
    (f) Emergency exit access. Access to emergency exits must be 
provided as follows for each passenger-carrying transport category 
airplane:
    (1) Each passage way between individual passenger areas, or leading 
to a Type I or Type II emergency exit, must be unobstructed and at least 
20 inches wide.
    (2) For each Type I or Type II emergency exit equipped with an 
assist means, there must be enough space next to the exit to allow a 
crewmember to assist in the evacuation of passengers without reducing 
the unobstructed width of the passageway below that required in 
paragraph (f)(1) of this section. In addition, all airplanes 
manufactured on or after November 26, 2008 must comply with the 
provisions of Sec. Sec. 25.813(b)(1), (b)(2), (b)(3) and (b)(4) in 
effect on November 26, 2004. However, a deviation from this requirement 
may be authorized for an airplane certificated under the provisions of 
part 4b of the Civil Air Regulations in effect before December 20, 1951, 
if the Administrator finds that special circumstances exist that provide 
an equivalent level of safety.
    (3) There must be access from the main aisle to each Type III and 
Type IV exit. The access from the aisle to these exits must not be 
obstructed by seats, berths, or other protrusions in a manner that would 
reduce the effectiveness of the exit. In addition--
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the access must meet the 
requirements of Sec. 25.813(c) of this chapter in effect on April 30, 
1972; and
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the access must meet the 
emergency exit access requirements under which the airplane was type 
certificated; except that,
    (iii) After December 3, 1992, the access for an airplane type 
certificated after January 1, 1958, must meet the requirements of Sec. 
25.813(c) of this chapter, effective June 3, 1992.
    (iv) Contrary provisions of this section notwithstanding, the 
Manager of the Transport Airplane Directorate, Aircraft Certification 
Service, Federal Aviation Administration, may authorize deviation from 
the requirements of paragraph (f)(3)(iii) of this section if it is 
determined that special circumstances make compliance impractical. Such 
special circumstances include, but are not limited to, the following 
conditions when they preclude achieving compliance with Sec. 
25.813(c)(1)(i) or (ii) without a reduction in the total number of 
passenger seats: emergency exits located in close proximity to each 
other; fixed installations such as lavatories, galleys, etc.; 
permanently mounted bulkheads; an insufficient number of rows ahead of 
or behind the exit to enable compliance without a reduction in the seat 
row pitch of more than one inch; or an insufficient number of such rows 
to enable compliance without a reduction in the seat row pitch to less 
than 30 inches. A request for such grant of deviation must include 
credible reasons as to why literal compliance with Sec. 25.813(c)(1)(i) 
or (ii) is impractical and a description of the steps taken to achieve a 
level of safety as close to that intended by Sec. 25.813(c)(1)(i) or 
(ii) as is practical.
    (v) The Manager of the Transport Airplane Directorate, Aircraft 
Certification Service, Federal Aviation Administration, may also 
authorize a compliance date later than December 3, 1992, if it is 
determined that special circumstances make compliance by that date 
impractical. A request for such grant of deviation must outline the 
airplanes for which compliance will be achieved by December 3, 1992, and

[[Page 101]]

include a proposed schedule for incremental compliance of the remaining 
airplanes in the operator's fleet. In addition, the request must include 
credible reasons why compliance cannot be achieved earlier.
    (4) If it is necessary to pass through a passageway between 
passenger compartments to reach any required emergency exit from any 
seat in the passenger cabin, the passageway must not be obstructed. 
However, curtains may be used if they allow free entry through the 
passageway.
    (5) No door may be installed in any partition between passenger 
compartments.
    (6) No person may operate an airplane manufactured after November 
27, 2006, that incorporates a door installed between any passenger seat 
occupiable for takeoff and landing and any passenger emergency exit, 
such that the door crosses any egress path (including aisles, 
crossaisles and passageways).
    (7) If it is necessary to pass through a doorway separating the 
passenger cabin from other areas to reach required emergency exit from 
any passenger seat, the door must have a means to latch it in open 
position, and the door must be latched open during each takeoff and 
landing. The latching means must be able to withstand the loads imposed 
upon it when the door is subjected to the ultimate inertia forces, 
relative to the surrounding structure, listed in Sec. 25.561(b) of this 
chapter.
    (g) Exterior exit markings. Each passenger emergency exit and the 
means of opening that exit from the outside must be marked on the 
outside of the airplane. There must be a 2-inch colored band outlining 
each passenger emergency exit on the side of the fuselage. Each outside 
marking, including the band, must be readily distinguishable from the 
surrounding fuselage area by contrast in color. The markings must comply 
with the following:
    (1) If the reflectance of the darker color is 15 percent or less, 
the reflectance of the lighter color must be at least 45 percent.
    (2) If the reflectance of the darker color is greater than 15 
percent, at least a 30 percent difference between its reflectance and 
the reflectance of the lighter color must be provided.
    (3) Exits that are not in the side of the fuselage must have the 
external means of opening and applicable instructions marked 
conspicuously in red or, if red is inconspicuous against the background 
color, in bright chrome yellow and, when the opening means for such an 
exit is located on only one side of the fuselage, a conspicuous marking 
to that effect must be provided on the other side. Reflectance is the 
ratio of the luminous flux reflected by a body to the luminous flux it 
receives.
    (h) Exterior emergency lighting and escape route. (1) Except for 
nontransport category airplanes certificated after December 31, 1964, 
each passenger-carrying airplane must be equipped with exterior lighting 
that meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of Sec. 
25.812 (f) and (g) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the exterior emergency 
lighting requirements under which the airplane was type certificated.
    (2) Each passenger-carrying airplane must be equipped with a slip-
resistant escape route that meets the following requirements:
    (i) For an airplane for which the application for the type 
certificate was filed prior to May 1, 1972, the requirements of Sec. 
25.803(e) of this chapter in effect on April 30, 1972.
    (ii) For an airplane for which the application for the type 
certificate was filed on or after May 1, 1972, the slip-resistant escape 
route requirements under which the airplane was type certificated.
    (i) Floor level exits. Each floor level door or exit in the side of 
the fuselage (other than those leading into a cargo or baggage 
compartment that is not accessible from the passenger cabin) that is 44 
or more inches high and 20 or more inches wide, but not wider than 46 
inches, each passenger ventral exit (except the ventral exits on M-404 
and CV-240 airplanes), and each tail cone

[[Page 102]]

exit, must meet the requirements of this section for floor level 
emergency exits. However, the Administrator may grant a deviation from 
this paragraph if he finds that circumstances make full compliance 
impractical and that an acceptable level of safety has been achieved.
    (j) Additional emergency exits. Approved emergency exits in the 
passenger compartments that are in excess of the minimum number of 
required emergency exits must meet all of the applicable provisions of 
this section except paragraphs (f)(1), (2), and (3) of this section and 
must be readily accessible.
    (k) On each large passenger-carrying turbojet-powered airplane, each 
ventral exit and tailcone exit must be--
    (1) Designed and constructed so that it cannot be opened during 
flight; and
    (2) Marked with a placard readable from a distance of 30 inches and 
installed at a conspicuous location near the means of opening the exit, 
stating that the exit has been designed and constructed so that it 
cannot be opened during flight.
    (l) Emergency exit features. (1) Each transport category airplane 
manufactured after November 26, 2007 must comply with the provisions of 
Sec. 25.809(i) and
    (2) After November 26, 2007 each transport category airplane must 
comply with the provisions of Sec. 25.813(b)(6)(ii) in effect on 
November 26, 2007.
    (m) Except for an airplane used in operations under this part on 
October 16, 1987, and having an emergency exit configuration installed 
and authorized for operation prior to October 16, 1987, for an airplane 
that is required to have more than one passenger emergency exit for each 
side of the fuselage, no passenger emergency exit shall be more than 60 
feet from any adjacent passenger emergency exit on the same side of the 
same deck of the fuselage, as measured parallel to the airplane's 
longitudinal axis between the nearest exit edges.
    (n) Portable lights. No person may operate a passenger-carrying 
airplane unless it is equipped with flashlight stowage provisions 
accessible from each flight attendant seat.

[Doc. No. 2033, 30 FR 3205, Mar. 9, 1965]

    Editorial Note: For Federal Register citations affecting Sec. 
121.310, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 121.311  Seats, safety belts, and shoulder harnesses.

    (a) No person may operate an airplane unless there are available 
during the takeoff, en route flight, and landing--
    (1) An approved seat or berth for each person on board the airplane 
who has reached his second birthday; and
    (2) An approved safety belt for separate use by each person on board 
the airplane who has reached his second birthday, except that two 
persons occupying a berth may share one approved safety belt and two 
persons occupying a multiple lounge or divan seat may share one approved 
safety belt during en route flight only.
    (b) Except as provided in this paragraph, each person on board an 
airplane operated under this part shall occupy an approved seat or berth 
with a separate safety belt properly secured about him or her during 
movement on the surface, takeoff, and landing. A safety belt provided 
for the occupant of a seat may not be used by more than one person who 
has reached his or her second birthday. Notwithstanding the preceding 
requirements, a child may:
    (1) Be held by an adult who is occupying an approved seat or berth, 
provided the child has not reached his or her second birthday and the 
child does not occupy or use any restraining device; or
    (2) Notwithstanding any other requirement of this chapter, occupy an 
approved child restraint system furnished by the certificate holder or 
one of the persons described in paragraph (b)(2)(i) of this section, 
provided:
    (i) The child is accompanied by a parent, guardian, or attendant 
designated by the child's parent or guardian to attend to the safety of 
the child during the flight;
    (ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, 
the approved child restraint system bears one or more labels as follows:
    (A) Seats manufactured to U.S. standards between January 1, 1981, 
and February 25, 1985, must bear the label:

[[Page 103]]

``This child restraint system conforms to all applicable Federal motor 
vehicle safety standards.''
    (B) Seats manufactured to U.S. standards on or after February 26, 
1985, must bear two labels:
    (1) ``This child restraint system conforms to all applicable Federal 
motor vehicle safety standards''; and
    (2) ``THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND 
AIRCRAFT'' in red lettering;
    (C) Seats that do not qualify under paragraphs (B)(2)(ii)(A) and 
(b)(2)(ii)(B) of this section must bear a label or markings showing:
    (1) That the seat was approved by a foreign government;
    (2) That the seat was manufactured under the standards of the United 
Nations; or
    (3) That the seat or child restraint device furnished by the 
certificate holder was approved by the FAA through Type Certificate or 
Supplemental Type Certificate.
    (4) That the seat or child restraint device furnished by the 
certificate holder, or one of the persons described in paragraph (b) (2) 
(i) of this section, was approved by the FAA in accordance with Sec. 
21.305(d) or Technical Standard Order C-100b, or a later version.
    (D) Except as provided in Sec. 121.311(b)(2)(ii)(C)(3) and Sec. 
121.311(b)(2)(ii)(C)(4), 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
    (iii) The certificate holder complies with the following 
requirements:
    (A) The restraint system must be properly secured to an approved 
forward-facing seat or berth;
    (B) The child must be properly secured in the restraint system and 
must not exceed the specified weight limit for the restraint system; and
    (C) The restraint system must bear the appropriate label(s).
    (c) Except as provided in paragraph (c)(3) of this section, the 
following prohibitions apply to certificate holders:
    (1) Except as provided in Sec. 121.311(b)(2)(ii)(C)(3) and Sec. 
121.311(b)(2)(ii)(C)(4), no certificate holder may permit a child, in an 
aircraft, to occupy a booster-type child restraint system, a vest-type 
child restraint system, a harness-type child restraint system, or a lap 
held child restraint system during take off, landing, and movement on 
the surface.
    (2) Except as required in paragraph (c)(1) of this section, no 
certificate holder may prohibit a child, if requested by the child's 
parent, guardian, or designated attendant, from occupying a child 
restraint system furnished by the child's parent, guardian, or 
designated attendant provided--
    (i) The child holds a ticket for an approved seat or berth or such 
seat or berth is otherwise made available by the certificate holder for 
the child's use;
    (ii) The requirements of paragraph (b)(2)(i) of this section are 
met;
    (iii) The requirements of paragraph (b)(2)(iii) of this section are 
met; and
    (iv) The child restraint system has one or more of the labels 
described in paragraphs (b)(2)(ii)(A) through (b)(2)(ii)(C) of this 
section.
    (3) This section does not prohibit the certificate holder from 
providing child restraint systems authorized by this section or, 
consistent with safe operating practices, determining the most 
appropriate passenger seat location for the child restraint system.
    (d) Each sideward facing seat must comply with the applicable 
requirements of Sec. 25.785(c) of this chapter.
    (e) Except as provided in paragraphs (e)(1) through (e)(3) of this 
section, no certificate holder may take off or land an airplane unless 
each passenger seat back is in the upright position. Each passenger 
shall comply with instructions given by a crewmember in compliance with 
this paragraph.
    (1) This paragraph does not apply to seat backs placed in other than 
the upright position in compliance with Sec. 121.310(f)(3).
    (2) This paragraph does not apply to seats on which cargo or persons 
who are unable to sit erect for a medical reason are carried in 
accordance with procedures in the certificate holder's

[[Page 104]]

manual if the seat back does not obstruct any passenger's access to the 
aisle or to any emergency exit.
    (3) On airplanes with no flight attendant, the certificate holder 
may take off or land as long as the flightcrew instructs each passenger 
to place his or her seat back in the upright position for takeoff and 
landing.
    (f) No person may operate a transport category airplane that was 
type certificated after January 1, 1958, or a nontransport category 
airplane manufactured after March 20, 1997, unless it is equipped at 
each flight deck station with a combined safety belt and shoulder 
harness that meets the applicable requirements specified in Sec. 25.785 
of this chapter, effective March 6, 1980, except that--
    (1) Shoulder harnesses and combined safety belt and shoulder 
harnesses that were approved and installed before March 6, 1980, may 
continue to be used; and
    (2) Safety belt and shoulder harness restraint systems may be 
designed to the inertia load factors established under the certification 
basis of the airplane.
    (g) Each flight attendant must have a seat for takeoff and landing 
in the passenger compartment that meets the requirements of Sec. 25.785 
of this chapter, effective March 6, 1980, except that--
    (1) Combined safety belt and shoulder harnesses that were approved 
and installed before March, 6, 1980, may continue to be used; and
    (2) Safety belt and shoulder harness restraint systems may be 
designed to the inertia load factors established under the certification 
basis of the airplane.
    (3) The requirements of Sec. 25.785(h) do not apply to passenger 
seats occupied by flight attendants not required by Sec. 121.391.
    (h) Each occupant of a seat equipped with a shoulder harness or with 
a combined safety belt and shoulder harness must have the shoulder 
harness or combined safety belt and shoulder harness properly secured 
about that occupant during takeoff and landing, except that a shoulder 
harness that is not combined with a safety belt may be unfastened if the 
occupant cannot perform the required duties with the shoulder harness 
fastened.
    (i) At each unoccupied seat, the safety belt and shoulder harness, 
if installed, must be secured so as not to interfere with crewmembers in 
the performance of their duties or with the rapid egress of occupants in 
an emergency.
    (j) After October 27, 2009, no person may operate a transport 
category airplane type certificated after January 1, 1958 and 
manufactured on or after October 27, 2009 in passenger-carrying 
operations under this part unless all passenger and flight attendant 
seats on the airplane meet the requirements of Sec. 25.562 in effect on 
or after June 16, 1988.

[Doc No. 7522, 32 FR 13267, Sept. 20, 1967]

    Editorial Note: For Federal Register citations affecting Sec. 
121.311, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 121.312  Materials for compartment interiors.

    (a) All interior materials; transport category airplanes and 
nontransport category airplanes type certificated before January 1, 
1965. Except for the materials covered by paragraph (b) of this section, 
all materials in each compartment of a transport category airplane, or a 
nontransport category airplane type certificated before January 1, 1965, 
used by the crewmembers and passengers, must meet the requirements of 
Sec. 25.853 of this chapter in effect as follows, or later amendment 
thereto:
    (1) Airplane with passenger seating capacity of 20 or more--(i) 
Manufactured after August 19, 1988, but prior to August 20, 1990. Except 
as provided in paragraph (a)(3)(ii) of this section, each airplane with 
a passenger capacity of 20 or more and manufactured after August 19, 
1988, but prior to August 20, 1990, must comply with the heat release 
rate testing provisions of Sec. 25.853(d) in effect March 6, 1995 
(formerly Sec. 25.853(a-1) in effect on August 20, 1986) (see App. L of 
this part), except that the total heat release over the first 2 minutes 
of sample exposure must not exceed 100 kilowatt minutes per square meter 
and the peak heat release rate must not exceed 100 kilowatts per square 
meter.

[[Page 105]]

    (ii) Manufactured after August 19, 1990. Each airplane with a 
passenger capacity of 20 or more and manufactured after August 19, 1990, 
must comply with the heat release rate and smoke testing provisions of 
Sec. 25.853(d) in effect March 6, 1995 (formerly Sec. 25.853(a-1)(see 
app. L of this part) in effect on September 26, 1988).
    (2) Substantially complete replacement of the cabin interior on or 
after May 1, 1972--(i) Airplane for which the application for type 
certificate was filed prior to May 1, 1972. Except as provided in 
paragraph (a)(3)(i) or (a)(3)(ii) of this section, each airplane for 
which the application for type certificate was filed prior to May 1, 
1972, must comply with the provisions of Sec. 25.853 in effect on April 
30, 1972, regardless of passenger capacity, if there is a substantially 
complete replacement of the cabin interior after April 30, 1972.
    (ii) Airplane for which the application for type certificate was 
filed on or after May 1, 1972. Except as provided in paragraph (a)(3)(i) 
or (a)(3)(ii) of this section, each airplane for which the application 
for type certificate was filed on or after May 1, 1972, must comply with 
the material requirements under which the airplane was type 
certificated, regardless of passenger capacity, if there is a 
substantially complete replacement of the cabin interior on or after 
that date.
    (3) Airplane type certificated after January 1, 1958, with passenger 
capacity of 20 or more--(i) Substantially complete replacement of the 
cabin interior on or after March 6, 1995. Except as provided in 
paragraph (a)(3)(ii) of this section, each airplane that was type 
certificated after January 1, 1958, and has a passenger capacity of 20 
or more, must comply with the heat release rate testing provisions of 
Sec. 25.853(d) in effect March 6, 1995 (formerly Sec. 25.853(a-1) in 
effect on August 20, 1986)(see app. L of this part), if there is a 
substantially complete replacement of the cabin interior components 
identified in Sec. 25.853(d), on or after that date, except that the 
total heat release over the first 2 minutes of sample exposure shall not 
exceed 100 kilowatt-minutes per square meter and the peak heat release 
rate must not exceed 100 kilowatts per square meter.
    (ii) Substantially complete replacement of the cabin interior on or 
after August 20, 1990. Each airplane that was type certificated after 
January 1, 1958, and has a passenger capacity of 20 or more, must comply 
with the heat release rate and smoke testing provisions of Sec. 
25.853(d) in effect March 6, 1995 (formerly Sec. 25.853(a-1) in effect 
on September 26, 1988)(see app. L of this part), if there is a 
substantially complete replacement of the cabin interior components 
identified in Sec. 25.853(d), on or after August 20, 1990.
    (4) Contrary provisions of this section notwithstanding, the Manager 
of the Transport Airplane Directorate, Aircraft Certification Service, 
Federal Aviation Administration, may authorize deviation from the 
requirements of paragraph (a)(1)(i), (a)(1)(ii), (a)(3)(i), or 
(a)(3)(ii) of this section for specific components of the cabin interior 
that do not meet applicable flammability and smoke emission 
requirements, if the determination is made that special circumstances 
exist that make compliance impractical. Such grants of deviation will be 
limited to those airplanes manufactured within 1 year after the 
applicable date specified in this section and those airplanes in which 
the interior is replaced within 1 year of that date. A request for such 
grant of deviation must include a thorough and accurate analysis of each 
component subject to Sec. 25.853(a-1), the steps being taken to achieve 
compliance, and, for the few components for which timely compliance will 
not be achieved, credible reasons for such noncompliance.
    (5) Contrary provisions of this section notwithstanding, galley 
carts and galley standard containers that do not meet the flammability 
and smoke emission requirements of Sec. 25.853(d) in effect March 6, 
1995 (formerly Sec. 25.853(a-1)) (see app. L of this part) may be used 
in airplanes that must meet the requirements of paragraphs (a)(1)(i), 
(a)(1)(ii), (a)(3)(i), or (a)(3)(ii) of this section, provided the 
galley carts or standard containers were manufactured prior to March 6, 
1995.
    (b) Seat cushions. Seat cushions, except those on flight crewmember 
seats, in each compartment occupied by crew or passengers, must comply 
with the

[[Page 106]]

requirements pertaining to seat cushions in Sec. 25.853(c) effective on 
November 26, 1984, on each airplane as follows:
    (1) Each transport category airplane type certificated after January 
1, 1958; and
    (2) On or after December 20, 2010, each nontransport category 
airplane type certificated after December 31, 1964.
    (c) All interior materials; airplanes type certificated in 
accordance with SFAR No. 41 of 14 CFR part 21. No person may operate an 
airplane that conforms to an amended or supplemental type certificate 
issued in accordance with SFAR No. 41 of 14 CFR part 21 for a maximum 
certificated takeoff weight in excess of 12,500 pounds unless the 
airplane meets the compartment interior requirements set forth in Sec. 
25.853(a) in effect March 6, 1995 (formerly Sec. 25.853(a), (b), (b-1), 
(b-2), and (b-3) of this chapter in effect on September 26, 1978)(see 
app. L of this part).
    (d) All interior materials; other airplanes. For each material or 
seat cushion to which a requirement in paragraphs (a), (b), or (c) of 
this section does not apply, the material and seat cushion in each 
compartment used by the crewmembers and passengers must meet the 
applicable requirement under which the airplane was type certificated.
    (e) 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 is installed in the fuselage as replacements 
after September 2, 2005, the insulation must meet the flame propagation 
requirements of Sec. 25.856 of this chapter, effective September 2, 
2003, if it is:
    (i) Of a blanket construction or
    (ii) Installed around air ducting.
    (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.
    (3) For airplanes with a passenger capacity of 20 or greater, 
manufactured after September 2, 2009, thermal/acoustic insulation 
materials installed in the lower half of the fuselage must meet the 
flame penetration resistance requirements of Sec. 25.856 of this 
chapter, effective September 2, 2003.

[Doc. No. 28154, 60 FR 65930, Dec. 20, 1995, as amended by Amdt. 121-
301, 68 FR 45083, July 31, 2003; Amdt. 121-320, 70 FR 77752, Dec. 30, 
2005; Amdt. 121-330, 72 FR 1442, Jan. 12, 2007]



Sec. 121.313  Miscellaneous equipment.

    No person may conduct any operation unless the following equipment 
is installed in the airplane:
    (a) If protective fuses are installed on an airplane, the number of 
spare fuses approved for that airplane and appropriately described in 
the certificate holder's manual.
    (b) A windshield wiper or equivalent for each pilot station.
    (c) A power supply and distribution system that meets the 
requirements of Sec. Sec. 25.1309, 25.1331, 25.1351(a) and (b)(1) 
through (4), 25.1353, 25.1355, and 25.1431(b) or that is able to produce 
and distribute the load for the required instruments and equipment, with 
use of an external power supply if any one power source or component of 
the power distribution system fails. The use of common elements in the 
system may be approved if the Administrator finds that they are designed 
to be reasonably protected against malfunctioning. Engine-driven sources 
of energy, when used, must be on separate engines.
    (d) A means for indicating the adequacy of the power being supplied 
to required flight instruments.
    (e) Two independent static pressure systems, vented to the outside 
atmospheric pressure so that they will be least affected by air flow 
variation or moisture or other foreign matter, and installed so as to be 
airtight except for the vent. When a means is provided for transferring 
an instrument from its primary operating system to an alternate system, 
the means must include a positive positioning control and must be marked 
to indicate clearly which system is being used.
    (f) A door between the passenger and pilot compartments (i.e., 
flightdeck door), with a locking means to prevent passengers from 
opening it without the

[[Page 107]]

pilot's permission, except that nontransport category airplanes 
certificated after December 31, 1964, are not required to comply with 
this paragraph. For airplanes equipped with a crew rest area having 
separate entries from the flightdeck and the passenger compartment, a 
door with such a locking means must be provided between the crew rest 
area and the passenger compartment.
    (g) A key for each door that separates a passenger compartment from 
another compartment that has emergency exit provisions. Except for 
flightdeck doors, a key must be readily available for each crewmember. 
Except as provided below, no person other than a person who is assigned 
to perform duty on the flightdeck may have a key to the flightdeck door. 
Before April 22, 2003, any crewmember may have a key to the flightdeck 
door but only if the flightdeck door has an internal flightdeck locking 
device installed, operative, and in use. Such ``internal flightdeck 
locking device'' has to be designed so that it can only be unlocked from 
inside the flightdeck.
    (h) A placard on each door that is the means of access to a required 
passenger emergency exit, to indicate that it must be open during 
takeoff and landing.
    (i) A means for the crew, in an emergency to unlock each door that 
leads to a compartment that is normally accessible to passengers and 
that can be locked by passengers.
    (j) After April 9, 2003, for airplanes required by paragraph (f) of 
this section to have a door between the passenger and pilot or crew rest 
compartments, and for transport category, all-cargo airplanes that have 
a door installed between the pilot compartment and any other occupied 
compartment on January 15, 2002;
    (1) After April 9, 2003, for airplanes required by paragraph (f) of 
this section to have a door between the passenger and pilot or crew rest 
compartments,
    (i) Each such door must meet the requirements of Sec. 25.795(a)(1) 
and (2) in effect on January 15, 2002; and
    (ii) Each operator must establish methods to enable a flight 
attendant to enter the pilot compartment in the event that a flightcrew 
member becomes incapacitated. Any associated signal or confirmation 
system must be operable by each flightcrew member from that flightcrew 
member's duty station.
    (2) After October 1, 2003, for transport category, all-cargo 
airplanes that had a door installed between the pilot compartment and 
any other occupied compartment on or after January 15, 2002, each such 
door must meet the requirements of Sec. 25.795(a)(1) and (2) in effect 
on January 15, 2002; or the operator must implement a security program 
approved by the Transportation Security Administration (TSA) for the 
operation of all airplanes in that operator's fleet.
    (k) Except for all-cargo operations as defined in Sec. 110.2 of 
this chapter, for all passenger-carrying airplanes that require a 
lockable flightdeck door in accordance with paragraph (f) of this 
section, a means to monitor from the flightdeck side of the door the 
area outside the flightdeck door to identify persons requesting entry 
and to detect suspicious behavior and potential threats.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-5, 
30 FR 6113, Apr. 30, 1965; Amdt. 121-251, 60 FR 65931, Dec. 20, 1995; 
Amdt. 121-288, 67 FR 2127, Jan. 15, 2002; Amdt. 121-299, 68 FR 42881, 
July 18, 2003; Amdt. 121-334, 72 FR 45635, Aug. 15, 2007; Amdt. 121-353, 
76 FR 7488, Feb. 10, 2011]



Sec. 121.314  Cargo and baggage compartments.

    For each transport category airplane type certificated after January 
1, 1958:
    (a) Each Class C or Class D compartment, as defined in Sec. 25.857 
of this Chapter in effect on June 16, 1986 (see Appendix L to this 
part), that is greater than 200 cubic feet in volume must have ceiling 
and sidewall liner panels which are constructed of:
    (1) Glass fiber reinforced resin;
    (2) Materials which meet the test requirements of part 25, appendix 
F, part III of this chapter; or
    (3) In the case of liner installations approved prior to March 20, 
1989, aluminum.
    (b) For compliance with paragraph (a) of this section, the term 
``liner'' includes any design feature, such as a

[[Page 108]]

joint or fastener, which would affect the capability of the liner to 
safely contain a fire.
    (c) After March 19, 2001, each Class D compartment, regardless of 
volume, must meet the standards of Sec. Sec. 25.857(c) and 25.858 of 
this Chapter for a Class C compartment unless the operation is an all-
cargo operation in which case each Class D compartment may meet the 
standards in Sec. 25.857(e) for a Class E compartment.
    (d) Reports of conversions and retrofits. (1) Until such time as all 
Class D compartments in aircraft operated under this part by the 
certificate have been converted or retrofitted with appropriate 
detection and suppression systems, each certificate holder must submit 
written progress reports to the FAA that contain the information 
specified below.
    (i) The serial number of each airplane listed in the operations 
specifications issued to the certificate holder for operation under this 
part in which all Class D compartments have been converted to Class C or 
Class E compartments;
    (ii) The serial number of each airplane listed in the operations 
specification issued to the certificate holder for operation under this 
part, in which all Class D compartments have been retrofitted to meet 
the fire detection and suppression requirements for Class C or the fire 
detection requirements for Class E; and
    (iii) The serial number of each airplane listed in the operations 
specifications issued to the certificate holder for operation under this 
part that has at least one Class D compartment that has not been 
converted or retrofitted.
    (2) The written report must be submitted to the Certificate Holding 
District Office by July 1, 1998, and at each three-month interval 
thereafter.

[Doc. No. 28937, 63 FR 8049, Feb. 17, 1998]



Sec. 121.315  Cockpit check procedure.

    (a) Each certificate holder shall provide an approved cockpit check 
procedure for each type of aircraft.
    (b) The approved procedures must include each item necessary for 
flight crewmembers to check for safety before starting engines, taking 
off, or landing, and in engine and systems emergencies. The procedures 
must be designed so that a flight crewmember will not need to rely upon 
his memory for items to be checked.
    (c) The approved procedures must be readily usable in the cockpit of 
each aircraft and the flight crew shall follow them when operating the 
aircraft.



Sec. 121.316  Fuel tanks.

    Each turbine powered transport category airplane operated after 
October 30, 1991, must meet the requirements of Sec. 25.963(e) of this 
chapter in effect on October 30, 1989.

[Doc. No. 25614, 54 FR 40354, Sept. 29, 1989]



Sec. 121.317  Passenger information requirements, smoking 
prohibitions, and additional seat belt requirements.

    (a) Except as provided in paragraph (l) of this section, no person 
may operate an airplane unless it is equipped with passenger information 
signs that meet the requirements of Sec. 25.791 of this chapter. Except 
as provided in paragraph (l) of this section, the signs must be 
constructed so that the crewmembers can turn them on and off.
    (b) Except as provided in paragraph (l) of this section, the 
``Fasten Seat Belt'' sign shall be turned on during any movement on the 
surface, for each takeoff, for each landing, and at any other time 
considered necessary by the pilot in command.
    (c) No person may operate an airplane on a flight on which smoking 
is prohibited by part 252 of this title unless either the ``No Smoking'' 
passenger information signs are lighted during the entire flight, or one 
or more ``No Smoking'' placards meeting the requirements of Sec. 
25.1541 of this chapter are posted during the entire flight segment. If 
both the lighted signs and the placards are used, the signs must remain 
lighted during the entire flight segment.
    (d) No person may operate a passenger-carrying airplane under this 
part unless at least one legible sign or placard that reads ``Fasten 
Seat Belt While Seated'' is visible from each passenger seat. These 
signs or placards need not meet the requirements of paragraph (a) of 
this section.

[[Page 109]]

    (e) No person may operate an airplane unless there is installed in 
each lavatory a sign or placard that reads: ``Federal law provides for a 
penalty of up to $2,000 for tampering with the smoke detector installed 
in this lavatory.'' These signs or placards need not meet the 
requirements of paragraph (a) of this section.
    (f) Each passenger required by Sec. 121.311(b) to occupy a seat or 
berth shall fasten his or her safety belt about him or her and keep it 
fastened while the ``Fasten Seat Belt'' sign is lighted.
    (g) No person may smoke while a ``No Smoking'' sign is lighted or 
while ``No Smoking'' placards are posted, except as follows:
    (1) Supplemental operations. The pilot in command of an airplane 
engaged in a supplemental operation may authorize smoking on the flight 
deck (if it is physically separated from any passenger compartment), but 
not in any of the following situations:
    (i) During airplane movement on the surface or during takeoff or 
landing;
    (ii) During scheduled passenger-carrying public charter operations 
conducted under part 380 of this title; or
    (iii) During any operation where smoking is prohibited by part 252 
of this title or by international agreement.
    (2) Certain intrastate domestic operations. Except during airplane 
movement on the surface or during takeoff or landing, a pilot in command 
of an airplane engaged in a domestic operation may authorize smoking on 
the flight deck (if it is physically separated from the passenger 
compartment) if--
    (i) Smoking on the flight deck is not otherwise prohibited by part 
252 of this title;
    (ii) The flight is conducted entirely within the same State of the 
United States (a flight from one place in Hawaii to another place in 
Hawaii through the airspace over a place outside of Hawaii is not 
entirely within the same State); and
    (iii) The airplane is either not turbojet-powered or the airplane is 
not capable of carrying at least 30 passengers.
    (h) No person may smoke in any airplane lavatory.
    (i) No person may tamper with, disable, or destroy any smoke 
detector installed in any airplane lavatory.
    (j) On flight segments other than those described in paragraph (c) 
of this section, the ``No Smoking'' sign must be turned on during any 
movement on the surface, for each takeoff, for each landing, and at any 
other time considered necessary by the pilot in command.
    (k) Each passenger shall comply with instructions given him or her 
by a crewmember regarding compliance with paragraphs (f), (g), (h), and 
(l) of this section.
    (l) A certificate holder may operate a nontransport category 
airplane type certificated after December 31, 1964, that is manufactured 
before December 20, 1997, if it is equipped with at least one placard 
that is legible to each person seated in the cabin that states ``Fasten 
Seat Belt,'' and if, during any movement on the surface, for each 
takeoff, for each landing, and at any other time considered necessary by 
the pilot in command, a crewmember orally instructs the passengers to 
fasten their seat belts.

[Doc. No. 25590, 53 FR 12361, Apr. 13, 1988, as amended by Amdt. 121-
196, 53 FR 44182, Nov. 2, 1988; Amdt. 121-213, 55 FR 8367, Mar. 7, 1990; 
Amdt. 121-230, 57 FR 42673, Sept. 15, 1992; Amdt. 121-251, 60 FR 65931, 
Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996; Amdt. 121-277, 
65 FR 36779, June 9, 2000]



Sec. 121.318  Public address system.

    No person may operate an airplane with a seating capacity of more 
than 19 passengers unless it is equipped with a public address system 
which--
    (a) Is capable of operation independent of the crewmember interphone 
system required by Sec. 121.319, except for handsets, headsets, 
microphones, selector switches, and signaling devices;
    (b) Is approved in accordance with Sec. 21.305 of this chapter;
    (c) Is accessible for immediate use from each of two flight 
crewmember stations in the pilot compartment;
    (d) For each required floor-level passenger emergency exit which has 
an adjacent flight attendant seat, has a microphone which is readily 
accessible to the seated flight attendant, except that one microphone 
may serve more

[[Page 110]]

than one exit, provided the proximity of the exits allows unassisted 
verbal communication between seated flight attendants;
    (e) Is capable of operation within 10 seconds by a flight attendant 
at each of those stations in the passenger compartment from which its 
use is accessible;
    (f) Is audible at all passenger seats, lavatories, and flight 
attendant seats and work stations; and
    (g) For transport category airplanes manufactured on or after 
November 27, 1990, meets the requirements of Sec. 25.1423 of this 
chapter.

[Doc. No. 24995, 54 FR 43926, Oct. 27, 1989]



Sec. 121.319  Crewmember interphone system.

    (a) No person may operate an airplane with a seating capacity of 
more than 19 passengers unless the airplane is equipped with a 
crewmember interphone system that:
    (1) [Reserved]
    (2) Is capable of operation independent of the public address system 
required by Sec. 121.318(a) except for handsets, headsets, microphones, 
selector switches, and signaling devices; and
    (3) Meets the requirements of paragraph (b) of this section.
    (b) The crewmember interphone system required by paragraph (a) of 
this section must be approved in accordance with Sec. 21.305 of this 
chapter and meet the following requirements:
    (1) It must provide a means of two-way communication between the 
pilot compartment and--
    (i) Each passenger compartment; and
    (ii) Each galley located on other than the main passenger deck 
level.
    (2) It must be accessible for immediate use from each of two flight 
crewmember stations in the pilot compartment;
    (3) It must be accessible for use from at least one normal flight 
attendant station in each passenger compartment;
    (4) It must be capable of operation within 10 seconds by a flight 
attendant at those stations in each passenger compartment from which its 
use is accessible; and
    (5) For large turbojet-powered airplanes:
    (i) It must be accessible for use at enough flight attendant 
stations so that all floor-level emergency exits (or entryways to those 
exits in the case of exits located within galleys) in each passenger 
compartment are observable from one or more of those stations so 
equipped;
    (ii) It must have an alerting system incorporating aural or visual 
signals for use by flight crewmembers to alert flight attendants and for 
use by flight attendants to alert flight crewmembers;
    (iii) The alerting system required by paragraph (b)(5)(ii) of this 
section must have a means for the recipient of a call to determine 
whether it is a normal call or an emergency call; and
    (iv) When the airplane is on the ground, it must provide a means of 
two-way communication between ground personnel and either of at least 
two flight crewmembers in the pilot compartment. The interphone system 
station for use by ground personnel must be so located that personnel 
using the system may avoid visible detection from within the airplane.

[Doc. No. 10865, 38 FR 21494, Aug. 9, 1973, as amended by Amdt. 121-121, 
40 FR 42186, Sept. 11, 1975; Amdt. 121-149, 43 FR 50602, Oct. 30, 1978; 
Amdt. 121-178, 47 FR 13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2611, 
Jan. 26, 1996]

    Editorial Note: By Amdt. 121-356, at 76 FR 52249, Aug. 22, 2011, 
Sec. 121.321 was revised; however, the amendment could not be 
incorporated because that section does not exist.



Sec. 121.323  Instruments and equipment for operations at night.

    No person may operate an airplane at night under this part unless it 
is equipped with the following instruments and equipment in addition to 
those required by Sec. Sec. 121.305 through 121.321 and 121.803:
    (a) Position lights.
    (b) An anti-collision light.
    (c) Two landing lights, except that only one landing light is 
required for nontransport category airplanes type certificated after 
December 31, 1964.
    (d) Instrument lights providing enough light to make each required 
instrument, switch, or similar instrument, easily readable and installed 
so that the direct rays are shielded from the flight crewmembers' eyes 
and that

[[Page 111]]

no objectionable reflections are visible to them. There must be a means 
of controlling the intensity of illumination unless it is shown that 
nondimming instrument lights are satisfactory.
    (e) An airspeed-indicating system with heated pitot tube or 
equivalent means for preventing malfunctioning due to icing.
    (f) A sensitive altimeter.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65932, Dec. 20, 1995; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]



Sec. 121.325  Instruments and equipment for operations under IFR 
or over-the-top.

    No person may operate an airplane under IFR or over-the-top 
conditions under this part unless it is equipped with the following 
instruments and equipment, in addition to those required by Sec. Sec. 
121.305 through 121.321 and 121.803:
    (a) An airspeed indicating system with heated pitot tube or 
equivalent means for preventing malfunctioning due to icing.
    (b) A sensitive altimeter.
    (c) Instrument lights providing enough light to make each required 
instrument, switch, or similar instrument, easily readable and so 
installed that the direct rays are shielded from the flight crewmembers' 
eyes and that no objectionable reflections are visible to them, and a 
means of controlling the intensity of illumination unless it is shown 
that nondimming instrument lights are satisfactory.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended at Amdt. 121-281, 
66 FR 19043, Apr. 12, 2001]



Sec. 121.327  Supplemental oxygen: Reciprocating engine powered 
airplanes.

    (a) General. Except where supplemental oxygen is provided in 
accordance with Sec. 121.331, no person may operate an airplane unless 
supplemental oxygen is furnished and used as set forth in paragraphs (b) 
and (c) of this section. The amount of supplemental oxygen required for 
a particular operation is determined on the basis of flight altitudes 
and flight duration, consistent with the operation procedures 
established for each operation and route.
    (b) Crewmembers. (1) At cabin pressure altitudes above 10,000 feet 
up to and including 12,000 feet, oxygen must be provided for, and used 
by, each member of the flight crew on flight deck duty, and must be 
provided for other crewmembers, for that part of the flight at those 
altitudes that is of more than 30 minutes duration.
    (2) At cabin pressure altitudes above 12,000 feet, oxygen must be 
provided for, and used by, each member of the flight crew on flight deck 
duty, and must be provided for other crewmembers, during the entire 
flight time at those altitudes.
    (3) When a flight crewmember is required to use oxygen, he must use 
it continuously, except when necessary to remove the oxygen mask or 
other dispenser in connection with his regular duties. Standby 
crewmembers who are on call or are definitely going to have flight deck 
duty before completing the flight must be provided with an amount of 
supplemental oxygen equal to that provided for crewmembers on duty other 
than on flight deck duty. If a standby crewmember is not on call and 
will not be on flight deck duty during the remainder of the flight, he 
is considered to be a passenger for the purposes of supplemental oxygen 
requirements.
    (c) Passengers. Each certificate holder shall provide a supply of 
oxygen, approved for passenger safety, in accordance with the following:
    (1) For flights of more than 30 minutes duration at cabin pressure 
altitudes above 8,000 feet up to and including 14,000 feet, enough 
oxygen for 30 minutes for 10 percent of the passengers.
    (2) For flights at cabin pressure altitudes above 14,000 feet up to 
and including 15,000 feet, enough oxygen for that part of the flight at 
those altitudes for 30 percent of the passengers.
    (3) For flights at cabin pressure altitudes above 15,000 feet, 
enough oxygen for each passenger carried during the entire flight at 
those altitudes.
    (d) For the purposes of this subpart cabin pressure altitude means 
the pressure altitude corresponding with the pressure in the cabin of 
the airplane, and flight altitude means the altitude above sea level at 
which the airplane is

[[Page 112]]

operated. For airplanes without pressurized cabins, ``cabin pressure 
altitude'' and ``flight altitude'' mean the same thing.



Sec. 121.329  Supplemental oxygen for sustenance: Turbine engine 
powered airplanes.

    (a) General. When operating a turbine engine powered airplane, each 
certificate holder shall equip the airplane with sustaining oxygen and 
dispensing equipment for use as set forth in this section:
    (1) The amount of oxygen provided must be at least the quantity 
necessary to comply with paragraphs (b) and (c) of this section.
    (2) The amount of sustaining and first-aid oxygen required for a 
particular operation to comply with the rules in this part is determined 
on the basis of cabin pressure altitudes and flight duration, consistent 
with the operating procedures established for each operation and route.
    (3) The requirements for airplanes with pressurized cabins are 
determined on the basis of cabin pressure altitude and the assumption 
that a cabin pressurization failure will occur at the altitude or point 
of flight that is most critical from the standpoint of oxygen need, and 
that after the failure the airplane will descend in accordance with the 
emergency procedures specified in the Airplane Flight Manual, without 
exceeding its operating limitations, to a flight altitude that will 
allow successful termination of the flight.
    (4) Following the failure, the cabin pressure altitude is considered 
to be the same as the flight altitude unless it is shown that no 
probable failure of the cabin or pressurization equipment will result in 
a cabin pressure altitude equal to the flight altitude. Under those 
circumstances, the maximum cabin pressure altitude attained may be used 
as a basis for certification or determination of oxygen supply, or both.
    (b) Crewmembers. Each certificate holder shall provide a supply of 
oxygen for crewmembers in accordance with the following:
    (1) At cabin pressure altitudes above 10,000 feet, up to and 
including 12,000 feet, oxygen must be provided for and used by each 
member of the flight crew on flight deck duty and must be provided for 
other crewmembers for that part of the flight at those altitudes that is 
of more than 30 minutes duration.
    (2) At cabin pressure altitudes above 12,000 feet, oxygen must be 
provided for, and used by, each member of the flight crew on flight deck 
duty, and must be provided for other crewmembers during the entire 
flight at those altitudes.
    (3) When a flight crewmember is required to use oxygen, he must use 
it continuously except when necessary to remove the oxygen mask or other 
dispenser in connection with his regular duties. Standby crewmembers who 
are on call or are definitely going to have flight deck duty before 
completing the flight must be provided with an amount of supplemental 
oxygen equal to that provided for crewmembers on duty other than on 
flight duty. If a standby crewmember is not on call and will not be on 
flight deck duty during the remainder of the flight, he is considered to 
be a passenger for the purposes of supplemental oxygen requirements.
    (c) Passengers. Each certificate holder shall provide a supply of 
oxygen for passengers in accordance with the following:
    (1) For flights at cabin pressure altitudes above 10,000 feet, up to 
and including 14,000 feet, enough oxygen for that part of the flight at 
those altitudes that is of more than 30 minutes duration, for 10 percent 
of the passengers.
    (2) For flights at cabin pressure altitudes above 14,000 feet, up to 
and including 15,000 feet, enough oxygen for that part of the flight at 
those altitudes for 30 percent of the passengers.
    (3) For flights at cabin pressure altitudes above 15,000 feet, 
enough oxygen for each passenger carried during the entire flight at 
those altitudes.



Sec. 121.331  Supplemental oxygen requirements for pressurized cabin
airplanes: Reciprocating engine powered airplanes.

    (a) When operating a reciprocating engine powered airplane 
pressurized cabin, each certificate holder shall

[[Page 113]]

equip the airplane to comply with paragraphs (b) through (d) of this 
section in the event of cabin pressurization failure.
    (b) For crewmembers. When operating at flight altitudes above 10,000 
feet, the certificate holder shall provide enough oxygen for each 
crewmember for the entire flight at those altitudes and not less than a 
two-hour supply for each flight crewmember on flight deck duty. The 
required two hours supply is that quantity of oxygen necessary for a 
constant rate of descent from the airplane's maximum certificated 
operating altitude to 10,000 feet in ten minutes and followed by 110 
minutes at 10,000 feet. The oxygen required by Sec. 121.337 may be 
considered in determining the supplemental breathing supply required for 
flight crewmembers on flight deck duty in the event of cabin 
pressurization failure.
    (c) For passengers. When operating at flight altitudes above 8,000 
feet, the certificate holder shall provide oxygen as follows:
    (1) When an airplane is not flown at a flight altitude above flight 
level 250, enough oxygen for 30 minutes for 10 percent of the 
passengers, if at any point along the route to be flown the airplane can 
safely descend to a flight altitude of 14,000 feet or less within four 
minutes.
    (2) If the airplane cannot descend to a flight altitude of 14,000 
feet or less within four minutes, the following supply of oxygen must be 
provided:
    (i) For that part of the flight that is more than four minutes 
duration at flight altitudes above 15,000 feet, the supply required by 
Sec. 121.327(c)(3).
    (ii) For that part of the flight at flight altitudes above 14,000 
feet, up to and including 15,000 feet, the supply required by Sec. 
121.327(c)(2).
    (iii) For flight at flight altitudes above 8,000 feet up to and 
including 14,000 feet, enough oxygen for 30 minutes for 10 percent of 
the passengers.
    (3) When an airplane is flown at a flight altitude above flight 
level 250, enough oxygen for 30 minutes for 10 percent of the passengers 
for the entire flight (including emergency descent) above 8,000 feet, up 
to and including 14,000 feet, and to comply with Sec. 121.327(c) (2) 
and (3) for flight above 14,000 feet.
    (d) For the purposes of this section it is assumed that the cabin 
pressurization failure occurs at a time during flight that is critical 
from the standpoint of oxygen need and that after the failure the 
airplane will descend, without exceeding its normal operating 
limitations, to flight altitudes allowing safe flight with respect to 
terrain clearance.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-132, 
41 FR 55475, Dec. 20, 1976]



Sec. 121.333  Supplemental oxygen for emergency descent and for 
first aid; turbine engine powered airplanes with pressurized cabins.

    (a) General. When operating a turbine engine powered airplane with a 
pressurized cabin, the certificate holder shall furnish oxygen and 
dispensing equipment to comply with paragraphs (b) through (e) of this 
section in the event of cabin pressurization failure.
    (b) Crewmembers. When operating at flight altitudes above 10,000 
feet, the certificate holder shall supply enough oxygen to comply with 
Sec. 121.329, but not less than a two-hour supply for each flight 
crewmember on flight deck duty. The required two hours supply is that 
quantity of oxygen necessary for a constant rate of descent from the 
airplane's maximum certificated operating altitude to 10,000 feet in ten 
minutes and followed by 110 minutes at 10,000 feet. The oxygen required 
in the event of cabin pressurization failure by Sec. 121.337 may be 
included in determining the supply required for flight crewmembers on 
flight deck duty.
    (c) Use of oxygen masks by flight crewmembers. (1) When operating at 
flight altitudes above flight level 250, each flight crewmember on 
flight deck duty must be provided with an oxygen mask so designed that 
it can be rapidly placed on his face from its ready position, properly 
secured, sealed, and supplying oxygen upon demand; and so designed that 
after being placed on the face it does not prevent immediate 
communication between the flight crewmember and other crewmembers over 
the airplane intercommunication system. When it is not being used at

[[Page 114]]

flight altitudes above flight level 250, the oxygen mask must be kept in 
condition for ready use and located so as to be within the immediate 
reach of the flight crewmember while at his duty station.
    (2) When operating at flight altitudes above flight level 250, one 
pilot at the controls of the airplane shall at all times wear and use an 
oxygen mask secured, sealed, and supplying oxygen, in accordance with 
the following:
    (i) The one pilot need not wear and use an oxygen mask at or below 
the following flight levels if each flight crewmember on flight deck 
duty has a quick-donning type of oxygen mask that the certificate holder 
has shown can be placed on the face from its ready position, properly 
secured, sealed, and supplying oxygen upon demand, with one hand and 
within five seconds:
    (A) For airplanes having a passenger seat configuration of more than 
30 seats, excluding any required crewmember seat, or a payload capacity 
of more than 7,500 pounds, at or below flight level 410.
    (B) For airplanes having a passenger seat configuration of less than 
31 seats, excluding any required crewmember seat, and a payload capacity 
of 7,500 pounds or less, at or below flight level 350.
    (ii) Whenever a quick-donning type of oxygen mask is to be used 
under this section, the certificate holder shall also show that the mask 
can be put on without disturbing eye glasses and without delaying the 
flight crewmember from proceeding with his assigned emergency duties. 
The oxygen mask after being put on must not prevent immediate 
communication between the flight crewmember and other crewmembers over 
the airplane intercommunication system.
    (3) Notwithstanding paragraph (c)(2) of this section, if for any 
reason at any time it is necessary for one pilot to leave his station at 
the controls of the airplane when operating at flight altitudes above 
flight level 250, the remaining pilot at the controls shall put on and 
use his oxygen mask until the other pilot has returned to his duty 
station.
    (4) Before the takeoff of a flight, each flight crewmember shall 
personally preflight his oxygen equipment to insure that the oxygen mask 
is functioning, fitted properly, and connected to appropriate supply 
terminals, and that the oxygen supply and pressure are adequate for use.
    (d) Use of portable oxygen equipment by cabin attendants. After 
November 28, 2005 each mask used for portable oxygen equipment must be 
connected to its oxygen supply. Above flight level 250, one of the 
following is required:
    (1) Each attendant shall carry portable oxygen equipment with a 15 
minute supply of oxygen; or
    (2) There must be sufficient portable oxygen equipment (including 
masks and spare outlets) distributed throughout the cabin so that such 
equipment is immediately available to each attendant, regardless of 
their location in the cabin; or
    (3) There are sufficient spare outlets and masks distributed 
throughout the cabin to ensure immediate availability of oxygen to each 
cabin attendant, regardless of their location in the cabin.
    (e) Passenger cabin occupants. When the airplane is operating at 
flight altitudes above 10,000 feet, the following supply of oxygen must 
be provided for the use of passenger cabin occupants:
    (1) When an airplane certificated to operate at flight altitudes up 
to and including flight level 250, can at any point along the route to 
be flown, descend safely to a flight altitude of 14,000 feet or less 
within four minutes, oxygen must be available at the rate prescribed by 
this part for a 30-minute period for at least 10 percent of the 
passenger cabin occupants.
    (2) When an airplane is operated at flight altitudes up to and 
including flight level 250 and cannot descend safely to a flight 
altitude of 14,000 feet within four minutes, or when an airplane is 
operated at flight altitudes above flight level 250, oxygen must be 
available at the rate prescribed by this part for not less than 10 
percent of the passenger cabin occupants for the entire flight after 
cabin depressurization, at cabin pressure altitudes above 10,000 feet up 
to and including 14,000 feet and, as applicable, to allow compliance 
with Sec. 121.329(c) (2) and (3), except that there

[[Page 115]]

must be not less than a 10-minute supply for the passenger cabin 
occupants.
    (3) For first-aid treatment of occupants who for physiological 
reasons might require undiluted oxygen following descent from cabin 
pressure altitudes above flight level 250, a supply of oxygen in 
accordance with the requirements of Sec. 25.1443(d) must be provided 
for two percent of the occupants for the entire flight after cabin 
depressurization at cabin pressure altitudes above 8,000 feet, but in no 
case to less than one person. An appropriate number of acceptable 
dispensing units, but in no case less than two, must be provided, with a 
means for the cabin attendants to use this supply.
    (f) Passenger briefing. Before flight is conducted above flight 
level 250, a crewmember shall instruct the passengers on the necessity 
of using oxygen in the event of cabin depressurization and shall point 
out to them the location and demonstrate the use of the oxygen-
dispensing equipment.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-11, 
30 FR 12466, Sept. 30, 1965; Amdt. 121-132, 41 FR 55475, Dec. 20, 1976; 
Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997; 
Amdt. 121-306, 69 FR 62789, Oct. 27, 2004]



Sec. 121.335  Equipment standards.

    (a) Reciprocating engine powered airplanes. The oxygen apparatus, 
the minimum rates of oxygen flow, and the supply of oxygen necessary to 
comply with Sec. 121.327 must meet the standards established in section 
4b.651 of the Civil Air Regulations as in effect on July 20, 1950, 
except that if the certificate holder shows full compliance with those 
standards to be impracticable, the Administrator may authorize any 
change in those standards that he finds will provide an equivalent level 
of safety.
    (b) Turbine engine powered airplanes. The oxygen apparatus, the 
minimum rate of oxygen flow, and the supply of oxygen necessary to 
comply with Sec. Sec. 121.329 and 121.333 must meet the standards 
established in section 4b.651 of the Civil Air Regulations as in effect 
on September 1, 1958, except that if the certificate holder shows full 
compliance with those standards to be impracticable, the Administrator 
may authorize any changes in those standards that he finds will provide 
an equivalent level of safety.



Sec. 121.337  Protective breathing equipment.

    (a) The certificate holder shall furnish approved protective 
breathing equipment (PBE) meeting the equipment, breathing gas, and 
communication requirements contained in paragraph (b) of this section.
    (b) Pressurized and nonpressurized cabin airplanes. Except as 
provided in paragraph (f) of this section, no person may operate an 
airplane unless protective breathing equipment meeting the requirements 
of this section is provided as follows:
    (1) General. The equipment must protect the flightcrew from the 
effects of smoke, carbon dioxide or other harmful gases or an oxygen 
deficient environment caused by other than an airplane depressurization 
while on flight deck duty and must protect crewmembers from the above 
effects while combatting fires on board the airplane.
    (2) The equipment must be inspected regularly in accordance with 
inspection guidelines and the inspection periods established by the 
equipment manufacturer to ensure its condition for continued 
serviceability and immediate readiness to perform its intended emergency 
purposes. The inspection periods may be changed upon a showing by the 
certificate holder that the changes would provide an equivalent level of 
safety.
    (3) That part of the equipment protecting the eyes must not impair 
the wearer's vision to the extent that a crewmember's duties cannot be 
accomplished and must allow corrective glasses to be worn without 
impairment of vision or loss of the protection required by paragraph 
(b)(1) of this section.
    (4) The equipment, while in use, must allow the flightcrew to 
communicate using the airplane radio equipment and to communicate by 
interphone with each other while at their assigned duty stations. The 
equipment, while in use, must also allow crewmember interphone 
communications between each of two flight crewmember stations in the 
pilot compartment and at least one

[[Page 116]]

normal flight attendant station in each passenger compartment.
    (5) The equipment, while in use, must allow any crewmember to use 
the airplane interphone system at any of the flight attendant stations 
referred to in paragraph (b)(4) of this section.
    (6) The equipment may also be used to meet the supplemental oxygen 
requirements of this part provided it meets the oxygen equipment 
standards of Sec. 121.335 of this part.
    (7) Protective breathing gas duration and supply system equipment 
requirements are as follows:
    (i) The equipment must supply breathing gas for 15 minutes at a 
pressure altitude of 8,000 feet for the following:
    (A) Flight crewmembers while performing flight deck duties; and
    (B) Crewmembers while combatting an in-flight fire.
    (ii) The breathing gas system must be free from hazards in itself, 
in its method of operation, and in its effect upon other components.
    (iii) For breathing gas systems other than chemical oxygen 
generators, there must be a means to allow the crew to readily 
determine, during the equipment preflight described in paragraph (c) of 
this section, that the gas supply is fully charged.
    (iv) For each chemical oxygen generator, the supply system equipment 
must meet the requirements of Sec. 25.1450 (b) and (c) of this chapter.
    (8) Smoke and fume protection. Protective breathing equipment with a 
fixed or portable breathing gas supply meeting the requirements of this 
section must be conveniently located on the flight deck and be easily 
accessible for immediate use by each required flight crewmember at his 
or her assigned duty station.
    (9) Fire combatting. Except for nontransport category airplanes type 
certificated after December 31, 1964, protective breathing equipment 
with a portable breathing gas supply meeting the requirements of this 
section must be easily accessible and conveniently located for immediate 
use by crewmembers in combatting fires as follows:
    (i) One PBE is required for each hand fire extinguisher located for 
use in a galley other than a galley located in a passenger, cargo, or 
crew compartment.
    (ii) One on the flight deck, except that the Administrator may 
authorize another location for this PBE if special circumstances exist 
that make compliance impractical and the proposed deviation would 
provide an equivalent level of safety.
    (iii) In each passenger compartment, one for each hand fire 
extinguisher required by Sec. 121.309 of this part, to be located 
within 3 feet of each required hand fire extinguisher, except that the 
Administrator may authorize a deviation allowing locations of PBE more 
than 3 feet from required hand fire extinguisher locations if special 
circumstances exist that make compliance impractical and if the proposed 
deviation provides an equivalent level of safety.
    (c) Equipment preflight. (1) Before each flight, each item of PBE at 
flight crewmember duty stations must be checked by the flight crewmember 
who will use the equipment to ensure that the equipment--
    (i) For other than chemical oxygen generator systems, is 
functioning, is serviceable, fits properly (unless a universal-fit 
type), and is connected to supply terminals and that the breathing gas 
supply and pressure are adequate for use; and
    (ii) For chemical oxygen generator systems, is serviceable and fits 
properly (unless a universal-fit type).
    (2) Each item of PBE located at other than a flight crewmember duty 
station must be checked by a designated crewmember to ensure that each 
is properly stowed and serviceable, and, for other than chemical oxygen 
generator systems, the breathing gas supply is fully charged. Each 
certificate holder, in its operations manual, must designate at least 
one crewmember to perform those checks before he or she takes off in 
that airplane for his or her first flight of the day.

[Doc. No. 24792, 52 FR 20957, June 3, 1987, as amended by Amdt. 121-204, 
54 FR 22271, May 22, 1989; Amdt. 121-212, 55 FR 5551, Feb. 15, 1990; 
Amdt. 121-218, 55 FR 31565, Aug. 2, 1990; Amdt. 121-230, 57 FR 42674, 
Sept. 15, 1992; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995; Amdt. 121-
261, 61 FR 43921, Aug. 26, 1996]

[[Page 117]]



Sec. 121.339  Emergency equipment for extended over-water operations.

    (a) Except where the Administrator, by amending the operations 
specifications of the certificate holder, requires the carriage of all 
or any specific items of the equipment listed below for any overwater 
operation, or upon application of the certificate holder, the 
Administrator allows deviation for a particular extended overwater 
operation, no person may operate an airplane in extended overwater 
operations without having on the airplane the following equipment:
    (1) A life preserver equipped with an approved survivor locator 
light, for each occupant of the airplane.
    (2) Enough life rafts (each equipped with an approved survivor 
locator light) of a rated capacity and buoyancy to accommodate the 
occupants of the airplane. Unless excess rafts of enough capacity are 
provided, the buoyancy and seating capacity beyond the rated capacity of 
the rafts must accommodate all occupants of the airplane in the event of 
a loss of one raft of the largest rated capacity.
    (3) At least one pyrotechnic signaling device for each life raft.
    (4) An approved survival type emergency locator transmitter. 
Batteries used in this transmitter must be replaced (or recharged, if 
the battery is rechargeable) when the transmitter has been in use for 
more than 1 cumulative hour, or 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. The 
battery useful life (or useful life of charge) requirements of this 
paragraph do not apply to batteries (such as water-activated batteries) 
that are essentially unaffected during probable storage intervals.
    (b) The required life rafts, life preservers, and survival type 
emergency locator transmitter must be easily accessible in the event of 
a ditching without appreciable time for preparatory procedures. This 
equipment must be installed in conspicuously marked, approved locations.
    (c) A survival kit, appropriately equipped for the route to be 
flown, must be attached to each required life raft.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-53, 
34 FR 15244, Sept. 30, 1969; Amdt. 121-79, 36 FR 18724, Sept. 21, 1971; 
Amdt. 121-93, 37 FR 14294, June 19, 1972 Amdt. 121-106, 38 FR 22378, 
Aug. 20, 1973; Amdt. 121-149, 43 FR 50603, Oct. 30, 1978; Amdt. 121-158, 
45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, June 21, 1994]



Sec. 121.340  Emergency flotation means.

    (a) Except as provided in paragraph (b) of this section, no person 
may operate an airplane in any overwater operation unless it is equipped 
with life preservers in accordance with Sec. 121.339(a)(1) or with an 
approved flotation means for each occupant. This means must be within 
easy reach of each seated occupant and must be readily removable from 
the airplane.
    (b) Upon application by the air carrier or commercial operator, the 
Administrator may approve the operation of an airplane over water 
without the life preservers or flotation means required by paragraph (a) 
of this section, if the air carrier or commercial operator shows that 
the water over which the airplane is to be operated is not of such size 
and depth that life preservers or flotation means would be required for 
the survival of its occupants in the event the flight terminates in that 
water.

[Doc. No. 6713, 31 FR 1147, Jan. 28, 1966, as amended by Amdt. 121-25, 
32 FR 3223, Feb. 24, 1967; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]



Sec. 121.341  Equipment for operations in icing conditions.

    (a) Except as permitted in paragraph (c)(2) of this section, unless 
an airplane is type certificated under the transport category 
airworthiness requirements relating to ice protection, or unless an 
airplane is a non-transport category airplane type certificated after 
December 31, 1964, that has the ice protection provisions that meet 
section 34 of appendix A of part 135 of this chapter, no person may 
operate an airplane in icing conditions unless it is equipped

[[Page 118]]

with means for the prevention or removal of ice on windshields, wings, 
empennage, propellers, and other parts of the airplane where ice 
formation will adversely affect the safety of the airplane.
    (b) No person may operate an airplane in icing conditions at night 
unless means are provided for illuminating or otherwise determining the 
formation of ice on the parts of the wings that are critical from the 
standpoint of ice accumulation. Any illuminating that is used must be of 
a type that will not cause glare or reflection that would handicap 
crewmembers in the performance of their duties.
    (c) Non-transport category airplanes type certificated after 
December 31, 1964. Except for an airplane that has ice protection 
provisions that meet section 34 of appendix A of part 135 of this 
chapter, or those for transport category airplane type certification, no 
person may operate--
    (1) Under IFR into known or forecast light or moderate icing 
conditions;
    (2) Under VFR into known light or moderate icing conditions; unless 
the airplane has functioning deicing anti-icing equipment protecting 
each propeller, windshield, wing, stabilizing or control surface, and 
each airspeed, altimeter, rate of climb, or flight attitude instrument 
system; or
    (3) 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 condition that 
would otherwise prohibit the flight will not be encountered during the 
flight because of changed weather conditions since the forecast, the 
restrictions in paragraph (c) of this section based on forecast 
conditions do not apply.

[Doc. No. 6258, 29 FR 18205, Dec. 31, 1964, as amended by Amdt. 121-251, 
60 FR 65929, Dec. 20, 1995]



Sec. 121.342  Pitot heat indication systems.

    No person may operate a transport category airplane or, after 
December 20, 1999, a nontransport category airplane type certificated 
after December 31, 1964, that is equipped with a flight instrument pitot 
heating system unless the airplane is also equipped with an operable 
pitot heat indication system that complies Sec. 25.1326 of this chapter 
in effect on April 12, 1978.

[Doc. No. 28154, 60 FR 65932, Dec. 20, 1995]



Sec. 121.343  Flight data recorders.

    (a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of 
this section, no person may operate a large airplane that is 
certificated for operations above 25,000 feet altitude or is turbine-
engine powered unless it is equipped with one or more approved flight 
recorders that record data from which the following may be determined 
within the ranges, accuracies, and recording intervals specified in 
appendix B of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading; and
    (6) Time of each radio transmission either to or from air traffic 
control.
    (b) No person may operate a large airplane type certificated up to 
and including September 30, 1969, for operations above 25,000 feet 
altitude, or a turbine-engine powered airplane certificated before the 
same date, unless it is equipped before May 26, 1989 with one or more 
approved flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The following information must be able to be determined 
within the ranges, accuracies, and recording intervals specified in 
appendix B of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading; and
    (6) Time of each radio transmission either to or from air traffic 
control.
    (c) Except as provided in paragraph (l) of this section, no person 
may operate an airplane specified in paragraph (b) of this section 
unless it is equipped, before May 26, 1995, with one or more approved 
flight recorders that utilize a digital method of recording and storing 
data and a method of readily retrieving that data from the storage 
medium. The following information must be able to be determined within 
the

[[Page 119]]

ranges, accuracies and recording intervals specified in appendix B of 
this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading;
    (6) Time of each radio transmission either to or from air traffic 
control;
    (7) Pitch attitude;
    (8) Roll attitude;
    (9) Longitudinal acceleration;
    (10) Control column or pitch control surface position; and
    (11) Thrust of each engine.
    (d) No person may operate an airplane specified in paragraph (b) of 
this section that is manufactured after May 26, 1989, as well as 
airplanes specified in paragraph (a) of this section that have been type 
certificated after September 30, 1969, unless it is equipped with one or 
more approved flight recorders that utlitize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. The following information must be able to be 
determined within the ranges, accuracies, and recording intervals 
specified in appendix B of this part:
    (1) Time;
    (2) Altitude;
    (3) Airspeed;
    (4) Vertical acceleration;
    (5) Heading;
    (6) Time of each radio transmission either to or from air traffic 
control;
    (7) Pitch attitude;
    (8) Roll attitude;
    (9) Longitudinal acceleration;
    (10) Pitch trim position;
    (11) Control column or pitch control surface position;
    (12) Control wheel or lateral control surface position;
    (13) Rudder pedal or yaw control surface position;
    (14) Thrust of each engine;
    (15) Position of each thrust reverser;
    (16) Trailing edge flap or cockpit flap control position; and
    (17) Leading edge flap or cockpit flap control position.


For the purpose of this section, manufactured means the point in time at 
which the airplane inspection acceptance records reflect that the 
airplane is complete and meets the FAA-approved type design data.
    (e) After October 11, 1991, no person may operate a large airplane 
equipped with a digital data bus and ARINC 717 digital flight data 
acquisition unit (DFDAU) or equivalent unless it is equipped with one or 
more approved flight recorders that utilize a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. Any parameters specified in appendix B of this 
part that are available on the digital data bus must be recorded within 
the ranges, accuracies, resolutions, and sampling intervals specified.
    (f) After October 11, 1991, no person may operate an airplane 
specified in paragraph (b) of this section that is manufactured after 
October 11, 1991, nor an airplane specified in paragraph (a) of this 
section that has been type certificated after September 30, 1969, and 
manufactured after October 11, 1991, unless it is equipped with one or 
more flight recorders that utilize a digital method of recording and 
storing data and a method of readily retrieving that data from the 
storage medium. The parameters specified in appendix B of this part must 
be recorded within the ranges, accuracies, resolutions, and sampling 
intervals specified.
    (g) Whenever a flight recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins the takeoff roll until it has completed the landing roll 
at an airport.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed in paragraph 
(a), (b), (c), or (d) of this section, as appropriate, until the 
airplane has been operated for at least 25 hours of the operating time 
specified in Sec. 121.359(a). A total of 1 hour of recorded data may be 
erased for the purpose of testing the flight recorder or the flight 
recorder system. Any erasure made in accordance with this paragraph must 
be of the oldest recorded data accumulated at the time of testing. 
Except as provided in paragraph (i) of this section, no record need be 
kept more than 60 days.

[[Page 120]]

    (i) In the event of an accident or occurrence that requires 
immediate notification of the National Transportation Safety Board under 
part 830 of its regulations and that results in termination of the 
flight, the certificate holder shall remove the recording media from the 
airplane and keep the recorded data required by paragraph (a), (b), (c), 
or (d) of this section, as appropriate, for at least 60 days or for a 
longer period upon the request of the Board or the Administrator.
    (j) Each flight recorder required by this section must be installed 
in accordance with the requirements of Sec. 25.1459 of this chapter in 
effect on August 31, 1977. The correlation required by Sec. 25.1459(c) 
of this chapter need be established only on one airplane of any group of 
airplanes--
    (1) That are of the same type;
    (2) On which the model flight recorder and its installation are the 
same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those first pilot's instruments associated with 
the flight recorder. The most recent instrument calibration, including 
the recording medium from which this calibration is derived, and the 
recorder correlation must be retained by the certificate holder.
    (k) Each flight recorder required by this section that records the 
data specified in paragraph (a), (b), (c), or (d) of this section, as 
appropriate, must have an approved device to assist in locating that 
recorder under water.
    (l) No person may operate an airplane specified in paragraph (b) of 
this section that meets the Stage 2 noise levels of part 36 of this 
chapter and is subject to Sec. 91.801(c) of this chapter unless it is 
equipped with one or more approved flight data recorders that utilize a 
digital method of recording and storing data and a method of readily 
retrieving that data from the storage medium. The information specified 
in paragraphs (c)(1) through (c)(11) of this section must be able to be 
determined within the ranges, accuracies and recording intervals 
specified in appendix B of this part. In addition--
    (1) This flight data recorder must be installed at the next heavy 
maintenance check after May 26, 1994, but no later than May 26, 1995. A 
heavy maintenance check is considered to be any time an aircraft is 
scheduled to be out of service for 4 or more days.
    (2) By June 23, 1994, each carrier must submit to the FAA Flight 
Standards Service, Air Transportation Division (AFS-200), documentation 
listing those airplanes covered under this paragraph and evidence that 
it has ordered a sufficient number of flight data recorders to meet the 
May 26, 1995, compliance date for all aircraft on that list.
    (3) After May 26, 1994, any aircraft that is modified to meet Stage 
3 noise levels must have the flight data recorder described in paragraph 
(c) of this section installed before operating under this part.
    (m) After August 20, 2001, this section applies only to the airplane 
models listed in Sec. 121.344(l)(2). All other airplanes must comply 
with the requirements of Sec. 121.344, as applicable.

[Doc. No. 24418, 52 FR 9636, Mar. 25, 1987, as amended by Amdt. 121-197, 
53 FR 26147, July 11, 1988; Amdt. 121-238, 59 FR 26900, May 24, 1994; 
Amdt. 121-338, 73 FR 12565, Mar. 7, 2008]



Sec. 121.344  Digital flight data recorders for transport category
airplanes.

    (a) Except as provided in paragraph (l) of this section, no person 
may operate under this part a turbine-engine-powered transport category 
airplane unless it is equipped with one or more approved flight 
recorders that use a digital method of recording and storing data and a 
method of readily retrieving that data from the storage medium. The 
operational parameters required to be recorded by digital flight data 
recorders required by this section are as follows: The phrase ``when an 
information source is installed'' following a parameter indicates that 
recording of that parameter is not intended to require a change in 
installed equipment:
    (1) Time;
    (2) Pressure altitude;
    (3) Indicated airspeed;
    (4) Heading--primary flight crew reference (if selectable, record 
discrete, true or magnetic);
    (5) Normal acceleration (Vertical);
    (6) Pitch attitude;
    (7) Roll attitude;

[[Page 121]]

    (8) Manual radio transmitter keying, or CVR/DFDR synchronization 
reference;
    (9) Thrust/power of each engine--primary flight crew reference;
    (10) Autopilot engagement status;
    (11) Longitudinal acceleration;
    (12) Pitch control input;
    (13) Lateral control input;
    (14) Rudder pedal input;
    (15) Primary pitch control surface position;
    (16) Primary lateral control surface position;
    (17) Primary yaw control surface position;
    (18) Lateral acceleration;
    (19) Pitch trim surface position or parameters of paragraph (a)(82) 
of this section if currently recorded;
    (20) Trailing edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(85) of this section apply);
    (21) Leading edge flap or cockpit flap control selection (except 
when parameters of paragraph (a)(86) of this section apply);
    (22) Each Thrust reverser position (or equivalent for propeller 
airplane);
    (23) Ground spoiler position or speed brake selection (except when 
parameters of paragraph (a)(87) of this section apply);
    (24) Outside or total air temperature;
    (25) Automatic Flight Control System (AFCS) modes and engagement 
status, including autothrottle;
    (26) Radio altitude (when an information source is installed);
    (27) Localizer deviation, MLS Azimuth;
    (28) Glideslope deviation, MLS Elevation;
    (29) Marker beacon passage;
    (30) Master warning;
    (31) Air/ground sensor (primary airplane system reference nose or 
main gear);
    (32) Angle of attack (when information source is installed);
    (33) Hydraulic pressure low (each system);
    (34) Ground speed (when an information source is installed);
    (35) Ground proximity warning system;
    (36) Landing gear position or landing gear cockpit control 
selection;
    (37) Drift angle (when an information source is installed);
    (38) Wind speed and direction (when an information source is 
installed);
    (39) Latitude and longitude (when an information source is 
installed);
    (40) Stick shaker/pusher (when an information source is installed);
    (41) Windshear (when an information source is installed);
    (42) Throttle/power lever position;
    (43) Additional engine parameters (as designated in Appendix M of 
this part);
    (44) Traffic alert and collision avoidance system;
    (45) DME 1 and 2 distances;
    (46) Nav 1 and 2 selected frequency;
    (47) Selected barometric setting (when an information source is 
installed);
    (48) Selected altitude (when an information source is installed);
    (49) Selected speed (when an information source is installed);
    (50) Selected mach (when an information source is installed);
    (51) Selected vertical speed (when an information source is 
installed);
    (52) Selected heading (when an information source is installed);
    (53) Selected flight path (when an information source is installed);
    (54) Selected decision height (when an information source is 
installed);
    (55) EFIS display format;
    (56) Multi-function/engine/alerts display format;
    (57) Thrust command (when an information source is installed);
    (58) Thrust target (when an information source is installed);
    (59) Fuel quantity in CG trim tank (when an information source is 
installed);
    (60) Primary Navigation System Reference;
    (61) Icing (when an information source is installed);
    (62) Engine warning each engine vibration (when an information 
source is installed);
    (63) Engine warning each engine over temp. (when an information 
source is installed);
    (64) Engine warning each engine oil pressure low (when an 
information source is installed);

[[Page 122]]

    (65) Engine warning each engine over speed (when an information 
source is installed);
    (66) Yaw trim surface position;
    (67) Roll trim surface position;
    (68) Brake pressure (selected system);
    (69) Brake pedal application (left and right);
    (70) Yaw or sideslip angle (when an information source is 
installed);
    (71) Engine bleed valve position (when an information source is 
installed);
    (72) De-icing or anti-icing system selection (when an information 
source is installed);
    (73) Computed center of gravity (when an information source is 
installed);
    (74) AC electrical bus status;
    (75) DC electrical bus status;
    (76) APU bleed valve position (when an information source is 
installed);
    (77) Hydraulic pressure (each system);
    (78) Loss of cabin pressure;
    (79) Computer failure;
    (80) Heads-up display (when an information source is installed);
    (81) Para-visual display (when an information source is installed);
    (82) Cockpit trim control input position--pitch;
    (83) Cockpit trim control input position--roll;
    (84) Cockpit trim control input position--yaw;
    (85) Trailing edge flap and cockpit flap control position;
    (86) Leading edge flap and cockpit flap control position;
    (87) Ground spoiler position and speed brake selection;
    (88) All cockpit flight control input forces (control wheel, control 
column, rudder pedal);
    (89) Yaw damper status;
    (90) Yaw damper command; and
    (91) Standby rudder valve status.
    (b) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991, by August 20, 2001.
    (1) For airplanes not equipped as of July 16, 1996, with a flight 
data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) 
through (a)(18) of this section must be recorded within the ranges and 
accuracies specified in Appendix B of this part, and--
    (i) For airplanes with more than two engines, the parameter 
described in paragraph (a)(18) is not required unless sufficient 
capacity is available on the existing recorder to record that parameter;
    (ii) Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.
    (2) For airplanes that were equipped as of July 16, 1996, with a 
flight data acquisition unit (FDAU), the parameters listed in paragraphs 
(a)(1) through (a)(22) of this section must be recorded within the 
ranges, accuracies, and recording intervals specified in Appendix M of 
this part. Parameters listed in paragraphs (a)(12) through (a)(17) each 
may be recorded from a single source.
    (3) The approved flight recorder required by this section must be 
installed at the earliest time practicable, but no later than the next 
heavy maintenance check after August 18, 1999 and no later than August 
20, 2001. A heavy maintenance check is considered to be any time an 
airplane is scheduled to be out of service for 4 or more days and is 
scheduled to include access to major structural components.
    (c) For all turbine-engine powered transport category airplanes 
manufactured on or before October 11, 1991--
    (1) That were equipped as of July 16, 1996, with one or more digital 
data bus(es) and an ARINC 717 digital flight data acquisition unit 
(DFDAU) or equivalent, the parameters specified in paragraphs (a)(1) 
through (a)(22) of this section must be recorded within the ranges, 
accuracies, resolutions, and sampling intervals specified in Appendix M 
of this part by August 20, 2001. Parameters listed in paragraphs (a)(12) 
through (a)(14) each may be recorded from a single source.
    (2) Commensurate with the capacity of the recording system (DFDAU or 
equivalent and the DFDR), all additional parameters for which 
information sources are installed and which are connected to the 
recording system must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in Appendix M of this part 
by August 20, 2001.

[[Page 123]]

    (3) That were subject to Sec. 121.343(e) of this part, all 
conditions of Sec. 121.343(e) must continue to be met until compliance 
with paragraph (c)(1) of this section is accomplished.
    (d) For all turbine-engine-powered transport category airplanes that 
were manufactured after October 11, 1991--
    (1) The parameters listed in paragraph (a)(1) through (a)(34) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in Appendix M of this 
part by August 20, 2001. Parameters listed in paragraphs (a)(12) through 
(a)(14) each may be recorded from a single source.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix M of this part by August 20, 2001.
    (e) For all turbine-engine-powered transport category airplanes that 
are manufactured after August 18, 2000--
    (1) The parameters listed in paragraph (a)(1) through (57) of this 
section must be recorded within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix M of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters for which information sources are installed and 
which are connected to the recording system, must be recorded within the 
ranges, accuracies, resolutions, and sampling intervals specified in 
Appendix M of this part.
    (3) In addition to the requirements of paragraphs (e)(1) and (e)(2) 
of this section, all Boeing 737 model airplanes must also comply with 
the requirements of paragraph (n) of this section, as applicable.
    (f) For all turbine-engine-powered transport category airplanes 
manufactured after August 19, 2002--
    (1) The parameters listed in paragraphs (a)(1) through (a)(88) of 
this section must be recorded within the ranges, accuracies, 
resolutions, and recording intervals specified in appendix M to this 
part.
    (2) In addition to the requirements of paragraphs (f)(1) of this 
section, all Boeing 737 model airplanes must also comply with the 
requirements of paragraph (n) of this section.
    (g) Whenever a flight data recorder required by this section is 
installed, it must be operated continuously from the instant the 
airplane begins its takeoff roll until it has completed its landing 
roll.
    (h) Except as provided in paragraph (i) of this section, and except 
for recorded data erased as authorized in this paragraph, each 
certificate holder shall keep the recorded data prescribed by this 
section, as appropriate, until the airplane has been operated for at 
least 25 hours of the operating time specified in Sec. 121.359(a) of 
this part. A total of 1 hour of recorded data may be erased for the 
purpose of testing the flight recorder or the flight recorder system. 
Any erasure made in accordance with this paragraph must be of the oldest 
recorded data accumulated at the time of testing. Except as provided in 
paragraph (i) of this section, no record need be kept more than 60 days.
    (i) In the event of an accident or occurrence that requires 
immediate notification of the National Transportation Safety Board under 
49 CFR 830 of its regulations and that results in termination of the 
flight, the certificate holder shall remove the recorder from the 
airplane and keep the recorder data prescribed by this section, as 
appropriate, for at least 60 days or for a longer period upon the 
request of the Board or the Administrator.
    (j) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 25.1459(a) 
(except paragraphs (a)(3)(ii) and (a)(7)), (b), (d) and (e) of this 
chapter. A correlation must be established between the values recorded 
by the flight data recorder and the corresponding values being measured. 
The correlation must contain a sufficient number of correlation points 
to accurately establish the conversion from the recorded values to 
engineering units or discrete state over the full operating range of the 
parameter. Except for airplanes having separate altitude

[[Page 124]]

and airspeed sensors that are an integral part of the flight data 
recorder system, a single correlation may be established for any group 
of airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are the 
same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Documentation sufficient to convert recorded data into 
the engineering units and discrete values specified in the applicable 
appendix must be maintained by the certificate holder.
    (k) Each flight data recorder required by this section must have an 
approved device to assist in locating that recorder under water.
    (l) The following airplanes that were manufactured before August 18, 
1997 need not comply with this section, but must continue to comply with 
applicable paragraphs of Sec. 121.343 of this chapter, as appropriate:
    (1) Airplanes that meet the State 2 noise levels of part 36 of this 
chapter and are subject to Sec. 91.801(c) of this chapter, until 
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane 
otherwise allowed to be operated under Part 91 of this chapter must 
comply with the applicable flight data recorder requirements of this 
section for that airplane.
    (2) British Aerospace 1-11, General Dynamics Convair 580, General 
Dynamics Convair 600, General Dynamics Convair 640, deHavilland Aircraft 
Company Ltd. DHC-7, Fairchild Industries FH 227, Fokker F-27 (except 
Mark 50), F-28 Mark 1000 and Mark 4000, Gulfstream Aerospace G-159, 
Jetstream 4100 Series, Lockheed Aircraft Corporation Electra 10-A, 
Lockheed Aircraft Corporation Electra 10-B, Lockheed Aircraft 
Corporation Electra 10-E, Lockheed Aircraft Corporation Electra L-188, 
Lockheed Martin Model 382 (L-100) Hercules, Maryland Air Industries, 
Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited 
SD3-30, Short Bros. Limited SD3-60.
    (m) All aircraft subject to the requirements of this section that 
are manufactured on or after April 7, 2010, must have a digital flight 
data recorder installed that also--
    (1) Meets the requirements of Sec. 25.1459(a)(3), (a)(7), and 
(a)(8) of this chapter; and
    (2) Retains the 25 hours of recorded information required in 
paragraph (h) of this section using a recorder that meets the standards 
of TSO-C124a, or later revision.
    (n) In addition to all other applicable requirements of this 
section, all Boeing 737 model airplanes manufactured after August 18, 
2000 must record the parameters listed in paragraphs (a)(88) through 
(a)(91) of this section within the ranges, accuracies, resolutions, and 
recording intervals specified in Appendix M to this part. Compliance 
with this paragraph is required no later than February 2, 2011.

[Doc. No. 28109, 62 FR 38378, July 17, 1997; 62 FR 48135, Sept. 12, 
1997, as amended by Amdt. 121-300, 68 FR 42936, July 18, 2003; 68 FR 
50069, Aug. 20, 2003; Amdt. 121-338, 73 FR 12565, Mar. 7, 2008; Amdt. 
121-342, 73 FR 73178, Dec. 2, 2008; Amdt. 121-338, 74 FR 32800, July 9, 
2009]



Sec. 121.344a  Digital flight data recorders for 10-19 seat airplanes.

    (a) Except as provided in paragraph (f) of this section, no person 
may operate under this part a turbine-engine-powered airplane having a 
passenger seating configuration, excluding any required crewmember seat, 
of 10 to 19 seats, that was brought onto the U.S. register after, or was 
registered outside the United States and added to the operator's U.S. 
operations specifications after, October 11, 1991, unless it is equipped 
with one or more approved flight recorders that use a digital method of 
recording and storing data and a method of readily retrieving that data 
from the storage medium. On or before August 20, 2001, airplanes brought 
onto the U.S. register after October 11, 1991, must comply with either 
the requirements in this section or the applicable paragraphs in Sec. 
135.152 of this chapter. In addition, by August 20, 2001.
    (1) The parameters listed in Sec. Sec. 121.344(a)(1) through 
121.344(a)(18) of this part must be recorded with the ranges, 
accuracies, and resolutions specified in Appendix B of part 135 of this 
chapter, except that--

[[Page 125]]

    (i) Either the parameter listed in Sec. 121.344 (a)(12) or (a)(15) 
of this part must be recorded; either the parameters listed in Sec. 
121.344(a)(13) or (a)(16) of this part must be recorded; and either the 
parameter listed in Sec. 121.344(a)(14) or (a)(17) of this part must be 
recorded.
    (ii) For airplanes with more than two engines, the parameter 
described in Sec. 121.344(a)(18) of this part must also be recorded if 
sufficient capacity is available on the existing recorder to record that 
parameter;
    (iii) Parameters listed in Sec. Sec. 121.344(a)(12) through 
121.344(a)(17) of this part each may be recorded from a single source;
    (iv) Any parameter for which no value is contained in Appendix B of 
part 135 of this chapter must be recorded within the ranges, accuracies, 
and resolutions specified in Appendix M of this part.
    (2) Commensurate with the capacity of the recording system (FDAU or 
equivalent and the DFDR), the parameters listed in Sec. Sec. 
121.344(a)(19) through 121.344(a)(22) of this part also must be recorded 
within the ranges, accuracies, resolutions, and recording intervals 
specified in Appendix B of part 135 of this chapter.
    (3) The approved flight recorder required by this section must be 
installed as soon as practicable, but no later than the next heavy 
maintenance check or equivalent after August 18, 1999. A heavy 
maintenance check is considered to be any time an airplane is scheduled 
to be out of service for 4 more days and is scheduled to include access 
to major structural components.
    (b) For a turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seat, of 10 to 
19 seats, that are manufactured after August 18, 2000.
    (1) The parameters listed in Sec. Sec. 121.344(a)(1) through 
121.344(a)(57) of this part, must be recorded within the ranges, 
accuracies, resolutions, and recording intervals specified in Appendix M 
of this part.
    (2) Commensurate with the capacity of the recording system, all 
additional parameters listed in Sec. 121.344(a) of this part for which 
information sources are installed and which are connected to the 
recording system, must be recorded within the ranges, accuracies, 
resolutions, and sampling intervals specified in Appendix M of this part 
by August 20, 2001.
    (c) For all turbine-engine-powered airplanes having a passenger 
seating configuration, excluding any required crewmember seats, of 10 to 
19 seats, that are manufactured after August 19, 2002, the parameters 
listed in Sec. 121.344(a)(1) through (a)(88) of this part must be 
recorded within the ranges, accuracies, resolutions, and recording 
intervals specified in Appendix M of this part.
    (d) Each flight data recorder system required by this section must 
be installed in accordance with the requirements of Sec. 23.1459(a) 
(except paragraphs (a)(3)(ii) and (6)), (b), (d) and (e) of this 
chapter. A correlation must be established between the values recorded 
by the flight data recorder and the corresponding values being measured. 
The correlation must contain a sufficient number of correlation points 
to accurately establish the conversion from the recorded values to 
engineering units or discrete state over the full operating range of the 
parameter. A single correlation may be established for any group of 
airplanes--
    (1) That are of the same type;
    (2) On which the flight recorder system and its installation are the 
same; and
    (3) On which there is no difference in the type design with respect 
to the installation of those sensors associated with the flight data 
recorder system. Correlation documentation must be maintained by the 
certificate holder.
    (e) All airplanes subject to this section are also subject to the 
requirements and exceptions stated in Sec. 121.344(g) through (k) and 
Sec. 121.346.
    (f) For airplanes that were manufactured before August 18, 1997, the 
following airplane types need not comply with this section, but must 
continue to comply with applicable paragraphs of Sec. 135.152 of this 
chapter, as appropriate: Beech Aircraft-99 Series, Beech Aircraft 1300, 
Beech Aircraft 1900C, Construcciones Aeronauticas, S.A. (CASA) C-212, 
deHavilland DHC-6, Dornier 228, HS-748, Embraer EMB 110,

[[Page 126]]

Jetstream 3101, Jetstream 3201, Fairchild Aircraft SA-226, Fairchild 
Metro SA-227.
    (g) All airplanes subject to the requirements of this section that 
are manufactured on or after April 7, 2010, must have a digital flight 
data recorder installed that also--
    (1) Meets the requirements in Sec. 23.1459(a)(3), (a)(6), and 
(a)(7) or Sec. 25.1459(a)(3), (a)(7), and (a)(8) of this chapter, as 
applicable; and
    (2) Retains the 25 hours of recorded information required in Sec. 
121.344(g) using a recorder that meets the standards of TSO-C124a, or 
later revision.

[Doc. No. 28109, 62 FR 38380, July 17, 1997; 62 FR 48135, Sept. 12, 
1997; 62 FR 65202, Dec. 11, 1997, as amended by Amdt. 121-300, 68 FR 
42936, July 18, 2003; Amdt. 121-338, 73 FR 12566, Mar. 7, 2008; Amdt. 
121-338, 74 FR 32801, July 9, 2009; Amdt. 121-347, 75 FR 7356, Feb. 19, 
2010]



Sec. 121.345  Radio equipment.

    (a) No person may operate an airplane unless it is equipped with 
radio equipment required for the kind of operation being conducted.
    (b) Where two independent (separate and complete) radio systems are 
required by Sec. Sec. 121.347 and 121.349, each system must have an 
independent antenna installation except that, where rigidly supported 
nonwire antennas or other antenna installations of equivalent 
reliability are used, only one antenna is required.
    (c) ATC transponder equipment installed within the time periods 
indicated below must meet the performance and environmental requirements 
of the following TSO's:
    (1) Through January 1, 1992: (i) Any class of TSO-C74b or any class 
of TSO-C74c as appropriate, provided that the equipment was manufactured 
before January 1, 1990; or
    (ii) The appropriate class of TSO-C112 (Mode S).
    (2) After January 1, 1992: The appropriate class of TSO-C112 (Mode 
S). For purposes of paragraph (c) (2) of this section, ``installation'' 
does not include--
    (i) Temporary installation of TSO-C74b or TSO-C74c substitute 
equipment, as appropriate, during maintenance of the permanent 
equipment;
    (ii) Reinstallation of equipment after temporary removal for 
maintenance; or
    (iii) For fleet operations, installation of equipment in a fleet 
aircraft after removal of the equipment for maintenance from another 
aircraft in the same operator's fleet.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-101, 
37 FR 28499, Dec. 27, 1972; Amdt. 121-190, 52 FR 3391, Feb. 3, 1987]



Sec. 121.346  Flight data recorders: filtered data.

    (a) A flight data signal is filtered when an original sensor signal 
has been changed in any way, other than changes necessary to:
    (1) Accomplish analog to digital conversion of the signal;
    (2) Format a digital signal to be DFDR compatible; or
    (3) Eliminate a high frequency component of a signal that is outside 
the operational bandwidth of the sensor.
    (b) An original sensor signal for any flight recorder parameter 
required to be recorded under Sec. 121.344 may be filtered only if the 
recorded signal value continues to meet the requirements of Appendix B 
or M of this part, as applicable.
    (c) For a parameter described in Sec. 121.344(a) (12) through (17), 
(42), or (88), or the corresponding parameter in Appendix B of this 
part, if the recorded signal value is filtered and does not meet the 
requirements of Appendix B or M of this part, as applicable, the 
certificate holder must:
    (1) Remove the filtering and ensure that the recorded signal value 
meets the requirements of Appendix B or M of this part, as applicable; 
or
    (2) Demonstrate by test and analysis that the original sensor signal 
value can be reconstructed from the recorded data. This demonstration 
requires that:
    (i) The FAA determine that the procedure and the test results 
submitted by the certificate holder as its compliance with paragraph 
(c)(2) of this section are repeatable; and
    (ii) The certificate holder maintains documentation of the procedure 
required to reconstruct the original sensor signal value. This 
documentation is

[[Page 127]]

also subject to the requirements of Sec. 121.344(i).
    (d) Compliance. Compliance is required as follows:
    (1) No later than October 20, 2011, each operator must determine, 
for each airplane on its operations specifications, whether the 
airplane's DFDR system is filtering any of the parameters listed in 
paragraph (c) of this section. The operator must create a record of this 
determination for each airplane it operates, and maintain it as part of 
the correlation documentation required by Sec. 121.344(j)(3) of this 
part.
    (2) For airplanes that are not filtering any listed parameter, no 
further action is required unless the airplane's DFDR system is modified 
in a manner that would cause it to meet the definition of filtering on 
any listed parameter.
    (3) For airplanes found to be filtering a parameter listed in 
paragraph (c) of this section, the operator must either:
    (i) No later than April 21, 2014, remove the filtering; or
    (ii) No later than April 22, 2013, submit the necessary procedure 
and test results required by paragraph (c)(2) of this section.
    (4) After April 21, 2014, no aircraft flight data recording system 
may filter any parameter listed in paragraph (c) of this section that 
does not meet the requirements of Appendix B or M of this part, unless 
the certificate holder possesses test and analysis procedures and the 
test results that have been approved by the FAA. All records of tests, 
analysis and procedures used to comply with this section must be 
maintained as part of the correlation documentation required by Sec. 
121.344(j)(3) of this part.

[Doc. No. FAA-2006-26135, 75 FR 7356, Feb. 19, 2010]



Sec. 121.347  Communication and navigation equipment for operations
under VFR over routes navigated by pilotage.

    (a) No person may operate an airplane under VFR over routes that can 
be navigated by pilotage unless the airplane is equipped with the radio 
communication equipment necessary under normal operating conditions to 
fulfill the following:
    (1) Communicate with at least one appropriate station from any point 
on the route;
    (2) Communicate with appropriate air traffic control facilities from 
any point within Class B, Class C, or Class D airspace, or within a 
Class E surface area designated for an airport in which flights are 
intended; and
    (3) Receive meteorological information from any point en route by 
either of two independent systems. One of the means provided to comply 
with this subparagraph may be used to comply with paragraphs (a)(1) and 
(2) of this section.
    (b) No person may operate an airplane at night under VFR over routes 
that can be navigated by pilotage unless that airplane is equipped 
with--
    (1) Radio communication equipment necessary under normal operating 
conditions to fulfill the functions specified in paragraph (a) of this 
section; and
    (2) Navigation equipment suitable for the route to be flown.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-226, 
56 FR 65663, Dec. 17, 1991; Amdt. 121-333, 72 FR 31681, June 7, 2007]



Sec. 121.349  Communication and navigation equipment for operations
under VFR over routes not navigated by pilotage or for operations 
under IFR or over the 
          top.

    (a) Navigation equipment requirements--General. No person may 
conduct operations under VFR over routes that cannot be navigated by 
pilotage, or operations conducted under IFR or over the top, unless--
    (1) The en route navigation aids necessary for navigating the 
airplane along the route (e.g., ATS routes, arrival and departure 
routes, and instrument approach procedures, including missed approach 
procedures if a missed approach routing is specified in the procedure) 
are available and suitable for use by the aircraft navigation systems 
required by this section;
    (2) The airplane used in those operations is equipped with at 
least--
    (i) Except as provided in paragraph (c) of this section, two 
approved independent navigation systems suitable for navigating the 
airplane along the

[[Page 128]]

route to be flown within the degree of accuracy required for ATC;
    (ii) One marker beacon receiver providing visual and aural signals; 
and
    (iii) One ILS receiver; and
    (3) Any RNAV system used to meet the navigation equipment 
requirements of this section is authorized in the certificate holder's 
operations specifications.
    (b) Communication equipment requirements. No person may operate an 
airplane under VFR over routes that cannot be navigated by pilotage, and 
no person may operate an airplane under IFR or over the top, unless the 
airplane is equipped with--
    (1) At least two independent communication systems necessary under 
normal operating conditions to fulfill the functions specified in Sec. 
121.347 (a); and
    (2) At least one of the communication systems required by paragraph 
(b)(1) of this section must have two-way voice communication capability.
    (c) Use of a single independent navigation system for operations 
under VFR over routes that cannot be navigated by pilotage, or 
operations conducted under IFR or over the top. Notwithstanding the 
requirements of paragraph (a)(2)(i) of this section, the airplane may be 
equipped with a single independent navigation system suitable for 
navigating the airplane along the route to be flown within the degree of 
accuracy required for ATC if:
    (1) It can be shown that the airplane is equipped with at least one 
other independent navigation system suitable, in the event of loss of 
the navigation capability of the single independent navigation system 
permitted by this paragraph at any point along the route, for proceeding 
safely to a suitable airport and completing an instrument approach; and
    (2) The airplane has sufficient fuel so that the flight may proceed 
safely to a suitable airport by use of the remaining navigation system, 
and complete an instrument approach and land.
    (d) Use of VOR navigation equipment. If VOR navigation equipment is 
used to comply with paragraph (a) or (c) of this section, no person may 
operate an airplane unless it is equipped with at least one approved DME 
or suitable RNAV system.
    (e) Additional communication system equipment requirements for 
operators subject to Sec. 121.2. In addition to the requirements in 
paragraph (b) of this section, no person may operate an airplane having 
a passenger seat configuration of 10 to 30 seats, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds or less, 
under IFR, over the top, or in extended over-water operations unless it 
is equipped with at least--
    (1) Two microphones; and
    (2) Two headsets, or one headset and one speaker.

[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007]



Sec. 121.351  Communication and navigation equipment for extended 
over-water operations and for certain other operations.

    (a) Except as provided in paragraph (c) of this section, no person 
may conduct an extended over-water operation unless the airplane is 
equipped with at least two independent long-range navigation systems and 
at least two independent long-range communication systems necessary 
under normal operating conditions to fulfill the following functions--
    (1) Communicate with at least one appropriate station from any point 
on the route;
    (2) Receive meteorological information from any point on the route 
by either of two independent communication systems. One of the 
communication systems used to comply with this paragraph may be used to 
comply with paragraphs (a)(1) and (a)(3) of this section; and
    (3) At least one of the communication systems must have two-way 
voice communication capability.
    (b) No certificate holder conducting a flag or supplemental 
operation or a domestic operation within the State of Alaska may conduct 
an operation without the equipment specified in paragraph (a) of this 
section, if the Administrator finds that equipment to be necessary for 
search and rescue operations because of the nature of the terrain to be 
flown over.
    (c) Notwithstanding the requirements of paragraph (a) of this 
section, installation and use of a single LRNS

[[Page 129]]

and a single LRCS may be authorized by the Administrator and approved in 
the certificate holder's operations specifications for operations and 
routes in certain geographic areas. The following are among the 
operational factors the Administrator may consider in granting an 
authorization:
    (1) The ability of the flightcrew to navigate the airplane along the 
route within the degree of accuracy required for ATC,
    (2) The length of the route being flown, and
    (3) The duration of the very high frequency communications gap.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2611, Jan. 26, 1996; Amdt. 121-254, 61 FR 7191, Feb. 26, 1996; 
Amdt. 121-333, 72 FR 31682, June 7, 2007]



Sec. 121.353  Emergency equipment for operations over uninhabited 
terrain areas: Flag, supplemental, and certain domestic operations.

    Unless the airplane has the following equipment, no person may 
conduct a flag or supplemental operation or a domestic operation within 
the States of Alaska or Hawaii over an uninhabited area or any other 
area that (in its operations specifications) the Administrator specifies 
required equipment for search and rescue in case of an emergency:
    (a) Suitable pyrotechnic signaling devices.
    (b) An approved survival type emergency locator transmitter. 
Batteries used in this transmitter must be replaced (or recharged, if 
the battery is rechargeable) when the transmitter has been in use for 
more than 1 cumulative hour, or 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. The 
battery useful life (or useful life of charge) requirements of this 
paragraph do not apply to batteries (such as water-activated batteries) 
that are essentially unaffected during probable storage intervals.
    (c) Enough survival kits, appropriately equipped for the route to be 
flown for the number of occupants of the airplane.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-79, 
36 FR 18724, Sept. 21, 1971; Amdt. 121-106, 38 FR 22378 Aug. 20, 1973; 
Amdt. 121-158, 45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, 
June 21, 1994; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]



Sec. 121.354  Terrain awareness and warning system.

    (a) Airplanes manufactured after March 29, 2002. No person may 
operate a turbine-powered airplane unless that airplane is equipped with 
an approved terrain awareness and warning system that meets the 
requirements for Class A equipment in Technical Standard Order (TSO)-
C151. The airplane must also include an approved terrain situational 
awareness display.
    (b) Airplanes manufactured on or before March 29, 2002. No person 
may operate a turbine-powered airplane after March 29, 2005, unless that 
airplane is equipped with an approved terrain awareness and warning 
system that meets the requirements for Class A equipment in Technical 
Standard Order (TSO)-C151. The airplane must also include an approved 
terrain situational awareness display.

(Approved by the Office of Management and Budget under control number 
2120-0631)

    (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.

[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]



Sec. 121.355  Equipment for operations on which specialized means 
of navigation are used.

    (a) No certificate holder may conduct an operation--
    (1) Using Doppler Radar or an Inertial Navigation System outside the 
48 contiguous States and the District of Columbia, unless such systems 
have been approved in accordance with appendix G to this part; or

[[Page 130]]

    (2) Using Doppler Radar or an Inertial Navigation System within the 
48 contiguous States and the District of Columbia, or any other 
specialized means of navigation, unless it shows that an adequate 
airborne system is provided for the specialized navigation authorized 
for the particular operation.
    (b) Notwithstanding paragraph (a) of this section, Doppler Radar and 
Inertial Navigation Systems, and the training programs, maintenance 
programs, relevant operations manual material, and minimum equipment 
lists prepared in accordance therewith, approved before April 29, 1972, 
are not required to be approved in accordance with that paragraph.

[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972]



Sec. 121.356  Collision avoidance system.

    Effective January 1, 2005, any airplane you operate under this part 
must be equipped and operated according to the following table:

                       Collision Avoidance Systems
------------------------------------------------------------------------
                                            Then you must operate that
          If you operate any--                   airplane with--
------------------------------------------------------------------------
(a) Turbine-powered airplane of more     (1) An appropriate class of
 than 33,000 pounds maximum               Mode S transponder that meets
 certificated takeoff weight.             Technical Standard Order (TSO)
                                          C-112, or a later version, and
                                          one of the following approved
                                          units:
                                         (i) TCAS II that meets TSO C-
                                          119b (version 7.0), or takeoff
                                          weight a later version.
                                         (ii) TCAS II that meets TSO C-
                                          119a (version 6.04A Enhanced)
                                          that was installed in that
                                          airplane before May 1, 2003.
                                          If that TCAS II version 6.04A
                                          Enhanced no longer can be
                                          repaired to TSO C-119a
                                          standards, it must be replaced
                                          with a TCAS II that meets TSO
                                          C-119b (version 7.0), or a
                                          later version.
                                         (iii) A collision avoidance
                                          system equivalent to TSO C-
                                          119b (version 7.0), or a later
                                          version, capable of
                                          coordinating with units that
                                          meet TSO C-119a (version 6.04A
                                          Enhanced), or a later version.
(b) Passenger or combination cargo/      (1) TCAS I that meets TSO C-
 passenger (combi) airplane that has a    118, or a later version, or
 passenger seat configuration of 10-30   (2) A collision avoidance
 seats.                                   system equivalent to has a TSO
                                          C-118, or a later version, or
                                         (3) A collision avoidance
                                          system and Mode S transponder
                                          that meet paragraph (a)(1) of
                                          this section.
(c) Piston-powered airplane of more      (1) TCAS I that meets TSO C-
 than 33,000 pounds maximum               118, or a later version, or
 certificated takeoff weight.            (2) A collision avoidance
                                          system equivalent to maximum
                                          TSO C-118, or a later version,
                                          or
                                         (3) A collision avoidance
                                          system and Mode S transponder
                                          that meet paragraph (a)(1) of
                                          this section.
------------------------------------------------------------------------


[Doc. No. FAA-2001-10910, 68 FR 15902, Apr. 1, 2003]



Sec. 121.357  Airborne weather radar equipment requirements.

    (a) No person may operate any transport category airplane (except C-
46 type airplanes) or a nontransport category airplane certificated 
after December 31, 1964, unless approved airborne weather radar 
equipment has been installed in the airplane.
    (b) [Reserved]
    (c) Each person operating an airplane required to have approved 
airborne weather radar equipment installed shall, when using it under 
this part, operate it in accordance with the following:
    (1) Dispatch. No person may dispatch an airplane (or begin the 
flight of an airplane in the case of a certificate holder, that does not 
use a dispatch system) under IFR or night VFR conditions when current 
weather reports indicate that thunderstorms, or other potentially 
hazardous weather conditions that can be detected with airborne weather 
radar, may reasonably be expected along the route to be flown, unless 
the airborne weather radar equipment is in satisfactory operating 
condition.
    (2) If the airborne weather radar becomes inoperative en route, the 
airplane must be operated in accordance with the approved instructions 
and procedures specified in the operations manual for such an event.
    (d) This section does not apply to airplanes used solely within the 
State of Hawaii or within the State of Alaska and that part of Canada 
west of longitude 130 degrees W, between latitude 70 degrees N, and 
latitude 53 degrees N, or during any training, test, or ferry flight.

[[Page 131]]

    (e) Notwithstanding any other provision of this chapter, an 
alternate electrical power supply is not required for airborne weather 
radar equipment.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-18, 
31 FR 5825, Apr. 15, 1966; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; 
Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]



Sec. 121.358  Low-altitude windshear system equipment requirements.

    (a) Airplanes manufactured after January 2, 1991. No person may 
operate a turbine-powered airplane manufactured after January 2, 1991, 
unless it is equipped with either an approved airborne windshear warning 
and flight guidance system, an approved airborne detection and avoidance 
system, or an approved combination of these systems.
    (b) Airplanes manufactured before January 3, 1991. Except as 
provided in paragraph (c) of this section, after January 2, 1991, no 
person may operate a turbine-powered airplane manufactured before 
January 3, 1991 unless it meets one of the following requirements as 
applicable.
    (1) The makes/models/series listed below must be equipped with 
either an approved airborne windshear warning and flight guidance 
system, an approved airborne detection and avoidance system, or an 
approved combination of these systems:
    (i) A-300-600;
    (ii) A-310--all series;
    (iii) A-320--all series;
    (iv) B-737-300, 400, and 500 series;
    (v) B-747-400;
    (vi) B-757--all series;
    (vii) B-767--all series;
    (viii) F-100--all series;
    (ix) MD-11--all series; and
    (x) MD-80 series equipped with an EFIS and Honeywell-970 digital 
flight guidance computer.
    (2) All other turbine-powered airplanes not listed above must be 
equipped with as a minimum requirement, an approved airborne windshear 
warning system. These airplanes may be equipped with an approved 
airborne windshear detection and avoidance system, or an approved 
combination of these systems.
    (c) Extension of the compliance date. A certificate holder may 
obtain an extension of the compliance date in paragraph (b) of this 
section if it obtains FAA approval of a retrofit schedule. To obtain 
approval of a retrofit schedule and show continued compliance with that 
schedule, a certificate holder must do the following:
    (1) Submit a request for approval of a retrofit schedule by June 1, 
1990, to the Flight Standards Division Manager in the region of the 
certificate holding district office.
    (2) Show that all of the certificate holder's airplanes required to 
be equipped in accordance with this section will be equipped by the 
final compliance date established for TCAS II retrofit.
    (3) Comply with its retrofit schedule and submit status reports 
containing information acceptable to the Administrator. The initial 
report must be submitted by January 2, 1991, and subsequent reports must 
be submitted every six months thereafter until completion of the 
schedule. The reports must be submitted to the certificate holder's 
assigned Principal Avionics Inspector.
    (d) Definitions. For the purposes of this section the following 
definitions apply--
    (1) Turbine-powered airplane includes, e.g., turbofan-, turbojet-, 
propfan-, and ultra-high bypass fan-powered airplanes. The definition 
specifically excludes turbopropeller-powered airplanes.
    (2) An airplane is considered manufactured on the date the 
inspection acceptance records reflect that the airplane is complete and 
meets the FAA Approved Type Design data.

[Doc. No. 25954, 55 FR 13242, Apr. 9, 1990]



Sec. 121.359  Cockpit voice recorders.

    (a) No certificate holder may operate a large turbine engine powered 
airplane or a large pressurized airplane with four reciprocating engines 
unless an approved cockpit voice recorder is installed in that airplane 
and is operated continuously from the start of the use of the checklist 
(before starting engines for the purpose of flight), to completion of 
the final checklist at the termination of the flight.
    (b) [Reserved]
    (c) The cockpit voice recorder required by paragraph (a) of this 
section

[[Page 132]]

must meet the following application standards:
    (1) The requirements of part 25 of this chapter in affect on August 
31, 1977.
    (2) After September 1, 1980, each recorder container must--
    (i) Be either bright orange or bright yellow;
    (ii) Have reflective tape affixed to the external surface to 
facilitate its location under water; and
    (iii) Have an approved underwater locating device on or adjacent to 
the container which is secured in such a manner that they are not likely 
to be separated during crash impact, unless the cockpit voice recorder, 
and the flight recorder required by Sec. 121.343, are installed 
adjacent to each other in such a manner that they are not likely to be 
separated during crash impact.
    (d) No person may operate a multiengine, turbine-powered airplane 
having a passenger seat configuration of 10-19 seats 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)(1)(i), (2) and (3), (e), (f), and (g); or Sec. 
25.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (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.
    (e) No person may operate a multiengine, turbine-powered airplane 
having a passenger seat configuration of 20 to 30 seats unless it is 
equipped with an approved cockpit voice recorder that--
    (1) Is installed in accordance with the requirements of Sec. 
23.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) or Sec. 
25.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) 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 30 
minutes earlier may be erased or otherwise obliterated.
    (g) For those aircraft equipped to record the uninterrupted audio 
signals received by a boom or a mask microphone, the flight crewmembers 
are required to use the boom microphone below 18,000 feet mean sea 
level. No person may operate a large turbine engine powered airplane or 
a large pressurized airplane with four reciprocating engines 
manufactured after October 11, 1991, or on which a cockpit voice 
recorder has been installed after October 11, 1991, unless it is 
equipped to record the uninterrupted audio signal received by a boom or 
mask microphone in accordance with Sec. 25.1457(c)(5) of this chapter.
    (h) In the event of an accident or occurrence requiring immediate 
notification of the National Transportation Safety Board under part 830 
of its regulations, which results in the termination of the flight, the 
certificate holder shall keep the recorded information for at least 60 
days or, if requested by the Administrator or the Board, for a longer 
period. Information obtained from the record is used to assist in 
determining the cause of accidents or occurrences in connection with 
investigations under part 830. The Administrator does not use the record 
in any civil penalty or certificate action.
    (i) By April 7, 2012, all turbine engine-powered airplanes subject 
to this section that are manufactured before April 7, 2010, must have a 
cockpit voice recorder installed that also--
    (1) Meets the requirements of Sec. 23.1457(d)(6) or Sec. 
25.1457(d)(6) of this chapter, as applicable;
    (2) Retains at least the last 2 hours of recorded information using 
a recorder that meets the standards of TSO-C123a, or later revision; and
    (3) Is operated continuously from the use of the checklist before 
the flight to completion of the final checklist at the end of the 
flight.
    (4) If transport category, meets the requirements in Sec. 
25.1457(a)(3), (a)(4), and (a)(5) of this chapter.
    (j) All turbine engine-powered airplanes subject to this section 
that are manufactured on or after April 7, 2010, must have a cockpit 
voice recorder installed that also--
    (1) Is installed in accordance with the requirements of Sec. 
23.1457 (except for

[[Page 133]]

paragraph (a)(6) or Sec. 25.1457 (except for paragraph (a)(6)) of this 
chapter, as applicable;
    (2) Retains at least the last 2 hours of recorded information using 
a recorder that meets the standards of TSO-C123a, or later revision; and
    (3) Is operated continuously from the use of the checklist before 
the flight to completion of the final checklist at the end of the 
flight.
    (4) For all airplanes manufactured on or after December 6, 2010, 
also meets the requirements of Sec. 23.1457(a)(6) or Sec. 
25.1457(a)(6) of this chapter, as applicable.
    (k) All airplanes required by this part to have a cockpit voice 
recorder and a flight data recorder, that install datalink communication 
equipment on or after December 6, 2010, must record all datalink 
messages as required by the certification rule applicable to the 
airplane.

[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]

    Editorial Note: For Federal Register citations affecting Sec. 
121.359, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 121.360  [Reserved]



     Subpart L_Maintenance, Preventive Maintenance, and Alterations

    Source: Docket No. 6258, 29 FR 19210, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.361  Applicability.

    (a) Except as provided by paragraph (b) of this section, this 
subpart prescribes requirements for maintenance, preventive maintenance, 
and alterations for all certificate holders.
    (b) The Administrator may amend a certificate holder's operations 
specifications to permit deviation from those provisions of this subpart 
that would prevent the return to service and use of airframe components, 
powerplants, appliances, and spare parts thereof because those items 
have been maintained, altered, or inspected by persons employed outside 
the United States who do not hold U.S. airman certificates. Each 
certificate holder who uses parts under this deviation must provide for 
surveillance of facilities and practices to assure that all work 
performed on these parts is accomplished in accordance with the 
certificate holder's manual.

[Doc. No. 8754, 33 FR 14406, Sept. 25, 1968]



Sec. 121.363  Responsibility for airworthiness.

    (a) Each certificate holder is primarily responsible for--
    (1) The airworthiness of its aircraft, including airframes, aircraft 
engines, propellers, appliances, and parts thereof; and
    (2) The performance of the maintenance, preventive maintenance, and 
alteration of its aircraft, including airframes, aircraft engines, 
propellers, appliances, emergency equipment, and parts thereof, in 
accordance with its manual and the regulations of this chapter.
    (b) A certificate holder may make arrangements with another person 
for the performance of any maintenance, preventive maintenance, or 
alterations. However, this does not relieve the certificate holder of 
the responsibility specified in paragraph (a) of this section.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-106, 
38 FR 22378, Aug. 20, 1973]



Sec. 121.365  Maintenance, preventive maintenance, and alteration
organization.

    (a) Each certificate holder that performs any of its maintenance 
(other than required inspections), preventive maintenance, or 
alterations, and each person with whom it arranges for the performance 
of that work must have an organization adequate to perform the work.
    (b) Each certificate holder that performs any inspections required 
by its manual in accordance with Sec. 121.369(b)(2) or (3) (in this 
subpart referred to as required inspections) and each person with whom 
it arranges for the performance of that work must have an organization 
adequate to perform that work.
    (c) Each person performing required inspections in addition to other 
maintenance, preventive maintenance, or

[[Page 134]]

alterations, shall organize the performance of those functions so as to 
separate the required inspection functions from the other maintenance, 
preventive maintenance, and alteration functions. The separation shall 
be below the level of administrative control at which overall 
responsibility for the required inspection functions and other 
maintenance, preventive maintenance, and alteration functions are 
exercised.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3639, Mar. 19, 1965]



Sec. 121.367  Maintenance, preventive maintenance, and alterations
programs.

    Each certificate holder shall have an inspection program and a 
program covering other maintenance, preventive maintenance, and 
alterations that ensures that--
    (a) Maintenance, preventive maintenance, and alterations performed 
by it, or by other persons, are performed in accordance with the 
certificate holder's manual;
    (b) Competent personnel and adequate facilities and equipment are 
provided for the proper performance of maintenance, preventive 
maintenance, and alterations; and
    (c) Each aircraft released to service is airworthy and has been 
properly maintained for operation under this part.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-100, 
37 FR 28053, Dec. 20, 1972]



Sec. 121.368  [Reserved]



Sec. 121.369  Manual requirements.

    (a) The certificate holder shall put in its manual a chart or 
description of the certificate holder's organization required by Sec. 
121.365 and a list of persons with whom it has arranged for the 
performance of any of its required inspections, other maintenance, 
preventive maintenance, or alterations, including a general description 
of that work.
    (b) The certificate holder's manual must contain the programs 
required by Sec. 121.367 that must be followed in performing 
maintenance, preventive maintenance, and alterations of that certificate 
holder's airplanes, including airframes, aircraft engines, propellers, 
appliances, emergency equipment, and parts thereof, and must include at 
least the following:
    (1) The method of performing routine and nonroutine maintenance 
(other than required inspections), preventive maintenance, and 
alterations.
    (2) A designation of the items of maintenance and alteration that 
must be inspected (required inspections), including at least those that 
could result in a failure, malfunction, or defect endangering the safe 
operation of the aircraft, if not performed properly or if improper 
parts or materials are used.
    (3) The method of performing required inspections and a designation 
by occupational title of personnel authorized to perform each required 
inspection.
    (4) Procedures for the reinspection of work performed pursuant to 
previous required inspection findings (buy-back procedures).
    (5) Procedures, standards, and limits necessary for required 
inspections and acceptance or rejection of the items required to be 
inspected and for periodic inspection and calibration of precision 
tools, measuring devices, and test equipment.
    (6) Procedures to ensure that all required inspections are 
performed.
    (7) Instructions to prevent any person who performs any item of work 
from performing any required inspection of that work.
    (8) Instructions and procedures to prevent any decision of an 
inspector, regarding any required inspection from being countermanded by 
persons other than supervisory personnel of the inspection unit, or a 
person at that level of administrative control that has overall 
responsibility for the management of both the required inspection 
functions and the other maintenance, preventive maintenance, and 
alterations functions.
    (9) Procedures to ensure that required inspections, other 
maintenance, preventive maintenance, and alterations that are not 
completed as a result of shift changes or similar work interruptions are 
properly completed before the aircraft is released to service.

[[Page 135]]

    (c) The certificate holder must set forth in its manual a suitable 
system (which may include a coded system) that provides for preservation 
and retrieval of information in a manner acceptable to the Administrator 
and that provides--
    (1) A description (or reference to data acceptable to the 
Administrator) of the work performed;
    (2) The name of the person performing the work if the work is 
performed by a person outside the organization of the certificate 
holder; and
    (3) The name or other positive identification of the individual 
approving the work.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-94, 
37 FR 15983, Aug. 9, 1972; Amdt. 121-106, 38 FR 22378, Aug. 20, 1973]



Sec. Sec. 121.370-121.370a  [Reserved]



Sec. 121.371  Required inspection personnel.

    (a) No person may use any person to perform required inspections 
unless the person performing the inspection is appropriately 
certificated, properly trained, qualified, and authorized to do so.
    (b) No person may allow any person to perform a required inspection 
unless, at that time, the person performing that inspection is under the 
supervision and control of an inspection unit.
    (c) No person may perform a required inspection if he performed the 
item of work required to be inspected.
    (d) Each certificate holder shall maintain, or shall determine that 
each person with whom it arranges to perform its required inspections 
maintains, a current listing of persons who have been trained, 
qualified, and authorized to conduct required inspections. The persons 
must be identified by name, occupational title, and the inspections that 
they are authorized to perform. The certificate holder (or person with 
whom it arranges to perform its required inspections) shall give written 
information to each person so authorized describing the extent of his 
responsibilities, authorities, and inspectional limitations. The list 
shall be made available for inspection by the Administrator upon 
request.



Sec. 121.373  Continuing analysis and surveillance.

    (a) Each certificate holder shall establish and maintain a system 
for the continuing analysis and surveillance of the performance and 
effectiveness of its inspection program and the program covering other 
maintenance, preventive maintenance, and alterations and for the 
correction of any deficiency in those programs, regardless of whether 
those programs are carried out by the certificate holder or by another 
person.
    (b) Whenever the Administrator finds that either or both of the 
programs described in paragraph (a) of this section does not contain 
adequate procedures and standards to meet the requirements of this part, 
the certificate holder shall, after notification by the Administrator, 
make any changes in those programs that are necessary to meet those 
requirements.
    (c) A certificate holder may petition the Administrator to 
reconsider the notice to make a change in a program. The petition must 
be filed with the FAA certificate-holding district office charged with 
the overall inspection of the certificate holder's operations within 30 
days after the certificate holder receives the notice. Except in the 
case of an emergency requiring immediate action in the interest of 
safety, the filing of the petition stays the notice pending a decision 
by the Administrator.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-207, 
54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]



Sec. 121.374  Continuous airworthiness maintenance program (CAMP) 
for two-engine ETOPS.

    In order to conduct an ETOPS flight using a two-engine airplane, 
each certificate holder must develop and comply with the ETOPS 
continuous airworthiness maintenance program, as authorized in the 
certificate holder's operations specifications, for each airplane-engine 
combination used in ETOPS. The certificate holder must develop this 
ETOPS CAMP by supplementing the manufacturer's maintenance program or 
the CAMP currently approved for the certificate

[[Page 136]]

holder. This ETOPS CAMP must include the following elements:
    (a) ETOPS maintenance document. The certificate holder must have an 
ETOPS maintenance document for use by each person involved in ETOPS.
    (1) The document must--
    (i) List each ETOPS significant system,
    (ii) Refer to or include all of the ETOPS maintenance elements in 
this section,
    (iii) Refer to or include all supportive programs and procedures,
    (iv) Refer to or include all duties and responsibilities, and
    (v) Clearly state where referenced material is located in the 
certificate holder's document system.
    (b) ETOPS pre-departure service check. Except as provided in 
Appendix P of this part, the certificate holder must develop a pre-
departure check tailored to their specific operation.
    (1) The certificate holder must complete a pre-departure service 
check immediately before each ETOPS flight.
    (2) At a minimum, this check must--
    (i) Verify the condition of all ETOPS Significant Systems;
    (ii) Verify the overall status of the airplane by reviewing 
applicable maintenance records; and
    (iii) Include an interior and exterior inspection to include a 
determination of engine and APU oil levels and consumption rates.
    (3) An appropriately trained maintenance person, who is ETOPS 
qualified, must accomplish and certify by signature ETOPS specific 
tasks. Before an ETOPS flight may commence, an ETOPS pre-departure 
service check (PDSC) Signatory Person, who has been authorized by the 
certificate holder, must certify by signature, that the ETOPS PDSC has 
been completed.
    (4) For the purposes of this paragraph (b) only, the following 
definitions apply:
    (i) ETOPS qualified person: A person is ETOPS qualified when that 
person satisfactorily completes the operator's ETOPS training program 
and is authorized by the certificate holder.
    (ii) ETOPS PDSC Signatory Person: A person is an ETOPS PDSC 
Signatory Person when that person is ETOPS qualified and that person:
    (A) When certifying the completion of the ETOPS PDSC in the United 
States:
    (1) Works for an operator authorized to engage in part 121 operation 
or works for a part 145 repair station; and
    (2) Holds a U.S. Mechanic's Certificate with airframe and powerplant 
ratings.
    (B) When certifying the completion of the ETOPS PDSC outside of the 
U.S. holds a certificate in accordance with Sec. 43.17(c)(1) of this 
chapter; or
    (C) When certifying the completion of the ETOPS PDSC outside the 
U.S. holds the certificates needed or has the requisite experience or 
training to return aircraft to service on behalf of an ETOPS maintenance 
entity.
    (iii) ETOPS maintenance entity: An entity authorized to perform 
ETOPS maintenance and complete ETOPS PDSC and that entity is:
    (A) Certificated to engage in part 121 operations;
    (B) Repair station certificated under part 145 of this chapter; or
    (C) Entity authorized pursuant to Sec. 43.17(c)(2) of this chapter.
    (c) Limitations on dual maintenance.(1) Except as specified in 
paragraph (c)(2), the certificate holder may not perform scheduled or 
unscheduled dual maintenance during the same maintenance visit on the 
same or a substantially similar ETOPS Significant System listed in the 
ETOPS maintenance document, if the improper maintenance could result in 
the failure of an ETOPS Significant System.
    (2) In the event dual maintenance as defined in paragraph (c)(1) of 
this section cannot be avoided, the certificate holder may perform 
maintenance provided:
    (i) The maintenance action on each affected ETOPS Significant System 
is performed by a different technician, or
    (ii) The maintenance action on each affected ETOPS Significant 
System is performed by the same technician under the direct supervision 
of a second qualified individual; and
    (iii) For either paragraph (c)(2)(i) or (ii) of this section, a 
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed

[[Page 137]]

pursuant to paragraph (d) of this section.
    (d) Verification program. The certificate holder must develop and 
maintain a program for the resolution of discrepancies that will ensure 
the effectiveness of maintenance actions taken on ETOPS Significant 
Systems. The verification program must identify potential problems and 
verify satisfactory corrective action. The verification program must 
include ground verification and in-flight verification policy and 
procedures. The certificate holder must establish procedures to indicate 
clearly who is going to initiate the verification action and what action 
is necessary. The verification action may be performed on an ETOPS 
revenue flight provided the verification action is documented as 
satisfactorily completed upon reaching the ETOPS Entry Point.
    (e) Task identification. The certificate holder must identify all 
ETOPS-specific tasks. An appropriately trained mechanic who is ETOPS 
qualified must accomplish and certify by signature that the ETOPS-
specific task has been completed.
    (f) Centralized maintenance control procedures. The certificate 
holder must develop and maintain procedures for centralized maintenance 
control for ETOPS.
    (g) Parts control program. The certificate holder must develop an 
ETOPS parts control program to ensure the proper identification of parts 
used to maintain the configuration of airplanes used in ETOPS.
    (h) Reliability program. The certificate holder must have an ETOPS 
reliability program. This program must be the certificate holder's 
existing reliability program or its Continuing Analysis and Surveillance 
System (CASS) supplemented for ETOPS. This program must be event-
oriented and include procedures to report the events listed below, as 
follows:
    (1) The certificate holder must report the following events within 
96 hours of the occurrence to its certificate holding district office 
(CHDO):
    (i) IFSDs, except planned IFSDs performed for flight training.
    (ii) Diversions and turnbacks for failures, malfunctions, or defects 
associated with any airplane or engine system.
    (iii) Uncommanded power or thrust changes or surges.
    (iv) Inability to control the engine or obtain desired power or 
thrust.
    (v) Inadvertent fuel loss or unavailability, or uncorrectable fuel 
imbalance in flight.
    (vi) Failures, malfunctions or defects associated with ETOPS 
Significant Systems.
    (vii) Any event that would jeopardize the safe flight and landing of 
the airplane on an ETOPS flight.
    (2) The certificate holder must investigate the cause of each event 
listed in paragraph (h)(1) of this section and submit findings and a 
description of corrective action to its CHDO. The report must include 
the information specified in Sec. 121.703(e). The corrective action 
must be acceptable to its CHDO.
    (i) Propulsion system monitoring. (1) If the IFSD rate (computed on 
a 12-month rolling average) for an engine installed as part of an 
airplane-engine combination exceeds the following values, the 
certificate holder must do a comprehensive review of its operations to 
identify any common cause effects and systemic errors. The IFSD rate 
must be computed using all engines of that type in the certificate 
holder's entire fleet of airplanes approved for ETOPS.
    (i) A rate of 0.05 per 1,000 engine hours for ETOPS up to and 
including 120 minutes.
    (ii) A rate of 0.03 per 1,000 engine hours for ETOPS beyond 120-
minutes up to and including 207 minutes in the North Pacific Area of 
Operation and up to and including 180 minutes elsewhere.
    (iii) A rate of 0.02 per 1,000 engine hours for ETOPS beyond 207 
minutes in the North Pacific Area of Operation and beyond 180 minutes 
elsewhere.
    (2) Within 30 days of exceeding the rates above, the certificate 
holder must submit a report of investigation and any necessary 
corrective action taken to its CHDO.
    (j) Engine condition monitoring. (1) The certificate holder must 
have an engine condition monitoring program to detect deterioration at 
an early stage and to allow for corrective action before safe operation 
is affected.

[[Page 138]]

    (2) This program must describe the parameters to be monitored, the 
method of data collection, the method of analyzing data, and the process 
for taking corrective action.
    (3) The program must ensure that engine-limit margins are maintained 
so that a prolonged engine-inoperative diversion may be conducted at 
approved power levels and in all expected environmental conditions 
without exceeding approved engine limits. This includes approved limits 
for items such as rotor speeds and exhaust gas temperatures.
    (k) Oil-consumption monitoring. The certificate holder must have an 
engine oil consumption monitoring program to ensure that there is enough 
oil to complete each ETOPS flight. APU oil consumption must be included 
if an APU is required for ETOPS. The operator's oil consumption limit 
may not exceed the manufacturer's recommendation. Monitoring must be 
continuous and include oil added at each ETOPS departure point. The 
program must compare the amount of oil added at each ETOPS departure 
point with the running average consumption to identify sudden increases.
    (l) APU in-flight start program. If the airplane type certificate 
requires an APU but does not require the APU to run during the ETOPS 
portion of the flight, the certificate holder must develop and maintain 
a program acceptable to the FAA for cold soak in-flight start-and-run 
reliability.
    (m) Maintenance training. For each airplane-engine combination, the 
certificate holder must develop a maintenance training program that 
provides training adequate to support ETOPS. It must include ETOPS 
specific training for all persons involved in ETOPS maintenance that 
focuses on the special nature of ETOPS. This training must be in 
addition to the operator's maintenance training program used to qualify 
individuals to perform work on specific airplanes and engines.
    (n) Configuration, maintenance, and procedures (CMP) document. If an 
airplane-engine combination has a CMP document, the certificate holder 
must use a system that ensures compliance with the applicable FAA-
approved document.
    (o) Procedural changes. Each substantial change to the maintenance 
or training procedures that were used to qualify the certificate holder 
for ETOPS, must be submitted to the CHDO for review. The certificate 
holder cannot implement a change until its CHDO notifies the certificate 
holder that the review is complete.

[Doc. No. FAA-2002-6717, 72 FR 1880, Jan. 16, 2007, as amended by Amdt. 
121-329, 72 FR 7348, Feb. 15, 2007; Amdt. 121-329, 72 FR 26541, May 10, 
2007; Amdt 121-339, 73 FR 33881, June 16, 2008]



Sec. 121.375  Maintenance and preventive maintenance training program.

    Each certificate holder or person performing maintenance or 
preventive maintenance functions for it shall have a training program to 
ensure that each person (including inspection personnel) who determines 
the adequacy of work done is fully informed about procedures and 
techniques and new equipment in use and is competent to perform his 
duties.



Sec. 121.377  Maintenance and preventive maintenance personnel duty
time limitations.

    Within the United States, each certificate holder (or person 
performing maintenance or preventive maintenance functions for it) shall 
relieve each person performing maintenance or preventive maintenance 
from duty for a period of at least 24 consecutive hours during any seven 
consecutive days, or the equivalent thereof within any one calendar 
month.



Sec. 121.378  Certificate requirements.

    (a) Except for maintenance, preventive maintenance, alterations, and 
required inspections performed by a certificated repair station that is 
located outside the United States, each person who is directly in charge 
of maintenance, preventive maintenance, or alterations, and each person 
performing required inspections must hold an appropriate airman 
certificate.
    (b) For the purposes of this section, a person directly in charge is 
each person assigned to a position in which he is responsible for the 
work of a shop or station that performs maintenance, preventive 
maintenance, alterations, or

[[Page 139]]

other functions affecting aircraft airworthiness. A person who is 
directly in charge need not physically observe and direct each worker 
constantly but must be available for consultation and decision on 
matters requiring instruction or decision from higher authority than 
that of the persons performing the work.

[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-21, 
31 FR 10618, Aug. 9, 1966; Amdt. 121-286, 66 FR 41116, Aug. 6, 2001]



Sec. 121.379  Authority to perform and approve maintenance, 
preventive maintenance, and alterations.

    (a) A certificate holder may perform, or it may make arrangements 
with other persons to perform, maintenance, preventive maintenance, and 
alterations as provided in its continuous airworthiness maintenance 
program and its maintenance manual. In addition, a certificate holder 
may perform these functions for another certificate holder as provided 
in the continuous airworthiness maintenance program and maintenance 
manual of the other certificate holder.
    (b) A certificate holder may approve any aircraft, airframe, 
aircraft engine, propeller, or appliance for return to service after 
maintenance, preventive maintenance, or alterations that are performed 
under paragraph (a) of this section. However, in the case of a major 
repair or major alteration, the work must have been done in accordance 
with technical data approved by the Administrator.

[Doc. No. 10289, 35 FR 16793, Oct. 30, 1970]



Sec. 121.380  Maintenance recording requirements.

    (a) Each certificate holder shall keep (using the system specified 
in the manual required in Sec. 121.369) the following records for the 
periods specified in paragraph (c) of this section:
    (1) All the records necessary to show that all requirements for the 
issuance of an airworthiness release under Sec. 121.709 have been met.
    (2) Records containing the following information:
    (i) The total time in service of the airframe.
    (ii) Except as provided in paragraph (b) of this section, the total 
time in service of each engine and propeller.
    (iii) The current status of life-limited parts of each airframe, 
engine, propeller, and appliance.
    (iv) The time since last overhaul of all items installed on the 
aircraft which are required to be overhauled on a specified time basis.
    (v) The identification of the current inspection status of the 
aircraft, including the times since the last inspections required by the 
inspection program under which the aircraft and its appliances are 
maintained.
    (vi) The current status of applicable airworthiness directives, 
including the date and methods of compliance, and, if the airworthiness 
directive involves recurring action, the time and date when the next 
action is required.
    (vii) A list of current major alterations to each airframe, engine, 
propeller, and appliance.
    (b) A certificate holder need not record the total time in service 
of an engine or propeller on a transport category cargo airplane, a 
transport category airplane that has a passenger seat configuration of 
more than 30 seats, or a nontransport category airplane type 
certificated before January 1, 1958, until the following, whichever 
occurs first:
    (1) March 20, 1997; or
    (2) The date of the first overhaul of the engine or propeller, as 
applicable, after January 19, 1996.
    (c) Each certificate holder shall retain the records required to be 
kept by this section for the following periods:
    (1) Except for the records of the last complete overhaul of each 
airframe, engine, propeller, and appliance, the records specified in 
paragraph (a)(1) of this section shall be retained until the work is 
repeated or superseded by other work or for one year after the work is 
performed.
    (2) The records of the last complete overhaul of each airframe, 
engine, propeller, and appliance shall be retained until the work is 
superseded by work of equivalent scope and detail.
    (3) The records specified in paragraph (a)(2) of this section shall 
be retained and transferred with the aircraft at the time the aircraft 
is sold.

[[Page 140]]

    (d) The certificate holder shall make all maintenance records 
required to be kept by this section available for inspection by the 
Administrator or any authorized representative of the National 
Transportation Safety Board (NTSB).

[Doc. No. 10658, 37 FR 15983, Aug. 9, 1972, as amended by Amdt. 121-251, 
60 FR 65933, Dec. 20, 1995; Amdt. 121-321, 71 FR 536, Jan. 4, 2006]



Sec. 121.380a  Transfer of maintenance records.

    Each certificate holder who sells a U.S. registered aircraft shall 
transfer to the purchaser, at the time of sale, the following records of 
that aircraft, in plain language form or in coded form at the election 
of the purchaser, if the coded form provides for the preservation and 
retrieval of information in a manner acceptable to the Administrator:
    (a) The record specified in Sec. 121.380(a)(2).
    (b) The records specified in Sec. 121.380(a)(1) which are not 
included in the records covered by paragraph (a) of this section, except 
that the purchaser may permit the seller to keep physical custody of 
such records. However, custody of records in the seller does not relieve 
the purchaser of his responsibility under Sec. 121.380(c) to make the 
records available for inspection by the Administrator or any authorized 
representative of the National Transportation Safety Board (NTSB).

[Doc. No. 10658, 37 FR 15984, Aug. 9, 1972]



              Subpart M_Airman and Crewmember Requirements

    Source: Docket No. 6258, 29 FR 19212, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.381  Applicability.

    This subpart prescribes airman and crewmember requirements for all 
certificate holders.



Sec. 121.383  Airman: Limitations on use of services.

    (a) No certificate holder may use any person as an airman nor may 
any person serve as an airman unless that person--
    (1) Holds an appropriate current airman certificate issued by the 
FAA;
    (2) Has any required appropriate current airman and medical 
certificates in his possession while engaged in operations under this 
part; and
    (3) Is otherwise qualified for the operation for which he is to be 
used.
    (b) Each airman covered by paragraph (a)(2) of this section shall 
present either or both certificates for inspection upon the request of 
the Administrator.
    (c) [Reserved]
    (d) No certificate holder may:
    (1) Use the services of any person as a pilot on an airplane engaged 
in operations under this part if that person has reached his or her 65th 
birthday.
    (2) Use the services of any person as a pilot in command in 
operations under this part between the United States and another 
country, or in operations between other countries, if that person has 
reached his or her 60th birthday unless there is another pilot in the 
flight deck crew who has not yet attained 60 years of age.
    (e) No pilot may:
    (1) Serve as a pilot in operations under this part if that person 
has reached his or her 65th birthday.
    (2) Serve as a pilot in command in operations under this part 
between the United States and another country, or in operations between 
other countries, if that person has reached his or her 60th birthday 
unless there is another pilot in the flight deck crew who has not yet 
attained 60 years of age.

[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-144, 
43 FR 22646, May 25, 1978; Amdt. 121-344, 74 FR 34234, July 15, 2009]



Sec. 121.385  Composition of flight crew.

    (a) No certificate holder may operate an airplane with less than the 
minimum flight crew in the airworthiness certificate or the airplane 
Flight Manual approved for that type airplane and required by this part 
for the kind of operation being conducted.
    (b) In any case in which this part requires the performance of two 
or more functions for which an airman certificate is necessary, that 
requirement is not satisfied by the performance of

[[Page 141]]

multiple functions at the same time by one airman.
    (c) The minimum pilot crew is two pilots and the certificate holder 
shall designate one pilot as pilot in command and the other second in 
command.
    (d) On each flight requiring a flight engineer at least one flight 
crewmember, other than the flight engineer, must be qualified to provide 
emergency performance of the flight engineer's functions for the safe 
completion of the flight if the flight engineer becomes ill or is 
otherwise incapacitated. A pilot need not hold a flight engineer's 
certificate to perform the flight engineer's functions in such a 
situation.

[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-178, 
47 FR 13316, Mar. 29, 1982; Amdt. 121-256, 61 FR 30434, June 14, 1996]



Sec. 121.387  Flight engineer.

    No certificate holder may operate an airplane for which a type 
certificate was issued before January 2, 1964, having a maximum 
certificated takeoff weight of more than 80,000 pounds without a flight 
crewmember holding a current flight engineer certificate. For each 
airplane type certificated after January 1, 1964, the requirement for a 
flight engineer is determined under the type certification requirements 
of Sec. 25.1523.

[Doc. No. 5025, 30 FR 6067, Apr. 29, 1965]



Sec. 121.389  Flight navigator and specialized navigation equipment.

    (a) No certificate holder may operate an airplane outside the 48 
contiguous States and the District of Columbia, when its position cannot 
be reliably fixed for a period of more than 1 hour, without--
    (1) A flight crewmember who holds a current flight navigator 
certificate; or
    (2) Specialized means of navigation approved in accordance with 
Sec. 121.355 which enables a reliable determination to be made of the 
position of the airplane by each pilot seated at his duty station.
    (b) Notwithstanding paragraph (a) of this section, the Administrator 
may also require a flight navigator or special navigation equipment, or 
both, when specialized means of navigation are necessary for 1 hour or 
less. In making this determination, the Administrator considers--
    (1) The speed of the airplane;
    (2) Normal weather conditions en route;
    (3) Extent of air traffic control;
    (4) Traffic congestion;
    (5) Area of navigational radio coverage at destination;
    (6) Fuel requirements;
    (7) Fuel available for return to point of departure or alternates;
    (8) Predication of flight upon operation beyond the point of no 
return; and
    (9) Any other factors he determines are relevant in the interest of 
safety.
    (c) Operations where a flight navigator or special navigation 
equipment, or both, are required are specified in the operations 
specifications of the air carrier or commercial operator.

[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as amended by Amdt. 121-178, 
47 FR 13316, Mar. 29, 1982]



Sec. 121.391  Flight attendants.

    (a) Except as specified in Sec. 121.393 and Sec. 121.394, each 
certificate holder must provide at least the following flight attendants 
on board each passenger-carrying airplane when passengers are on board:
    (1) For airplanes having a maximum payload capacity of more than 
7,500 pounds and having a seating capacity of more than 9 but less than 
51 passengers--one flight attendant.
    (2) For airplanes having a maximum payload capacity of 7,500 pounds 
or less and having a seating capacity of more than 19 but less than 51 
passengers--one flight attendant.
    (3) For airplanes having a seating capacity of more than 50 but less 
than 101 passengers--two flight attendants.
    (4) For airplanes having a seating capacity of more than 100 
passengers--two flight attendants plus one additional flight attendant 
for each unit (or part of a unit) of 50 passenger seats above a seating 
capacity of 100 passengers.
    (b) If, in conducting the emergency evacuation demonstration 
required under Sec. 121.291 (a) or (b), the certificate holder used 
more flight attendants

[[Page 142]]

than is required under paragraph (a) of this section for the maximum 
seating capacity of the airplane used in the demonstration, he may not, 
thereafter, take off that airplane--
    (1) In its maximum seating capacity configuration with fewer flight 
attendants than the number used during the emergency evacuation 
demonstration; or
    (2) In any reduced seating capacity configuration with fewer flight 
attendants than the number required by paragraph (a) of this section for 
that seating capacity plus the number of flight attendants used during 
the emergency evacuation demonstration that were in excess of those 
required under paragraph (a) of this section.
    (c) The number of flight attendants approved under paragraphs (a) 
and (b) of this section are set forth in the certificate holder's 
operations specifications.
    (d) During takeoff and landing, flight attendants required by this 
section shall be located as near as practicable to required floor level 
exists and shall be uniformly distributed throughout the airplane in 
order to provide the most effective egress of passengers in event of an 
emergency evacuation. During taxi, flight attendants required by this 
section must remain at their duty stations with safety belts and 
shoulder harnesses fastened except to perform duties related to the 
safety of the airplane and its occupants.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965]

    Editorial Note: For Federal Register citations affecting Sec. 
121.391, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 121.393  Crewmember requirements at stops where passengers 
remain on board.

    At stops where passengers remain on board, the certificate holder 
must meet the following requirements:
    (a) On each airplane for which a flight attendant is not required by 
Sec. 121.391(a), the certificate holder must ensure that a person who 
is qualified in the emergency evacuation procedures for the airplane, as 
required in Sec. 121.417, and who is identified to the passengers, 
remains:
    (1) On board the airplane; or
    (2) Nearby the airplane, in a position to adequately monitor 
passenger safety, and:
    (i) The airplane engines are shut down; and
    (ii) At least one floor level exit remains open to provide for the 
deplaning of passengers.
    (b) On each airplane for which flight attendants are required by 
Sec. 121.391(a), but the number of flight attendants remaining on board 
is fewer than required by Sec. 121.391(a), the certificate holder must 
meet the following requirements:
    (1) The certificate holder shall ensure that:
    (i) The airplane engines are shut down;
    (ii) At least one floor level exit remains open to provide for the 
deplaning of passengers; and
    (iii) the number of flight attendants on board is at least half the 
number required by Sec. 121.391(a), rounded down to the next lower 
number in the case of fractions, but never fewer than one.
    (2) The certificate holder may substitute for the required flight 
attendants other persons qualified in the emergency evacuation 
procedures for that aircraft as required in Sec. 121.417, if these 
persons are identified to the passengers.
    (3) If only one flight attendant or other qualified person is on 
board during a stop, that flight attendant or other qualified person 
shall be located in accordance with the certificate holder's FAA-
approved operating procedures. If more than one flight attendant or 
other qualified person is on board, the flight attendants or other 
qualified persons shall be spaced throughout the cabin to provide the 
most effective assistance for the evacuation in case of an emergency.

[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]



Sec. 121.394  Flight attendant requirements during passenger boarding
and deplaning.

    (a) During passenger boarding, on each airplane for which more than 
one flight attendant is required by Sec. 121.391, the certificate 
holder may:
    (1) Reduce the number of required flight attendants by one, provided 
that:

[[Page 143]]

    (i) The flight attendant that leaves the aircraft remains within the 
immediate vicinity of the door through which passengers are boarding;
    (ii) The flight attendant that leaves the aircraft only conducts 
safety duties related to the flight being boarded;
    (iii) The airplane engines are shut down; and
    (iv) At least one floor level exit remains open to provide for 
passenger egress; or
    (2) Substitute a pilot or flight engineer employed by the 
certificate holder and trained and qualified on that type airplane for 
one flight attendant, provided the certificate holder--
    (i) Describes in the manual required by Sec. 121.133:
    (A) The necessary functions to be performed by the substitute pilot 
or flight engineer in an emergency, to include a situation requiring an 
emergency evacuation. The certificate holder must show those functions 
are realistic, can be practically accomplished, and will meet any 
reasonably anticipated emergency; and
    (B) How other regulatory functions performed by a flight attendant 
will be accomplished by the substitute pilot or flight engineer on the 
airplane.
    (ii) Ensures that the following requirements are met:
    (A) The substitute pilot or flight engineer is not assigned to 
operate the flight for which that person is substituting for a required 
flight attendant.
    (B) The substitute pilot or flight engineer is trained in all 
assigned flight attendant duties regarding passenger handling.
    (C) The substitute pilot or flight engineer meets the emergency 
training requirements for flight attendants in evacuation management and 
evacuation commands, as appropriate, and frequency of performance drills 
regarding operation of exits in the normal and emergency modes on that 
type aircraft.
    (D) The substitute pilot or flight engineer is in possession of all 
items required for duty.
    (E) The substitute pilot or flight engineer is located in the 
passenger cabin.
    (F) The substitute pilot or flight engineer is identified to the 
passengers.
    (G) The substitution of a pilot or flight engineer for a required 
flight attendant does not interfere with the safe operation of the 
flight.
    (H) The airplane engines are shut down.
    (I) At least one floor-level exit remains open to provide for 
passenger egress.
    (b) During passenger deplaning, on each airplane for which more than 
one flight attendant is required by Sec. 121.391, the certificate 
holder may reduce the number of flight attendants required by that 
paragraph provided:
    (1) The airplane engines are shut down;
    (2) At least one floor level exit remains open to provide for 
passenger egress; and
    (3) The number of flight attendants on board is at least half the 
number required by Sec. 121.391, rounded down to the next lower number 
in the case of fractions, but never fewer than one.
    (c) If only one flight attendant is on the airplane during passenger 
boarding or deplaning, that flight attendant must be located in 
accordance with the certificate holder's FAA-approved operating 
procedures. If more than one flight attendant is on the airplane during 
passenger boarding or deplaning, the flight attendants must be evenly 
distributed throughout the airplane cabin, in the vicinity of the floor-
level exits, to provide the most effective assistance in the event of an 
emergency.
    (d) The time spent by any crewmember conducting passenger boarding 
or deplaning duties is considered duty time.

[Doc. No. FAA-2009-0022, 75 FR 68198, Nov. 5, 2010]



Sec. 121.395  Aircraft dispatcher: Domestic and flag operations.

    Each certificate holder conducting domestic or flag operations shall 
provide enough qualified aircraft dispatchers at each dispatch center to 
ensure proper operational control of each flight.

[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]

[[Page 144]]



Sec. 121.397  Emergency and emergency evacuation duties.

    (a) Each certificate holder shall, for each type and model of 
airplane, assigned to each category of required crewmember, as 
appropriate, the necessary functions to be performed in an emergency or 
a situation requiring emergency evacuation. The certificate holder shall 
show those functions are realistic, can be practically accomplished, and 
will meet any reasonably anticipated emergency including the possible 
incapacitation of individual crewmembers or their inability to reach the 
passenger cabin because of shifting cargo in combination cargo-passenger 
airplanes.
    (b) The certificate holder shall describe in its manual the 
functions of each category of required crewmembers under paragraph (a) 
of this section.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-7, 30 
FR 6727, May 18, 1965]



                       Subpart N_Training Program

    Source: Doc. No. 9509, 35 FR 90, Jan. 3, 1970, unless otherwise 
noted.



Sec. 121.400  Applicability and terms used.

    (a) This subpart prescribes the requirements applicable to each 
certificate holder for establishing and maintaining a training program 
for crewmembers, aircraft dispatchers, and other operations personnel, 
and for the approval and use of training devices in the conduct of the 
program.
    (b) For the purpose of this subpart, airplane groups are as follows:
    (1) Group I. Propeller driven, including--
    (i) Reciprocating powered; and
    (ii) Turbopropeller powered.
    (2) Group II. Turbojet powered.
    (c) For the purpose of this subpart, the following terms and 
definitions apply:
    (1) Initial training. The training required for crewmembers and 
dispatchers who have not qualified and served in the same capacity on 
another airplane of the same group.
    (2) Transition training. The training required for crewmembers and 
dispatchers who have qualified and served in the same capacity on 
another airplane of the same group.
    (3) Upgrade training. The training required for crewmembers who have 
qualified and served as second in command or flight engineer on a 
particular airplane type, before they serve as pilot in command or 
second in command, respectively, on that airplane.
    (4) Differences training. The training required for crewmembers and 
dispatchers who have qualified and served on a particular type airplane, 
when the Administrator finds differences training is necessary before a 
crewmember serves in the same capacity on a particular variation of that 
airplane.
    (5) Programmed hours. The hours of training prescribed in this 
subpart which may be reduced by the Administrator upon a showing by the 
certificate holder that circumstances justify a lesser amount.
    (6) Inflight. Refers to maneuvers, procedures, or functions that 
must be conducted in the airplane.
    (7) Training center. An organization governed by the applicable 
requirements of part 142 of this chapter that provides training, 
testing, and checking under contract or other arrangement to certificate 
holders subject to the requirements of this part.
    (8) Requalification training. The training required for crewmembers 
previously trained and qualified, but who have become unqualified due to 
not having met within the required period the recurrent training 
requirements of Sec. 121.427 or the proficiency check requirements of 
Sec. 121.441.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970; 35 FR 2819, Feb. 11, 1970, as 
amended by Amdt. 121-104, 38 FR 14915, June 7, 1973; Amdt. 121-259, 61 
FR 34560, July 2, 1996]



Sec. 121.401  Training program: General.

    (a) Each certificate holder shall:
    (1) Establish and implement a training program that satisfies the 
requirements of this subpart and appendices E and F of this part and 
that ensures that each crewmember, aircraft dispatcher, flight 
instructor and check airman is adequately trained to perform his or her 
assigned duties. Prior to implementation, the certificate

[[Page 145]]

holder must obtain initial and final FAA approval of the training 
program.
    (2) Provide adequate ground and flight training facilities and 
properly qualified ground instructors for the training required by this 
subpart;
    (3) Provide and keep current with respect to each airplane type and, 
if applicable, the particular variations within that airplane type, 
appropriate training material, examinations, forms, instructions, and 
procedures for use in conducting the training and checks required by 
this part; and
    (4) Provide enough flight instructors, simulator instructors, and 
approved check airmen to conduct required flight training and flight 
checks, and simulator training courses permitted under this part.
    (b) Whenever a crewmember or aircraft dispatcher who is required to 
take recurrent training, a flight check, or a competence check, takes 
the check or completes the training in the calendar month before or 
after the calendar month in which that training or check is required, he 
is considered to have taken or completed it in the calendar month in 
which it was required.
    (c) Each instructor, supervisor, or check airman who is responsible 
for a particular ground training subject, segment of flight training, 
course of training, flight check, or competence check under this part 
shall certify as to the proficiency and knowledge of the crewmember, 
aircraft dispatcher, flight instructor, or check airman concerned upon 
completion of that training or check. That certification shall be made a 
part of the crewmember's or dispatcher's record. When the certification 
required by this paragraph is made by an entry in a computerized 
recordkeeping system, the certifying instructor, supervisor, or check 
airman must be identified with that entry. However, the signature of the 
certifying instructor, supervisor, or check airman is not required for 
computerized entries.
    (d) Training subjects that are applicable to more than one airplane 
or crewmember position and that have been satisfactorily completed in 
connection with prior training for another airplane or another 
crewmember position, need not be repeated during subsequent training 
other than recurrent training.
    (e) A person who progresses successfully through flight training, is 
recommended by his instructor or a check airman, and successfully 
completes the appropriate flight check for a check airman or the 
Administrator, need not complete the programmed hours of flight training 
for the particular airplane. However, whenever the Administrator finds 
that 20 percent of the flight checks given at a particular training base 
during the previous 6 months under this paragraph are unsuccessful, this 
paragraph may not be used by the certificate holder at that base until 
the Administrator finds that the effectiveness of the flight training 
there has improved.

In the case of a certificate holder using a course of training permitted 
in Sec. 121.409(c), the Administrator may require the programmed hours 
of inflight training in whole or in part, until he finds the 
effectiveness of the flight training has improved as provided in 
paragraph (e) of this section.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-104, 38 
FR 14915, June 7, 1973; Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 
121-143, 43 FR 22642, May 25, 1978; Amdt. 121-316, 70 FR 58823, Oct. 7, 
2005]



Sec. 121.402  Training program: Special rules.

    (a) Other than the certificate holder, only another certificate 
holder certificated under this part or a flight training center 
certificated under part 142 of this chapter is eligible under this 
subpart to provide flight training, testing, and checking under contract 
or other arrangement to those persons subject to the requirements of 
this subpart.
    (b) A certificate holder may contract with, or otherwise arrange to 
use the services of, a training center certificated under part 142 of 
this chapter to provide training, testing, and checking required by this 
part only if the training center--
    (1) Holds applicable training specifications issued under part 142 
of this chapter;
    (2) Has facilities, training equipment, and courseware meeting the 
applicable requirements of part 142 of this chapter;

[[Page 146]]

    (3) Has approved curriculums, curriculum segments, and portions of 
curriculum segments applicable for use in training courses required by 
this subpart; and
    (4) Has sufficient instructor and check airmen qualified under the 
applicable requirements of Sec. Sec. 121.411 or 121.413 to provide 
training, testing, and checking to persons subject to the requirements 
of this subpart.

[Doc. No. 26933, 61 FR 34560, July 2, 1996, as amended by Amdt. 121-263, 
62 FR 13791, Mar. 21, 1997]



Sec. 121.403  Training program: Curriculum.

    (a) Each certificate holder must prepare and keep current a written 
training program curriculum for each type of airplane with respect to 
dispatchers and each crewmember required for that type airplane. The 
curriculum must include ground and flight training required by this 
subpart.
    (b) Each training program curriculum must include:
    (1) A list of principal ground training subjects, including 
emergency training subjects, that are provided.
    (2) A list of all the training devices mockups, systems trainers, 
procedures trainers, or other training aids that the certificate holder 
will use.
    (3) Detailed descriptions or pictorial displays of the approved 
normal, abnormal, and emergency maneuvers, procedures and functions that 
will be performed during each flight training phase or flight check, 
indicating those maneuvers, procedures and functions that are to be 
performed during the inflight portions of flight training and flight 
checks.
    (4) A list of airplane simulators or other training devices approved 
under Sec. 121.407, including approvals for particular maneuvers, 
procedures, or functions.
    (5) The programmed hours of training that will be applied to each 
phase of training.
    (6) A copy of each statement issued by the Administrator under Sec. 
121.405(d) for reduction of programmed hours of training.



Sec. 121.404  Compliance dates: Crew and dispatcher resource
management training.

    After March 19, 1998, no certificate holder may use a person as a 
flight crewmember, and after March 19, 1999, no certificate holder may 
use a person as a flight attendant or aircraft dispatcher unless that 
person has completed approved crew resource management (CRM) or 
dispatcher resource management (DRM) initial training, as applicable, 
with that certificate holder or with another certificate holder.

[Doc. No. 28154, 61 FR 30435, June 14, 1996]



Sec. 121.405  Training program and revision: Initial and final approval.

    (a) To obtain initial and final approval of a training program, or a 
revision to an approved training program, each certificate holder must 
submit to the Administrator--
    (1) An outline of the proposed program or revision, including an 
outline of the proposed or revised curriculum, that provides enough 
information for a preliminary evaluation of the proposed training 
program or revised training program; and
    (2) Additional relevant information as may be requested by the 
Administrator.
    (b) If the proposed training program or revision complies with this 
subpart the Administrator grants initial approval in writing after which 
the certificate holder may conduct the training in accordance with that 
program. The Administrator then evaluates the effectiveness of the 
training program and advises the certificate holder of deficiencies, if 
any, that must be corrected.
    (c) The Administrator grants final approval of the training program 
or revision if the certificate holder shows that the training conducted 
under the initial approval set forth in paragraph (b) of this section 
ensures that each person that successfully completes the training is 
adequately trained to perform his assigned duties.
    (d) In granting initial and final approval of training programs or 
revisions, including reductions in programmed hours specified in this 
subpart, the Administrator considers the training aids, devices, 
methods, and

[[Page 147]]

procedures listed in the certificate holder's curriculum as set forth in 
Sec. 121.403 that increase the quality and effectiveness of the 
teaching-learning process.

If approval of reduced programmed hours of training is granted, the 
Administrator provides the certificate holder with a statement of the 
basis for the approval.
    (e) Whenever the Administrator finds that revisions are necessary 
for the continued adequacy of a training program that has been granted 
final approval, the certificate holder shall, after notification by the 
Administrator, make any changes in the program that are found necessary 
by the Administrator. Within 30 days after the certificate holder 
receives such notice, it may file a petition to reconsider the notice 
with the certificate-holding district office. The filing of a petition 
to reconsider stays the notice pending a decision by the Administrator. 
However, if the Administrator finds that there is an emergency that 
requires immediate action in the interest of safety in air 
transportation, he may, upon a statement of the reasons, require a 
change effective without stay.
    (f) Each certificate holder described in Sec. 135.3 (b) and (c) of 
this chapter must include the material required by Sec. 121.403 in the 
manual required by Sec. 135.21 of this chapter.
    (g) The Administrator may grant a deviation to certificate holders 
described in Sec. 135.3 (b) and (c) of this chapter to allow reduced 
programmed hours of ground training required by Sec. 121.419 if it is 
found that a reduction is warranted based on the certificate holder's 
operations and the complexity of the make, model, and series of the 
aircraft used.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-207, 54 
FR 39293, Sept. 25, 1989; Amdt. 121-250, 60 FR 65948, Dec. 20, 1995; 
Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.406  Credit for previous CRM/DRM training.

    (a) For flightcrew members, the Administrator may credit CRM 
training received before March 19, 1998 toward all or part of the 
initial ground CRM training required by Sec. 121.419.
    (b) For flight attendants, the Administrator may credit CRM training 
received before March 19, 1999 toward all or part of the initial ground 
CRM training required by Sec. 121.421.
    (c) For aircraft dispatchers, the Administrator may credit CRM 
training received before March 19, 1999 toward all or part of the 
initial ground CRM training required by Sec. 121.422.
    (d) In granting credit for initial ground CRM or DRM training, the 
Administrator considers training aids, devices, methods, and procedures 
used by the certificate holder in a voluntary CRM or DRM program or in 
an AQP program that effectively meets the quality of an approved CRM or 
DRM initial ground training program under section 121.419, 121.421, or 
121.422 as appropriate.

[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995]



Sec. 121.407  Training program: Approval of airplane simulators and
other training devices.

    (a) Each airplane simulator and other training device that is used 
in a training course permitted under Sec. 121.409, in checks required 
under subpart O of this part or as permitted in appendices E and F to 
this part must:
    (1) Be specifically approved for--
    (i) The certificate holder;
    (ii) The type airplane and, if applicable, the particular variation 
within type, for which the training or check is being conducted; and
    (iii) The particular maneuver, procedure, or crewmember function 
involved.
    (2) Maintain the performance, functional, and other characteristics 
that are required for approval.
    (3) Be modified to conform with any modification to the airplane 
being simulated that results in changes to performance, functional, or 
other characteristics required for approval.
    (4) Be given a daily functional preflight check before being used.
    (5) Have a daily discrepancy log kept with each discrepancy entered 
in that log by the appropriate instructor or check airman at the end of 
each training or check flight.
    (b) A particular airplane simulator or other training device may be 
approved

[[Page 148]]

for use by more than one certificate holder.
    (c) An airplane simulator may be used instead of the airplane to 
satisfy the in-flight requirements of Sec. Sec. 121.439 and 121.441 and 
appendices E and F of this part, if the simulator--
    (1) Is approved under this section and meets the appropriate 
simulator requirements of appendix H of this part; and
    (2) Is used as part of an approved program that meets the training 
requirements of Sec. 121.424 (a) and (c) and appendix H of this part.
    (d) An airplane simulator approved under this section must be used 
instead of the airplane to satisfy the pilot flight training 
requirements prescribed in the certificate holder's approved low-
altitude windshear flight training program set forth in Sec. 121.409(d) 
of this part.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-161, 45 
FR 44183, June 30, 1980; Amdt. 121-199, 53 FR 37696, Sept. 27, 1988]



Sec. 121.409  Training courses using airplane simulators and other
training devices.

    (a) Training courses utilizing airplane simulators and other 
training devices may be included in the certificate holder's approved 
training program for use as provided in this section.
    (b) A course of training in an airplane simulator may be included 
for use as provided in Sec. 121.441 if that course--
    (1) Provides at least 4 hours of training at the pilot controls of 
an airplane simulator as well as a proper briefing before and after the 
training;
    (2) Provides training in at least the procedures and maneuvers set 
forth in appendix F to this part; or
    (3) Provides line-oriented training that--
    (i) Utilizes a complete flight crew;
    (ii) Includes at least the maneuvers and procedures (abnormal and 
emergency) that may be expected in line operations;
    (iii) Is representative of the flight segment appropriate to the 
operations being conducted by the certificate holder; and
    (4) Is given by an instructor who meets the applicable requirements 
of Sec. 121.412.

The satisfactory completion of the course of training must be certified 
by either the Administrator or a qualified check airman.
    (c) The programmed hours of flight training set forth in this 
subpart do not apply if the training program for the airplane type 
includes--
    (1) A course of pilot training in an airplane simulator as provided 
in Sec. 121.424(d); or
    (2) A course of flight engineer training in an airplane simulator or 
other training device as provided in Sec. 121.425(c).
    (d) Each certificate holder required to comply with Sec. 121.358 of 
this part must use an approved simulator for each airplane type in each 
of its pilot training courses that provides training in at least the 
procedures and maneuvers set forth in the certificate holder's approved 
low-altitude windshear flight training program. The approved low-
altitude windshear flight training, if applicable, must be included in 
each of the pilot flight training courses prescribed in Sec. Sec. 
121.409(b), 121.418, 121.424, and 121.427 of this part.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130, 41 
FR 47229, Oct. 28, 1976; Amdt. 121-144, 43 FR 22646, May 25, 1978; Amdt. 
121-199, 53 FR 37696, Sept. 27, 1988; Amdt. 121-264, 62 FR 23120, Apr. 
28, 1997]



Sec. 121.411  Qualifications: Check airmen (airplane) and check 
airmen (simulator).

    (a) For the purposes of this section and Sec. 121.413:
    (1) A check airman (airplane) is a person who is qualified, and 
permitted, to conduct flight checks or instruction in an airplane, in a 
flight simulator, or in a flight training device for a particular type 
airplane.
    (2) A check airman (simulator) is a person who is qualified to 
conduct flight checks or instruction, but only in a flight simulator or 
in a flight training device for a particular type airplane.
    (3) Check airmen (airplane) and check airmen (simulator) are those 
check airmen who perform the functions described in Sec. 121.401(a)(4).

[[Page 149]]

    (b) No certificate holder may use a person, nor may any person serve 
as a check airman (airplane) in a training program established under 
this subpart unless, with respect to the airplane type involved, that 
person--
    (1) Holds the airman certificates and ratings required to serve as a 
pilot in command, a flight engineer, or a flight navigator, as 
applicable, in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases for 
the airplane, including recurrent training, that are required to serve 
as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations under 
this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.413 including in-flight training and practice 
for initial and transition training;
    (5) Holds at least a Class III medical certificate unless serving as 
a required crewmember, in which case holds a Class I or Class II medical 
certificate as appropriate;
    (6) Has satisfied the recency of experience requirements of Sec. 
121.439; and
    (7) Has been approved by the Administrator for the check airman 
duties involved.
    (c) No certificate holder may use a person nor may any person serve 
as a check airman (simulator) in a training program established under 
this subpart unless, with respect to the airplane type involved, that 
person meets the provisions of paragraph (b) of this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command, a flight engineer, 
or a flight navigator, as applicable, in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases for 
the airplane, including recurrent training, that are required to serve 
as a pilot in command, flight engineer, or flight navigator in 
operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator in operations under this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.413; and
    (5) Has been approved by the Administrator for the check airman 
(simulator) duties involved.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) or (c) (2), (3), and (4) of this section, as applicable, shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) Check airmen who have reached their 65th birthday or who do not 
hold an appropriate medical certificate may function as check airmen, 
but may not serve as pilot flightcrew members in operations under this 
part.
    (f) A check airman (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type airplane involved within the 12-month period preceding the 
performance of any check airman duty in a flight simulator; or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program and that must precede the 
performance of any check airman duty in a flight simulator.
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section are considered to be completed in the 
month required if completed in the calendar month before or in the 
calendar month after the month in which it is due.

[Doc. No. 28471, 61 FR 30741, June 17, 1996, as amended by Amdt. 121-
344, 74 FR 34235, July 15, 2009]



Sec. 121.412  Qualifications: Flight instructors (airplane) and 
flight instructors (simulator).

    (a) For the purposes of this section and Sec. 121.414:
    (1) A flight instructor (airplane) is a person who is qualified to 
instruct in an airplane, in a flight simulator, or in

[[Page 150]]

a flight training device for a particular type airplane.
    (2) A flight instructor (simulator) is a person who is qualified to 
instruct, but only in a flight simulator, in a flight training device, 
or both, for a particular type airplane.
    (3) Flight instructors (airplane) and flight instructors (simulator) 
are those instructors who perform the functions described in Sec. 
121.401(a)(4).
    (b) No certificate holder may use a person nor may any person serve 
as a flight instructor (airplane) in a training program established 
under this subpart unless, with respect to the airplane type involved, 
that person--
    (1) Holds the airman certificates and rating required to serve as a 
pilot in command, a flight engineer, or a flight navigator, as 
applicable, in operations under this part;
    (2) Has satisfactorily completed the appropriate training phases for 
the airplane, including recurrent training, that are required to serve 
as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations under 
this part;
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.414, including in-flight training and practice 
for initial and transition training;
    (5) Holds at least a Class III medical certificate unless serving as 
a required crewmember, in which case holds a Class I or a Class II 
medical certificate as appropriate.
    (6) Has satisfied the recency of experience requirements of Sec. 
121.439.
    (c) No certificate holder may use a person, nor may any person serve 
as a flight instructor (simulator) in a training program established 
under this subpart, unless, with respect to the airplane type involved, 
that person meets the provisions of paragraph (b) of this section, or--
    (1) Holds the airman certificates and ratings, except medical 
certificate, required to serve as a pilot in command, a flight engineer, 
or a flight navigator, as applicable, in operations under this part 
except before March 19, 1997 that person need not hold a type rating for 
the airplane type involved provided that he or she only provides the 
instruction described in Sec. Sec. 121.409(b) and 121.441;
    (2) Has satisfactorily completed the appropriate training phases for 
the airplane, including recurrent training, that are required to serve 
as a pilot in command, flight engineer, or flight navigator, as 
applicable, in operations under this part;
    (3) Has satisfactorily completed the appropriate proficiency or 
competency checks that are required to serve as a pilot in command, 
flight engineer, or flight navigator, as applicable, in operations under 
this part; and
    (4) Has satisfactorily completed the applicable training 
requirements of Sec. 121.414.
    (d) Completion of the requirements in paragraphs (b) (2), (3), and 
(4) or (c) (2), (3), and (4) of this section as applicable shall be 
entered in the individual's training record maintained by the 
certificate holder.
    (e) Flight instructors who have reached their 65th birthday or who 
do not hold an appropriate medical certificate may function as flight 
instructors, but may not serve as pilot flightcrew members in operations 
under this part.
    (f) A flight instructor (simulator) must accomplish the following--
    (1) Fly at least two flight segments as a required crewmember for 
the type of airplane within the 12-month period preceding the 
performance of any flight instructor duty in a flight simulator (and 
must hold a Class I or Class II medical certificate as appropriate); or
    (2) Satisfactorily complete an approved line-observation program 
within the period prescribed by that program preceding the performance 
of any flight instructor duty in a flight simulator.
    (g) The flight segments or line-observation program required in 
paragraph (f) of this section is considered completed in the month 
required if completed in the calendar month before, or

[[Page 151]]

the calendar month after the month in which it is due.

[Doc. No. 28471, 61 FR 30742, June 17, 1996; 61 FR 34927, July 3, 1996; 
62 FR 3739, Jan. 24, 1997; Amdt. 121-264, 62 FR 23120, Apr. 28, 1997; 
Amdt. 121-344, 74 FR 34235, July 15, 2009; Amdt. 121-355, 76 FR 35104, 
June 16, 2011]



Sec. 121.413  Initial and transition training and checking 
requirements: Check airmen (airplane), check airmen (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a check airman unless--
    (1) That person has satisfactorily completed initial or transition 
check airman training; and
    (2) Within the preceding 24 calendar months that person 
satisfactorily conducts a proficiency or competency check under the 
observation of an FAA inspector or an aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an airplane, in a flight simulator, or in a flight 
training device. This paragraph applies after March 19, 1997.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before, or the calendar month after, the 
month in which it is due.
    (c) The initial ground training for check airmen must include the 
following:
    (1) Check airman duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The appropriate methods, procedures, and techniques for 
conducting the required checks.
    (4) Proper evaluation of student performance including the detection 
of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The appropriate corrective action in the case of unsatisfactory 
checks.
    (6) The approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures in the airplane.
    (d) The transition ground training for check airmen must include 
approved methods, procedures, and limitations for performing the 
required normal, abnormal, and emergency procedures applicable to the 
airplane to which the check airman is in transaction.
    (e) The initial and transition flight training for pilot check 
airmen (airplane), flight engineer check airmen (airplane), and flight 
navigator check airmen (airplane) must include the following:
    (1) The safety measures for emergency situations that are likely to 
develop during a check.
    (2) The potential results of improper, untimely, or non-execution of 
safety measures during a check.
    (3) For pilot check airman (airplane)--
    (i) Training and practice in conducting flight checks from the left 
and right pilot seats in the required normal, abnormal, and emergency 
procedures to ensure competence to conduct the pilot flight checks 
required by this part; and
    (ii) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during a check.
    (4) For flight engineer check airmen (airplane) and flight navigator 
check airmen (airplane), training to ensure competence to perform 
assigned duties.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for check airmen 
(simulator) must include the following:
    (1) Training and practice in conducting flight checks in the 
required normal, abnormal, and emergency procedures to ensure competence 
to conduct the flight checks required by this part. This training and 
practice must be accomplished in a flight simulator or in a flight 
training device.
    (2) Training in the operation of flight simulators or flight 
training devices,

[[Page 152]]

or both, to ensure competence to conduct the flight checks required by 
this part.

[Doc. No. 28471, 61 FR 30743, June 17, 1996; 62 FR 3739, Jan. 24, 1997; 
Amdt. 121-264, 62 FR 23120, Apr. 28, 1997]



Sec. 121.414  Initial and transition training and checking 
requirements: flight instructors (airplane), 
flight instructors (simulator).

    (a) No certificate holder may use a person nor may any person serve 
as a flight instructor unless--
    (1) That person has satisfactorily completed initial or transition 
flight instructor training; and
    (2) Within the preceding 24 calendar months, that person 
satisfactorily conducts instruction under the observation of an FAA 
inspector, an operator check airman, or an aircrew designated examiner 
employed by the operator. The observation check may be accomplished in 
part or in full in an airplane, in a flight simulator, or in a flight 
training device. This paragraph applies after March 19, 1997.
    (b) The observation check required by paragraph (a)(2) of this 
section is considered to have been completed in the month required if 
completed in the calendar month before, or the calendar month after, the 
month in which it is due.
    (c) The initial ground training for flight instructors must include 
the following:
    (1) Flight instructor duties, functions, and responsibilities.
    (2) The applicable Code of Federal Regulations and the certificate 
holder's policies and procedures.
    (3) The appropriate methods, procedures, and techniques for 
conducting flight instruction.
    (4) Proper evaluation of student performance including the detection 
of--
    (i) Improper and insufficient training; and
    (ii) Personal characteristics of an applicant that could adversely 
affect safety.
    (5) The corrective action in the case of unsatisfactory training 
progress.
    (6) The approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures in the airplane.
    (7) Except for holders of a flight instructor certificate--
    (i) The fundamental principles of the teaching-learning process;
    (ii) Teaching methods and procedures; and
    (iii) The instructor-student relationship.
    (d) The transition ground training for flight instructors must 
include the approved methods, procedures, and limitations for performing 
the required normal, abnormal, and emergency procedures applicable to 
the airplane to which the flight instructor is in transition.
    (e) The initial and transition flight training for flight 
instructors (airplane), flight engineer instructors (airplane), and 
flight navigator instructors (airplane) must include the following:
    (1) The safety measures for emergency situations that are likely to 
develop during instruction.
    (2) The potential results of improper, untimely, or non-execution of 
safety measures during instruction.
    (3) For pilot flight instructor (airplane)--
    (i) In-flight training and practice in conducting flight instruction 
from the left and right pilot seats in the required normal, abnormal, 
and emergency procedures to ensure competence as an instructor; and
    (ii) The safety measures to be taken from either pilot seat for 
emergency situations that are likely to develop during instruction.
    (4) For flight engineer instructors (airplane) and flight navigator 
instructors (airplane), in-flight training to ensure competence to 
perform assigned duties.
    (f) The requirements of paragraph (e) of this section may be 
accomplished in full or in part in flight, in a flight simulator, or in 
a flight training device, as appropriate.
    (g) The initial and transition flight training for flight 
instructors (simulator) must include the following:
    (1) Training and practice in the required normal, abnormal, and 
emergency procedures to ensure competence to conduct the flight 
instruction required by this part. This training and practice must be 
accomplished in full

[[Page 153]]

or in part in a flight simulator or in a flight training device.
    (2) Training in the operation of flight simulators or flight 
training devices, or both, to ensure competence to conduct the flight 
instruction required by this part.

[Doc. No. 28471, 61 FR 30743, June 17, 1996; 62 FR 3739, Jan. 24, 1997]



Sec. 121.415  Crewmember and dispatcher training requirements.

    (a) Each training program must provide the following ground training 
as appropriate to the particular assignment of the crewmember or 
dispatcher:
    (1) Basic indoctrination ground training for newly hired crewmembers 
or dispatchers including 40 programmed hours of instruction, unless 
reduced under Sec. 121.405 or as specified in Sec. 121.401(d), in at 
least the following--
    (i) Duties and responsibilities of crewmembers or dispatchers, as 
applicable;
    (ii) Appropriate provisions of the Federal Aviation Regulations;
    (iii) Contents of the certificate holder's operating certificate and 
operations specifications (not required for flight attendants); and
    (iv) Appropriate portions of the certificate holder's operating 
manual.
    (2) The initial and transition ground training specified in 
Sec. Sec. 121.419 through 121.422, as applicable.
    (3) For crewmembers, emergency training as specified in Sec. Sec. 
121.417 and 121.805.
    (4) After February 15, 2008, training for crewmembers and 
dispatchers in their roles and responsibilities in the certificate 
holder's passenger recovery plan, if applicable.
    (b) Each training program must provide the flight training specified 
in Sec. Sec. 121.424 through 121.426, as applicable.
    (c) Each training program must provide recurrent ground and flight 
training as provided in Sec. 121.427.
    (d) Each training program must provide the differences training 
specified in Sec. 121.418 if the Administrator finds that, due to 
differences between airplanes of the same type operated by the 
certificate holder, additional training is necessary to insure that each 
crewmember and dispatcher is adequately trained to perform his assigned 
duties.
    (e) Upgrade training as specified in Sec. Sec. 121.419 and 121.424 
for a particular type airplane may be included in the training program 
for crewmembers who have qualified and served as second in command pilot 
or flight engineer on that airplane.
    (f) Particular subjects, maneuvers, procedures, or parts thereof 
specified in Sec. Sec. 121.419 through 121.425 for transition or 
upgrade training, as applicable, may be omitted, or the programmed hours 
of ground instruction or inflight training may be reduced, as provided 
in Sec. 121.405.
    (g) In addition to initial, transition, upgrade, recurrent and 
differences training, each training program must also provide ground and 
flight training, instruction, and practice as necessary to insure that 
each crewmember and dispatcher--
    (1) Remains adequately trained and currently proficient with respect 
to each airplane, crewmember position, and type of operation in which he 
serves; and
    (2) Qualifies in new equipment, facilities, procedures, and 
techniques, including modifications to airplanes.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130, 41 
FR 47229, Oct. 28, 1976; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001; 
Amdt. 121-329, 72 FR 1881, Jan. 16, 2007]



Sec. 121.417  Crewmember emergency training.

    (a) Each training program must provide the emergency training set 
forth in this section with respect to each airplane type, model, and 
configuration, each required crewmember, and each kind of operation 
conducted, insofar as appropriate for each crewmember and the 
certificate holder.
    (b) Emergency training must provide the following:
    (1) Instruction in emergency assignments and procedures, including 
coordination among crewmembers.
    (2) Individual instruction in the location, function, and operation 
of emergency equipment including--
    (i) Equipment used in ditching and evacuation;
    (ii) [Reserved]

[[Page 154]]

    (iii) Portable fire extinguishers, with emphasis on type of 
extinguisher to be used on different classes of fires; and
    (iv) Emergency exits in the emergency mode with the evacuation 
slide/raft pack attached (if applicable), with training emphasis on the 
operation of the exits under adverse conditions.
    (3) Instruction in the handling of emergency situations including--
    (i) Rapid decompression;
    (ii) Fire in flight or on the surface, and smoke control procedures 
with emphasis on electrical equipment and related circuit breakers found 
in cabin areas including all galleys, service centers, lifts, lavatories 
and movie screens;
    (iii) Ditching and other evacuation, including the evacuation of 
persons and their attendants, if any, who may need the assistance of 
another person to move expeditiously to an exit in the event of an 
emergency.
    (iv) [Reserved]
    (v) Hijacking and other unusual situations.
    (4) Review and discussion of previous aircraft accidents and 
incidents pertaining to actual emergency situations.
    (c) Each crewmember must accomplish the following emergency training 
during the specified training periods, using those items of installed 
emergency equipment for each type of airplane in which he or she is to 
serve (Alternate recurrent training required by Sec. 121.433(c) of this 
part may be accomplished by approved pictorial presentation or 
demonstration):
    (1) One-time emergency drill requirements to be accomplished during 
initial training. Each crewmember must perform--
    (i) At least one approved protective breathing equipment (PBE) drill 
in which the crewmember combats an actual or simulated fire using at 
least one type of installed hand fire extinguisher or approved fire 
extinguisher that is appropriate for the type of actual fire or 
simulated fire to be fought while using the type of installed PBE 
required by Sec. 121.337 or approved PBE simulation device as defined 
by paragraph (d) of this section for combatting fires aboard airplanes;
    (ii) At least one approved firefighting drill in which the 
crewmember combats an actual fire using at least one type of installed 
hand fire extinguisher or approved fire extinguisher that is appropriate 
for the type of fire to be fought. This firefighting drill is not 
required if the crewmember performs the PBE drill of paragraph (c)(1)(i) 
by combating an actual fire; and
    (iii) An emergency evacuation drill with each person egressing the 
airplane or approved training device using at least one type of 
installed emergency evacuation slide. The crewmember may either observe 
the airplane exits being opened in the emergency mode and the associated 
exit slide/raft pack being deployed and inflated, or perform the tasks 
resulting in the accomplishment of these actions.
    (2) Additional emergency drill requirements to be accomplished 
during initial training and once each 24 calendar months during 
recurrent training. Each crewmember must--
    (i) Perform the following emergency drills and operate the following 
equipment:
    (A) Each type of emergency exit in the normal and emergency modes, 
including the actions and forces required in the deployment of the 
emergency evacuation slides;
    (B) Each type of installed hand fire extinguisher;
    (C) Each type of emergency oxygen system to include protective 
breathing equipment;
    (D) Donning, use, and inflation of individual flotation means, if 
applicable; and
    (E) Ditching, if applicable, including but not limited to, as 
appropriate:
    (1) Cockpit preparation and procedures;
    (2) Crew coordination;
    (3) Passenger briefing and cabin preparation;
    (4) Donning and inflation of life preservers;
    (5) Use of life-lines; and
    (6) Boarding of passengers and crew into raft or a slide/raft pack.
    (ii) Observe the following drills:
    (A) Removal from the airplane (or training device) and inflation of 
each type of life raft, if applicable;

[[Page 155]]

    (B) Transfer of each type of slide/raft pack from one door to 
another;
    (C) Deployment, inflation, and detachment from the airplane (or 
training device) of each type of slide/raft pack; and
    (D) Emergency evacuation including the use of a slide.
    (d) After September 1, 1993, no crewmember may serve in operations 
under this part unless that crewmember has performed the PBE drill and 
the firefighting drill described by paragraphs (c)(1)(i) and (c)(1)(ii) 
of this section, as part of a one-time training requirement of 
paragraphs (c)(1) or (c)(2) of this section as appropriate. Any 
crewmember who performs the PBE drill and the firefighting drill 
prescribed in paragraphs (c)(1)(i) and (c)(1)(ii) of this section after 
May 26, 1987, is deemed to be in compliance with this regulation upon 
presentation of information or documentation, in a form and manner 
acceptable to the Director, Flight Standards Service, showing that the 
appropriate drills have been accomplished.
    (e) Crewmembers who serve in operations above 25,000 feet must 
receive instruction in the following:
    (1) Respiration.
    (2) Hypoxia.
    (3) Duration of consciousness without supplemental oxygen at 
altitude.
    (4) Gas expansion.
    (5) Gas bubble formation.
    (6) Physical phenomena and incidents of decompression.
    (f) For the purposes of this section the following definitions 
apply:
    (1) Actual fire means an ignited combustible material, in controlled 
conditions, of sufficient magnitude and duration to accomplish the 
training objectives outlined in paragraphs (c)(1)(i) and (c)(1)(ii) of 
this section.
    (2) Approved fire extinguisher means a training device that has been 
approved by the Administrator for use in meeting the training 
requirements of Sec. 121.417(c).
    (3) Approved PBE simulation device means a training device that has 
been approved by the Administrator for use in meeting the training 
requirements of Sec. 121.417(c).
    (4) Combats, in this context, means to properly fight an actual or 
simulated fire using an appropriate type of fire extinguisher until that 
fire is extinguished.
    (5) Observe means to watch without participating actively in the 
drill.
    (6) PBE drill means an emergency drill in which a crewmember 
demonstrates the proper use of protective breathing equipment while 
fighting an actual or simulated fire.
    (7) Perform means to satisfactorily accomplish a prescribed 
emergency drill using established procedures that stress the skill of 
the persons involved in the drill.
    (8) Simulated fire means an artificial duplication of smoke or flame 
used to create various aircraft firefighting scenarios, such as 
lavatory, galley oven, and aircraft seat fires.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970]

    Editorial Note: For Federal Register citations affecting Sec. 
121.417, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 121.418  Differences training: Crewmembers and dispatchers.

    (a) Differences training for crewmembers and dispatchers must 
consist of at least the following as applicable to their assigned duties 
and responsibilities:
    (1) Instruction in each appropriate subject or part thereof required 
for initial ground training in the airplane unless the Administrator 
finds that particular subjects are not necessary.
    (2) Flight training in each appropriate maneuver or procedure 
required for initial flight training in the airplane unless the 
Administrator finds that particular maneuvers or procedures are not 
necessary.
    (3) The number of programmed hours of ground and flight training 
determined by the Administrator to be necessary for the airplane, the 
operation, and the crewmember or aircraft dispatcher involved.

Differences training for all variations of a particular type airplane 
may be included in initial, transition, upgrade, and recurrent training 
for the airplane.

[[Page 156]]



Sec. 121.419  Pilots and flight engineers: Initial, transition, 
and upgrade ground training.

    (a) Initial, transition, and upgrade ground training for pilots and 
flight engineers must include instruction in at least the following as 
applicable to their assigned duties:
    (1) General subjects--
    (i) The certificate holder's dispatch or flight release procedures;
    (ii) Principles and methods for determining weight and balance, and 
runway limitations for takeoff and landing;
    (iii) Enough meteorology to insure a practical knowledge of weather 
phenomena, including the principles of frontal systems, icing, fog, 
thunderstorms, and high altitude weather situations;
    (iv) Air traffic control systems, procedures, and phraseology;
    (v) Navigation and the use of navigation aids, including instrument 
approach procedures;
    (vi) Normal and emergency communication procedures;
    (vii) Visual cues prior to and during descent below DA/DH or MDA;
    (viii) Approved crew resource management initial training; and
    (ix) Other instructions as necessary to ensure his competence.
    (2) For each airplane type--
    (i) A general description;
    (ii) Performance characteristics;
    (iii) Engines and propellers;
    (iv) Major components;
    (v) Major airplane systems (i.e., flight controls, electrical, 
hydraulic); other systems as appropriate; principles of normal, 
abnormal, and emergency operations; appropriate procedures and 
limitations;
    (vi) Procedures for--
    (A) Recognizing and avoiding severe weather situations;
    (B) Escaping from severe weather situations, in case of inadvertent 
encounters, including low-altitude windshear, and
    (C) Operating in or near thunderstorms (including best penetrating 
altitudes), turbulent air (including clear air turbulence), icing, hail, 
and other potentially hazardous meteorological conditions;
    (vii) Operating limitations;
    (viii) Fuel consumption and cruise control;
    (ix) Flight planning;
    (x) Each normal and emergency procedure; and
    (xi) The approved Airplane Flight Manual.
    (b) Initial ground training for pilots and flight engineers must 
consist of at least the following programmed hours of instruction in the 
required subjects specified in paragraph (a) of this section and in 
Sec. 121.415(a) unless reduced under Sec. 121.405:
    (1) Group I airplanes--
    (i) Reciprocating powered, 64 hours; and
    (ii) Turbopropeller powered, 80 hours.
    (2) Group II airplanes, 120 hours.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199, 53 
FR 37696, Sept. 27, 1988; Amdt. 121-250, 60 FR 65949, Dec. 20, 1995; 
Amdt. 121-333, 72 FR 31682, June 7, 2007]



Sec. 121.420  Flight navigators: Initial and transition ground training.

    (a) Initial and transition ground training for flight navigators 
must include instruction in the subjects specified in Sec. 121.419(a) 
as appropriate to his assigned duties and responsibilities and in the 
following with respect to the particular type airplane:
    (1) Limitations on climb, cruise, and descent speeds.
    (2) Each item of navigational equipment installed including 
appropriate radio, radar, and other electronic equipment.
    (3) Airplane performance.
    (4) Airspeed, temperature, and pressure indicating instruments or 
systems.
    (5) Compass limitations and methods of compensation.
    (6) Cruise control charts and data, including fuel consumption 
rates.
    (7) Any other instruction as necessary to ensure his competence.
    (b) Initial ground training for flight navigators must consist of at 
least the following programmed hours of instruction in the subjects 
specified in paragraph (a) of this section and in Sec. 121.415(a) 
unless reduced under Sec. 121.405:
    (1) Group I airplanes--
    (i) Reciprocating powered, 16 hours; and

[[Page 157]]

    (ii) Turbopropeller powered; 32 hours.
    (2) Group II airplanes, 32 hours.



Sec. 121.421  Flight attendants: Initial and transition ground training.

    (a) Initial and transition ground training for flight attendants 
must include instruction in at least the following:
    (1) General subjects--
    (i) The authority of the pilot in command;
    (ii) Passenger handling, including the procedures to be followed in 
the case of deranged persons or other persons whose conduct might 
jeopardize safety; and
    (iii) Approved crew resource management initial training.
    (2) For each airplane type--
    (i) A general description of the airplane emphasizing physical 
characteristics that may have a bearing on ditching, evacuation, and 
inflight emergency procedures and on other related duties;
    (ii) The use of both the public address system and the means of 
communicating with other flight crewmembers, including emergency means 
in the case of attempted hijacking or other unusual situations; and
    (iii) Proper use of electrical galley equipment and the controls for 
cabin heat and ventilation.
    (b) Initial and transition ground training for flight attendants 
must include a competence check to determine ability to perform assigned 
duties and responsibilities.
    (c) Initial ground training for flight attendants must consist of at 
least the following programmed hours of instruction in the subjects 
specified in paragraph (a) of this section and in Sec. 121.415(a) 
unless reduced under Sec. 121.405.
    (1) Group I airplanes--
    (i) Reciprocating powered, 8 hours; and
    (ii) Turbopropeller powered, 8 hours.
    (2) Group II airplanes, 16 hours.

[Doc No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-250, 60 
FR 65949, Dec. 20, 1995]



Sec. 121.422  Aircraft dispatchers: Initial and transition
ground training.

    (a) Initial and transition ground training for aircraft dispatchers 
must include instruction in at least the following:
    (1) General subjects--
    (i) Use of communications systems including the characteristics of 
those systems and the appropriate normal and emergency procedures;
    (ii) Meteorology, including various types of meteorological 
information and forecasts, interpretation of weather data (including 
forecasting of en route and terminal temperatures and other weather 
conditions), frontal systems, wind conditions, and use of actual and 
prognostic weather charts for various altitudes;
    (iii) The NOTAM system;
    (iv) Navigational aids and publications;
    (v) Joint dispatcher-pilot responsibilities;
    (vi) Characteristics of appropriate airports;
    (vii) Prevailing weather phenomena and the available sources of 
weather information;
    (viii) Air traffic control and instrument approach procedures; and
    (ix) Approved dispatcher resource management (DRM) initial training.
    (2) For each airplane--
    (i) A general description of the airplane emphasizing operating and 
performance characteristics, navigation equipment, instrument approach 
and communication equipment, emergency equipment and procedures, and 
other subjects having a bearing on dispatcher duties and 
responsibilities;
    (ii) Flight operation procedures including procedures specified in 
Sec. 121.419(a)(2)(vi);
    (iii) Weight and balance computations;
    (iv) Basic airplane performance dispatch requirements and 
procedures;
    (v) Flight planning including track selection, flight time analysis, 
and fuel requirements; and
    (vi) Emergency procedures.
    (3) Emergency procedures must be emphasized, including the alerting 
of proper governmental, company, and private agencies during emergencies 
to

[[Page 158]]

give maximum help to an airplane in distress.
    (b) Initial and transition ground training for aircraft dispatchers 
must include a competence check given by an appropriate supervisor or 
ground instructor that demonstrates knowledge and ability with the 
subjects set forth in paragraph (a) of this section.
    (c) Initial ground training for aircraft dispatchers must consist of 
at least the following programmed hours of instruction in the subjects 
specified in paragraph (a) of this section and in Sec. 121.415(a) 
unless reduced under Sec. 121.405:
    (1) Group I airplanes--
    (i) Reciprocating powered, 30 hours; and
    (ii) Turbopropeller powered, 40 hours.
    (2) Group II airplanes, 40 hours.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-250, 60 
FR 65949, Dec. 20, 1995]



Sec. 121.424  Pilots: Initial, transition, and upgrade flight training.

    (a) Initial, transition, and upgrade training for pilots must 
include flight training and practice in the maneuvers and procedures set 
forth in the certificate holder's approved low-altitude windshear flight 
training program and in appendix E to this part, as applicable.
    (b) The maneuvers and procedures required by paragraph (a) of this 
section must be performed inflight except--
    (1) That windshear maneuvers and procedures must be performed in a 
simulator in which the maneuvers and procedures are specifically 
authorized to be accomplished; and
    (2) To the extent that certain other maneuvers and procedures may be 
performed in an airplane simulator, an appropriate training device, or a 
static airplane as permitted in appendix E to this part.
    (c) Except as permitted in paragraph (d) of this section, the 
initial flight training required by paragraph (a) of this section must 
include at least the following programmed hours of inflight training and 
practice unless reduced under Sec. 121.405;
    (1) Group I airplanes--
    (i) Reciprocating powered. Pilot in command, 10 hours; second in 
command, 6 hours; and
    (ii) Turbopropeller powered. Pilot in command, 15 hours; second in 
command, 7 hours.
    (2) Group II airplanes. Pilot in command, 20 hours; second in 
command, 10 hours.
    (d) If the certificate holder's approved training program includes a 
course of training utilizing an airplane simulator under Sec. 121.409 
(c) and (d) of this part, each pilot must successfully complete--
    (1) With respect to Sec. 121.409(c) of this part--
    (i) Training and practice in the simulator in at least all of the 
maneuvers and procedures set forth in appendix E to this part for 
initial flight training that are capable of being performed in an 
airplane simulator without a visual system; and
    (ii) A flight check in the simulator or the airplane to the level of 
proficiency of a pilot in command or second in command, as applicable, 
in at least the maneuvers and procedures set forth in appendix F to this 
part that are capable of being performed in an airplane simulator 
without a visual system.
    (2) With respect to Sec. 121.409(d) of this part, training and 
practice in at least the maneuvers and procedures set forth in the 
certificate holder's approved low-altitude windshear flight training 
program that are capable of being performed in an airplane simulator in 
which the maneuvers and procedures are specifically authorized.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-199, 53 
FR 37697, Sept. 27, 1988]



Sec. 121.425  Flight engineers: Initial and transition flight training.

    (a) Initial and transition flight training for flight engineers must 
include at least the following:
    (1) Training and practice in procedures related to the carrying out 
of flight engineer duties and functions. This training and practice may 
be accomplished either inflight, in an airplane simulator, or in a 
training device.
    (2) A flight check that includes--
    (i) Preflight inspection;

[[Page 159]]

    (ii) Inflight performance of assigned duties accomplished from the 
flight engineer station during taxi, runup, takeoff, climb, cruise, 
descent, approach, and landing;
    (iii) Accomplishment of other functions, such as fuel management and 
preparation of fuel consumption records, and normal and emergency or 
alternate operation of all airplane flight systems, performed either 
inflight, in an airplane simulator, or in a training device.

Flight engineers possessing a commercial pilot certificate with an 
instrument, category and class rating, or pilots already qualified as 
second in command and reverting to flight engineer, may complete the 
entire flight check in an approved airplane simulator.
    (b) Except as permitted in paragraph (c) of this section, the 
initial flight training required by paragraph (a) of this section must 
include at least the same number of programmed hours of flight training 
and practice that are specified for a second in command pilot under 
Sec. 121.424(c) unless reduced under Sec. 121.405.
    (c) If the certificate holder's approved training program includes a 
course of training utilizing an airplane simulator or other training 
device under Sec. 121.409(c), each flight engineer must successfully 
complete in the simulator or other training device--
    (1) Training and practice in at least all of the assigned duties, 
procedures, and functions required by paragraph (a) of this section; and
    (2) A flight check to a flight engineer level of proficiency in the 
assigned duties, procedures, and functions.

[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-144, 43 
FR 22647, May 25, 1978]



Sec. 121.426  Flight navigators: Initial and transition flight training.

    (a) Initial and transition flight training for flight navigators 
must include flight training and a flight check that are adequate to 
insure his proficiency in the performance of his assigned duties.
    (b) The flight training and checks specified in paragraph (a) of 
this section must be performed--
    (1) Inflight or in an appropriate training device; or
    (2) In operations under this part if performed under supervision of 
a qualified flight navigator.



Sec. 121.427  Recurrent training.

    (a) Recurrent training must ensure that each crew member or 
dispatcher is adequately trained and currently proficient with respect 
to the type airplane (including differences training, if applicable) and 
crewmember position involved.
    (b) Recurrent ground training for crewmembers and dispatchers must 
include at least the following:
    (1) A quiz or other review to determine the state of the 
crewmember's or dispatcher's knowledge with respect to the airplane and 
position involved.
    (2) Instruction as necessary in the subjects required for initial 
ground training by Sec. Sec. 121.415(a) and 121.805, as appropriate, 
including emergency training (not required for aircraft dispatchers).
    (3) For flight attendants and dispatchers, a competence check as 
required by Sec. Sec. 121.421(b) and 121.422(b), respectively.
    (4) Approved recurrent CRM training. For flight crewmembers, this 
training or portions thereof may be accomplished during an approved 
simulator line operational flight training (LOFT) session. The recurrent 
CRM training requirement does not apply until a person has completed the 
applicable initial CRM training required by Sec. Sec. 121.419, 121.421, 
or 121.422.
    (c) Recurrent ground training for crewmembers and dispatchers must 
consist of at least the following programmed hours unless reduced under 
Sec. 121.405:
    (1) For pilots and flight engineers--
    (i) Group I, reciprocating powered airplanes, 16 hours;
    (ii) Group I turbopropeller powered airplanes, 20 hours; and
    (iii) Group II airplanes, 25 hours.
    (2) For flight navigators--
    (i) Group I reciprocating powered airplanes, 12 hours;
    (ii) Group I turbopropeller powered airplanes, 16 hours; and
    (iii) Group II airplanes, 16 hours.
    (3) For flight attendants--

[[Page 160]]

    (i) Group I reciprocating powered airplanes, 4 hours;
    (ii) Group I turbopropeller powered airplanes, 5 hours; and
    (iii) Group II airplanes, 12 hours.
    (4) For aircraft dispatchers--
    (i) Group I reciprocating powered airplanes, 8 hours;
    (ii) Group I turbopropeller powered airplanes, 10 hours; and
    (iii) Group II airplanes, 20 hours.
    (d) Recurrent flight training for flight crewmembers must include at 
least the following:
    (1) For pilots, flight training in an approved simulator in 
maneuvers and procedures set forth in the certificate holder's approved 
low-altitude windshear flight training program and flight training in 
maneuvers and procedures set forth in appendix F to this part, or in a 
flight training program approved by the Administrator, except as 
follows--
    (i) The number of programmed inflight hours is not specified; and
    (ii) Satisfactory completion of a proficiency check may be 
substituted for recurrent flight training as permitted in Sec. 
121.433(c).
    (2) For flight engineers, flight training as provided by Sec. 
121.425(a) except as follows--
    (i) The specified number of inflight hours is not required; and
    (ii) The flight check, other than the preflight inspection, may be 
conducted in an airplane simulator or other training device. The 
preflight inspection may be conducted in an airplane, or by using an 
approved pictorial means that realistically portrays the location and 
detail or preflight inspection items and provides for the portrayal of 
abnormal conditions. Satisfactory completion of an approved line-
oriented simulator training program may be substituted for the flight 
check.
    (3) For flight navigators, enough inflight training and an inflight 
check to insure competency with respect to operating procedures and 
navigation equipment to be used and familiarity with essential 
navigation information pertaining to the certificate holder's routes 
that require a flight navigator.

[Doc. No. 9509, 35 FR 90, Jan. 30, 1970, as amended by Amdt. 121-80, 36 
FR 19362, Oct. 5, 1971; Amdt. 121-144, 43 FR 22647, May 25, 1978; 
Amdt.121-199, 53 FR 37697, Sept. 27, 1988; Amdt. 121-250, 60 FR 65949, 
Dec. 20, 1995; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]



Sec. 121.429  [Reserved]



                   Subpart O_Crewmember Qualifications



Sec. 121.431  Applicability.

    (a) This subpart:
    (1) Prescribes crewmember qualifications for all certificate holders 
except where otherwise specified. The qualification requirements of this 
subpart also apply to each certificate holder that conducts commuter 
operations under part 135 of this chapter with airplanes for which two 
pilots are required by the aircraft type certification rules of this 
chapter. The Administrator may authorize any other certificate holder 
that conducts operations under part 135 of this chapter to comply with 
the training and qualification requirements of this subpart instead of 
subparts E, G, and H of part 135 of this chapter, except that these 
certificate holders may choose to comply with the operating experience 
requirements of Sec. 135.344 of this chapter, instead of the 
requirements of Sec. 121.434; and
    (2) Permits training center personnel authorized under part 142 of 
this chapter who meet the requirements of Sec. Sec. 121.411 through 
121.414 to provide training, testing, and checking under contract or 
other arrangement to those persons subject to the requirements of this 
subpart.
    (b) For the purpose of this subpart, the airplane groups and terms 
and definitions prescribed in Sec. 121.400 and the following 
definitions apply:
    Consolidation is the process by which a person through practice and 
practical experience increases proficiency in newly acquired knowledge 
and skills.
    Line operating flight time is flight time performed in operations 
under this part.
    Operating cycle is a complete flight segment consisting of a 
takeoff, climb,

[[Page 161]]

enroute portion, descent, and a landing.

[Doc. No. 10171, 36 FR 12284, June 30, 1971; as amended by Amdt. 121-
250, 60 FR 65949, Dec. 20, 1995; Amdt. 121-248, 60 FR 20869, Apr. 27, 
1995; Amdt. 121-250, 60 FR 65949, Dec. 20, 1995; Amdt. 121-259, 61 FR 
34561, July 2, 1996; Amdt. 121-263, 62 FR 13791, Mar. 21, 1997]



Sec. 121.432  General.

    (a) Except in the case of operating experience under Sec. 121.434, 
a pilot who serves as second in command of an operation that requires 
three or more pilots must be fully qualified to act as pilot in command 
of that operation.
    (b) No certificate holder may conduct a check or any training in 
operations under this part, except for the following checks and training 
required by this part or the certificate holder:
    (1) Line checks for pilots.
    (2) Flight navigator training conducted under the supervision of a 
flight navigator flight instructor.
    (3) Flight navigator flight checks.
    (4) Flight engineer checks (except for emergency procedures), if the 
person being checked is qualified and current in accordance with Sec. 
121.453(a).
    (5) Flight attendant training and competence checks.

Except for pilot line checks and flight engineer flight checks, the 
person being trained or checked may not be used as a required 
crewmember.
    (c) For the purposes of this subpart the airplane groups prescribed 
in Sec. 121.400 apply.
    (d) For the purposes of this subpart the terms and definitions in 
Sec. 121.400 apply.

[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-130, 41 
FR 47229, Oct. 28, 1976]



Sec. 121.433  Training required.

    (a) Initial training. No certificate holder may use any person nor 
may any person serve as a required crewmember on an airplane unless that 
person has satisfactorily completed, in a training program approved 
under subpart N of this part, initial ground and flight training for 
that type airplane and for the particular crewmember position, except as 
follows:
    (1) Crewmembers who have qualified and served as a crewmember on 
another type airplane of the same group may serve in the same crewmember 
capacity upon completion of transition training as provided in Sec. 
121.415.
    (2) Crewmembers who have qualified and served as second in command 
or flight engineer on a particular type airplane may serve as pilot in 
command or second in command, respectively, upon completion of upgrade 
training for that airplane as provided in Sec. 121.415.
    (b) Differences training. No certificate holder may use any person 
nor may any person serve as a required crewmember on an airplane of a 
type for which differences training is included in the certificate 
holder's approved training program unless that person has satisfactorily 
completed, with respect to both the crewmember position and the 
particular variation of the airplane in which he serves, either initial 
or transition ground and flight training, or differences training, as 
provided in Sec. 121.415.
    (c) Recurrent training. (1) No certificate holder may use any person 
nor may any person serve as a required crewmember on an airplane unless, 
within the preceding 12 calendar months--
    (i) For flight crewmembers, he has satisfactorily completed 
recurrent ground and flight training for that airplane and crewmember 
position and a flight check as applicable;
    (ii) For flight attendants and dispatchers, he has satisfactorily 
completed recurrent ground training and a competence check; and
    (iii) In addition, for pilots in command he has satisfactorily 
completed, within the preceding 6 calendar months, recurrent flight 
training in addition to the recurrent flight training required in 
paragraph (c)(1)(i) of this section, in an airplane in which he serves 
as pilot in command in operations under this part.
    (2) For pilots, a proficiency check as provided in Sec. 121.441 of 
this part may be substituted for the recurrent flight training required 
by this paragraph and the approved simulator course of training under 
Sec. 121.409(b) of this part

[[Page 162]]

may be substituted for alternate periods of recurrent flight training 
required in that airplane, except as provided in paragraphs (d) and (e) 
of this section.
    (d) For each airplane in which a pilot serves as pilot in command, 
he must satisfactorily complete either recurrent flight training or a 
proficiency check within the preceding 12 calendar months.
    (e) Notwithstanding paragraphs (c)(2) and (d) of this section, a 
proficiency check as provided in Sec. 121.441 of this part may not be 
substituted for training in those maneuvers and procedures set forth in 
a certificate holder's approved low-altitude windshear flight training 
program when that program is included in a recurrent flight training 
course as required by Sec. 121.409(d) of this part.

[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-91, 37 
FR 10729, May 27, 1972; Amdt. 121-199, 53 FR 37697, Sept. 27, 1988]



Sec. 121.434  Operating experience, operating cycles, and 
consolidation of knowledge and skills.

    (a) No certificate holder may use a person nor may any person serve 
as a required crewmember of an airplane unless the person has 
satisfactorily completed, on that type airplane and in that crewmember 
position, the operating experience, operating cycles, and the line 
operating flight time for consolidation of knowledge and skills, 
required by this section, except as follows:
    (1) Crewmembers other than pilots in command may serve as provided 
herein for the purpose of meeting the requirements of this section.
    (2) Pilots who are meeting the pilot in command requirements may 
serve as second in command.
    (3) Separate operating experience, operating cycles, and line 
operating flight time for consolidation of knowledge and skills are not 
required for variations within the same type airplane.
    (b) In acquiring the operating experience, operating cycles, and 
line operating flight time for consolidation of knowledge and skills, 
crewmembers must comply with the following:
    (1) In the case of a flight crewmember, he must hold the appropriate 
certificates and ratings for the crewmember position and the airplane, 
except that a pilot who is meeting the pilot in command requirements 
must hold the appropriate certificates and ratings for a pilot in 
command in the airplane.
    (2) The operating experience, operating cycles, and line operating 
flight time for consolidation of knowledge and skills must be acquired 
after satisfactory completion of the appropriate ground and flight 
training for the particular airplane type and crewmember position.
    (3) The experience must be acquired in flight during operations 
under this part. However, in the case of an aircraft not previously used 
by the certificate holder in operations under this part, operating 
experience acquired in the aircraft during proving flights or ferry 
flights may be used to meet this requirement.
    (c) Pilot crewmembers must acquire operating experience and 
operating cycles as follows:
    (1) A pilot in command must--
    (i) Perform the duties of a pilot in command under the supervision 
of a check pilot; and
    (ii) In addition, if a qualifying pilot in command is completing 
initial or upgrade training specified in Sec. 121.424, be observed in 
the performance of prescribed duties by an FAA inspector during at least 
one flight leg which includes a takeoff and landing. During the time 
that a qualifying pilot in command is acquiring the operating experience 
in paragraphs (c)(l) (i) and (ii) of this section, a check pilot who is 
also serving as the pilot in command must occupy a pilot station. 
However, in the case of a transitioning pilot in command the check pilot 
serving as pilot in command may occupy the observer's seat, if the 
transitioning pilot has made at least two takeoffs and landings in the 
type airplane used, and has satisfactorily demonstrated to the check 
pilot that he is qualified to perform the duties of a pilot in command 
of that type of airplane.

[[Page 163]]

    (2) A second in command pilot must perform the duties of a second in 
command under the supervision of an appropriately qualified check pilot.
    (3) The hours of operating experience and operating cycles for all 
pilots are as follows:
    (i) For initial training, 15 hours in Group I reciprocating powered 
airplanes, 20 hours in Group I turbopropeller powered airplanes, and 25 
hours in Group II airplanes. Operating experience in both airplane 
groups must include at least 4 operating cycles (at least 2 as the pilot 
flying the airplane).
    (ii) For transition training, except as provided in paragraph 
(c)(3)(iii) of this section, 10 hours in Group I reciprocating powered 
airplanes, 12 hours in Group I turbopropeller powered airplanes, 25 
hours for pilots in command in Group II airplanes, and 15 hours for 
second in command pilots in Group II airplanes. Operating experience in 
both airplane groups must include at least 4 operating cycles (at least 
2 as the pilot flying the airplane).
    (iii) In the case of transition training where the certificate 
holder's approved training program includes a course of training in an 
airplane simulator under Sec. 121.409(c), each pilot in command must 
comply with the requirements prescribed in paragraph (c)(3)(i) of this 
section for initial training.
    (d) A flight engineer must perform the duties of a flight engineer 
under the supervision of a check airman or a qualified flight engineer 
for at least the following number of hours:
    (1) Group I reciprocating powered airplanes, 8 hours.
    (2) Group I turbopropeller powered airplanes, 10 hours.
    (3) Group II airplanes, 12 hours.
    (e) A flight attendant must, for at least 5 hours, perform the 
assigned duties of a flight attendant under the supervision of a flight 
attendant supervisor qualified under this part who personally observes 
the performance of these duties. However, operating experience is not 
required for a flight attendant who has previously acquired such 
experience on any large passenger carrying airplane of the same group, 
if the certificate holder shows that the flight attendant has received 
sufficient ground training for the airplane in which the flight 
attendant is to serve. Flight attendants receiving operating experience 
may not be assigned as a required crewmember. Flight attendants who have 
satisfactorily completed training time acquired in an approved training 
program conducted in a full-scale (except for length) cabin training 
device of the type airplane in which they are to serve may substitute 
this time for 50 percent of the hours required by this paragraph.
    (f) Flight crewmembers may substitute one additional takeoff and 
landing for each hour of flight to meet the operating experience 
requirements of this section, up to a maximum reduction of 50% of flight 
hours, except those in Group II initial training, and second in command 
pilots in Group II transition training. Notwithstanding the reductions 
in programmed hours permitted under Sec. Sec. 121.405 and 121.409, the 
hours of operating experience for flight crewmembers are not subject to 
reduction other than as provided in this paragraph and paragraph (e) of 
this section.
    (g) Except as provided in paragraph (h) of this section, pilot in 
command and second in command crewmembers must each acquire at least 100 
hours of line operating flight time for consolidation of knowledge and 
skills (including operating experience required under paragraph (c) of 
this section) within 120 days after the satisfactory completion of:
    (1) Any part of the flight maneuvers and procedures portion of 
either an airline transport pilot certificate with type rating practical 
test or an additional type rating practical test, or
    (2) A Sec. 121.441 proficiency check.
    (h) The following exceptions apply to the consolidation requirement 
of paragraph (g) of this section:
    (1) Pilots who have qualified and served as pilot in command or 
second in command on a particular type airplane in operations under this 
part before August 25, 1995 are not required to complete line operating 
flight time for consolidation of knowledge and skills.
    (2) Pilots who have completed the line operating flight time 
requirement for consolidation of knowledge and

[[Page 164]]

skills while serving as second in command on a particular type airplane 
in operations under this part after August 25, 1995 are not required to 
repeat the line operating flight time before serving as pilot in command 
on the same type airplane.
    (3) If, before completing the required 100 hours of line operating 
flight time, a pilot serves as a pilot in another airplane type operated 
by the certificate holder, the pilot may not serve as a pilot in the 
airplane for which the pilot has newly qualified unless the pilot 
satifactorily completes refresher training as provided in the 
certificate holder's approved training program and that training is 
conducted by an appropriately qualified instructor or check pilot.
    (4) If the required 100 hours of line operating flight time are not 
completed within 120 days, the certificate holder may extend the 120-day 
period to no more than 150 days if--
    (i) The pilot continues to meet all other applicable requirements of 
subpart O of this part; and
    (ii) On or before the 120th day the pilot satisfactorily completes 
refresher training conducted by an appropriately qualified instructor or 
check pilot as provided in the certificate holder's approved training 
program, or a check pilot determines that the pilot has retained an 
adequate level of proficiency after observing that pilot in a supervised 
line operating flight.
    (5) The Administrator, upon application by the certificate holder, 
may authorize deviations from the requirements of paragraph (g) of this 
section, by an appropriate amendment to the operations specifications, 
to the extent warranted by any of the following circumstances:
    (i) A newly certificated certificate holder does not employ any 
pilots who meet the minimum requirements of paragraph (g) of this 
section.
    (ii) An existing certificate holder adds to its fleet an airplane 
type not before proven for use in its operations.
    (iii) A certificate holder establishes a new domicile to which it 
assigns pilots who will be required to become qualified on the airplanes 
operated from that domicile.
    (i) Notwithstanding the reductions in programmed hours permitted 
under Sec. Sec. 121.405 and 121.409 of subpart N of this part, the 
hours of operating experience for flight crewmembers are not subject to 
reduction other than as provided in paragraphs (e) and (f) of this 
section.

[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as amended by Amdt. 121-74, 36 
FR 12284, June 30, 1971; Amdt. 121-91, 37 FR 10729, May 27, 1972; Amdt. 
121-140, 43 FR 9599, Mar. 9, 1978; Amdt. 121-144, 43 FR 22647, May 25, 
1978; Amdt. 121-159, 45 FR 41593, June 19, 1980; Amdt. 121-248, 60 FR 
20870, Apr. 27, 1995]



Sec. 121.437  Pilot qualification: Certificates required.

    (a) No pilot may act as pilot in command of an aircraft (or as 
second in command of an aircraft in a flag or supplemental operation 
that requires three or more pilots) unless he holds an airline transport 
pilot certificate and an appropriate type rating for that aircraft.
    (b) No certificate holder may use nor may any pilot act as a pilot 
in a capacity other than those specified in paragraph (a) of this 
section unless the pilot holds at least a commercial pilot certificate 
with appropriate category and class ratings for the aircraft concerned, 
and an instrument rating. Notwithstanding the requirements of Sec. 
61.63 (b) and (c) of this chapter, a pilot who is currently employed by 
a certificate holder and meets applicable training requirements of 
subpart N of this part, and the proficiency check requirements of Sec. 
121.441, may be issued the appropriate category and class ratings by 
presenting proof of compliance with those requirements to a Flight 
Standards District Office.

[Doc. No. 6258, 29 FR 19215, Dec. 31, 1964, as amended by Amdt. 121-148, 
43 FR 46235, Oct. 5, 1978; 44 FR 25202, Apr. 30, 1979; Amdt. 121-207, 54 
FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2612, Jan. 26, 1996; 
Amdt. 121-262, 62 FR 13257, Mar. 19, 1997]



Sec. 121.438  Pilot operating limitations and pairing requirements.

    (a) If the second in command has fewer than 100 hours of flight time 
as second in command in operations under this part in the type airplane 
being flown, and the pilot in command is not an appropriately qualified 
check pilot, the pilot in command must make all

[[Page 165]]

takeoffs and landings in the following situations:
    (1) At special airports designated by the Administrator or at 
special airports designated by the certificate holder; and
    (2) In any of the following conditions:
    (i) The prevailing visibility value in the latest weather report for 
the airport is at or below \3/4\ mile.
    (ii) The runway visual range for the runway to be used is at or 
below 4,000 feet.
    (iii) The runway to be used has water, snow, slush or similar 
conditions that may adversely affect airplane performance.
    (iv) The braking action on the runway to be used is reported to be 
less than ``good''.
    (v) The crosswind component for the runway to be used is in excess 
of 15 knots.
    (vi) Windshear is reported in the vicinity of the airport.
    (vii) Any other condition in which the PIC determines it to be 
prudent to exercise the PIC's prerogative.
    (b) No person may conduct operations under this part unless, for 
that type airplane, either the pilot in command or the second in command 
has at least 75 hours of line operating flight time, either as pilot in 
command or second in command. The Administrator may, upon application by 
the certificate holder, authorize deviations from the requirements of 
this paragraph (b) by an appropriate amendment to the operations 
specifications in any of the following circumstances:
    (1) A newly certificated certificate holder does not employ any 
pilots who meet the minimum requirements of this paragraph.
    (2) An existing certificate holder adds to its fleet a type airplane 
not before proven for use in its operations.
    (3) An existing certificate holder establishes a new domicile to 
which it assigns pilots who will be required to become qualified on the 
airplanes operated from that domicile.

[Doc. No. 27210, 60 FR 20870, Apr. 27, 1995]



Sec. 121.439  Pilot qualification: Recent experience.

    (a) No certificate holder may use any person nor may any person 
serve as a required pilot flight crewmember, unless within the preceding 
90 days, that person has made at least three takeoffs and landings in 
the type airplane in which that person is to serve. The takeoffs and 
landings required by this paragraph may be performed in a visual 
simulator approved under Sec. 121.407 to include takeoff and landing 
maneuvers. In addition, any person who fails to make the three required 
takeoffs and landings within any consecutive 90-day period must 
reestablish recency of experience as provided in paragraph (b) of this 
section.
    (b) In addition to meeting all applicable training and checking 
requirements of this part, a required pilot flight crewmember who has 
not met the requirements of paragraph (a) of this section must 
reestablish recency of experience as follows:
    (1) Under the supervision of a check airman, make at least three 
takeoffs and landings in the type airplane in which that person is to 
serve or in an advanced simulator or visual simulator. When a visual 
simulator is used, the requirements of paragraph (c) of this section 
must be met.
    (2) The takeoffs and landings required in paragraph (b)(1) of this 
section must include--
    (i) At least one takeoff with a simulated failure of the most 
critical powerplant;
    (ii) At least one landing from an ILS approach to the lowest ILS 
minimum authorized for the certificate holder; and
    (iii) At least one landing to a full stop.
    (c) A required pilot flight crewmember who performs the manuvers 
prescribed in paragraph (b) of this section in a visual simulator must--
    (1) Have previously logged 100 hours of flight time in the same type 
airplane in which he is to serve;
    (2) Be observed on the first two landings made in operations under 
this part by an approved check airman who acts as pilot in command and 
occupies a pilot seat. The landings must be made in weather minimums 
that are not less than those contained in the certificate holder's 
operations specifications for Category I Operations, and must be

[[Page 166]]

made within 45 days following completion of simulator training.
    (d) When using a simulator to accomplish any of the requirements of 
paragraph (a) or (b) of this section, each required flight crewmember 
position must be occupied by an appropriately qualified person and the 
simulator must be operated as if in a normal in-flight environment 
without use of the repositioning features of the simulator.
    (e) A check airman who observes the takeoffs and landings prescribed 
in paragraphs (b)(1) and (c) of this section shall certify that the 
person being observed is proficient and qualified to perform flight duty 
in operations under this part and may require any additional maneuvers 
that are determined necessary to make this certifying statement.

[Doc. No. 16383, 43 FR 22648, May 25, 1978, as amended by Amdt. 121-148, 
43 FR 46235, Oct. 5, 1978; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982]



Sec. 121.440  Line checks.

    (a) No certificate holder may use any person nor may any person 
serve as pilot in command of an airplane unless, within the preceding 12 
calendar months, that person has passed a line check in which he 
satisfactorily performs the duties and responsibilities of a pilot in 
command in one of the types of airplanes he is to fly.
    (b) A pilot in command line check for domestic and flag operations 
must--
    (1) Be given by a pilot check airman who is currently qualified on 
both the route and the airplane; and
    (2) Consist of at least one flight over a typical part of the 
certificate holder's route, or over a foreign or Federal airway, or over 
a direct route.
    (c) A pilot in command line check for supplemental operations must--
    (1) Be given by a pilot check airman who is currently qualified on 
the airplane; and
    (2) Consist of at least one flight over a part of a Federal airway, 
foreign airway, or advisory route over which the pilot may be assigned.
    (d) No certificate holder may use the services of any person as a 
pilot in operations under this part unless the certificate holder 
evaluates every 6 months the performance, through a line check, of each 
pilot of the certificate holder who has attained 60 years of age. 
Notwithstanding the foregoing, a certificate holder is not required to 
conduct for a 6-month period a line check under this paragraph of a 
pilot serving as a second-in-command if the pilot has undergone a 
regularly scheduled simulator evaluation during that period.
    (e) No pilot who has attained 60 years of age may serve as a pilot 
in operations under this part unless the certificate holder has 
evaluated the pilot's performance every 6 months, through a line check. 
Notwithstanding the foregoing, a certificate holder is not required to 
conduct for a 6-month period a line check under this paragraph of a 
pilot serving as a second-in-command if the pilot has undergone a 
regularly scheduled simulator evaluation during that period.
    (f) The training program provisions of Sec. 121.401(b) do not apply 
to pilots who have attained 60 years of age and serve in operations 
under this part.

[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-143, 43 
FR 22642, May 25, 1978; Amdt. 121-253, 61 FR 2612, Jan. 26, 1996; Amdt. 
121-344, 74 FR 34235, July 15, 2009]



Sec. 121.441  Proficiency checks.

    (a) No certificate holder may use any person nor may any person 
serve as a required pilot flight crewmember unless that person has 
satisfactorily completed either a proficiency check, or an approved 
simulator course of training under Sec. 121.409, as follows:
    (1) For a pilot in command, a proficiency check within the preceding 
12 calendar months and, in addition, within the preceding 6 calendar 
months, either a proficiency check or the simulator training.
    (2) For all other pilots--
    (i) Within the preceding 24 calendar months either a proficiency 
check or the line-oriented simulator training course under Sec. 
121.409; and
    (ii) Within the preceding 12 calendar months, either a proficiency 
check or any simulator training course under Sec. 121.409.
    (b) Except as provided in paragraphs (c) and (d) of this section, a 
proficiency check must meet the following requirements:

[[Page 167]]

    (1) It must include at least the procedures and maneuvers set forth 
in appendix F to this part unless otherwise specifically provided in 
that appendix.
    (2) It must be given by the Administrator or a pilot check airman.
    (c) An approved airplane simulator or other appropriate training 
device may be used in the conduct of a proficiency check as provided in 
appendix F to this part.
    (d) A person giving a proficiency check may, in his discretion, 
waive any of the maneuvers or procedures for which a specific waiver 
authority is set forth in appendix F to this part if--
    (1) The Administrator has not specifically required the particular 
maneuver or procedure to be performed;
    (2) The pilot being checked is, at the time of the check, employed 
by a certificate holder as a pilot; and
    (3) The pilot being checked is currently qualified for operations 
under this part in the particular type airplane and flight crewmember 
position or has, within the preceding six calendar months, 
satisfactorily completed an approved training program for the particular 
type airplane.
    (e) If the pilot being checked fails any of the required maneuvers, 
the person giving the proficiency check may give additional training to 
the pilot during the course of the proficiency check. In addition to 
repeating the maneuvers failed, the person giving the proficiency check 
may require the pilot being checked to repeat any other maneuvers he 
finds are necessary to determine the pilot's proficiency. If the pilot 
being checked is unable to demonstrate satisfactory performance to the 
person conducting the check, the certificate holder may not use him nor 
may he serve in operations under this part until he has satisfactorily 
completed a proficiency check.

However, the entire proficiency check (other than the initial second-in-
command proficiency check) required by this section may be conducted in 
an approved visual simulator if the pilot being checked accomplishes at 
least two landings in the appropriate airplane during a line check or 
other check conducted by a pilot check airman (a pilot-in-command may 
observe and certify the satisfactory accomplishment of these landings by 
a second-in-command). If a pilot proficiency check is conducted in 
accordance with this paragraph, the next required proficiency check for 
that pilot must be conducted in the same manner, or in accordance with 
appendix F of this part, or a course of training in an airplane visual 
simulator under Sec. 121.409 may be substituted therefor.

[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as amended by Amdt. 121-103, 38 
FR 12203, May 10, 1973, Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt. 
121-144, 43 FR 22648, May 25, 1978; Amdt. 121-263, 62 FR 13791, Mar. 21, 
1997]



Sec. 121.443  Pilot in command qualification: Route and airports.

    (a) Each certificate holder shall provide a system acceptable to the 
Administrator for disseminating the information required by paragraph 
(b) of this section to the pilot in command and appropriate flight 
operation personnel. The system must also provide an acceptable means 
for showing compliance with Sec. 121.445.
    (b) No certificate holder may use any person, nor may any person 
serve, as pilot in command unless the certificate holder has provided 
that person current information concerning the following subjects 
pertinent to the areas over which that person is to serve, and to each 
airport and terminal area into which that person is to operate, and 
ensures that that person has adequate knowledge of, and the ability to 
use, the information:
    (1) Weather characteristics appropriate to the season.
    (2) Navigation facilities.
    (3) Communication procedures, including airport visual aids.
    (4) Kinds of terrain and obstructions.
    (5) Minimum safe flight levels.
    (6) En route and terminal area arrival and departure procedures, 
holding procedures and authorized instrument approach procedures for the 
airports involved.
    (7) Congested areas and physical layout of each airport in the 
terminal area in which the pilot will operate.
    (8) Notices to Airmen.

[Doc. No. 17897, 45 FR 41594, June 19, 1980; Amdt. 121-159, 45 FR 43154, 
June 26, 1980]

[[Page 168]]



Sec. 121.445  Pilot in command airport qualification: Special areas
and airports.

    (a) The Administrator may determine that certain airports (due to 
items such as surrounding terrain, obstructions, or complex approach or 
departure procedures) are special airports requiring special airport 
qualifications and that certain areas or routes, or both, require a 
special type of navigation qualification.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder may use any person, nor may any person serve, as 
pilot in command to or from an airport determined to require special 
airport qualifications unless, within the preceding 12 calendar months:
    (1) The pilot in command or second in command has made an entry to 
that airport (including a takeoff and landing) while serving as a pilot 
flight crewmember; or
    (2) The pilot in command has qualified by using pictorial means 
acceptable to the Administrator for that airport.
    (c) Paragraph (b) of this section does not apply when an entry to 
that airport (including a takeoff or a landing) is being made if the 
ceiling at that airport is at least 1,000 feet above the lowest MEA or 
MOCA, or initial approach altitude prescribed for the instrument 
approach procedure for that airport, and the visibility at that airport 
is at least 3 miles.
    (d) No certificate holder may use any person, nor may any person 
serve, as pilot in command between terminals over a route or area that 
requires a special type of navigation qualification unless, within the 
preceding 12 calendar months, that person has demonstrated qualification 
on the applicable navigation system in a manner acceptable to the 
Administrator, by one of the following methods:
    (1) By flying over a route or area as pilot in command using the 
applicable special type of navigation system.
    (2) By flying over a route or area as pilot in command under the 
supervision of a check airman using the special type of navigation 
system.
    (3) By completing the training program requirements of appendix G of 
this part.

[Doc. No. 17897, 45 FR 41594, June 19, 1980]



Sec. 121.447  [Reserved]



Sec. 121.453  Flight engineer qualifications.

    (a) No certificate holder may use any person nor may any person 
serve as a flight engineer on an airplane unless, within the preceding 6 
calendar months, he has had at least 50 hours of flight time as a flight 
engineer on that type airplane or the certificate holder or the 
Administrator has checked him on that type airplane and determined that 
he is familiar and competent with all essential current information and 
operating procedures.
    (b) A flight check given in accordance with Sec. 121.425(a)(2) 
satisfies the requirements of paragraph (a) of this section.

[Doc. No. 9509, 35 FR 96, Jan. 3, 1970]



Sec. Sec. 121.455-121.459  [Reserved]



       Subpart P_Aircraft Dispatcher Qualifications and Duty Time

Limitations: Domestic and Flag Operations; Flight Attendant Duty Period 
  Limitations and Rest Requirements: Domestic, Flag, and Supplemental 
                               Operations



Sec. 121.461  Applicability.

    This subpart prescribes--
    (a) Qualifications and duty time limitations for aircraft 
dispatchers for certificate holders conducting domestic flag operations; 
and
    (b) Duty period limitations and rest requirements for flight 
attendants used by certificate holders conducting domestic, flag, or 
supplemental operations.

[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]



Sec. 121.463  Aircraft dispatcher qualifications.

    (a) No certificate holder conducting domestic or flag operations may 
use any person, nor may any person serve,

[[Page 169]]

as an aircraft dispatcher for a particular airplane group unless that 
person has, with respect to an airplane of that group, satisfactorily 
completed the following:
    (1) Initial dispatcher training, except that a person who has 
satisfactorily completed such training for another type airplane of the 
same group need only complete the appropriate transition training.
    (2) Operating familiarization consisting of at least 5 hours 
observing operations under this part from the flight deck or, for 
airplanes without an observer seat on the flight deck, from a forward 
passenger seat with headset or speaker. This requirement may be reduced 
to a minimum of 2\1/2\ hours by the substitution of one additional 
takeoff and landing for an hour of flight. A person may serve as an 
aircraft dispatcher without meeting the requirement of this paragraph 
(a) for 90 days after initial introduction of the airplane into 
operations under this part.
    (b) No certificate holder conducting domestic or flag operations may 
use any person, nor may any person serve, as an aircraft dispatcher for 
a particular type airplane unless that person has, with respect to that 
airplane, satisfactorily completed differences training, if applicable.
    (c) No certificate holder conducting domestic or flag operations may 
use any person, nor may any person serve, as an aircraft dispatcher 
unless within the preceding 12 calendar months the aircraft dispatcher 
has satisfactorily completed operating familiarization consisting of at 
least 5 hours observing operations under this part, in one of the types 
of airplanes in each group to be dispatched. This observation shall be 
made from the flight deck or, for airplanes without an observer seat on 
the flight deck, from a forward passenger seat with headset or speaker. 
The requirement of paragraph (a) of this section may be reduced to a 
minimum of 2\1/2\ hours by the substitution of one additional takeoff 
and landing for an hour of flight. The requirement of this paragraph may 
be satisfied by observation of 5 hours of simulator training for each 
airplane group in one of the simulators approved under Sec. 121.407 for 
the group. However, if the requirement of paragraph (a) is met by the 
use of a simulator, no reduction in hours is permitted.
    (d) No certificate holder conducting domestic or flag operations may 
use any person, nor may any person serve as an aircraft dispatcher to 
dispatch airplanes in operations under this part unless the certificate 
holder has determined that he is familiar with all essential operating 
procedures for that segment of the operation over which he exercises 
dispatch jurisdiction. However, a dispatcher who is qualified to 
dispatch airplanes through one segment of an operation may dispatch 
airplanes through other segments of the operation after coordinating 
with dispatchers who are qualified to dispatch airplanes through those 
other segments.
    (e) For the purposes of this section, the airplane groups, terms, 
and definitions in Sec. 121.400 apply.

[Doc. No. 7325, 37 FR 5607, Mar. 17, 1972, as amended by Amdt. 121-251, 
60 FR 65934, Dec. 20, 1995]



Sec. 121.465  Aircraft dispatcher duty time limitations:
Domestic and flag operations.

    (a) Each certificate holder conducting domestic or flag operations 
shall establish the daily duty period for a dispatcher so that it begins 
at a time that allows him or her to become thoroughly familiar with 
existing and anticipated weather conditions along the route before he or 
she dispatches any airplane. He or she shall remain on duty until each 
airplane dispatched by him or her has completed its flight, or has gone 
beyond his or her jurisdiction, or until he or she is relieved by 
another qualified dispatcher.
    (b) Except in cases where circumstances or emergency conditions 
beyond the control of the certificate holder require otherwise--
    (1) No certificate holder conducting domestic or flag operations may 
schedule a dispatcher for more than 10 consecutive hours of duty;
    (2) If a dispatcher is scheduled for more than 10 hours of duty in 
24 consecutive hours, the certificate holder shall provide him or her a 
rest period of at least eight hours at or before the end of 10 hours of 
duty.

[[Page 170]]

    (3) Each dispatcher must be relieved of all duty with the 
certificate holder for at least 24 consecutive hours during any seven 
consecutive days or the equivalent thereof within any calendar month.
    (c) Notwithstanding paragraphs (a) and (b) of this section, a 
certificate holder conducting flag operations may, if authorized by the 
Administrator, schedule an aircraft dispatcher at a duty station outside 
of the 48 contiguous States and the District of Columbia, for more than 
10 consecutive hours of duty in a 24-hour period if that aircraft 
dispatcher is relieved of all duty with the certificate holder for at 
least eight hours during each 24-hour period.

[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]



Sec. 121.467  Flight attendant duty period limitations and rest 
requirements: Domestic, flag, and supplemental operations.

    (a) For purposes of this section--
    Calendar day means the period of elapsed time, using Coordinated 
Universal Time or local time, that begins at midnight and ends 24 hours 
later at the next midnight.
    Duty period means the period of elapsed time between reporting for 
an assignment involving flight time and release from that assignment by 
the certificate holder conducting domestic, flag, or supplemental 
operations. The time is calculated using either Coordinated Universal 
Time or local time to reflect the total elapsed time.
    Flight attendant means an individual, other than a flight 
crewmember, who is assigned by a certificate holder conducting domestic, 
flag, or supplemental operations, in accordance with the required 
minimum crew complement under the certificate holder's operations 
specifications or in addition to that minimum complement, to duty in an 
aircraft during flight time and whose duties include but are not 
necessarily limited to cabin-safety-related responsibilities.
    Rest period means the period free of all restraint or duty for a 
certificate holder conducting domestic, flag, or supplemental operations 
and free of all responsibility for work or duty should the occasion 
arise.
    (b) Except as provided in paragraph (c) of this section, a 
certificate holder conducting domestic, flag, or supplemental operations 
may assign a duty period to a flight attendant only when the applicable 
duty period limitations and rest requirements of this paragraph are met.
    (1) Except as provided in paragraphs (b)(4), (b)(5), and (b)(6) of 
this section, no certificate holder conducting domestic, flag, or 
supplemental operations may assign a flight attendant to a scheduled 
duty period of more than 14 hours.
    (2) Except as provided in paragraph (b)(3) of this section, a flight 
attendant scheduled to a duty period of 14 hours or less as provided 
under paragraph (b)(1) of this section must be given a scheduled rest 
period of at least 9 consecutive hours. This rest period must occur 
between the completion of the scheduled duty period and the commencement 
of the subsequent duty period.
    (3) The rest period required under paragraph (b)(2) of this section 
may be scheduled or reduced to 8 consecutive hours if the flight 
attendant is provided a subsequent rest period of at least 10 
consecutive hours; this subsequent rest period must be scheduled to 
begin no later than 24 hours after the beginning of the reduced rest 
period and must occur between the completion of the scheduled duty 
period and the commencement of the subsequent duty period.
    (4) A certificate holder conducting domestic, flag, or supplemental 
operations may assign a flight attendant to a scheduled duty period of 
more than 14 hours, but no more than 16 hours, if the certificate holder 
has assigned to the flight or flights in that duty period at least one 
flight attendant in addition to the minimum flight attendant complement 
required for the flight or flights in that duty period under the 
certificate holder's operations specifications.
    (5) A certificate holder conducting domestic, flag, or supplemental 
operations may assign a flight attendant to a scheduled duty period of 
more than 16 hours, but no more than 18 hours, if the certificate holder 
has assigned to the flight or flights in that duty period at

[[Page 171]]

least two flight attendants in addition to the minimum flight attendant 
complement required for the flight or flights in that duty period under 
the certificate holder's operations specifications.
    (6) A certificate holder conducting domestic, flag, or supplemental 
operations may assign a flight attendant to a scheduled duty period of 
more than 18 hours, but no more than 20 hours, if the scheduled duty 
period includes one or more flights that land or take off outside the 48 
contiguous states and the District of Columbia, and if the certificate 
holder has assigned to the flight or flights in that duty period at 
least three flight attendants in addition to the minimum flight 
attendant complement required for the flight or flights in that duty 
period under the domestic certificate holder's operations 
specifications.
    (7) Except as provided in paragraph (b)(8) of this section, a flight 
attendant scheduled to a duty period of more than 14 hours but no more 
than 20 hours, as provided in paragraphs (b)(4), (b)(5), and (b)(6) of 
this section, must be given a scheduled rest period of at least 12 
consecutive hours. This rest period must occur between the completion of 
the scheduled duty period and the commencement of the subsequent duty 
period.
    (8) The rest period required under paragraph (b)(7) of this section 
may be scheduled or reduced to 10 consecutive hours if the flight 
attendant is provided a subsequent rest period of at least 14 
consecutive hours; this subsequent rest period must be scheduled to 
begin no later than 24 hours after the beginning of the reduced rest 
period and must occur between the completion of the scheduled duty 
period and the commencement of the subsequent duty period.
    (9) Notwithstanding paragraphs (b)(4), (b)(5), and (b)(6) of this 
section, if a certificate holder conducting domestic, flag, or 
supplemental operations elects to reduce the rest period to 10 hours as 
authorized by paragraph (b)(8) of this section, the certificate holder 
may not schedule a flight attendant for a duty period of more than 14 
hours during the 24-hour period commencing after the beginning of the 
reduced rest period.
    (10) No certificate holder conducting domestic, flag, or 
supplemental operations may assign a flight attendant any duty period 
with the certificate holder unless the flight attendant has had at least 
the minimum rest required under this section.
    (11) No certificate holder conducting domestic, flag, or 
supplemental operations may assign a flight attendant to perform any 
duty with the certificate holder during any required rest period.
    (12) Time spent in transportation, not local in character, that a 
certificate holder conducting domestic, flag, or supplemental operations 
requires of a flight attendant and provides to transport the flight 
attendant to an airport at which that flight attendant is to serve on a 
flight as a crewmember, or from an airport at which the flight attendant 
was relieved from duty to return to the flight attendant's home station, 
is not considered part of a rest period.
    (13) Each certificate holder conducting domestic, flag, or 
supplemental operations must relieve each flight attendant engaged in 
air transportation and each commercial operator must relieve each flight 
attendant engaged in air commerce from all further duty for at least 24 
consecutive hours during any 7 consecutive calendar days.
    (14) A flight attendant is not considered to be scheduled for duty 
in excess of duty period limitations if the flights to which the flight 
attendant is assigned are scheduled and normally terminate within the 
limitations but due to circumstances beyond the control of the 
certificate holder conducting domestic, flag, or supplemental operations 
(such as adverse weather conditions) are not at the time of departure 
expected to reach their destination within the scheduled time.
    (c) Notwithstanding paragraph (b) of this section, a certificate 
holder conducting domestic, flag, or supplemental operations may apply 
the flight crewmember flight time and duty limitations and rest 
requirements of this part to flight attendants for all operations 
conducted under this part provided that--

[[Page 172]]

    (1) The certificate holder establishes written procedures that--
    (i) Apply to all flight attendants used in the certificate holder's 
operation;
    (ii) Include the flight crewmember requirements contained in 
subparts Q, R, or S of this part, as appropriate to the operation being 
conducted, except that rest facilities on board the aircraft are not 
required;
    (iii) Include provisions to add one flight attendant to the minimum 
flight attendant complement for each flight crewmember who is in excess 
of the minimum number required in the aircraft type certificate data 
sheet and who is assigned to the aircraft under the provisions of 
subparts Q, R, and S, as applicable, of this part;
    (iv) Are approved by the Administrator and are described or 
referenced in the certificate holder's operations specifications; and
    (2) Whenever the Administrator finds that revisions are necessary 
for the continued adequacy of the written procedures that are required 
by paragraph (c)(1) of this section and that had been granted final 
approval, the certificate holder must, after notification by the 
Administrator, make any changes in the procedures that are found 
necessary by the Administrator. Within 30 days after the certificate 
holder receives such notice, it may file a petition to reconsider the 
notice with the certificate-holding district office. The filing of a 
petition to reconsider stays the notice, pending decision by the 
Administrator. However, if the Administrator finds that an emergency 
requires immediate action in the interest of safety, the Administrator 
may, upon a statement of the reasons, require a change effective without 
stay.

[Amdt. 121-241, 59 FR 42991, Aug. 19, 1994, as amended by Amdt. 121-253, 
61 FR 2612, Jan. 26, 1996]



   Subpart Q_Flight Time Limitations and Rest Requirements: Domestic 
                               Operations

    Source: Docket No. 23634, 50 FR 29319, July 18, 1985, unless 
otherwise noted.



Sec. 121.470  Applicability.

    This subpart prescribes flight time limitations and rest 
requirements for domestic operations, except that:
    (a) Certificate holders conducting operations with airplanes having 
a passenger seat configuration of 30 seats or fewer, excluding each 
crewmember seat, and a payload capacity of 7,500 pounds or less, may 
comply with the applicable requirements of Sec. Sec. 135.261 through 
135.273 of this chapter.
    (b) Certificate holders conducting scheduled operations entirely 
within the States of Alaska or Hawaii with airplanes having a passenger 
seat configuration of more than 30 seats, excluding each crewmember 
seat, or a payload capacity of more than 7,500 pounds, may comply with 
the requirements of subpart R of this part for those operations.

[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]



Sec. 121.471  Flight time limitations and rest requirements:
All flight crewmembers.

    (a) No certificate holder conducting domestic operations may 
schedule any flight crewmember and no flight crewmember may accept an 
assignment for flight time in scheduled air transportation or in other 
commercial flying if that crewmember's total flight time in all 
commercial flying will exceed--
    (1) 1,000 hours in any calendar year;
    (2) 100 hours in any calendar month;
    (3) 30 hours in any 7 consecutive days;
    (4) 8 hours between required rest periods.
    (b) Except as provided in paragraph (c) of this section, no 
certificate holder conducting domestic operations may schedule a flight 
crewmember and no flight crewmember may accept an assignment for flight 
time during the 24 consecutive hours preceding the scheduled completion 
of any flight segment without a scheduled rest period during that 24 
hours of at least the following:
    (1) 9 consecutive hours of rest for less than 8 hours of scheduled 
flight time.
    (2) 10 consecutive hours of rest for 8 or more but less than 9 hours 
of scheduled flight time.
    (3) 11 consecutive hours of rest for 9 or more hours of scheduled 
flight time.
    (c) A certificate holder may schedule a flight crewmember for less 
than the

[[Page 173]]

rest required in paragraph (b) of this section or may reduce a scheduled 
rest under the following conditions:
    (1) A rest required under paragraph (b)(1) of this section may be 
scheduled for or reduced to a minimum of 8 hours if the flight 
crewmember is given a rest period of at least 10 hours that must begin 
no later than 24 hours after the commencement of the reduced rest 
period.
    (2) A rest required under paragraph (b)(2) of this section may be 
scheduled for or reduced to a minimum of 8 hours if the flight 
crewmember is given a rest period of at least 11 hours that must begin 
no later than 24 hours after the commencement of the reduced rest 
period.
    (3) A rest required under paragraph (b)(3) of this section may be 
scheduled for or reduced to a minimum of 9 hours if the flight 
crewmember is given a rest period of at least 12 hours that must begin 
no later than 24 hours after the commencement of the reduced rest 
period.
    (4) No certificate holder may assign, nor may any flight crewmember 
perform any flight time with the certificate holder unless the flight 
crewmember has had at least the minimum rest required under this 
paragraph.
    (d) Each certificate holder conducting domestic operations shall 
relieve each flight crewmember engaged in scheduled air transportation 
from all further duty for at least 24 consecutive hours during any 7 
consecutive days.
    (e) No certificate holder conducting domestic operations may assign 
any flight crewmember and no flight crewmember may accept assignment to 
any duty with the air carrier during any required rest period.
    (f) Time spent in transportation, not local in character, that a 
certificate holder requires of a flight crewmember and provides to 
transport the crewmember to an airport at which he is to serve on a 
flight as a crewmember, or from an airport at which he was relieved from 
duty to return to his home station, is not considered part of a rest 
period.
    (g) A flight crewmember is not considered to be scheduled for flight 
time in excess of flight time limitations if the flights to which he is 
assigned are scheduled and normally terminate within the limitations, 
but due to circumstances beyond the control of the certificate holder 
(such as adverse weather conditions), are not at the time of departure 
expected to reach their destination within the scheduled time.

[Doc. No. 23634, 50 FR 29319, July 18, 1985, as amended by Amdt. 121-
253, 61 FR 2612, Jan. 26, 1996]



           Subpart R_Flight Time Limitations: Flag Operations

    Source: Docket No. 6258, 29 FR 19217, Dec. 31, 1964; 30 FR 3639, 
Mar. 19, 1965, unless otherwise noted.



Sec. 121.480  Applicability.

    This subpart prescribes flight time limitations and rest 
requirements for flag operations, except that certificate holders 
conducting operations with airplanes having a passenger seat 
configuration of 30 seats or fewer, excluding each crewmember seat, and 
a payload capacity of 7,500 pounds or less, may comply with the 
applicable requirements of Sec. Sec. 135.261 through 135.273 of this 
chapter.

[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]



Sec. 121.481  Flight time limitations: One or two pilot crews.

    (a) A certificate holder conducting flag operations may schedule a 
pilot to fly in an airplane that has a crew of one or two pilots for 
eight hours or less during any 24 consecutive hours without a rest 
period during these eight hours.
    (b) If a certificate holder conducting flag operations schedules a 
pilot to fly more than eight hours during any 24 consecutive hours, it 
shall give him an intervening rest period, at or before the end of eight 
scheduled hours of flight duty. This rest period must be at least twice 
the number of hours flown since the preceding rest period, but not less 
than eight hours. The certificate holder shall relieve that pilot of all 
duty with it during that rest period.
    (c) Each pilot who has flown more than eight hours during 24 
consecutive hours must be given at least 18 hours of

[[Page 174]]

rest before being assigned to any duty with the certificate holder.
    (d) No pilot may fly more than 32 hours during any seven consecutive 
days, and each pilot must be relieved from all duty for at least 24 
consecutive hours at least once during any seven consecutive days.
    (e) No pilot may fly as a member of a crew more than 100 hours 
during any one calendar month.
    (f) No pilot may fly as a member of a crew more than 1,000 hours 
during any 12-calendar-month period.

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.483  Flight time limitations: Two pilots and one additional
flight crewmember.

    (a) No certificate holder conducting flag operations may schedule a 
pilot to fly, in an airplane that has a crew of two pilots and at least 
one additional flight crewmember, for a total of more than 12 hours 
during any 24 consecutive hours.
    (b) If a pilot has flown 20 or more hours during any 48 consecutive 
hours or 24 or more hours during any 72 consecutive hours, he must be 
given at least 18 hours of rest before being assigned to any duty with 
the air carrier. In any case, he must be given at least 24 consecutive 
hours of rest during any seven consecutive days.
    (c) No pilot may fly as a flight crewmember more than--
    (1) 120 hours during any 30 consecutive days;
    (2) 300 hours during any 90 consecutive days; or
    (3) 1,000 hours during any 12-calendar-month period.

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.485  Flight time limitations: Three or more pilots and 
an additional flight crewmember.

    (a) Each certificate holder conducting flag operations shall 
schedule its flight hours to provide adequate rest periods on the ground 
for each pilot who is away from his base and who is a pilot on an 
airplane that has a crew of three or more pilots and an additional 
flight crewmember. It shall also provide adequate sleeping quarters on 
the airplane whenever a pilot is scheduled to fly more than 12 hours 
during any 24 consecutive hours.
    (b) The certificate holder conducting flag operations shall give 
each pilot, upon return to his base from any flight or series of 
flights, a rest period that is at least twice the total number of hours 
he flew since the last rest period at his base. During the rest period 
required by this paragraph, the air carrier may not require him to 
perform any duty for it. If the required rest period is more than seven 
days, that part of the rest period in excess of seven days may be given 
at any time before the pilot is again scheduled for flight duty on any 
route.
    (c) No pilot may fly as a flight crewmember more than--
    (1) 350 hours during any 90 consecutive days; or
    (2) 1,000 hours during any 12-calendar-month period.

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]



Sec. 121.487  Flight time limitations: Pilots not regularly assigned.

    (a) Except as provided in paragraphs (b) through (e) of this 
section, a pilot who is not regularly assigned as a flight crewmember 
for an entire calendar month under Sec. 121.483 or 121.485 may not fly 
more than 100 hours in any 30 consecutive days.
    (b) The monthly flight time limitations for a pilot who is scheduled 
for duty aloft for more than 20 hours in two-pilot crews in any calendar 
month, or whose assignment in such a crew is interrupted more than once 
in that calendar month by assignment to a crew consisting of two or more 
pilots and an additional flight crewmember, are those set forth in Sec. 
121.481.
    (c) Except for a pilot covered by paragraph (b) of this section, the 
monthly and quarterly flight time limitations for a pilot who is 
scheduled for duty aloft for more than 20 hours in two-pilot and 
additional flight crewmember crews in any calendar month, or whose 
assignment in such a crew is interrupted more than once in that calendar

[[Page 175]]

month by assignment to a crew consisting of three pilots and additional 
flight crewmember, are those set forth in Sec. 121.483.
    (d) The quarterly flight time limitations for a pilot to whom 
paragraphs (b) and (c) of this section do not apply and who is scheduled 
for duty aloft for a total of not more than 20 hours within any calendar 
month in two-pilot crews (with or without additional flight crewmembers) 
are those set forth in Sec. 121.485.
    (e) The monthly and quarterly flight time limitations for a pilot 
assigned to each of two-pilot, two-pilot and additional flight 
crewmember, and three-pilot and additional flight crewmember crews in a 
given calendar month, and who is not subject to paragraph (b), (c), or 
(d) of this section, are those set forth in Sec. 121.483.

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; Amdt. 121-3, 30 FR 3639, 
Mar. 19, 1965, as amended by Amdt. 121-137, 42 FR 43973, Sept. 1, 1977]



Sec. 121.489  Flight time limitations: Other commercial flying.

    No pilot that is employed as a pilot by a certificate holder 
conducting flag operations may do any other commercial flying if that 
commercial flying plus his flying in air transportation will exceed any 
flight time limitation in this part.

[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]



Sec. 121.491  Flight time limitations: Deadhead transportation.

    Time spent in deadhead transportation to or from duty assignment is 
not considered to be a part of a rest period.



Sec. 121.493  Flight time limitations: Flight engineers and 
flight navigators.

    (a) In any operation in which one flight engineer or flight 
navigator is required, the flight time limitations in Sec. 121.483 
apply to that flight engineer or flight navigator.
    (b) In any operation in which more than one flight engineer or 
flight navigator is required, the flight time limitations in Sec. 
121.485 apply to those flight engineers or flight navigators.



       Subpart S_Flight Time Limitations: Supplemental Operations

    Source: Docket No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, 
Mar. 19, 1965, unless otherwise noted.



Sec. 121.500  Applicability.

    This subpart prescribes flight time limitations and rest 
requirements for supplemental operations, except that certificate 
holders conducting operations with airplanes having a passenger seat 
configuration of 30 seats or fewer, excluding each crewmember seat, and 
a payload capacity of 7,500 pounds or less, may comply with the 
applicable requirements of Sec. Sec. 135.261 through 135.273 of this 
chapter.

[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]



Sec. 121.503  Flight time limitations: Pilots: airplanes.

    (a) A certificate holder conducting supplemental operations may 
schedule a pilot to fly in an airplane for eight hours or less during 
any 24 consecutive hours without a rest period during those eight hours.
    (b) Each pilot who has flown more than eight hours during any 24 
consecutive hours must be given at least 16 hours of rest before being 
assigned to any duty with the certificate holder.
    (c) Each certificate holder conducting supplemental operations shall 
relieve each pilot from all duty for at least 24 consecutive hours at 
least once during any seven consecutive days.
    (d) No pilot may fly as a crewmember in air transportation more than 
100 hours during any 30 consecutive days.
    (e) No pilot may fly as a crewmember in air transportation more than 
1,000 hours during any calendar year.
    (f) Notwithstanding paragraph (a) of this section, the certificate 
holder may, in conducting a transcontinental nonstop flight, schedule a 
flight crewmember for more than eight but not more than 10 hours of 
continuous duty aloft without an intervening rest period, if--
    (1) The flight is in an airplane with a pressurization system that 
is operative at the beginning of the flight;
    (2) The flight crew consists of at least two pilots and a flight 
engineer; and

[[Page 176]]

    (3) The certificate holder uses, in conducting the operation, an 
air/ground communication service that is independent of systems operated 
by the United States, and a dispatch organization, both of which are 
approved by the Administrator as adequate to serve the terminal points 
concerned.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.505  Flight time limitations: Two pilot crews: airplanes.

    (a) If a certificate holder conducting supplemental operations 
schedules a pilot to fly more than eight hours during any 24 consecutive 
hours, it shall give him an intervening rest period at or before the end 
of eight scheduled hours of flight duty. This rest period must be at 
least twice the number of hours flown since the preceding rest period, 
but not less than eight hours. The certificate holder conducting 
supplemental operations shall relieve that pilot of all duty with it 
during that rest period.
    (b) No pilot of an airplane that has a crew of two pilots may be on 
duty for more than 16 hours during any 24 consecutive hours.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.507  Flight time limitations: Three pilot crews: airplanes.

    (a) No certificate holder conducting supplemental operations may 
schedule a pilot--
    (1) For flight deck duty in an airplane that has a crew of three 
pilots for more than eight hours in any 24 consecutive hours; or
    (2) To be aloft in an airplane that has a crew of three pilot for 
more than 12 hours in any 24 consecutive hours.
    (b) No pilot of an airplane that has a crew of three pilots may be 
on duty for more than 18 hours in any 24 consecutive hours.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.509  Flight time limitations: Four pilot crews: airplanes.

    (a) No certificate holder conducting supplemental operations may 
schedule a pilot--
    (1) For flight deck duty in an airplane that has a crew of four 
pilots for more than eight hours in any 24 consecutive hours; or
    (2) To be aloft in an airplane that has a crew of four pilots for 
more than 16 hours in any 24 consecutive hours.
    (b) No pilot of an airplane that has a crew of four pilots may be on 
duty for more than 20 hours in any 24 consecutive hours.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.511  Flight time limitations: Flight engineers: airplanes.

    (a) In any operation in which one flight engineer is serving the 
flight time limitations in Sec. Sec. 121.503 and 121.505 apply to that 
flight engineer.
    (b) In any operation in which more than one flight engineer is 
serving and the flight crew contains more than two pilots the flight 
time limitations in Sec. 121.509 apply in place of those in Sec. 
121.505.



Sec. 121.513  Flight time limitations: Overseas and international 
operations: airplanes.

    In place of the flight time limitations in Sec. Sec. 121.503 
through 121.511, a certificate holder conducting supplemental operations 
may elect to comply with the flight time limitations of Sec. Sec. 
121.515 and 121.521 through 121.525 for operations conducted--
    (a) Between a place in the 48 contiguous States and the District of 
Columbia, or Alaska, and any place outside thereof;
    (b) Between any two places outside the 48 contiguous States, the 
District of Columbia, and Alaska; or
    (c) Between two places within the State of Alaska or the State of 
Hawaii.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]

[[Page 177]]



Sec. 121.515  Flight time limitations: All airmen: airplanes.

    No airman may be aloft as a flight crewmember more than 1,000 hours 
in any 12-calendar-month period.



Sec. 121.517  Flight time limitations: Other commercial flying:
airplanes.

    No airman who is employed by a certificate holder conducting 
supplemental operations may do any other commercial flying, if that 
commercial flying plus his flying in operations under this part will 
exceed any flight time limitation in this part.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.519  Flight time limitations: Deadhead transportation:
airplanes.

    Time spent by an airman in deadhead transportation to or from a duty 
assignment is not considered to be part of any rest period.



Sec. 121.521  Flight time limitations: Crew of two pilots and one 
additional airman as required.

    (a) No certificate holder conducting supplemental operations may 
schedule an airman to be aloft as a member of the flight crew in an 
airplane that has a crew of two pilots and at least one additional 
flight crewmember for more than 12 hours during any 24 consecutive 
hours.
    (b) If an airman has been aloft as a member of a flight crew for 20 
or more hours during any 48 consecutive hours or 24 or more hours during 
any 72 consecutive hours, he must be given at least 18 hours of rest 
before being assigned to any duty with the certificate holder. In any 
case, he must be relieved of all duty for at least 24 consecutive hours 
during any seven consecutive days.
    (c) No airman may be aloft as a flight crewmember more than--
    (1) 120 hours during any 30 consecutive days; or
    (2) 300 hours during any 90 consecutive days.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964, as amended by Amdt. 121-17, 
31 FR 1147, Jan. 28, 1966; Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.523  Flight time limitations: Crew of three or more pilots
and additional airmen as required.

    (a) No certificate holder conducting supplemental operations may 
schedule an airman for flight deck duty as a flight engineer, or 
navigator in a crew of three or more pilots and additional airmen for a 
total of more than 12 hours during any 24 consecutive hours.
    (b) Each certificate holder conducting supplemental operations shall 
schedule its flight hours to provide adequate rest periods on the ground 
for each airman who is away from his principal operations base. It shall 
also provide adequate sleeping quarters on the airplane whenever an 
airman is scheduled to be aloft as a flight crewmember for more than 12 
hours during any 24 consecutive hours.
    (c) No certificate holder conducting supplemental operations may 
schedule any flight crewmember to be on continuous duty for more than 30 
hours. Such a crewmember is considered to be on continuous duty from the 
time he reports for duty until the time he is released from duty for a 
rest period of at least 10 hours on the ground. If a flight crewmember 
is on continuous duty for more than 24 hours (whether scheduled or not) 
duty any scheduled duty period, he must be given at least 16 hours for 
rest on the ground after completing the last flight scheduled for that 
scheduled duty period before being assigned any further flight duty.
    (d) If a flight crewmember is required to engage in deadhead 
transportation for more than four hours before beginning flight duty, 
one half of the time spent in deadhead transportation must be treated as 
duty time for the purpose of complying with duty time limitations, 
unless he is given at least 10 hours of rest on the ground before being 
assigned to flight duty.
    (e) Each certificate holder conducting supplemental operations shall 
give each airman, upon return to his operations base from any flight or 
series of flights, a rest period that is at least twice the total number 
of hours he was aloft as a flight crewmember since the last rest period 
at his base, before assigning him to any further duty. If the required 
rest period is more than seven days, that part of the

[[Page 178]]

rest period that is more than seven days may be given at any time before 
the pilot is again scheduled for flight duty.
    (f) No airman may be aloft as a flight crewmember for more than 350 
hours in any 90 consecutive days.

[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 FR 3639, Mar. 19, 1965, 
as amended by Amdt. 121-253, 61 FR 2613, Jan. 26, 1996]



Sec. 121.525  Flight time limitations: Pilots serving in more than 
one kind of flight crew.

    (a) This section applies to each pilot assigned during any 30 
consecutive days to more than one type of flight crew.
    (b) The flight time limitations for a pilot who is scheduled for 
duty aloft for more than 20 hours in two-pilot crews in 30 consecutive 
days, or whose assignment in such a crew is interrupted more than once 
in any 30 consecutive days by assignment to a crew of two or more pilots 
and an additional flight crewmember, are those listed in Sec. Sec. 
121.503 through 121.509, as appropriate.
    (c) Except for a pilot covered by paragraph (b) of this section, the 
flight time limitations for a pilot scheduled for duty aloft for more 
than 20 hours in two-pilot and additional flight crewmember crews in 30 
consecutive days or whose assignment in such a crew is interrupted more 
than once in any 30 consecutive days by assignment to a crew consisting 
of three pilots and an additional flight crewmember, are those set forth 
in Sec. 121.521.
    (d) The flight time limitations for a pilot to whom paragraphs (b) 
and (c) of this section do not apply, and who is scheduled for duty 
aloft for a total of not more than 20 hours within 30 consecutive days 
in two-pilot crews (with or without additional flight crewmembers) are 
those set forth in Sec. 121.523.
    (e) The flight time limitations for a pilot assigned to each of two-
pilot, two-pilot and additional flight crewmember, and three-pilot and 
additional flight crewmember crews in 30 consecutive days, and who is 
not subject to paragraph (b), (c), or (d) of this section, are those 
listed in Sec. 121.523.



                       Subpart T_Flight Operations

    Source: Docket No. 6258, 29 FR 19219, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.531  Applicability.

    This subpart prescribes requirements for flight operations 
applicable to all certificate holders, except where otherwise specified.



Sec. 121.533  Responsibility for operational control: Domestic operations.

    (a) Each certificate holder conducting domestic operations is 
responsible for operational control.
    (b) The pilot in command and the aircraft dispatcher are jointly 
responsible for the preflight planning, delay, and dispatch release of a 
flight in compliance with this chapter and operations specifications.
    (c) The aircraft dispatcher is responsible for--
    (1) Monitoring the progress of each flight;
    (2) Issuing necessary information for the safety of the flight; and
    (3) Cancelling or redispatching a flight if, in his opinion or the 
opinion of the pilot in command, the flight cannot operate or continue 
to operate safely as planned or released.
    (d) Each pilot in command of an aircraft is, during flight time, in 
command of the aircraft and crew and is responsible for the safety of 
the passengers, crewmembers, cargo, and airplane.
    (e) Each pilot in command has full control and authority in the 
operation of the aircraft, without limitation, over other crewmembers 
and their duties during flight time, whether or not he holds valid 
certificates authorizing him to perform the duties of those crewmembers.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2613, Jan. 26, 1996]



Sec. 121.535  Responsibility for operational control: Flag operations.

    (a) Each certificate holder conducting flag operations is 
responsible for operational control.
    (b) The pilot in command and the aircraft dispatcher are jointly 
responsible

[[Page 179]]

for the preflight planning, delay, and dispatch release of a flight in 
compliance with this chapter and operations specifications.
    (c) The aircraft dispatcher is responsible for--
    (1) Monitoring the progress of each flight;
    (2) Issuing necessary instructions and information for the safety of 
the flight; and
    (3) Cancelling or redispatching a flight if, in his opinion or the 
opinion of the pilot in command, the flight cannot operate or continue 
to operate safely as planned or released.
    (d) Each pilot in command of an aircraft is, during flight time, in 
command of the aircraft and crew and is responsible for the safety of 
the passengers, crewmembers, cargo, and airplane.
    (e) Each pilot in command has full control and authority in the 
operation of the aircraft, without limitation, over other crewmembers 
and their duties during flight time, whether or not he holds valid 
certificates authorizing him to perform the duties of those crewmembers.
    (f) No pilot may operate an aircraft in a careless or reckless 
manner so as to endanger life or property.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2613, Jan. 26, 1996]



Sec. 121.537  Responsibility for operational control: 
Supplemental operations.

    (a) Each certificate holder conducting supplemental operations--
    (1) Is responsible for operational control; and
    (2) Shall list each person authorized by it to exercise operational 
control in its operator's manual.
    (b) The pilot in command and the director of operations are jointly 
responsible for the initiation, continuation, diversion, and termination 
of a flight in compliance with this chapter and the operations 
specifications. The director of operations may delegate the functions 
for the initiation, continuation, diversion, and termination of a flight 
but he may not delegate the responsibility for those functions.
    (c) The director of operations is responsible for cancelling, 
diverting, or delaying a flight if in his opinion or the opinion of the 
pilot in command the flight cannot operate or continue to operate safely 
as planned or released. The director of operations is responsible for 
assuring that each flight is monitored with respect to at least the 
following:
    (1) Departure of the flight from the place of origin and arrival at 
the place of destination, including intermediate stops and any 
diversions therefrom.
    (2) Maintenance and mechanical delays encountered at places of 
origin and destination and intermediate stops.
    (3) Any known conditions that may adversely affect the safety of 
flight.
    (d) Each pilot in command of an aircraft is, during flight time, in 
command of the aircraft and crew and is responsible for the safety of 
the passengers, crewmembers, cargo, and aircraft. The pilot in command 
has full control and authority in the operation of the aircraft, without 
limitation, over other crewmembers and their duties during flight time, 
whether or not he holds valid certificates authorizing him to perform 
the duties of those crewmembers.
    (e) Each pilot in command of an aircraft is responsible for the 
preflight planning and the operation of the flight in compliance with 
this chapter and the operations specifications.
    (f) No pilot may operate an aircraft, in a careless or reckless 
manner, so as to endanger life or property.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2613, Jan. 26, 1996]



Sec. 121.538  Aircraft security.

    Certificate holders conducting operations under this part must 
comply with the applicable security requirements in 49 CFR chapter XII.

[67 FR 8350, Feb. 22, 2002]



Sec. 121.539  Operations notices.

    Each certificate holder shall notify its appropriate operations 
personnel of each change in equipment and operating procedures, 
including each known change in the use of navigation

[[Page 180]]

aids, airports, air traffic control procedures and regulations, local 
airport traffic control rules, and known hazards to flight, including 
icing and other potentially hazardous meteorological conditions and 
irregularities in ground and navigation facilities.



Sec. 121.541  Operations schedules: Domestic and flag operations.

    In establishing flight operations schedules, each certificate holder 
conducting domestic or flag operations shall allow enough time for the 
proper servicing of aircraft at intermediate stops, and shall consider 
the prevailing winds en route and the cruising speed of the type of 
aircraft used. This cruising speed may not be more than that resulting 
from the specified cruising output of the engines.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.542  Flight crewmember duties.

    (a) No certificate holder shall require, nor may any flight 
crewmember perform, any duties during a critical phase of flight except 
those duties required for the safe operation of the aircraft. Duties 
such as company required calls made for such nonsafety related purposes 
as ordering galley supplies and confirming passenger connections, 
announcements made to passengers promoting the air carrier or pointing 
out sights of interest, and filling out company payroll and related 
records are not required for the safe operation of the aircraft.
    (b) No flight crewmember may engage in, nor may any pilot in command 
permit, any activity during a critical phase of flight which could 
distract any flight crewmember from the performance of his or her duties 
or which could interfere in any way with the proper conduct of those 
duties. Activities such as eating meals, engaging in nonessential 
conversations within the cockpit and nonessential communications between 
the cabin and cockpit crews, and reading publications not related to the 
proper conduct of the flight are not required for the safe operation of 
the aircraft.
    (c) For the purposes of this section, critical phases of flight 
includes all ground operations involving taxi, takeoff and landing, and 
all other flight operations conducted below 10,000 feet, except cruise 
flight.
    Note: Taxi is defined as ``movement of an airplane under its own 
power on the surface of an airport.''

[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981]



Sec. 121.543  Flight crewmembers at controls.

    (a) Except as provided in paragraph (b) of this section, each 
required flight crewmember on flight deck duty must remain at the 
assigned duty station with seat belt fastened while the aircraft is 
taking off or landing, and while it is en route.
    (b) A required flight crewmember may leave the assigned duty 
station--
    (1) If the crewmember's absence is necessary for the performance of 
duties in connection with the operation of the aircraft;
    (2) If the crewmember's absence is in connection with physiological 
needs; or
    (3) If the crewmember is taking a rest period, and relief is 
provided--
    (i) In the case of the assigned pilot in command during the en route 
cruise portion of the flight, by a pilot who holds an airline transport 
pilot certificate and an appropriate type rating, is currently qualified 
as pilot in command or second in command, and is qualified as pilot in 
command of that aircraft during the en route cruise portion of the 
flight. A second in command qualified to act as a pilot in command en 
route need not have completed the following pilot in command 
requirements: The 6-month recurrent flight training required by Sec. 
121.433(c)(1)(iii); the operating experience required by Sec. 121.434; 
the takeoffs and landings required by Sec. 121.439; the line check 
required by Sec. 121.440; and the 6-month proficiency check or 
simulator training required by Sec. 121.441(a)(1); and
    (ii) In the case of the assigned second in command, by a pilot 
qualified to act as second in command of that aircraft during en route 
operations. However, the relief pilot need not meet the recent 
experience requirements of Sec. 121.439(b).

[Doc. No. 16383, 43 FR 22648, May 25, 1978, as amended by Amdt. 121-179, 
47 FR 33390, Aug. 2, 1982]

[[Page 181]]



Sec. 121.545  Manipulation of controls.

    No pilot in command may allow any person to manipulate the controls 
of an aircraft during flight nor may any person manipulate the controls 
during flight unless that person is--
    (a) A qualified pilot of the certificate holder operating that 
aircraft.
    (b) An authorized pilot safety representative of the Administrator 
or of the National Transportation Safety Board who has the permission of 
the pilot in command, is qualified in the aircraft, and is checking 
flight operations; or
    (c) A pilot of another certificate holder who has the permission of 
the pilot in command, is qualified in the aircraft, and is authorized by 
the certificate holder operating the aircraft.

[Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 121-144, 43 FR 22648, May 25, 1978]



Sec. 121.547  Admission to flight deck.

    (a) No person may admit any person to the flight deck of an aircraft 
unless the person being admitted is--
    (1) A crewmember;
    (2) An FAA air carrier inspector, a DOD commercial air carrier 
evaluator, or an authorized representative of the National 
Transportation Safety Board, who is performing official duties;
    (3) Any person who--
    (i) Has permission of the pilot in command, an appropriate 
management official of the part 119 certificate holder, and the 
Administrator; and
    (ii) Is an employee of--
    (A) The United States, or
    (B) A part 119 certificate holder and whose duties are such that 
admission to the flightdeck is necessary or advantageous for safe 
operation; or
    (C) An aeronautical enterprise certificated by the Administrator and 
whose duties are such that admission to the flightdeck is necessary or 
advantageous for safe operation.
    (4) Any person who has the permission of the pilot in command, an 
appropriate management official of the part 119 certificate holder and 
the Administrator. Paragraph (a)(2) of this section does not limit the 
emergency authority of the pilot in command to exclude any person from 
the flightdeck in the interests of safety.
    (b) For the purposes of paragraph (a)(3) of this section, employees 
of the United States who deal responsibly with matters relating to 
safety and employees of the certificate holder whose efficiency would be 
increased by familiarity with flight conditions, may be admitted by the 
certificate holder. However, the certificate holder may not admit 
employees of traffic, sales, or other departments that are not directly 
related to flight operations, unless they are eligible under paragraph 
(a)(4) of this section.
    (c) No person may admit any person to the flight deck unless there 
is a seat available for his use in the passenger compartment, except--
    (1) An FAA air carrier inspector, a DOD commercial air carrier 
evaluator, or authorized representative of the Administrator or National 
Transportation Safety Board who is checking or observing flight 
operations;
    (2) An air traffic controller who is authorized by the Administrator 
to observe ATC procedures;
    (3) A certificated airman employed by the certificate holder whose 
duties require an airman certificate;
    (4) A certificated airman employed by another part 119 certificate 
holder whose duties with that part 119 certificate holder require an 
airman certificate and who is authorized by the part 119 certificate 
holder operating the aircraft to make specific trips over a route;
    (5) An employee of the part 119 certificate holder operating the 
aircraft whose duty is directly related to the conduct or planning of 
flight operations or the in-flight monitoring of aircraft equipment or 
operating procedures, if his presence on the flightdeck is necessary to 
perform his duties and he has been authorized in writing by a 
responsible supervisor, listed in the Operations Manual as having that 
authority; and
    (6) A technical representative of the manufacturer of the aircraft 
or its components whose duties are directly related to the in-flight 
monitoring of aircraft equipment or operating procedures, if his 
presence on the flightdeck is necessary to perform his duties and he has 
been authorized in writing by the Administrator and by a responsible

[[Page 182]]

supervisor of the operations department of the part 119 certificate 
holder, listed in the Operations Manual as having that authority.

[Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as amended by Doc. No. 8084, 
32 FR 5769, Apr. 11, 1967; Amdt. 121-253, 61 FR 2613, Jan. 26, 1996; 
Amdt. 121-288, 67 FR 2127, Jan. 15, 2002; Amdt. 121-298, 68 FR 41217, 
July 10, 2003]



Sec. 121.548  Aviation safety inspector's credentials: Admission to
pilot's compartment.

    Whenever, in performing the duties of conducting an inspection, an 
inspector of the Federal Aviation Administration presents form FAA 110A, 
``Aviation Safety Inspector's Credential,'' to the pilot in command of 
an aircraft operated by a certificate holder, the inspector must be 
given free and uninterrupted access to the pilot's compartment of that 
aircraft.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.548a  DOD Commercial Air Carrier Evaluator's Credential.

    Whenever, in performing the duties of conducting an evaluation, a 
DOD commercial air carrier evaluator presents S&A Form 110B, ``DOD 
Commercial Air Carrier Evaluator's Credential,'' to the pilot in command 
of an airplane operated by the certificate holder, the evaluator must be 
given free and uninterrupted access to the pilot's compartment of that 
airplane.

[Doc. No. FAA-2003-15571, 68 FR 41217, July 10, 2003]



Sec. 121.549  Flying equipment.

    (a) The pilot in command shall ensure that appropriate aeronautical 
charts containing adequate information concerning navigation aids and 
instrument approach procedures are aboard the aircraft for each flight.
    (b) Each crewmember shall, on each flight, have readily available 
for his use a flashlight that is in good working order.



Sec. 121.550  Secret Service Agents: Admission to flight deck.

    Whenever an Agent of the Secret Service who is assigned the duty of 
protecting a person aboard an aircraft operated by a certificate holder 
considers it necessary in the performance of his duty to ride on the 
flight deck of the aircraft, he must, upon request and presentation of 
his Secret Service credentials to the pilot in command of the aircraft, 
be admitted to the flight deck and permitted to occupy an observer seat 
thereon.

[Doc. No. 9031, 35 FR 12061, July 28, 1970, as amended by Amdt. 121-253, 
61 FR 2613, Jan. 26, 1996]



Sec. 121.551  Restriction or suspension of operation: Domestic and
flag operations.

    When a certificate holder conducting domestic or flag operations 
knows of conditions, including airport and runway conditions, that are a 
hazard to safe operations, it shall restrict or suspend operations until 
those conditions are corrected.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.553  Restriction or suspension of operation: Supplemental
operations.

    When a certificate holder conducting supplemental operations or 
pilot in command knows of conditions, including airport and runway 
conditions, that are a hazard to safe operations, the certificate holder 
or pilot in command, as the case may be, shall restrict or suspend 
operations until those conditions are corrected.

[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]



Sec. 121.555  Compliance with approved routes and limitations:
Domestic and flag operations.

    No pilot may operate an airplane in scheduled air transportation--
    (a) Over any route or route segment unless it is specified in the 
certificate holder's operations specifications; or
    (b) Other than in accordance with the limitations in the operations 
specifications.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.557  Emergencies: Domestic and flag operations.

    (a) In an emergency situation that requires immediate decision and 
action

[[Page 183]]

the pilot in command may take any action that he considers necessary 
under the circumstances. In such a case he may deviate from prescribed 
operations procedures and methods, weather minimums, and this chapter, 
to the extent required in the interests of safety.
    (b) In an emergency situation arising during flight that requires 
immediate decision and action by an aircraft dispatcher, and that is 
known to him, the aircraft dispatcher shall advise the pilot in command 
of the emergency, shall ascertain the decision of the pilot in command, 
and shall have the decision recorded. If the aircraft dispatcher cannot 
communicate with the pilot, he shall declare an emergency and take any 
action that he considers necessary under the circumstances.
    (c) Whenever a pilot in command or dispatcher exercises emergency 
authority, he shall keep the appropriate ATC facility and dispatch 
centers fully informed of the progress of the flight. The person 
declaring the emergency shall send a written report of any deviation 
through the certificate holder's operations manager, to the 
Administrator. A dispatcher shall send his report within 10 days after 
the date of the emergency, and a pilot in command shall send his report 
within 10 days after returning to his home base.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.559  Emergencies: Supplemental operations.

    (a) In an emergency situation that requires immediate decision and 
action, the pilot in command may take any action that he considers 
necessary under the circumstances. In such a case, he may deviate from 
prescribed operations, procedures and methods, weather minimums, and 
this chapter, to the extent required in the interests of safety.
    (b) In an emergency situation arising during flight that requires 
immediate decision and action by appropriate management personnel in the 
case of operations conducted with a flight following service and which 
is known to them, those personnel shall advise the pilot in command of 
the emergency, shall ascertain the decision of the pilot in command, and 
shall have the decision recorded. If they cannot communicate with the 
pilot, they shall declare an emergency and take any action that they 
consider necessary under the circumstances.
    (c) Whenever emergency authority is exercised, the pilot in command 
or the appropriate management personnel shall keep the appropriate 
communication facility fully informed of the progress of the flight. The 
person declaring the emergency shall send a written report of any 
deviation, through the certificate holder's director of operations, to 
the Administrator within 10 days after the flight is completed or, in 
the case of operations outside the United States, upon return to the 
home base.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996; Amdt. 121-333, 72 FR 31682, June 7, 2007]



Sec. 121.561  Reporting potentially hazardous meteorological 
conditions and irregularities of ground facilities or navigation aids.

    (a) Whenever he encounters a meteorological condition or an 
irregularity in aground facility or navigation aid, in flight, the 
knowledge of which he considers essential to the safety of other 
flights, the pilot in command shall notify an appropriate ground station 
as soon as practicable.
    (b) The ground radio station that is notified under paragraph (a) of 
this section shall report the information to the agency directly 
responsible for operating the facility.

[Docket No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-
333, 72 FR 31682, June 7, 2007]



Sec. 121.563  Reporting mechanical irregularities.

    The pilot in command shall ensure that all mechanical irregularities 
occurring during flight time are entered in the maintenance log of the 
airplane at the end of that flight time. Before each flight the pilot in 
command shall

[[Page 184]]

ascertain the status of each irregularity entered in the log at the end 
of the preceding flight.

[Doc. No. 17897, 45 FR 41594, June 19, 1980, as amended by Amdt. 121-
179, 47 FR 33390, Aug. 2, 1982]



Sec. 121.565  Engine inoperative: Landing; reporting.

    (a) Except as provided in paragraph (b) of this section, whenever an 
airplane engine fails or whenever an engine is shutdown to prevent 
possible damage, the pilot in command must land the airplane at the 
nearest suitable airport, in point of time, at which a safe landing can 
be made.
    (b) If not more than one engine of an airplane that has three or 
more engines fails or is shut down to prevent possible damage, the 
pilot-in-command may proceed to an airport that the pilot selects if, 
after considering the following, the pilot makes a reasonable decision 
that proceeding to that airport is as safe as landing at the nearest 
suitable airport:
    (1) The nature of the malfunction and the possible mechanical 
difficulties that may occur if flight is continued.
    (2) The altitude, weight, and useable fuel at the time that the 
engine is shutdown.
    (3) The weather conditions en route and at possible landing points.
    (4) The air traffic congestion.
    (5) The kind of terrain.
    (6) His familiarity with the airport to be used.
    (c) The pilot-in-command must report each engine shutdown in flight 
to the appropriate communication facility as soon as practicable and 
must keep that facility fully informed of the progress of the flight.
    (d) If the pilot in command lands at an airport other than the 
nearest suitable airport, in point of time, he or she shall (upon 
completing the trip) send a written report, in duplicate, to his or her 
director of operations stating the reasons for determining that the 
selection of an airport, other than the nearest airport, was as safe a 
course of action as landing at the nearest suitable airport. The 
director of operations shall, within 10 days after the pilot returns to 
his or her home base, send a copy of this report with the director of 
operation's comments to the certificate-holding district office.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-207, 
54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996; 
Amdt. 121-329, 72 FR 1881, Jan. 16, 2007; Amdt. 121-333, 72 FR 31682, 
June 7, 2007]



Sec. 121.567  Instrument approach procedures and IFR landing minimums.

    No person may make an instrument approach at an airport except in 
accordance with IFR weather minimums and instrument approach procedures 
set forth in the certificate holder's operations specifications.



Sec. 121.569  Equipment interchange: Domestic and flag operations.

    (a) Before operating under an interchange agreement, each 
certificate holder conducting domestic or flag operations shall show 
that--
    (1) The procedures for the interchange operation conform with this 
chapter and with safe operating practices;
    (2) Required crewmembers and dispatchers meet approved training 
requirements for the airplanes and equipment to be used and are familiar 
with the communications and dispatch procedures to be used;
    (3) Maintenance personnel meet training requirements for the 
airplanes and equipment, and are familiar with the maintenance 
procedures to be used;
    (4) Flight crewmembers and dispatchers meet appropriate route and 
airport qualifications; and
    (5) The airplanes to be operated are essentially similar to the 
airplanes of the certificate holder with whom the interchange is 
effected with respect to the arrangement of flight instruments and the 
arrangement and motion of controls that are critical to safety unless 
the Administrator determines that the certificate holder has adequate 
training programs to insure that any potentially hazardous 
dissimilarities are safely overcome by flight crew familiarization.
    (b) Each certificate holder conducting domestic or flag operations 
shall include the pertinent provisions

[[Page 185]]

and procedures involved in the equipment interchange agreement in its 
manuals.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.570  Airplane evacuation capability.

    (a) No person may cause an airplane carrying passengers to be moved 
on the surface, take off, or land unless each automatically deployable 
emergency evacuation assisting means, installed pursuant to Sec. 
121.310(a), is ready for evacuation.
    (b) Each certificate holder shall ensure that, at all times 
passengers are on board prior to airplane movement on the surface, at 
least one floor-level exit provides for the egress of passengers through 
normal or emergency means.

[Doc No. 26142, 57 FR 42674, Sept. 15, 1992]



Sec. 121.571  Briefing passengers before takeoff.

    (a) Each certificate holder operating a passenger-carrying airplane 
shall insure that all passengers are orally briefed by the appropriate 
crewmember as follows:
    (1) Before each takeoff, on each of the following:
    (i) Smoking. Each passenger shall be briefed on when, where, and 
under what conditions smoking is prohibited including, but not limited 
to, any applicable requirements of part 252 of this title). This 
briefing shall include a statement that the Federal Aviation Regulations 
require passenger compliance with the lighted passenger information 
signs, posted placards, areas designated for safety purposes as no 
smoking areas, and crewmember instructions with regard to these items. 
The briefing shall also include a statement that Federal law prohibits 
tampering with, disabling, or destroying any smoke detector in an 
airplane lavatory; smoking in lavatories; and, when applicable, smoking 
in passenger compartments.
    (ii) The location of emergency exits.
    (iii) The use of safety belts, including instructions on how to 
fasten and unfasten the safety belts. Each passenger shall be briefed on 
when, where, and under what conditions the safety belt must be fastened 
about that passenger. This briefing shall include a statement that the 
Federal Aviation Regulations require passenger compliance with lighted 
passenger information signs and crewmember instructions concerning the 
use of safety belts.
    (iv) The location and use of any required emergency flotation means.
    (v) On operations that do not use a flight attendant, the following 
additional information:
    (A) The placement of seat backs in an upright position before 
takeoff and landing.
    (B) Location of survival equipment.
    (C) If the flight involves operations above 12,000 MSL, the normal 
and emergency use of oxygen.
    (D) Location and operation of fire extinguisher.
    (2) After each takeoff, immediately before or immediately after 
turning the seat belt sign off, an announcement shall be made that 
passengers should keep their seat belts fastened, while seated, even 
when the seat belt sign is off.
    (3) Except as provided in paragraph (a)(4) of this section, before 
each takeoff a required crewmember assigned to the flight shall conduct 
an individual briefing of each person who may need the assistance of 
another person to move expeditiously to an exit in the event of an 
emergency. In the briefing the required crewmember shall--
    (i) Brief the person and his attendant, if any, on the routes to 
each appropriate exit and on the most appropriate time to begin moving 
to an exit in the event of an emergency; and
    (ii) Inquire of the person and his attendant, if any, as to the most 
appropriate manner of assisting the person so as to prevent pain and 
further injury.
    (4) The requirements of paragraph (a)(3) of this section do not 
apply to a person who has been given a briefing before a previous leg of 
a flight in the same aircraft when the crewmembers on duty have been 
advised as to the most appropriate manner of assisting the person so as 
to prevent pain and further injury.

[[Page 186]]

    (b) Each certificate holder must carry on each passenger-carrying 
airplane, in convenient locations for use of each passenger, printed 
cards supplementing the oral briefing. Each card must contain 
information pertinent only to the type and model of airplane used for 
that flight, including--
    (1) Diagrams of, and methods of operating, the emergency exits;
    (2) Other instructions necessary for use of emergency equipment; and
    (3) No later than June 12, 2005, for Domestic and Flag scheduled 
passenger-carrying flights, the sentence, ``Final assembly of this 
airplane was completed in [INSERT NAME OF COUNTRY].''
    (c) The certificate holder shall describe in its manual the 
procedure to be followed in the briefing required by paragraph (a) of 
this section.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965]

    Editorial Note: For Federal Register citations affecting Sec. 
121.571, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 121.573  Briefing passengers: Extended overwater operations.

    (a) In addition to the oral briefing required by Sec. 121.571(a), 
each certificate holder operating an airplane in extended overwater 
operations shall ensure that all passengers are orally briefed by the 
appropriate crewmember on the location and operation of life preservers, 
liferafts, and other flotation means, including a demonstration of the 
method of donning and inflating a life preserver.
    (b) The certificate holder shall describe in its manual the 
procedure to be followed in the briefing required by paragraph (a) of 
this section.
    (c) If the airplane proceeds directly over water after takeoff, the 
briefing required by paragraph (a) of this section must be done before 
takeoff.
    (d) If the airplane does not proceed directly over water after 
takeoff, no part of the briefing required by paragraph (a) of this 
section has to be given before takeoff, but the entire briefing must be 
given before reaching the overwater part of the flight.

[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-144, 
43 FR 22648, May 25, 1978; Amdt. 121-146, 43 FR 28403, June 29, 1978]



Sec. 121.574  Oxygen for medical use by passengers.

    (a) A certificate holder may allow a passenger to carry and operate 
equipment for the storage, generation, or dispensing of oxygen when the 
following conditions are met:
    (1) The equipment is--
    (i) Furnished by the certificate holder;
    (ii) Of an approved type or is in conformity with the manufacturing, 
packaging, marking, labeling, and maintenance requirements of 49 CFR 
parts 171, 172, and 173, except Sec. 173.24(a)(1);
    (iii) Maintained by the certificate holder in accordance with an 
approved maintenance program;
    (iv) Free of flammable contaminants on all exterior surfaces;
    (v) Capable of providing a minimum mass flow of oxygen to the user 
of four liters per minute;
    (vi) Constructed so that all valves, fittings, and gauges are 
protected from damage; and
    (vii) Appropriately secured.
    (2) When the oxygen is stored in the form of a liquid, the equipment 
has been under the certificate holder's approved maintenance program 
since its purchase new or since the storage container was last purged.
    (3) When the oxygen is stored in the form of a compressed gas as 
defined in 49 CFR 173.300(a)--
    (i) The equipment has been under the certificate holder's approved 
maintenance program since its purchase new or since the last hydrostatic 
test of the storage cylinder; and
    (ii) The pressure in any oxygen cylinder does not exceed the rated 
cylinder pressure.
    (4) Each person using the equipment has a medical need to use it 
evidenced by a written statement to be kept in that person's possession, 
signed by a licensed physician which specifies the maximum quantity of 
oxygen needed each hour and the maximum flow rate

[[Page 187]]

needed for the pressure altitude corresponding to the pressure in the 
cabin of the airplane under normal operating conditions. This paragraph 
does not apply to the carriage of oxygen in an airplane in which the 
only passengers carried are persons who may have a medical need for 
oxygen during flight, no more than one relative or other interested 
person for each of those persons, and medical attendants.
    (5) When a physician's statement is required by paragraph (a)(4) of 
this section, the total quantity of oxygen carried is equal to the 
maximum quantity of oxygen needed each hour, as specified in the 
physician's statement, multiplied by the number of hours used to compute 
the amount of airplane fuel required by this part.
    (6) The pilot in command is advised when the equipment is on board, 
and when it is intended to be used.
    (7) The equipment is stowed, and each person using the equipment is 
seated, so as not to restrict access to or use of any required 
emergency, or regular exit or of the aisle in the passenger compartment.
    (b) No person may, and no certificate holder may allow any person 
to, smoke within 10 feet of oxygen storage and dispensing equipment 
carried in accordance with paragraph (a) of this section.
    (c) No certificate holder may allow any person to connect or 
disconnect oxygen dispensing equipment, to or from a gaseous oxygen 
cylinder while any passenger is aboard the airplane.
    (d) The requirements of this section do not apply to the carriage of 
supplemental or first-aid oxygen and related equipment required by this 
chapter.

[Doc. No. 12169, 39 FR 42677, Dec. 6, 1974, as amended by Amdt. 121-159, 
45 FR 41594, June 19, 1980]



Sec. 121.575  Alcoholic beverages.

    (a) No person may drink any alcoholic beverage aboard an aircraft 
unless the certificate holder operating the aircraft has served that 
beverage to him.
    (b) No certificate holder may serve any alcoholic beverage to any 
person aboard any of its aircraft who--
    (1) Appears to be intoxicated;
    (2) Is escorting a person or being escorted in accordance with 49 
CFR 1544.221; or
    (3) Has a deadly or dangerous weapon accessible to him while aboard 
the aircraft in accordance with 49 CFR 1544.219, 1544.221, or 1544.223.
    (c) No certificate holder may allow any person to board any of its 
aircraft if that person appears to be intoxicated.
    (d) Each certificate holder shall, within five days after the 
incident, report to the Administrator the refusal of any person to 
comply with paragraph (a) of this section, or of any disturbance caused 
by a person who appears to be intoxicated aboard any of its aircraft.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-118, 
40 FR 17552, Apr. 21, 1975; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982; 
Amdt. 121-275, 67 FR 31932, May 10, 2002]



Sec. 121.576  Retention of items of mass in passenger and crew compartments.

    The certificate holder must provide and use means to prevent each 
item of galley equipment and each serving cart, when not in use, and 
each item of crew baggage, which is carried in a passenger or crew 
compartment from becoming a hazard by shifting under the appropriate 
load factors corresponding to the emergency landing conditions under 
which the airplane was type certificated.

[Doc. No. 16383, 43 FR 22648, May 25, 1978]



Sec. 121.577  Stowage of food, beverage, and passenger service 
equipment during airplane movement on the surface, takeoff,
and landing.

    (a) No certificate holder may move an airplane on the surface, take 
off, or land when any food, beverage, or tableware furnished by the 
certificate holder is located at any passenger seat.
    (b) No certificate holder may move an airplane on the surface, take 
off, or land unless each food and beverage tray and seat back tray table 
is secured in its stowed position.
    (c) No certificate holder may permit an airplane to move on the 
surface, take off, or land unless each passenger serving cart is secured 
in its stowed position.

[[Page 188]]

    (d) No certificate holder may permit an airplane to move on the 
surface, take off, or land unless each movie screen that extends into an 
aisle is stowed.
    (e) Each passenger shall comply with instructions given by a 
crewmember with regard to compliance with this section.

[Doc. No. 26142, 57 FR 42674, Sept. 15, 1992]



Sec. 121.578  Cabin ozone concentration.

    (a) For the purpose of this section, the following definitions 
apply:
    (1) Flight segment means scheduled nonstop flight time between two 
airports.
    (2) Sea level equivalent refers to conditions of 25 [deg]C and 760 
millimeters of mercury pressure.
    (b) Except as provided in paragraphs (d) and (e) of this section, no 
certificate holder may operate an airplane above the following flight 
levels unless it is successfully demonstrated to the Administrator that 
the concentration of ozone inside the cabin will not exceed--
    (1) For flight above flight level 320, 0.25 parts per million by 
volume, sea level equivalent, at any time above that flight level; and
    (2) For flight above flight level 270, 0.1 parts per million by 
volume, sea level equivalent, time-weighted average for each flight 
segment that exceeds 4 hours and includes flight above that flight 
level. (For this purpose, the amount of ozone below flight level 180 is 
considered to be zero.)
    (c) Compliance with this section must be shown by analysis or tests, 
based on either airplane operational procedures and performance 
limitations or the certificate holder's operations. The analysis or 
tests must show either of the following:
    (1) Atmospheric ozone statistics indicate, with a statistical 
confidence of at least 84%, that at the altitudes and locations at which 
the airplane will be operated cabin ozone concentrations will not exceed 
the limits prescribed by paragraph (b) of this section.
    (2) The airplane ventilation system including any ozone control 
equipment, will maintain cabin ozone concentrations at or below the 
limits prescribed by paragraph (b) of this section.
    (d) A certificate holder may obtain an authorization to deviate from 
the requirements of paragraph (b) of this section, by an amendment to 
its operations specifications, if--
    (1) It shows that due to circumstances beyond its control or to 
unreasonable economic burden it cannot comply for a specified period of 
time; and
    (2) It has submitted a plan acceptable to the Administrator to 
effect compliance to the extent possible.
    (e) A certificate holder need not comply with the requirements of 
paragraph (b) of this section for an aircraft--
    (1) When the only persons carried are flight crewmembers and persons 
listed in Sec. 121.583;
    (2) If the aircraft is scheduled for retirement before January 1, 
1985; or
    (3) If the aircraft is scheduled for re-engining under the 
provisions of subpart E of part 91, until it is re-engined.

[Doc. No. 121-154, 45 FR 3883, Jan. 21, 1980. Redesignated by Amdt. 121-
162, 45 FR 46739, July 10, 1980, and amended by Amdt. 121-181, 47 FR 
58489, Dec. 30, 1982; Amdt. 121-251, 60 FR 65935, Dec. 20, 1995]



Sec. 121.579  Minimum altitudes for use of autopilot.

    (a) En route operations. Except as provided in paragraphs (b), (c), 
and (d) of this section, no person may use an autopilot en route, 
including climb and descent, at an altitude above the terrain that is 
less than twice the maximum altitude loss specified in the Airplane 
Flight Manual for a malfunction of the autopilot under cruise 
conditions, or less than 500 feet, whichever is higher.
    (b) Approaches. When using an instrument approach facility, no 
person may use an autopilot at an altitude above the terrain that is 
less than twice the maximum altitude loss specified in the Airplane 
Flight Manual for a malfunction of the autopilot under approach 
conditions, or less than 50 feet below the approved minimum descent 
altitude or DA/DH for the facility, whichever is higher, except--
    (1) When reported weather conditions are less than the basic VFR 
weather conditions in Sec. 91.155 of this chapter, no person may use an 
autopilot with an approach coupler for ILS approaches at

[[Page 189]]

an altitude above the terrain that is less than 50 feet higher than the 
maximum altitude loss specified in the Airplane Flight Manual for the 
malfunction of the autopilot with approach coupler under approach 
conditions; and
    (2) When reported weather conditions are equal to or better than the 
basic VFR minimums in Sec. 91.155 of this chapter, no person may use an 
autopilot with an approach coupler for ILS approaches at an altitude 
above the terrain that is less than the maximum altitude loss specified 
in the Airplane Flight Manual for the malfunction of the autopilot with 
approach coupler under approach conditions, or 50 feet, whichever is 
higher.
    (c) Notwithstanding paragraph (a) or (b) of this section, the 
Administrator issues operations specifications to allow the use, to 
touchdown, of an approved flight control guidance system with automatic 
capability, in any case in which--
    (1) The system does not contain any altitude loss (above zero) 
specified in the Airplane Flight Manual for malfunction of the autopilot 
with approach coupler; and
    (2) He finds that the use of the system to touchdown will not 
otherwise affect the safety standards required by this section.
    (d) Takeoffs. Notwithstanding paragraph (a) of this section, the 
Administrator issues operations specifications to allow the use of an 
approved autopilot system with automatic capability below the altitude 
specified in paragraph (a) of this section during the takeoff and 
initial climb phase of flight provided:
    (1) The Airplane Flight Manual specifies a minimum altitude 
engagement certification restriction;
    (2) The system is not engaged prior to the minimum engagement 
certification restriction specified in the Airplane Flight Manual or an 
altitude specified by the Administrator, whichever is higher; and
    (3) The Administrator finds that the use of the system will not 
otherwise affect the safety standards required by this section.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-13, 
30 FR 14781, Nov. 30, 1965; Amdt. 121-33, 32 FR 13912, Oct. 6, 1967; 
Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-206, 54 FR 34331, 
Aug. 18, 1989; Amdt. 121-265, 62 FR 27922, May 21, 1997; Amdt. 121-333, 
72 FR 31682, June 7, 2007]



Sec. 121.580  Prohibition on interference with crewmembers.

    No person may assault, threaten, intimidate, or interfere with a 
crewmember in the performance of the crewmember's duties aboard an 
aircraft being operated under this part.

[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999]



Sec. 121.581  Observer's seat: En route inspections.

    (a) Except as provided in paragraph (c) of this section, each 
certificate holder shall make available a seat on the flight deck of 
each airplane, used by it in air commerce, for occupancy by the 
Administrator while conducting en route inspections. The location and 
equipment of the seat, with respect to its suitability for use in 
conducting en route inspections, is determined by the Administrator.
    (b) In each airplane that has more than one observer's seat, in 
addition to the seats required for the crew complement for which the 
airplane was certificated, the forward observer's seat or the observer's 
seat selected by the Administrator must be made available when complying 
with paragraph (a) of this section.
    (c) For any airplane type certificated before December 20, 1995, for 
not more than 30 passengers that does not have an observer seat on the 
flightdeck, the certificate holder must provide a forward passenger seat 
with headset or speaker for occupancy by the Administrator while 
conducting en route inspections.

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as amended by Amdt. 121-144, 
43 FR 22648, May 25, 1978; Amdt. 121-251, 60 FR 65935, Dec. 20, 1995; 
Amdt. 121-288, 67 FR 2128, Jan. 15, 2002]

[[Page 190]]



Sec. 121.582  Means to discreetly notify a flightcrew.

    Except for all-cargo operations as defined in Sec. 110.2 of this 
chapter, after October 15, 2007, for all passenger carrying airplanes 
that require a lockable flightdeck door in accordance with Sec. 
121.313(f), the certificate holder must have an approved means by which 
the cabin crew can discreetly notify the flightcrew in the event of 
suspicious activity or security breaches in the cabin.

[Doc. No. FAA-2005-22449, 72 FR 45635, Aug. 15, 2007, as amended by 
Amdt. 121-353, 76 FR 7488, Feb. 10, 2011]



Sec. 121.583  Carriage of persons without compliance with the 
passenger-carrying requirements of this part.

    (a) When authorized by the certificate holder, the following 
persons, but no others, may be carried aboard an airplane without 
complying with the passenger-carrying airplane requirements in 
Sec. Sec. 121.309(f), 121.310, 121.391, 121.571, and 121.587; the 
passenger-carrying operation requirements in Sec. Sec. 121.157(c) and 
121.291; and the requirements pertaining to passengers in Sec. Sec. 
121.285, 121.313(f), 121.317, 121.547, and 121.573:
    (1) A crewmember.
    (2) A company employee.
    (3) An FAA air carrier inspector, a DOD commercial air carrier 
evaluator, or an authorized representative of the National 
Transportation Safety Board, who is performing official duties.
    (4) A person necessary for--
    (i) The safety of the flight;
    (ii) The safe handling of animals;
    (iii) The safe handling of hazardous materials whose carriage is 
governed by regulations in 49 CFR part 175;
    (iv) The security of valuable or confidential cargo;
    (v) The preservation of fragile or perishable cargo;
    (vi) Experiments on, or testing of, cargo containers or cargo 
handling devices;
    (vii) The operation of special equipment for loading or unloading 
cargo; and
    (viii) The loading or unloading of outsize cargo.
    (5) A person described in paragraph (a)(4) of this section, when 
traveling to or from his assignment.
    (6) A person performing duty as an honor guard accompanying a 
shipment made by or under the authority of the United States.
    (7) A military courier, military route supervisor, military cargo 
contract coordinator, or a flight crewmember of another military cargo 
contract air carrier or commercial operator, carried by a military cargo 
contract air carrier or commercial operator in operations under a 
military cargo contract, if that carriage is specifically authorized by 
the appropriate armed forces.
    (8) A dependent of an employee of the certificate holder when 
traveling with the employee on company business to or from outlying 
stations not served by adequate regular passenger flights.
    (b) No certificate holder may operate an airplane carrying a person 
covered by paragraph (a) of this section unless--
    (1) Each person has unobstructed access from his seat to the pilot 
compartment or to a regular or emergency exit;
    (2) The pilot in command has a means of notifying each person when 
smoking is prohibited and when safety belts must be fastened; and
    (3) The airplane has an approved seat with an approved safety belt 
for each person. The seat must be located so that the occupant is not in 
any position to interfere with the flight crewmembers performing their 
duties.
    (c) Before each takeoff, each certificate holder operating an 
airplane carrying persons covered by paragraph (a) of this section shall 
ensure that all such persons have been orally briefed by the appropriate 
crewmember on--
    (1) Smoking;
    (2) The use of seat belts;
    (3) The location and operation of emergency exits;
    (4) The use of oxygen and emergency oxygen equipment; and
    (5) For extended overwater operations, the location of life rafts, 
and the location and operation of life preservers including a 
demonstration of the method of donning and inflating a life preserver.
    (d) Each certificate holder operating an airplane carrying persons 
covered

[[Page 191]]

by paragraph (a) of this section shall incorporate procedures for the 
safe carriage of such persons into the certificate holder's operations 
manual.
    (e) The pilot in command may authorize a person covered by paragraph 
(a) of this section to be admitted to the crew compartment of the 
airplane.

[Doc. No. 10580, 35 FR 14612, Sept. 18, 1970, as amended by Amdt. 121-
96, 37 FR 19608, Sept. 21, 1972; Amdt. 121-159, 45 FR 41594, June 19, 
1980; Amdt. 121-232, 57 FR 48663, Oct. 27, 1992; Amdt. 121-251, 60 FR 
65935, Dec. 20, 1995; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996; Amdt. 
121-298, 68 FR 41217, July 10, 2003]



Sec. 121.584  Requirement to view the area outside the flightdeck door.

    From the time the airplane moves in order to initiate a flight 
segment through the end of that flight segment, no person may unlock or 
open the flightdeck door unless:
    (a) A person authorized to be on the flightdeck uses an approved 
audio procedure and an approved visual device to verify that:
    (1) The area outside the flightdeck door is secure, and;
    (2) If someone outside the flightdeck is seeking to have the 
flightdeck door opened, that person is not under duress, and;
    (b) After the requirements of paragraph (a) of this section have 
been satisfactorily accomplished, the crewmember in charge on the 
flightdeck authorizes the door to be unlocked and open.

[Amdt. 121-334, 72 FR 45635, Aug. 15, 2007]



Sec. 121.585  Exit seating.

    (a)(1) Each certificate holder shall determine, to the extent 
necessary to perform the applicable functions of paragraph (d) of this 
section, the suitability of each person it permits to occupy an exit 
seat, in accordance with this section. For the purpose of this section--
    (i) Exit seat means--
    (A) Each seat having direct access to an exit; and,
    (B) Each seat in a row of seats through which passengers would have 
to pass to gain access to an exit, from the first seat inboard of the 
exit to the first aisle inboard of the exit.
    (ii) A passenger seat having ``direct access'' means a seat from 
which a passenger can proceed directly to the exit without entering an 
aisle or passing around an obstruction.
    (2) Each certificate holder shall make the passenger exit seating 
determinations required by this paragraph in a non-discriminatory manner 
consistent with the requirements of this section, by persons designated 
in the certificate holder's required operations manual.
    (3) Each certificate holder shall designate the exit seats for each 
passenger seating configuration in its fleet in accordance with the 
definitions in this paragraph and submit those designations for approval 
as part of the procedures required to be submitted for approval under 
paragraphs (n) and (p) of this section.
    (b) No certificate holder may seat a person in a seat affected by 
this section if the certificate holder determines that it is likely that 
the person would be unable to perform one or more of the applicable 
functions listed in paragraph (d) of this section because--
    (1) The person lacks sufficient mobility, strength, or dexterity in 
both arms and hands, and both legs:
    (i) To reach upward, sideways, and downward to the location of 
emergency exit and exit-slide operating mechanisms;
    (ii) To grasp and push, pull, turn, or otherwise manipulate those 
mechanisms;
    (iii) To push, shove, pull, or otherwise open emergency exits;
    (iv) To lift out, hold, deposit on nearby seats, or maneuver over 
the seatbacks to the next row objects the size and weight of over-wing 
window exit doors;
    (v) To remove obstructions similar in size and weight to over-wing 
exit doors;
    (vi) To reach the emergency exit expeditiously;
    (vii) To maintain balance while removing obstructions;
    (viii) To exit expeditiously;
    (ix) To stabilize an escape slide after deployment; or
    (x) To assist others in getting off an escape slide;
    (2) The person is less than 15 years of age or lacks the capacity to 
perform one or more of the applicable functions

[[Page 192]]

listed in paragraph (d) of this section without the assistance of an 
adult companion, parent, or other relative;
    (3) The person lacks the ability to read and understand instructions 
required by this section and related to emergency evacuation provided by 
the certificate holder in printed or graphic form or the ability to 
understand oral crew commands.
    (4) The person lacks sufficient visual capacity to perform one or 
more of the applicable functions in paragraph (d) of this section 
without the assistance of visual aids beyond contact lenses or 
eyeglasses;
    (5) The person lacks sufficient aural capacity to hear and 
understand instructions shouted by flight attendants, without assistance 
beyond a hearing aid;
    (6) The person lacks the ability adequately to impart information 
orally to other passengers; or,
    (7) The person has:
    (i) A condition or responsibilities, such as caring for small 
children, that might prevent the person from performing one or more of 
the applicable functions listed in paragraph (d) of this section; or
    (ii) A condition that might cause the person harm if he or she 
performs one or more of the applicable functions listed in paragraph (d) 
of this section.
    (c) Each passenger shall comply with instructions given by a 
crewmember or other authorized employee of the certificate holder 
implementing exit seating restrictions established in accordance with 
this section.
    (d) Each certificate holder shall include on passenger information 
cards, presented in the language in which briefings and oral commands 
are given by the crew, at each exit seat affected by this section, 
information that, in the event of an emergency in which a crewmember is 
not available to assist, a passenger occupying an exit seat may use if 
called upon to perform the following functions:
    (1) Locate the emergency exit;
    (2) Recognize the emergency exit opening mechanism;
    (3) Comprehend the instructions for operating the emergency exit;
    (4) Operate the emergency exit;
    (5) Assess whether opening the emergency exit will increase the 
hazards to which passengers may be exposed;
    (6) Follow oral directions and hand signals given by a crewmember;
    (7) Stow or secure the emergency exit door so that it will not 
impede use of the exit;
    (8) Assess the condition of an escape slide, activate the slide, and 
stabilize the slide after deployment to assist others in getting off the 
slide;
    (9) Pass expeditiously through the emergency exit; and
    (10) Assess, select, and follow a safe path away from the emergency 
exit.
    (e) Each certificate holder shall include on passenger information 
cards, at each exit seat--
    (1) In the primary language in which emergency commands are given by 
the crew, the selection criteria set forth in paragraph (b) of this 
section, and a request that a passenger identify himself or herself to 
allow reseating if he or she:
    (i) Cannot meet the selection criteria set forth in paragraph (b) of 
this section;
    (ii) Has a nondiscernible condition that will prevent him or her 
from performing the applicable functions listed in paragraph (d) of this 
section;
    (iii) May suffer bodily harm as the result of performing one or more 
of those functions; or
    (iv) Does not wish to perform those functions; and
    (2) In each language used by the certificate holder for passenger 
information cards, a request that a passenger identify himself or 
herself to allow reseating if he or she lacks the ability to read, 
speak, or understand the language or the graphic form in which 
instructions required by this section and related to emergency 
evacuation are provided by the certificate holder, or the ability to 
understand the specified language in which crew commands will be given 
in an emergency.
    (3) May suffer bodily harm as the result of performing one or more 
of those functions; or,
    (4) Does not wish to perform those functions.

A certificate holder shall not require the passenger to disclose his or 
her reason for needing reseating.

[[Page 193]]

    (f) Each certificate holder shall make available for inspection by 
the public at all passenger loading gates and ticket counters at each 
airport where it conducts passenger operations, written procedures 
established for making determinations in regard to exit row seating.
    (g) No certificate holder may allow taxi or pushback unless at least 
one required crewmember has verified that no exit seat is occupied by a 
person the crewmember determines is likely to be unable to perform the 
applicable functions listed in paragraph (d) of this section.
    (h) Each certificate holder shall include in its passenger briefings 
a reference to the passenger information cards, required by paragraphs 
(d) and (e), the selection criteria set forth in paragraph (b), and the 
functions to be performed, set forth in paragraph (d) of this section.
    (i) Each certificate holder shall include in its passenger briefings 
a request that a passenger identify himself or herself to allow 
reseating if he or she--
    (1) Cannot meet the selection criteria set forth in paragraph (b) of 
this section;
    (2) Has a nondiscernible condition that will prevent him or her from 
performing the applicable functions listed in paragraph (d) of this 
section;
    (3) May suffer bodily harm as the result of performing one or more 
of those functions listed in paragraph (d) of this section; or,
    (4) Does not wish to perform those functions listed in paragraph (d) 
of this section.

A certificate holder shall not require the passenger to disclose his or 
her reason for needing reseating.
    (j) [Reserved]
    (k) In the event a certificate holder determines in accordance with 
this section that it is likely that a passenger assigned to an exit seat 
would be unable to perform the functions listed in paragraph (d) of this 
section or a passenger requests a non-exit seat, the certificate holder 
shall expeditiously relocate the passenger to a non-exit seat.
    (l) In the event of full booking in the non-exit seats and if 
necessary to accommodate a passenger being relocated from an exit seat, 
the certificate holder shall move a passenger who is willing and able to 
assume the evacuation functions that may be required, to an exit seat.
    (m) A certificate holder may deny transportation to any passenger 
under this section only because--
    (1) The passenger refuses to comply with instructions given by a 
crewmember or other authorized employee of the certificate holder 
implementing exit seating restrictions established in accordance with 
this section, or
    (2) The only seat that will physically accommodate the person's 
handicap is an exit seat.
    (n) In order to comply with this section certificate holders shall--
    (1) Establish procedures that address:
    (i) The criteria listed in paragraph (b) of this section;
    (ii) The functions listed in paragraph (d) of this section;
    (iii) The requirements for airport information, passenger 
information cards, crewmember verification of appropriate seating in 
exit seats, passenger briefings, seat assignments, and denial of 
transportation as set forth in this section;
    (iv) How to resolve disputes arising from implementation of this 
section, including identification of the certificate holder employee on 
the airport to whom complaints should be addressed for resolution; and,
    (2) Submit their procedures for preliminary review and approval to 
the principal operations inspectors assigned to them at the certificate-
holding district office.
    (o) Certificate holders shall assign seats prior to boarding 
consistent with the criteria listed in paragraph (b) and the functions 
listed in paragraph (d) of this section, to the maximum extent feasible.
    (p) The procedures required by paragraph (n) of this section will 
not become effective until final approval is granted by the Director, 
Flight Standards Service, Washington, DC. Approval will be based solely 
upon the

[[Page 194]]

safety aspects of the certificate holder's procedures.

[Doc. No. 25821, 55 FR 8072, Mar. 6, 1990, as amended by Amdt. 121-232, 
57 FR 48663, Oct. 27, 1992; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.586  Authority to refuse transportation.

    (a) No certificate holder may refuse transportation to a passenger 
on the basis that, because the passenger may need the assistance of 
another person to move expeditiously to an exit in the event of an 
emergency, his transportation would or might be inimical to safety of 
flight unless--
    (1) The certificate holder has established procedures (including 
reasonable notice requirements) for the carriage of passengers who may 
need the assistance of another person to move expeditiously to an exit 
in the event of an emergency; and
    (2) At least one of the following conditions exist:
    (i) The passenger fails to comply with the notice requirements in 
the certificate holder's procedures.
    (ii) The passenger cannot be carried in accordance with the 
certificate holder's procedures.
    (b) Each certificate holder shall provide the certificate-holding 
district office with a copy of each procedure it establishes in 
accordance with paragraph (a)(2) of this section.
    (c) Whenever the Administrator finds that revisions in the 
procedures described in paragraph (a)(2) of this section are necessary 
in the interest of safety or in the public interest, the certificate 
holder, after notification by the Administrator, shall make those 
revisions in its procedures. Within 30 days after the certificate holder 
receives such notice, it may file a petition to reconsider the notice 
with the certificate-holding district office. The filing of a petition 
to reconsider stays the notice pending a decision by the Administrator. 
However, if the Administrator finds that there is an emergency that 
requires immediate action in the interest of safety in air commerce, he 
may, upon a statement of the reasons, require a change effective without 
stay.
    (d) Each certificate holder shall make available to the public at 
each airport it serves a copy of each procedure it establishes in 
accordance with paragraph (a)(1) of this section.

[Doc. No. 12881, 42 FR 18394, Apr. 7, 1977, as amended by Amdt. 121-174, 
46 FR 38051, July 23, 1981; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; 
Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.587  Closing and locking of flightcrew compartment door.

    (a) Except as provided in paragraph (b) of this section, a pilot in 
command of an airplane that has a lockable flightcrew compartment door 
in accordance with Sec. 121.313 and that is carrying passengers shall 
ensure that the door separating the flightcrew compartment from the 
passenger compartment is closed and locked at all times when the 
aircraft is being operated.
    (b) The provisions of paragraph (a) of this section do not apply at 
any time when it is necessary to permit access and egress by persons 
authorized in accordance with Sec. 121.547 and provided the part 119 
operator complies with FAA approved procedures regarding the opening, 
closing and locking of the flightdeck doors.

[Doc. No. FAA-2001-11032, 67 FR 2128, Jan. 15, 2002]



Sec. 121.589  Carry-on baggage.

    (a) No certificate holder may allow the boarding of carry-on baggage 
on an airplane unless each passenger's baggage has been scanned to 
control the size and amount carried on board in accordance with an 
approved carry-on baggage program in its operations specifications. In 
addition, no passenger may board an airplane if his/her carry-on baggage 
exceeds the baggage allowance prescribed in the carry-on baggage program 
in the certificate holder's operations specifications.
    (b) No certificate holder may allow all passenger entry doors of an 
airplane to be closed in preparation for taxi or pushback unless at 
least one required crewmember has verified that each article of baggage 
is stowed in accordance with this section and Sec. 121.285 (c) and (d).
    (c) No certificate holder may allow an airplane to take off or land 
unless each article of baggage is stowed:

[[Page 195]]

    (1) In a suitable closet or baggage or cargo stowage compartment 
placarded for its maximum weight and providing proper restraint for all 
baggage or cargo stowed within, and in a manner that does not hinder the 
possible use of any emergency equipment; or
    (2) As provided in Sec. 121.285 (c) and (d); or
    (3) Under a passenger seat.
    (d) Baggage, other than articles of loose clothing, may not be 
placed in an overhead rack unless that rack is equipped with approved 
restraining devices or doors.
    (e) Each passenger must comply with instructions given by 
crewmembers regarding compliance with paragraphs (a), (b), (c), (d), and 
(g) of this section.
    (f) Each passenger seat under which baggage is allowed to be stowed 
shall be fitted with a means to prevent articles of baggage stowed under 
it from sliding forward. In addition, each aisle seat shall be fitted 
with a means to prevent articles of baggage stowed under it from sliding 
sideward into the aisle under crash impacts severe enough to induce the 
ultimate inertia forces specified in the emergency landing condition 
regulations under which the airplane was type certificated.
    (g) In addition to the methods of stowage in paragraph (c) of this 
section, flexible travel canes carried by blind individuals may be 
stowed--
    (1) Under any series of connected passenger seats in the same row, 
if the cane does not protrude into an aisle and if the cane is flat on 
the floor; or
    (2) Between a nonemergency exit window seat and the fuselage, if the 
cane is flat on the floor; or
    (3) Beneath any two nonemergency exit window seats, if the cane is 
flat on the floor; or
    (4) In accordance with any other method approved by the 
Administrator.

[Doc. No. 24996, 52 FR 21476, June 5, 1987, as amended by Amdt. 121-251, 
60 FR 65935, Dec. 20, 1995]



Sec. 121.590  Use of certificated land airports in the United States.

    (a) Except as provided in paragraphs (b) or (c) of this section, or 
unless authorized by the Administrator under 49 U.S.C. 44706(c), no air 
carrier and no pilot being used by an air carrier may operate, in the 
conduct of a domestic type operation, flag type operation, or 
supplemental type operation, an airplane at a land airport in any State 
of the United States, the District of Columbia, or any territory or 
possession of the United States unless that airport is certificated 
under part 139 of this chapter. Further, after June 9, 2005 for Class I 
airports and after December 9, 2005 for Class II, III, and IV airports, 
when an air carrier and a pilot being used by the air carrier are 
required to operate at an airport certificated under part 139 of this 
chapter, the air carrier and the pilot may only operate at that airport 
if the airport is classified under part 139 to serve the type airplane 
to be operated and the type of operation to be conducted.
    (b)(1) An air carrier and a pilot being used by the air carrier in 
the conduct of a domestic type operation, flag type operation, or 
supplemental type operation may designate and use as a required 
alternate airport for departure or destination an airport that is not 
certificated under part 139 of this chapter.
    (2) Until December 9, 2005, an air carrier and a pilot being used by 
the air carrier in the conduct of domestic type operations and flag type 
operations, may operate an airplane designed for more than 9 but less 
than 31 passenger seats, at a land airport, in any State of the United 
States, the District of Columbia, or any territory or possession of the 
United States, that does not hold an airport operating certificate 
issued under part 139 of this chapter, and that serves small air carrier 
aircraft (as defined under ``Air carrier aircraft'' and ``Class III 
airport'' in Sec. 139.5 of this Chapter).
    (c) An air carrier and a pilot used by the air carrier in conducting 
a domestic type operation, flag type operation, or supplemental type 
operation may operate an airplane at an airport operated by the U.S. 
Government that is not certificated under part 139 of this chapter, only 
if that airport meets the equivalent--
    (1) Safety standards for airports certificated under part 139 of 
this chapter; and

[[Page 196]]

    (2) Airport classification requirements under part 139 to serve the 
type airplane to be operated and the type of operation to be conducted.
    (d) An air carrier, a commercial operator, and a pilot being used by 
the air carrier or the commercial operator--when conducting a passenger-
carrying airplane operation under this part that is not a domestic type 
operation, a flag type operation, or a supplemental type operation--may 
operate at a land airport not certificated under part 139 of this 
chapter only when the following conditions are met:
    (1) The airport is adequate for the proposed operation, considering 
such items as size, surface, obstructions, and lighting.
    (2) For an airplane carrying passengers at night, the pilot may not 
take off from, or land at, an airport unless--
    (i) The pilot has determined the wind direction from an illuminated 
wind direction indicator or local ground communications or, in the case 
of takeoff, that pilot's personal observations; and
    (ii) The limits of the area to be used for landing or takeoff are 
clearly shown by boundary or runway marker lights. If the area to be 
used for takeoff or landing is marked by flare pots or lanterns, their 
use must be authorized by the Administrator.
    (e) A commercial operator and a pilot used by the commercial 
operator in conducting a domestic type operation, flag type operation, 
or supplemental type operation may operate an airplane at an airport 
operated by the U.S. Government that is not certificated under part 139 
of this chapter only if that airport meets the equivalent--
    (1) Safety standards for airports certificated under part 139 of 
this chapter; and
    (2) Airport classification requirements under part 139 of this 
chapter to serve the type airplane to be operated and the type of 
operation to be conducted.
    (f) For the purpose of this section, the terms--
    Domestic type operation means any domestic operation conducted 
with--
    (1) An airplane designed for at least 31 passenger seats (as 
determined by the aircraft type certificate issued by a competent civil 
aviation authority) at any land airport in any State of the United 
States, the District of Columbia, or any territory or possession of the 
United States; or
    (2) An airplane designed for more than 9 passenger seats but less 
than 31 passenger seats (as determined by the aircraft type certificate 
issued by a competent civil aviation authority) at any land airport in 
any State of the United States (except Alaska), the District of 
Columbia, or any territory or possession of the United States.
    Flag type operation means any flag operation conducted with--
    (1) An airplane designed for at least 31 passenger seats (as 
determined by the aircraft type certificate issued by a competent civil 
aviation authority) at any land airport in any State of the United 
States, the District of Columbia, or any territory or possession of the 
United States; or
    (2) An airplane designed for more than 9 passenger seats but less 
than 31 passenger seats (as determined by the aircraft type certificate 
issued by a competent civil aviation authority) at any land airport in 
any State of the United States (except Alaska), the District of 
Columbia, or any territory or possession of the United States.
    Supplemental type operation means any supplemental operation (except 
an all-cargo operation) conducted with an airplane designed for at least 
31 passenger seats (as determined by the aircraft type certificate 
issued by a competent civil aviation authority) at any land airport in 
any State of the United States, the District of Columbia, or any 
territory or possession of the United States.
    United States means the States of the United States, the District of 
Columbia, and the territories and possessions of the United States.
    Note: Special Statutory Requirement to Operate to or From a Part 139 
Airport. Each air carrier that provides--in an aircraft (e.g., airplane, 
rotorcraft, etc.) designed for more than 9 passenger seats--regularly 
scheduled charter air transportation for which the public is provided in 
advance a schedule containing the departure location, departure time, 
and arrival location of the flight must operate to and from an airport 
certificated under part 139 of this chapter in accordance with 49 U.S.C. 
41104(b). That statutory provision contains stand-alone requirements for

[[Page 197]]

such air carriers and special exceptions for operations in Alaska and 
outside the United States. Nothing in Sec. 121.590 exempts the air 
carriers described in this note from the requirements of 49 U.S.C. 
41104(b). Certain operations by air carriers that conduct public charter 
operations under 14 CFR part 380 are covered by the statutory 
requirements to operate to and from part 139 airports. See 49 U.S.C. 
41104(b).

[Doc. No. FAA-2000-7479, 69 FR 6424, Feb. 10, 2004; Amdt. 121-304, 69 FR 
31522, June 4, 2004]



             Subpart U_Dispatching and Flight Release Rules

    Source: Docket No. 6258, 29 FR 19222, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.591  Applicability.

    This subpart prescribes dispatching rules for domestic and flag 
operations and flight release rules for supplemental operations.

[Doc. No. 28154, 61 FR 2614, Jan. 26, 1996]



Sec. 121.593  Dispatching authority: Domestic operations.

    Except when an airplane lands at an intermediate airport specified 
in the original dispatch release and remains there for not more than one 
hour, no person may start a flight unless an aircraft dispatcher 
specifically authorizes that flight.



Sec. 121.595  Dispatching authority: Flag operations.

    (a) No person may start a flight unless an aircraft dispatcher 
specifically authorizes that flight.
    (b) No person may continue a flight from an intermediate airport 
without redispatch if the airplane has been on the ground more than six 
hours.



Sec. 121.597  Flight release authority: Supplemental operations.

    (a) No person may start a flight under a flight following system 
without specific authority from the person authorized by the operator to 
exercise operational control over the flight.
    (b) No person may start a flight unless the pilot in command or the 
person authorized by the operator to exercise operational control over 
the flight has executed a flight release setting forth the conditions 
under which the flights will be conducted. The pilot in command may sign 
the flight release only when he and the person authorized by the 
operator to exercise operational control believe that the flight can be 
made with safety.
    (c) No person may continue a flight from an intermediate airport 
without a new flight release if the aircraft has been on the ground more 
than six hours.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-3, 
30 FR 3639, Mar. 19, 1965]



Sec. 121.599  Familiarity with weather conditions.

    (a) Domestic and flag operations. No aircraft dispatcher may release 
a flight unless he is thoroughly familiar with reported and forecast 
weather conditions on the route to be flown.
    (b) Supplemental operations. No pilot in command may begin a flight 
unless he is thoroughly familiar with reported and forecast weather 
conditions on the route to be flown.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.601  Aircraft dispatcher information to pilot in command:
Domestic and flag operations.

    (a) The aircraft dispatcher shall provide the pilot in command all 
available current reports or information on airport conditions and 
irregularities of navigation facilities that may affect the safety of 
the flight.
    (b) Before beginning a flight, the aircraft dispatcher shall provide 
the pilot in command with all available weather reports and forecasts of 
weather phenomena that may affect the safety of flight, including 
adverse weather phenomena, such as clear air turbulence, thunderstorms, 
and low altitude wind shear, for each route to be flown and each airport 
to be used.
    (c) During a flight, the aircraft dispatcher shall provide the pilot 
in command any additional available information of meteorological 
conditions (including adverse weather phenomena, such as clear air 
turbulence, thunderstorms, and low altitude wind shear),

[[Page 198]]

and irregularities of facilities and services that may affect the safety 
of the flight.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-134, 
42 FR 27573, May 31, 1977; Amdt. 121-144, 43 FR 22649, May 25, 1978; 
Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.603  Facilities and services: Supplemental operations.

    (a) Before beginning a flight, each pilot in command shall obtain 
all available current reports or information on airport conditions and 
irregularities of navigation facilities that may affect the safety of 
the flight.
    (b) During a flight, the pilot in command shall obtain any 
additional available information of meteorological conditions and 
irregularities of facilities and services that may affect the safety of 
the flight.



Sec. 121.605  Airplane equipment.

    No person may dispatch or release an airplane unless it is airworthy 
and is equipped as prescribed in Sec. 121.303.



Sec. 121.607  Communication and navigation facilities: Domestic and 
flag operations.

    (a) Except as provided in paragraph (b) of this section for a 
certificate holder conducting flag operations, no person may dispatch an 
airplane over an approved route or route segment unless the 
communication and navigation facilities required by Sec. Sec. 121.99 
and 121.103 for the approval of that route or segment are in 
satisfactory operating condition.
    (b) If, because of technical reasons or other reasons beyond the 
control of a certificate holder conducting flag operations, the 
facilities required by Sec. Sec. 121.99 and 121.103 are not available 
over a route or route segment outside the United States, the certificate 
holder may dispatch an airplane over that route or route segment if the 
pilot in command and dispatcher find that communication and navigation 
facilities equal to those required are available and are in satisfactory 
operating condition.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.609  Communication and navigation facilities: Supplemental
operations.

    No person may release an aircraft over any route or route segment 
unless communication and navigation facilities equal to those required 
by Sec. 121.121 are in satisfactory operating condition.



Sec. 121.611  Dispatch or flight release under VFR.

    No person may dispatch or release an aircraft for VFR operation 
unless the ceiling and visibility en route, as indicated by available 
weather reports or forecasts, or any combination thereof, are and will 
remain at or above applicable VFR minimums until the aircraft arrives at 
the airport or airports specified in the dispatch or flight release.



Sec. 121.613  Dispatch or flight release under IFR or over the top.

    Except as provided in Sec. 121.615, no person may dispatch or 
release an aircraft for operations under IFR or over-the-top, unless 
appropriate weather reports or forecasts, or any combination thereof, 
indicate that the weather conditions will be at or above the authorized 
minimums at the estimated time of arrival at the airport or airports to 
which dispatched or released.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 
32 FR 13912, Oct. 6, 1967]



Sec. 121.615  Dispatch or flight release over water: Flag and 
supplemental operations.

    (a) No person may dispatch or release an aircraft for a flight that 
involves extended overwater operation unless appropriate weather reports 
or forecasts or any combination thereof, indicate that the weather 
conditions will be at or above the authorized minimums at the estimated 
time of arrival at any airport to which dispatched or released or to any 
required alternate airport.
    (b) Each certificate holder conducting a flag or supplemental 
operation or a domestic operation within the State of Alaska shall 
conduct extended overwater operations under IFR unless it shows that 
operating under IFR is not necessary for safety.

[[Page 199]]

    (c) Each certificate holder conducting a flag or supplemental 
operation or a domestic operation within the State of Alaska shall 
conduct other overwater operations under IFR if the Administrator 
determines that operation under IFR is necessary for safety.
    (d) Each authorization to conduct extended overwater operations 
under VFR and each requirement to conduct other overwater operations 
under IFR will be specified in the certificate holder's operations 
specifications.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 
32 FR 13912, Oct. 6, 1967; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.617  Alternate airport for departure.

    (a) If the weather conditions at the airport of takeoff are below 
the landing minimums in the certificate holder's operations 
specifications for that airport, no person may dispatch or release an 
aircraft from that airport unless the dispatch or flight release 
specifies an alternate airport located within the following distances 
from the airport of takeoff:
    (1) Aircraft having two engines. Not more than one hour from the 
departure airport at normal cruising speed in still air with one engine 
inoperative.
    (2) Aircraft having three or more engines. Not more than two hours 
from the departure airport at normal cruising speed in still air with 
one engine inoperative.
    (b) For the purpose of paragraph (a) of this section, the alternate 
airport weather conditions must meet the requirements of the certificate 
holder's operations specifications.
    (c) No person may dispatch or release an aircraft from an airport 
unless he lists each required alternate airport in the dispatch or 
flight release.



Sec. 121.619  Alternate airport for destination: IFR or over-the-top:
Domestic operations.

    (a) No person may dispatch an airplane under IFR or over-the-top 
unless he lists at least one alternate airport for each destination 
airport in the dispatch release. When the weather conditions forecast 
for the destination and first alternate airport are marginal at least 
one additional alternate must be designated. However, no alternate 
airport is required if for at least 1 hour before and 1 hour after the 
estimated time of arrival at the destination airport the appropriate 
weather reports or forecasts, or any combination of them, indicate--
    (1) The ceiling will be at least 2,000 feet above the airport 
elevation; and
    (2) Visibility will be at least 3 miles.
    (b) For the purposes of paragraph (a) of this section, the weather 
conditions at the alternate airport must meet the requirements of Sec. 
121.625.
    (c) No person may dispatch a flight unless he lists each required 
alternate airport in the dispatch release.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-159, 
45 FR 41594, June 19, 1980]



Sec. 121.621  Alternate airport for destination: Flag operations.

    (a) No person may dispatch an airplane under IFR or over-the-top 
unless he lists at least one alternate airport for each destination 
airport in the dispatch release, unless--
    (1) The flight is scheduled for not more than 6 hours and, for at 
least 1 hour before and 1 hour after the estimated time of arrival at 
the destination airport, the appropriate weather reports or forecasts, 
or any combination of them, indicate the ceiling will be:
    (i) At least 1,500 feet above the lowest circling MDA, if a circling 
approach is required and authorized for that airport; or
    (ii) At least 1,500 feet above the lowest published instrument 
approach minimum or 2,000 feet above the airport elevation, whichever is 
greater; and
    (iii) The visibility at that airport will be at least 3 miles, or 2 
miles more than the lowest applicable visibility minimums, whichever is 
greater, for the instrument approach procedures to be used at the 
destination airport; or
    (2) The flight is over a route approved without an available 
alternate airport for a particular destination airport and the airplane 
has enough fuel to meet the requirements of Sec. 121.641(b) or Sec. 
121.645(c).
    (b) For the purposes of paragraph (a) of this section, the weather 
conditions

[[Page 200]]

at the alternate airport must meet the requirements of the certificate 
holder's operations specifications.
    (c) No person may dispatch a flight unless he lists each required 
alternate airport in the dispatch release.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-159, 
45 FR 41594, June 19, 1980; Amdt. 121-253, 61 FR 2614, Jan. 26, 1996]



Sec. 121.623  Alternate airport for destination: IFR or over-the-top:
Supplemental operations.

    (a) Except as provided in paragraph (b) of this section, each person 
releasing an aircraft for operation under IFR or over-the-top shall list 
at least one alternate airport for each destination airport in the 
flight release.
    (b) An alternate airport need not be designated for IFR or over-the-
top operations where the aircraft carries enough fuel to meet the 
requirements of Sec. Sec. 121.643 and 121.645 for flights outside the 
48 contiguous States and the District of Columbia over routes without an 
available alternate airport for a particular airport of destination.
    (c) For the purposes of paragraph (a) of this section, the weather 
requirements at the alternate airport must meet the requirements of the 
certificate holder's operations specifications.
    (d) No person may release a flight unless he lists each required 
alternate airport in the flight release.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2614, Jan. 26, 1996]



Sec. 121.624  ETOPS Alternate Airports.

    (a) No person may dispatch or release an airplane for an ETOPS 
flight unless enough ETOPS Alternate Airports are listed in the dispatch 
or flight release such that the airplane remains within the authorized 
ETOPS maximum diversion time. In selecting these ETOPS Alternate 
Airports, the certificate holder must consider all adequate airports 
within the authorized ETOPS diversion time for the flight that meet the 
standards of this part.
    (b) No person may list an airport as an ETOPS Alternate Airport in a 
dispatch or flight release unless, when it might be used (from the 
earliest to the latest possible landing time)--
    (1) The appropriate weather reports or forecasts, or any combination 
thereof, indicate that the weather conditions will be at or above the 
ETOPS Alternate Airport minima specified in the certificate holder's 
operations specifications; and
    (2) The field condition reports indicate that a safe landing can be 
made.
    (c) Once a flight is en route, the weather conditions at each ETOPS 
Alternate Airport must meet the requirements of Sec. 121.631 (c).
    (d) No person may list an airport as an ETOPS Alternate Airport in 
the dispatch or flight release unless that airport meets the public 
protection requirements of Sec. 121.97(b)(1)(ii).

[Doc. No. FAA-2002-6717, 72 FR 1881, Jan. 16, 2007]



Sec. 121.625  Alternate Airport weather minima.

    Except as provided in Sec. 121.624 for ETOPS Alternate Airports, no 
person may list an airport as an alternate in the dispatch or flight 
release unless the appropriate weather reports or forecasts, or any 
combination thereof, indicate that the weather conditions will be at or 
above the alternate weather minima specified in the certificate holder's 
operations specifications for that airport when the flight arrives.

[Doc. No. FAA-2002-6717, 72 FR 1881, Jan. 16, 2007]



Sec. 121.627  Continuing flight in unsafe conditions.

    (a) No pilot in command may allow a flight to continue toward any 
airport to which it has been dispatched or released if, in the opinion 
of the pilot in command or dispatcher (domestic and flag operations 
only), the flight cannot be completed safely; unless, in the opinion of 
the pilot in command, there is no safer procedure. In that event, 
continuation toward that airport is an emergency situation as set forth 
in Sec. 121.557.
    (b) If any instrument or item of equipment required under this 
chapter for the particular operation becomes inoperative en route, the 
pilot in command shall comply with the approved procedures for such an 
occurrence as

[[Page 201]]

specified in the certificate holder's manual.

[Doc. No. 6258, 29 FR 1922, Dec. 31, 1964, as amended by Amdt. 121-222, 
56 FR 12310, Mar. 22, 1991; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.628  Inoperable instruments and equipment.

    (a) No person may take off an airplane with inoperable instruments 
or equipment installed unless the following conditions are met:
    (1) An approved Minimum Equipment List exists for that airplane.
    (2) The certificate-holding district office has issued the 
certificate holder operations specifications authorizing operations in 
accordance with an approved Minimum Equipment List. The flight crew 
shall have direct access at all times prior to flight to all of the 
information contained in the approved Minimum Equipment List through 
printed or other means approved by the Administrator in the certificate 
holders operations specifications. An approved Minimum Equipment List, 
as authorized by the operations specifications, constitutes an approved 
change to the type design without requiring recertification.
    (3) The approved Minimum Equipment List must:
    (i) Be prepared in accordance with the limitations specified in 
paragraph (b) of this section.
    (ii) Provide for the operation of the airplane with certain 
instruments and equipment in an inoperable condition.
    (4) Records identifying the inoperable instruments and equipment and 
the information required by paragraph (a)(3)(ii) of this section must be 
available to the pilot.
    (5) The airplane is operated under all applicable conditions and 
limitations contained in the Minimum Equipment List and the operations 
specifications authorizing use of the Minimum Equipment List.
    (b) The following instruments and equipment may not be included in 
the Minimum Equipment List:
    (1) Instruments and equipment that are either specifically or 
otherwise required by the airworthiness requirements under which the 
airplane is type certificated and which are essential for safe 
operations under all operating conditions.
    (2) Instruments and equipment required by an airworthiness directive 
to be in operable condition unless the airworthiness directive provides 
otherwise.
    (3) Instruments and equipment required for specific operations by 
this part.
    (c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an 
airplane with inoperable instruments or equipment may be operated under 
a special flight permit under Sec. Sec. 21.197 and 21.199 of this 
chapter.

[Doc. No. 25780, 56 FR 12310, Mar. 22, 1991; Amdt. 121-222, 56 FR 14290, 
Apr. 8, 1991; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.629  Operation in icing conditions.

    (a) No person may dispatch or release an aircraft, continue to 
operate an aircraft en route, or land an aircraft when in the opinion of 
the pilot in command or aircraft dispatcher (domestic and flag 
operations only), icing conditions are expected or met that might 
adversely affect the safety of the flight.
    (b) No person may take off an aircraft when frost, ice, or snow is 
adhering to the wings, control surfaces, propellers, engine inlets, or 
other critical surfaces of the aircraft or when the takeoff would not be 
in compliance with paragraph (c) of this section. Takeoffs with frost 
under the wing in the area of the fuel tanks may be authorized by the 
Administrator.
    (c) Except as provided in paragraph (d) of this section, no person 
may dispatch, release, or take off an aircraft any time conditions are 
such that frost, ice, or snow may reasonably be expected to adhere to 
the aircraft, unless the certificate holder has an approved ground 
deicing/anti-icing program in its operations specifications and unless 
the dispatch, release, and takeoff comply with that program. The 
approved ground deicing/anti-icing program must include at least the 
following items:
    (1) A detailed description of--
    (i) How the certificate holder determines that conditions are such 
that frost, ice, or snow may reasonably be expected to adhere to the 
aircraft and

[[Page 202]]

that ground deicing/anti-icing operational procedures must be in effect;
    (ii) Who is responsible for deciding that ground deicing/anti-icing 
operational procedures must be in effect;
    (iii) The procedures for implementing ground deicing/anti-icing 
operational procedures;
    (iv) The specific duties and responsibilities of each operational 
position or group responsible for getting the aircraft safely airborne 
while ground deicing/anti-icing operational procedures are in effect.
    (2) Initial and annual recurrent ground training and testing for 
flight crewmembers and qualification for all other affected personnel 
(e.g., aircraft dispatchers, ground crews, contract personnel) 
concerning the specific requirements of the approved program and each 
person's responsibilities and duties under the approved program, 
specifically covering the following areas:
    (i) The use of holdover times.
    (ii) Aircraft deicing/anti-icing procedures, including inspection 
and check procedures and responsibilities.
    (iii) Communications procedures.
    (iv) Aircraft surface contamination (i.e., adherence of frost, ice, 
or snow) and critical area identification, and how contamination 
adversely affects aircraft performance and flight characteristics.
    (v) Types and characteristics of deicing/anti-icing fluids.
    (vi) Cold weather preflight inspection procedures;
    (vii) Techniques for recognizing contamination on the aircraft.
    (3) The certificate holder's holdover timetables and the procedures 
for the use of these tables by the certificate holder's personnel. 
Holdover time is the estimated time deicing/anti-icing fluid will 
prevent the formation of frost or ice and the accumulation of snow on 
the protected surfaces of an aircraft. Holdover time begins when the 
final application of deicing/anti-icing fluid commences and expires when 
the deicing/anti-icing fluid applied to the aircraft loses its 
effectiveness. The holdover times must be supported by data acceptable 
to the Administrator. The certificate holder's program must include 
procedures for flight crewmembers to increase or decrease the determined 
holdover time in changing conditions. The program must provide that 
takeoff after exceeding any maximum holdover time in the certificate 
holder's holdover timetable is permitted only when at least one of the 
following conditions exists:
    (i) A pretakeoff contamination check, as defined in paragraph (c)(4) 
of this section, determines that the wings, control surfaces, and other 
critical surfaces, as defined in the certificate holder's program, are 
free of frost, ice, or snow.
    (ii) It is otherwise determined by an alternate procedure approved 
by the Administrator in accordance with the certificate holder's 
approved program that the wings, control surfaces, and other critical 
surfaces, as defined in the certificate holder's program, are free of 
frost, ice, or snow.
    (iii) The wings, control surfaces, and other critical surfaces are 
redeiced and a new holdover time is determined.
    (4) Aircraft deicing/anti-icing procedures and responsibilities, 
pretakeoff check procedures and responsibilities, and pretakeoff 
contamination check procedures and responsibilities. A pretakeoff check 
is a check of the aircraft's wings or representative aircraft surfaces 
for frost, ice, or snow within the aircraft's holdover time. A 
pretakeoff contamination check is a check to make sure the wings, 
control surfaces, and other critical surfaces, as defined in the 
certificate holder's program, are free of frost, ice, and snow. It must 
be conducted within five minutes prior to beginning take off. This check 
must be accomplished from outside the aircraft unless the program 
specifies otherwise.
    (d) A certificate holder may continue to operate under this section 
without a program as required in paragraph (c) of this section, if it 
includes in its operations specifications a requirement that, any time 
conditions are such that frost, ice, or snow may reasonably be expected 
to adhere to the aircraft, no aircraft will take off unless it has been 
checked to ensure that the wings, control surfaces, and other critical 
surfaces are free of frost, ice, and snow. The check must occur within 
five minutes prior to beginning takeoff. This

[[Page 203]]

check must be accomplished from outside the aircraft.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-231, 
57 FR 44942, Sept. 29, 1992; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.631  Original dispatch or flight release, redispatch or 
amendment of dispatch or flight release.

    (a) A certificate holder may specify any regular, provisional, or 
refueling airport, authorized for the type of aircraft, as a destination 
for the purpose of original dispatch or release.
    (b) No person may allow a flight to continue to an airport to which 
it has been dispatched or released unless the weather conditions at an 
alternate airport that was specified in the dispatch or flight release 
are forecast to be at or above the alternate minimums specified in the 
operations specifications for that airport at the time the aircraft 
would arrive at the alternate airport. However, the dispatch or flight 
release may be amended en route to include any alternate airport that is 
within the fuel range of the aircraft as specified in Sec. Sec. 121.639 
through 121.647.
    (c) No person may allow a flight to continue beyond the ETOPS Entry 
Point unless--
    (1) Except as provided in paragraph (d) of this section, the weather 
conditions at each ETOPS Alternate Airport required by Sec. 121.624 are 
forecast to be at or above the operating minima for that airport in the 
certificate holder's operations specifications when it might be used 
(from the earliest to the latest possible landing time); and
    (2) All ETOPS Alternate Airports within the authorized ETOPS maximum 
diversion time are reviewed and the flight crew advised of any changes 
in conditions that have occurred since dispatch.
    (d) If paragraph (c)(1) of this section cannot be met for a specific 
airport, the dispatch or flight release may be amended to add an ETOPS 
Alternate Airport within the maximum ETOPS diversion time that could be 
authorized for that flight with weather conditions at or above operating 
minima.
    (e) Before the ETOPS Entry Point, the pilot in command for a 
supplemental operator or a dispatcher for a flag operator must use 
company communications to update the flight plan if needed because of a 
re-evaluation of aircraft system capabilities.
    (f) No person may change an original destination or alternate 
airport that is specified in the original dispatch or flight release to 
another airport while the aircraft is en route unless the other airport 
is authorized for that type of aircraft and the appropriate requirements 
of Sec. Sec. 121.593 through 121.661 and 121.173 are met at the time of 
redispatch or amendment of the flight release.
    (g) Each person who amends a dispatch or flight release en route 
shall record that amendment.

[Doc. No. 628, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-65, 
35 FR 12709, Aug. 11, 1970; Amdt. 121-329, 72 FR 1881, Jan. 16, 2007]



Sec. 121.633  Considering time-limited systems in planning ETOPS 
alternates.

    (a) For ETOPS up to and including 180 minutes, no person may list an 
airport as an ETOPS Alternate Airport in a dispatch or flight release if 
the time needed to fly to that airport (at the approved one-engine 
inoperative cruise speed under standard conditions in still air) would 
exceed the approved time for the airplane's most limiting ETOPS 
Significant System (including the airplane's most limiting fire 
suppression system time for those cargo and baggage compartments 
required by regulation to have fire-suppression systems) minus 15 
minutes.
    (b) For ETOPS beyond 180 minutes, no person may list an airport as 
an ETOPS Alternate Airport in a dispatch or flight release if the time 
needed to fly to that airport:
    (1) at the all engine operating cruise speed, corrected for wind and 
temperature, exceeds the airplane's most limiting fire suppression 
system time minus 15 minutes for those cargo and baggage compartments 
required by regulation to have fire suppression systems (except as 
provided in paragraph (c) of this section), or
    (2) at the one-engine-inoperative cruise speed, corrected for wind 
and temperature, exceeds the airplane's most limiting ETOPS Significant 
System time (other than the airplane's

[[Page 204]]

most limiting fire suppression system time minus 15 minutes for those 
cargo and baggage compartments required by regulation to have fire-
suppression systems).
    (c) For turbine-engine powered airplanes with more than two engines, 
the certificate holder need not meet paragraph (b)(1) of this section 
until February 15, 2013.

[Doc. No. FAA-2002-6717, 72 FR 1882, Jan. 16, 2007]



Sec. 121.635  Dispatch to and from refueling or provisional airports:
Domestic and flag operations.

    No person may dispatch an airplane to or from a refueling or 
provisional airport except in accordance with the requirements of this 
part applicable to dispatch from regular airports and unless that 
airport meets the requirements of this part applicable to regular 
airports.

[Doc. No. 16383, 43 FR 22649, May 25, 1978]



Sec. 121.637  Takeoffs from unlisted and alternate airports: Domestic 
and flag operations.

    (a) No pilot may takeoff an airplane from an airport that is not 
listed in the operations specifications unless--
    (1) The airport and related facilities are adequate for the 
operation of the airplane;
    (2) He can comply with the applicable airplane operating 
limitations;
    (3) The airplane has been dispatched according to dispatching rules 
applicable to operation from an approved airport; and
    (4) The weather conditions at that airport are equal to or better 
than the following:
    (i) Airports in the United States. The weather minimums for takeoff 
prescribed in part 97 of this chapter; or where minimums are not 
prescribed for the airport, 800-2, 900-1\1/2\, or 1,000-1.
    (ii) Airports outside the United States. The weather minimums for 
takeoff prescribed or approved by the government of the country in which 
the airport is located; or where minimums are not prescribed or approved 
for the airport, 800-2, 900-1\1/2\, or 1,000-1.
    (b) No pilot may take off from an alternate airport unless the 
weather conditions are at least equal to the minimums prescribed in the 
certificate holder's operations specifications for alternate airports.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-33, 
32 FR 13912, Oct. 6, 1967; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.639  Fuel supply: All domestic operations.

    No person may dispatch or take off an airplane unless it has enough 
fuel--
    (a) To fly to the airport to which it is dispatched;
    (b) Thereafter, to fly to and land at the most distant alternate 
airport (where required) for the airport to which dispatched; and
    (c) Thereafter, to fly for 45 minutes at normal cruising fuel 
consumption or, for certificate holders who are authorized to conduct 
day VFR operations in their operations specifications and who are 
operating nontransport category airplanes type certificated after 
December 31, 1964, to fly for 30 minutes at normal cruising fuel 
consumption for day VFR operations.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, by Amdt. 121-251, 60 FR 
65935, Dec. 20, 1995]



Sec. 121.641  Fuel supply: Nonturbine and turbo-propeller-powered 
airplanes: Flag operations.

    (a) No person may dispatch or take off a nonturbine or turbo-
propeller-powered airplane unless, considering the wind and other 
weather conditions expected, it has enough fuel--
    (1) To fly to and land at the airport to which it is dispatched;
    (2) Thereafter, to fly to and land at the most distant alternate 
airport specified in the dispatch release; and
    (3) Thereafter, to fly for 30 minutes plus 15 percent of the total 
time required to fly at normal cruising fuel consumption to the airports 
specified in paragraphs (a) (1) and (2) of this section or to fly for 90 
minutes at normal cruising fuel consumption, whichever is less.
    (b) No person may dispatch a nonturbine or turbo-propeller-powered 
airplane to an airport for which an alternate is not specified under 
Sec. 121.621(a)(2), unless it has enough fuel, considering wind and 
forecast weather conditions, to fly to that airport and

[[Page 205]]

thereafter to fly for three hours at normal cruising fuel consumption.



Sec. 121.643  Fuel supply: Nonturbine and turbo-propeller-powered 
airplanes: Supplemental operations.

    (a) Except as provided in paragraph (b) of this section, no person 
may release for flight or takeoff a nonturbine or turbo-propeller-
powered airplane unless, considering the wind and other weather 
conditions expected, it has enough fuel--
    (1) To fly to and land at the airport to which it is released;
    (2) Thereafter, to fly to and land at the most distant alternate 
airport specified in the flight release; and
    (3) Thereafter, to fly for 45 minutes at normal cruising fuel 
consumption or, for certificate holders who are authorized to conduct 
day VFR operations in their operations specifications and who are 
operating nontransport category airplanes type certificated after 
December 31, 1964, to fly for 30 minutes at normal cruising fuel 
consumption for day VFR operations.
    (b) If the airplane is released for any flight other than from one 
point in the contiguous United States to another point in the contiguous 
United States, it must carry enough fuel to meet the requirements of 
paragraphs (a) (1) and (2) of this section and thereafter fly for 30 
minutes plus 15 percent of the total time required to fly at normal 
cruising fuel consumption to the airports specified in paragraphs (a) 
(1) and (2) of this section, or to fly for 90 minutes at normal cruising 
fuel consumption, whichever is less.
    (c) No person may release a nonturbine or turbo-propeller-powered 
airplane to an airport for which an alternate is not specified under 
Sec. 121.623(b), unless it has enough fuel, considering wind and other 
weather conditions expected, to fly to that airport and thereafter to 
fly for three hours at normal cruising fuel consumption.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-10, 
30 FR 10025, Aug. 12, 1965; Amdt. 121-251, 60 FR 65935, Dec. 20, 1995]



Sec. 121.645  Fuel supply: Turbine-engine powered airplanes, other 
than turbo propeller: Flag and supplemental operations.

    (a) Any flag operation within the 48 contiguous United States and 
the District of Columbia may use the fuel requirements of Sec. 121.639.
    (b) For any certificate holder conducting flag or supplemental 
operations outside the 48 contiguous United States and the District of 
Columbia, unless authorized by the Administrator in the operations 
specifications, no person may release for flight or takeoff a turbine-
engine powered airplane (other than a turbo-propeller powered airplane) 
unless, considering wind and other weather conditions expected, it has 
enough fuel--
    (1) To fly to and land at the airport to which it is released;
    (2) After that, to fly for a period of 10 percent of the total time 
required to fly from the airport of departure to, and land at, the 
airport to which it was released;
    (3) After that, to fly to and land at the most distant alternate 
airport specified in the flight release, if an alternate is required; 
and
    (4) After that, to fly for 30 minutes at holding speed at 1,500 feet 
above the alternate airport (or the destination airport if no alternate 
is required) under standard temperature conditions.
    (c) No person may release a turbine-engine powered airplane (other 
than a turbo-propeller airplane) to an airport for which an alternate is 
not specified under Sec. 121.621(a)(2) or Sec. 121.623(b) unless it 
has enough fuel, considering wind and other weather conditions expected, 
to fly to that airport and thereafter to fly for at least two hours at 
normal cruising fuel consumption.
    (d) The Administrator may amend the operations specifications of a 
certificate holder conducting flag or supplemental operations to require 
more fuel than any of the minimums stated in paragraph (a) or (b) of 
this section if he finds that additional fuel is necessary on a 
particular route in the interest of safety.
    (e) For a supplemental operation within the 48 contiguous States and 
the District of Columbia with a turbine

[[Page 206]]

engine powered airplane the fuel requirements of Sec. 121.643 apply.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-10, 
30 FR 10025, Aug. 12, 1965; Amdt. 121-144, 43 FR 22649, May 25, 1978; 
Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.646  En-route fuel supply: flag and supplemental operations.

    (a) No person may dispatch or release for flight a turbine-engine 
powered airplane with more than two engines for a flight more than 90 
minutes (with all engines operating at cruise power) from an Adequate 
Airport unless the following fuel supply requirements are met:
    (1) The airplane has enough fuel to meet the requirements of Sec. 
121.645(b);
    (2) The airplane has enough fuel to fly to the Adequate Airport--
    (i) Assuming a rapid decompression at the most critical point;
    (ii) Assuming a descent to a safe altitude in compliance with the 
oxygen supply requirements of Sec. 121.333; and
    (iii) Considering expected wind and other weather conditions.
    (3) The airplane has enough fuel to hold for 15 minutes at 1500 feet 
above field elevation and conduct a normal approach and landing.
    (b) No person may dispatch or release for flight an ETOPS flight 
unless, considering wind and other weather conditions expected, it has 
the fuel otherwise required by this part and enough fuel to satisfy each 
of the following requirements:
    (1) Fuel to fly to an ETOPS Alternate Airport.
    (i) Fuel to account for rapid decompression and engine failure. The 
airplane must carry the greater of the following amounts of fuel:
    (A) Fuel sufficient to fly to an ETOPS Alternate Airport assuming a 
rapid decompression at the most critical point followed by descent to a 
safe altitude in compliance with the oxygen supply requirements of Sec. 
121.333 of this chapter;
    (B) Fuel sufficient to fly to an ETOPS Alternate Airport (at the 
one-engine-inoperative cruise speed) assuming a rapid decompression and 
a simultaneous engine failure at the most critical point followed by 
descent to a safe altitude in compliance with the oxygen requirements of 
Sec. 121.333 of this chapter; or
    (C) Fuel sufficient to fly to an ETOPS Alternate Airport (at the one 
engine inoperative cruise speed) assuming an engine failure at the most 
critical point followed by descent to the one engine inoperative cruise 
altitude.
    (ii) Fuel to account for errors in wind forecasting. In calculating 
the amount of fuel required by paragraph (b)(1)(i) of this section, the 
certificate holder must increase the actual forecast wind speed by 5% 
(resulting in an increase in headwind or a decrease in tailwind) to 
account for any potential errors in wind forecasting. If a certificate 
holder is not using the actual forecast wind based on a wind model 
accepted by the FAA, the airplane must carry additional fuel equal to 5% 
of the fuel required for paragraph (b)(1)(i) of this section, as reserve 
fuel to allow for errors in wind data.
    (iii) Fuel to account for icing. In calculating the amount of fuel 
required by paragraph (b)(1)(i) of this section (after completing the 
wind calculation in paragraph (b)(1)(ii) of this section), the 
certificate holder must ensure that the airplane carries the greater of 
the following amounts of fuel in anticipation of possible icing during 
the diversion:
    (A) Fuel that would be burned as a result of airframe icing during 
10 percent of the time icing is forecast (including the fuel used by 
engine and wing anti-ice during this period).
    (B) Fuel that would be used for engine anti-ice, and if appropriate 
wing anti-ice, for the entire time during which icing is forecast.
    (iv) Fuel to account for engine deterioration. In calculating the 
amount of fuel required by paragraph (b)(1)(i) of this section (after 
completing the wind calculation in paragraph (b)(1)(ii) of this 
section), the airplane also carries fuel equal to 5% of the fuel 
specified above, to account for deterioration in cruise fuel burn 
performance unless the certificate holder has a program to monitor 
airplane in-service deterioration to cruise fuel burn performance.
    (2) Fuel to account for holding, approach, and landing. In addition 
to the fuel required by paragraph (b)(1) of this section, the airplane 
must carry fuel sufficient to hold at 1500 feet above

[[Page 207]]

field elevation for 15 minutes upon reaching an ETOPS Alternate Airport 
and then conduct an instrument approach and land.
    (3) Fuel to account for APU use. If an APU is a required power 
source, the certificate holder must account for its fuel consumption 
during the appropriate phases of flight.

[Doc. No. FAA-2002-6717, 72 FR 1882, Jan. 16, 2007, as amended by Amdt. 
121-348, 75 FR 12121, Mar. 15, 2010]



Sec. 121.647  Factors for computing fuel required.

    Each person computing fuel required for the purposes of this subpart 
shall consider the following:
    (a) Wind and other weather conditions forecast.
    (b) Anticipated traffic delays.
    (c) One instrument approach and possible missed approach at 
destination.
    (d) Any other conditions that may delay landing of the aircraft.

For the purposes of this section, required fuel is in addition to 
unusable fuel.



Sec. 121.649  Takeoff and landing weather minimums: VFR: 
Domestic operations.

    (a) Except as provided in paragraph (b) of this section, regardless 
of any clearance from ATC, no pilot may takeoff or land an airplane 
under VFR when the reported ceiling or visibility is less than the 
following:
    (1) For day operations--1,000-foot ceiling and one-mile visibility.
    (2) For night operations--1,000-foot ceiling and two-mile 
visibility.
    (b) Where a local surface restriction to visibility exists (e.g., 
smoke, dust, blowing snow or sand) the visibility for day and night 
operations may be reduced to \1/2\ mile, if all turns after takeoff and 
prior to landing, and all flight beyond one mile from the airport 
boundary can be accomplished above or outside the area of local surface 
visibility restriction.
    (c) The weather minimums in this section do not apply to the VFR 
operation of fixed-wing aircraft at any of the locations where the 
special weather minimums of Sec. 91.157 of this chapter are not 
applicable (See part 91, appendix D, section 3 of this chapter). The 
basic VFR weather minimums of Sec. 91.155 of this chapter apply at 
those locations.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt. 121-39, 
33 FR 4097, Mar. 2, 1968; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989; 
Amdt. 121-226, 56 FR 65663, Dec. 17, 1991]



Sec. 121.651  Takeoff and landing weather minimums: IFR: 
All certificate holders.

    (a) Notwithstanding any clearance from ATC, no pilot may begin a 
takeoff in an airplane under IFR when the weather conditions reported by 
the U.S. National Weather Service, a source approved by that Service, or 
a source approved by the Administrator, are less than those specified 
in--
    (1) The certificate holder's operations specifications; or
    (2) Parts 91 and 97 of this chapter, if the certificate holder's 
operations specifications do not specify takeoff minimums for the 
airport.
    (b) Except as provided in paragraph (d) of this section, no pilot 
may continue an approach past the final approach fix, or where a final 
approach fix is not used, begin the final approach segment of an 
instrument approach procedure--
    (1) At any airport, unless the U.S. National Weather Service, a 
source approved by that Service, or a source approved by the 
Administrator, issues a weather report for that airport; and
    (2) At airports within the United States and its territories or at 
U.S. military airports, unless the latest weather report for that 
airport issued by the U.S. National Weather Service, a source approved 
by that Service, or a source approved by the Administrator, reports the 
visibility to be equal to or more than the visibility minimums 
prescribed for that procedure. For the purpose of this section, the term 
``U.S. military airports'' means airports in foreign countries where 
flight operations are under the control of U.S. military authority.
    (c) If a pilot has begun the final approach segment of an instrument 
approach procedure in accordance with paragraph (b) of this section, and 
after that receives a later weather report indicating below-minimum 
conditions, the pilot may continue the approach to DA/DH or MDA. Upon 
reaching DA/DH

[[Page 208]]

or at MDA, and at any time before the missed approach point, the pilot 
may continue the approach below DA/DH or MDA if either the requirements 
of Sec. 91.175(l) of this chapter, or the following requirements are 
met:
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers, and where that descent rate will allow 
touchdown to occur within the touchdown zone of the runway of intended 
landing;
    (2) The flight visibility is not less than the visibility prescribed 
in the standard instrument approach procedure being used;
    (3) Except for Category II or Category III approaches where any 
necessary visual reference requirements are specified by authorization 
of the Administrator, at least one of the following visual references 
for the intended runway is distinctly 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; and
    (4) When the aircraft is on a straight-in nonprecision approach 
procedure which incorporates a visual descent point, the aircraft has 
reached the visual descent point, except where the aircraft is not 
equipped for or capable of establishing that point, or a descent to the 
runway cannot be made using normal procedures or rates of descent if 
descent is delayed until reaching that point.
    (d) A pilot may begin the final approach segment of an instrument 
approach procedure other than a Category II or Category III procedure at 
an airport when the visibility is less than the visibility minimums 
prescribed for that procedure if that airport is served by an operative 
ILS and an operative PAR, and both are used by the pilot. However, no 
pilot may continue an approach below the authorized DA/DH unless the 
requirements of Sec. 91.175(l) of this chapter, or the following 
requirements are met:
    (1) The aircraft is continuously in a position from which a descent 
to a landing on the intended runway can be made at a normal rate of 
descent using normal maneuvers and where such a descent rate will allow 
touchdown to occur within the touchdown zone of the runway of intended 
landing;
    (2) The flight visibility is not less than the visibility prescribed 
in the standard instrument approach procedure being used; and
    (3) Except for Category II or Category III approaches where any 
necessary visual reference requirements are specified by the 
authorization of the Administrator, at least one of the following visual 
references for the intended runway is distinctly visible and 
identifiable to the pilot:
    (i) The approach light system, except that the pilot may not descend 
below 100 feet above the touchdown zone elevation using the approach 
lights as a reference unless the red terminating bars or the red side 
row bars are also distinctly visible and identifiable.
    (ii) The threshold.
    (iii) The threshold markings.
    (iv) The threshold lights.
    (v) The runway end identifier lights.
    (vi) The visual approach slope indicator.
    (vii) The touchdown zone or touchdown zone markings.
    (viii) The touchdown zone lights.
    (ix) The runway or runway markings.
    (x) The runway lights.
    (e) For the purpose of this section, the final approach segment 
begins at the final approach fix or facility prescribed in the 
instrument approach procedure. When a final approach fix is not 
prescribed for a procedure that includes a procedure turn, the final 
approach segment begins at the point where the procedure turn is 
completed and the aircraft is established inbound

[[Page 209]]

toward the airport on the final approach course within the distance 
prescribed in the procedure.
    (f) Unless otherwise authorized in the certificate holder's 
operations specifications, each pilot making an IFR takeoff, approach, 
or landing at a foreign airport shall comply with the applicable 
instrument approach procedures and weather minimums prescribed by the 
authority having jurisdiction over the airport.

[Doc. No. 20060, 46 FR 2291, Jan. 8, 1981, as amended by Amdt. 121-303, 
69 FR 1641, Jan. 9, 2004; Amdt. 121-333, 72 FR 31682, June 7, 2007]



Sec. 121.652  Landing weather minimums: IFR: All certificate holders.

    (a) If the pilot in command of an airplane has not served 100 hours 
as pilot in command in operations under this part in the type of 
airplane he is operating, the MDA or DA/DH and visibility landing 
minimums in the certificate holder's operations specification for 
regular, provisional, or refueling airports are increased by 100 feet 
and one-half mile (or the RVR equivalent). The MDA or DA/DH and 
visibility minimums need not be increased above those applicable to the 
airport when used as an alternate airport, but in no event may the 
landing minimums be less than 300 and 1. However, a Pilot in command 
employed by a certificate holder conducting operations in large aircraft 
under part 135 of this chapter, may credit flight time acquired in 
operations conducted for that operator under part 91 in the same type 
airplane for up to 50 percent of the 100 hours of pilot in command 
experience required by this paragraph.
    (b) The 100 hours of pilot in command experience required by 
paragraph (a) of this section may be reduced (not to exceed 50 percent) 
by substituting one landing in operations under this part in the type of 
airplane for 1 required hour of pilot in command experience, if the 
pilot has at least 100 hours as pilot in command of another type 
airplane in operations under this part.
    (c) Category II minimums and the sliding scale when authorized in 
the certificate holder's operations specifications do not apply until 
the pilot in command subject to paragraph (a) of this section meets the 
requirements of that paragraph in the type of airplane he is operating.

[Doc. No. 7594, 33 FR 10843, July 31, 1968, as amended by Amdt. 121-143, 
43 FR 22642, May 25, 1978; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996; 
Amdt. 121-333, 72 FR 31682, June 7, 2007]



Sec. 121.653  [Reserved]



Sec. 121.655  Applicability of reported weather minimums.

    In conducting operations under Sec. Sec. 121.649 through 121.653, 
the ceiling and visibility values in the main body of the latest weather 
report control for VFR and IFR takeoffs and landings and for instrument 
approach procedures on all runways of an airport. However, if the latest 
weather report, including an oral report from the control tower, 
contains a visibility value specified as runway visibility or runway 
visual range for a particular runway of an airport, that specified value 
controls for VFR and IFR landings and takeoffs and straight-in 
instrument approaches for that runway.



Sec. 121.657  Flight altitude rules.

    (a) General. Notwithstanding Sec. 91.119 or any rule applicable 
outside the United States, no person may operate an aircraft below the 
minimums set forth in paragraphs (b) and (c) of this section, except 
when necessary for takeoff or landing, or except when, after considering 
the character of the terrain, the quality and quantity of meteorological 
services, the navigational facilities available, and other flight 
conditions, the Administrator prescribes other minimums for any route or 
part of a route where he finds that the safe conduct of the flight 
requires other altitudes. Outside of the United States the minimums 
prescribed in this section are controlling unless higher minimums are 
prescribed in the certificate holder's operations specifications or by 
the foreign country over which the aircraft is operating.
    (b) Day VFR operations. No certificate holder conducting domestic 
operations may operate a passenger-carrying aircraft and no certificate 
holder conducting flag or supplemental operations may operate any 
aircraft under VFR during the day at an altitude less than 1,000 feet 
above the surface or less

[[Page 210]]

than 1,000 feet from any mountain, hill, or other obstruction to flight.
    (c) Night VFR, IFR, and over-the-top operations. No person may 
operate an aircraft under IFR including over-the-top or at night under 
VFR at an altitude less than 1,000 feet above the highest obstacle 
within a horizontal distance of five miles from the center of the 
intended course, or, in designated mountainous areas, less than 2,000 
feet above the highest obstacle within a horizontal distance of five 
miles from the center of the intended course.
    (d) Day over-the-top operations below minimum en route altitudes. A 
person may conduct day over-the-top operations in an airplane at flight 
altitudes lower than the minimum en route IFR altitudes if--
    (1) The operation is conducted at least 1,000 feet above the top of 
lower broken or overcast cloud cover;
    (2) The top of the lower cloud cover is generally uniform and level;
    (3) Flight visibility is at least five miles; and
    (4) The base of any higher broken or overcast cloud cover is 
generally uniform and level and is at least 1,000 feet above the minimum 
en route IFR altitude for that route segment.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as amended by Amdt. 121-144, 
43 FR 22649, May 25, 1978; Amdt. 121-206, 54 FR 34331, Aug. 18, 1989; 
Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.659  Initial approach altitude: Domestic and supplemental
operations.

    (a) Except as provided in paragraph (b) of this section, when making 
an initial approach to a radio navigation facility under IFR, no person 
may descend an aircraft below the pertinent minimum altitude for initial 
approach (as specified in the instrument approach procedure for that 
facility) until his arrival over that facility has been definitely 
established.
    (b) When making an initial approach on a flight being conducted 
under Sec. 121.657(d), no pilot may commence an instrument approach 
until his arrival over the radio facility has definitely been 
established. In making an instrument approach under these circumstances 
no person may descend an aircraft lower than 1,000 feet above the top of 
the lower cloud or the minimum altitude determined by the Administrator 
for that part of the IFR approach, whichever is lower.



Sec. 121.661  Initial approach altitude: Flag operations.

    When making an initial approach to a radio navigation facility under 
IFR, no person may descend below the pertinent minimum altitude for 
initial approach (as specified in the instrument approach procedure for 
that facility) until his arrival over that facility has been definitely 
established.



Sec. 121.663  Responsibility for dispatch release: Domestic and flag
operations.

    Each certificate holder conducting domestic or flag operations shall 
prepare a dispatch release for each flight between specified points, 
based on information furnished by an authorized aircraft dispatcher. The 
pilot in command and an authorized aircraft dispatcher shall sign the 
release only if they both believe that the flight can be made with 
safety. The aircraft dispatcher may delegate authority to sign a release 
for a particular flight, but he may not delegate his authority to 
dispatch.

[Doc. No. 28154, 61 FR 2615, Jan. 26, 1996]



Sec. 121.665  Load manifest.

    Each certificate holder is responsible for the preparation and 
accuracy of a load manifest form before each takeoff. The form must be 
prepared and signed for each flight by employees of the certificate 
holder who have the duty of supervising the loading of aircraft and 
preparing the load manifest forms or by other qualified persons 
authorized by the certificate holder.



Sec. 121.667  Flight plan: VFR and IFR: Supplemental operations.

    (a) No person may take off an aircraft unless the pilot in command 
has filed a flight plan, containing the appropriate information required 
by part 91, with the nearest FAA communication station or appropriate 
military station or, when operating outside the United States, with 
other appropriate authority. However, if communications facilities are 
not readily available, the

[[Page 211]]

pilot in command shall file the flight plan as soon as practicable after 
the aircraft is airborne. A flight plan must continue in effect for all 
parts of the flight.
    (b) When flights are operated into military airports, the arrival or 
completion notice required by Sec. Sec. 91.153 and 91.169 may be filed 
with the appropriate airport control tower or aeronautical communication 
facility used for that airport.

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964 as amended by Amdt. 121-206, 
54 FR 34331, Aug. 18, 1989]



                      Subpart V_Records and Reports

    Source: Docket No. 6258, 29 FR 19226, Dec. 31, 1964, unless 
otherwise noted.



Sec. 121.681  Applicability.

    This subpart prescribes requirements for the preparation and 
maintenance of records and reports for all certificate holders.



Sec. 121.683  Crewmember and dispatcher record.

    (a) Each certificate holder shall--
    (1) Maintain current records of each crewmember and each aircraft 
dispatcher (domestic and flag operations only) that show whether the 
crewmember or aircraft dispatcher complies with the applicable sections 
of this chapter, including, but not limited to, proficiency and route 
checks, airplane and route qualifications, training, any required 
physical examinations, flight, duty, and rest time records; and
    (2) Record each action taken concerning the release from employment 
or physical or professional disqualification of any flight crewmember or 
aircraft dispatcher (domestic and flag operations only) and keep the 
record for at least six months thereafter.
    (b) Each certificate holder conducting supplemental operations shall 
maintain the records required by paragraph (a) of this section at its 
principal base of operations, or at another location used by it and 
approved by the Administrator.
    (c) Computer record systems approved by the Administrator may be 
used in complying with the requirements of paragraph (a) of this 
section.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-144, 
43 FR 22649, May 25, 1978; Amdt. 121-241, 59 FR 42993, Aug. 19, 1994; 
Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.685  Aircraft record: Domestic and flag operations.

    Each certificate holder conducting domestic or flag operations shall 
maintain a current list of each aircraft that it operates in scheduled 
air transportation and shall send a copy of the record and each change 
to the certificate-holding district office. Airplanes of another 
certificate holder operated under an interchange agreement may be 
incorporated by reference.

[Doc. No. 28154, 61 FR 2615, Jan. 26, 1996]



Sec. 121.687  Dispatch release: Flag and domestic operations.

    (a) The dispatch release may be in any form but must contain at 
least the following information concerning each flight:
    (1) Identification number of the aircraft.
    (2) Trip number.
    (3) Departure airport, intermediate stops, destination airports, and 
alternate airports.
    (4) A statement of the type of operation (e.g., IFR, VFR).
    (5) Minimum fuel supply.
    (6) For each flight dispatched as an ETOPS flight, the ETOPS 
diversion time for which the flight is dispatched.
    (b) The dispatch release must contain, or have attached to it, 
weather reports, available weather forecasts, or a combination thereof, 
for the destination airport, intermediate stops, and alternate airports, 
that are the latest available at the time the release is signed by the 
pilot in command and dispatcher. It may include any additional available 
weather reports or forecasts that the pilot in command or the aircraft 
dispatcher considers necessary or desirable.

[Docket No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-
329, 72 FR 1883, Jan. 16, 2007]

[[Page 212]]



Sec. 121.689  Flight release form: Supplemental operations.

    (a) Except as provided in paragraph (c) of this section, the flight 
release may be in any form but must contain at least the following 
information concerning each flight:
    (1) Company or organization name.
    (2) Make, model, and registration number of the aircraft being used.
    (3) Flight or trip number, and date of flight.
    (4) Name of each flight crewmember, flight attendant, and pilot 
designated as pilot in command.
    (5) Departure airport, destination airports, alternate airports, and 
route.
    (6) Minimum fuel supply (in gallons or pounds).
    (7) A statement of the type of operation (e.g., IFR, VFR).
    (8) For each flight released as an ETOPS flight, the ETOPS diversion 
time for which the flight is released.
    (b) The aircraft flight release must contain, or have attached to 
it, weather reports, available weather forecasts, or a combination 
thereof, for the destination airport, and alternate airports, that are 
the latest available at the time the release is signed. It may include 
any additional available weather reports or forecasts that the pilot in 
command considers necessary or desirable.
    (c) Each certificate holder conducting domestic or flag operations 
under the rules of this part applicable to supplemental operations shall 
comply with the dispatch or flight release forms required for scheduled 
operations under this subpart.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-253, 
61 FR 2615, Jan. 26, 1996; Amdt. 121-329, 72 FR 1883, Jan. 16, 2007]



Sec. 121.691  [Reserved]



Sec. 121.693  Load manifest: All certificate holders.

    The load manifest must contain the following information concerning 
the loading of the airplane at takeoff time:
    (a) The weight of the aircraft, fuel and oil, cargo and baggage, 
passengers and crewmembers.
    (b) The maximum allowable weight for that flight that must not 
exceed the least of the following weights:
    (1) Maximum allowable takeoff weight for the runway intended to be 
used (including corrections for altitude and gradient, and wind and 
temperature conditions existing at the takeoff time).
    (2) Maximum takeoff weight considering anticipated fuel and oil 
consumption that allows compliance with applicable en route performance 
limitations.
    (3) Maximum takeoff weight considering anticipated fuel and oil 
consumption that allows compliance with the maximum authorized design 
landing weight limitations on arrival at the destination airport.
    (4) Maximum takeoff weight considering anticipated fuel and oil 
consumption that allows compliance with landing distance limitations on 
arrival at the destination and alternate airports.
    (c) The total weight computed under approved procedures.
    (d) Evidence that the aircraft is loaded according to an approved 
schedule that insures that the center of gravity is within approved 
limits.
    (e) Names of passengers, unless such information is maintained by 
other means by the certificate holder.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-159, 
45 FR 41595, June 19, 1980; Amdt. 121-253, 61 FR 2615, Jan. 26, 1996]



Sec. 121.695  Disposition of load manifest, dispatch release, and 
flight plans: Domestic and flag operations.

    (a) The pilot in command of an airplane shall carry in the airplane 
to its destination--
    (1) A copy of the completed load manifest (or information from it, 
except information concerning cargo and passenger distribution);
    (2) A copy of the dispatch release; and
    (3) A copy of the flight plan.
    (b) The certificate holder shall keep copies of the records required 
in this section for at least three months.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-178, 
47 FR 13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2616, Jan. 26, 1996]

[[Page 213]]



Sec. 121.697  Disposition of load manifest, flight release, and 
flight plans: Supplemental operations.

    (a) The pilot in command of an airplane shall carry in the airplane 
to its destination the original or a signed copy of the--
    (1) Load manifest;
    (2) Flight release;
    (3) Airworthiness release;
    (4) Pilot route certification; and
    (5) Flight plan.
    (b) If a flight originates at the certificate holder's principal 
base of operations, it shall retain at that base a signed copy of each 
document listed in paragraph (a) of this section.
    (c) Except as provided in paragraph (d) of this section, if a flight 
originates at a place other than the certificate holder's principal base 
of operations, the pilot in command (or another person not aboard the 
airplane who is authorized by the certificate holder) shall, before or 
immediately after departure of the flight, mail signed copies of the 
documents listed in paragraph (a) of this section, to the principal base 
of operations.
    (d) If a flight originates at a place other than the certificate 
holder's principal base of operations, and there is at that place a 
person to manage the flight departure for the certificate holder who 
does not himself or herself depart on the airplane, signed copies of the 
documents listed in paragraph (a) of this section may be retained at 
that place for not more than 30 days before being sent to the 
certificate holder's principal base of operations. However, the 
documents for a particular flight need not be further retained at that 
place or be sent to the principal base of operations, if the originals 
or other copies of them have been previously returned to the principal 
base of operations.
    (e) The certificate holder conducting supplemental operations shall:
    (1) Identify in its operations manual the person having custody of 
the copies of documents retained in accordance with paragraph (d) of 
this section; and
    (2) Retain at its principal base of operations either an original or 
a copy of the records required by this section for at least three 
months.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-123, 
40 FR 44541, Sept. 29, 1975; Amdt. 121-143, 43 FR 22642, May 25, 1978; 
Amdt. 121-178, 47 FR 13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2616, 
Jan. 26, 1996]



Sec. Sec. 121.698-121.699  [Reserved]



Sec. 121.701  Maintenance log: Aircraft.

    (a) Each person who takes action in the case of a reported or 
observed failure or malfunction of an airframe, engine, propeller, or 
appliance that is critical to the safety of flight shall make, or have 
made, a record of that action in the airplane's maintenance log.
    (b) Each certificate holder shall have an approved procedure for 
keeping adequate copies of the record required in paragraph (a) of this 
section in the airplane in a place readily accessible to each flight 
crewmember and shall put that procedure in the certificate holder's 
manual.



Sec. 121.703  Service difficulty reports.

    (a) Each certificate holder shall report the occurrence or detection 
of each failure, malfunction, or defect concerning--
    (1) Fires during flight and whether the related fire-warning system 
functioned properly;
    (2) Fires during flight not protected by a related fire-warning 
system;
    (3) False fire warning during flight;
    (4) An engine exhaust system that causes damage during flight to the 
engine, adjacent structure, equipment, or components;
    (5) An aircraft component that causes accumulation or circulation of 
smoke, vapor, or toxic or noxious fumes in the crew compartment or 
passenger cabin during flight;
    (6) Engine shutdown during flight because of flameout;
    (7) Engine shutdown during flight when external damage to the engine 
or airplane structure occurs;
    (8) Engine shutdown during flight due to foreign object ingestion or 
icing;
    (9) Engine shutdown during flight of more than one engine;

[[Page 214]]

    (10) A propeller feathering system or ability of the system to 
control overspeed during flight;
    (11) A fuel or fuel-dumping system that affects fuel flow or causes 
hazardous leakage during flight;
    (12) An unwanted landing gear extension or retraction, or an 
unwanted opening or closing of landing gear doors during flight;
    (13) Brake system components that result in loss of brake actuating 
force when the airplane is in motion on the ground;
    (14) Aircraft structure that requires major repair;
    (15) Cracks, permanent deformation, or corrosion of aircraft 
structures, if more than the maximum acceptable to the manufacturer or 
the FAA;
    (16) Aircraft components or systems that result in taking emergency 
actions during flight (except action to shut down an engine); and
    (17) Emergency evacuation systems or components including all exit 
doors, passenger emergency evacuation lighting systems, or evacuation 
equipment that are found defective, or that fail to perform the intended 
functions during an actual emergency or during training, testing, 
maintenance, demonstrations, or inadvertent deployments.
    (b) For the purpose of this section during flight means the period 
from the moment the aircraft leaves the surface of the earth on takeoff 
until it touches down on landing.
    (c) In addition to the reports required by paragraph (a) of this 
section, each certificate holder shall report any other failure, 
malfunction, or defect in an aircraft that occurs or is detected at any 
time if, in its opinion, that failure, malfunction, or defect has 
endangered or may endanger the safe operation of an aircraft used by it.
    (d) Each certificate holder shall submit each report required by 
this section, covering each 24-hour period beginning at 0900 local time 
of each day and ending at 0900 local time on the next day, to the FAA 
offices in Oklahoma City, Oklahoma. Each report of occurrences during a 
24-hour period shall be submitted to the collection point within the 
next 96 hours. However, a report due on Saturday or Sunday may be 
submitted on the following Monday, and a report due on a holiday may be 
submitted on the next work day.
    (e) The certificate holder shall submit the reports required by this 
section on a form or in another format acceptable to the Administrator. 
The reports shall include the following information:
    (1) Type and identification number of the aircraft.
    (2) The name of the operator.
    (3) The date, flight number, and stage during which the incident 
occurred (e.g., preflight, takeoff, climb, cruise, desent landing, and 
inspection).
    (4) The emergency procedure effected (e.g., unscheduled landing and 
emergency descent).
    (5) The nature of the failure, malfunction, or defect.
    (6) Identification of the part and system involved, including 
available information pertaining to type designation of the major 
component and time since overhaul.
    (7) Apparent cause of the failure, malfunction, or defect (e.g., 
wear, crack, design deficiency, or personnel error).
    (8) Whether the part was repaired, replaced, sent to the 
manufacturer, or other action taken.
    (9) Whether the aircraft was grounded.
    (10) Other pertinent information necessary for more complete 
identification, determination of seriousness, or corrective action.
    (f) A certificate holder that is also the holder of a Type 
Certificate (including a Supplemental Type Certificate), a Parts 
Manufacturer Approval, or a Technical Standard Order Authorization, or 
that is the licensee of a type certificate holder, need not report a 
failure, malfunction, or defect under this section if the failure, 
malfunction, or defect has been reported by it under Sec. 21.3 of this 
chapter or under the accident reporting provisions of 14 CFR part 830.
    (g) No person may withhold a report required by this section even 
though all information required in this section is not available.
    (h) When certificate holder gets additional information, including 
information from the manufacturer or other

[[Page 215]]

agency, concerning a report required by this section, it shall 
expeditiously submit it as a supplement to the first report and 
reference the date and place of submission of the first report.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Doc. No. 8084, 
32 FR 5770, Apr. 11, 1967; Amdt. 121-72, 35 FR 18188, Nov. 28, 1970; 
Amdt. 121-143, 43 FR 22642, May 25, 1978; Amdt. 121-178, 47 FR 13316, 
Mar. 29, 1982; Amdt. 121-187, 50 FR 32375, Aug. 9, 1985; Amdt. 121-195, 
53 FR 8728, Mar. 16, 1988; Amdt. 121-251, 60 FR 65936, Dec. 20, 1995; 
Amdt. 121-319, 70 FR 76979, Dec. 29, 2005]



Sec. 121.705  Mechanical interruption summary report.

    Each certificate holder shall submit to the Administrator, before 
the end of the 10th day of the following month, a summary report for the 
previous month of:
    (a) Each interruption to a flight, unscheduled change of aircraft en 
route, or unscheduled stop or diversion from a route, caused by known or 
suspected mechanical difficulties or malfunctions that are not required 
to be reported under Sec. 121.703.
    (b) The number of engines removed prematurely because of 
malfunction, failure or defect, listed by make and model and the 
aircraft type in which it was installed.
    (c) The number of propeller featherings in flight, listed by type of 
propeller and engine and aircraft on which it was installed. Propeller 
featherings for training, demonstration, or flight check purposes need 
not be reported.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-10, 
30 FR 10025, Aug. 12, 1965; Amdt. 121-319, 70 FR 76979, Dec. 29, 2005]



Sec. 121.707  Alteration and repair reports.

    (a) Each certificate holder shall, promptly upon its completion, 
prepare a report of each major alteration or major repair of an 
airframe, aircraft engine, propeller, or appliance of an aircraft 
operated by it.
    (b) The certificate holder shall submit a copy of each report of a 
major alteration to, and shall keep a copy of each report of a major 
repair available for inspection by, the representative of the 
Administrator who is assigned to it.



Sec. 121.709  Airworthiness release or aircraft log entry.

    (a) No certificate holder may operate an aircraft after maintenance, 
preventive maintenance or alterations are performed on the aircraft 
unless the certificate holder, or the person with whom the certificate 
holder arranges for the performance of the maintenance, preventive 
maintenance, or alterations, prepares or causes to be prepared--
    (1) An airworthiness release; or
    (2) An appropriate entry in the aircraft log.
    (b) The airworthiness release or log entry required by paragraph (a) 
of this section must--
    (1) Be prepared in accordance with the procedures set forth in the 
certificate holder's manual;
    (2) Include a certification that--
    (i) The work was performed in accordance with the requirements of 
the certificate holder's manual;
    (ii) All items required to be inspected were inspected by an 
authorized person who determined that the work was satisfactorily 
completed;
    (iii) No known condition exists that would make the airplane 
unairworthy; and
    (iv) So far as the work performed is concerned, the aircraft is in 
condition for safe operation; and
    (3) Be signed by an authorized certificated mechanic or repairman 
except that a certificated repairman may sign the release or entry only 
for the work for which he is employed and certificated.
    (c) Notwithstanding paragraph (b)(3) of this section, after 
maintenance, preventive maintenance, or alterations performed by a 
repair station that is located outside the United States, the 
airworthiness release or log entry required by paragraph (a) of this 
section may be signed by a person authorized by that repair station.
    (d) When an airworthiness release form is prepared the certificate 
holder must give a copy to the pilot in command and must keep a record 
thereof for at least 2 months.

[[Page 216]]

    (e) Instead of restating each of the conditions of the certification 
required by paragraph (b) of this section, the air carrier may state in 
its manual that the signature of an authorized certificated mechanic or 
repairman constitutes that certification.

[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as amended by Amdt. 121-6, 
30 FR 6432, May 8, 1965; Amdt. 121-21, 31 FR 10613, Aug. 9, 1966; Amdt. 
121-286, 66 FR 41116, Aug. 6, 2001]



Sec. 121.711  Communication records: Domestic and flag operations.

    Each certificate holder conducting domestic or flag operations shall 
record each en route radio contact between the certificate holder and 
its pilots and shall keep that record for at least 30 days.

[Doc. No. 28154, 61 FR 2616, Jan. 26, 1996]



Sec. 121.713  Retention of contracts and amendments: Commercial 
operators who conduct intrastate operations for compensation or hire.

    (a) Each commercial operator who conducts intrastate operations for 
compensation or hire shall keep a copy of each written contract under 
which it provides services as a commercial operator for a period of at 
least 1 year after the date of execution of the contract. In the case of 
an oral contract, it shall keep a memorandum stating its elements, and 
of any amendments to it, for a period of at least one year after the 
execution of that contract or change.
    (b) Each commercial operator who conducts intrastate operations for 
compensation or hire shall submit a financial report for the first 6 
months of each fiscal year and another financial report for each 
complete fiscal year. If that person's operating certificate is 
suspended for more than 29 days, that person shall submit a financial 
report as of the last day of the month in which the suspension is 
terminated. The report required to be submitted by this section shall be 
submitted within 60 days of the last day of the period covered by the 
report and must include--
    (1) A balance sheet that shows assets, liabilities, and net worth on 
the last day of the reporting period;
    (2) The information required by Sec. 119.36 (e)(2), (e)(7), and 
(e)(8) of this chapter;
    (3) An itemization of claims in litigation against the applicant, if 
any, as of the last day of the period covered by the report;
    (4) A profit and loss statement with the separation of items 
relating to the applicant's commercial operator activities from his 
other business activities, if any; and
    (5) A list of each contract that gave rise to operating income on 
the profit and loss statement, including the names and addresses of the 
contracting parties and the nature, scope, date, and duration of each 
contract.

[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as amended by Amdt. 121-
262, 62 FR 13257, Mar. 19, 1997]



             Subpart W_Crewmember Certificate: International



Sec. 121.721  Applicability.

    This section describes the certificates that were issued to United 
States citizens who were employed by air carriers at the time of 
issuance as flight crewmembers on United States registered aircraft 
engaged in international air commerce. The purpose of the certificate is 
to facilitate the entry and clearance of those crewmembers into ICAO 
contracting states. They were issued under Annex 9, as amended, to the 
Convention on International Civil Aviation.

[Doc. No. 28154, 61 FR 30435, June 14, 1996]



Sec. 121.723  Surrender of international crewmember certificate.

    The holder of a certificate issued under this section, or the air 
carrier by whom the holder is employed, shall surrender the certificate 
for cancellation at the nearest FAA Flight Standards District Office at 
the termination of the holder's employment with that air carrier.

[Doc. No. 28154, 61 FR 30435, June 14, 1996]

[[Page 217]]



           Subpart X_Emergency Medical Equipment and Training

    Source: Docket No. FAA-2000-7119, 66 FR 19044, Apr. 12, 2001,
    unless 
otherwise noted.



Sec. 121.801  Applicability.

    This subpart prescribes the emergency medical equipment and training 
requirements applicable to all certificate holders operating passenger-
carrying airplanes under this part. Nothing in this subpart is intended 
to require certificate holders or its agents to provide emergency 
medical care or to establish a standard of care for the provision of 
emergency medical care.



Sec. 121.803  Emergency medical equipment.

    (a) No person may operate a passenger-carrying airplane under this 
part unless it is equipped with the emergency medical equipment listed 
in this section.
    (b) Each equipment item listed in this section--
    (1) Must be inspected regularly in accordance with inspection 
periods established in the operations specifications to ensure its 
condition for continued serviceability and immediate readiness to 
perform its intended emergency purposes;
    (2) Must be readily accessible to the crew and, with regard to 
equipment located in the passenger compartment, to passengers;
    (3) Must be clearly identified and clearly marked to indicate its 
method of operation; and
    (4) When carried in a compartment or container, must be carried in a 
compartment or container marked as to contents and the compartment or 
container, or the item itself, must be marked as to date of last 
inspection.
    (c) For treatment of injuries, medical events, or minor accidents 
that might occur during flight time each airplane must have the 
following equipment that meets the specifications and requirements of 
appendix A of this part:
    (1) Approved first-aid kits.
    (2) In airplanes for which a flight attendant is required, an 
approved emergency medical kit.
    (3) In airplanes for which a flight attendant is required, an 
approved emergency medical kit as modified effective April 12, 2004.
    (4) In airplanes for which a flight attendant is required and with a 
maximum payload capacity of more than 7,500 pounds, an approved 
automated external defibrillator as of April 12, 2004.



Sec. 121.805  Crewmember training for in-flight medical events.

    (a) Each training program must provide the instruction set forth in 
this section with respect to each airplane type, model, and 
configuration, each required crewmember, and each kind of operation 
conducted, insofar as appropriate for each crewmember and the 
certificate holder.
    (b) Training must provide the following:
    (1) Instruction in emergency medical event procedures, including 
coordination among crewmembers.
    (2) Instruction in the location, function, and intended operation of 
emergency medical equipment.
    (3) Instruction to familiarize crewmembers with the content of the 
emergency medical kit.
    (4) Instruction to familiarize crewmembers with the content of the 
emergency medical kit as modified on April 12, 2004.
    (5) For each flight attendant--
    (i) Instruction, to include performance drills, in the proper use of 
automated external defibrillators.
    (ii) Instruction, to include performance drills, in cardiopulmonary 
resuscitation.
    (iii) Recurrent training, to include performance drills, in the 
proper use of an automated external defibrillators and in 
cardiopulmonary resuscitation at least once every 24 months.
    (c) The crewmember instruction, performance drills, and recurrent 
training required under this section are not required to be equivalent 
to the expert level of proficiency attained by professional emergency 
medical personnel.



                Subpart Y_Advanced Qualification Program

    Source: Docket No. FAA-2005-20750, 70 FR 54815, Sept. 16, 2005, 
unless otherwise noted.

[[Page 218]]



Sec. 121.901  Purpose and eligibility.

    (a) Contrary provisions of parts 61, 63, 65, 121, 135, and 142 of 
this chapter notwithstanding, this subpart provides for approval of an 
alternative method (known as ``Advanced Qualification Program'' or 
``AQP'') for qualifying, training, certifying, and otherwise ensuring 
competency of crewmembers, aircraft dispatchers, other operations 
personnel, instructors, and evaluators who are required to be trained 
under parts 121 and 135 of this chapter.
    (b) A certificate holder is eligible under this subpart if the 
certificate holder is required or elects to have an approved training 
program under Sec. Sec. 121.401, 135.3(c), or 135.341 of this chapter.
    (c) A certificate holder obtains approval of each proposed 
curriculum under this AQP as specified in Sec. 121.909.



Sec. 121.903  General requirements for Advanced Qualification Programs.

    (a) A curriculum approved under an AQP may include elements of 
existing training programs under part 121 and part 135 of this chapter. 
Each curriculum must specify the make, model, series or variant of 
aircraft and each crewmember position or other positions to be covered 
by that curriculum. Positions to be covered by the AQP must include all 
flight crewmember positions, flight instructors, and evaluators and may 
include other positions, such as flight attendants, aircraft 
dispatchers, and other operations personnel.
    (b) Each certificate holder that obtains approval of an AQP under 
this subpart must comply with all the requirements of the AQP and this 
subpart instead of the corresponding provisions of parts 61, 63, 65, 
121, or 135 of this chapter. However, each applicable requirement of 
parts 61, 63, 65, 121, or 135 of this chapter, including but not limited 
to practical test requirements, that is not specifically addressed in 
the AQP continues to apply to the certificate holder and to the 
individuals being trained and qualified by the certificate holder. No 
person may be trained under an AQP unless that AQP has been approved by 
the FAA and the person complies with all the requirements of the AQP and 
this subpart.
    (c) No certificate holder that conducts its training program under 
this subpart may use any person nor may any person serve in any duty 
position as a required crewmember, an aircraft dispatcher, an 
instructor, or an evaluator, unless that person has satisfactorily 
accomplished, in a training program approved under this subpart for the 
certificate holder, the training and evaluation of proficiency required 
by the AQP for that type airplane and duty position.
    (d) All documentation and data required under this subpart must be 
submitted in a form and manner acceptable to the FAA.
    (e) Any training or evaluation required under an AQP that is 
satisfactorily completed in the calendar month before or the calendar 
month after the calendar month in which it is due is considered to have 
been completed in the calendar month it was due.



Sec. 121.905  Confidential commercial information.

    (a) Each certificate holder that claims that AQP information or data 
it is submitting to the FAA is entitled to confidential treatment under 
5 U.S.C. 552(b)(4) because it constitutes confidential commercial 
information as described in 5 U.S.C. 552(b)(4), and should be withheld 
from public disclosure, must include its request for confidentiality 
with each submission.
    (b) When requesting confidentiality for submitted information or 
data, the certificate holder must:
    (1) If the information or data is transmitted electronically, embed 
the claim of confidentiality within the electronic record so the 
portions claimed to be confidential are readily apparent when received 
and reviewed.
    (2) If the information or data is submitted in paper format, place 
the word ``CONFIDENTIAL'' on the top of each page containing information 
or data claimed to be confidential.
    (3) Justify the basis for a claim of confidentiality under 5 U.S.C. 
552(b)(4).



Sec. 121.907  Definitions.

    The following definitions apply to this subpart:

[[Page 219]]

    Crew Resource Management (CRM) means the effective use of all the 
resources available to crewmembers, including each other, to achieve a 
safe and efficient flight.
    Curriculum outline means a listing of each segment, module, lesson, 
and lesson element in a curriculum, or an equivalent listing acceptable 
to the FAA.
    Evaluation of proficiency means a Line Operational Evaluation (LOE) 
or an equivalent evaluation under an AQP acceptable to the FAA.
    Evaluator means a person who assesses or judges the performance of 
crewmembers, instructors, other evaluators, aircraft dispatchers, or 
other operations personnel.
    First Look means the assessment of performance to determine 
proficiency on designated flight tasks before any briefing, training, or 
practice on those tasks is given in the training session for a 
continuing qualification curriculum. First Look is conducted during an 
AQP continuing qualification cycle to determine trends of degraded 
proficiency, if any, due in part to the length of the interval between 
training sessions.
    Instructional systems development means a systematic methodology for 
developing or modifying qualification standards and associated 
curriculum content based on a documented analysis of the job tasks, 
skills, and knowledge required for job proficiency.
    Job task listing means a listing of all tasks, subtasks, knowledge, 
and skills required for accomplishing the operational job.
    Line Operational Evaluation (LOE) means a simulated line 
environment, the scenario content of which is designed to test 
integrating technical and CRM skills.
    Line Operational Simulation (LOS) means a training or evaluation 
session, as applicable, that is conducted in a simulated line 
environment using equipment qualified and approved for its intended 
purpose in an AQP.
    Planned hours means the estimated amount of time (as specified in a 
curriculum outline) that it takes a typical student to complete a 
segment of instruction (to include all instruction, demonstration, 
practice, and evaluation, as appropriate, to reach proficiency).
    Qualification standard means a statement of a minimum required 
performance, applicable parameters, criteria, applicable flight 
conditions, evaluation strategy, evaluation media, and applicable 
document references.
    Qualification standards document means a single document containing 
all the qualification standards for an AQP together with a prologue that 
provides a detailed description of all facets of the evaluation process.
    Special tracking means assigning a person to an augmented schedule 
of training, checking, or both.
    Training session means a contiguously scheduled period devoted to 
training activities at a facility approved by the FAA for that purpose.
    Variant means a specifically configured aircraft for which the FAA 
has identified training and qualifications that are significantly 
different from those applicable to other aircraft of the same make, 
model, and series.



Sec. 121.909  Approval of Advanced Qualification Program.

    (a) Approval process. Application for approval of an AQP curriculum 
under this subpart is made, through the FAA office responsible for 
approval of the certificate holder's operations specifications, to the 
Manager of the Advanced Qualification Program.
    (b) Approval criteria. Each AQP must have separate curriculums for 
indoctrination, qualification, and continuing qualification (including 
upgrade, transition, and requalification), as specified in Sec. Sec. 
121.911, 121.913, and 121.915. All AQP curriculums must be based on an 
instructional systems development methodology. This methodology must 
incorporate a thorough analysis of the certificate holder's operations, 
aircraft, line environment and job functions. All AQP qualification and 
continuing qualification curriculums must integrate the training and 
evaluation of CRM and technical skills and knowledge. An application for 
approval of an AQP curriculum may be approved if the program meets the 
following requirements:
    (1) The program must meet all the requirements of this subpart.

[[Page 220]]

    (2) Each indoctrination, qualification, and continuing qualification 
AQP, and derivatives must include the following documentation:
    (i) Initial application for AQP.
    (ii) Initial job task listing.
    (iii) Instructional systems development methodology.
    (iv) Qualification standards document.
    (v) Curriculum outline.
    (vi) Implementation and operations plan.
    (3) Subject to approval by the FAA, certificate holders may elect, 
where appropriate, to consolidate information about multiple programs 
within any of the documents referenced in paragraph (b)(2) of this 
section.
    (4) The Qualification Standards Document must indicate specifically 
the requirements of the parts 61, 63, 65, 121, or 135 of this chapter, 
as applicable, that would be replaced by an AQP curriculum. If a 
practical test requirement of parts 61, 63, 65, 121, or 135 of this 
chapter is replaced by an AQP curriculum, the certificate holder must 
establish an initial justification and a continuing process approved by 
the FAA to show how the AQP curriculum provides an equivalent level of 
safety for each requirement that is to be replaced.
    (c) Application and transition. Each certificate holder that applies 
for one or more advanced qualification curriculums must include as part 
of its application a proposed transition plan (containing a calendar of 
events) for moving from its present approved training to the advanced 
qualification program training.
    (d) Advanced Qualification Program revisions or rescissions of 
approval. If after a certificate holder begins training and 
qualification under an AQP, the FAA finds the certificate holder is not 
meeting the provisions of its approved AQP, the FAA may require the 
certificate holder, pursuant to Sec. 121.405(e), to make revisions. Or 
if otherwise warranted, the FAA may withdraw AQP approval and require 
the certificate holder to submit and obtain approval for a plan 
(containing a schedule of events) that the certificate holder must 
comply with and use to transition to an approved training program under 
subpart N of this part or under subpart H of part 135 of this chapter, 
as appropriate. The certificate holder may also voluntarily submit and 
obtain approval for a plan (containing a schedule of events) to 
transition to an approved training program under subpart N of this part 
or under subpart H of part 135 of this chapter, as appropriate.
    (e) Approval by the FAA. Final approval of an AQP by the FAA 
indicates the FAA has accepted the justification provided under 
paragraph (b)(4) of this section and the applicant's initial 
justification and continuing process establish an equivalent level of 
safety for each requirement of parts 61, 63, 65, 121, and 135 of this 
chapter that is being replaced.



Sec. 121.911  Indoctrination curriculum.

    Each indoctrination curriculum must include the following:
    (a) For newly hired persons being trained under an AQP: The 
certificate holder's policies and operating practices and general 
operational knowledge.
    (b) For newly hired crewmembers and aircraft dispatchers: General 
aeronautical knowledge appropriate to the duty position.
    (c) For instructors: The fundamental principles of the teaching and 
learning process; methods and theories of instruction; and the knowledge 
necessary to use aircraft, flight training devices, flight simulators, 
and other training equipment in advanced qualification curriculums, as 
appropriate.
    (d) For evaluators: General evaluation requirements of the AQP; 
methods of evaluating crewmembers and aircraft dispatchers and other 
operations personnel, as appropriate, and policies and practices used to 
conduct the kinds of evaluations particular to an AQP (e.g., LOE).



Sec. 121.913  Qualification curriculum.

    Each qualification curriculum must contain training, evaluation, and 
certification activities, as applicable for specific positions subject 
to the AQP, as follows:
    (a) The certificate holder's planned hours of training, evaluation, 
and supervised operating experience.

[[Page 221]]

    (b) For crewmembers, aircraft dispatchers, and other operations 
personnel, the following:
    (1) Training, evaluation, and certification activities that are 
aircraft- and equipment-specific to qualify a person for a particular 
duty position on, or duties related to the operation of, a specific 
make, model, series, or variant aircraft.
    (2) A list of and text describing the knowledge requirements, 
subject materials, job skills, and qualification standards of each 
proficiency objective to be trained and evaluated.
    (3) The requirements of the certificate holder's approved AQP 
program that are in addition to or in place of, the requirements of 
parts 61, 63, 65, 121 or 135 of this chapter, including any applicable 
practical test requirements.
    (4) A list of and text describing operating experience, evaluation/
remediation strategies, provisions for special tracking, and how recency 
of experience requirements will be accomplished.
    (c) For flight crewmembers: Initial operating experience and line 
check.
    (d) For instructors, the following as appropriate:
    (1) Training and evaluation activities to qualify a person to 
conduct instruction on how to operate, or on how to ensure the safe 
operation of a particular make, model, and series aircraft (or variant).
    (2) A list of and text describing the knowledge requirements, 
subject materials, job skills, and qualification standards of each 
procedure and proficiency objective to be trained and evaluated.
    (3) A list of and text describing evaluation/remediation strategies, 
standardization policies and recency requirements.
    (e) For evaluators: The requirements of paragraph (d)(1) of this 
section plus the following, as appropriate:
    (1) Training and evaluation activities that are aircraft and 
equipment specific to qualify a person to assess the performance of 
persons who operate or who ensure the safe operation of, a particular 
make, model, and series aircraft (or variant).
    (2) A list of and text describing the knowledge requirements, 
subject materials, job skills, and qualification standards of each 
procedure and proficiency objective to be trained and evaluated.
    (3) A list of and text describing evaluation/remediation strategies, 
standardization policies and recency requirements.



Sec. 121.915  Continuing qualification curriculum.

    Each continuing qualification curriculum must contain training and 
evaluation activities, as applicable for specific positions subject to 
the AQP, as follows:
    (a) Continuing qualification cycle. A continuing qualification cycle 
that ensures that during each cycle each person qualified under an AQP, 
including instructors and evaluators, will receive a mix that will 
ensure training and evaluation on all events and subjects necessary to 
ensure that each person maintains proficiency in knowledge, technical 
skills, and cognitive skills required for initial qualification in 
accordance with the approved continuing qualification AQP, evaluation/
remediation strategies, and provisions for special tracking. Each 
continuing qualification cycle must include at least the following:
    (1) Evaluation period. Initially the continuing qualification cycle 
is comprised of two or more evaluation periods of equal duration. Each 
person qualified under an AQP must receive ground training and flight 
training, as appropriate, and an evaluation of proficiency during each 
evaluation period at a training facility. The number and frequency of 
training sessions must be approved by the FAA.
    (2) Training. Continuing qualification must include training in all 
tasks, procedures and subjects required in accordance with the approved 
program documentation, as follows:
    (i) For pilots in command, seconds in command, and flight engineers, 
First Look in accordance with the certificate holder's FAA-approved 
program documentation.
    (ii) For pilots in command, seconds in command, flight engineers, 
flight attendants, instructors and evaluators: Ground training including 
a general review of knowledge and skills covered in

[[Page 222]]

qualification training, updated information on newly developed 
procedures, and safety information.
    (iii) For crewmembers, instructors, evaluators, and other 
operational personnel who conduct their duties in flight: Proficiency 
training in an aircraft, flight training device, flight simulator, or 
other equipment, as appropriate, on normal, abnormal, and emergency 
flight procedures and maneuvers.
    (iv) For dispatchers and other operational personnel who do not 
conduct their duties in flight: ground training including a general 
review of knowledge and skills covered in qualification training, 
updated information on newly developed procedures, safety related 
information, and, if applicable, a line observation program.
    (v) For instructors and evaluators: Proficiency training in the type 
flight training device or the type flight simulator, as appropriate, 
regarding training equipment operation. For instructors and evaluators 
who are limited to conducting their duties in flight simulators or 
flight training devices: Training in operational flight procedures and 
maneuvers (normal, abnormal, and emergency).
    (b) Evaluation of performance. Continuing qualification must include 
evaluation of performance on a sample of those events and major subjects 
identified as diagnostic of competence and approved for that purpose by 
the FAA. The following evaluation requirements apply:
    (1) Evaluation of proficiency as follows:
    (i) For pilots in command, seconds in command, and flight engineers: 
An evaluation of proficiency, portions of which may be conducted in an 
aircraft, flight simulator, or flight training device as approved in the 
certificate holder's curriculum that must be completed during each 
evaluation period.
    (ii) For any other persons covered by an AQP, a means to evaluate 
their proficiency in the performance of their duties in their assigned 
tasks in an operational setting.
    (2) Line checks as follows:
    (i) Except as provided in paragraph (b)(2)(ii) of this section, for 
pilots in command: A line check conducted in an aircraft during actual 
flight operations under part 121 or part 135 of this chapter or during 
operationally (line) oriented flights, such as ferry flights or proving 
flights. A line check must be completed in the calendar month at the 
midpoint of the evaluation period.
    (ii) With the FAA's approval, a no-notice line check strategy may be 
used in lieu of the line check required by paragraph (b)(2)(i) of this 
section. The certificate holder who elects to exercise this option must 
ensure the ``no-notice'' line checks are administered so the flight 
crewmembers are not notified before the evaluation. In addition, the AQP 
certificate holder must ensure that each pilot in command receives at 
least one ``no-notice'' line check every 24 months. As a minimum, the 
number of ``no-notice'' line checks administered each calendar year must 
equal at least 50% of the certificate holder's pilot-in-command 
workforce in accordance with a strategy approved by the FAA for that 
purpose. In addition, the line checks to be conducted under this 
paragraph must be conducted over all geographic areas flown by the 
certificate holder in accordance with a sampling methodology approved by 
the FAA for that purpose.
    (iii) During the line checks required under paragraph (b)(2)(i) and 
(ii) of this section, each person performing duties as a pilot in 
command, second in command, or flight engineer for that flight, must be 
individually evaluated to determine whether the person remains 
adequately trained and currently proficient with respect to the 
particular aircraft, crew position, and type of operation in which he or 
she serves; and the person has sufficient knowledge and skills to 
operate effectively as part of a crew. The evaluator must be a check 
airman, an APD, or an FAA inspector and must hold the certificates and 
ratings required of the pilot in command.
    (c) Recency of experience. For pilots in command, seconds in 
command, flight engineers, aircraft dispatchers, instructors, 
evaluators, and flight attendants, approved recency of experience 
requirements appropriate to the duty position.
    (d) Duration of cycles and periods. Initially, the continuing 
qualification cycle approved for an AQP must not exceed 24 calendar 
months in duration,

[[Page 223]]

and must include two or more evaluation periods of equal duration. After 
that, upon demonstration by a certificate holder that an extension is 
warranted, the FAA may approve an extension of the continuing 
qualification cycle to a maximum of 36 calendar months in duration.
    (e) Requalification. Each continuing qualification curriculum must 
include a curriculum segment that covers the requirements for 
requalifying a crewmember, aircraft dispatcher, other operations 
personnel, instructor, or evaluator who has not maintained continuing 
qualification.



Sec. 121.917  Other requirements.

    In addition to the requirements of Sec. Sec. 121.913 and 121.915, 
each AQP qualification and continuing qualification curriculum must 
include the following requirements:
    (a) Integrated Crew Resource Management (CRM) or Dispatcher Resource 
Management (DRM) ground and if appropriate flight training applicable to 
each position for which training is provided under an AQP.
    (b) Approved training on and evaluation of skills and proficiency of 
each person being trained under AQP to use his or her resource 
management skills and his or her technical (piloting or other) skills in 
an actual or simulated operations scenario. For flight crewmembers this 
training and evaluation must be conducted in an approved flight training 
device, flight simulator, or, if approved under this subpart, in an 
aircraft.
    (c) Data collection and analysis processes acceptable to the FAA 
that will ensure the certificate holder provides performance information 
on its crewmembers, dispatchers, instructors, evaluators, and other 
operations personnel that will enable the certificate holder and the FAA 
to determine whether the form and content of training and evaluation 
activities are satisfactorily accomplishing the overall objectives of 
the curriculum.



Sec. 121.919  Certification.

    A person subject to an AQP is eligible to receive a commercial or 
airline transport pilot, flight engineer, or aircraft dispatcher 
certificate or appropriate rating based on the successful completion of 
training and evaluation events accomplished under that program if the 
following requirements are met:
    (a) Training and evaluation of required knowledge and skills under 
the AQP must meet minimum certification and rating criteria established 
by the FAA in parts 61, 63, or 65 of this chapter. The FAA may approve 
alternatives to the certification and rating criteria of parts 61, 63, 
or 65 of this chapter, including practical test requirements, if it can 
be demonstrated that the newly established criteria or requirements 
represent an equivalent or better measure of crewmember or dispatcher 
competence, operational proficiency, and safety.
    (b) The applicant satisfactorily completes the appropriate 
qualification curriculum.
    (c) The applicant shows competence in required technical knowledge 
and skills (e.g., piloting or other) and crew resource management (e.g., 
CRM or DRM) knowledge and skills in scenarios (i.e., LOE) that test both 
types of knowledge and skills together.
    (d) The applicant is otherwise eligible under the applicable 
requirements of part 61, 63, or 65 of this chapter.
    (e) The applicant has been trained to proficiency on the certificate 
holder's approved AQP Qualification Standards as witnessed by an 
instructor, check airman, or APD and has passed an LOE administered by 
an APD or the FAA.



Sec. 121.921  Training devices and simulators.

    (a) Each flight training device or airplane simulator that will be 
used in an AQP for one of the following purposes must be evaluated by 
the FAA for assignment of a flight training device or flight simulator 
qualification level:
    (1) Required evaluation of individual or crew proficiency.
    (2) Training to proficiency or training activities that determine if 
an individual or crew is ready for an evaluation of proficiency.
    (3) Activities used to meet recency of experience requirements.
    (4) Line Operational Simulations (LOS).

[[Page 224]]

    (b) Approval of other training equipment.
    (1) Any training equipment that is intended to be used in an AQP for 
purposes other than those set forth in paragraph (a) of this section 
must be approved by the FAA for its intended use.
    (2) An applicant for approval of training equipment under this 
paragraph must identify the device by its nomenclature and describe its 
intended use.
    (3) Each training device approved for use in an AQP must be part of 
a continuing program to provide for its serviceability and fitness to 
perform its intended function as approved by the FAA.



Sec. 121.923  Approval of training, qualification, or evaluation by 
a person who provides training by arrangement.

    (a) A certificate holder operating under part 121 or part 135 of 
this chapter may arrange to have AQP training, qualification, 
evaluation, or certification functions performed by another person (a 
``training provider'') if the following requirements are met:
    (1) The training provider is certificated under part 119 or 142 of 
this chapter.
    (2) The training provider's AQP training and qualification 
curriculums, curriculum segments, or portions of curriculum segments 
must be provisionally approved by the FAA. A training provider may apply 
for provisional approval independently or in conjunction with a 
certificate holder's application for AQP approval. Application for 
provisional approval must be made, through the FAA office directly 
responsible for oversight of the training provider, to the Manager of 
the Advanced Qualification Program.
    (3) The specific use of provisionally approved curriculums, 
curriculum segments, or portions of curriculum segments in a certificate 
holder's AQP must be approved by the FAA as set forth in Sec. 121.909.
    (b) An applicant for provisional approval of a curriculum, 
curriculum segment, or portion of a curriculum segment under this 
paragraph must show the following requirements are met:
    (1) The applicant must have a curriculum for the qualification and 
continuing qualification of each instructor and evaluator used by the 
applicant.
    (2) The applicant's facilities must be found by the FAA to be 
adequate for any planned training, qualification, or evaluation for a 
certificate holder operating under part 121 or part 135 of this chapter.
    (3) Except for indoctrination curriculums, the curriculum, 
curriculum segment, or portion of a curriculum segment must identify the 
specific make, model, and series aircraft (or variant) and crewmember or 
other positions for which it is designed.
    (c) A certificate holder who wants approval to use a training 
provider's provisionally approved curriculum, curriculum segment, or 
portion of a curriculum segment in its AQP, must show the following 
requirements are met:
    (1) Each instructor or evaluator used by the training provider must 
meet all the qualification and continuing qualification requirements 
that apply to employees of the certificate holder that has arranged for 
the training, including knowledge of the certificate holder's 
operations.
    (2) Each provisionally approved curriculum, curriculum segment, or 
portion of a curriculum segment must be approved by the FAA for use in 
the certificate holder's AQP. The FAA will either provide approval or 
require modifications to ensure that each curriculum, curriculum 
segment, or portion of a curriculum segment is applicable to the 
certificate holder's AQP.



Sec. 121.925  Recordkeeping requirements.

    Each certificate holder conducting an approved AQP must establish 
and maintain records in sufficient detail to demonstrate the certificate 
holder is in compliance with all the requirements of the AQP and this 
subpart.



             Subpart Z_Hazardous Materials Training Program

    Source: Doc. No. FAA-2003-15085, 70 FR 58823, Nov. 7, 2005, unless 
otherwise noted.

[[Page 225]]



Sec. 121.1001  Applicability and definitions.

    (a) This subpart prescribes the requirements applicable to each 
certificate holder for training each crewmember and person performing or 
directly supervising any of the following job functions involving any 
item for transport on board an aircraft:
    (1) Acceptance;
    (2) Rejection;
    (3) Handling;
    (4) Storage incidental to transport;
    (5) Packaging of company material; or
    (6) Loading.
    (b) Definitions. For purposes of this subpart, the following 
definitions apply:
    (1) Company material (COMAT)--Material owned or used by a 
certificate holder.
    (2) Initial hazardous materials training--The basic training 
required for each newly hired person, or each person changing job 
functions, who performs or directly supervises any of the job functions 
specified in paragraph (a) of this section.
    (3) Recurrent hazardous materials training--The training required 
every 24 months for each person who has satisfactorily completed the 
certificate holder's approved initial hazardous materials training 
program and performs or directly supervises any of the job functions 
specified in paragraph (a) of this section.



Sec. 121.1003  Hazardous materials training: General.

    (a) Each certificate holder must establish and implement a hazardous 
materials training program that:
    (1) Satisfies the requirements of Appendix O of this part;
    (2) Ensures that each person performing or directly supervising any 
of the job functions specified in Sec. 121.1001(a) is trained to comply 
with all applicable parts of 49 CFR parts 171 through 180 and the 
requirements of this subpart; and
    (3) Enables the trained person to recognize items that contain, or 
may contain, hazardous materials regulated by 49 CFR parts 171 through 
180.
    (b) Each certificate holder must provide initial hazardous materials 
training and recurrent hazardous materials training to each crewmember 
and person performing or directly supervising any of the job functions 
specified in Sec. 121.1001(a).
    (c) Each certificate holder's hazardous materials training program 
must be approved by the FAA prior to implementation.



Sec. 121.1005  Hazardous materials training required.

    (a) Training requirement. Except as provided in paragraphs (b), (c) 
and (f) of this section, no certificate holder may use any crewmember 
orperson to perform any of the job functions or direct supervisory 
responsibilities, and no person may perform any of the job functions or 
direct supervisory responsibilities, specified in Sec. 121.1001(a) 
unless that person has satisfactorily completed the certificate holder's 
FAA-approved initial or recurrent hazardous materials training program 
within the past 24 months.
    (b) New hire or new job function. A person who is a new hire and has 
not yet satisfactorily completed the required initial hazardous 
materials training, or a person who is changing job functions and has 
not received initial or recurrent training for a job function involving 
storage incidental to transport, or loading of items for transport on an 
aircraft, may perform those job functions for not more than 30 days from 
the date of hire or a change in job function, if the person is under the 
direct visual supervision of a person who is authorized by the 
certificate holder to supervise that person and who has successfully 
completed the certificate holder's FAA-approved initial or recurrent 
training program within the past 24 months.
    (c) Persons who work for more than one certificate holder. A 
certificate holder that uses or assigns a person to perform or directly 
supervise a job function specified in Sec. 121.1001(a), when that 
person also performs or directly supervises the same job function for 
another certificate holder, need only train that person in its own 
policies and procedures regarding those job functions, if all of the 
following are met:
    (1) The certificate holder using this exception receives written 
verification

[[Page 226]]

from the person designated to hold the training records representing the 
other certificate holder that the person has satisfactorily completed 
hazardous materials training for the specific job function under the 
other certificate holder's FAA approved hazardous material training 
program under Appendix O of this part; and
    (2) The certificate holder who trained the person has the same 
operations specifications regarding the acceptance, handling, and 
transport of hazardous materials as the certificate holder using this 
exception.
    (d) Recurrent hazardous materials training--Completion date. A 
person who satisfactorily completes recurrent hazardous materials 
training in the calendar month before, or the calendar month after, the 
month in which the recurrent training is due, is considered to have 
taken that training during the month in which it is due. If the person 
completes this training earlier than the month before it is due, the 
month of the completion date becomes his or her new anniversary month.
    (e) Repair stations. A certificate holder must ensure that each 
repair station performing work for, or on the certificate holder's 
behalf is notified in writing of the certificate holder's policies and 
operations specification authorization permitting or prohibition against 
the acceptance, rejection, handling, storage incidental to transport, 
and transportation of hazardous materials, including company material. 
This notification requirement applies only to repair stations that are 
regulated by 49 CFR parts 171 through 180.
    (f) Certificate holders operating at foreign locations. This 
exception applies if a certificate holder operating at a foreign 
location where the country requires the certificate holder to use 
persons working in that country to load aircraft. In such a case, the 
certificate holder may use those persons even if they have not been 
trained in accordance with the certificate holder's FAA approved 
hazardous materials training program. Those persons, however, must be 
under the direct visual supervision of someone who has successfully 
completed the certificate holder's approved initial or recurrent 
hazardous materials training program in accordance with this part. This 
exception applies only to those persons who load aircraft.



Sec. 121.1007  Hazardous materials training records.

    (a) General requirement. Each certificate holder must maintain a 
record of all training required by this part received within the 
preceding three years for each person who performs or directly 
supervises a job function specified in Sec. 121.1001(a). The record 
must be maintained during the time that the person performs or directly 
supervises any of those job functions, and for 90 days thereafter. These 
training records must be kept for direct employees of the certificate 
holder, as well as independent contractors, subcontractors, and any 
other person who performs or directly supervises these job functions for 
or on behalf of the certificate holder.
    (b) Location of records. The certificate holder must retain the 
training records required by paragraph (a) of this section for all 
initial and recurrent training received within the preceding 3 years for 
all persons performing or directly supervising the job functions listed 
in Appendix O at a designated location. The records must be available 
upon request at the location where the trained person performs or 
directly supervises the job function specified in Sec. 121.1001(a). 
Records may be maintained electronically and provided on location 
electronically. When the person ceases to perform or directly supervise 
a hazardous materials job function, the certificate holder must retain 
the hazardous materials training records for an additional 90 days and 
make them available upon request at the last location where the person 
worked.
    (c) Content of records. Each record must contain the following:
    (1) The individual's name;
    (2) The most recent training completion date;
    (3) A description, copy or reference to training materials used to 
meet the training requirement;
    (4) The name and address of the organization providing the training; 
and
    (5) A copy of the certification issued when the individual was 
trained, which

[[Page 227]]

shows that a test has been completed satisfactorily.
    (d) New hire or new job function. Each certificate holder using a 
person under the exception in Sec. 121.1005(b) must maintain a record 
for that person. The records must be available upon request at the 
location where the trained person performs or directly supervises the 
job function specified in Sec. 121.1001(a). Records may be maintained 
electronically and provided on location electronically. The record must 
include the following:
    (1) A signed statement from an authorized representative of the 
certificate holder authorizing the use of the person in accordance with 
the exception;
    (2) The date of hire or change in job function;
    (3) The person's name and assigned job function;
    (4) The name of the supervisor of the job function; and
    (5) The date the person is to complete hazardous materials training 
in accordance with appendix O of this part.



       Subpart AA_Continued Airworthiness and Safety Improvements

    Source: Amdt. 121-336, 72 FR 63411, Nov. 8, 2007, unless otherwise 
noted.



Sec. 121.1101  Purpose and definition.

    (a) This subpart requires persons holding an air carrier or 
operating certificate under part 119 of this chapter to support the 
continued airworthiness of each airplane. These requirements may 
include, but are not limited to, revising the maintenance program, 
incorporating design changes, and incorporating revisions to 
Instructions for Continued Airworthiness.
    (b) For purposes of this subpart, the ``FAA Oversight Office'' is 
the aircraft certification office or office of the Transport Airplane 
Directorate with oversight responsibility for the relevant type 
certificate or supplemental type certificate, as determined by the 
Administrator.



Sec. 121.1103  [Reserved]



Sec. 121.1105  Aging airplane inspections and records reviews.

    (a) Applicability. This section applies to all airplanes operated by 
a certificate holder under this part, except for those airplanes 
operated between any point within the State of Alaska and any other 
point within the State of Alaska.
    (b) Operation after inspection and records review. After the dates 
specified in this paragraph, a certificate holder may not operate an 
airplane under this part unless the Administrator has notified the 
certificate holder that the Administrator has completed the aging 
airplane inspection and records review required by this section. During 
the inspection and records review, the certificate holder must 
demonstrate to the Administrator that the maintenance of age-sensitive 
parts and components of the airplane has been adequate and timely enough 
to ensure the highest degree of safety.
    (1) Airplanes exceeding 24 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has exceeded 24 years in service on December 8, 2003, no later than 
December 5, 2007, and thereafter at intervals not to exceed 7 years.
    (2) Airplanes exceeding 14 years in service but not 24 years in 
service on December 8, 2003; initial and repetitive inspections and 
records reviews. For an airplane that has exceeded 14 years in service 
but not 24 years in service on December 8, 2003, no later than December 
4, 2008, and thereafter at intervals not to exceed 7 years.
    (3) Airplanes not exceeding 14 years in service on December 8, 2003; 
initial and repetitive inspections and records reviews. For an airplane 
that has not exceeded 14 years in service on December 8, 2003, no later 
than 5 years after the start of the airplane's 15th year in service and 
thereafter at intervals not to exceed 7 years.
    (c) Unforeseen schedule conflict. In the event of an unforeseen 
scheduling conflict for a specific airplane, the Administrator may 
approve an extension of up to 90 days beyond an interval specified in 
paragraph (b) of this section.

[[Page 228]]

    (d) Airplane and records availability. The certificate holder must 
make available to the Administrator each airplane for which an 
inspection and records review is required under this section, in a 
condition for inspection specified by the Administrator, together with 
records containing the following information:
    (1) Total years in service of the airplane;
    (2) Total time in service of the airframe;
    (3) Total flight cycles of the airframe;
    (4) Date of the last inspection and records review required by this 
section;
    (5) Current status of life-limited parts of the airframe;
    (6) Time since the last overhaul of all structural components 
required to be overhauled on a specific time basis;
    (7) Current inspection status of the airplane, including the time 
since the last inspection required by the inspection program under which 
the airplane is maintained;
    (8) Current status of applicable airworthiness directives, including 
the date and methods of compliance, and if the airworthiness directive 
involves recurring action, the time and date when the next action is 
required;
    (9) A list of major structural alterations; and
    (10) A report of major structural repairs and the current inspection 
status for those repairs.
    (e) Notification to Administrator. Each certificate holder must 
notify the Administrator at least 60 days before the date on which the 
airplane and airplane records will be made available for the inspection 
and records review.

[Doc. No. FAA-1999-5401, 67 FR 72761, Dec. 6, 2002, as amended by Amdt. 
121-284, 70 FR 5532, Feb. 2, 2005; Amdt. 121-310, 70 FR 23936, May 6, 
2005. Redesignated by Amdt. 121-336, 72 FR 63412, Nov. 8, 2007]



Sec. 121.1107  Repairs assessment for pressurized fuselages.

    (a) No certificate holder may operate an Airbus Model A300 
(excluding the -600 series), British Aerospace Model BAC 1-11, Boeing 
Model 707, 720, 727, 737, or 747, McDonnel Douglas Model DC-8, DC-9/MD-
80 or DC-10, Fokker Model F28, or Lockheed Model L-1011 airplane beyond 
the applicable flight cycle implementation time specified below, or May 
25, 2001, whichever occurs later, unless operations specifications have 
been issued to reference repair assessment guidelines applicable to the 
fuselage pressure boundary (fuselage skin, door skin, and bulkhead 
webs), and those guidelines are incorporated in its maintenance program. 
The repair assessment guidelines 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.
    (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.

[[Page 229]]

    (12) For the Fokker F-28 Mark 1000, 2000, 3000, and 4000, the flight 
cycle implementation time is 60,000 flights.
    (b) [Reserved]

[Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65 FR 50744, Aug. 21, 2000, 
as amended by Amdt. 121-282, 66 FR 23130, May 7, 2001; ; Amdt. 121-305, 
69 FR 45942, July 30, 2004. Redesignated and amended by Amdt. 121-336, 
72 FR 63412, Nov. 8, 2007]



Sec. 121.1109  Supplemental inspections.

    (a) Applicability. Except as specified in paragraph (b) of this 
section, this section applies to transport category, turbine powered 
airplanes with a type certificate issued after January 1, 1958, that as 
a result of original type certification or later increase in capacity 
have--
    (1) A maximum type certificated passenger seating capacity of 30 or 
more; or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) Exception. This section does not apply to an airplane operated 
by a certificate holder under this part between any point within the 
State of Alaska and any other point within the State of Alaska.
    (c) General requirements. After December 20, 2010, a certificate 
holder may not operate an airplane under this part unless the following 
requirements have been met:
    (1) Baseline Structure. The certificate holder's maintenance program 
for the airplane includes FAA-approved damage-tolerance-based 
inspections and procedures for airplane structure susceptible to fatigue 
cracking that could contribute to a catastrophic failure. For the 
purpose of this section, this structure is termed ``fatigue critical 
structure.''
    (2) Adverse effects of repairs, alterations, and modifications. The 
maintenance program for the airplane includes a means for addressing the 
adverse effects repairs, alterations, and modifications may have on 
fatigue critical structure and on inspections required by paragraph 
(c)(1) of this section. The means for addressing these adverse effects 
must be approved by the FAA Oversight Office.
    (3) Changes to maintenance program. The changes made to the 
maintenance program required by paragraphs (c)(1) and (c)(2) of this 
section, and any later revisions to these changes, must be submitted to 
the Principal Maintenance Inspector for review and approval.

[Doc. No. FAA-1999-5401, 70 FR 5532, Feb. 2, 2005. Redesignated by Amdt. 
121-336, 72 FR 63412, Nov. 8, 2007; Amdt. 121-337, 72 FR 70508, Dec. 12, 
2007]



Sec. 121.1111  Electrical wiring interconnection systems (EWIS) 
maintenance program.

    (a) Except as provided in paragraph (f) of this section, this 
section applies to transport category, turbine-powered airplanes with a 
type certificate issued after January 1, 1958, that, as a result of 
original type certification or later increase in capacity, have--
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7500 pounds or more.
    (b) After March 10, 2011, no certificate holder may operate an 
airplane identified in paragraph (a) of this section unless the 
maintenance program for that airplane includes inspections and 
procedures for electrical wiring interconnection systems (EWIS).
    (c) The proposed EWIS maintenance program changes must be based on 
EWIS Instructions for Continued Airworthiness (ICA) that have been 
developed in accordance with the provisions of Appendix H of part 25 of 
this chapter applicable to each affected airplane (including those ICA 
developed for supplemental type certificates installed on each airplane) 
and that have been approved by the FAA Oversight Office.
    (1) For airplanes subject to Sec. 26.11 of this chapter, the EWIS 
ICA must comply with paragraphs H25.5(a)(1) and (b).
    (2) For airplanes subject to Sec. 25.1729 of this chapter, the EWIS 
ICA must comply with paragraph H25.4 and all of paragraph H25.5.
    (d) After March 10, 2011, before returning an airplane to service 
after any alterations for which EWIS ICA are developed, the certificate 
holder must include in the airplane's maintenance program inspections 
and procedures for EWIS based on those ICA.
    (e) The EWIS maintenance program changes identified in paragraphs 
(c)

[[Page 230]]

and (d) of this section and any later EWIS revisions must be submitted 
to the Principal Inspector for review and approval.
    (f) This section does not apply to the following airplane models:

(1) Lockheed L-188
(2) Bombardier CL-44
(3) Mitsubishi YS-11
(4) British Aerospace BAC 1-11
(5) Concorde
(6) deHavilland D.H. 106 Comet 4C
(7) VFW-Vereinigte Flugtechnische Werk VFW-614
(8) Illyushin Aviation IL 96T
(9) Bristol Aircraft Britannia 305
(10) Handley Page Herald Type 300
(11) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(12) Airbus Caravelle
(13) Lockheed L-300



Sec. 121.1113  Fuel tank system maintenance program.

    (a) Except as provided in paragraph (g) of this section, this 
section applies to transport category, turbine-powered airplanes with a 
type certificate issued after January 1, 1958, that, as a result of 
original type certification or later increase in capacity, have--
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7500 pounds or more.
    (b) For each airplane on which an auxiliary fuel tank is installed 
under a field approval, before June 16, 2008, the certificate holder 
must submit to the FAA Oversight Office proposed maintenance 
instructions for the tank that meet the requirements of Special Federal 
Aviation Regulation No. 88 (SFAR 88) of this chapter.
    (c) After December 16, 2008, no certificate holder may operate an 
airplane identified in paragraph (a) of this section unless the 
maintenance program for that airplane has been revised to include 
applicable inspections, procedures, and limitations for fuel tanks 
systems.
    (d) The proposed fuel tank system maintenance program revisions must 
be based on fuel tank system Instructions for Continued Airworthiness 
(ICA) that have been developed in accordance with the applicable 
provisions of SFAR 88 of this chapter or Sec. 25.1529 and part 25, 
Appendix H, of this chapter, in effect on June 6, 2001 (including those 
developed for auxiliary fuel tanks, if any, installed under supplemental 
type certificates or other design approval) and that have been approved 
by the FAA Oversight Office.
    (e) After December 16, 2008, before returning an aircraft to service 
after any alteration for which fuel tank ICA are developed under SFAR 88 
or under Sec. 25.1529 in effect on June 6, 2001, the certificate holder 
must include in the maintenance program for the airplane inspections and 
procedures for the fuel tank system based on those ICA.
    (f) The fuel tank system maintenance program changes identified in 
paragraphs (d) and (e) of this section and any later fuel tank system 
revisions must be submitted to the Principal Inspector for review and 
approval.
    (g) This section does not apply to the following airplane models:

(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614
(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300
(8) Avions Marcel Dassault--Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300



Sec. 121.1115  Limit of validity.

    (a) Applicability. This section applies to certificate holders 
operating any transport category, turbine-powered airplane with a 
maximum takeoff gross weight greater than 75,000 pounds and a type 
certificate issued after January 1, 1958, regardless of whether the 
maximum takeoff gross weight is a result of an original type certificate 
or a later design change. This section also applies to certificate 
holders operating any transport category, turbine-powered airplane with 
a type certificate issued after January 1, 1958, regardless of the 
maximum takeoff gross weight, for which a limit of validity of the 
engineering data that supports the structural maintenance program 
(hereafter referred to as LOV) is required in accordance with Sec. 
25.571 or Sec. 26.21 of this chapter after January 14, 2011.

[[Page 231]]

    (b) Limit of validity. No certificate holder may operate an airplane 
identified in paragraph (a) of this section after the applicable date 
identified in Table 1 of this section unless an Airworthiness 
Limitations section approved under Appendix H to part 25 or Sec. 26.21 
of this chapter is incorporated into its maintenance program. The ALS 
must--
    (1) Include an LOV approved under Sec. 25.571 or Sec. 26.21 of 
this chapter, as applicable, except as provided in paragraph (f) of this 
section; and
    (2) Be clearly distinguishable within its maintenance program.
    (c) Operation of airplanes excluded from Sec. 26.21. No certificate 
holder may operate an airplane identified in Sec. 26.21(g) of this 
chapter after July 14, 2013, unless an Airworthiness Limitations section 
approved under Appendix H to part 25 or Sec. 26.21 of this chapter is 
incorporated into its maintenance program. The ALS must--
    (1) Include an LOV approved under Sec. 25.571 or Sec. 26.21 of 
this chapter, as applicable, except as provided in paragraph (f) of this 
section; and
    (2) Be clearly distinguishable within its maintenance program.
    (d) Extended limit of validity. No certificate holder may operate an 
airplane beyond the LOV, or extended LOV, specified in paragraph (b)(1), 
(c), (d), or (f) of this section, as applicable, unless the following 
conditions are met:
    (1) An ALS must be incorporated into its maintenance program that--
    (i) Includes an extended LOV and any widespread fatigue damage 
airworthiness limitation items approved under Sec. 26.23 of this 
chapter; and
    (ii) Is approved under Sec. 26.23 of this chapter.
    (2) The extended LOV and the airworthiness limitation items 
pertaining to widespread fatigue damage must be clearly distinguishable 
within its maintenance program.
    (e) Principal Maintenance Inspector approval. Certificate holders 
must submit the maintenance program revisions required by paragraphs 
(b), (c), and (d) of this section to the Principal Maintenance Inspector 
for review and approval.
    (f) Exception. For any airplane for which an LOV has not been 
approved as of the applicable compliance date specified in paragraph (c) 
or Table 1 of this section, instead of including an approved LOV in the 
ALS, an operator must include the applicable default LOV specified in 
Table 1 or Table 2 of this section, as applicable, in the ALS.

               Table 1--Airplanes Subject to Sec. 26.21
------------------------------------------------------------------------
                                Compliance date--
                                   months after    Default LOV  [flight
        Airplane model          January 14, 2011  cycles (FC)  or flight
                                                        hours (FH)]
------------------------------------------------------------------------
Airbus--Existing\1\ Models
 Only:
    A300 B2-1A, B2-1C, B2K-3C,  30..............  48,000 FC
     B2-203.
    A300 B4-2C, B4-103........  30..............  40,000 FC
    A300 B4-203...............  30..............  34,000 FC
    A300-600 Series...........  30..............  30,000 FC/67,500 FH
    A310-200 Series...........  30..............  40,000 FC/60,000 FH
    A310-300 Series...........  30..............  35,000 FC/60,000 FH
    A318 Series...............  60..............  48,000 FC/60,000 FH
    A319 Series...............  60..............  48,000 FC/60,000 FH
    A320-100 Series...........  60..............  48,000 FC/48,000 FH
    A320-200 Series...........  60..............  48,000 FC/60,000 FH
    A321 Series...............  60..............  48,000 FC/60,000 FH
    A330-200, -300 Series       60..............  40,000 FC/60,000 FH
     (except WV050 family)
     (non enhanced).
    A330-200, -300 Series       60..............  33,000 FC/100,000 FH
     WV050 family (enhanced).
    A330-200 Freighter Series.  60..............  See NOTE.
    A340-200, -300 Series       60..............  20,000 FC/80,000 FH
     (except WV 027 and WV050
     family) (non enhanced).
    A340-200, -300 Series WV    60..............  30,000 FC/60,000 FH
     027 (non enhanced).
    A340-300 Series WV050       60..............  20,000 FC/100,000 FH
     family (enhanced).
    A340-500, -600 Series.....  60..............  16,600 FC/100,000 FH
    A380-800 Series...........  72..............  See NOTE.
Boeing--Existing\1\ Models
 Only:
    717.......................  60..............  60,000 FC/60,000 FH
    727 (all series)..........  30..............  60,000 FC
    737 (Classics): 737-100, -  30..............  75,000 FC
     200, -200C, -300, -400, -
     500.
    737 (NG): 737-600, -700, -  60..............  75,000 FC
     700C, -800, -900, -900ER.

[[Page 232]]

 
    747 (Classics): 747-100, -  30..............  20,000 FC
     100B, -100B SUD, -200B, -
     200C, -200F, -300, 747SP,
     747SR.
    747-400: 747-400, -400D, -  60..............  20,000 FC
     400F.
    757.......................  60..............  50,000 FC
    767.......................  60..............  50,000 FC
    777-200, -300.............  60..............  40,000 FC
    777-200LR, 777-300ER......  72..............  40,000 FC
    777F......................  72..............  11,000 FC
Bombardier--Existing\1\ Models
 Only:
    CL-600: 2D15 (Regional Jet  72..............  60,000 FC
     Series 705), 2D24
     (Regional Jet Series 900).
Embraer--Existing\1\ Models
 Only:
    ERJ 170...................  72..............  See NOTE.
    ERJ 190...................  72..............  See NOTE.
Fokker--Existing\1\ Models
 Only:
    F.28 Mark 0070, Mark 0100.  30..............  90,000 FC
Lockheed--Existing\1\ Models
 Only:
    L-1011....................  30..............  36,000 FC
    188.......................  30..............  26,600 FC
    382 (all series)..........  30..............  20,000 FC/50,000 FH
McDonnell Douglas--Existing\1\
 Models Only:
    DC-8, -8F.................  30..............  50,000 FC/50,000 FH
    DC-9 (except for MD-80      30..............  100,000 FC/100,000 FH
     models).
    MD-80 (DC-9-81, -82, -83, - 30..............  50,000 FC/50,000 FH
     87, MD-88).
    MD-90.....................  60..............  60,000 FC/90,000 FH
    DC-10-10, -15.............  30..............  42,000 FC/60,000 FH
    DC-10-30, -40, -10F, -30F,  30..............  30,000 FC/60,000 FH
     -40F.
    MD-10-10F.................  60..............  42,000 FC/60,000 FH
    MD-10-30F.................  60..............  30,000 FC/60,000 FH
    MD-11, MD-11F.............  60..............  20,000 FC/60,000 FH
Maximum Takeoff Gross Weight
 Changes:
    All airplanes whose         30, or within 12  Not applicable.
     maximum takeoff gross       months after
     weight has been decreased   the LOV is
     to 75,000 pounds or below   approved, or
     after January 14, 2011 or   before
     increased to greater than   operating the
     75,000 pounds at any time   airplane,
     by an amended type          whichever
     certificate or              occurs latest.
     supplemental type
     certificate.
All Other Airplane Models (TCs  72, or within 12  Not applicable.
 and amended TCs) not Listed     months after
 in Table 2.                     the LOV is
                                 approved, or
                                 before
                                 operating the
                                 airplane,
                                 whichever
                                 occurs latest.
------------------------------------------------------------------------
\1\ Type certificated as of January 14, 2011.

    Note: Airplane operation limitation is stated in the Airworthiness 
Limitation section.

                                  Table 2--Airplanes Excluded from Sec. 26.21
----------------------------------------------------------------------------------------------------------------
                                                                     Default LOV  [flight cycles (FC)  or flight
                          Airplane model                                             hours (FH)]
----------------------------------------------------------------------------------------------------------------
Airbus:
    Caravelle.....................................................  15,000 FC/24,000 FH
Avions Marcel Dassault:
    Breguet Aviation Mercure 100C.................................  20,000 FC/16,000 FH
Boeing:
    Boeing 707 (-100 Series and -200 Series)......................  20,000 FC
    Boeing 707 (-300 Series and -400 Series)......................  20,000 FC
    Boeing 720....................................................  30,000 FC
Bombardier:
    CL-44D4 and CL-44J............................................  20,000 FC
    BD-700........................................................  15,000 FH
Bristol Aeroplane Company:
    Britannia 305.................................................  10,000 FC
British Aerospace Airbus, Ltd.:
    BAC 1-11 (all models).........................................  85,000 FC
British Aerospace (Commercial Aircraft) Ltd.:
    Armstrong Whitworth Argosy A.W. 650 Series 101................  20,000 FC
BAE Systems (Operations) Ltd.:
    BAe 146-100A (all models).....................................  50,000 FC

[[Page 233]]

 
    BAe 146-200-07................................................  50,000 FC
    BAe 146-200-07 Dev............................................  50,000 FC
    BAe 146-200-11................................................  50,000 FC
    BAe 146-200-07A...............................................  47,000 FC
    BAe 146-200-11 Dev............................................  43,000 FC
    BAe 146-300 (all models)......................................  40,000 FC
    Avro 146-RJ70A (all models)...................................  40,000 FC
    Avro 146-RJ85A and 146-RJ100A (all models)....................  50,000 FC
D & R Nevada, LLC:
    Convair Model 22..............................................  1,000 FC/1,000 FH
    Convair Model 23M.............................................  1,000 FC/1,000 FH
deHavilland Aircraft Company, Ltd.:
    D.H. 106 Comet 4C.............................................  8,000 FH
Gulfstream:
    GV............................................................  40,000 FH
    GV-SP.........................................................  40,000 FH
Ilyushin Aviation Complex:
    IL-96T........................................................  10,000 FC/30,000 FH
Lockheed:
    300-50A01 (USAF C 141A).......................................  20,000 FC
----------------------------------------------------------------------------------------------------------------


[Doc. No. FAA-2006-24281, 75 FR 69785, Nov. 15, 2010]



Sec. 121.1117  Flammability reduction means.

    (a) Applicability. Except as provided in paragraph (o) of this 
section, this section applies to transport category, turbine-powered 
airplanes with a type certificate issued after January 1, 1958, that, as 
a result of original type certification or later increase in capacity 
have:
    (1) A maximum type-certificated passenger capacity of 30 or more, or
    (2) A maximum payload capacity of 7,500 pounds or more.
    (b) New Production Airplanes. Except in accordance with Sec. 
121.628, no certificate holder may operate an airplane identified in 
Table 1 of this section (including all-cargo airplanes) for which the 
State of Manufacture issued the original certificate of airworthiness or 
export airworthiness approval after December 27, 2010 unless an Ignition 
Mitigation Means (IMM) or Flammability Reduction Means (FRM) meeting the 
requirements of Sec. 26.33 of this chapter is operational.

                                 Table 1
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series                               A318, A319, A320, A321 Series
737 Series                               A330, A340 Series
777 Series
767 Series
------------------------------------------------------------------------

    (c) Auxiliary Fuel Tanks. After the applicable date stated in 
paragraph (e) of this section, no certificate holder may operate any 
airplane subject to Sec. 26.33 of this chapter that has an Auxiliary 
Fuel Tank installed pursuant to a field approval, unless the following 
requirements are met:
    (1) The certificate holder complies with 14 CFR 26.35 by the 
applicable date stated in that section.
    (2) The certificate holder installs Flammability Impact Mitigation 
Means (FIMM), if applicable, that is approved by the FAA Oversight 
Office.
    (3) Except in accordance with Sec. 121.628, the FIMM, if 
applicable, is operational.
    (d) Retrofit. Except as provided in paragraphs (j), (k), and (l) of 
this section, after the dates specified in paragraph (e) of this 
section, no certificate holder may operate an airplane to which this 
section applies unless the requirements of paragraphs (d)(1) and (d)(2) 
of this section are met.
    (1) IMM, FRM or FIMM, if required by Sec. Sec. 26.33, 26.35, or 
26.37 of this chapter, that are approved by the FAA Oversight Office, 
are installed within the compliance times specified in paragraph (e) of 
this section.
    (2) Except in accordance with Sec. 121.628, the IMM, FRM or FIMM, 
as applicable, are operational.

[[Page 234]]

    (e) Compliance Times. Except as provided in paragraphs (k) and (l) 
of this section, the installations required by paragraph (d) of this 
section must be accomplished no later than the applicable dates 
specified in paragraph (e)(1), (e)(2), or (e)(3) of this section.
    (1) Fifty percent of each certificate holder's fleet identified in 
paragraph (d)(1) of this section must be modified no later than December 
26, 2014.
    (2) One hundred percent of each certificate holder's fleet 
identified in paragraph (d)(1) of this section must be modified no later 
than December 26, 2017.
    (3) For those certificate holders that have only one airplane of a 
model identified in Table 1 of this section, the airplane must be 
modified no later than December 26, 2017.
    (f) Compliance After Installation. Except in accordance with Sec. 
121.628, no certificate holder may--
    (1) Operate an airplane on which IMM or FRM has been installed 
before the dates specified in paragraph (e) of this section unless the 
IMM or FRM is operational, or
    (2) Deactivate or remove an IMM or FRM once installed unless it is 
replaced by a means that complies with paragraph (d) of this section.
    (g) Maintenance Program Revisions. No certificate holder may operate 
an airplane for which airworthiness limitations have been approved by 
the FAA Oversight Office in accordance with Sec. Sec. 26.33, 26.35, or 
26.37 of this chapter after the airplane is modified in accordance with 
paragraph (d) of this section unless the maintenance program for that 
airplane is revised to include those applicable airworthiness 
limitations.
    (h) After the maintenance program is revised as required by 
paragraph (g) of this section, before returning an airplane to service 
after any alteration for which airworthiness limitations are required by 
Sec. Sec. 25.981, 26.33, or 26.37 of this chapter, the certificate 
holder must revise the maintenance program for the airplane to include 
those airworthiness limitations.
    (i) The maintenance program changes identified in paragraphs (g) and 
(h) of this section must be submitted to the operator's Principal 
Maintenance Inspector responsible for review and approval prior to 
incorporation.
    (j) The requirements of paragraph (d) of this section do not apply 
to airplanes operated in all-cargo service, but those airplanes are 
subject to paragraph (f) of this section.
    (k) The compliance dates specified in paragraph (e) of this section 
may be extended by one year, provided that--
    (1) No later than March 26, 2009, the certificate holder notifies 
its assigned Flight Standards Office or Principal Inspector that it 
intends to comply with this paragraph;
    (2) No later than June 24, 2009, the certificate holder applies for 
an amendment to its operations specification in accordance with Sec. 
119.51 of this chapter and revises the manual required by Sec. 121.133 
to include a requirement for the airplane models specified in Table 2 of 
this section to use ground air conditioning systems for actual gate 
times of more than 30 minutes, when available at the gate and 
operational, whenever the ambient temperature exceeds 60 degrees 
Fahrenheit; and
    (3) Thereafter, the certificate holder uses ground air conditioning 
systems as described in paragraph (k)(2) of this section on each 
airplane subject to the extension.

                                 Table 2
------------------------------------------------------------------------
             Model--Boeing                        Model--Airbus
------------------------------------------------------------------------
747 Series                               A318, A319, A320, A321 Series
737 Series                               A300, A310 Series
777 Series                               A330, A340 Series
767 Series
757 Series
------------------------------------------------------------------------

    (l) For any certificate holder for which the operating certificate 
is issued after December 26, 2008, the compliance date specified in 
paragraph (e) of this section may be extended by one year, provided that 
the certificate holder meets the requirements of paragraph (k)(2) of 
this section when its initial operations specifications are issued and, 
thereafter, uses ground air conditioning systems as described in 
paragraph (k)(2) of this section on each airplane subject to the 
extension.
    (m) After the date by which any person is required by this section 
to modify 100 percent of the affected fleet, no

[[Page 235]]

certificate holder may operate in passenger service any airplane model 
specified in Table 2 of this section unless the airplane has been 
modified to comply with Sec. 26.33(c) of this chapter.
    (n) No certificate holder may operate any airplane on which an 
auxiliary fuel tank is installed after December 26, 2017 unless the FAA 
has certified the tank as compliant with Sec. 25.981 of this chapter, 
in effect on December 26, 2008.
    (o) Exclusions. The requirements of this section do not apply to the 
following airplane models:
    (1) Convair CV-240, 340, 440, including turbine powered conversions.
    (2) Lockheed L-188 Electra.
    (3) Vickers VC-10.
    (4) Douglas DC-3, including turbine powered conversions.
    (5) Bombardier CL-44.
    (6) Mitsubishi YS-11.
    (7) BAC 1-11.
    (8) Concorde.
    (9) deHavilland D.H. 106 Comet 4C.
    (10) VFW--Vereinigte Flugtechnische VFW-614.
    (11) Illyushin Aviation IL 96T.
    (12) Bristol Aircraft Britannia 305.
    (13) Handley Page Herald Type 300.
    (14) Avions Marcel Dassault--Breguet Aviation Mercure 100C.
    (15) Airbus Caravelle.
    (16) Fokker F-27/Fairchild Hiller FH-227.
    (17) Lockheed L-300.

[Doc. No. FAA-2005-22997, 73 FR 42501, July 21, 2008, as amended by 
Amdt. 121-345, 74 FR 31619, July 2, 2009]

Subpart BB [Reserved]



Sec. Sec. 121.1200-121.1399  [Reserved]

Subpart CC [Reserved]



Sec. Sec. 121.1400-121.1499  [Reserved]



             Subpart DD_Special Federal Aviation Regulations



Sec. 121.1500  SFAR No. 111--Lavatory Oxygen Systems.

    (a) Applicability. This SFAR applies to the following persons:
    (1) All operators of transport category airplanes that are equipped 
with any chemical oxygen generator installed in any lavatory that are 
engaged in passenger-carrying operations and that:
    (i) Operate under 14 CFR part 121; or
    (ii) Operate U.S.-registered airplanes with a maximum passenger 
capacity of 20 or greater under 14 CFR part 129.
    (2) Applicants for airworthiness certificates.
    (3) Holders of production certificates.
    (4) Applicants for type certificates, including changes to type 
certificates.
    (b) Regulatory Relief. Contrary provisions of 14 CFR part 21, and 14 
CFR 25.1447, 119.51, 121.329, 121.333 and 129.13, notwithstanding, for 
the duration of this SFAR:
    (1) A person described in paragraph (a) of this section may conduct 
flight operations and add airplanes to operations specifications with 
disabled lavatory oxygen systems, modified in accordance with FAA 
Airworthiness Directive 2011-04-09, subject to the following 
limitations:
    (i) This relief is limited to regulatory compliance of lavatory 
oxygen systems.
    (ii) Within 30 days of the effective date of this SFAR, all oxygen 
masks must be removed from affected lavatories, and the mask stowage 
location must be reclosed.
    (iii) Within 60 days of the effective date of this SFAR each 
affected operator must verify that crew emergency procedures 
specifically include a visual check of the lavatory as a priority when 
checking the cabin following any event where oxygen masks were deployed 
in the cabin.
    (2) An applicant for an airworthiness certificate may obtain an 
airworthiness certificate for airplanes to be operated by a person 
described in paragraph (a) of this section, although the airplane 
lavatory oxygen system is disabled.
    (3) A holder of a production certificate may apply for an 
airworthiness certificate or approval for airplanes to be operated by a 
person described in paragraph (a) of this section.
    (4) An applicant for a type certificate or change to a type 
certificate may obtain a design approval without showing compliance with 
Sec. 25.1447(c)(1) of this chapter for lavatory oxygen systems, in 
accordance with this SFAR.

[[Page 236]]

    (5) Each person covered by paragraph (a) of this section may inform 
passengers that the lavatories are not equipped with supplemental 
oxygen.
    (c) Return to Service Documentation. When a person described in 
paragraph (a) of this section has modified airplanes as required by 
Airworthiness Directive 2011-04-09, the affected airplanes must be 
returned to service with a note in the airplane maintenance records that 
the modification was done under the provisions of this SFAR.
    (d) Expiration. This SFAR will remain in effect until further 
action.

[Doc. No. FAA-2011-0186, 76 FR 12555, Mar. 8, 2011]



 Sec. Appendix A to Part 121--First Aid Kits and Emergency Medical Kits

    Approved first-aid kits, at least one approved emergency medical 
kit, and at least one approved automated external defibrillator required 
under Sec. 121.803 of this part must be readily accessible to the crew, 
stored securely, and kept free from dust, moisture, and damaging 
temperatures.

                             First-aid Kits

    1. The minimum number of first aid kits required is set forth in the 
following table:

------------------------------------------------------------------------
                                                                 No. of
                    No. of passenger seats                     first-aid
                                                                  kits
------------------------------------------------------------------------
0-50.........................................................          1
51-150.......................................................          2
151-250......................................................          3
More than 250................................................          4
------------------------------------------------------------------------

    2. Except as provided in paragraph (3), each approved first-aid kit 
must contain at least the following appropriately maintained contents in 
the specified quantities:

------------------------------------------------------------------------
                           Contents                             Quantity
------------------------------------------------------------------------
Adhesive bandage compresses, 1-inch..........................         16
Antiseptic swabs.............................................         20
Ammonia inhalants............................................         10
Bandage compresses, 4-inch...................................          8
Triangular bandage compresses, 40-inch.......................          5
Arm splint, noninflatable....................................          1
Leg splint, noninflatable....................................          1
Roller bandage, 4-inch.......................................          4
Adhesive tape, 1-inch standard roll..........................          2
Bandage scissors.............................................          1
------------------------------------------------------------------------

    3. Arm and leg splints which do not fit within a first-aid kit may 
be stowed in a readily accessible location that is as near as 
practicable to the kit.

                         Emergency Medical Kits

    1. Until April 12, 2004, at least one approved emergency medical kit 
that must contain at least the following appropriately maintained 
contents in the specified quantities:

------------------------------------------------------------------------
                  Contents                             Quantity
------------------------------------------------------------------------
Sphygmomanometer............................  1
Stethoscope.................................  1
Airways, cropharyngeal (3 sizes)............  3
Syringes (sizes necessary to administer       4
 required drugs).
Needles (sizes necessary to administer        6
 required drugs).
50% Dextrose injection, 50cc................  1
Epinephrine 1:1000, single dose ampule or     2
 equivalent).
Diphenhydramine HC1 injection, single dose    2
 ampule or equivalent.
Nitroglycerin tablets.......................  10
Basic instructions for use of the drugs in    1
 the kit.
protective nonpermeable gloves or equivalent  1 pair
------------------------------------------------------------------------

    2. As of April 12, 2004, at least one approved emergency medical kit 
that must contain at least the following appropriately maintained 
contents in the specified quantities:

------------------------------------------------------------------------
                  Contents                             Quantity
------------------------------------------------------------------------
Sphygmonanometer............................  1
Stethoscope.................................  1
Airways, oropharyngeal (3 sizes): 1           3
 pediatric, 1 small adult, 1 large adult or
 equivalent.
Self-inflating manual resuscitation device    1:3 masks
 with 3 masks (1 pediatric, 1 small adult, 1
 large adult or equivalent).
CPR mask (3 sizes), 1 pediatric, 1 small      3
 adult, 1 large adult, or equivalent.
IV Admin Set: Tubing w/ 2 Y connectors......  1
    Alcohol sponges.........................  2
    Adhesive tape, 1-inch standard roll       1
     adhesive.
    Tape scissors...........................  1 pair
    Tourniquet..............................  1
Saline solution, 500 cc.....................  1
Protective nonpermeable gloves or equivalent  1 pair
Needles (2-18 ga., 2-20 ga., 2-22 ga., or     6
 sizes necessary to administer required
 medications).
Syringes (1-5 cc, 2-10 cc, or sizes           4
 necessary to administer required
 medications).
Analgesic, non-narcotic, tablets, 325 mg....  4
Antihistamine tablets, 25 mg................  4
Antihistamine injectable, 50 mg, (single      2
 dose ampule or equivalent).
Atropine, 0.5 mg, 5 cc (single dose ampule    2
 or equivalent).
Aspirin tablets, 325 mg.....................  4
Bronchodilator, inhaled (metered dose         1
 inhaler or equivalent).
Dextrose, 50%/50 cc injectable, (single dose  1
 ampule or equivalent).
Epinephrine 1:1000, 1 cc, injectable,         2
 (single dose ampule or equivalent).
Epinephrine 1:10,000, 2 cc, injectable,       2
 (single dose ampule or equivalent).
Lidocaine, 5 cc, 20 mg/ml, injectable         2
 (single dose ampule or equivalent).
Nitroglycerin tablets, 0.4 mg...............  10
Basic instructions for use of the drugs in    1
 the kit.
------------------------------------------------------------------------


[[Page 237]]

    3. If all of the above-listed items do not fit into one container, 
more than one container may be used.

                    Automated External Defibrillators

    At least one approved automated external defibrillator, legally 
marketed in the United States in accordance with Food and Drug 
Administration requirements, that must:
    1. Be stored in the passenger cabin.
    2. After April 30, 2005:
    (a) Have a power source that meets FAA Technical Standard Order 
requirements for power sources for electronic devices used in aviation 
as approved by the Administrator; or
    (b) Have a power source that was manufactured before July 30, 2004, 
and been found by the FAA to be equivalent to a power source that meets 
the Technical Standard Order requirements of paragraph (a) of this 
section.
    3. Be maintained in accordance with the manufacturer's 
specifications.

[Doc. No. FAA-2000-7119, 66 FR 19044, Apr. 12, 2001, as amended by Amdt. 
121-280, 69 FR 19762, Apr. 14, 2004; Amdt. 121-309, 70 FR 15196, Mar. 
24, 2005]

     Appendix B to Part 121--Airplane Flight Recorder Specification

----------------------------------------------------------------------------------------------------------------
                                                        Accuracy sensor
           Parameters                    Range           input to DFDR     Sampling interval    Resolution \4\
                                                            readout          (per second)           readout
----------------------------------------------------------------------------------------------------------------
Time (GMT or Frame Counter)       24 Hrs............  0.125% Per       seconds).
 frame).                                               Hour.
Altitude........................  -1,000 ft to max    100 to 7
                                   aircraft.           00 ft (See Table
                                                       1, TSO-C51a).
Airspeed........................  50 KIAS to V so,    5%, 3
                                                       %.
Heading.........................  360[deg]..........  2[deg].
Normal Acceleration (Vertical)..  -3g to +6g........  1% of max
                                                       range excluding
                                                       datum error of
                                                       5%.
Pitch Attitude..................  75[deg].         eq>2[deg].
Roll Attitude...................  180[deg].        eq>2[deg].
Radio Transmitter Keying........  On-Off (Discrete).  2[deg].          eq>2%.
Thrust/Power on Each Engine.....  Full Range Forward  2[deg].
Trailing Edge Flap or Cockpit     Full Range or Each  3[deg] or as
                                                       Pilot's Indicator.
Leading Edge Flap or Cockpit      Full Range or Each  3[deg] or as
                                                       Pilot's Indicator.
Thrust Reverser Position........  Stowed, In          ..................  1 (per 4 seconds    ..................
                                   Transit, and                            per engine).
                                   Reverse
                                   (Discrete).
Ground Spoiler Position/Speed     Full Range or Each  2% Unless
                                                       Higher Accuracy
                                                       Uniquely Required.
Marker Beacon Passage...........  Discrete..........  ..................  1.................  ..................
Autopilot Engagement............  Discrete..........  ..................  1.................  ..................
Longitudinal Acceleration.......  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Pilot Input and/or Surface        Full Range........  2[deg] Unless
 (Pitch, Roll, Yaw) \3\.                               Higher Accuracy
                                                       Uniquely Required.
Lateral Acceleration............  1g.              eq>1.5% max range
                                                       excluding datum
                                                       error of 5
                                                       %.
Pitch Trim Position.............  Full Range........  3% Unless
                                                       Higher Accuracy
                                                       Uniquely Required.
Glideslope Deviation............  400 Microamps.   eq>3%.
Localizer Deviation.............  400 Microamps.   eq>3%.
AFCS Mode and Engagement Status.  Discrete..........  ..................  1.................  ..................
Radio Altitude..................  -20 ft to 2,500 ft  2 Ft or 3
                                                       % Whichever is
                                                       Greater Below 500
                                                       Ft and 5
                                                       % Above 500 Ft.
Master Warning..................  Discrete..........  ..................  1.................  ..................
Main Gear Squat Switch Status...  Discrete..........  ..................  1.................  ..................
Angle of Attack (if recorded      As installed......  As installed......  2.................  0.3% \2\
 directly)..
Outside Air Temperature or Total  -50 [deg]C to +90   2 [deg]c.
Hydraulics, Each System Low       Discrete..........  ..................  0.5...............  or 0.5% \2\
 Pressure.

[[Page 238]]

 
Groundspeed.....................  As installed......  Most Accurate       1.................  0.2% \2\
                                                       Systems Installed
                                                       (IMS Equipped
                                                       Aircraft Only).
----------------------------------------------------------------------------------------------------------------
    If additional recording capacity is available, recording of the following parameters is recommended. The
                                 parameters are listed in order of significance:
----------------------------------------------------------------------------------------------------------------
Drift Angle.....................  When available, As  As installed......  4.................  ..................
                                   installed.
Wind Speed and Direction........  When available, As  As installed......  4.................  ..................
                                   installed.
Latitude and Longitude..........  When available, As  As installed......  4.................  ..................
                                   installed.
Brake pressure/Brake pedal        As installed......  As installed......  1.................  ..................
 position.
Additional engine parameters:
    EPR.........................  As installed......  As installed......  1 (per engine)....  ..................
    N1..........................  As installed......  As installed......  1 (per engine)....  ..................
    N2..........................  As installed......  As installed......  1 (per engine)....  ..................
    EGT.........................  As installed......  As installed......  1 (per engine)....  ..................
Throttle Lever Position.........  As installed......  As installed......  1 (per engine)....  ..................
Fuel Flow.......................  As installed......  As installed......  1 (per engine)....  ..................
TCAS:
    TA..........................  As installed......  As installed......  1.................  ..................
    RA..........................  As installed......  As installed......  1.................  ..................
    Sensitivity level (as         As installed......  As installed......  2.................  ..................
     selected by crew).
GPWS (ground proximity warning    Discrete..........  ..................  1.................  ..................
 system).
Landing gear or gear selector     Discrete..........  ..................  0.25 (1 per 4       ..................
 position.                                                                 seconds).
DME 1 and 2 Distance............  0-200 NM;.........  As installed......  0.25..............  1 mi.
Nav 1 and 2 Frequency Selection.  Full range........  As installed......  0.25..............  ..................
----------------------------------------------------------------------------------------------------------------
\1\ When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the
  derivation of altitude to 5 feet.
\2\ Per cent of full range.
\3\ For airplanes that can demonstrate the capability of deriving either the control input on control movement
  (one from the other) for all modes of operation and flight regimes, the ``or'' applies. For airplanes with non-
  mechanical control systems (fly-by-wire) the ``and'' applies. In airplanes with split surfaces, suitable
  combination of inputs is acceptable in lieu of recording each surface separately.
\4\ This column applies to aircraft manufactured after October 11, 1991.


[Doc. No. 25530, 53 FR 26147, July 11, 1988; 53 FR 30906, Aug. 16, 1988]



    Sec. Appendix C to Part 121--C-46 Nontransport Category Airplanes

                            Cargo Operations

    1. Required engines. (a) Except as provided in paragraph (b) of this 
section, the engines specified in subparagraphs (1) or (2) of this 
section must be installed in C-46 nontransport category airplanes 
operated at gross weights exceeding 45,000 pounds:
    (1) Pratt and Whitney R2800-51-M1 or R2800-75-M1 engines (engines 
converted from basic model R2800-51 or R2800-75 engines in accordance 
with FAA approved data) that--
    (i) Conform to Engine Specification 5E-8;
    (ii) Conform to the applicable portions of the operator's manual;
    (iii) Comply with all the applicable airworthiness directives; and
    (iv) Are equipped with high capacity oil pump drive gears in 
accordance with FAA approved data.
    (2) Other engines found acceptable by the FAA Regional Flight 
Standards Division having type certification responsibility for the C-46 
airplane.
    (b) Upon application by an operator conducting cargo operations with 
nontransport category C-46 airplanes between points within the State of 
Alaska, the appropriate FAA Flight Standards District Office, Alaskan 
Region, may authorize the operation of such airplanes, between points 
within the State of Alaska; without compliance with paragraph (a) of 
this section if the operator shows that, in its area of operation, 
installation of the modified engines is not necessary to provide 
adequate cooling for single-engine operations. Such authorization and 
any conditions or limitations therefor is made a part of the Operations 
Specifications of the operator.
    2. Minimum acceptable means of complying with the special 
airworthiness requirements. Unless otherwise authorized under Sec. 
121.213,

[[Page 239]]

the data set forth in sections 3 through 34 of this appendix, as 
correlated to the C-46 nontransport category airplane, is the minimum 
means of compliance with the special airworthiness requirements of 
Sec. Sec. 121.215 through 121.281.
    3. Susceptibility of material to fire. [Deleted as unnecessary]
    4. Cabin interiors. C-46 crew compartments must meet all the 
requirements of Sec. 121.215, and, as required in Sec. 121.221, the 
door between the crew compartment and main cabin (cargo) compartment 
must be flame resistant.
    5. Internal doors. Internal doors, including the crew to main cabin 
door, must meet all the requirements of Sec. 121.217.
    6. Ventilation. Standard C-46 crew compartments meet the ventilation 
requirements of Sec. 121.219 if a means of ventilation for controlling 
the flow of air is available between the crew compartment and main 
cabin. The ventilation requirement may be met by use of a door between 
the crew compartment and main cabin. The door need not have louvers 
installed; however, if louvers are installed, they must be controllable.
    7. Fire precautions. Compliance is required with all the provisions 
of Sec. 121.221.
    (a) In establishing compliance with this section, the C-46 main 
cabin is considered as a Class A compartment if--
    (1) The operator utilizes a standard system of cargo loading and 
tiedown that allows easy access in flight to all cargo in such 
compartment, and, such system is included in the appropriate portion of 
the operator's manual; and
    (2) A cargo barrier is installed in the forward end of the main 
cabin cargo compartment. The barrier must--
    (i) Establish the most forward location beyond which cargo cannot be 
carried;
    (ii) Protect the components and systems of the airplane that are 
essential to its safe operation from cargo damage; and
    (iii) Permit easy access, in flight, to cargo in the main cabin 
cargo compartment.

The barrier may be a cargo net or a network of steel cables or other 
means acceptable to the Administrator which would provide equivalent 
protection to that of a cargo net. The barrier need not meet crash load 
requirements of FAR Sec. 25.561; however, it must be attached to the 
cargo retention fittings and provide the degree of cargo retention that 
is required by the operators' standard system of cargo loading and 
tiedown.
    (b) C-46 forward and aft baggage compartments must meet, as a 
minimum, Class B requirements of this section or be placarded in a 
manner to preclude their use as cargo or baggage compartments.
    8. Proof of compliance. The demonstration of compliance required by 
Sec. 121.223 is not required for C-46 airplanes in which--
    (1) The main cabin conforms to Class A cargo compartment 
requirements of Sec. 121.219; and
    (2) Forward and aft baggage compartments conform to Class B 
requirements of Sec. 121.221, or are placarded to preclude their use as 
cargo or baggage compartments.
    9. Propeller deicing fluid. No change from the requirements of Sec. 
121.225. Isopropyl alcohol is a combustible fluid within the meaning of 
this section.
    10. Pressure cross-feed arrangements, location of fuel tanks, and 
fuel system lines and fittings. C-46 fuel systems which conform to all 
applicable Curtiss design specifications and which comply with the FAA 
type certification requirements are in compliance with the provisions of 
Sec. Sec. 121.227 through 121.231.
    11. Fuel lines and fittings in designated fire zones. No change from 
the requirements of Sec. 121.233.
    12. Fuel valves. Compliance is required with all the provisions of 
Sec. 121.235. Compliance can be established by showing that the fuel 
system conforms to all the applicable Curtiss design specifications, the 
FAA type certification requirements, and, in addition, has explosion-
proof fuel booster pump electrical selector switches installed in lieu 
of the open contact type used originally.
    13. Oil lines and fittings in designated fire zones. No change from 
the requirements of Sec. 121.237.
    14. Oil valves. C-46 oil shutoff valves must conform to the 
requirements of Sec. 121.239. In addition, C-46 airplanes using 
Hamilton Standard propellers must provide, by use of stand pipes in the 
engine oil tanks or other approved means, a positive source of oil for 
feathering each propeller.
    15. Oil system drains. The standard C-46 ``Y'' drains installed in 
the main oil inlet line for each engine meet the requirements of Sec. 
121.241.
    16. Engine breather line. The standard C-46 engine breather line 
installation meets the requirements of Sec. 121.243 if the lower 
breather lines actually extend to the trailing edge of the oil cooler 
air exit duct.
    17. Firewalls and firewall construction. Compliance is required with 
all of the provisions of Sec. Sec. 121.245 and 121.247. The following 
requirements must be met in showing compliance with these sections:
    (a) Engine compartment. The engine firewalls of the C-46 airplane 
must--
    (1) Conform to type design, and all applicable airworthiness 
directives;
    (2) Be constructed of stainless steel or approved equivalent; and
    (3) Have fireproof shields over the fairleads used for the engine 
control cables that pass through each firewall.
    (b) Combustion heater compartment. C-46 airplanes must have a 
combustion heater fire extinguishing system which complies with AD-49-
18-1 or an FAA approved equivalent.

[[Page 240]]

    18. Cowling. Standard C-46 engine cowling (cowling of aluminum 
construction employing stainless steel exhaust shrouds) which conforms 
to the type design and cowling configurations which conform to the C-46 
transport category requirements meet the requirements of Sec. 121.249.
    19. Engine accessory section diaphragm. C-46 engine nacelles which 
conform to the C-46 transport category requirements meet the 
requirements of Sec. 121.251. As provided for in that section, a means 
of equivalent protection which does not require provision of a diaphragm 
to isolate the engine power section and exhaust system from the engine 
accessory compartment is the designation of the entire engine 
compartment forward of and including the firewall as a designated fire 
zone, and the installation of adequate fire detection and fire 
extinguishing systems which meet the requirements of Sec. 121.263 and 
Sec. 121.273, respectively, in such zone.
    20. Powerplant fire protection. C-46 engine compartments and 
combustion heater compartments are considered as designated fire zones 
within the meaning of Sec. 121.253.
    21. Flammable fluids--
    (a) Engine compartment. C-46 engine compartments which conform to 
the type design and which comply with all applicable airworthiness 
directives meet the requirements of Sec. 121.255.
    (b) Combustion heater compartment. C-46 combustion heater 
compartments which conform to type design and which meet all the 
requirements of AD-49-18-1 or an FAA approved equivalent meet the 
requirements of Sec. 121.255.
    22. Shutoff means--
    (a) Engine compartment. C-46 engine compartments which comply with 
AD-62-10-2 or FAA approved equivalent meet the requirements of Sec. 
121.257 applicable to engine compartments, if, in addition, a means 
satisfactory to the Administrator is provided to shut off the flow of 
hydraulic fluid to the cowl flap cylinder in each engine nacelle. The 
shutoff means must be located aft of the engine firewall. The operator's 
manual must include, in the emergency portion, adequate instructions for 
proper operation of the additional shutoff means to assure correct 
sequential positioning of engine cowl flaps under emergency conditions. 
In accordance with Sec. 121.315, this positioning must also be 
incorporated in the emergency section of the pilot's checklist.
    (b) Combustion heater compartment. C-46 heater compartments which 
comply with paragraph (5) of AD-49-18-1 or FAA approved equivalent meet 
the requirements of Sec. 121.257 applicable to heater compartments if, 
in addition, a shutoff valve located above the main cabin floor level is 
installed in the alcohol supply line or lines between the alcohol supply 
tank and those alcohol pumps located under the main cabin floor. If all 
of the alcohol pumps are located above the main cabin floor, the alcohol 
shutoff valve need not be installed. In complying with paragraph (5) of 
AD-49-18-1, a fail-safe electric fuel shutoff valve may be used in lieu 
of the manually operated valve.
    23. Lines and fittings--(a) Engine compartment. C-46 engine 
compartments which comply with all applicable airworthiness directives, 
including AD-62-10-2, by using FAA approved fire-resistant lines, hoses, 
and end fittings, and engine compartments which meet the C-46 transport 
category requirements, meet the requirements of Sec. 121.259.
    (b) Combustion heater compartments All lines, hoses, and end 
fittings, and couplings which carry fuel to the heaters and heater 
controls, must be of FAA approved fire-resistant construction.
    24. Vent and drain lines--(a) Enginecompartment. C-46 engine 
compartments meet the requirements of Sec. 121.261 if--
    (1) The compartments conform to type design and comply with all 
applicable airworthiness directives or FAA approved equivalent; and
    (2) Drain lines from supercharger case, engine-driven fuel pump, and 
engine-driven hydraulic pump reach into the scupper drain located in the 
lower cowling segment.
    (b) Combustion heater compartment. C-46 heater compartments meet the 
requirements of Sec. 121.261 if they conform to AD-49-18-1 or FAA 
approved equivalent.
    25. Fire-extinguishing system. (a) To meet the requirements of Sec. 
121.263, C-46 airplanes must have installed fire extinguishing systems 
to serve all designated fire zones. The fire-extinguishing systems, the 
quantity of extinguishing agent, and the rate of discharge shall be such 
as to provide a minimum of one adequate discharge for each designated 
fire zone. Compliance with this provision requires the installation of a 
separate fire extinguisher for each engine compartment. Insofar as the 
engine compartment is concerned, the system shall be capable of 
protecting the entire compartment against the various types of fires 
likely to occur in the compartment.
    (b) Fire-extinguishing systems which conform to the C-46 transport 
category requirements meet the requirements set forth in paragraph (a). 
Furthermore, fire-extinguishing systems for combustion heater 
compartments which conform to the requirements of AD-49-18-1 or an FAA 
approved equivalent also meet the requirements in paragraph (a).
    In addition, a fire-extinguishing system for C-46 airplanes meets 
the adequacy requirement of paragraph (a) if it provides the same or 
equivalent protection to that demonstrated by the CAA in tests conducted 
in 1941 and 1942, using a CW-20 type engine nacelle (without diaphragm). 
These tests were

[[Page 241]]

conducted at the Bureau of Standards facilities in Washington, DC, and 
copies of the test reports are available through the FAA Regional 
Engineering Offices. In this connection, the flow rates and distribution 
of extinguishing agent substantiated in American Airmotive Report No. 
128-52-d, FAA approved February 9, 1953, provides protection equivalent 
to that demonstrated by the CAA in the CW-20 tests. In evaluating any C-
46 fire-extinguishing system with respect to the aforementioned CW-20 
tests, the Administration would require data in a narrative form, 
utilizing drawings or photographs to show at least the following:
    Installation of containers; installation and routing of plumbing; 
type, number, and location of outlets or nozzles; type, total volume, 
and distribution of extinguishing agent; length of time required for 
discharging; means for thermal relief, including type and location of 
discharge indicators; means of discharging, e.g., mechanical 
cutterheads, electric cartridge, or other method; and whether a one- or 
two-shot system is used; and if the latter is used, means of cross-
feeding or otherwise selecting distribution of extinguishing agent; and 
types of materials used in makeup of plumbing.
    High rate discharge (HRD) systems using agents such as 
bromotrifluoromethane, dibrodifluoromethane and chlorobromomethane (CB), 
may also meet the requirements of paragraph (a).
    26. Fire-extinguishing agents, Extinguishing agent container 
pressure relief, Extinguishing agent container compartment temperatures, 
and Fire-extinguishing system materials. No change from the requirements 
of Sec. Sec. 121.265 through 121.271.
    27. Fire-detector system. Compliance with the requirements of Sec. 
121.273 requires that C-46 fire detector systems conform to:
    (a) AD-62-10-2 or FAA approved equivalent for engine compartments; 
and
    (b) AD-49-18-1 or FAA approved equivalent for combustion heater 
compartments
    28. Fire detectors. No change from the requirements of Sec. 
121.275.
    29. Protection of other airplane components against fire. To meet 
the requirements of Sec. 121.277, C-46 airplanes must--
    (a) Conform to the type design and all applicable airworthiness 
directives; and
    (b) Be modified or have operational procedures established to 
provide additional fire protection for the wheel well door aft of each 
engine compartment. Modifications may consist of improvements in sealing 
of the main landing gear wheel well doors. An operational procedure 
which is acceptable to the Agency is one requiring the landing gear 
control to be placed in the up position in case of in-flight engine 
fire. In accordance with Sec. 121.315, such procedure must be set forth 
in the emergency portion of the operator's emergency checklist 
pertaining to in-flight engine fire.
    30. Control of engine rotation. C-46 propeller feathering systems 
which conform to the type design and all applicable airworthiness 
directives meet the requirements of Sec. 121.279.
    31. Fuel system independence. C-46 fuel systems which conform to the 
type design and all applicable airworthiness directives meet the 
requirements of Sec. 121.281.
    32. Induction system ice prevention. The C-46 carburetor anti-icing 
system which conforms to the type design and all applicable 
airworthiness directives meets the requirements of Sec. 121.283.
    33. Carriage of cargo in passenger compartments. Section 121.285 is 
not applicable to nontransport category C-46 cargo airplanes.
    34. Carriage of cargo in cargo compartments. A standard cargo 
loading and tiedown arrangement set forth in the operator's manual and 
found acceptable to the Administrator must be used in complying with 
Sec. 121.287.
    35. Performance data. Performance data on Curtiss model C-46 
airplane certificated for maximum weight of 45,000 and 48,000 pounds for 
cargo-only operations.
    1. The following performance limitation data, applicable to the 
Curtiss model C-46 airplane for cargo-only operation, must be used in 
determining compliance with Sec. Sec. 121.199 through 121.205. These 
data are presented in the tables and figures of this appendix.

                      Table 1--Takeoff Limitations

    (a) Curtiss C-46 certificated for maximum weight of 45,000 pounds.
    (1) Effective length of runway required when effective length is 
determined in accordance with Sec. 121.171 (distance to accelerate to 
93 knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)

                           [Distance in feet]
------------------------------------------------------------------------
                                              Airplane weight in pounds
                                           -----------------------------
         Standard altitude in feet                               45,000
                                             39,000    42,000      \1\
------------------------------------------------------------------------
S.L.......................................     4,110     4,290     4,570
1,000.....................................     4,250     4,440     4,720
2,000.....................................     4,400     4,600     4,880
3,000.....................................     4,650     4,880     5,190
4,000.....................................     4,910     5,170     5,500
5,000.....................................     5,160     5,450     5,810
6,000.....................................     5,420     5,730     6,120
7,000.....................................     5,680     6,000     6,440
8,000.....................................     5,940     6,280     (\1\)
------------------------------------------------------------------------
\1\ Ref. Fig. 1(a)(1) for weight and distance for altitudes above
  7,000[foot].

    (2) Actual length of runway required when effective length, 
considering obstacles, is not determined (distance to accelerate to 93 
knots TIAS and stop, divided by the factor 0.85).

[[Page 242]]



                           [Distance in feet]
------------------------------------------------------------------------
                                              Airplane weight in pounds
                                           -----------------------------
         Standard altitude in feet                               45,000
                                             39,000    42,000      \1\
------------------------------------------------------------------------
S.L.......................................     4,830     5,050     5,370
1,000.....................................     5,000     5,230     5,550
2,000.....................................     5,170     5,410     5,740
3,000.....................................     5,470     5,740     6,100
4,000.....................................     5,770     6,080     6,470
5,000.....................................     6,070     6,410     6,830
6,000.....................................     6,380     6,740     7,200
7,000.....................................     6,680     7,070     7,570
8,000.....................................     6,990     7,410     (\1\)
------------------------------------------------------------------------
\1\ Ref. Fig. 1(a)(2) for weight and distance for altitudes above
  7,000[foot].

    (b) Curtiss C-46 certificated for maximum weight 48,000 pounds.
    (1) Effective length of runway required when effective length is 
determined in accordance with Sec. 121.171 (distance to accelerate to 
93 knots TIAS and stop, with zero wind and zero gradient). (Factor=1.00)

                           [Distance in feet]
------------------------------------------------------------------------
                                         Airplane weight in pounds
                                 ---------------------------------------
    Standard altitude in feet                                    48,000
                                   39,000    42,000    45,000      \1\
------------------------------------------------------------------------
S.L.............................     4,110     4,290     4,570     4,950
1,000...........................     4,250     4,440     4,720     5,130
2,000...........................     4,400     4,600     4,880     5,300
3,000...........................     4,650     4,880     5,190     5,670
4,000...........................     4,910     5,170     5,500     6,050
5,000...........................     5,160     5,450     5,810     6,420
6,000...........................     5,420     5,730     6,120     6,800
7,000...........................     5,680     6,000     6,440     (\1\)
8,000...........................     5,940     6,280     6,750     (\1\)
------------------------------------------------------------------------
\1\ Ref. Fig. 1(b)(1) for weight and distance for altitudes above
  6,000[foot].

    (2) Actual length of runway required when effective length, 
considering obstacles, is not determined (distance to accelerate to 93 
knots TIAS and stop, divided by the factor 0.85).

                           [Distance in feet]
------------------------------------------------------------------------
                                         Airplane weight in pounds
                                 ---------------------------------------
    Standard altitude in feet                                    48,000
                                   39,000    42,000    45,000      \1\
------------------------------------------------------------------------
S.L.............................     4,830     5,050     5,370     5,830
1,000...........................     5,000     5,230     5,550     6,030
2,000...........................     5,170     5,410     5,740     6,230
3,000...........................     5,470     5,740     6,100     6,670
4,000...........................     5,770     6,080     6,470     7,120
5,000...........................     6,070     6,410     6,830     7,560
6,000...........................     6,380     6,740     7,200     8,010
7,000...........................     6,680     7,070     7,570     (\1\)
8,000...........................     6,990     7,410     7,940     (\1\)
------------------------------------------------------------------------
\1\ Ref. Fig. 1(b)(2) for weight and distance for altitudes above
  6,000[foot].

                      Table 2--En Route Limitations

    (a) Curtiss model C-46 certificated for maximum weight of 45,000 
pounds (based on a climb speed of 113 knots (TIAS)).

------------------------------------------------------------------------
                                          Terrain
            Weight (pounds)              clearance     Blower setting
                                        (feet) \1\
------------------------------------------------------------------------
45,000................................       6,450  Low.
44,000................................       7,000   Do.
43,000................................       7,500   Do.
42,200................................       8,000  High.
41,000................................       9,600   Do.
40,000................................      11,000   Do.
39,000................................      12,300   Do.
------------------------------------------------------------------------
\1\ Highest altitude of terrain over which airplanes may be operated in
  compliance with Sec. 121.201.
Ref. Fig. 2(a).

    (b) Curtiss model C-46 certificated for maximum weight of 48,000 
pounds or with engine installation approved for 2,550 revolutions per 
minute (1,700 brake horsepower). Maximum continuous power in low blower 
(based on a climb speed of 113 knots (TIAS)).

------------------------------------------------------------------------
                                          Terrain
            Weight (pounds)              clearance     Blower setting
                                        (feet) \1\
------------------------------------------------------------------------
48,000................................       5,850  Low.
47,000................................       6,300   Do.
46,000................................       6,700   Do.
45,000................................       7,200   Do.
44,500................................       7,450   Do.
44,250................................       8,000  High.
44,000................................       8,550   Do.
43,000................................      10,800   Do.
42,000................................      12,500   Do.
41,000................................      13,000   Do.
------------------------------------------------------------------------
\1\ Highest altitude of terrain over which airplanes may be operated in
  compliance with Sec. 121.201.
Ref. Fig. 2(b).

                      Table 3--Landing Limitations

    (a) Intended Destination.
    Effective length of runway required for intended destination when 
effective length is determined in accordance with Sec. 121.171 with 
zero wind and zero gradient.
    (1) Curtiss model C-46 certificated for maximum weight of 45,000 
pounds. (0.60 factor)

                                                Distance in feet
----------------------------------------------------------------------------------------------------------------
                                                    Airplane weight in pounds and approach speeds \1\ in knots
            Standard altitude in feet            ---------------------------------------------------------------
                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50
----------------------------------------------------------------------------------------------------------------
S.L.............................................    4,320     86    4,500     88    4,700     90    4,800     91
1,000...........................................    4,440     86    4,620     88    4,830     90    4,930     91
2,000...........................................    4,550     86    4,750     88    4,960     90    5,050     91

[[Page 243]]

 
3,000...........................................    4,670     86    4,880     88    5,090     90    5,190     91
4,000...........................................    4,800     86    5,000     88    5,220     90    5,320     91
5,000...........................................    4,920     86    5,140     88    5,360     90    5,460     91
6,000...........................................    5,040     86    5,270     88    5,550     90    5,600     91
7,000...........................................    5,170     86    5,410     88    5,650     90    5,750     91
8,000...........................................    5,310     86    5,550     88    5,800     90    5,900     91
----------------------------------------------------------------------------------------------------------------
\1\ Steady approach speed through 50-foot height TIAS denoted by symbol V50.
Ref. Fig. 3(a)(1).

    (2) Curtiss model C-46 certificated for maximum weight of 48,000 
pounds.\1\ (0.60 factor.)

                                                Distance in feet
----------------------------------------------------------------------------------------------------------------
                                                    Airplane weight in pounds and approach speeds \2\ in knots
            Standard altitude in feet            ---------------------------------------------------------------
                                                   42,000   V50    44,000   V50    46,000   V50    43,000   V50
----------------------------------------------------------------------------------------------------------------
S.L.............................................    3,370     80    3,490     82    3,620     84    3,740     86
1,000...........................................    3,460     80    3,580     82    3,710     84    3,830     86
2,000...........................................    3,540     80    3,670     82    3,800     84    3,920     86
3,000...........................................    3,630     80    3,760     82    3,890     84    4,020     86
4,000...........................................    3,720     80    3,850     82    3,980     84    4,110     86
5,000...........................................    3,800     80    3,940     82    4,080     84    4,220     86
6,000...........................................    3,890     80    4,040     82    4,180     84    4,320     86
7,000...........................................    3,980     80    4,140     82    4,280     84    4,440     86
8,000...........................................    4,080     80    4,240     82    4,390     84    4,550     86
----------------------------------------------------------------------------------------------------------------
\1\ For use with Curtiss model C-46 airplanes when approved for this weight.
\2\ Steady approach speed through 50 height knots TIAS denoted by symbol V503.
Ref. Fig. 3(a)(2).

    (b) Alternate Airports.
    Effective length of runway required when effective length is 
determined in accordance with Sec. 121.171 with zero wind and zero 
gradient.
    (1) Curtiss model C-46 certificated for maximum weight of 45,000 
pounds. (0.70 factor.)

                                                Distance in feet
----------------------------------------------------------------------------------------------------------------
                                                    Airplane weight in pounds and approach speeds \1\ in knots
            Standard altitude in feet            ---------------------------------------------------------------
                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50
----------------------------------------------------------------------------------------------------------------
S.L.............................................    3,700     86    3,860     88    4,030     90    4,110     91
1,000...........................................    3,800     86    3,960     88    4,140     90    4,220     91
2,000...........................................    3,900     86    4,070     88    4,250     90    4,340     91
3,000...........................................    4,000     86    4,180     88    4,360     90    4,450     91
4,000...........................................    4,110     86    4,290     88    4,470     90    4,560     91
5,000...........................................    4,210     86    4,400     88    4,590     90    4,680     91
6,000...........................................    4,330     86    4,510     88    4,710     90    4,800     91
7,000...........................................    4,430     86    4,630     88    4,840     90    4,930     91
8,000...........................................    4,550     86    4,750     88    4,970     90    5,060     91
----------------------------------------------------------------------------------------------------------------
\1\ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.
Ref. Fig. 3(b)(1).

    (2) Curtiss model C-46 certificated for maximum weight of 48,000 
pounds.\1\ (0.70 factor.)

                                                Distance in feet
----------------------------------------------------------------------------------------------------------------
                                                    Airplane weight in pounds and approach speeds \2\ in knots
            Standard altitude in feet            ---------------------------------------------------------------
                                                   42,000   V50    44,000   V50    46,000   V50    48,000   V50
----------------------------------------------------------------------------------------------------------------
S.L.............................................    2,890     80    3,000     82    3,110     84    3,220     86
1,000...........................................    2,960     80    3,070     82    3,180     84    3,280     86
2,000...........................................    3,040     80    3,150     82    3,260     84    3,360     86
3,000...........................................    3,110     80    3,220     82    3,340     84    3,440     86
4,000...........................................    3,180     80    3,300     82    3,410     84    3,520     86
5,000...........................................    3,260     80    3,380     82    3,500     84    3,610     86
6,000...........................................    3,330     80    3,460     82    3,580     84    3,700     86
7,000...........................................    3,420     80    3,540     82    3,670     84    3,800     86
8,000...........................................    3,500     80    3,630     82    3,760     84    3,900     86
----------------------------------------------------------------------------------------------------------------
\1\ For use with Curtiss model C-46 airplanes when approved for this weight.
\2\ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.
Ref. Fig. 3(b)(2).


[[Page 244]]

    (c) Actual length of runway required when effective length, 
considering obstacles, is not determined in accordance with Sec. 
121.171.
    (1) Curtiss model C-46 certificated for maximum weight of 45,000 
pounds. (0.55 factor.)

                                                Distance in feet
----------------------------------------------------------------------------------------------------------------
                                                    Airplane weight in pounds and approach speeds \1\ in knots
            Standard altitude in feet            ---------------------------------------------------------------
                                                   40,000   V50    42,000   V50    44,000   V50    45,000   V50
----------------------------------------------------------------------------------------------------------------
S.L.............................................    4,710     86    4,910     88    5,130     90    5,230     91
1,000...........................................    4,840     86    5,050     88    5,270     90    5,370     91
2,000...........................................    4,960     86    5,180     88    5,410     90    5,510     91
3,000...........................................    5,090     86    5,320     88    5,550     90    5,660     91
4,000...........................................    5,230     86    5,460     88    5,700     90    5,810     91
5,000...........................................    5,360     86    5,600     88    5,850     90    5,960     91
6,000...........................................    5,500     86    5,740     88    6,000     90    6,110     91
7,000...........................................    5,640     86    5,900     88    6,170     90    6,280     91
8,000...........................................    5,790     86    6,050     88    6,340     90    6,450     91
----------------------------------------------------------------------------------------------------------------
\1\ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.
Ref. Fig. 3(c)(1).

    (2) Curtiss C-46 certificated for maximum weight of 48,000 
pounds.\1\ (0.55 factor.)

                                                Distance in feet
----------------------------------------------------------------------------------------------------------------
                                                    Airplane weight in pounds and approach speeds \2\ in knots
            Standard altitude in feet            ---------------------------------------------------------------
                                                   42,000   V50    44,000   V50    46,000   V50    48,000   V50
----------------------------------------------------------------------------------------------------------------
S.L.............................................    3,680     80    3,820     82    3,960     84    4,090     86
1,000...........................................    3,770     80    3,910     82    4,050     84    4,180     86
2,000...........................................    3,860     80    4,000     82    4,140     84    4,280     86
3,000...........................................    3,960     80    4,090     82    4,240     84    4,380     86
4,000...........................................    4,050     80    4,190     82    4,340     84    4,490     86
5,000...........................................    4,150     80    4,290     82    4,450     84    4,600     86
6,000...........................................    4,240     80    4,400     82    4,560     84    4,710     86
7,000...........................................    4,350     80    4,510     82    4,670     84    4,840     86
8,000...........................................    4,450     80    4,620     82    4,790     84    4,960     86
----------------------------------------------------------------------------------------------------------------
\1\ For use with Curtiss model C-46 airplanes when approved for this weight.
\2\ Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V50.
Ref. Fig. 3(c)(2).


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[Doc. No. 4080, 30 FR 258, Jan. 3, 1965; 30 FR 481, Jan. 14, 1965, as 
amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989]

[[Page 259]]



  Sec. Appendix D to Part 121--Criteria for Demonstration of Emergency 
                Evacuation Procedures Under Sec. 121.291

    (a) Aborted takeoff demonstration. (1) The demonstration must be 
conducted either during the dark of the night or during daylight with 
the dark of the night simulated. If the demonstration is conducted 
indoors during daylight hours, it must be conducted with each window 
covered and each door closed to minimize the daylight effect. 
Illumination on the floor or ground may be used, but it must be kept low 
and shielded against shining into the airplane's windows or doors.
    (2) The airplane must be a normal ground attitude with landing gear 
extended.
    (3) Unless the airplane is equipped with an off-wing descent means, 
stands or ramps may be used for descent from the wing to the ground. 
Safety equipment such as mats or inverted life rafts may be placed on 
the floor or ground to protect participants. No other equipment that is 
not part of the emergency evacuation equipment of the airplane may be 
used to aid the participants in reaching the ground.
    (4) The airplane's normal electrical power sources must be 
deenergized.
    (5) All emergency equipment for the type of passenger-carrying 
operation involved must be installed in accordance with the certificate 
holder's manual.
    (6) Each external door and exit, and each internal door or curtain 
must be in position to simulate a normal takeoff.
    (7) A representative passenger load of persons in normal health must 
be used. At least 40 percent of the passenger load must be females. At 
least 35 percent of the passenger load must be over 50 years of age. At 
least 15 percent of the passenger load must be female and over 50 year 
of age. Three life-size dolls, not included as part of the total 
passenger load, must be carried by passengers to simulate live infants 2 
years old or younger. Crewmembers, mechanics, and training personnel, 
who maintain or operate the airplane in the normal course of their 
duties, may not be used as passengers.
    (8) No passenger may be assigned a specific seat except as the 
Administrator may require. Except as required by item (12) of this 
paragraph, no employee of the certificate holder may be seated next to 
an emergency exit.
    (9) Seat belts and shoulder harnesses (as required) must be 
fastened.
    (10) Before the start of the demonstration, approximately one-half 
of the total average amount of carry-on baggage, blankets, pillows, and 
other similar articles must be distributed at several locations in the 
aisles and emergency exit access ways to create minor obstructions.
    (11) The seating density and arrangement of the airplane must be 
representative of the highest capacity passenger version of that 
airplane the certificate holder operates or proposes to operate.
    (12) Each crewmember must be a member of a regularly scheduled line 
crew, except that flight crewmembers need not be members of a regularly 
scheduled line crew, provided they have knowledge of the airplane. Each 
crewmember must be seated in the seat the crewmember is normally 
assigned for takeoff, and must remain in that seat until the signal for 
commencement of the demonstration is received.
    (13) No crewmember or passenger may be given prior knowledge of the 
emergency exits available for the demonstration.
    (14) The certificate holder may not practice, rehearse, or describe 
the demonstration for the participants nor may any participant have 
taken part in this type of demonstration within the preceding 6 months.
    (15) The pretakeoff passenger briefing required by Sec. 121.571 may 
be given in accordance with the certificate holder's manual. The 
passengers may also be warned to follow directions of crewmembers, but 
may not be instructed on the procedures to be followed in the 
demonstration.
    (16) If safety equipment as allowed by item (3) of this section is 
provided, either all passenger and cockpit windows must be blacked out 
or all of the emergency exits must have safety equipment in order to 
prevent disclosure of the available emergency exits.
    (17) Not more than 50 percent of the emergency exits in the sides of 
the fuselage of an airplane that meet all of the requirements applicable 
to the required emergency exits for that airplane may be used for the 
demonstration. Exits that are not to be used in the demonstration must 
have the exit handle deactivated or must be i