[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2013 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
Title 14
Aeronautics and Space
________________________
Parts 110 to 199
Revised as of January 1, 2013
Containing a codification of documents of general
applicability and future effect
As of January 1, 2013
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........................ 879
Alphabetical List of Agencies Appearing in the CFR...... 899
List of CFR Sections Affected........................... 909
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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
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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
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LEGAL STATUS
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[[Page vi]]
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Charles A. Barth,
Director,
Office of the Federal Register.
January 1, 2013.
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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, 2013.
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.
[[Page 1]]
TITLE 14--AERONAUTICS AND SPACE
(This book contains parts 110 to 199)
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Part
chapter I--Federal Aviation Administration, Department of
Transportation (Continued)................................ 110
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CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
(CONTINUED)
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SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE:
CERTIFICATION AND OPERATIONS
Part Page
110 General requirements........................ 5
111-116
[Reserved]
117 Flight and duty limitations and rest
requirements: flightcrew members (Eff.
1-4-14)................................. 8
118
[Reserved]
119 Certification: Air carriers and commercial
operators............................... 15
120 Drug and alcohol testing program............ 34
121 Operating requirements: Domestic, flag, and
supplemental operations................. 59
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 298
129 Operations: Foreign air carriers and foreign
operators of U.S.-registered aircraft
engaged in common carriage.............. 365
133 Rotorcraft external-load operations......... 382
135 Operating requirements: Commuter and on
demand operations and rules governing
persons on board such aircraft.......... 390
136 Commercial air tours and National Parks air
tour management......................... 512
137 Agricultural aircraft operations............ 519
139 Certification of airports................... 526
SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES
140
[Reserved]
141 Pilot schools............................... 547
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142 Training centers............................ 595
143
[Reserved]
145 Repair stations............................. 607
147 Aviation maintenance technician schools..... 620
SUBCHAPTER I--AIRPORTS
150 Airport noise compatibility planning........ 630
151 Federal aid to airports..................... 644
152 Airport aid program......................... 681
153 Airport operations.......................... 716
155 Release of airport property from surplus
property disposal restrictions.......... 717
156 State block grant pilot program............. 720
157 Notice of construction, alteration,
activation, and deactivation of airports 722
158 Passenger facility charges (PFC's).......... 724
161 Notice and approval of airport noise and
access restrictions..................... 749
169 Expenditure of Federal funds for nonmilitary
airports or air navigation facilities
thereon................................. 769
SUBCHAPTER J--NAVIGATIONAL FACILITIES
170 Establishment and discontinuance criteria
for air traffic control services and
navigational facilities................. 771
171 Non-Federal navigation facilities........... 774
SUBCHAPTER K--ADMINISTRATIVE REGULATIONS
183 Representatives of the Administrator........ 854
185 Testimony by employees and production of
records in legal proceedings, and
service of legal process and pleadings.. 861
187 Fees........................................ 862
189 Use of Federal Aviation Administration
communications system................... 866
193 Protection of voluntarily submitted
information............................. 868
SUBCHAPTERS L-M [RESERVED]
SUBCHAPTER N--WAR RISK INSURANCE
198 Aviation insurance.......................... 873
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 111 116 [RESERVED]
PART 117_FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW
MEMBERS (EFF. 1-4-14)--Table of Contents
Sec.
117.1 Applicability.
117.3 Definitions.
117.5 Fitness for duty.
117.7 Fatigue risk management system.
117.9 Fatigue education and awareness training program.
117.11 Flight time limitation.
117.13 Flight duty period: Unaugmented operations.
117.15 Flight duty period: Split duty.
117.17 Flight duty period: Augmented flightcrew.
117.19 Flight duty period extensions.
117.21 Reserve status.
117.23 Cumulative limitations.
117.25 Rest period.
117.27 Consecutive nighttime operations.
117.29 Emergency and government sponsored operations.
Table A to Part 117--Maximum Flight Time Limits for Unaugmented
Operations
Table B to Part 117--Flight Duty Period: Unaugmented Operations
Table C to Part 117--Flight Duty Period: Augmented Operations
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 46901, 44903-44904,
44912, 46105.
Source: Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012, unless
otherwise noted.
Effective Date Note: By Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4,
2012, part 117 was added, effective Jan. 14, 2014. By Amdt. 117-1A, 77
FR 28764, May 16, 2012, the effective date was corrected to be Jan. 4,
2014.
Sec. 117.1 Applicability.
(a) This part prescribes flight and duty limitations and rest
requirements for all flightcrew members and certificate holders
conducting passenger operations under part 121 of this chapter.
(b) This part applies to all operations directed by part 121
certificate holders under part 91, other than subpart K, of this chapter
if any segment is conducted as a domestic passenger, flag passenger, or
supplemental passenger operation.
(c) This part applies to all flightcrew members when participating
in an operation under part 91, other than subpart K of this chapter, on
behalf of the part 121 certificate holder if any flight segment is
conducted as a domestic passenger, flag passenger, or supplemental
passenger operation
(d) Notwithstanding paragraphs (a), (b) and (c) of this section, a
certificate holder may conduct under part 117 its part 121 operations
pursuant to 121.470, 121.480, or 121.500.
Sec. 117.3 Definitions.
In addition to the definitions in Sec. Sec. 1.1 and 110.2 of this
chapter, the following definitions apply to this part. In the event
there is a conflict in definitions, the definitions in this part
control.
Acclimated means a condition in which a flightcrew member has been
in a theater for 72 hours or has been given at least 36 consecutive
hours free from duty.
Airport/standby reserve means a defined duty period during which a
[[Page 9]]
flightcrew member is required by a certificate holder to be at an
airport for a possible assignment.
Augmented flightcrew means a flightcrew that has more than the
minimum number of flightcrew members required by the airplane type
certificate to operate the aircraft to allow a flightcrew member to be
replaced by another qualified flightcrew member for in-flight rest.
Calendar day means a 24-hour period from 0000 through 2359 using
Coordinated Universal Time or local time.
Certificate holder means a person who holds or is required to hold
an air carrier certificate or operating certificate issued under part
119 of this chapter.
Deadhead transportation means transportation of a flightcrew member
as a passenger or non-operating flightcrew member, by any mode of
transportation, as required by a certificate holder, excluding
transportation to or from a suitable accommodation. All time spent in
deadhead transportation is duty and is not rest. For purposes of
determining the maximum flight duty period in Table B of this part,
deadhead transportation is not considered a flight segment.
Duty means any task that a flightcrew member performs as required by
the certificate holder, including but not limited to flight duty period,
flight duty, pre- and post-flight duties, administrative work, training,
deadhead transportation, aircraft positioning on the ground, aircraft
loading, and aircraft servicing.
Fatigue means a physiological state of reduced mental or physical
performance capability resulting from lack of sleep or increased
physical activity that can reduce a flightcrew member's alertness and
ability to safely operate an aircraft or perform safety-related duties.
Fatigue risk management system (FRMS) means a management system for
a certificate holder to use to mitigate the effects of fatigue in its
particular operations. It is a data-driven process and a systematic
method used to continuously monitor and manage safety risks associated
with fatigue-related error.
Fit for duty means physiologically and mentally prepared and capable
of performing assigned duties at the highest degree of safety.
Flight duty period (FDP) means a period that begins when a
flightcrew member is required to report for duty with the intention of
conducting a flight, a series of flights, or positioning or ferrying
flights, and ends when the aircraft is parked after the last flight and
there is no intention for further aircraft movement by the same
flightcrew member. A flight duty period includes the duties performed by
the flightcrew member on behalf of the certificate holder that occur
before a flight segment or between flight segments without a required
intervening rest period. Examples of tasks that are part of the flight
duty period include deadhead transportation, training conducted in an
aircraft or flight simulator, and airport/standby reserve, if the above
tasks occur before a flight segment or between flight segments without
an intervening required rest period.
Home base means the location designated by a certificate holder
where a flightcrew member normally begins and ends his or her duty
periods.
Lineholder means a flightcrew member who has an assigned flight duty
period and is not acting as a reserve flightcrew member.
Long-call reserve means that, prior to beginning the rest period
required by Sec. 117.25, the flightcrew member is notified by the
certificate holder to report for a flight duty period following the
completion of the rest period.
Physiological night's rest means 10 hours of rest that encompasses
the hours of 0100 and 0700 at the flightcrew member's home base, unless
the individual has acclimated to a different theater. If the flightcrew
member has acclimated to a different theater, the rest must encompass
the hours of 0100 and 0700 at the acclimated location.
Report time means the time that the certificate holder requires a
flightcrew member to report for an assignment.
Reserve availability period means a duty period during which a
certificate holder requires a flightcrew member on short call reserve to
be available to receive an assignment for a flight duty period.
[[Page 10]]
Reserve flightcrew member means a flightcrew member who a
certificate holder requires to be available to receive an assignment for
duty.
Rest facility means a bunk or seat accommodation installed in an
aircraft that provides a flightcrew member with a sleep opportunity.
(1) Class 1 rest facility means a bunk or other surface that allows
for a flat sleeping position and is located separate from both the
flight deck and passenger cabin in an area that is temperature-
controlled, allows the flightcrew member to control light, and provides
isolation from noise and disturbance.
(2) Class 2 rest facility means a seat in an aircraft cabin that
allows for a flat or near flat sleeping position; is separated from
passengers by a minimum of a curtain to provide darkness and some sound
mitigation; and is reasonably free from disturbance by passengers or
flightcrew members.
(3) Class 3 rest facility means a seat in an aircraft cabin or
flight deck that reclines at least 40 degrees and provides leg and foot
support.
Rest period means a continuous period determined prospectively
during which the flightcrew member is free from all restraint by the
certificate holder, including freedom from present responsibility for
work should the occasion arise.
Scheduled means to appoint, assign, or designate for a fixed time.
Short-call reserve means a period of time in which a flightcrew
member is assigned to a reserve availability period.
Split duty means a flight duty period that has a scheduled break in
duty that is less than a required rest period.
Suitable accommodation means a temperature-controlled facility with
sound mitigation and the ability to control light that provides a
flightcrew member with the ability to sleep either in a bed, bunk or in
a chair that allows for flat or near flat sleeping position. Suitable
accommodation only applies to ground facilities and does not apply to
aircraft onboard rest facilities.
Theater means a geographical area in which the distance between the
flightcrew member's flight duty period departure point and arrival point
differs by no more than 60 degrees longitude.
Unforeseen operational circumstance means an unplanned event of
insufficient duration to allow for adjustments to schedules, including
unforecast weather, equipment malfunction, or air traffic delay that is
not reasonably expected.
Window of circadian low means a period of maximum sleepiness that
occurs between 0200 and 0559 during a physiological night.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012]
Sec. 117.5 Fitness for duty.
(a) Each flightcrew member must report for any flight duty period
rested and prepared to perform his or her assigned duties.
(b) No certificate holder may assign and no flightcrew member may
accept assignment to a flight duty period if the flightcrew member has
reported for a flight duty period too fatigued to safely perform his or
her assigned duties.
(c) No certificate holder may permit a flightcrew member to continue
a flight duty period if the flightcrew member has reported him or
herself too fatigued to continue the assigned flight duty period.
(d) As part of the dispatch or flight release, as applicable, each
flightcrew member must affirmatively state he or she is fit for duty
prior to commencing flight.
Sec. 117.7 Fatigue risk management system.
(a) No certificate holder may exceed any provision of this part
unless approved by the FAA under a Fatigue Risk Management System that
provides at least an equivalent level of safety against fatigue-related
accidents or incidents as the other provisions of this part.
(b) The Fatigue Risk Management System must include:
(1) A fatigue risk management policy.
(2) An education and awareness training program.
(3) A fatigue reporting system.
(4) A system for monitoring flightcrew fatigue.
[[Page 11]]
(5) An incident reporting process.
(6) A performance evaluation.
Sec. 117.9 Fatigue education and awareness training program.
(a) Each certificate holder must develop and implement an education
and awareness training program, approved by the Administrator. This
program must provide annual education and awareness training to all
employees of the certificate holder responsible for administering the
provisions of this rule including flightcrew members, dispatchers,
individuals directly involved in the scheduling of flightcrew members,
individuals directly involved in operational control, and any employee
providing direct management oversight of those areas.
(b) The fatigue education and awareness training program must be
designed to increase awareness of:
(1) Fatigue;
(2) The effects of fatigue on pilots; and
(3) Fatigue countermeasures
(c) (1) Each certificate holder must update its fatigue education
and awareness training program every two years and submit the update to
the Administrator for review and acceptance.
(2) Not later than 12 months after the date of submission of the
fatigue education and awareness training program required by (c)(1) of
this section, the Administrator shall review and accept or reject the
update. If the Administrator rejects an update, the Administrator shall
provide suggested modifications for resubmission of the update.
Sec. 117.11 Flight time limitation.
(a) No certificate holder may schedule and no flightcrew member may
accept an assignment or continue an assigned flight duty period if the
total flight time:
(1) Will exceed the limits specified in Table A of this part if the
operation is conducted with the minimum required flightcrew.
(2) Will exceed 13 hours if the operation is conducted with a 3-
pilot flightcrew.
(3) Will exceed 17 hours if the operation is conducted with a 4-
pilot flightcrew.
(b) If unforeseen operational circumstances arise after takeoff that
are beyond the certificate holder's control, a flightcrew member may
exceed the maximum flight time specified in paragraph (a) of this
section and the cumulative flight time limits in 117.23(b) to the extent
necessary to safely land the aircraft at the next destination airport or
alternate, as appropriate.
(c) Each certificate holder must report to the Administrator within
10 days any flight time that exceeded the maximum flight time limits
permitted by this section. The report must contain the following:
(1) A description of the extended flight time limitation and the
circumstances surrounding the need for the extension; and
(2) If the circumstances giving rise to the extension were within
the certificate holder's control, the corrective action(s) that the
certificate holder intends to take to minimize the need for future
extensions.
(d) Each certificate holder must implement the corrective action(s)
reported in paragraph (c)(2) of this section within 30 days from the
date of the extended flight time limitation.
Sec. 117.13 Flight duty period: Unaugmented operations.
(a) Except as provided for in Sec. 117.15, no certificate holder
may assign and no flightcrew member may accept an assignment for an
unaugmented flight operation if the scheduled flight duty period will
exceed the limits in Table B of this part.
(b) If the flightcrew member is not acclimated:
(1) The maximum flight duty period in Table B of this part is
reduced by 30 minutes.
(2) The applicable flight duty period is based on the local time at
the theater in which the flightcrew member was last acclimated.
Sec. 117.15 Flight duty period: Split duty.
For an unaugmented operation only, if a flightcrew member is
provided with a rest opportunity (an opportunity to sleep) in a suitable
accommodation during his or her flight duty period, the time that the
flightcrew member spends in the suitable accommodation
[[Page 12]]
is not part of that flightcrew member's flight duty period if all of the
following conditions are met:
(a) The rest opportunity is provided between the hours of 22:00 and
05:00 local time.
(b) The time spent in the suitable accommodation is at least 3
hours, measured from the time that the flightcrew member reaches the
suitable accommodation.
(c) The rest opportunity is scheduled before the beginning of the
flight duty period in which that rest opportunity is taken.
(d) The rest opportunity that the flightcrew member is actually
provided may not be less than the rest opportunity that was scheduled.
(e) The rest opportunity is not provided until the first segment of
the flight duty period has been completed.
(f) The combined time of the flight duty period and the rest
opportunity provided in this section does not exceed 14 hours.
Sec. 117.17 Flight duty period: Augmented flightcrew.
(a) For flight operations conducted with an acclimated augmented
flightcrew, no certificate holder may assign and no flightcrew member
may accept an assignment if the scheduled flight duty period will exceed
the limits specified in Table C of this part.
(b) If the flightcrew member is not acclimated:
(1) The maximum flight duty period in Table C of this part is
reduced by 30 minutes.
(2) The applicable flight duty period is based on the local time at
the theater in which the flightcrew member was last acclimated.
(c) No certificate holder may assign and no flightcrew member may
accept an assignment under this section unless during the flight duty
period:
(1) Two consecutive hours in the second half of the flight duty
period are available for in-flight rest for the pilot flying the
aircraft during landing.
(2) Ninety consecutive minutes are available for in-flight rest for
the pilot performing monitoring duties during landing.
(d) No certificate holder may assign and no flightcrew member may
accept an assignment involving more than three flight segments under
this section.
(e) At all times during flight, at least one flightcrew member
qualified in accordance with Sec. 121.543(b)(3)(i) of this chapter must
be at the flight controls.
Sec. 117.19 Flight duty period extensions.
(a) For augmented and unaugmented operations, if unforeseen
operational circumstances arise prior to takeoff:
(1) The pilot in command and the certificate holder may extend the
maximum flight duty period permitted in Tables B or C of this part up to
2 hours.
(2) An extension in the flight duty period under paragraph (a)(1) of
this section of more than 30 minutes may occur only once prior to
receiving a rest period described in Sec. 117.25(b).
(3) A flight duty period cannot be extended under paragraph (a)(1)
of this section if it causes a flightcrew member to exceed the
cumulative flight duty period limits specified in 117.23(c).
(4) Each certificate holder must report to the Administrator within
10 days any flight duty period that exceeded the maximum flight duty
period permitted in Tables B or C of this part by more than 30 minutes.
The report must contain the following:
(i) A description of the extended flight duty period and the
circumstances surrounding the need for the extension; and
(ii) If the circumstances giving rise to the extension were within
the certificate holder's control, the corrective action(s) that the
certificate holder intends to take to minimize the need for future
extensions.
(5) Each certificate holder must implement the corrective action(s)
reported in paragraph (a)(4) of this section within 30 days from the
date of the extended flight duty period.
(b) For augmented and unaugmented operations, if unforeseen
operational circumstances arise after takeoff:
(1) The pilot in command and the certificate holder may extend
maximum flight duty periods specified in Tables B or C of this part to
the extent necessary to safely land the aircraft at the next destination
airport or alternate airport, as appropriate.
[[Page 13]]
(2) An extension of the flight duty period under paragraph (b)(1) of
this section of more than 30 minutes may occur only once prior to
receiving a rest period described in Sec. 117.25(b).
(3) An extension taken under paragraph (b) of this section may
exceed the cumulative flight duty period limits specified in 117.23(c).
(4) Each certificate holder must report to the Administrator within
10 days any flight duty period that exceeded the maximum flight duty
period limits permitted by Tables B or C of this part by more than 30
minutes. The report must contain a description of the circumstances
surrounding the affected flight duty period.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012]
Sec. 117.21 Reserve status.
(a) Unless specifically designated as airport/standby or short-call
reserve by the certificate holder, all reserve is considered long-call
reserve.
(b) Any reserve that meets the definition of airport/standby reserve
must be designated as airport/standby reserve. For airport/standby
reserve, all time spent in a reserve status is part of the flightcrew
member's flight duty period.
(c) For short call reserve,
(1) The reserve availability period may not exceed 14 hours.
(2) For a flightcrew member who has completed a reserve availability
period, no certificate holder may schedule and no flightcrew member may
accept an assignment of a reserve availability period unless the
flightcrew member receives the required rest in Sec. 117.25(e).
(3) For an unaugmented operation, the total number of hours a
flightcrew member may spend in a flight duty period and a reserve
availability period may not exceed the lesser of the maximum applicable
flight duty period in Table B of this part plus 4 hours, or 16 hours, as
measured from the beginning of the reserve availability period.
(4) For an augmented operation, the total number of hours a
flightcrew member may spend in a flight duty period and a reserve
availability period may not exceed the flight duty period in Table C of
this part plus 4 hours, as measured from the beginning of the reserve
availability period.
(d) For long call reserve, if a certificate holder contacts a
flightcrew member to assign him or her to a flight duty period that will
begin before and operate into the flightcrew member's window of
circadian low, the flightcrew member must receive a 12 hour notice of
report time from the certificate holder.
(e) A certificate holder may shift a reserve flightcrew member's
reserve status from long-call to short-call only if the flightcrew
member receives a rest period as provided in Sec. 117.25(e).
Sec. 117.23 Cumulative limitations.
(a) The limitations of this section include all flying by flightcrew
members on behalf of any certificate holder or 91K Program Manager
during the applicable periods.
(b) No certificate holder may schedule and no flightcrew member may
accept an assignment if the flightcrew member's total flight time will
exceed the following:
(1) 100 hours in any 672 consecutive hours or
(2) 1,000 hours in any 365 consecutive calendar day period.
(c) No certificate holder may schedule and no flightcrew member may
accept an assignment if the flightcrew member's total Flight Duty Period
will exceed:
(1) 60 flight duty period hours in any 168 consecutive hours and
(2) 190 flight duty period hours in any 672 consecutive hours.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012]
Sec. 117.25 Rest period.
(a) No certificate holder may assign and no flightcrew member may
accept assignment to any reserve or duty with the certificate holder
during any required rest period.
(b) Before beginning any reserve or flight duty period a flightcrew
member must be given at least 30 consecutive hours free from all duty
within the past 168 consecutive hour period.
(c) If a flightcrew member operating in a new theater has received
36 consecutive hours of rest, that flightcrew
[[Page 14]]
member is acclimated and the rest period meets the requirements of
paragraph (b) of this section.
(d) If a flightcrew member travels more than 60[deg] longitude
during a flight duty period or a series of flight duty periods that
require him or her to be away from home base for more than 168
consecutive hours, the flightcrew member must be given a minimum of 56
consecutive hours rest upon return to home base. This rest must
encompass three physiological nights' rest based on local time.
(e) No certificate holder may schedule and no flightcrew member may
accept an assignment for any reserve or flight duty period unless the
flightcrew member is given a rest period of at least 10 consecutive
hours immediately before beginning the reserve or flight duty period
measured from the time the flightcrew member is released from duty. The
10 hour rest period must provide the flightcrew member with a minimum of
8 uninterrupted hours of sleep opportunity.
(f) If a flightcrew member determines that a rest period under
paragraph (e) of this section will not provide eight uninterrupted hours
of sleep opportunity, the flightcrew member must notify the certificate
holder. The flightcrew member cannot report for the assigned flight duty
period until he or she receives a rest period specified in paragraph (e)
of this section.
(g) If a flightcrew member engaged in deadhead transportation
exceeds the applicable flight duty period in Table B of this part, the
flightcrew member must be given a rest period equal to the length of the
deadhead transportation but not less than the required rest in paragraph
(e) of this section before beginning a flight duty period.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012]
Sec. 117.27 Consecutive nighttime operations.
A certificate holder may schedule and a flightcrew member may accept
up to five consecutive flight duty periods that infringe on the window
of circadian low if the certificate holder provides the flightcrew
member with an opportunity to rest in a suitable accommodation during
each of the consecutive nighttime flight duty periods. The rest
opportunity must be at least 2 hours, measured from the time that the
flightcrew member reaches the suitable accommodation, and must comply
with the conditions specified in Sec. 117.15(a), (c), (d), and (e).
Otherwise, no certificate holder may schedule and no flightcrew member
may accept more than three consecutive flight duty periods that infringe
on the window of circadian low. For purposes of this section, any split
duty rest that is provided in accordance with Sec. 117.15 counts as
part of a flight duty period.
Sec. 117.29 Emergency and government sponsored operations.
(a) This section applies to operations conducted pursuant to
contracts with the U.S. Government and operations conducted pursuant to
a deviation under Sec. 119.57 of this chapter that cannot otherwise be
conducted under this part because of circumstances that could prevent
flightcrew members from being relieved by another crew or safely
provided with the rest required under Sec. 117.25 at the end of the
applicable flight duty period.
(b) The pilot-in-command may determine that the maximum applicable
flight duty period and/or flight time must be exceeded to the extent
necessary to allow the flightcrew to fly to the closest destination
where they can safely be relieved from duty by another flightcrew or can
receive the requisite amount of rest prior to commencing their next
flight duty period.
(c) A flight duty period may not be extended for an operation
conducted pursuant to a contract with the U.S. Government if it causes a
flightcrew member to exceed the cumulative flight time limits in Sec.
117.23(b) and the cumulative flight duty period limits in Sec.
117.23(c).
(d) The flightcrew shall be given a rest period immediately after
reaching the destination described in paragraph (b) of this section
equal to the length of the actual flight duty period or 24 hours,
whichever is less.
(e) Each certificate holder must report within 10 days:
(1) Any flight duty period that exceeded the maximum flight duty
period permitted in Tables B or C of this part,
[[Page 15]]
as applicable, by more than 30 minutes; and
(2) Any flight time that exceeded the maximum flight time limits
permitted in Table A of this part and Sec. 117.11, as applicable.
(f) The report must contain the following:
(1) A description of the extended flight duty period and flight time
limitation, and the circumstances surrounding the need for the
extension; and
(2) If the circumstances giving rise to the extension(s) were within
the certificate holder's control, the corrective action(s) that the
certificate holder intends to take to minimize the need for future
extensions.
(g) Each certificate holder must implement the corrective action(s)
re-ported pursuant to paragraph (f)(2) of this section within 30 days
from the date of the extended flight duty period and/or the extended
flight time.
[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR
28764, May 16, 2012]
Sec. Table A to Part 117--Maximum Flight Time Limits for Unaugmented
Operations Table
------------------------------------------------------------------------
Maximum
Time of report (acclimated) flight time
(hours)
------------------------------------------------------------------------
0000-0459................................................. 8
0500-1959................................................. 9
2000-2359................................................. 8
------------------------------------------------------------------------
Table B to Part 117--Flight Duty Period: Unaugmented Operations
----------------------------------------------------------------------------------------------------------------
Maximum flight duty period (hours) for lineholders based on
number of flight segments
Scheduled time of start (acclimated time) --------------------------------------------------------------
1 2 3 4 5 6 7+
----------------------------------------------------------------------------------------------------------------
0000-0359........................................ 9 9 9 9 9 9 9
0400-0459........................................ 10 10 10 10 9 9 9
0500-0559........................................ 12 12 12 12 11.5 11 10.5
0600-0659........................................ 13 13 12 12 11.5 11 10.5
0700-1159........................................ 14 14 13 13 12.5 12 11.5
1200-1259........................................ 13 13 13 13 12.5 12 11.5
1300-1659........................................ 12 12 12 12 11.5 11 10.5
1700-2159........................................ 12 12 11 11 10 9 9
2200-2259........................................ 11 11 10 10 9 9 9
2300-2359........................................ 10 10 10 9 9 9 9
----------------------------------------------------------------------------------------------------------------
Sec. Table C to Part 117--Flight Duty Period: Augmented Operations
----------------------------------------------------------------------------------------------------------------
Maximum flight duty period (hours) based on rest facility and
number of pilots
-----------------------------------------------------------------
Scheduled time of start (acclimated time) Class 1 rest Class 2 rest Class 3 rest
facility facility facility
-----------------------------------------------------------------
3 pilots 4 pilots 3 pilots 4 pilots 3 pilots 4 pilots
----------------------------------------------------------------------------------------------------------------
0000-0559..................................... 15 17 14 15.5 13 13.5
0600-0659..................................... 16 18.5 15 16.5 14 14.5
0700-1259..................................... 17 19 16.5 18 15 15.5
1300-1659..................................... 16 18.5 15 16.5 14 14.5
1700-2359..................................... 15 17 14 15.5 13 13.5
----------------------------------------------------------------------------------------------------------------
PART 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.
[[Page 16]]
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.
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
[[Page 17]]
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;
(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
[[Page 18]]
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.
(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]
[[Page 19]]
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.
(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--
[[Page 20]]
(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
(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
[[Page 21]]
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 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--
[[Page 22]]
(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 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
[[Page 23]]
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.
(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
[[Page 24]]
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).
(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.
[[Page 25]]
(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 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
[[Page 26]]
(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--
(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
[[Page 27]]
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 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
[[Page 28]]
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.
Effective Date Note: By Amdt. 119-16, 77 FR 402, Jan. 4, 2012, Sec.
119.55 was amended by revising paragraph (a), effective Jan. 14, 2014.
By Amdt. 119-16A, 77 FR 28764, May 16, 2012, the effective date was
corrected to be Jan. 4, 2014. For the convenience of the user, the
revised text is set forth as follows:
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 117, part 121, or
part 135 of this chapter in order to perform operations under a U.S.
military contract.
* * * * *
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
[[Page 29]]
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 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
[[Page 30]]
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;
(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
[[Page 31]]
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 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
[[Page 32]]
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:
(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
[[Page 33]]
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 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
[[Page 34]]
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).
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
[[Page 35]]
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.
(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
[[Page 36]]
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 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.
[[Page 37]]
(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 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
[[Page 38]]
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 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
[[Page 39]]
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.
(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
[[Page 40]]
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.
(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
[[Page 41]]
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 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
[[Page 42]]
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 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
[[Page 43]]
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 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
[[Page 44]]
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-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.
[[Page 45]]
(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
(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.
[[Page 46]]
(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.
(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:
[[Page 47]]
------------------------------------------------------------------------
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 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.
[[Page 48]]
(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
(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.
[[Page 49]]
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 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.
[[Page 50]]
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 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
[[Page 51]]
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 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,
[[Page 52]]
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.
(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
[[Page 53]]
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 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.
[[Page 54]]
(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 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.
[[Page 55]]
(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 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.
[[Page 56]]
(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 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
[[Page 57]]
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.
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
[[Page 58]]
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,
(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.
[[Page 59]]
(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 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.
[[Page 60]]
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.
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.
[[Page 61]]
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.
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.
[[Page 62]]
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.
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.
121.473 Fatigue risk management system.
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.
[[Page 63]]
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.
121.495 Fatigue risk management system.
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.
121.527 Fatigue risk management system.
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.
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.
[[Page 64]]
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.
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
[[Page 65]]
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
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 No. 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, AirSep Focus, AirSep FreeStyle 5, Delphi
RS-00400, DeVilbiss Healthcare iGo, Inogen One, Inogen One G2, Inogen
One G3, Inova Labs LifeChoice, Inova Labs LifeChoice Activox,
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International Biophysics LifeChoice, Invacare XPO2, Invacare Solo2,
Oxlife Independence Oxygen Concentrator, Oxus RS-00400, Precision
Medical EasyPulse, Respironics EverGo, Respironics SimplyGo, SeQual
Eclipse and SeQual SAROS 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, AirSep Focus, AirSep FreeStyle 5, Delphi RS-00400,
DeVilbiss Healthcare iGo, Inogen One, Inogen One G2, Inogen One G3,
Inova Labs LifeChoice, Inova Labs LifeChoice Activox, International
Biophysics LifeChoice, Invacare XPO2, Invacare Solo2, Oxlife
Independence Oxygen Concentrator, Oxus RS-00400, Precision Medical
EasyPulse, Respironics EverGo, Respironics SimplyGo, SeQual Eclipse and
SeQual SAROS 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 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
[[Page 67]]
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; Amdt. 121-358, 77 FR 4220, Jan. 27,
2012; Amdt. 121-361, 77 FR 63221, Oct. 16, 2012]
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.
(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
[[Page 68]]
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.
(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:
[[Page 69]]
(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
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.
[[Page 70]]
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 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]
[[Page 71]]
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.
(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.
[[Page 72]]
(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.
(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--
[[Page 73]]
(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]
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
[[Page 74]]
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 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.
[[Page 75]]
(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 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
[[Page 76]]
(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 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.
[[Page 77]]
(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.
(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.
[[Page 78]]
(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.
(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
[[Page 79]]
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 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]
[[Page 80]]
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 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
[[Page 81]]
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 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.
[[Page 82]]
(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 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
[[Page 83]]
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 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
[[Page 84]]
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 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.
[[Page 85]]
(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 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
[[Page 86]]
(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.
(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
[[Page 87]]
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 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
[[Page 88]]
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) 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
[[Page 89]]
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 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
[[Page 90]]
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.
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
[[Page 91]]
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]
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.
[[Page 92]]
(g) Except as provided for the carrying of persons under Sec.
121.583 each airplane operated at an increased weight under this section
must, before it is used in passenger service, be inspected under the
special inspection procedures for return to passenger service
established and issued by the manufacturer and approved by the
Administrator.
Sec. 121.199 Nontransport category airplanes: Takeoff limitations.
(a) No person operating a nontransport category airplane may take
off that airplane at a weight greater than the weight that would allow
the airplane to be brought to a safe stop within the effective length of
the runway, from any point during the takeoff before reaching 105
percent of minimum control speed (the minimum speed at which an airplane
can be safely controlled in flight after an engine becomes inoperative)
or 115 percent of the power off stalling speed in the takeoff
configuration, whichever is greater.
(b) For the purposes of this section--
(1) It may be assumed that takeoff power is used on all engines
during the acceleration;
(2) Not more than 50 percent of the reported headwind component, or
not less than 150 percent of the reported tailwind component, may be
taken into account;
(3) The average runway gradient (the difference between the
elevations of the endpoints of the runway divided by the total length)
must be considered if it is more than one-half of 1 percent;
(4) It is assumed that the airplane is operating in standard
atmosphere; and
(5) The effective length of the runway for takeoff means the
distance from the end of the runway at which the takeoff is started to a
point at which the obstruction clearance plane associated with the other
end of the runway intersects the runway centerline.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132,
41 FR 55475, Dec. 20, 1976]
Sec. 121.201 Nontransport category airplanes: En route limitations:
One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a nontransport category airplane may take off that airplane at
a weight that does not allow a rate of climb of at least 50 feet a
minute, with the critical engine inoperative, at an altitude of at least
1,000 feet above the highest obstruction within five miles on each side
of the intended track, or 5,000 feet, whichever is higher.
(b) Notwithstanding paragraph (a) of this section, if the
Administrator finds that safe operations are not impaired, a person may
operate the airplane at an altitude that allows the airplane, in case of
engine failure, to clear all obstructions within 5 miles on each side of
the intended track by 1,000 feet. If this procedure is used, the rate of
descent for the appropriate weight and altitude is assumed to be 50 feet
a minute greater than the rate in the approved performance data. Before
approving such a procedure, the Administrator considers the following
for the route, route segment, or area concerned:
(1) The reliability of wind and weather forecasting.
(2) The location and kinds of navigation aids.
(3) The prevailing weather conditions, particularly the frequency
and amount of turbulence normally encountered.
(4) Terrain features.
(5) Air traffic control problems.
(6) Any other operational factors that affect the operation.
(c) For the purposes of this section, it is assumed that--
(1) The critical engine is inoperative;
(2) The propeller of the inoperative engine is in the minimum drag
position;
(3) The wing flaps and landing gear are in the most favorable
position;
(4) The operating engines are operating at the maximum continuous
power available;
(5) The airplane is operating in standard atmosphere; and
(6) The weight of the airplane is progressively reduced by the
anticipated consumption of fuel and oil.
[[Page 93]]
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 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]
[[Page 94]]
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 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
[[Page 95]]
requirements for the ``A'', ``B'', ``D'', or ``E'' categories. Each
Class C compartment must comply with the following:
(1) It must have a separate approved smoke or fire detector system
to give warning at the pilot or flight engineer station.
(2) It must have an approved built-in fire-extinguishing system
controlled from the pilot or flight engineer station.
(3) It must be designed to exclude hazardous quantities of smoke,
flames, or extinguishing agents from entering into any compartment
occupied by the crew or passengers.
(4) It must have ventilation and draft controlled so that the
extinguishing agent provided can control any fire that may start in the
compartment.
(5) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(e) Class D. Cargo and baggage compartments are classified in the
``D'' category if they are so designed and constructed that a fire
occurring therein will be completely confined without endangering the
safety of the airplane or the occupants. Each Class D compartment must
comply with the following:
(1) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering any compartment occupied by the
crew or passengers.
(2) Ventilation and drafts must be controlled within each
compartment so that any fire likely to occur in the compartment will not
progress beyond safe limits.
(3) It must be completely lined with fire-resistant material.
(4) Consideration must be given to the effect of heat within the
compartment on adjacent critical parts of the airplane.
(f) Class E. On airplanes used for the carriage of cargo only, the
cabin area may be classified as a Class ``E'' compartment. Each Class E
compartment must comply with the following:
(1) It must be completely lined with fire-resistant material.
(2) It must have a separate system of an approved type smoke or fire
detector to give warning at the pilot or flight engineer station.
(3) It must have a means to shut off the ventilating air flow to or
within the compartment and the controls for that means must be
accessible to the flight crew in the crew compartment.
(4) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering the flight crew compartment.
(5) Required crew emergency exits must be accessible under all cargo
loading conditions.
Sec. 121.223 Proof of compliance with Sec. 121.221.
Compliance with those provisions of Sec. 121.221 that refer to
compartment accessibility, the entry of hazardous quantities of smoke or
extinguishing agent into compartments occupied by the crew or
passengers, and the dissipation of the extinguishing agent in Class
``C'' compartments must be shown by tests in flight. During these tests
it must be shown that no inadvertent operation of smoke or fire
detectors in other compartments within the airplane would occur as a
result of fire contained in any one compartment, either during the time
it is being extinguished, or thereafter, unless the extinguishing system
floods those compartments simultaneously.
Sec. 121.225 Propeller deicing fluid.
If combustible fluid is used for propeller deicing, the certificate
holder must comply with Sec. 121.255.
Sec. 121.227 Pressure cross-feed arrangements.
(a) Pressure cross-feed lines may not pass through parts of the
airplane used for carrying persons or cargo unless--
(1) There is a means to allow crewmembers to shut off the supply of
fuel to these lines; or
(2) The lines are enclosed in a fuel and fume-proof enclosure that
is ventilated and drained to the exterior of the airplane.
However, such an enclosure need not be used if those lines incorporate
no fittings on or within the personnel or cargo areas and are suitably
routed or protected to prevent accidental damage.
[[Page 96]]
(b) Lines that can be isolated from the rest of the fuel system by
valves at each end must incorporate provisions for relieving excessive
pressures that may result from exposure of the isolated line to high
temperatures.
Sec. 121.229 Location of fuel tanks.
(a) Fuel tanks must be located in accordance with Sec. 121.255.
(b) No part of the engine nacelle skin that lies immediately behind
a major air outlet from the engine compartment may be used as the wall
of an integral tank.
(c) Fuel tanks must be isolated from personnel compartments by means
of fume- and fuel-proof enclosures.
Sec. 121.231 Fuel system lines and fittings.
(a) Fuel lines must be installed and supported so as to prevent
excessive vibration and so as to be adequate to withstand loads due to
fuel pressure and accelerated flight conditions.
(b) Lines connected to components of the airplanes between which
there may be relative motion must incorporate provisions for
flexibility.
(c) Flexible connections in lines that may be under pressure and
subject to axial loading must use flexible hose assemblies rather than
hose clamp connections.
(d) Flexible hose must be of an acceptable type or proven suitable
for the particular application.
Sec. 121.233 Fuel lines and fittings in designated fire zones.
Fuel lines and fittings in each designated fire zone must comply
with Sec. 121.259.
Sec. 121.235 Fuel valves.
Each fuel valve must--
(a) Comply with Sec. 121.257;
(b) Have positive stops or suitable index provisions in the ``on''
and ``off'' positions; and
(c) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines connected
to the valve.
Sec. 121.237 Oil lines and fittings in designated fire zones.
Oil line and fittings in each designated fire zone must comply with
Sec. 121.259.
Sec. 121.239 Oil valves.
(a) Each oil valve must--
(1) Comply with Sec. 121.257;
(2) Have positive stops or suitable index provisions in the ``on''
and ``off'' positions; and
(3) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines attached
to the valve.
(b) The closing of an oil shutoff means must not prevent feathering
the propeller, unless equivalent safety provisions are incorporated.
Sec. 121.241 Oil system drains.
Accessible drains incorporating either a manual or automatic means
for positive locking in the closed position, must be provided to allow
safe drainage of the entire oil system.
Sec. 121.243 Engine breather lines.
(a) Engine breather lines must be so arranged that condensed water
vapor that may freeze and obstruct the line cannot accumulate at any
point.
(b) Engine breathers must discharge in a location that does not
constitute a fire hazard in case foaming occurs and so that oil emitted
from the line does not impinge upon the pilots' windshield.
(c) Engine breathers may not discharge into the engine air induction
system.
Sec. 121.245 Fire walls.
Each engine, auxiliary power unit, fuel-burning heater, or other
item of combustion equipment that is intended for operation in flight
must be isolated from the rest of the airplane by means of firewalls or
shrouds, or by other equivalent means.
Sec. 121.247 Fire-wall construction.
Each fire wall and shroud must--
(a) Be so made that no hazardous quantity of air, fluids, or flame
can
[[Page 97]]
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, 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
[[Page 98]]
fluids or gases, comply with Sec. 121.259, if the Administrator finds
that the rupture or breakage of any vent or drain line may result in a
fire hazard.
Sec. 121.263 Fire-extinguishing systems.
(a) Unless the certificate holder shows that equivalent protection
against destruction of the airplane in case of fire is provided by the
use of fireproof materials in the nacelle and other components that
would be subjected to flame, fire-extinguishing systems must be provided
to serve all designated fire zones.
(b) Materials in the fire-extinguishing system must not react
chemically with the extinguishing agent so as to be a hazard.
Sec. 121.265 Fire-extinguishing agents.
Only methyl bromide, carbon dioxide, or another agent that has been
shown to provide equivalent extinguishing action may be used as a fire-
extinguishing agent. If methyl bromide or any other toxic extinguishing
agent is used, provisions must be made to prevent harmful concentrations
of fluid or fluid vapors from entering any personnel compartment either
because of leakage during normal operation of the airplane or because of
discharging the fire extinguisher on the ground or in flight when there
is a defect in the extinguishing system. If a methyl bromide system is
used, the containers must be charged with dry agent and sealed by the
fire-extinguisher manufacturer or some other person using satisfactory
recharging equipment. If carbon dioxide is used, it must not be possible
to discharge enough gas into the personnel compartments to create a
danger of suffocating the occupants.
Sec. 121.267 Extinguishing agent container pressure relief.
Extinguishing agent containers must be provided with a pressure
relief to prevent bursting of the container because of excessive
internal pressures. The discharge line from the relief connection must
terminate outside the airplane in a place convenient for inspection on
the ground. An indicator must be provided at the discharge end of the
line to provide a visual indication when the container has discharged.
Sec. 121.269 Extinguishing agent container compartment temperature.
Precautions must be taken to insure that the extinguishing agent
containers are installed in places where reasonable temperatures can be
maintained for effective use of the extinguishing system.
Sec. 121.271 Fire-extinguishing system materials.
(a) Except as provided in paragraph (b) of this section, each
component of a fire-extinguishing system that is in a designated fire
zone must be made of fireproof materials.
(b) Connections that are subject to relative motion between
components of the airplane must be made of flexible materials that are
at least fire-resistant and be located so as to minimize the probability
of failure.
Sec. 121.273 Fire-detector systems.
Enough quick-acting fire detectors must be provided in each
designated fire zone to assure the detection of any fire that may occur
in that zone.
Sec. 121.275 Fire detectors.
Fire detectors must be made and installed in a manner that assures
their ability to resist, without failure, all vibration, inertia, and
other loads to which they may be normally subjected. Fire detectors must
be unaffected by exposure to fumes, oil, water, or other fluids that may
be present.
Sec. 121.277 Protection of other airplane components against fire.
(a) Except as provided in paragraph (b) of this section, all
airplane surfaces aft of the nacelles in the area of one nacelle
diameter on both sides of the nacelle centerline must be made of
material that is at least fire resistant.
(b) Paragraph (a) of this section does not apply to tail surfaces
lying behind nacelles unless the dimensional configuration of the
airplane is such that the tail surfaces could be affected readily by
heat, flames, or sparks emanating from a designated fire zone or from
the engine compartment of any nacelle.
[[Page 99]]
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.
(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
[[Page 100]]
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]
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
[[Page 101]]
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 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]
[[Page 102]]
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 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).
[[Page 103]]
(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 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.
[[Page 104]]
(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 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
[[Page 105]]
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 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
[[Page 106]]
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, 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
[[Page 107]]
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 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
[[Page 108]]
must meet the requirements of Sec. 25.813(c) of this chapter in effect
on April 30, 1972; and
(ii) For an airplane for which the application for the type
certificate was filed on or after May 1, 1972, the access must meet the
emergency exit access requirements under which the airplane was type
certificated; except that,
(iii) After December 3, 1992, the access for an airplane type
certificated after January 1, 1958, must meet the requirements of Sec.
25.813(c) of this chapter, effective June 3, 1992.
(iv) Contrary provisions of this section notwithstanding, the
Manager of the Transport Airplane Directorate, Aircraft Certification
Service, Federal Aviation Administration, may authorize deviation from
the requirements of paragraph (f)(3)(iii) of this section if it is
determined that special circumstances make compliance impractical. Such
special circumstances include, but are not limited to, the following
conditions when they preclude achieving compliance with Sec.
25.813(c)(1)(i) or (ii) without a reduction in the total number of
passenger seats: emergency exits located in close proximity to each
other; fixed installations such as lavatories, galleys, etc.;
permanently mounted bulkheads; an insufficient number of rows ahead of
or behind the exit to enable compliance without a reduction in the seat
row pitch of more than one inch; or an insufficient number of such rows
to enable compliance without a reduction in the seat row pitch to less
than 30 inches. A request for such grant of deviation must include
credible reasons as to why literal compliance with Sec. 25.813(c)(1)(i)
or (ii) is impractical and a description of the steps taken to achieve a
level of safety as close to that intended by Sec. 25.813(c)(1)(i) or
(ii) as is practical.
(v) The Manager of the Transport Airplane Directorate, Aircraft
Certification Service, Federal Aviation Administration, may also
authorize a compliance date later than December 3, 1992, if it is
determined that special circumstances make compliance by that date
impractical. A request for such grant of deviation must outline the
airplanes for which compliance will be achieved by December 3, 1992, and
include a proposed schedule for incremental compliance of the remaining
airplanes in the operator's fleet. In addition, the request must include
credible reasons why compliance cannot be achieved earlier.
(4) If it is necessary to pass through a passageway between
passenger compartments to reach any required emergency exit from any
seat in the passenger cabin, the passageway must not be obstructed.
However, curtains may be used if they allow free entry through the
passageway.
(5) No door may be installed in any partition between passenger
compartments.
(6) 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
[[Page 109]]
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 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]
[[Page 110]]
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: ``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:
[[Page 111]]
(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 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.
[[Page 112]]
(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.
(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,
[[Page 113]]
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 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
[[Page 114]]
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 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
[[Page 115]]
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 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
[[Page 116]]
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.
(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
[[Page 117]]
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 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
[[Page 118]]
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 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]