[Title 14 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2009 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
14
Parts 110 to 199
Revised as of January 1, 2009
Aeronautics and Space
________________________
Containing a codification of documents of general
applicability and future effect
As of January 1, 2009
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
As of Jan. 1, 2009
Title 14, Parts 140 to 199
Revised as of Jan. 1, 2008
Is Replaced by
Title 14, Parts 110 to 199
[[Page v]]
Table of Contents
Page
Explanation................................................. vii
Title 14:
Chapter I--Federal Aviation Administration,
Department of Transportation (Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 843
Alphabetical List of Agencies Appearing in the CFR...... 863
List of CFR Sections Affected........................... 873
[[Page vi]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 14 CFR 119.1 refers
to title 14, part 119,
section 1.
----------------------------
[[Page vii]]
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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The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
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collection request.
[[Page viii]]
Many agencies have begun publishing numerous OMB control numbers as
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[[Page ix]]
REPUBLICATION OF MATERIAL
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Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2009.
[[Page xi]]
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--Office of Management and
Budget. The contents of these volumes represent all current regulations
codified under this title of the CFR as of January 1, 2009.
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)................................ 119
[[Page 3]]
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
110-118 [Reserved]
119 Certification: Air carriers and commercial
operators............................... 5
121 Operating requirements: Domestic, flag, and
supplemental operations................. 26
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 283
129 Operations: Foreign air carriers and foreign
operators of U.S.-registered aircraft
engaged in common carriage.............. 349
133 Rotorcraft external-load operations......... 362
135 Operating requirements: Commuter and on
demand operations and rules governing
persons on board such aircraft.......... 369
136 Commercial air tours and National Parks air
tour management......................... 491
137 Agricultural aircraft operations............ 499
139 Certification of airports................... 506
SUBCHAPTER H--SCHOOLS AND OTHER CERTIFICATED AGENCIES
140 [Reserved]
141 Pilot schools............................... 527
142 Training centers............................ 562
143 [Reserved]
145 Repair stations............................. 574
[[Page 4]]
147 Aviation maintenance technician schools..... 586
SUBCHAPTER I--AIRPORTS
150 Airport noise compatibility planning........ 595
151 Federal aid to airports..................... 609
152 Airport aid program......................... 646
153 Airport operations.......................... 681
155 Release of airport property from surplus
property disposal restrictions.......... 682
156 State block grant pilot program............. 685
157 Notice of construction, alteration,
activation, and deactivation of airports 687
158 Passenger facility charges (PFC's).......... 689
161 Notice and approval of airport noise and
access restrictions..................... 714
169 Expenditure of Federal funds for nonmilitary
airports or air navigation facilities
thereon................................. 734
SUBCHAPTER J--NAVIGATIONAL FACILITIES
170 Establishment and discontinuance criteria
for air traffic control services and
navigational facilities................. 736
171 Non-Federal navigation facilities........... 739
SUBCHAPTER K--ADMINISTRATIVE REGULATIONS
183 Representatives of the Administrator........ 819
185 Testimony by employees and production of
records in legal proceedings, and
service of legal process and pleadings.. 826
187 Fees........................................ 827
189 Use of Federal Aviation Administration
communications system................... 831
193 Protection of voluntarily submitted
information............................. 833
SUBCHAPTERS L-M [RESERVED]
SUBCHAPTER N--WAR RISK INSURANCE
198 Aviation insurance.......................... 838
199 [Reserved]
[[Page 5]]
SUBCHAPTER G_AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE:
CERTIFICATION AND OPERATIONS
PARTS 110-118 [Reserved]
PART 119_CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS--Table of
Contents
Subpart A_General
Sec.
119.1 Applicability.
119.3 Definitions.
119.5 Certifications, authorizations, and prohibitions.
119.7 Operations specifications.
119.9 Use of business names.
Subpart B_Applicability of Operating Requirements to Different Kinds of
Operations Under Parts 121, 125, and 135 of This Chapter
119.21 Commercial operators engaged in intrastate common carriage and
direct air carriers.
119.23 Operators engaged in passenger-carrying operations, cargo
operations, or both with airplanes when common carriage is not
involved.
119.25 Rotorcraft operations: Direct air carriers and commercial
operators.
Subpart C_Certification, Operations Specifications, and Certain Other
Requirements for Operations Conducted Under Part 121 or Part 135 of This
Chapter
119.31 Applicability.
119.33 General requirements.
119.35 Certificate application requirements for all operators.
119.36 Additional certificate application requirements for commercial
operators.
119.37 Contents of an Air Carrier Certificate or Operating Certificate.
119.39 Issuing or denying a certificate.
119.41 Amending a certificate.
119.43 Certificate holder's duty to maintain operations specifications.
119.45 [Reserved]
119.47 Maintaining a principal base of operations, main operations base,
and main maintenance base; change of address.
119.49 Contents of operations specifications.
119.51 Amending operations specifications.
119.53 Wet leasing of aircraft and other arrangements for transportation
by air.
119.55 Obtaining deviation authority to perform operations under a U.S.
military contract.
119.57 Obtaining deviation authority to perform an emergency operation.
119.59 Conducting tests and inspections.
119.61 Duration and surrender of certificate and operations
specifications.
119.63 Recency of operation.
119.65 Management personnel required for operations conducted under part
121 of this chapter.
119.67 Management personnel: Qualifications for operations conducted
under part 121 of this chapter.
119.69 Management personnel required for operations conducted under part
135 of this chapter.
119.71 Management personnel: Qualifications for operations conducted
under part 135 of this chapter.
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: Docket 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
[[Page 6]]
for each kind of operation to be conducted and each class and size of
aircraft to be operated under part 121 or 135 of this chapter;
(3) The requirements an operator must meet to conduct operations
under part 121, 125, or 135 of this chapter and in operating each class
and size of aircraft authorized in its operations specifications;
(4) Requirements affecting wet leasing of aircraft and other
arrangements for transportation by air;
(5) Requirements for obtaining deviation authority to perform
operations under a military contract and obtaining deviation authority
to perform an emergency operation; and
(6) Requirements for management personnel for operations conducted
under part 121 or part 135 of this chapter.
(c) Persons subject to this part must comply with the other
requirements of this chapter, except where those requirements are
modified by or where additional requirements are imposed by part 119,
121, 125, or 135 of this chapter.
(d) This part does not govern operations conducted under part 91,
subpart K (when common carriage is not involved) nor does it govern
operations conducted under part 129, 133, 137, or 139 of this chapter.
(e) Except for operations when common carriage is not involved
conducted with airplanes having a passenger-seat configuration of 20
seats or more, excluding any required crewmember seat, or a payload
capacity of 6,000 pounds or more, this part does not apply to--
(1) Student instruction;
(2) Nonstop Commercial Air Tours conducted after September 11, 2007,
in an airplane or helicopter having a standard airworthiness certificate
and passenger-seat configuration of 30 seats or fewer and a maximum
payload capacity of 7,500 pounds or less that begin and end at the same
airport, and are conducted within a 25-statute mile radius of that
airport, in compliance with the Letter of Authorization issued under
Sec. 91.147 of this chapter. For nonstop Commercial Air Tours conducted
in accordance with part 136, subpart B of this chapter, National Parks
Air Tour Management, the requirements of part 119 of this chapter apply
unless excepted in Sec. 136.37(g)(2). For Nonstop Commercial Air Tours
conducted in the vicinity of the Grand Canyon National Park, Arizona,
the requirements of SFAR 50-2, part 93, subpart U, and part 119 of this
chapter, as applicable, apply.
(3) Ferry or training flights;
(4) Aerial work operations, including--
(i) Crop dusting, seeding, spraying, and bird chasing;
(ii) Banner towing;
(iii) Aerial photography or survey;
(iv) Fire fighting;
(v) Helicopter operations in construction or repair work (but it
does apply to transportation to and from the site of operations); and
(vi) Powerline or pipeline patrol;
(5) Sightseeing flights conducted in hot air balloons;
(6) Nonstop flights conducted within a 25-statute-mile radius of the
airport of takeoff carrying persons or objects for the purpose of
conducting intentional parachute operations.
(7) Helicopter flights conducted within a 25 statute mile radius of
the airport of takeoff if--
(i) Not more than two passengers are carried in the helicopter in
addition to the required flightcrew;
(ii) Each flight is made under day VFR conditions;
(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
[[Page 7]]
(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 Definitions.
For the purpose of subchapter G of this chapter, 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. Sec. 121.583(a) or
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 (AMC/DOB) 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:
(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,
[[Page 8]]
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 flight crewmembers--180 pounds.
(B) For female flight crewmembers--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 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 title 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:
[[Page 9]]
(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) 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 title.
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) 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 also used in domestic or flag operations and
that is so listed in the operations specifications as required by Sec.
119.49(a)(4) 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 title.
Wet lease means any leasing arrangement whereby a person agrees to
provide an entire aircraft and at least one
[[Page 10]]
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.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-1,
61 FR 2609, Jan. 26, 1996; Amdt. 119-2, 61 FR 30433, June 14, 1996;
Amdt. 119-3, 62 FR 13253, Mar. 19, 1997; Amdt. 119-6, 67 FR 72761, Dec.
6, 2002; Amdt. 119-8, 68 FR 41217, July 10, 2003; 72 FR 6911, Feb. 13,
2007]
Sec. 119.5 Certifications, authorizations, and prohibitions.
(a) A person authorized by the Administrator to conduct operations
as a direct air carrier will be issued an Air Carrier Certificate.
(b) A person who is not authorized to conduct direct air carrier
operations, but who is authorized by the Administrator to conduct
operations as a U.S. commercial operator, will be issued an Operating
Certificate.
(c) A person who is not authorized to conduct direct air carrier
operations, but who is authorized by the Administrator to conduct
operations when common carriage is not involved as an operator of U.S.-
registered civil airplanes with a seat configuration of 20 or more
passengers, or a maximum payload capacity of 6,000 pounds or more, will
be issued an Operating Certificate.
(d) A person authorized to engage in common carriage under part 121
or part 135 of this chapter, or both, shall be issued only one
certificate authorizing such common carriage, regardless of the kind of
operation or the class or size of aircraft to be operated.
(e) A person authorized to engage in noncommon or private carriage
under part 125 or part 135 of this chapter, or both, shall be issued
only one certificate authorizing such carriage, regardless of the kind
of operation or the class or size of aircraft to be operated.
(f) A person conducting operations under more than one paragraph of
Sec. Sec. 119.21, 119.23, or 119.25 shall conduct those operations in
compliance with--
(1) The requirements specified in each paragraph of those sections
for the kind of operation conducted under that paragraph; and
(2) The appropriate authorizations, limitations, and procedures
specified in the operations specifications for each kind of operation.
(g) No person may operate as a direct air carrier or as a commercial
operator without, or in violation of, an appropriate certificate and
appropriate operations specifications. No person may operate as a direct
air carrier or as a commercial operator in violation of any deviation or
exemption authority, if issued to that person or that person's
representative.
(h) A person holding an Operating Certificate authorizing noncommon
or private carriage operations shall not conduct any operations in
common carriage. A person holding an Air Carrier Certificate or
Operating Certificate authorizing common carriage operations shall not
conduct any operations in noncommon carriage.
(i) No person may operate as a direct air carrier without holding
appropriate economic authority from the Department of Transportation.
(j) A certificate holder under this part may not operate aircraft
under part 121 or part 135 of this chapter in a geographical area unless
its operations specifications specifically authorize the certificate
holder to operate in that area.
(k) No person may advertise or otherwise offer to perform an
operation subject to this part unless that person is authorized by the
Federal Aviation Administration to conduct that operation.
[[Page 11]]
(l) No person may operate an aircraft under this part, part 121 of
this chapter, or part 135 of this chapter in violation of an air carrier
operating certificate, operating certificate, or appropriate operations
specifications issued under this part.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3,
62 FR 13253, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]
Sec. 119.7 Operations specifications.
(a) Each certificate holder's operations specifications must
contain--
(1) The authorizations, limitations, and certain procedures under
which each kind of operation, if applicable, is to be conducted; and
(2) Certain other procedures under which each class and size of
aircraft is to be operated.
(b) Except for operations specifications paragraphs identifying
authorized kinds of operations, operations specifications are not a part
of a certificate.
Sec. 119.9 Use of business names.
(a) A certificate holder under this part may not operate an aircraft
under part 121 or part 135 of this chapter using a business name other
than a business name appearing in the certificate holder's operations
specifications.
(b) No person may operate an aircraft under part 121 or part 135 of
this chapter unless the name of the certificate holder who is operating
the aircraft, or the air carrier or operating certificate number of the
certificate holder who is operating the aircraft, is legibly displayed
on the aircraft and is clearly visible and readable from the outside of
the aircraft to a person standing on the ground at any time except
during flight time. The means of displaying the name on the aircraft and
its readability must be acceptable to the Administrator.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3,
62 FR 13253, Mar. 19, 1997]
Subpart B_Applicability of Operating Requirements to Different Kinds of
Operations Under Parts 121, 125, and 135 of This Chapter
Sec. 119.21 Commercial operators engaged in intrastate common carriage and
direct air carriers.
(a) Each person who conducts airplane operations as a commercial
operator engaged in intrastate common carriage of persons or property
for compensation or hire in air commerce, or as a direct air carrier,
shall comply with the certification and operations specifications
requirements in subpart C of this part, and shall conduct its:
(1) Domestic operations in accordance with the applicable
requirements of part 121 of this chapter, and shall be issued operations
specifications for those operations in accordance with those
requirements. However, based on a showing of safety in air commerce, the
Administrator may permit persons who conduct domestic operations between
any point located within any of the following Alaskan islands and any
point in the State of Alaska to comply with the requirements applicable
to flag operations contained in subpart U of part 121 of this chapter:
(i) The Aleutian Islands.
(ii) The Pribilof Islands.
(iii) The Shumagin Islands.
(2) Flag operations in accordance with the applicable requirements
of part 121 of this chapter, and shall be issued operations
specifications for those operations in accordance with those
requirements.
(3) Supplemental operations in accordance with the applicable
requirements of part 121 of this chapter, and shall be issued operations
specifications for those operations in accordance with those
requirements. However, based on a determination of safety in air
commerce, the Administrator may authorize or require those operations to
be conducted under paragraph (a)(1) or (a)(2) of this section.
(4) Commuter operations in accordance with the applicable
requirements of part 135 of this chapter, and shall be issued operations
specifications for those operations in accordance with those
requirements.
[[Page 12]]
(5) On-demand operations in accordance with the applicable
requirements of part 135 of this chapter, and shall be issued operations
specifications for those operations in accordance with those
requirements.
(b) Persons who are subject to the requirements of paragraph (a)(4)
of this section may conduct those operations in accordance with the
requirements of paragraph (a)(1) or (a)(2) of this section, provided
they obtain authorization from the Administrator.
(c) Persons who are subject to the requirements of paragraph (a)(5)
of this section may conduct those operations in accordance with the
requirements of paragraph (a)(3) of this section, provided they obtain
authorization from the Administrator.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2,
61 FR 30433, June 14, 1996; Amdt. 119-3, 62 FR 13254, Mar. 19, 1997]
Sec. 119.23 Operators engaged in passenger-carrying operations, cargo
operations, or both with airplanes when common carriage is not involved.
(a) Each person who conducts operations when common carriage is not
involved with airplanes having a passenger-seat configuration of 20
seats or more, excluding each crewmember seat, or a payload capacity of
6,000 pounds or more, shall, unless deviation authority is issued--
(1) Comply with the certification and operations specifications
requirements of part 125 of this chapter;
(2) Conduct its operations with those airplanes in accordance with
the requirements of part 125 of this chapter; and
(3) Be issued operations specifications in accordance with those
requirements.
(b) Each person who conducts noncommon carriage (except as provided
in Sec. 91.501(b) of this chapter) or private carriage operations for
compensation or hire with airplanes having a passenger-seat
configuration of less than 20 seats, excluding each crewmember seat, and
a payload capacity of less than 6,000 pounds shall--
(1) Comply with the certification and operations specifications
requirements in subpart C of this part;
(2) Conduct those operations in accordance with the requirements of
part 135 of this chapter, except for those requirements applicable only
to commuter operations; and
(3) Be issued operations specifications in accordance with those
requirements.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2,
61 FR 30434, June 14, 1996]
Sec. 119.25 Rotorcraft operations: Direct air carriers and commercial
operators.
Each person who conducts rotorcraft operations for compensation or
hire must comply with the certification and operations specifications
requirements of Subpart C of this part, and shall conduct its:
(a) Commuter operations in accordance with the applicable
requirements of part 135 of this chapter, and shall be issued operations
specifications for those operations in accordance with those
requirements.
(b) On-demand operations in accordance with the applicable
requirements of part 135 of this chapter, and shall be issued operations
specifications for those operations in accordance with those
requirements.
Subpart C_Certification, Operations Specifications, and Certain Other
Requirements for Operations Conducted Under Part 121 or Part 135 of This
Chapter
Sec. 119.31 Applicability.
This subpart sets out certification requirements and prescribes the
content of operations specifications and certain other requirements for
operations conducted under part 121 or part 135 of this chapter.
Sec. 119.33 General requirements.
(a) A person may not operate as a direct air carrier unless that
person--
(1) Is a citizen of the United States;
(2) Obtains an Air Carrier Certificate; and
[[Page 13]]
(3) Obtains operations specifications that prescribe the
authorizations, limitations, and procedures under which each kind of
operation must be conducted.
(b) A person other than a direct air carrier may not conduct any
commercial passenger or cargo aircraft operation for compensation or
hire under part 121 or part 135 of this chapter unless that person--
(1) Is a citizen of the United States;
(2) Obtains an Operating Certificate; and
(3) Obtains operations specifications that prescribe the
authorizations, limitations, and procedures under which each kind of
operation must be conducted.
(c) Each applicant for a certificate under this part and each
applicant for operations specifications authorizing a new kind of
operation that is subject to Sec. 121.163 or Sec. 135.145 of this
chapter shall conduct proving tests as authorized by the Administrator
during the application process for authority to conduct operations under
part 121 or part 135 of this chapter. All proving tests must be
conducted in a manner acceptable to the Administrator. All proving tests
must be conducted under the appropriate operating and maintenance
requirements of part 121 or 135 of this chapter that would apply if the
applicant were fully certificated. The Administrator will issue a letter
of authorization to each person stating the various authorities under
which the proving tests shall be conducted.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2,
61 FR 30434, June 14, 1996]
Sec. 119.35 Certificate application requirements for all operators.
(a) A person applying to the Administrator for an Air Carrier
Certificate or Operating Certificate under this part (applicant) must
submit an application--
(1) In a form and manner prescribed by the Administrator; and
(2) Containing any information the Administrator requires the
applicant to submit.
(b) Each applicant must submit the application to the Administrator
at least 90 days before the date of intended operation.
[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]
Sec. 119.36 Additional certificate application requirements for commercial
operators.
(a) Each applicant for the original issue of an operating
certificate for the purpose of conducting intrastate common carriage
operations under part 121 or part 135 of this chapter must submit an
application in a form and manner prescribed by the Administrator to the
Flight Standards District Office in whose area the applicant proposes to
establish or has established his or her principal base of operations.
(b) Each application submitted under paragraph (a) of this section
must contain a signed statement showing the following:
(1) For corporate applicants:
(i) The name and address of each stockholder who owns 5 percent or
more of the total voting stock of the corporation, and if that
stockholder is not the sole beneficial owner of the stock, the name and
address of each beneficial owner. An individual is considered to own the
stock owned, directly or indirectly, by or for his or her spouse,
children, grandchildren, or parents.
(ii) The name and address of each director and each officer and each
person employed or who will be employed in a management position
described in Sec. Sec. 119.65 and 119.69, as applicable.
(iii) The name and address of each person directly or indirectly
controlling or controlled by the applicant and each person under direct
or indirect control with the applicant.
(2) For non-corporate applicants:
(i) The name and address of each person having a financial interest
therein and the nature and extent of that interest.
(ii) The name and address of each person employed or who will be
employed in a management position described in Sec. Sec. 119.65 and
119.69, as applicable.
(c) In addition, each applicant for the original issue of an
operating certificate under paragraph (a) of this section
[[Page 14]]
must submit with the application a signed statement showing--
(1) The nature and scope of its intended operation, including the
name and address of each person, if any, with whom the applicant has a
contract to provide services as a commercial operator and the scope,
nature, date, and duration of each of those contracts; and
(2) For applicants intending to conduct operations under part 121 of
this chapter, the financial information listed in paragraph (e) of this
section.
(d) Each applicant for, or holder of, a certificate issued under
paragraph (a) of this section, shall notify the Administrator within 10
days after--
(1) A change in any of the persons, or the names and addresses of
any of the persons, submitted to the Administrator under paragraph
(b)(1) or (b)(2) of this section; or
(2) For applicants intending to conduct operations under part 121 of
this chapter, a change in the financial information submitted to the
Administrator under paragraph (e) of this section that occurs while the
application for the issue is pending before the FAA and that would make
the applicant's financial situation substantially less favorable than
originally reported.
(e) Each applicant for the original issue of an operating
certificate under paragraph (a) of this section who intends to conduct
operations under part 121 of this chapter must submit the following
financial information:
(1) A balance sheet that shows assets, liabilities, and net worth,
as of a date not more than 60 days before the date of application.
(2) An itemization of liabilities more than 60 days past due on the
balance sheet date, if any, showing each creditor's name and address, a
description of the liability, and the amount and due date of the
liability.
(3) An itemization of claims in litigation, if any, against the
applicant as of the date of application showing each claimant's name and
address and a description and the amount of the claim.
(4) A detailed projection of the proposed operation covering 6
complete months after the month in which the certificate is expected to
be issued including--
(i) Estimated amount and source of both operating and nonoperating
revenue, including identification of its existing and anticipated income
producing contracts and estimated revenue per mile or hour of operation
by aircraft type;
(ii) Estimated amount of operating and nonoperating expenses by
expense objective classification; and
(iii) Estimated net profit or loss for the period.
(5) An estimate of the cash that will be needed for the proposed
operations during the first 6 months after the month in which the
certificate is expected to be issued, including--
(i) Acquisition of property and equipment (explain);
(ii) Retirement of debt (explain);
(iii) Additional working capital (explain);
(iv) Operating losses other than depreciation and amortization
(explain); and
(v) Other (explain).
(6) An estimate of the cash that will be available during the first
6 months after the month in which the certificate is expected to be
issued, from--
(i) Sale of property or flight equipment (explain);
(ii) New debt (explain);
(iii) New equity (explain);
(iv) Working capital reduction (explain);
(v) Operations (profits) (explain);
(vi) Depreciation and amortization (explain); and
(vii) Other (explain).
(7) A schedule of insurance coverage in effect on the balance sheet
date showing insurance companies; policy numbers; types, amounts, and
period of coverage; and special conditions, exclusions, and limitations.
(8) Any other financial information that the Administrator requires
to enable him or her to determine that the applicant has sufficient
financial resources to conduct his or her operations with the degree of
safety required in the public interest.
(f) Each financial statement containing financial information
required by paragraph (e) of this section must be based on accounts
prepared and
[[Page 15]]
maintained on an accrual basis in accordance with generally accepted
accounting principles applied on a consistent basis, and must contain
the name and address of the applicant's public accounting firm, if any.
Information submitted must be signed by an officer, owner, or partner of
the applicant or certificate holder.
[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]
Sec. 119.37 Contents of an Air Carrier Certificate or Operating Certificate.
The Air Carrier Certificate or Operating Certificate includes--
(a) The certificate holder's name;
(b) The location of the certificate holder's principal base of
operations;
(c) The certificate number;
(d) The certificate's effective date; and
(e) The name or the designator of the certificate-holding district
office.
Sec. 119.39 Issuing or denying a certificate.
(a) An applicant may be issued an Air Carrier Certificate or
Operating Certificate if, after investigation, the Administrator finds
that the applicant--
(1) Meets the applicable requirements of this part;
(2) Holds the economic authority applicable to the kinds of
operations to be conducted, issued by the Department of Transportation,
if required; and
(3) Is properly and adequately equipped in accordance with the
requirements of this chapter and is able to conduct a safe operation
under appropriate provisions of part 121 or part 135 of this chapter and
operations specifications issued under this part.
(b) An application for a certificate may be denied if the
Administrator finds that--
(1) The applicant is not properly or adequately equipped or is not
able to conduct safe operations under this subchapter;
(2) The applicant previously held an Air Carrier Certificate or
Operating Certificate which was revoked;
(3) The applicant intends to or fills a key management position
listed in Sec. 119.65(a) or Sec. 119.69(a), as applicable, with an
individual who exercised control over or who held the same or a similar
position with a certificate holder whose certificate was revoked, or is
in the process of being revoked, and that individual materially
contributed to the circumstances causing revocation or causing the
revocation process;
(4) An individual who will have control over or have a substantial
ownership interest in the applicant had the same or similar control or
interest in a certificate holder whose certificate was revoked, or is in
the process of being revoked, and that individual materially contributed
to the circumstances causing revocation or causing the revocation
process; or
(5) In the case of an applicant for an Operating Certificate for
intrastate common carriage, that for financial reasons the applicant is
not able to conduct a safe operation.
Sec. 119.41 Amending a certificate.
(a) The Administrator may amend any certificate issued under this
part if--
(1) The Administrator determines, under 49 U.S.C. 44709 and part 13
of this chapter, that safety in air commerce and the public interest
requires the amendment; or
(2) The certificate holder applies for the amendment and the
certificate-holding district office determines that safety in air
commerce and the public interest allows the amendment.
(b) When the Administrator proposes to issue an order amending,
suspending, or revoking all or part of any certificate, the procedure in
Sec. 13.19 of this chapter applies.
(c) When the certificate holder applies for an amendment of its
certificate, the following procedure applies:
(1) The certificate holder must file an application to amend its
certificate with the certificate-holding district office at least 15
days before the date proposed by the applicant for the amendment to
become effective, unless the administrator approves filing within a
shorter period; and
(2) The application must be submitted to the certificate-holding
district office in the form and manner prescribed by the Administrator.
[[Page 16]]
(d) When a certificate holder seeks reconsideration of a decision
from the certificate-holding district office concerning amendments of a
certificate, the following procedure applies:
(1) The petition for reconsideration must be made within 30 days
after the certificate holder receives the notice of denial; and
(2) The certificate holder must petition for reconsideration to the
Director, Flight Standards Service.
Sec. 119.43 Certificate holder's duty to maintain operations specifications.
(a) Each certificate holder shall maintain a complete and separate
set of its operations specifications at its principal base of
operations.
(b) Each certificate holder shall insert pertinent excerpts of its
operations specifications, or references thereto, in its manual and
shall--
(1) Clearly identify each such excerpt as a part of its operations
specifications; and
(2) State that compliance with each operations specifications
requirement is mandatory.
(c) Each certificate holder shall keep each of its employees and
other persons used in its operations informed of the provisions of its
operations specifications that apply to that employee's or person's
duties and responsibilities.
Sec. 119.45 [Reserved]
Sec. 119.47 Maintaining a principal base of operations, main operations base,
and main maintenance base; change of address.
(a) Each certificate holder must maintain a principal base of
operations. Each certificate holder may also establish a main operations
base and a main maintenance base which may be located at either the same
location as the principal base of operations or at separate locations.
(b) At least 30 days before it proposes to establish or change the
location of its principal base of operations, its main operations base,
or its main maintenance base, a certificate holder must provide written
notification to its certificate-holding district office.
Sec. 119.49 Contents of operations specifications.
(a) Each certificate holder conducting domestic, flag, or commuter
operations must obtain operations specifications containing all of the
following:
(1) The specific location of the certificate holder's principal base
of operations and, if different, the address that shall serve as the
primary point of contact for correspondence between the FAA and the
certificate holder and the name and mailing address of the certificate
holder's agent for service.
(2) Other business names under which the certificate holder may
operate.
(3) Reference to the economic authority issued by the Department of
Transportation, if required.
(4) Type of aircraft, registration markings, and serial numbers of
each aircraft authorized for use, each regular and alternate airport to
be used in scheduled operations, and, except for commuter operations,
each provisional and refueling airport.
(i) Subject to the approval of the Administrator with regard to form
and content, the certificate holder may incorporate by reference the
items listed in paragraph (a)(4) of this section into the certificate
holder's operations specifications by maintaining a current listing of
those items and by referring to the specific list in the applicable
paragraph of the operations specifications.
(ii) The certificate holder may not conduct any operation using any
aircraft or airport not listed.
(5) Kinds of operations authorized.
(6) Authorization and limitations for routes and areas of
operations.
(7) Airport limitations.
(8) Time limitations, or standards for determining time limitations,
for overhauling, inspecting, and checking airframes, engines,
propellers, rotors, appliances, and emergency equipment.
(9) Authorization for the method of controlling weight and balance
of aircraft.
(10) Interline equipment interchange requirements, if relevant.
(11) Aircraft wet lease information required by Sec. 119.53(c).
[[Page 17]]
(12) Any authorized deviation and exemption granted from any
requirement of this chapter.
(13) An authorization permitting, or a prohibition against,
accepting, handling, and transporting materials regulated as hazardous
materials in transport under 49 CFR parts 171 through 180.
(14) Any other item the Administrator determines is necessary.
(b) Each certificate holder conducting supplemental operations must
obtain operations specifications containing all of the following:
(1) The specific location of the certificate holder's principal base
of operations, and, if different, the address that shall serve as the
primary point of contact for correspondence between the FAA and the
certificate holder and the name and mailing address of the certificate
holder's agent for service.
(2) Other business names under which the certificate holder may
operate.
(3) Reference to the economic authority issued by the Department of
Transportation, if required.
(4) Type of aircraft, registration markings, and serial number of
each aircraft authorized for use.
(i) Subject to the approval of the Administrator with regard to form
and content, the certificate holder may incorporate by reference the
items listed in paragraph (b)(4) of this section into the certificate
holder's operations specifications by maintaining a current listing of
those items and by referring to the specific list in the applicable
paragraph of the operations specifications.
(ii) The certificate holder may not conduct any operation using any
aircraft not listed.
(5) Kinds of operations authorized.
(6) Authorization and limitations for routes and areas of
operations.
(7) Special airport authorizations and limitations.
(8) Time limitations, or standards for determining time limitations,
for overhauling, inspecting, and checking airframes, engines,
propellers, appliances, and emergency equipment.
(9) Authorization for the method of controlling weight and balance
of aircraft.
(10) Aircraft wet lease information required by Sec. 119.53(c).
(11) Any authorization or requirement to conduct supplemental
operations as provided by Sec. 119.21(a)(3) (i) or (ii).
(12) Any authorized deviation or exemption from any requirement of
this chapter.
(13) An authorization permitting, or a prohibition against,
accepting, handling, and transporting materials regulated as hazardous
materials in transport under 49 CFR parts 171 through 180.
(14) Any other item the Administrator determines is necessary.
(c) Each certificate holder conducting on-demand operations must
obtain operations specifications containing all of the following:
(1) The specific location of the certificate holder's principal base
of operations, and if different, the address that shall serve as the
primary point of contact for correspondence between the FAA and the name
and mailing address of the certificate holder's agent for service.
(2) Other business names under which the certificate holder may
operate.
(3) Reference to the economic authority issued by the Department of
Transportation, if required.
(4) Kind and area of operations authorized.
(5) Category and class of aircraft that may be used in those
operations.
(6) Type of aircraft, registration markings, and serial number of
each aircraft that is subject to an airworthiness maintenance program
required by Sec. 135.411(a)(2) of this chapter.
(i) Subject to the approval of the Administrator with regard to form
and content, the certificate holder may incorporate by reference the
items listed in paragraph (c)(6) of this section into the certificate
holder's operations specifications by maintaining a current listing of
those items and by referring to the specific list in the applicable
paragraph of the operations specifications.
(ii) The certificate holder may not conduct any operation using any
aircraft not listed.
(7) Registration markings of each aircraft that is to be inspected
under an
[[Page 18]]
approved aircraft inspection program under Sec. 135.419 of this
chapter.
(8) Time limitations or standards for determining time limitations,
for overhauls, inspections, and checks for airframes, engines,
propellers, rotors, appliances, and emergency equipment of aircraft that
are subject to an airworthiness maintenance program required by Sec.
135.411(a)(2) of this chapter.
(9) Additional maintenance items required by the Administrator under
Sec. 135.421 of this chapter.
(10) Aircraft wet lease information required by Sec. 119.53(c).
(11) Any authorized deviation or exemption from any requirement of
this chapter.
(12) An authorization permitting, or a prohibition against,
accepting, handling, and transporting materials regulated as hazardous
materials in transport under 49 CFR parts 171 through 180.
(13) Any other item the Administrator determines is necessary.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-
10, 70 FR 58823, Oct. 7, 2005]
Sec. 119.51 Amending operations specifications.
(a) The Administrator may amend any operations specifications issued
under this part if--
(1) The Administrator determines that safety in air commerce and the
public interest require the amendment; or
(2) The certificate holder applies for the amendment, and the
Administrator determines that safety in air commerce and the public
interest allows the amendment.
(b) Except as provided in paragraph (e) of this section, when the
Administrator initiates an amendment to a certificate holder's
operations specifications, the following procedure applies:
(1) The certificate-holding district office notifies the certificate
holder in writing of the proposed amendment.
(2) The certificate-holding district office sets a reasonable period
(but not less than 7 days) within which the certificate holder may
submit written information, views, and arguments on the amendment.
(3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--
(i) The adoption of the proposed amendment;
(ii) The partial adoption of the proposed amendment; or
(iii) The withdrawal of the proposed amendment.
(4) If the certificate-holding district office issues an amendment
to the operations specifications, it becomes effective not less than 30
days after the certificate holder receives notice of it unless--
(i) The certificate-holding district office finds under paragraph
(e) of this section that there is an emergency requiring immediate
action with respect to safety in air commerce; or
(ii) The certificate holder petitions for reconsideration of the
amendment under paragraph (d) of this section.
(c) When the certificate holder applies for an amendment to its
operations specifications, the following procedure applies:
(1) The certificate holder must file an application to amend its
operations specifications--
(i) At least 90 days before the date proposed by the applicant for
the amendment to become effective, unless a shorter time is approved, in
cases of mergers; acquisitions of airline operational assets that
require an additional showing of safety (e.g., proving tests); changes
in the kind of operation as defined in Sec. 119.3; resumption of
operations following a suspension of operations as a result of
bankruptcy actions; or the initial introduction of aircraft not before
proven for use in air carrier or commercial operator operations.
(ii) At least 15 days before the date proposed by the applicant for
the amendment to become effective in all other cases.
(2) The application must be submitted to the certificate-holding
district office in a form and manner prescribed by the Administrator.
(3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--
[[Page 19]]
(i) The adoption of the applied for amendment;
(ii) The partial adoption of the applied for amendment; or
(iii) The denial of the applied for amendment. The certificate
holder may petition for reconsideration of a denial under paragraph (d)
of this section.
(4) If the certificate-holding district office approves the
amendment, following coordination with the certificate holder regarding
its implementation, the amendment is effective on the date the
Administrator approves it.
(d) When a certificate holder seeks reconsideration of a decision
from the certificate-holding district office concerning the amendment of
operations specifications, the following procedure applies:
(1) The certificate holder must petition for reconsideration of that
decision within 30 days of the date that the certificate holder receives
a notice of denial of the amendment to its operations specifications, or
of the date it receives notice of an FAA-initiated amendment to its
operations specifications, whichever circumstance applies.
(2) The certificate holder must address its petition to the
Director, Flight Standards Service.
(3) A petition for reconsideration, if filed within the 30-day
period, suspends the effectiveness of any amendment issued by the
certificate-holding district office unless the certificate-holding
district office has found, under paragraph (e) of this section, that an
emergency exists requiring immediate action with respect to safety in
air transportation or air commerce.
(4) If a petition for reconsideration is not filed within 30 days,
the procedures of paragraph (c) of this section apply.
(e) If the certificate-holding district office finds that an
emergency exists requiring immediate action with respect to safety in
air commerce or air transportation that makes the procedures set out in
this section impracticable or contrary to the public interest:
(1) The certificate-holding district office amends the operations
specifications and makes the amendment effective on the day the
certificate holder receives notice of it.
(2) In the notice to the certificate holder, the certificate-holding
district office articulates the reasons for its finding that an
emergency exists requiring immediate action with respect to safety in
air transportation or air commerce or that makes it impracticable or
contrary to the public interest to stay the effectiveness of the
amendment.
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.
[[Page 20]]
(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. 119.3). 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.
Sec. 119.55 Obtaining deviation authority to perform operations under a U.S.
military contract.
(a) The Administrator may authorize a certificate holder that is
authorized to conduct supplemental or on-demand operations to deviate
from the applicable requirements of this part, part 121, or part 135 of
this chapter in order to perform operations under a U.S. military
contract.
(b) A certificate holder that has a contract with the U.S.
Department of Defense's Air Mobility Command (AMC) must submit a request
for deviation authority to AMC. AMC will review the requests, then
forward the carriers' consolidated requests, along with AMC's
recommendations, to the FAA for review and action.
(c) The Administrator may authorize a deviation to perform
operations under a U.S. military contract under the following
conditions--
(1) The Department of Defense certifies to the Administrator that
the operation is essential to the national defense;
(2) The Department of Defense further certifies that the certificate
holder cannot perform the operation without deviation authority;
(3) The certificate holder will perform the operation under a
contract or subcontract for the benefit of a U.S. armed service; and
(4) The Administrator finds that the deviation is based on grounds
other than economic advantage either to the certificate holder or to the
United States.
(d) In the case where the Administrator authorizes a deviation under
this section, the Administrator will issue an appropriate amendment to
the certificate holder's operations specifications.
(e) The Administrator may, at any time, terminate any grant of
deviation authority issued under this section.
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
[[Page 21]]
for the protection of life or property; and
(2) The Administrator finds that a deviation is necessary for the
expeditious conduct of the operations.
(b) When the Administrator authorizes deviations for operations
under emergency conditions--
(1) The Administrator will issue an appropriate amendment to the
certificate holder's operations specifications; or
(2) If the nature of the emergency does not permit timely amendment
of the operations specifications--
(i) The Administrator may authorize the deviation orally; and
(ii) The certificate holder shall provide documentation describing
the nature of the emergency to the certificate-holding district office
within 24 hours after completing the operation.
Sec. 119.59 Conducting tests and inspections.
(a) At any time or place, the Administrator may conduct an
inspection or test to determine whether a certificate holder under this
part is complying with title 49 of the United States Code, applicable
regulations, the certificate, or the certificate holder's operations
specifications.
(b) The certificate holder must--
(1) Make available to the Administrator at the certificate holder's
principal base of operations--
(i) The certificate holder's Air Carrier Certificate or the
certificate holder's Operating Certificate and the certificate holder's
operations specifications; and
(ii) A current listing that will include the location and persons
responsible for each record, document, and report required to be kept by
the certificate holder under title 49 of the United States Code
applicable to the operation of the certificate holder.
(2) Allow the Administrator to make any test or inspection to
determine compliance respecting any matter stated in paragraph (a) of
this section.
(c) Each employee of, or person used by, the certificate holder who
is responsible for maintaining the certificate holder's records must
make those records available to the Administrator.
(d) The Administrator may determine a certificate holder's continued
eligibility to hold its certificate and/or operations specifications on
any grounds listed in paragraph (a) of this section, or any other
appropriate grounds.
(e) Failure by any certificate holder to make available to the
Administrator upon request, the certificate, operations specifications,
or any required record, document, or report is grounds for suspension of
all or any part of the certificate holder's certificate and operations
specifications.
(f) In the case of operators conducting intrastate common carriage
operations, these inspections and tests include inspections and tests of
financial books and records.
Sec. 119.61 Duration and surrender of certificate and operations
specifications.
(a) An Air Carrier Certificate or Operating Certificate issued under
this part is effective until--
(1) The certificate holder surrenders it to the Administrator; or
(2) The Administrator suspends, revokes, or otherwise terminates the
certificate.
(b) Operations specifications issued under this part, part 121, or
part 135 of this chapter are effective unless--
(1) The Administrator suspends, revokes, or otherwise terminates the
certificate;
(2) The operations specifications are amended as provided in Sec.
119.51;
(3) The certificate holder does not conduct a kind of operation for
more than the time specified in Sec. 119.63 and fails to follow the
procedures of Sec. 119.63 upon resuming that kind of operation; or
(4) The Administrator suspends or revokes the operations
specifications for a kind of operation.
(c) Within 30 days after a certificate holder terminates operations
under part 135 of this chapter, the operating certificate and operations
specifications must be surrendered by the certificate holder to the
certificate-holding district office.
[[Page 22]]
Sec. 119.63 Recency of operation.
(a) Except as provided in paragraph (b) of this section, no
certificate holder may conduct a kind of operation for which it holds
authority in its operations specifications unless the certificate holder
has conducted that kind of operation within the preceding number of
consecutive calendar days specified in this paragraph:
(1) For domestic, flag, or commuter operations--30 days.
(2) For supplemental or on-demand operations--90 days, except that
if the certificate holder has authority to conduct domestic, flag, or
commuter operations, and has conducted domestic, flag or commuter
operations within the previous 30 days, this paragraph does not apply.
(b) If a certificate holder does not conduct a kind of operation for
which it is authorized in its operations specifications within the
number of calendar days specified in paragraph (a) of this section, it
shall not conduct such kind of operation unless--
(1) It advises the Administrator at least 5 consecutive calendar
days before resumption of that kind of operation; and
(2) It makes itself available and accessible during the 5
consecutive calendar day period in the event that the FAA decides to
conduct a full inspection reexamination to determine whether the
certificate holder remains properly and adequately equipped and able to
conduct a safe operation.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2,
61 FR 30434, June 14, 1996]
Sec. 119.65 Management personnel required for operations conducted under part
121 of this chapter.
(a) Each certificate holder must have sufficient qualified
management and technical personnel to ensure the highest degree of
safety in its operations. The certificate holder must have qualified
personnel serving full-time in the following or equivalent positions:
(1) Director of Safety.
(2) Director of Operations.
(3) Chief Pilot.
(4) Director of Maintenance.
(5) Chief Inspector.
(b) The Administrator may approve positions or numbers of positions
other than those listed in paragraph (a) of this section for a
particular operation if the certificate holder shows that it can perform
the operation with the highest degree of safety under the direction of
fewer or different categories of management personnel due to--
(1) The kind of operation involved;
(2) The number and type of airplanes used; and
(3) The area of operations.
(c) The title of the positions required under paragraph (a) of this
section or the title and number of equivalent positions approved under
paragraph (b) of this section shall be set forth in the certificate
holder's operations specifications.
(d) The individuals who serve in the positions required or approved
under paragraph (a) or (b) of this section and anyone in a position to
exercise control over operations conducted under the operating
certificate must--
(1) Be qualified through training, experience, and expertise;
(2) To the extent of their responsibilities, have a full
understanding of the following materials with respect to the certificate
holder's operation--
(i) Aviation safety standards and safe operating practices;
(ii) 14 CFR Chapter I (Federal Aviation Regulations);
(iii) The certificate holder's operations specifications;
(iv) All appropriate maintenance and airworthiness requirements of
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 121 of
this chapter); and
(v) The manual required by Sec. 121.133 of this chapter; and
(3) Discharge their duties to meet applicable legal requirements and
to maintain safe operations.
(e) Each certificate holder must:
(1) State in the general policy provisions of the manual required by
Sec. 121.133 of this chapter, the duties, responsibilities, and
authority of personnel required under paragraph (a) of this section;
(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
[[Page 23]]
change in personnel or any vacancy in any position listed.
Sec. 119.67 Management personnel: Qualifications for operations conducted
under part 121 of this chapter.
(a) To serve as Director of Operations under Sec. 119.65(a) a
person must--
(1) Hold an airline transport pilot certificate;
(2) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational control
over any operations conducted with large airplanes under part 121 or
part 135 of this chapter, or if the certificate holder uses only small
airplanes in its operations, the experience may be obtained in large or
small airplanes; and
(3) In the case of a person becoming a Director of Operations--
(i) For the first time ever, have at least 3 years experience,
within the past 6 years, as pilot in command of a large airplane
operated under part 121 or part 135 of this chapter, if the certificate
holder operates large airplanes. If the certificate holder uses only
small airplanes in its operation, the experience may be obtained in
either large or small airplanes.
(ii) In the case of a person with previous experience as a Director
of Operations, have at least 3 years experience as pilot in command of a
large airplane operated under part 121 or part 135 of this chapter, if
the certificate holder operates large airplanes. If the certificate
holder uses only small airplanes in its operation, the experience may be
obtained in either large or small airplanes.
(b) To serve as Chief Pilot under Sec. 119.65(a) a person must hold
an airline transport pilot certificate with appropriate ratings for at
least one of the airplanes used in the certificate holder's operation
and:
(1) In the case of a person becoming a Chief Pilot for the first
time ever, have at least 3 years experience, within the past 6 years, as
pilot in command of a large airplane operated under part 121 or part 135
of this chapter, if the certificate holder operates large airplanes. If
the certificate holder uses only small airplanes in its operation, the
experience may be obtained in either large or small airplanes.
(2) In the case of a person with previous experience as a Chief
Pilot, have at least 3 years experience, as pilot in command of a large
airplane operated under part 121 or part 135 of this chapter, if the
certificate holder operates large airplanes. If the certificate holder
uses only small airplanes in its operation, the experience may be
obtained in either large or small airplanes.
(c) To serve as Director of Maintenance under Sec. 119.65(a) a
person must--
(1) Hold a mechanic certificate with airframe and powerplant
ratings;
(2) Have 1 year of experience in a position responsible for
returning airplanes to service;
(3) Have at least 1 year of experience in a supervisory capacity
under either paragraph (c)(4)(i) or (c)(4)(ii) of this section
maintaining the same category and class of airplane as the certificate
holder uses; and
(4) Have 3 years experience within the past 6 years in one or a
combination of the following--
(i) Maintaining large airplanes with 10 or more passenger seats,
including at the time of appointment as Director of Maintenance,
experience in maintaining the same category and class of airplane as the
certificate holder uses; or
(ii) Repairing airplanes in a certificated airframe repair station
that is rated to maintain airplanes in the same category and class of
airplane as the certificate holder uses.
(d) To serve as Chief Inspector under Sec. 119.65(a) a person
must--
(1) Hold a mechanic certificate with both airframe and powerplant
ratings, and have held these ratings for at least 3 years;
(2) Have at least 3 years of maintenance experience on different
types of large airplanes with 10 or more passenger seats with an air
carrier or certificated repair station, 1 year of which must have been
as maintenance inspector; and
(3) Have at least 1 year of experience in a supervisory capacity
maintaining 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
[[Page 24]]
not meet the appropriate airman experience, managerial experience, or
supervisory experience requirements of this section if the Manager of
the Air Transportation Division, AFS-200, or the Manager of the Aircraft
Maintenance Division, AFS-300, as appropriate, finds that the person has
comparable experience, and can effectively perform the functions
associated with the position in accordance with the requirements of this
chapter and the procedures outlined in the certificate holder's manual.
Grants of deviation under this paragraph may be granted after
consideration of the size and scope of the operation and the
qualifications of the intended personnel. The Administrator may, at any
time, terminate any grant of deviation authority issued under this
paragraph.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2,
61 FR 30434, June 14, 1996; Amdt. 119-3, 62 FR 13255, Mar. 19, 1997]
Sec. 119.69 Management personnel required for operations conducted under part
135 of this chapter.
(a) Each certificate holder must have sufficient qualified
management and technical personnel to ensure the safety of its
operations. Except for a certificate holder using only one pilot in its
operations, the certificate holder must have qualified personnel serving
in the following or equivalent positions:
(1) Director of Operations.
(2) Chief Pilot.
(3) Director of Maintenance.
(b) The Administrator may approve positions or numbers of positions
other than those listed in paragraph (a) of this section for a
particular operation if the certificate holder shows that it can perform
the operation with the highest degree of safety under the direction of
fewer or different categories of management personnel due to--
(1) The kind of operation involved;
(2) The number and type of aircraft used; and
(3) The area of operations.
(c) The title of the positions required under paragraph (a) of this
section or the title and number of equivalent positions approved under
paragraph (b) of this section shall be set forth in the certificate
holder's operations specifications.
(d) The individuals who serve in the positions required or approved
under paragraph (a) or (b) of this section and anyone in a position to
exercise control over operations conducted under the operating
certificate must--
(1) Be qualified through training, experience, and expertise;
(2) To the extent of their responsibilities, have a full
understanding of the following material with respect to the certificate
holder's operation--
(i) Aviation safety standards and safe operating practices;
(ii) 14 CFR Chapter I (Federal Aviation Regulations);
(iii) The certificate holder's operations specifications;
(iv) All appropriate maintenance and airworthiness requirements of
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 135 of
this chapter); and
(v) The manual required by Sec. 135.21 of this chapter; and
(3) Discharge their duties to meet applicable legal requirements and
to maintain safe operations.
(e) Each certificate holder must--
(1) State in the general policy provisions of the manual required by
Sec. 135.21 of this chapter, the duties, responsibilities, and
authority of personnel required or approved under paragraph (a) or (b),
respectively, of this section;
(2) List in the manual the names and business addresses of the
individuals assigned to those positions; and
(3) Notify the certificate-holding district office within 10 days of
any change in personnel or any vacancy in any position listed.
Sec. 119.71 Management personnel: Qualifications for operations conducted
under part 135 of this chapter.
(a) To serve as Director of Operations under Sec. 119.69(a) for a
certificate holder conducting any operations for which the pilot in
command is required to hold an airline transport pilot certificate a
person must hold an airline transport pilot certificate and either:
(1) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised
[[Page 25]]
operational control over any operations conducted under part 121 or part
135 of this chapter; or
(2) In the case of a person becoming Director of Operations--
(i) For the first time ever, have at least 3 years experience,
within the past 6 years, as pilot in command of an aircraft operated
under part 121 or part 135 of this chapter.
(ii) In the case of a person with previous experience as a Director
of Operations, have at least 3 years experience, as pilot in command of
an aircraft operated under part 121 or part 135 of this chapter.
(b) To serve as Director of Operations under Sec. 119.69(a) for a
certificate holder that only conducts operations for which the pilot in
command is required to hold a commercial pilot certificate, a person
must hold at least a commercial pilot certificate. If an instrument
rating is required for any pilot in command for that certificate holder,
the Director of Operations must also hold an instrument rating. In
addition, the Director of Operations must either--
(1) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational control
over any operations conducted under part 121 or part 135 of this
chapter; or
(2) In the case of a person becoming Director of Operations--
(i) For the first time ever, have at least 3 years experience,
within the past 6 years, as pilot in command of an aircraft operated
under part 121 or part 135 of this chapter.
(ii) In the case of a person with previous experience as a Director
of Operations, have at least 3 years experience as pilot in command of
an aircraft operated under part 121 or part 135 of this chapter.
(c) To serve as Chief Pilot under Sec. 119.69(a) for a certificate
holder conducting any operation for which the pilot in command is
required to hold an airline transport pilot certificate a person must
hold an airline transport pilot certificate with appropriate ratings and
be qualified to serve as pilot in command in at least one aircraft used
in the certificate holder's operation and:
(1) In the case of a person becoming a Chief Pilot for the first
time ever, have at least 3 years experience, within the past 6 years, as
pilot in command of an aircraft operated under part 121 or part 135 of
this chapter.
(2) In the case of a person with previous experience as a Chief
Pilot, have at least 3 years experience as pilot in command of an
aircraft operated under part 121 or part 135 of this chapter.
(d) To serve as Chief Pilot under Sec. 119.69(a) for a certificate
holder that only conducts operations for which the pilot in command is
required to hold a commercial pilot certificate, a person must hold at
least a commercial pilot certificate. If an instrument rating is
required for any pilot in command for that certificate holder, the Chief
Pilot must also hold an instrument rating. The Chief Pilot must be
qualified to serve as pilot in command in at least one aircraft used in
the certificate holder's operation. In addition, the Chief Pilot must:
(1) In the case of a person becoming a Chief Pilot for the first
time ever, have at least 3 years experience, within the past 6 years, as
pilot in command of an aircraft operated under part 121 or part 135 of
this chapter.
(2) In the case of a person with previous experience as a Chief
Pilot, have at least 3 years experience as pilot in command of an
aircraft operated under part 121 or part 135 of this chapter.
(e) To serve as Director of Maintenance under Sec. 119.69(a) a
person must hold a mechanic certificate with airframe and powerplant
ratings and either:
(1) Have 3 years of experience within the past 6 years maintaining
aircraft as a certificated mechanic, including, at the time of
appointment as Director of Maintenance, experience in maintaining the
same category and class of aircraft as the certificate holder uses; or
(2) Have 3 years of experience within the past 6 years repairing
aircraft in a certificated airframe repair station, including 1 year in
the capacity of approving aircraft for return to service.
(f) A certificate holder may request a deviation to employ a person
who does
[[Page 26]]
not meet the appropriate airmen experience requirements, managerial
experience requirements, or supervisory experience requirements of this
section if the Manager of the Air Transportation Division, AFS-200, or
the Manager of the Aircraft Maintenance Division, AFS-300, as
appropriate, find that the person has comparable experience, and can
effectively perform the functions associated with the position in
accordance with the requirements of this chapter and the procedures
outlined in the certificate holder's manual. The Administrator may, at
any time, terminate any grant of deviation authority issued under this
paragraph.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3,
62 FR 13255, Mar. 19, 1997; Amdt. 119-12, 72 FR 54816, Sept. 27, 2007]
PART 121_OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS--
Table of Contents
Special Federal Aviation Regulation No. 14
Special Federal Aviation Regulation No. 36
Special Federal Aviation Regulation No. 50-2 [Note]
Special Federal Aviation Regulation No. 71 [Note]
Special Federal Aviation Regulation No. 80
Special Federal Aviation Regulation No. 92-5
Special Federal Aviation Regulation No. 93 [Note]
Special Federal Aviation Regulation No. 97 [Note]
Special Federal Aviation Regulation No. 106
Subpart A_General
Sec.
121.1 Applicability.
121.2 Compliance schedule for operators that transition to part 121;
certain new entrant operators.
121.4 Applicability of rules to unauthorized operators.
121.7 Definitions.
121.11 Rules applicable to operations in a foreign country.
121.15 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
Subpart B--Certification Rules for Domestic and Flag Air Carriers
[Reserved]
Subpart C--Certification Rules for Supplemental Air Carriers and Commercial
Operators [Reserved]
Subpart D--Rules Governing All Certificate Holders Under This Part
[Reserved]
Subpart E_Approval of Routes: Domestic and Flag Operations
121.91 Applicability.
121.93 Route requirements: General.
121.95 Route width.
121.97 Airports: Required data.
121.99 Communications facilities--domestic and flag operations.
121.101 Weather reporting facilities.
121.103 En route navigation facilities.
121.105 Servicing and maintenance facilities.
121.106 ETOPS Alternate Airport: Rescue and fire fighting service.
121.107 Dispatch centers.
Subpart F_Approval of Areas and Routes for Supplemental Operations
121.111 Applicability.
121.113 Area and route requirements: General.
121.115 Route width.
121.117 Airports: Required data.
121.119 Weather reporting facilities.
121.121 En route navigation facilities.
121.122 Communications facilities--supplemental operations.
121.123 Servicing maintenance facilities.
121.125 Flight following system.
121.127 Flight following system; requirements.
Subpart G_Manual Requirements
121.131 Applicability.
121.133 Preparation.
121.135 Manual contents.
121.137 Distribution and availability.
121.139 Requirements for manual aboard aircraft: Supplemental
operations.
121.141 Airplane flight manual.
Subpart H_Aircraft Requirements
121.151 Applicability.
121.153 Aircraft requirements: General.
121.155 [Reserved]
121.157 Aircraft certification and equipment requirements.
121.159 Single-engine airplanes prohibited.
121.161 Airplane limitations: Type of route.
121.162 ETOPS Type Design Approval Basis.
121.163 Aircraft proving tests.
Subpart I_Airplane Performance Operating Limitations
121.171 Applicability.
[[Page 27]]
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.
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.
121.321 [Reserved]
121.323 Instruments and equipment for operations at night.
[[Page 28]]
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.
121.347 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 Ground proximity warning-glide slope deviation alerting system.
Subpart L_Maintenance, Preventive Maintenance, and Alterations
121.361 Applicability.
121.363 Responsibility for airworthiness.
121.365 Maintenance, preventive maintenance, and alteration
organization.
121.367 Maintenance, preventive maintenance, and alterations programs.
121.368 [Reserved]
121.369 Manual requirements.
121.370-121.370a [Reserved]
121.371 Required inspection personnel.
121.373 Continuing analysis and surveillance.
121.374 Continuous airworthiness maintenance program (CAMP) for two-
engine ETOPS.
121.375 Maintenance and preventive maintenance training program.
121.377 Maintenance and preventive maintenance personnel duty time
limitations.
121.378 Certificate requirements.
121.379 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
121.380 Maintenance recording requirements.
121.380a Transfer of maintenance records.
Subpart M_Airman and Crewmember Requirements
121.381 Applicability.
121.383 Airman: Limitations on use of services.
121.385 Composition of flight crew.
121.387 Flight engineer.
121.389 Flight navigator and specialized navigation equipment.
121.391 Flight attendants.
121.393 Crewmember requirements at stops where passengers remain on
board.
121.395 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.
[[Page 29]]
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 Prohibited drugs.
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 Use of prohibited drugs.
121.457 Testing for prohibited drugs.
121.458 Misuse of alcohol.
121.459 Testing for alcohol.
Subpart P_Aircraft Dispatcher Qualifications and Duty Time
Limitations: Domestic and Flag Operations; Flight Attendant Duty Period
Limitations and Rest Requirements: Domestic, Flag, and Supplemental
Operations
121.461 Applicability.
121.463 Aircraft dispatcher qualifications.
121.465 Aircraft dispatcher duty time limitations: Domestic and flag
operations.
121.467 Flight attendant duty period limitations and rest requirements:
Domestic, flag, and supplemental operations.
Subpart Q_Flight Time Limitations and Rest Requirements: Domestic
Operations
121.470 Applicability.
121.471 Flight time limitations and rest requirements: All flight
crewmembers.
Subpart R_Flight Time Limitations: Flag Operations
121.480 Applicability.
121.481 Flight time limitations: One or two pilot crews.
121.483 Flight time limitations: Two pilots and one additional flight
crewmember.
121.485 Flight time limitations: Three or more pilots and an additional
flight crewmember.
121.487 Flight time limitations: Pilots not regularly assigned.
121.489 Flight time limitations: Other commercial flying.
121.491 Flight time limitations: Deadhead transportation.
121.493 Flight time limitations: Flight engineers and flight navigators.
Subpart S_Flight Time Limitations: Supplemental Operations
121.500 Applicability.
121.503 Flight time limitations: Pilots: airplanes.
121.505 Flight time limitations: Two pilot crews: airplanes.
121.507 Flight time limitations: Three pilot crews: airplanes.
121.509 Flight time limitations: Four pilot crews: airplanes.
121.511 Flight time limitations: Flight engineers: airplanes.
121.513 Flight time limitations: Overseas and international operations:
airplanes.
121.515 Flight time limitations: All airmen: airplanes.
121.517 Flight time limitations: Other commercial flying: airplanes.
121.519 Flight time limitations: Deadhead transportation: airplanes.
121.521 Flight time limitations: Crew of two pilots and one additional
airman as required.
121.523 Flight time limitations: Crew of three or more pilots and
additional airmen as required.
121.525 Flight time limitations: Pilots serving in more than one kind of
flight crew.
Subpart T_Flight Operations
121.531 Applicability.
121.533 Responsibility for operational control: Domestic operations.
121.535 Responsibility for operational control: Flag operations.
121.537 Responsibility for operational control: Supplemental operations.
121.538 Aircraft security.
121.539 Operations notices.
121.541 Operations schedules: Domestic and flag operations.
121.542 Flight crewmember duties.
121.543 Flight crewmembers at controls.
121.545 Manipulation of controls.
[[Page 30]]
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.
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.
[[Page 31]]
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
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.
121.1117 Flammability reduction means.
Subpart BB [Reserved]
121.1200-121.1399 [Reserved]
Subpart CC [Reserved]
121.1400-121.1499 [Reserved]
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
[[Page 32]]
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
Appendix I to Part 121--Drug Testing Program
Appendix J to Part 121--Alcohol Misuse Prevention Program
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. 14
Contrary performance provisions of the Civil Air Regulations
notwithstanding, the Administrator may grant performance credit for the
use of standby power on transport category airplanes. Such credit shall
be applicable only to the maximum certificated take-off and landing
weights, and the take-off distance, and the take-off paths, and shall
not exceed that found by the Administrator to result in an over-all
level of safety in the take-off, approach, and landing regimes of flight
equivalent to that prescribed in the regulations under which the
airplane was originally certificated without standby power. (Note:
Standby power is power and/or thrust obtained from rocket engines for a
relatively short period and actuated only in cases of emergency.) The
following provisions shall apply:
(1) Take-off; general. The take-off data prescribed in sections (2)
and (3) shall be determined at all weights and altitudes, and at ambient
temperatures if applicable, at which performance credit is to be
applied.
(2) Take-off path. (a) The one-engine-inoperative take-off path with
standby power in use shall be determined in accordance with the
performance requirements of the applicable airworthiness regulations.
(b) The one-engine-inoperative take-off path (excluding that portion
where the airplane is on or just above the take-off surface-determined
in accordance with paragraph (a) of this section shall lie above the
one/engine-inoperative take-off path without standby power at the
maximum take/off weight at which all of the applicable airworthiness
requirements are met. For the purpose of this comparison, the flight
path shall be considered to extend to at least a height of 400 feet
above the take-off surface.
(c) The take-off path with all engines operating, but without the
use of standby power, shall reflect a conservatively greater over-all
level of performance than the one-engine-inoperative take-off path
established in accordance with paragraph (a) of this section. The
aforementioned margin shall be established by the Administrator to
insure safe day-to-day operations, but in no case shall it be less than
15 percent. The all-engines-operating take-off path shall be determined
by a procedure consistent with that established in complying with
paragraph (a) of this section.
(d) For reciprocating-engine-powered airplanes, the take-off path to
be scheduled in the Airplane Flight Manual shall represent the one-
engine-inoperative take-off path determined in accordance with paragraph
(a) of this section and modified to reflect the procedure (see section
(6)) established by the applicant for flap retraction and attainment of
the en route speed. The scheduled take-off path shall have a positive
slope at all points of the airborne portion and at no point shall it lie
above the take-off path specified in paragraph (a) of this section.
(3) Take-off distance. The take-off distance shall be the horizontal
distance along the one/engine-inoperative take-off to the point where
the airplane attains a height of 50 feet above the take-off surface for
reciprocating-engine-powered airplanes and a height of 35 feet above the
take-off surface for turbine-powered airplanes.
(4) Maximum certificated take-off weights. The maximum certificated
take-off weights shall be determined at all altitudes, and at ambient
temperatures if applicable, at which performance credit is to be applied
and shall not exceed the weights established in compliance with
paragraphs (a) and (b) of this section.
(a) The conditions of section (2) (b) through (d) shall be met at
the maximum certificated take-off weight.
(b) Without the use of standby power, the airplane shall meet all of
the en route requirements of the applicable airworthiness regulations
under which the airplane was originally certificated. In addition,
turbine-powered airplanes without the use of standby power shall meet
the final take-off climb requirements prescribed in the applicable
airworthiness regulations.
[[Page 33]]
(5) Maximum certificated landing weights. (a) The maximum
certificated landing weights (one-engine/inoperative approach and all-
engine/operating landing climb) shall be determined at all altitudes,
and at ambient temperatures if applicable, at which performance credit
is to be applied and shall not exceed that established in compliance
with the provisions of paragraph (b) of this section.
(b) The flight path, with the engines operating at the power and/or
thrust appropriate to the airplane configuration and with standby power
in use, shall lie above the flight path without standby power in use at
the maximum weight at which all of the applicable airworthiness
requirements are met. In addition, the flight paths shall comply with
the provisions of paragraphs (i) and (ii) of this paragraph (b).
(i) The flight paths shall be established without changing the
appropriate airplane configuration.
(ii) The flight paths shall be carried out for a minimum height of
400 feet above the point where standby power is actuated.
(6) Airplane configuration, speed, and power and/or thrust; general.
Any change in the airplane's configuration, speed, and power and/or
thrust shall be made in accordance with the procedures established by
the applicant for the operation of the airplane in service and shall
comply with the provisions of paragraphs (a) through (c) of this
section. In addition, procedures shall be established for the execution
of balked landings and missed approaches.
(a) The Administrator shall find that the procedure can be
consistently executed in service by crews of average skill.
(b) The procedure shall not involve methods or the use of devices
which have not been proven to be safe and reliable.
(c) Allowances shall be made for such time delays in the execution
of the procedures as may be reasonably expected to occur during service.
(7) Installation and operation; standby power. The standby power
unit and its installation shall comply with the provisions of paragraphs
(a) and (b) of this section.
(a) The standby power unit and its installation shall not adversely
affect the safety of the airplane.
(b) The operation of the standby power unit and its control shall
have proven to be safe and reliable.
[23 FR 7454, Sept. 25, 1958. Redesignated at 29 FR 19099, Dec. 30, 1964]
Sec. Special Federal Aviation Regulation No. 36
1. Definitions. For purposes of this Special Federal Aviation
Regulation--
(a) A product is an aircraft, airframe, aircraft engine, propeller,
or appliance;
(b) An article is an airframe, powerplant, propeller, instrument,
radio, or accessory; and
(c) A component is a part of a product or article.
2. General. (a) Contrary provisions of Sec. 121.379(b) and Sec.
135.437(b) of this chapter notwithstanding, the holder of an air carrier
certificate or operating certificate, that operates large aircraft, and
that has been issued operations specifications for operations required
to be conducted in accordance with 14 CFR part 121 or 135, may perform a
major repair on a product as described in Sec. 121.379(b) or Sec.
135.437(a), using technical data that have not been approved by the
Administrator, and approve that product for return to service, if
authorized in accordance with this Special Federal Aviation Regulation.
(b) [Reserved]
(c) Contrary provisions of Sec. 145.201(c)(2) notwithstanding, the
holder of a repair station certificate under 14 CFR part 145 that is
located in the United States may perform a major repair on an article
for which it is rated using technical data not approved by the FAA and
approve that article for return to service, if authorized in accordance
with this Special Federal Aviation Regulation. If the certificate holder
holds a rating limited to a component of a product or article, the
holder may not, by virtue of this Special Federal Aviation Regulation,
approve that product or article for return to service.
3. Major Repair Data and Return to Service. (a) As referenced in
section 2 of this Special Federal Aviation Regulation, a certificate
holder may perform a major repair on a product or article using
technical data that have not been approved by the Administrator, and
approve that product or article for return to service, if the
certificate holder--
(1) Has been issued an authorization under, and a procedures manual
that complies with, Special Federal Aviation Regulation No. 36-8,
effective on January 23, 2004;
(2) Has developed the technical data in accordance with the
procedures manual;
(3) Has developed the technical data specifically for the product or
article being repaired; and
(4) Has accomplished the repair in accordance with the procedures
manual and the procedures approved by the Administrator for the
certificate.
(b) For purposes of this section, an authorization holder may
develop technical data to perform a major repair on a product or article
and use that data to repair a subsequent product or article of the same
type as long as the holder--
(1) Evaluates each subsequent repair and the technical data to
determine that performing the subsequent repair with the same data will
return the product or article to its
[[Page 34]]
original or properly altered condition, and that the repaired product or
article conforms with applicable airworthiness requirements; and
(2) Records each evaluation in the records referenced in paragraph
(a) of section 13 of this Special Federal Aviation Regulation.
4. Application. The applicant for an authorization under this
Special Federal Aviation Regulation must submit an application before
November 14, 2006, in writing, and signed by an officer of the
applicant, to the certificate holding district office charged with the
overall inspection of the applicant's operations under its certificate.
The application must contain--
(a) If the applicant is
(1) The holder of an air carrier operating or commercial operating
certificate, or the holder of an air taxi operating certificate that
operates large aircraft, the--
(i) The applicant's certificate number; and
(ii) The specific product(s) the applicant is authorized to maintain
under its certificate, operations specifications, and maintenance
manual; or
(2) The holder of a domestic repair station certificate--
(i) The applicant's certificate number;
(ii) A copy of the applicant's operations specifications; and
(iii) The specific article(s) for which the applicant is rated;
(b) The name, signature, and title of each person for whom
authorization to approve, on behalf of the authorization holder, the use
of technical data for major repairs is requested; and
(c) The qualifications of the applicant's staff that show compliance
with section 5 of this Special Federal Aviation Regulation.
5. Eligibility. (a) To be eligible for an authorization under this
Special Federal Aviation Regulation, the applicant, in addition to
having the authority to repair products or articles must--
(1) Hold an air carrier certificate or operating certificate,
operate large aircraft, and have been issued operations specifications
for operations required to be conducted in accordance with 14 CFR part
121 or 135, or hold a domestic repair station certificate under 14 CFR
part 145;
(2) Have an adequate number of sufficiently trained personnel in the
United States to develop data and repair the products that the applicant
is authorized to maintain under its operating certificate or the
articles for which it is rated under its domestic repair station
certificate;
(3) Employ, or have available, a staff of engineering personnel that
can determine compliance with the applicable airworthiness requirements
of the Federal Aviation Regulations.
(b) At least one member of the staff required by paragraph (a)(3) of
this section must--
(1) Have a thorough working knowledge of the applicable requirements
of the Federal Aviation Regulations;
(2) Occupy a position on the applicant's staff that has the
authority to establish a repair program that ensures that each repaired
product or article meets the applicable requirements of the Federal
Aviation Regulations;
(3) Have at least one year of satisfactory experience in processing
engineering work, in direct contact with the FAA, for type certification
or major repair projects; and
(4) Have at least eight years of aeronautical engineering experience
(which may include the one year of experience in processing engineering
work for type certification or major repair projects).
(c) The holder of an authorization issued under this Special Federal
Aviation Regulation shall notify the Administrator within 48 hours of
any change (including a change of personnel) that could affect the
ability of the holder to meet the requirements of this Special Federal
Aviation Regulation.
6. Procedures Manual. (a) A certificate holder may not approve a
product or article for return to service under section 2 of this Special
Federal Aviation Regulation unless the holder--
(1) Has a procedures manual that has been approved by the
Administrator as complying with paragraph (b) of this section; and
(2) Complies with the procedures contained in this procedures
manual.
(b) The approved procedures manual must contain--
(1) The procedures for developing and determining the adequacy of
technical data for major repairs;
(2) The identification (names, signatures, and responsibilities) of
officials and of each staff member described in section 5 of this
Special Federal Aviation Regulation who--
(i) Has the authority to make changes in procedures that require a
revision to the procedures manual; and
(ii) Prepares or determines the adequacy of technical data, plans or
conducts tests, and approves, on behalf of the authorization holder,
test results; and
(3) A ``log of revisions'' page that identifies each revised item,
page, and date of revision, and contains the signature of the person
approving the change for the Administrator.
(c) The holder of an authorization issued under this Special Federal
Aviation Regulation may not approve a product or article for return to
service after a change in staff necessary to meet the requirements of
section 5 of this regulation or a change in procedures from those
approved under paragraph (a) of
[[Page 35]]
this section, unless that change has been approved by the FAA and
entered in the procedures manual.
7. Duration of Authorization. Each authorization issued under this
Special Federal Aviation Regulation is effective from the date of
issuance until, November 14, 2009, unless it is earlier surrendered,
suspended, revoked or otherwise terminated. Upon termination of such
authorization, the terminated authorization holder must:
(a) Surrender to the FAA all data developed pursuant to Special
Federal Aviation Regulation No. 36; or
(b) Maintain indefinitely all data developed pursuant to Special
Federal Aviation Regulation No. 36, and make that data available to the
FAA for inspection upon request.
8. Transferability. An authorization issued under this Special
Federal Aviation Regulation is not transferable.
9. Inspections. Each holder of an authorization issued under this
Special Federal Aviation Regulation and each applicant for an
authorization must allow the Administrator to inspect its personnel,
facilities, products and articles, and records upon request.
10. Limits of Applicability. An authorization issued under this
Special Federal Aviation Regulation applies only to--
(a) A product that the air carrier, commercial, or air taxi
operating certificate holder is authorized to maintain pursuant to its
continuous airworthiness maintenance program or maintenance manual; or
(b) An article for which the domestic repair station certificate
holder is rated. If the certificate holder is rated for a component of
an article, the holder may not, in accordance with this Special Federal
Aviation Regulation, approve that article for return to service.
11. Additional Authorization Limitations. Each hold of an
authorization issued under this Special Federal Aviation Regulation must
comply with any additional limitations prescribed by the Administrator
and made a part of the authorization.
12. Data Review and Service Experience. If the Administrator finds
that a product or article has been approved for return to service after
a major repair has been performed under this Special Federal Aviation
Regulation, that the product or article may not conform to the
applicable airworthiness requirements or that an unsafe feature or
characteristic of the product or article may exist, and that the
nonconformance or unsafe feature or characteristic may be attributed to
the repair performed, the holder of the authorization, upon notification
by the Administrator, shall--
(a) Investigate the matter;
(b) Report to the Administrator the results of the investigation and
any action proposed or taken; and
(c) If notified that an unsafe condition exists, provide within the
time period stated by the Administrator, the information necessary for
the FAA to issue an airworthiness directive under part 39 of the Federal
Aviation Regulations.
13. Current Records. Each holder of an authorization issued under
this Special Federal Aviation Regulation shall maintain, at its
facility, current records containing--
(a) For each product or article for which it has developed and used
major repair data, a technical data file that includes all data and
amendments thereto (including drawings, photographs, specifications,
instructions, and reports) necessary to accomplish the major repair;
(b) A list of products or articles by make, model, manufacturer's
serial number (including specific part numbers and serial numbers of
components) and, if applicable, FAA Technical Standard Order (TSO) or
Parts Manufacturer Approval (PMA) identification, that have been
repaired under the authorization; and
(c) A file of information from all available sources on difficulties
experienced with products and articles repaired under the authorization.
This Special Federal Aviation Regulation terminates November 14,
2009.
[SFAR 36-6, 59 FR 3940, Jan. 27, 1994, as amended by Amdt. SFAR 36-7, 64
FR 960, Jan. 6, 1999; Amdt. 121-286, 66 FR 41116, Aug. 6, 2001; Amdt.
SFAR 36-8, 68 FR 65378, Nov. 19, 2003; Amdt. 121-311, 70 FR 59946, Oct.
13, 2005]
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 80--Alternative Communications
and Dispatching Procedures
1. Applicability. This Special Federal Aviation Regulation applies
to each holder of an air carrier or operating certificate (hereafter,
certificate holder) that meets one of the following eligibility
requirements:
a. The certificate holder conducts scheduled operations with
airplanes having a passenger-seat configuration of 30 seats or fewer,
excluding each crewmember seat, and a payload capacity of 7,500 pounds
or less under part 121 of this chapter.
[[Page 36]]
b. The certificate holder conducts domestic operations in Alaska
under part 121 of this chapter.
2. Alternative requirements.
a. If an operator described in paragraph 1.a. of this SFAR is
conducting a flight with an airplane described in 1.a. and if
communications cannot be maintained over the entire route (which would
be contrary to the requirements of Sec. 121.99 of this chapter), such
an operator may continue to operate over such a route subject to
approval by the Administrator. In granting such approval the
Administrator considers the following:
i. The operator has an established dispatch communication system.
ii. Gaps in communication are not over the entire route, but only
over portions of the route.
iii. When communication gaps occur, they occur due to one or more of
the following:
A. Lack of infrastructure.
B. Geographical considerations.
C. Assigned operating altitude.
iv. Procedures are established for the prompt re-establishment of
communications.
v. The operator has presented a plan or schedule for coming into
compliance with the requirements in Sec. 121.99 of this chapter.
b. A certificate holder who conducts domestic operations in Alaska
may, notwithstanding the requirements of Sec. 121.99 of this chapter,
use a communications system operated by the United States for those
operations.
c. An operator described in paragraph 1.a. of this SFAR who conducts
operations in Alaska may share the aircraft dispatcher required by Sec.
121.395 with another operator described in paragraph 1.a. of this SFAR
who conducts operations in Alaska if authorized to do so by the
Administrator. Before granting such an authorization, the Administrator
considers:
i. The operators' joint plans for complying with the aircraft
dispatcher training rules in subpart N of part 121 of this chapter and
the aircraft dispatcher qualification and duty time limitation rules in
subpart P of part 121 of this chapter.
ii. The number of flights for which the aircraft dispatcher would be
responsible.
iii. Whether the responsibilities of the dispatcher would be beyond
the capability of a single dispatcher.
3. Expiration. This Special Federal Aviation Regulation terminates
on March 12, 2001, unless sooner terminated.
[SFAR-80, 62 FR 13255, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]
Sec. Special Federal Aviation Regulation 92-5--Flightcrew Compartment
Access and Door Designs
1. Applicability. This Special Federal Aviation Regulation (SFAR)
applies to all operators that hold an air carrier certificate or
operating certificate issued under 14 CFR part 119 and that conduct
operations under this part 121 and to operators of U.S. registered
transport category airplanes operated under 14 CFR part 129, except
paragraph 5 of this SFAR does not apply to cargo operations and 14 CFR
part 129 operations. It applies to the operators specified in this SFAR
that modify airplanes to improve the flightcrew compartment door
installations to restrict the unwanted entry of persons into the
flightcrew compartment. This SFAR also applies to production certificate
holders and applicants for airworthiness certificates for airplanes to
be operated by operators specified in this SFAR, and producers of parts
to be used in modifications of such airplanes.
2. Regulatory Relief. Contrary provisions of this part 21, and
Sec. Sec. 121.313(h), 121.153(a)(2), 121.153(c), 121.379(b),
121.583(b)(1) and (2) and 14 CFR 129.13 notwithstanding:
(a) An operator may operate airplanes modified to improve the
flightcrew compartment door installations to restrict the unauthorized
entry of persons into the flightcrew compartment without regard to the
applicable airworthiness requirements and may modify those airplanes for
that purpose, using technical data not previously approved by the
Administrator, subject to the following conditions:
(i) Not later than February 15, 2002, submit to the Director,
Aircraft Certification Service, a detailed description of the changes to
the airplane that have been accomplished before that date to enhance the
intrusion resistance of the flightcrew compartment including
identification of what major alterations have been done without
previously approved data.
(ii) If, upon reviewing the data submitted in paragraph 2(a)(i) of
this SFAR, the Administrator determines that a door modification
presents an unacceptable safety risk, the FAA may issue an order
requiring changes to such modifications.
(b) An applicant for an airworthiness certificate may obtain such a
certificate for modified airplanes to be operated by operators described
in this SFAR.
(c) A holder of a production certificate may submit for
airworthiness certification or approval, modified airplanes to be
operated by operators described in this SFAR.
(d) A person may produce parts for installation on airplanes in
connection with modifications described in this SFAR, without FAA parts
manufacturer approval (PMA).
[[Page 37]]
3. Report of Modifications. Not later than April 22, 2002, all
operators who are required to install flightdeck door modifications in
accordance with 14 CFR 121.313(j) must submit a report to the Director,
Aircraft Certification Service. The report must describe the
modifications to be made and provide a schedule for the changes
necessary to restore compliance with all applicable airworthiness
requirements and to meet the requirements of 14 CFR 121.313(j). The
schedule may not extend beyond the termination date of this SFAR.
4. Return to Service Documentation. Where operators have modified
airplanes as authorized in this SFAR, the affected airplane must be
returned to service with a note that it was done under the provisions of
this SFAR.
5. Provision for Flightdeck Door Compartment Key. Contrary to
provisions of Sec. 121.313(g), the following provision applies: A key
for each door that separates a passenger compartment from an emergency
exit must be identified to passengers in the briefing required by Sec.
121.571(a)(1)(ii). The key required for access to the emergency exit
must be readily available for each crewmember. No key to the flightcrew
compartment shall be available to any crewmember during flight, except
for flight crewmembers, unless an internal flightdeck locking device
such as a deadbolt or bar is installed, operative, and in use.
6. Door Modification Requirement. After March 1, 2002, for each
airplane required under Sec. 121.313(f) to have a door between the
passenger and pilot compartments, and for transport category all-cargo
airplanes that have a door installed between the pilot compartment and
any other occupied compartment on or after January 15, 2002, such door
must be equipped with an internal locking device installed, operative,
and in use. Such internal locking device has to be designed so that it
can only be unlocked from inside the flightdeck.
7. Termination. For all-cargo transport category airplanes, this
SFAR terminates on October 1, 2003. For passenger airplanes, this SFAR
expires on April 9, 2003, except for airplanes meeting the criteria
specified in paragraphs 7.a, b, and c, below. For airplanes meeting
these criteria, this SFAR expires on July 31, 2003.
a. Before midnight April 9, 2003, the operator must have installed a
strengthened flightdeck door meeting the requirement of paragraph 7.b;
b. Before midnight April 9, 2003, the FAA must have found that the
door complies with 14 CFR 25.795(a)(1) and (2) in effect on January 15,
2002; and
c. Before March 10, 2003, a formal application for certification
approval of the door must have been submitted to the FAA.
[Doc. FAA-2001-10770, 68 FR 17516, Apr. 9, 2003]
Sec. Special Federal Aviation Regulation No. 93
Editorial Note: For the text of SFAR No. 93, see part 61 of this
chapter.
Sec. Special Federal Aviation Regulation No. 97
Editorial Note: For the text of SFAR No. 97, see part 91 of this
chapter.
Sec. Special Federal Aviation Regulation 106--Rules for use of portable
oxygen concentrator systems on board aircraft
Section 1. Applicability--This rule prescribes special operating
rules for the use of portable oxygen concentrator units on board civil
aircraft. This rule applies to both the aircraft operator and the
passenger using the portable oxygen concentrator on board the aircraft.
Section 2. Definitions--For the purposes of this SFAR the following
definitions apply: Portable Oxygen Concentrator: means the AirSep
LifeStyle, AirSep FreeStyle, Inogen One, SeQual Eclipse, or Respironics
EverGo 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 LifeStyle,
AirSep FreeStyle, Inogen One, SeQual Eclipse, or Respironics EverGo
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.
[[Page 38]]
(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 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]
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
[[Page 39]]
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 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
[[Page 40]]
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:
(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;
[[Page 41]]
(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) Delayed pilot age limitation. (1) Notwithstanding Sec.
121.383(c), and except as provided in paragraph (i)(2) of this section,
a certificate holder may use the services of a person as a pilot in
operations covered by paragraph (a)(1) of this section after that person
has reached his or her 60th birthday, until December 20, 1999.
Notwithstanding Sec. 121.383(c), and except as provided in paragraph
(i)(2) of this section, a person may serve as a pilot in operations
covered by paragraph (a)(1) of this section after that person has
reached his or her 60th birthday, until December 20, 1999.
(2) This paragraph applies only to persons who were employed as
pilots by a certificate holder in operations covered by paragraph (a)(1)
of this section on March 20, 1997.
(j) 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]
Sec. 121.4 Applicability of rules to unauthorized operators.
The rules in this part which refer to a person certificated under
part 119 of this chapter apply also to any person who engages in an
operation governed by this part without the appropriate certificate and
operations specifications required by part 119 of this chapter.
[Doc. No. 11675, 37 FR 20937, Oct. 5, 1972, as amended by Amdt. 121-251,
60 FR 65926, Dec. 20, 1995]
Sec. 121.7 Definitions.
The following definitions apply to those sections of part 121 that
apply to ETOPS:
Adequate Airport means an airport that an airplane operator may list
with approval from the FAA because that airport meets the landing
limitations of Sec. 121.197 and is either--
(1) An airport that meets the requirements of part 139, subpart D of
this chapter, excluding those that apply to aircraft rescue and
firefighting service, or
(2) A military airport that is active and operational.
ETOPS Alternate Airport means an adequate airport listed in the
certificate holder's operations specifications that is designated in a
dispatch or flight release for use in the event of a diversion during
ETOPS. This definition applies to flight planning and does not in any
way limit the authority of the pilot-in-command during flight.
ETOPS Area of Operation means one of the following areas:
(1) For turbine-engine-powered airplanes with two engines, an area
beyond 60 minutes from an adequate airport, computed using a one-engine-
inoperative cruise speed under standard conditions in still air.
(2) For turbine-engine-powered passenger-carrying airplanes with
more than two engines, an area beyond 180 minutes from an adequate
airport, computed using a one-engine-inoperative cruise speed under
standard conditions in still air.
ETOPS Entry Point means the first point on the route of an ETOPS
flight, determined using a one-engine-inoperative cruise speed under
standard conditions in still air, that is--
[[Page 42]]
(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]
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
[[Page 43]]
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.
(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
[[Page 44]]
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--
(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
[[Page 45]]
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 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]
[[Page 46]]
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.
(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.
[[Page 47]]
(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
(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
[[Page 48]]
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.
(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--
[[Page 49]]
(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.
(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--
[[Page 50]]
(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 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
[[Page 51]]
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]
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
[[Page 52]]
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 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).
[[Page 53]]
(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.
(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.
[[Page 54]]
(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 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,
[[Page 55]]
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 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
[[Page 56]]
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.
(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
[[Page 57]]
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
(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
[[Page 58]]
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 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
[[Page 59]]
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 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.
[[Page 60]]
(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 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--
[[Page 61]]
(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 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
[[Page 62]]
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 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
[[Page 63]]
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.
(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.
[[Page 64]]
Sec. 121.199 Nontransport category airplanes: Takeoff limitations.
(a) No person operating a nontransport category airplane may take
off that airplane at a weight greater than the weight that would allow
the airplane to be brought to a safe stop within the effective length of
the runway, from any point during the takeoff before reaching 105
percent of minimum control speed (the minimum speed at which an airplane
can be safely controlled in flight after an engine becomes inoperative)
or 115 percent of the power off stalling speed in the takeoff
configuration, whichever is greater.
(b) For the purposes of this section--
(1) It may be assumed that takeoff power is used on all engines
during the acceleration;
(2) Not more than 50 percent of the reported headwind component, or
not less than 150 percent of the reported tailwind component, may be
taken into account;
(3) The average runway gradient (the difference between the
elevations of the endpoints of the runway divided by the total length)
must be considered if it is more than one-half of 1 percent;
(4) It is assumed that the airplane is operating in standard
atmosphere; and
(5) The effective length of the runway for takeoff means the
distance from the end of the runway at which the takeoff is started to a
point at which the obstruction clearance plane associated with the other
end of the runway intersects the runway centerline.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132,
41 FR 55475, Dec. 20, 1976]
Sec. 121.201 Nontransport category airplanes: En route limitations: One
engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a nontransport category airplane may take off that airplane at
a weight that does not allow a rate of climb of at least 50 feet a
minute, with the critical engine inoperative, at an altitude of at least
1,000 feet above the highest obstruction within five miles on each side
of the intended track, or 5,000 feet, whichever is higher.
(b) Notwithstanding paragraph (a) of this section, if the
Administrator finds that safe operations are not impaired, a person may
operate the airplane at an altitude that allows the airplane, in case of
engine failure, to clear all obstructions within 5 miles on each side of
the intended track by 1,000 feet. If this procedure is used, the rate of
descent for the appropriate weight and altitude is assumed to be 50 feet
a minute greater than the rate in the approved performance data. Before
approving such a procedure, the Administrator considers the following
for the route, route segment, or area concerned:
(1) The reliability of wind and weather forecasting.
(2) The location and kinds of navigation aids.
(3) The prevailing weather conditions, particularly the frequency
and amount of turbulence normally encountered.
(4) Terrain features.
(5) Air traffic control problems.
(6) Any other operational factors that affect the operation.
(c) For the purposes of this section, it is assumed that--
(1) The critical engine is inoperative;
(2) The propeller of the inoperative engine is in the minimum drag
position;
(3) The wing flaps and landing gear are in the most favorable
position;
(4) The operating engines are operating at the maximum continuous
power available;
(5) The airplane is operating in standard atmosphere; and
(6) The weight of the airplane is progressively reduced by the
anticipated consumption of fuel and oil.
Sec. 121.203 Nontransport category airplanes: Landing limitations:
Destination airport.
(a) No person operating a nontransport category airplane may take
off that airplane at a weight that--
(1) Allowing for anticipated consumption of fuel and oil, is greater
than the weight that would allow a full stop landing within 60 percent
of the effective length of the most suitable runway at the destination
airport; and
[[Page 65]]
(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]
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.
[[Page 66]]
(d) Each compartment where smoking is to be allowed must be equipped
with self-contained ash trays that are completely removable and other
compartments must be placarded against smoking.
(e) Each receptacle for used towels, papers, and wastes must be of
fire-resistant material and must have a cover or other means of
containing possible fires started in the receptacles.
[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-84,
37 FR 3974, Feb. 24, 1972]
Sec. 121.217 Internal doors.
In any case where internal doors are equipped with louvres or other
ventilating means, there must be a means convenient to the crew for
closing the flow of air through the door when necessary.
Sec. 121.219 Ventilation.
Each passenger or crew compartment must be suitably ventilated.
Carbon monoxide concentration may not be more than one part in 20,000
parts of air, and fuel fumes may not be present. In any case where
partitions between compartments have louvres or other means allowing air
to flow between compartments, there must be a means convenient to the
crew for closing the flow of air through the partitions, when necessary.
Sec. 121.221 Fire precautions.
(a) Each compartment must be designed so that, when used for storing
cargo or baggage, it meets the following requirements:
(1) No compartment may include controls, wiring, lines, equipment,
or accessories that would upon damage or failure, affect the safe
operation of the airplane unless the item is adequately shielded,
isolated, or otherwise protected so that it cannot be damaged by
movement of cargo in the compartment and so that damage to or failure of
the item would not create a fire hazard in the compartment.
(2) Cargo or baggage may not interfere with the functioning of the
fire-protective features of the compartment.
(3) Materials used in the construction of the compartments,
including tie-down equipment, must be at least flame resistant.
(4) Each compartment must include provisions for safeguarding
against fires according to the classifications set forth in paragraphs
(b) through (f) of this section.
(b) Class A. Cargo and baggage compartments are classified in the
``A'' category if--
(1) A fire therein would be readily discernible to a member of the
crew while at his station; and
(2) All parts of the compartment are easily accessible in flight.
There must be a hand fire extinguisher available for each Class A
compartment.
(c) Class B. Cargo and baggage compartments are classified in the
``B'' category if enough access is provided while in flight to enable a
member of the crew to effectively reach all of the compartment and its
contents with a hand fire extinguisher and the compartment is so
designed that, when the access provisions are being used, no hazardous
amount of smoke, flames, or extinguishing agent enters any compartment
occupied by the crew or passengers. Each Class B compartment must comply
with the following:
(1) It must have a separate approved smoke or fire detector system
to give warning at the pilot or flight engineer station.
(2) There must be a hand fire extinguisher available for the
compartment.
(3) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(d) Class C. Cargo and baggage compartments are classified in the
``C'' category if they do not conform with the requirements for the
``A'', ``B'', ``D'', or ``E'' categories. Each Class C compartment must
comply with the following:
(1) It must have a separate approved smoke or fire detector system
to give warning at the pilot or flight engineer station.
(2) It must have an approved built-in fire-extinguishing system
controlled from the pilot or flight engineer station.
(3) It must be designed to exclude hazardous quantities of smoke,
flames, or extinguishing agents from entering
[[Page 67]]
into any compartment occupied by the crew or passengers.
(4) It must have ventilation and draft controlled so that the
extinguishing agent provided can control any fire that may start in the
compartment.
(5) It must be lined with fire-resistant material, except that
additional service lining of flame-resistant material may be used.
(e) Class D. Cargo and baggage compartments are classified in the
``D'' category if they are so designed and constructed that a fire
occurring therein will be completely confined without endangering the
safety of the airplane or the occupants. Each Class D compartment must
comply with the following:
(1) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering any compartment occupied by the
crew or passengers.
(2) Ventilation and drafts must be controlled within each
compartment so that any fire likely to occur in the compartment will not
progress beyond safe limits.
(3) It must be completely lined with fire-resistant material.
(4) Consideration must be given to the effect of heat within the
compartment on adjacent critical parts of the airplane.
(f) Class E. On airplanes used for the carriage of cargo only, the
cabin area may be classified as a Class ``E'' compartment. Each Class E
compartment must comply with the following:
(1) It must be completely lined with fire-resistant material.
(2) It must have a separate system of an approved type smoke or fire
detector to give warning at the pilot or flight engineer station.
(3) It must have a means to shut off the ventilating air flow to or
within the compartment and the controls for that means must be
accessible to the flight crew in the crew compartment.
(4) It must have a means to exclude hazardous quantities of smoke,
flames, or noxious gases from entering the flight crew compartment.
(5) Required crew emergency exits must be accessible under all cargo
loading conditions.
Sec. 121.223 Proof of compliance with Sec. 121.221.
Compliance with those provisions of Sec. 121.221 that refer to
compartment accessibility, the entry of hazardous quantities of smoke or
extinguishing agent into compartments occupied by the crew or
passengers, and the dissipation of the extinguishing agent in Class
``C'' compartments must be shown by tests in flight. During these tests
it must be shown that no inadvertent operation of smoke or fire
detectors in other compartments within the airplane would occur as a
result of fire contained in any one compartment, either during the time
it is being extinguished, or thereafter, unless the extinguishing system
floods those compartments simultaneously.
Sec. 121.225 Propeller deicing fluid.
If combustible fluid is used for propeller deicing, the certificate
holder must comply with Sec. 121.255.
Sec. 121.227 Pressure cross-feed arrangements.
(a) Pressure cross-feed lines may not pass through parts of the
airplane used for carrying persons or cargo unless--
(1) There is a means to allow crewmembers to shut off the supply of
fuel to these lines; or
(2) The lines are enclosed in a fuel and fume-proof enclosure that
is ventilated and drained to the exterior of the airplane.
However, such an enclosure need not be used if those lines incorporate
no fittings on or within the personnel or cargo areas and are suitably
routed or protected to prevent accidental damage.
(b) Lines that can be isolated from the rest of the fuel system by
valves at each end must incorporate provisions for relieving excessive
pressures that may result from exposure of the isolated line to high
temperatures.
Sec. 121.229 Location of fuel tanks.
(a) Fuel tanks must be located in accordance with Sec. 121.255.
(b) No part of the engine nacelle skin that lies immediately behind
a major
[[Page 68]]
air outlet from the engine compartment may be used as the wall of an
integral tank.
(c) Fuel tanks must be isolated from personnel compartments by means
of fume- and fuel-proof enclosures.
Sec. 121.231 Fuel system lines and fittings.
(a) Fuel lines must be installed and supported so as to prevent
excessive vibration and so as to be adequate to withstand loads due to
fuel pressure and accelerated flight conditions.
(b) Lines connected to components of the airplanes between which
there may be relative motion must incorporate provisions for
flexibility.
(c) Flexible connections in lines that may be under pressure and
subject to axial loading must use flexible hose assemblies rather than
hose clamp connections.
(d) Flexible hose must be of an acceptable type or proven suitable
for the particular application.
Sec. 121.233 Fuel lines and fittings in designated fire zones.
Fuel lines and fittings in each designated fire zone must comply
with Sec. 121.259.
Sec. 121.235 Fuel valves.
Each fuel valve must--
(a) Comply with Sec. 121.257;
(b) Have positive stops or suitable index provisions in the ``on''
and ``off'' positions; and
(c) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines connected
to the valve.
Sec. 121.237 Oil lines and fittings in designated fire zones.
Oil line and fittings in each designated fire zone must comply with
Sec. 121.259.
Sec. 121.239 Oil valves.
(a) Each oil valve must--
(1) Comply with Sec. 121.257;
(2) Have positive stops or suitable index provisions in the ``on''
and ``off'' positions; and
(3) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines attached
to the valve.
(b) The closing of an oil shutoff means must not prevent feathering
the propeller, unless equivalent safety provisions are incorporated.
Sec. 121.241 Oil system drains.
Accessible drains incorporating either a manual or automatic means
for positive locking in the closed position, must be provided to allow
safe drainage of the entire oil system.
Sec. 121.243 Engine breather lines.
(a) Engine breather lines must be so arranged that condensed water
vapor that may freeze and obstruct the line cannot accumulate at any
point.
(b) Engine breathers must discharge in a location that does not
constitute a fire hazard in case foaming occurs and so that oil emitted
from the line does not impinge upon the pilots' windshield.
(c) Engine breathers may not discharge into the engine air induction
system.
Sec. 121.245 Fire walls.
Each engine, auxiliary power unit, fuel-burning heater, or other
item of combustion equipment that is intended for operation in flight
must be isolated from the rest of the airplane by means of firewalls or
shrouds, or by other equivalent means.
Sec. 121.247 Fire-wall construction.
Each fire wall and shroud must--
(a) Be so made that no hazardous quantity of air, fluids, or flame
can pass from the engine compartment to other parts of the airplane;
(b) Have all openings in the fire wall or shroud sealed with close-
fitting fire-proof grommets, bushings, or firewall fittings;
(c) Be made of fireproof material; and
(d) Be protected against corrosion.
Sec. 121.249 Cowling.
(a) Cowling must be made and supported so as to resist the vibration
inertia, and air loads to which it may be normally subjected.
(b) Provisions must be made to allow rapid and complete drainage of
the
[[Page 69]]
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 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.
[[Page 70]]
(b) Materials in the fire-extinguishing system must not react
chemically with the extinguishing agent so as to be a hazard.
Sec. 121.265 Fire-extinguishing agents.
Only methyl bromide, carbon dioxide, or another agent that has been
shown to provide equivalent extinguishing action may be used as a fire-
extinguishing agent. If methyl bromide or any other toxic extinguishing
agent is used, provisions must be made to prevent harmful concentrations
of fluid or fluid vapors from entering any personnel compartment either
because of leakage during normal operation of the airplane or because of
discharging the fire extinguisher on the ground or in flight when there
is a defect in the extinguishing system. If a methyl bromide system is
used, the containers must be charged with dry agent and sealed by the
fire-extinguisher manufacturer or some other person using satisfactory
recharging equipment. If carbon dioxide is used, it must not be possible
to discharge enough gas into the personnel compartments to create a
danger of suffocating the occupants.
Sec. 121.267 Extinguishing agent container pressure relief.
Extinguishing agent containers must be provided with a pressure
relief to prevent bursting of the container because of excessive
internal pressures. The discharge line from the relief connection must
terminate outside the airplane in a place convenient for inspection on
the ground. An indicator must be provided at the discharge end of the
line to provide a visual indication when the container has discharged.
Sec. 121.269 Extinguishing agent container compartment temperature.
Precautions must be taken to insure that the extinguishing agent
containers are installed in places where reasonable temperatures can be
maintained for effective use of the extinguishing system.
Sec. 121.271 Fire-extinguishing system materials.
(a) Except as provided in paragraph (b) of this section, each
component of a fire-extinguishing system that is in a designated fire
zone must be made of fireproof materials.
(b) Connections that are subject to relative motion between
components of the airplane must be made of flexible materials that are
at least fire-resistant and be located so as to minimize the probability
of failure.
Sec. 121.273 Fire-detector systems.
Enough quick-acting fire detectors must be provided in each
designated fire zone to assure the detection of any fire that may occur
in that zone.
Sec. 121.275 Fire detectors.
Fire detectors must be made and installed in a manner that assures
their ability to resist, without failure, all vibration, inertia, and
other loads to which they may be normally subjected. Fire detectors must
be unaffected by exposure to fumes, oil, water, or other fluids that may
be present.
Sec. 121.277 Protection of other airplane components against fire.
(a) Except as provided in paragraph (b) of this section, all
airplane surfaces aft of the nacelles in the area of one nacelle
diameter on both sides of the nacelle centerline must be made of
material that is at least fire resistant.
(b) Paragraph (a) of this section does not apply to tail surfaces
lying behind nacelles unless the dimensional configuration of the
airplane is such that the tail surfaces could be affected readily by
heat, flames, or sparks emanating from a designated fire zone or from
the engine compartment of any nacelle.
Sec. 121.279 Control of engine rotation.
(a) Except as provided in paragraph (b) of this section, each
airplane must have a means of individually stopping and restarting the
rotation of any engine in flight.
(b) In the case of turbine engine installations, a means of stopping
the rotation need be provided only if the Administrator finds that
rotation could jeopardize the safety of the airplane.
Sec. 121.281 Fuel system independence.
(a) Each airplane fuel system must be arranged so that the failure
of any one
[[Page 71]]
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 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:
[[Page 72]]
(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 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
[[Page 73]]
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]
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]
[[Page 74]]
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).
(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.
[[Page 75]]
(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.
(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.
[[Page 76]]
(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 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.
[[Page 77]]
(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 on GPO Access.
Sec. 121.310 Additional emergency equipment.
(a) Means for emergency evacuation. Each passenger-carrying
landplane emergency exit (other than over-the-wing) that is more than 6
feet from the ground with the airplane on the ground and the landing
gear extended, must have an approved means to assist the occupants in
descending to the ground. The assisting means for a floor-level
emergency exit must meet the requirements of Sec. 25.809(f)(1) of this
chapter in effect on April 30, 1972, except that, for any airplane for
which the application for the type certificate was filed after that
date, it must meet the requirements under which the airplane was type
certificated. An assisting means that deploys automatically must be
armed during taxiing, takeoffs, and landings. However, if the
Administrator finds that the design of the exit makes compliance
impractical, he may grant a deviation from the requirement of automatic
deployment if the assisting means automatically erects upon deployment
and, with respect to required emergency exits, if an emergency
evacuation demonstration is conducted in accordance with Sec.
121.291(a). This paragraph does not apply to the rear window emergency
exit of DC-3 airplanes operated with
[[Page 78]]
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 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
[[Page 79]]
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 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,
[[Page 80]]
(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 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
[[Page 81]]
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]
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 on GPO Access.
Sec. 121.311 Seats, safety belts, and shoulder harnesses.
(a) No person may operate an airplane unless there are available
during
[[Page 82]]
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:
(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.
[[Page 83]]
(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.
(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,
[[Page 84]]
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 on GPO Access.
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, 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),
[[Page 85]]
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 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]
[[Page 86]]
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 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,
[[Page 87]]
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. 119.3 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]
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 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
[[Page 88]]
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 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
[[Page 89]]
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 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;
[[Page 90]]
(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]
Sec. 121.321 [Reserved]
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]
Sec. 121.327 Supplemental oxygen: Reciprocating engine powered airplanes.
(a) General. Except where supplemental oxygen is provided in
accordance with Sec. 121.331, no person may operate an airplane unless
supplemental oxygen is furnished and used as set forth in paragraphs (b)
and (c) of this section. The amount of supplemental oxygen required for
a particular operation is determined on the basis of flight altitudes
and flight duration, consistent with the operation procedures
established for each operation and route.
(b) Crewmembers. (1) At cabin pressure altitudes above 10,000 feet
up to and including 12,000 feet, oxygen must be provided for, and used
by, each member of the flight crew on flight deck duty, and must be
provided for other crewmembers, for that part of the flight at those
altitudes that is of more than 30 minutes duration.
(2) At cabin pressure altitudes above 12,000 feet, oxygen must be
provided for, and used by, each member of the flight crew on flight deck
duty, and
[[Page 91]]
must be provided for other crewmembers, during the entire flight time at
those altitudes.
(3) When a flight crewmember is required to use oxygen, he must use
it continuously, except when necessary to remove the oxygen mask or
other dispenser in connection with his regular duties. Standby
crewmembers who are on call or are definitely going to have flight deck
duty before completing the flight must be provided with an amount of
supplemental oxygen equal to that provided for crewmembers on duty other
than on flight deck duty. If a standby crewmember is not on call and
will not be on flight deck duty during the remainder of the flight, he
is considered to be a passenger for the purposes of supplemental oxygen
requirements.
(c) Passengers. Each certificate holder shall provide a supply of
oxygen, approved for passenger safety, in accordance with the following:
(1) For flights of more than 30 minutes duration at cabin pressure
altitudes above 8,000 feet up to and including 14,000 feet, enough
oxygen for 30 minutes for 10 percent of the passengers.
(2) For flights at cabin pressure altitudes above 14,000 feet up to
and including 15,000 feet, enough oxygen for that part of the flight at
those altitudes for 30 percent of the passengers.
(3) For flights at cabin pressure altitudes above 15,000 feet,
enough oxygen for each passenger carried during the entire flight at
those altitudes.
(d) For the purposes of this subpart cabin pressure altitude means
the pressure altitude corresponding with the pressure in the cabin of
the airplane, and flight altitude means the altitude above sea level at
which the airplane is operated. For airplanes without pressurized
cabins, ``cabin pressure altitude'' and ``flight altitude'' mean the
same thing.
Sec. 121.329 Supplemental oxygen for sustenance: Turbine engine powered
airplanes.
(a) General. When operating a turbine engine powered airplane, each
certificate holder shall equip the airplane with sustaining oxygen and
dispensing equipment for use as set forth in this section:
(1) The amount of oxygen provided must be at least the quantity
necessary to comply with paragraphs (b) and (c) of this section.
(2) The amount of sustaining and first-aid oxygen required for a
particular operation to comply with the rules in this part is determined
on the basis of cabin pressure altitudes and flight duration, consistent
with the operating procedures established for each operation and route.
(3) The requirements for airplanes with pressurized cabins are
determined on the basis of cabin pressure altitude and the assumption
that a cabin pressurization failure will occur at the altitude or point
of flight that is most critical from the standpoint of oxygen need, and
that after the failure the airplane will descend in accordance with the
emergency procedures specified in the Airplane Flight Manual, without
exceeding its operating limitations, to a flight altitude that will
allow successful termination of the flight.
(4) Following the failure, the cabin pressure altitude is considered
to be the same as the flight altitude unless it is shown that no
probable failure of the cabin or pressurization equipment will result in
a cabin pressure altitude equal to the flight altitude. Under those
circumstances, the maximum cabin pressure altitude attained may be used
as a basis for certification or determination of oxygen supply, or both.
(b) Crewmembers. Each certificate holder shall provide a supply of
oxygen for crewmembers in accordance with the following:
(1) At cabin pressure altitudes above 10,000 feet, up to and
including 12,000 feet, oxygen must be provided for and used by each
member of the flight crew on flight deck duty and must be provided for
other crewmembers for that part of the flight at those altitudes that is
of more than 30 minutes duration.
(2) At cabin pressure altitudes above 12,000 feet, oxygen must be
provided for, and used by, each member of the flight crew on flight deck
duty, and
[[Page 92]]
must be provided for other crewmembers during the entire flight at those
altitudes.
(3) When a flight crewmember is required to use oxygen, he must use
it continuously except when necessary to remove the oxygen mask or other
dispenser in connection with his regular duties. Standby crewmembers who
are on call or are definitely going to have flight deck duty before
completing the flight must be provided with an amount of supplemental
oxygen equal to that provided for crewmembers on duty other than on
flight duty. If a standby crewmember is not on call and will not be on
flight deck duty during the remainder of the flight, he is considered to
be a passenger for the purposes of supplemental oxygen requirements.
(c) Passengers. Each certificate holder shall provide a supply of
oxygen for passengers in accordance with the following:
(1) For flights at cabin pressure altitudes above 10,000 feet, up to
and including 14,000 feet, enough oxygen for that part of the flight at
those altitudes that is of more than 30 minutes duration, for 10 percent
of the passengers.
(2) For flights at cabin pressure altitudes above 14,000 feet, up to
and including 15,000 feet, enough oxygen for that part of the flight at
those altitudes for 30 percent of the passengers.
(3) For flights at cabin pressure altitudes above 15,000 feet,
enough oxygen for each passenger carried during the entire flight at
those altitudes.
Sec. 121.331 Supplemental oxygen requirements for pressurized cabin
airplanes: Reciprocating engine powered airplanes.
(a) When operating a reciprocating engine powered airplane
pressurized cabin, each certificate holder shall equip the airplane to
comply with paragraphs (b) through (d) of this section in the event of
cabin pressurization failure.
(b) For crewmembers. When operating at flight altitudes above 10,000
feet, the certificate holder shall provide enough oxygen for each
crewmember for the entire flight at those altitudes and not less than a
two-hour supply for each flight crewmember on flight deck duty. The
required two hours supply is that quantity of oxygen necessary for a
constant rate of descent from the airplane's maximum certificated
operating altitude to 10,000 feet in ten minutes and followed by 110
minutes at 10,000 feet. The oxygen required by Sec. 121.337 may be
considered in determining the supplemental breathing supply required for
flight crewmembers on flight deck duty in the event of cabin
pressurization failure.
(c) For passengers. When operating at flight altitudes above 8,000
feet, the certificate holder shall provide oxygen as follows:
(1) When an airplane is not flown at a flight altitude above flight
level 250, enough oxygen for 30 minutes for 10 percent of the
passengers, if at any point along the route to be flown the airplane can
safely descend to a flight altitude of 14,000 feet or less within four
minutes.
(2) If the airplane cannot descend to a flight altitude of 14,000
feet or less within four minutes, the following supply of oxygen must be
provided:
(i) For that part of the flight that is more than four minutes
duration at flight altitudes above 15,000 feet, the supply required by
Sec. 121.327(c)(3).
(ii) For that part of the flight at flight altitudes above 14,000
feet, up to and including 15,000 feet, the supply required by Sec.
121.327(c)(2).
(iii) For flight at flight altitudes above 8,000 feet up to and
including 14,000 feet, enough oxygen for 30 minutes for 10 percent of
the passengers.
(3) When an airplane is flown at a flight altitude above flight
level 250, enough oxygen for 30 minutes for 10 percent of the passengers
for the entire flight (including emergency descent) above 8,000 feet, up
to and including 14,000 feet, and to comply with Sec. 121.327(c) (2)
and (3) for flight above 14,000 feet.
(d) For the purposes of this section it is assumed that the cabin
pressurization failure occurs at a time during flight that is critical
from the standpoint of oxygen need and that after the failure the
airplane will descend, without exceeding its normal operating
[[Page 93]]
limitations, to flight altitudes allowing safe flight with respect to
terrain clearance.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-132,
41 FR 55475, Dec. 20, 1976]
Sec. 121.333 Supplemental oxygen for emergency descent and for first aid;
turbine engine powered airplanes with pressurized cabins.
(a) General. When operating a turbine engine powered airplane with a
pressurized cabin, the certificate holder shall furnish oxygen and
dispensing equipment to comply with paragraphs (b) through (e) of this
section in the event of cabin pressurization failure.
(b) Crewmembers. When operating at flight altitudes above 10,000
feet, the certificate holder shall supply enough oxygen to comply with
Sec. 121.329, but not less than a two-hour supply for each flight
crewmember on flight deck duty. The required two hours supply is that
quantity of oxygen necessary for a constant rate of descent from the
airplane's maximum certificated operating altitude to 10,000 feet in ten
minutes and followed by 110 minutes at 10,000 feet. The oxygen required
in the event of cabin pressurization failure by Sec. 121.337 may be
included in determining the supply required for flight crewmembers on
flight deck duty.
(c) Use of oxygen masks by flight crewmembers. (1) When operating at
flight altitudes above flight level 250, each flight crewmember on
flight deck duty must be provided with an oxygen mask so designed that
it can be rapidly placed on his face from its ready position, properly
secured, sealed, and supplying oxygen upon demand; and so designed that
after being placed on the face it does not prevent immediate
communication between the flight crewmember and other crewmembers over
the airplane intercommunication system. When it is not being used at
flight altitudes above flight level 250, the oxygen mask must be kept in
condition for ready use and located so as to be within the immediate
reach of the flight crewmember while at his duty station.
(2) When operating at flight altitudes above flight level 250, one
pilot at the controls of the airplane shall at all times wear and use an
oxygen mask secured, sealed, and supplying oxygen, in accordance with
the following:
(i) The one pilot need not wear and use an oxygen mask at or below
the following flight levels if each flight crewmember on flight deck
duty has a quick-donning type of oxygen mask that the certificate holder
has shown can be placed on the face from its ready position, properly
secured, sealed, and supplying oxygen upon demand, with one hand and
within five seconds:
(A) For airplanes having a passenger seat configuration of more than
30 seats, excluding any required crewmember seat, or a payload capacity
of more than 7,500 pounds, at or below flight level 410.
(B) For airplanes having a passenger seat configuration of less than
31 seats, excluding any required crewmember seat, and a payload capacity
of 7,500 pounds or less, at or below flight level 350.
(ii) Whenever a quick-donning type of oxygen mask is to be used
under this section, the certificate holder shall also show that the mask
can be put on without disturbing eye glasses and without delaying the
flight crewmember from proceeding with his assigned emergency duties.
The oxygen mask after being put on must not prevent immediate
communication between the flight crewmember and other crewmembers over
the airplane intercommunication system.
(3) Notwithstanding paragraph (c)(2) of this section, if for any
reason at any time it is necessary for one pilot to leave his station at
the controls of the airplane when operating at flight altitudes above
flight level 250, the remaining pilot at the controls shall put on and
use his oxygen mask until the other pilot has returned to his duty
station.
(4) Before the takeoff of a flight, each flight crewmember shall
personally preflight his oxygen equipment to insure that the oxygen mask
is functioning, fitted properly, and connected to appropriate supply
terminals, and that the oxygen supply and pressure are adequate for use.
(d) Use of portable oxygen equipment by cabin attendants. After
November 28,
[[Page 94]]
2005 each mask used for portable oxygen equipment must be connected to
its oxygen supply. Above flight level 250, one of the following is
required:
(1) Each attendant shall carry portable oxygen equipment with a 15
minute supply of oxygen; or
(2) There must be sufficient portable oxygen equipment (including
masks and spare outlets) distributed throughout the cabin so that such
equipment is immediately available to each attendant, regardless of
their location in the cabin; or
(3) There are sufficient spare outlets and masks distributed
throughout the cabin to ensure immediate availability of oxygen to each
cabin attendant, regardless of their location in the cabin.
(e) Passenger cabin occupants. When the airplane is operating at
flight altitudes above 10,000 feet, the following supply of oxygen must
be provided for the use of passenger cabin occupants:
(1) When an airplane certificated to operate at flight altitudes up
to and including flight level 250, can at any point along the route to
be flown, descend safely to a flight altitude of 14,000 feet or less
within four minutes, oxygen must be available at the rate prescribed by
this part for a 30-minute period for at least 10 percent of the
passenger cabin occupants.
(2) When an airplane is operated at flight altitudes up to and
including flight level 250 and cannot descend safely to a flight
altitude of 14,000 feet within four minutes, or when an airplane is
operated at flight altitudes above flight level 250, oxygen must be
available at the rate prescribed by this part for not less than 10
percent of the passenger cabin occupants for the entire flight after
cabin depressurization, at cabin pressure altitudes above 10,000 feet up
to and including 14,000 feet and, as applicable, to allow compliance
with Sec. 121.329(c) (2) and (3), except that there must be not less
than a 10-minute supply for the passenger cabin occupants.
(3) For first-aid treatment of occupants who for physiological
reasons might require undiluted oxygen following descent from cabin
pressure altitudes above flight level 250, a supply of oxygen in
accordance with the requirements of Sec. 25.1443(d) must be provided
for two percent of the occupants for the entire flight after cabin
depressurization at cabin pressure altitudes above 8,000 feet, but in no
case to less than one person. An appropriate number of acceptable
dispensing units, but in no case less than two, must be provided, with a
means for the cabin attendants to use this supply.
(f) Passenger briefing. Before flight is conducted above flight
level 250, a crewmember shall instruct the passengers on the necessity
of using oxygen in the event of cabin depressurization and shall point
out to them the location and demonstrate the use of the oxygen-
dispensing equipment.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-11,
30 FR 12466, Sept. 30, 1965; Amdt. 121-132, 41 FR 55475, Dec. 20, 1976;
Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997;
Amdt. 121-306, 69 FR 62789, Oct. 27, 2004]
Sec. 121.335 Equipment standards.
(a) Reciprocating engine powered airplanes. The oxygen apparatus,
the minimum rates of oxygen flow, and the supply of oxygen necessary to
comply with Sec. 121.327 must meet the standards established in section
4b.651 of the Civil Air Regulations as in effect on July 20, 1950,
except that if the certificate holder shows full compliance with those
standards to be impracticable, the Administrator may authorize any
change in those standards that he finds will provide an equivalent level
of safety.
(b) Turbine engine powered airplanes. The oxygen apparatus, the
minimum rate of oxygen flow, and the supply of oxygen necessary to
comply with Sec. Sec. 121.329 and 121.333 must meet the standards
established in section 4b.651 of the Civil Air Regulations as in effect
on September 1, 1958, except that if the certificate holder shows full
compliance with those standards to be impracticable, the Administrator
may authorize any changes in those standards that he finds will provide
an equivalent level of safety.
Sec. 121.337 Protective breathing equipment.
(a) The certificate holder shall furnish approved protective
breathing
[[Page 95]]
equipment (PBE) meeting the equipment, breathing gas, and communication
requirements contained in paragraph (b) of this section.
(b) Pressurized and nonpressurized cabin airplanes. Except as
provided in paragraph (f) of this section, no person may operate an
airplane unless protective breathing equipment meeting the requirements
of this section is provided as follows:
(1) General. The equipment must protect the flightcrew from the
effects of smoke, carbon dioxide or other harmful gases or an oxygen
deficient environment caused by other than an airplane depressurization
while on flight deck duty and must protect crewmembers from the above
effects while combatting fires on board the airplane.
(2) The equipment must be inspected regularly in accordance with
inspection guidelines and the inspection periods established by the
equipment manufacturer to ensure its condition for continued
serviceability and immediate readiness to perform its intended emergency
purposes. The inspection periods may be changed upon a showing by the
certificate holder that the changes would provide an equivalent level of
safety.
(3) That part of the equipment protecting the eyes must not impair
the wearer's vision to the extent that a crewmember's duties cannot be
accomplished and must allow corrective glasses to be worn without
impairment of vision or loss of the protection required by paragraph
(b)(1) of this section.
(4) The equipment, while in use, must allow the flightcrew to
communicate using the airplane radio equipment and to communicate by
interphone with each other while at their assigned duty stations. The
equipment, while in use, must also allow crewmember interphone
communications between each of two flight crewmember stations in the
pilot compartment and at least one normal flight attendant station in
each passenger compartment.
(5) The equipment, while in use, must allow any crewmember to use
the airplane interphone system at any of the flight attendant stations
referred to in paragraph (b)(4) of this section.
(6) The equipment may also be used to meet the supplemental oxygen
requirements of this part provided it meets the oxygen equipment
standards of Sec. 121.335 of this part.
(7) Protective breathing gas duration and supply system equipment
requirements are as follows:
(i) The equipment must supply breathing gas for 15 minutes at a
pressure altitude of 8,000 feet for the following:
(A) Flight crewmembers while performing flight deck duties; and
(B) Crewmembers while combatting an in-flight fire.
(ii) The breathing gas system must be free from hazards in itself,
in its method of operation, and in its effect upon other components.
(iii) For breathing gas systems other than chemical oxygen
generators, there must be a means to allow the crew to readily
determine, during the equipment preflight described in paragraph (c) of
this section, that the gas supply is fully charged.
(iv) For each chemical oxygen generator, the supply system equipment
must meet the requirements of Sec. 25.1450 (b) and (c) of this chapter.
(8) Smoke and fume protection. Protective breathing equipment with a
fixed or portable breathing gas supply meeting the requirements of this
section must be conveniently located on the flight deck and be easily
accessible for immediate use by each required flight crewmember at his
or her assigned duty station.
(9) Fire combatting. Except for nontransport category airplanes type
certificated after December 31, 1964, protective breathing equipment
with a portable breathing gas supply meeting the requirements of this
section must be easily accessible and conveniently located for immediate
use by crewmembers in combatting fires as follows:
(i) One PBE is required for each hand fire extinguisher located for
use in a galley other than a galley located in a passenger, cargo, or
crew compartment.
(ii) One on the flight deck, except that the Administrator may
authorize another location for this PBE if special
[[Page 96]]
circumstances exist that make compliance impractical and the proposed
deviation would provide an equivalent level of safety.
(iii) In each passenger compartment, one for each hand fire
extinguisher required by Sec. 121.309 of this part, to be located
within 3 feet of each required hand fire extinguisher, except that the
Administrator may authorize a deviation allowing locations of PBE more
than 3 feet from required hand fire extinguisher locations if special
circumstances exist that make compliance impractical and if the proposed
deviation provides an equivalent level of safety.
(c) Equipment preflight. (1) Before each flight, each item of PBE at
flight crewmember duty stations must be checked by the flight crewmember
who will use the equipment to ensure that the equipment--
(i) For other than chemical oxygen generator systems, is
functioning, is serviceable, fits properly (unless a universal-fit
type), and is connected to supply terminals and that the breathing gas
supply and pressure are adequate for use; and
(ii) For chemical oxygen generator systems, is serviceable and fits
properly (unless a universal-fit type).
(2) Each item of PBE located at other than a flight crewmember duty
station must be checked by a designated crewmember to ensure that each
is properly stowed and serviceable, and, for other than chemical oxygen
generator systems, the breathing gas supply is fully charged. Each
certificate holder, in its operations manual, must designate at least
one crewmember to perform those checks before he or she takes off in
that airplane for his or her first flight of the day.
[Doc. No. 24792, 52 FR 20957, June 3, 1987, as amended by Amdt. 121-204,
54 FR 22271, May 22, 1989; Amdt. 121-212, 55 FR 5551, Feb. 15, 1990;
Amdt. 121-218, 55 FR 31565, Aug. 2, 1990; Amdt. 121-230, 57 FR 42674,
Sept. 15, 1992; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995; Amdt. 121-
261, 61 FR 43921, Aug. 26, 1996]
Sec. 121.339 Emergency equipment for extended over-water operations.
(a) Except where the Administrator, by amending the operations
specifications of the certificate holder, requires the carriage of all
or any specific items of the equipment listed below for any overwater
operation, or upon application of the certificate holder, the
Administrator allows deviation for a particular extended overwater
operation, no person may operate an airplane in extended overwater
operations without having on the airplane the following equipment:
(1) A life preserver equipped with an approved survivor locator
light, for each occupant of the airplane.
(2) Enough life rafts (each equipped with an approved survivor
locator light) of a rated capacity and buoyancy to accommodate the
occupants of the airplane. Unless excess rafts of enough capacity are
provided, the buoyancy and seating capacity beyond the rated capacity of
the rafts must accommodate all occupants of the airplane in the event of
a loss of one raft of the largest rated capacity.
(3) At least one pyrotechnic signaling device for each life raft.
(4) An approved survival type emergency locator transmitter.
Batteries used in this transmitter must be replaced (or recharged, if
the battery is rechargeable) when the transmitter has been in use for
more than 1 cumulative hour, or when 50 percent of their useful life (or
for rechargeable batteries, 50 percent of their useful life of charge)
has expired, as established by the transmitter manufacturer under its
approval. The new expiration date for replacing (or recharging) the
battery must be legibly marked on the outside of the transmitter. The
battery useful life (or useful life of charge) requirements of this
paragraph do not apply to batteries (such as water-activated batteries)
that are essentially unaffected during probable storage intervals.
(b) The required life rafts, life preservers, and survival type
emergency locator transmitter must be easily accessible in the event of
a ditching without appreciable time for preparatory procedures. This
equipment must be installed in conspicuously marked, approved locations.
(c) A survival kit, appropriately equipped for the route to be
flown,
[[Page 97]]
must be attached to each required life raft.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-53,
34 FR 15244, Sept. 30, 1969; Amdt. 121-79, 36 FR 18724, Sept. 21, 1971;
Amdt. 121-93, 37 FR 14294, June 19, 1972 Amdt. 121-106, 38 FR 22378,
Aug. 20, 1973; Amdt. 121-149, 43 FR 50603, Oct. 30, 1978; Amdt. 121-158,
45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, June 21, 1994]
Sec. 121.340 Emergency flotation means.
(a) Except as provided in paragraph (b) of this section, no person
may operate an airplane in any overwater operation unless it is equipped
with life preservers in accordance with Sec. 121.339(a)(1) or with an
approved flotation means for each occupant. This means must be within
easy reach of each seated occupant and must be readily removable from
the airplane.
(b) Upon application by the air carrier or commercial operator, the
Administrator may approve the operation of an airplane over water
without the life preservers or flotation means required by paragraph (a)
of this section, if the air carrier or commercial operator shows that
the water over which the airplane is to be operated is not of such size
and depth that life preservers or flotation means would be required for
the survival of its occupants in the event the flight terminates in that
water.
[Doc. No. 6713, 31 FR 1147, Jan. 28, 1966, as amended by Amdt. 121-25,
32 FR 3223, Feb. 24, 1967; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]
Sec. 121.341 Equipment for operations in icing conditions.
(a) Except as permitted in paragraph (c)(2) of this section, unless
an airplane is type certificated under the transport category
airworthiness requirements relating to ice protection, or unless an
airplane is a non-transport category airplane type certificated after
December 31, 1964, that has the ice protection provisions that meet
section 34 of appendix A of part 135 of this chapter, no person may
operate an airplane in icing conditions unless it is equipped with means
for the prevention or removal of ice on windshields, wings, empennage,
propellers, and other parts of the airplane where ice formation will
adversely affect the safety of the airplane.
(b) No person may operate an airplane in icing conditions at night
unless means are provided for illuminating or otherwise determining the
formation of ice on the parts of the wings that are critical from the
standpoint of ice accumulation. Any illuminating that is used must be of
a type that will not cause glare or reflection that would handicap
crewmembers in the performance of their duties.
(c) Non-transport category airplanes type certificated after
December 31, 1964. Except for an airplane that has ice protection
provisions that meet section 34 of appendix A of part 135 of this
chapter, or those for transport category airplane type certification, no
person may operate--
(1) Under IFR into known or forecast light or moderate icing
conditions;
(2) Under VFR into known light or moderate icing conditions; unless
the airplane has functioning deicing anti-icing equipment protecting
each propeller, windshield, wing, stabilizing or control surface, and
each airspeed, altimeter, rate of climb, or flight attitude instrument
system; or
(3) Into known or forecast severe icing conditions.
(d) If current weather reports and briefing information relied upon
by the pilot in command indicate that the forecast icing condition that
would otherwise prohibit the flight will not be encountered during the
flight because of changed weather conditions since the forecast, the
restrictions in paragraph (c) of this section based on forecast
conditions do not apply.
[Doc. No. 6258, 29 FR 18205, Dec. 31, 1964, as amended by Amdt. 121-251,
60 FR 65929, Dec. 20, 1995]
Sec. 121.342 Pitot heat indication systems.
No person may operate a transport category airplane or, after
December 20, 1999, a nontransport category airplane type certificated
after December 31, 1964, that is equipped with a flight instrument pitot
heating system unless the airplane is also equipped with an operable
pitot heat indication system
[[Page 98]]
that complies Sec. 25.1326 of this chapter in effect on April 12, 1978.
[Doc. No. 28154, 60 FR 65932, Dec. 20, 1995]
Sec. 121.343 Flight data recorders.
(a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of
this section, no person may operate a large airplane that is
certificated for operations above 25,000 feet altitude or is turbine-
engine powered unless it is equipped with one or more approved flight
recorders that record data from which the following may be determined
within the ranges, accuracies, and recording intervals specified in
appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading; and
(6) Time of each radio transmission either to or from air traffic
control.
(b) No person may operate a large airplane type certificated up to
and including September 30, 1969, for operations above 25,000 feet
altitude, or a turbine-engine powered airplane certificated before the
same date, unless it is equipped before May 26, 1989 with one or more
approved flight recorders that utilize a digital method of recording and
storing data and a method of readily retrieving that data from the
storage medium. The following information must be able to be determined
within the ranges, accuracies, and recording intervals specified in
appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading; and
(6) Time of each radio transmission either to or from air traffic
control.
(c) Except as provided in paragraph (l) of this section, no person
may operate an airplane specified in paragraph (b) of this section
unless it is equipped, before May 26, 1995, with one or more approved
flight recorders that utilize a digital method of recording and storing
data and a method of readily retrieving that data from the storage
medium. The following information must be able to be determined within
the ranges, accuracies and recording intervals specified in appendix B
of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic
control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Control column or pitch control surface position; and
(11) Thrust of each engine.
(d) No person may operate an airplane specified in paragraph (b) of
this section that is manufactured after May 26, 1989, as well as
airplanes specified in paragraph (a) of this section that have been type
certificated after September 30, 1969, unless it is equipped with one or
more approved flight recorders that utlitize a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium. The following information must be able to be
determined within the ranges, accuracies, and recording intervals
specified in appendix B of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic
control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Pitch trim position;
(11) Control column or pitch control surface position;
(12) Control wheel or lateral control surface position;
(13) Rudder pedal or yaw control surface position;
(14) Thrust of each engine;
(15) Position of each thrust reverser;
(16) Trailing edge flap or cockpit flap control position; and
(17) Leading edge flap or cockpit flap control position.
For the purpose of this section, manufactured means the point in time at
which the airplane inspection acceptance records reflect that the
airplane is
[[Page 99]]
complete and meets the FAA-approved type design data.
(e) After October 11, 1991, no person may operate a large airplane
equipped with a digital data bus and ARINC 717 digital flight data
acquisition unit (DFDAU) or equivalent unless it is equipped with one or
more approved flight recorders that utilize a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium. Any parameters specified in appendix B of this
part that are available on the digital data bus must be recorded within
the ranges, accuracies, resolutions, and sampling intervals specified.
(f) After October 11, 1991, no person may operate an airplane
specified in paragraph (b) of this section that is manufactured after
October 11, 1991, nor an airplane specified in paragraph (a) of this
section that has been type certificated after September 30, 1969, and
manufactured after October 11, 1991, unless it is equipped with one or
more flight recorders that utilize a digital method of recording and
storing data and a method of readily retrieving that data from the
storage medium. The parameters specified in appendix B of this part must
be recorded within the ranges, accuracies, resolutions, and sampling
intervals specified.
(g) Whenever a flight recorder required by this section is
installed, it must be operated continuously from the instant the
airplane begins the takeoff roll until it has completed the landing roll
at an airport.
(h) Except as provided in paragraph (i) of this section, and except
for recorded data erased as authorized in this paragraph, each
certificate holder shall keep the recorded data prescribed in paragraph
(a), (b), (c), or (d) of this section, as appropriate, until the
airplane has been operated for at least 25 hours of the operating time
specified in Sec. 121.359(a). A total of 1 hour of recorded data may be
erased for the purpose of testing the flight recorder or the flight
recorder system. Any erasure made in accordance with this paragraph must
be of the oldest recorded data accumulated at the time of testing.
Except as provided in paragraph (i) of this section, no record need be
kept more than 60 days.
(i) In the event of an accident or occurrence that requires
immediate notification of the National Transportation Safety Board under
part 830 of its regulations and that results in termination of the
flight, the certificate holder shall remove the recording media from the
airplane and keep the recorded data required by paragraph (a), (b), (c),
or (d) of this section, as appropriate, for at least 60 days or for a
longer period upon the request of the Board or the Administrator.
(j) Each flight recorder required by this section must be installed
in accordance with the requirements of Sec. 25.1459 of this chapter in
effect on August 31, 1977. The correlation required by Sec. 25.1459(c)
of this chapter need be established only on one airplane of any group of
airplanes--
(1) That are of the same type;
(2) On which the model flight recorder and its installation are the
same; and
(3) On which there is no difference in the type design with respect
to the installation of those first pilot's instruments associated with
the flight recorder. The most recent instrument calibration, including
the recording medium from which this calibration is derived, and the
recorder correlation must be retained by the certificate holder.
(k) Each flight recorder required by this section that records the
data specified in paragraph (a), (b), (c), or (d) of this section, as
appropriate, must have an approved device to assist in locating that
recorder under water.
(l) No person may operate an airplane specified in paragraph (b) of
this section that meets the Stage 2 noise levels of part 36 of this
chapter and is subject to Sec. 91.801(c) of this chapter unless it is
equipped with one or more approved flight data recorders that utilize a
digital method of recording and storing data and a method of readily
retrieving that data from the storage medium. The information specified
in paragraphs (c)(1) through (c)(11) of this section must be able to be
determined within the ranges, accuracies and recording intervals
specified in appendix B of this part. In addition--
[[Page 100]]
(1) This flight data recorder must be installed at the next heavy
maintenance check after May 26, 1994, but no later than May 26, 1995. A
heavy maintenance check is considered to be any time an aircraft is
scheduled to be out of service for 4 or more days.
(2) By June 23, 1994, each carrier must submit to the FAA Flight
Standards Service, Air Transportation Division (AFS-200), documentation
listing those airplanes covered under this paragraph and evidence that
it has ordered a sufficient number of flight data recorders to meet the
May 26, 1995, compliance date for all aircraft on that list.
(3) After May 26, 1994, any aircraft that is modified to meet Stage
3 noise levels must have the flight data recorder described in paragraph
(c) of this section installed before operating under this part.
(m) After August 20, 2001, this section applies only to the airplane
models listed in Sec. 121.344(l)(2). All other airplanes must comply
with the requirements of Sec. 121.344, as applicable.
[Doc. No. 24418, 52 FR 9636, Mar. 25, 1987, as amended by Amdt. 121-197,
53 FR 26147, July 11, 1988; Amdt. 121-238, 59 FR 26900, May 24, 1994;
Amdt. 121-338, 73 FR 12565, Mar. 7, 2008]
Sec. 121.344 Digital flight data recorders for transport category airplanes.
(a) Except as provided in paragraph (l) of this section, no person
may operate under this part a turbine-engine-powered transport category
airplane unless it is equipped with one or more approved flight
recorders that use a digital method of recording and storing data and a
method of readily retrieving that data from the storage medium. The
operational parameters required to be recorded by digital flight data
recorders required by this section are as follows: The phrase ``when an
information source is installed'' following a parameter indicates that
recording of that parameter is not intended to require a change in
installed equipment:
(1) Time;
(2) Pressure altitude;
(3) Indicated airspeed;
(4) Heading--primary flight crew reference (if selectable, record
discrete, true or magnetic);
(5) Normal acceleration (Vertical);
(6) Pitch attitude;
(7) Roll attitude;
(8) Manual radio transmitter keying, or CVR/DFDR synchronization
reference;
(9) Thrust/power of each engine--primary flight crew reference;
(10) Autopilot engagement status;
(11) Longitudinal acceleration;
(12) Pitch control input;
(13) Lateral control input;
(14) Rudder pedal input;
(15) Primary pitch control surface position;
(16) Primary lateral control surface position;
(17) Primary yaw control surface position;
(18) Lateral acceleration;
(19) Pitch trim surface position or parameters of paragraph (a)(82)
of this section if currently recorded;
(20) Trailing edge flap or cockpit flap control selection (except
when parameters of paragraph (a)(85) of this section apply);
(21) Leading edge flap or cockpit flap control selection (except
when parameters of paragraph (a)(86) of this section apply);
(22) Each Thrust reverser position (or equivalent for propeller
airplane);
(23) Ground spoiler position or speed brake selection (except when
parameters of paragraph (a)(87) of this section apply);
(24) Outside or total air temperature;
(25) Automatic Flight Control System (AFCS) modes and engagement
status, including autothrottle;
(26) Radio altitude (when an information source is installed);
(27) Localizer deviation, MLS Azimuth;
(28) Glideslope deviation, MLS Elevation;
(29) Marker beacon passage;
(30) Master warning;
(31) Air/ground sensor (primary airplane system reference nose or
main gear);
(32) Angle of attack (when information source is installed);
(33) Hydraulic pressure low (each system);
(34) Ground speed (when an information source is installed);
(35) Ground proximity warning system;
[[Page 101]]
(36) Landing gear position or landing gear cockpit control
selection;
(37) Drift angle (when an information source is installed);
(38) Wind speed and direction (when an information source is
installed);
(39) Latitude and longitude (when an information source is
installed);
(40) Stick shaker/pusher (when an information source is installed);
(41) Windshear (when an information source is installed);
(42) Throttle/power lever position;
(43) Additional engine parameters (as designated in Appendix M of
this part);
(44) Traffic alert and collision avoidance system;
(45) DME 1 and 2 distances;
(46) Nav 1 and 2 selected frequency;
(47) Selected barometric setting (when an information source is
installed);
(48) Selected altitude (when an information source is installed);
(49) Selected speed (when an information source is installed);
(50) Selected mach (when an information source is installed);
(51) Selected vertical speed (when an information source is
installed);
(52) Selected heading (when an information source is installed);
(53) Selected flight path (when an information source is installed);
(54) Selected decision height (when an information source is
installed);
(55) EFIS display format;
(56) Multi-function/engine/alerts display format;
(57) Thrust command (when an information source is installed);
(58) Thrust target (when an information source is installed);
(59) Fuel quantity in CG trim tank (when an information source is
installed);
(60) Primary Navigation System Reference;
(61) Icing (when an information source is installed);
(62) Engine warning each engine vibration (when an information
source is installed);
(63) Engine warning each engine over temp. (when an information
source is installed);
(64) Engine warning each engine oil pressure low (when an
information source is installed);
(65) Engine warning each engine over speed (when an information
source is installed);
(66) Yaw trim surface position;
(67) Roll trim surface position;
(68) Brake pressure (selected system);
(69) Brake pedal application (left and right);
(70) Yaw or sideslip angle (when an information source is
installed);
(71) Engine bleed valve position (when an information source is
installed);
(72) De-icing or anti-icing system selection (when an information
source is installed);
(73) Computed center of gravity (when an information source is
installed);
(74) AC electrical bus status;
(75) DC electrical bus status;
(76) APU bleed valve position (when an information source is
installed);
(77) Hydraulic pressure (each system);
(78) Loss of cabin pressure;
(79) Computer failure;
(80) Heads-up display (when an information source is installed);
(81) Para-visual display (when an information source is installed);
(82) Cockpit trim control input position--pitch;
(83) Cockpit trim control input position--roll;
(84) Cockpit trim control input position--yaw;
(85) Trailing edge flap and cockpit flap control position;
(86) Leading edge flap and cockpit flap control position;
(87) Ground spoiler position and speed brake selection; and
(88) All cockpit flight control input forces (control wheel, control
column, rudder pedal).
(b) For all turbine-engine powered transport category airplanes
manufactured on or before October 11, 1991, by August 20, 2001.
(1) For airplanes not equipped as of July 16, 1996, with a flight
data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1)
through (a)(18) of this section must be recorded within the ranges and
accuracies specified in Appendix B of this part, and--
(i) For airplanes with more than two engines, the parameter
described in
[[Page 102]]
paragraph (a)(18) is not required unless sufficient capacity is
available on the existing recorder to record that parameter;
(ii) Parameters listed in paragraphs (a)(12) through (a)(17) each
may be recorded from a single source.
(2) For airplanes that were equipped as of July 16, 1996, with a
flight data acquisition unit (FDAU), the parameters listed in paragraphs
(a)(1) through (a)(22) of this section must be recorded within the
ranges, accuracies, and recording intervals specified in Appendix M of
this part. Parameters listed in paragraphs (a)(12) through (a)(17) each
may be recorded from a single source.
(3) The approved flight recorder required by this section must be
installed at the earliest time practicable, but no later than the next
heavy maintenance check after August 18, 1999 and no later than August
20, 2001. A heavy maintenance check is considered to be any time an
airplane is scheduled to be out of service for 4 or more days and is
scheduled to include access to major structural components.
(c) For all turbine-engine powered transport category airplanes
manufactured on or before October 11, 1991--
(1) That were equipped as of July 16, 1996, with one or more digital
data bus(es) and an ARINC 717 digital flight data acquisition unit
(DFDAU) or equivalent, the parameters specified in paragraphs (a)(1)
through (a)(22) of this section must be recorded within the ranges,
accuracies, resolutions, and sampling intervals specified in Appendix M
of this part by August 20, 2001. Parameters listed in paragraphs (a)(12)
through (a)(14) each may be recorded from a single source.
(2) Commensurate with the capacity of the recording system (DFDAU or
equivalent and the DFDR), all additional parameters for which
information sources are installed and which are connected to the
recording system must be recorded within the ranges, accuracies,
resolutions, and sampling intervals specified in Appendix M of this part
by August 20, 2001.
(3) That were subject to Sec. 121.343(e) of this part, all
conditions of Sec. 121.343(e) must continue to be met until compliance
with paragraph (c)(1) of this section is accomplished.
(d) For all turbine-engine-powered transport category airplanes that
were manufactured after October 11, 1991--
(1) The parameters listed in paragraph (a)(1) through (a)(34) of
this section must be recorded within the ranges, accuracies,
resolutions, and recording intervals specified in Appendix M of this
part by August 20, 2001. Parameters listed in paragraphs (a)(12) through
(a)(14) each may be recorded from a single source.
(2) Commensurate with the capacity of the recording system, all
additional parameters for which information sources are installed and
which are connected to the recording system must be recorded within the
ranges, accuracies, resolutions, and sampling intervals specified in
Appendix M of this part by August 20, 2001.
(e) For all turbine-engine-powered transport category airplanes that
are manufactured after August 18, 2000--
(1) The parameters listed in paragraph (a)(1) through (57) of this
section must be recorded within the ranges, accuracies, resolutions, and
recording intervals specified in Appendix M of this part.
(2) Commensurate with the capacity of the recording system, all
additional parameters for which information sources are installed and
which are connected to the recording system, must be recorded within the
ranges, accuracies, resolutions, and sampling intervals specified in
Appendix M of this part.
(f) For all turbine-engine-powered transport category airplanes that
are manufactured after August 19, 2002 the parameters listed in
paragraph (a)(1) through (a)(88) of this section must be recorded within
the ranges, accuracies, resolutions, and recording intervals specified
in Appendix M of this part.
(g) Whenever a flight data recorder required by this section is
installed, it must be operated continuously from the instant the
airplane begins its takeoff roll until it has completed its landing
roll.
(h) Except as provided in paragraph (i) of this section, and except
for recorded data erased as authorized in this paragraph, each
certificate holder
[[Page 103]]
shall keep the recorded data prescribed by this section, as appropriate,
until the airplane has been operated for at least 25 hours of the
operating time specified in Sec. 121.359(a) of this part. A total of 1
hour of recorded data may be erased for the purpose of testing the
flight recorder or the flight recorder system. Any erasure made in
accordance with this paragraph must be of the oldest recorded data
accumulated at the time of testing. Except as provided in paragraph (i)
of this section, no record need be kept more than 60 days.
(i) In the event of an accident or occurrence that requires
immediate notification of the National Transportation Safety Board under
49 CFR 830 of its regulations and that results in termination of the
flight, the certificate holder shall remove the recorder from the
airplane and keep the recorder data prescribed by this section, as
appropriate, for at least 60 days or for a longer period upon the
request of the Board or the Administrator.
(j) Each flight data recorder system required by this section must
be installed in accordance with the requirements of Sec. 25.1459 (a),
(b), (d), and (e) of this chapter. A correlation must be established
between the values recorded by the flight data recorder and the
corresponding values being measured. The correlation must contain a
sufficient number of correlation points to accurately establish the
conversion from the recorded values to engineering units or discrete
state over the full operating range of the parameter. Except for
airplanes having separate altitude and airspeed sensors that are an
integral part of the flight data recorder system, a single correlation
may be established for any group of airplanes--
(1) That are of the same type;
(2) On which the flight recorder system and its installation are the
same; and
(3) On which there is no difference in the type design with respect
to the installation of those sensors associated with the flight data
recorder system. Documentation sufficient to convert recorded data into
the engineering units and discrete values specified in the applicable
appendix must be maintained by the certificate holder.
(k) Each flight data recorder required by this section must have an
approved device to assist in locating that recorder under water.
(l) The following airplanes that were manufactured before August 18,
1997 need not comply with this section, but must continue to comply with
applicable paragraphs of Sec. 121.343 of this chapter, as appropriate:
(1) Airplanes that meet the State 2 noise levels of part 36 of this
chapter and are subject to Sec. 91.801(c) of this chapter, until
January 1, 2000. On and after January 1, 2000, any Stage 2 airplane
otherwise allowed to be operated under Part 91 of this chapter must
comply with the applicable flight data recorder requirements of this
section for that airplane.
(2) British Aerospace 1-11, General Dynamics Convair 580, General
Dynamics Convair 600, General Dynamics Convair 640, deHavilland Aircraft
Company Ltd. DHC-7, Fairchild Industries FH 227, Fokker F-27 (except
Mark 50), F-28 Mark 1000 and Mark 4000, Gulfstream Aerospace G-159,
Jetstream 4100 Series, Lockheed Aircraft Corporation Electra 10-A,
Lockheed Aircraft Corporation Electra 10-B, Lockheed Aircraft
Corporation Electra 10-E, Lockheed Aircraft Corporation Electra L-188,
Lockheed Martin Model 382 (L-100) Hercules, Maryland Air Industries,
Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited
SD3-30, Short Bros. Limited SD3-60.
(m) All aircraft subject to the requirements of this section that
are manufactured on or after April 7, 2010, must have a digital flight
data recorder installed that also--
(1) Meets the requirements of Sec. 25.1459(a)(3), (a)(7), and
(a)(8) of this chapter; and
(2) Retains the 25 hours of recorded information required in
paragraph (h) of this section using a recorder that meets the standards
of TSO-C124a, or later revision.
[Doc. No. 28109, 62 FR 38378, July 17, 1997; 62 FR 48135, Sept. 12,
1997, as amended by Amdt. 121-300, 68 FR 42936, July 18, 2003; 68 FR
50069, Aug. 20, 2003; Amdt. 121-338, 73 FR 12565, Mar. 7, 2008]
Effective Date Note: At 73 FR 73178, Dec. 2, 2008, Sec. 121.344 was
amended by removing the
[[Page 104]]
word ``and'' after paragraph (a)(87); by removing the period after
paragraph (a)(88) and adding a semicolon in its place; by adding new
paragraphs (a)(89), (90), and (91), (e)(3) and (n); and by revising
paragraph (f), effective Feb. 2, 2009. For the convenience of the user,
the added and revised text is set forth as follows:
Sec. 121.344 Digital flight data recorders for transport category
airplanes.
(a) * * *
(89) Yaw damper status;
(90) Yaw damper command; and
(91) Standby rudder valve status.
* * * * *
(e) * * *
(3) In addition to the requirements of paragraphs (e)(1) and (e)(2)
of this section, all Boeing 737 model airplanes must also comply with
the requirements of paragraph (n) of this section, as applicable.
(f) For all turbine-engine-powered transport category airplanes
manufactured after August 19, 2002--
(1) The parameters listed in paragraphs (a)(1) through (a)(88) of
this section must be recorded within the ranges, accuracies,
resolutions, and recording intervals specified in appendix M to this
part.
(2) In addition to the requirements of paragraphs (f)(1) of this
section, all Boeing 737 model airplanes must also comply with the
requirements of paragraph (n) of this section.
* * * * *
(n) In addition to all other applicable requirements of this
section, all Boeing 737 model airplanes manufactured after August 18,
2000 must record the parameters listed in paragraphs (a)(88) through
(a)(91) of this section within the ranges, accuracies, resolutions, and
recording intervals specified in Appendix M to this part. Compliance
with this paragraph is required no later than February 2, 2011.
Sec. 121.344a Digital flight data recorders for 10-19 seat airplanes.
(a) Except as provided in paragraph (f) of this section, no person
may operate under this part a turbine-engine-powered airplane having a
passenger seating configuration, excluding any required crewmember seat,
of 10 to 19 seats, that was brought onto the U.S. register after, or was
registered outside the United States and added to the operator's U.S.
operations specifications after, October 11, 1991, unless it is equipped
with one or more approved flight recorders that use a digital method of
recording and storing data and a method of readily retrieving that data
from the storage medium. On or before August 20, 2001, airplanes brought
onto the U.S. register after October 11, 1991, must comply with either
the requirements in this section or the applicable paragraphs in Sec.
135.152 of this chapter. In addition, by August 20, 2001.
(1) The parameters listed in Sec. Sec. 121.344(a)(1) through
121.344(a)(18) of this part must be recorded with the ranges,
accuracies, and resolutions specified in Appendix B of part 135 of this
chapter, except that--
(i) Either the parameter listed in Sec. 121.344 (a)(12) or (a)(15)
of this part must be recorded; either the parameters listed in Sec.
121.344(a)(13) or (a)(16) of this part must be recorded; and either the
parameter listed in Sec. 121.344(a)(14) or (a)(17) of this part must be
recorded.
(ii) For airplanes with more than two engines, the parameter
described in Sec. 121.344(a)(18) of this part must also be recorded if
sufficient capacity is available on the existing recorder to record that
parameter;
(iii) Parameters listed in Sec. Sec. 121.344(a)(12) through
121.344(a)(17) of this part each may be recorded from a single source;
(iv) Any parameter for which no value is contained in Appendix B of
part 135 of this chapter must be recorded within the ranges, accuracies,
and resolutions specified in Appendix M of this part.
(2) Commensurate with the capacity of the recording system (FDAU or
equivalent and the DFDR), the parameters listed in Sec. Sec.
121.344(a)(19) through 121.344(a)(22) of this part also must be recorded
within the ranges, accuracies, resolutions, and recording intervals
specified in Appendix B of part 135 of this chapter.
(3) The approved flight recorder required by this section must be
installed as soon as practicable, but no later than the next heavy
maintenance check or equivalent after August 18, 1999. A heavy
maintenance check is considered to be any time an airplane is scheduled
to be out of service for 4 more days and is scheduled to include access
to major structural components.
[[Page 105]]
(b) For a turbine-engine-powered airplanes having a passenger
seating configuration, excluding any required crewmember seat, of 10 to
19 seats, that are manufactured after August 18, 2000.
(1) The parameters listed in Sec. Sec. 121.344(a)(1) through
121.344(a)(57) of this part, must be recorded within the ranges,
accuracies, resolutions, and recording intervals specified in Appendix M
of this part.
(2) Commensurate with the capacity of the recording system, all
additional parameters listed in Sec. 121.344(a) of this part for which
information sources are installed and which are connected to the
recording system, must be recorded within the ranges, accuracies,
resolutions, and sampling intervals specified in Appendix M of this part
by August 20, 2001.
(c) For all turbine-engine-powered airplanes having a passenger
seating configuration, excluding any required crewmember seats, of 10 to
19 seats, that are manufactured after August 19, 2002, the parameters
listed in Sec. 121.344(a)(1) through (a)(88) of this part must be
recorded within the ranges, accuracies, resolutions, and recording
intervals specified in Appendix M of this part.
(d) Each flight data recorder system required by this section must
be installed in accordance with the requirements of Sec. 23.1459 (a),
(b), (d), and (e) of this chapter. A correlation must be established
between the values recorded by the flight data recorder and the
corresponding values being measured. The correlation must contain a
sufficient number of correlation points to accurately establish the
conversion from the recorded values to engineering units or discrete
state over the full operating range of the parameter. A single
correlation may be established for any group of airplanes--
(1) That are of the same type;
(2) On which the flight recorder system and its installation are the
same; and
(3) On which there is no difference in the type design with respect
to the installation of those sensors associated with the flight data
recorder system. Correlation documentation must be maintained by the
certificate holder.
(e) All airplanes subject to this section are also subject to the
requirements and exceptions stated in Sec. Sec. 121.344(g) through
121.344(k) of this part.
(f) For airplanes that were manufactured before August 18, 1997, the
following airplane types need not comply with this section, but must
continue to comply with applicable paragraphs of Sec. 135.152 of this
chapter, as appropriate: Beech Aircraft-99 Series, Beech Aircraft 1300,
Beech Aircraft 1900C, Construcciones Aeronauticas, S.A. (CASA) C-212,
deHavilland DHC-6, Dornier 228, HS-748, Embraer EMB 110, Jetstream 3101,
Jetstream 3201, Fairchild Aircraft SA-226, Fairchild Metro SA-227.
(g) All airplanes subject to the requirements of this section that
are manufactured on or after April 7, 2010, must have a digital flight
data recorder installed that also--
(1) Meets the requirements in Sec. 23.1459(a)(3), (a)(6), and
(a)(7) or Sec. 25.1459(a)(3), (a)(7), and (a)(8) of this chapter, as
applicable; and
(2) Retains the 25 hours of recorded information required in Sec.
121.344(g) using a recorder that meets the standards of TSO-C124a, or
later revision.
[Doc. No. 28109, 62 FR 38380, July 17, 1997; 62 FR 48135, Sept. 12,
1997; 62 FR 65202, Dec. 11, 1997, as amended by Amdt. 121-300, 68 FR
42936, July 18, 2003; Amdt. 121-338, 73 FR 12566, Mar. 7, 2008]
Sec. 121.345 Radio equipment.
(a) No person may operate an airplane unless it is equipped with
radio equipment required for the kind of operation being conducted.
(b) Where two independent (separate and complete) radio systems are
required by Sec. Sec. 121.347 and 121.349, each system must have an
independent antenna installation except that, where rigidly supported
nonwire antennas or other antenna installations of equivalent
reliability are used, only one antenna is required.
(c) ATC transponder equipment installed within the time periods
indicated below must meet the performance and environmental requirements
of the following TSO's:
(1) Through January 1, 1992: (i) Any class of TSO-C74b or any class
of TSO-
[[Page 106]]
C74c as appropriate, provided that the equipment was manufactured before
January 1, 1990; or
(ii) The appropriate class of TSO-C112 (Mode S).
(2) After January 1, 1992: The appropriate class of TSO-C112 (Mode
S). For purposes of paragraph (c) (2) of this section, ``installation''
does not include--
(i) Temporary installation of TSO-C74b or TSO-C74c substitute
equipment, as appropriate, during maintenance of the permanent
equipment;
(ii) Reinstallation of equipment after temporary removal for
maintenance; or
(iii) For fleet operations, installation of equipment in a fleet
aircraft after removal of the equipment for maintenance from another
aircraft in the same operator's fleet.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-101,
37 FR 28499, Dec. 27, 1972; Amdt. 121-190, 52 FR 3391, Feb. 3, 1987]
Sec. 121.347 Communication and navigation equipment for operations under VFR
over routes navigated by pilotage.
(a) No person may operate an airplane under VFR over routes that can
be navigated by pilotage unless the airplane is equipped with the radio
communication equipment necessary under normal operating conditions to
fulfill the following:
(1) Communicate with at least one appropriate station from any point
on the route;
(2) Communicate with appropriate air traffic control facilities from
any point within Class B, Class C, or Class D airspace, or within a
Class E surface area designated for an airport in which flights are
intended; and
(3) Receive meteorological information from any point en route by
either of two independent systems. One of the means provided to comply
with this subparagraph may be used to comply with paragraphs (a)(1) and
(2) of this section.
(b) No person may operate an airplane at night under VFR over routes
that can be navigated by pilotage unless that airplane is equipped
with--
(1) Radio communication equipment necessary under normal operating
conditions to fulfill the functions specified in paragraph (a) of this
section; and
(2) Navigation equipment suitable for the route to be flown.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-226,
56 FR 65663, Dec. 17, 1991; Amdt. 121-333, 72 FR 31681, June 7, 2007]
Sec. 121.349 Communication and navigation equipment for operations under VFR
over routes not navigated by pilotage or for operations under IFR or over the
top.
(a) Navigation equipment requirements--General. No person may
conduct operations under VFR over routes that cannot be navigated by
pilotage, or operations conducted under IFR or over the top, unless--
(1) The en route navigation aids necessary for navigating the
airplane along the route (e.g., ATS routes, arrival and departure
routes, and instrument approach procedures, including missed approach
procedures if a missed approach routing is specified in the procedure)
are available and suitable for use by the aircraft navigation systems
required by this section;
(2) The airplane used in those operations is equipped with at
least--
(i) Except as provided in paragraph (c) of this section, two
approved independent navigation systems suitable for navigating the
airplane along the route to be flown within the degree of accuracy
required for ATC;
(ii) One marker beacon receiver providing visual and aural signals;
and
(iii) One ILS receiver; and
(3) Any RNAV system used to meet the navigation equipment
requirements of this section is authorized in the certificate holder's
operations specifications.
(b) Communication equipment requirements. No person may operate an
airplane under VFR over routes that cannot be navigated by pilotage, and
no person may operate an airplane under IFR or over the top, unless the
airplane is equipped with--
(1) At least two independent communication systems necessary under
normal operating conditions to fulfill the functions specified in Sec.
121.347 (a); and
(2) At least one of the communication systems required by paragraph
[[Page 107]]
(b)(1) of this section must have two-way voice communication capability.
(c) Use of a single independent navigation system for operations
under VFR over routes that cannot be navigated by pilotage, or
operations conducted under IFR or over the top. Notwithstanding the
requirements of paragraph (a)(2)(i) of this section, the airplane may be
equipped with a single independent navigation system suitable for
navigating the airplane along the route to be flown within the degree of
accuracy required for ATC if:
(1) It can be shown that the airplane is equipped with at least one
other independent navigation system suitable, in the event of loss of
the navigation capability of the single independent navigation system
permitted by this paragraph at any point along the route, for proceeding
safely to a suitable airport and completing an instrument approach; and
(2) The airplane has sufficient fuel so that the flight may proceed
safely to a suitable airport by use of the remaining navigation system,
and complete an instrument approach and land.
(d) Use of VOR navigation equipment. If VOR navigation equipment is
used to comply with paragraph (a) or (c) of this section, no person may
operate an airplane unless it is equipped with at least one approved DME
or suitable RNAV system.
(e) Additional communication system equipment requirements for
operators subject to Sec. 121.2. In addition to the requirements in
paragraph (b) of this section, no person may operate an airplane having
a passenger seat configuration of 10 to 30 seats, excluding each
crewmember seat, and a maximum payload capacity of 7,500 pounds or less,
under IFR, over the top, or in extended over-water operations unless it
is equipped with at least--
(1) Two microphones; and
(2) Two headsets, or one headset and one speaker.
[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007]
Sec. 121.351 Communication and navigation equipment for extended over-water
operations and for certain other operations.
(a) Except as provided in paragraph (c) of this section, no person
may conduct an extended over-water operation unless the airplane is
equipped with at least two independent long-range navigation systems and
at least two independent long-range communication systems necessary
under normal operating conditions to fulfill the following functions--
(1) Communicate with at least one appropriate station from any point
on the route;
(2) Receive meteorological information from any point on the route
by either of two independent communication systems. One of the
communication systems used to comply with this paragraph may be used to
comply with paragraphs (a)(1) and (a)(3) of this section; and
(3) At least one of the communication systems must have two-way
voice communication capability.
(b) No certificate holder conducting a flag or supplemental
operation or a domestic operation within the State of Alaska may conduct
an operation without the equipment specified in paragraph (a) of this
section, if the Administrator finds that equipment to be necessary for
search and rescue operations because of the nature of the terrain to be
flown over.
(c) Notwithstanding the requirements of paragraph (a) of this
section, installation and use of a single LRNS and a single LRCS may be
authorized by the Administrator and approved in the certificate holder's
operations specifications for operations and routes in certain
geographic areas. The following are among the operational factors the
Administrator may consider in granting an authorization:
(1) The ability of the flightcrew to navigate the airplane along the
route within the degree of accuracy required for ATC,
(2) The length of the route being flown, and
[[Page 108]]
(3) The duration of the very high frequency communications gap.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-253,
61 FR 2611, Jan. 26, 1996; Amdt. 121-254, 61 FR 7191, Feb. 26, 1996;
Amdt. 121-333, 72 FR 31682, June 7, 2007]
Sec. 121.353 Emergency equipment for operations over uninhabited terrain
areas: Flag, supplemental, and certain domestic operations.
Unless the airplane has the following equipment, no person may
conduct a flag or supplemental operation or a domestic operation within
the States of Alaska or Hawaii over an uninhabited area or any other
area that (in its operations specifications) the Administrator specifies
required equipment for search and rescue in case of an emergency:
(a) Suitable pyrotechnic signaling devices.
(b) An approved survival type emergency locator transmitter.
Batteries used in this transmitter must be replaced (or recharged, if
the battery is rechargeable) when the transmitter has been in use for
more than 1 cumulative hour, or when 50 percent of their useful life (or
for rechargeable batteries, 50 percent of their useful life of charge)
has expired, as established by the transmitter manufacturer under its
approval. The new expiration date for replacing (or recharging) the
battery must be legibly marked on the outside of the transmitter. The
battery useful life (or useful life of charge) requirements of this
paragraph do not apply to batteries (such as water-activated batteries)
that are essentially unaffected during probable storage intervals.
(c) Enough survival kits, appropriately equipped for the route to be
flown for the number of occupants of the airplane.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-79,
36 FR 18724, Sept. 21, 1971; Amdt. 121-106, 38 FR 22378 Aug. 20, 1973;
Amdt. 121-158, 45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057,
June 21, 1994; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]
Sec. 121.354 Terrain awareness and warning system.
(a) Airplanes manufactured after March 29, 2002. No person may
operate a turbine-powered airplane unless that airplane is equipped with
an approved terrain awareness and warning system that meets the
requirements for Class A equipment in Technical Standard Order (TSO)-
C151. The airplane must also include an approved terrain situational
awareness display.
(b) Airplanes manufactured on or before March 29, 2002. No person
may operate a turbine-powered airplane after March 29, 2005, unless that
airplane is equipped with an approved terrain awareness and warning
system that meets the requirements for Class A equipment in Technical
Standard Order (TSO)-C151. The airplane must also include an approved
terrain situational awareness display.
(Approved by the Office of Management and Budget under control number
2120-0631)
(c) Airplane Flight Manual. The Airplane Flight Manual shall contain
appropriate procedures for--
(1) The use of the terrain awareness and warning system; and
(2) Proper flight crew reaction in response to the terrain awareness
and warning system audio and visual warnings.
[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]
Sec. 121.355 Equipment for operations on which specialized means of
navigation are used.
(a) No certificate holder may conduct an operation--
(1) Using Doppler Radar or an Inertial Navigation System outside the
48 contiguous States and the District of Columbia, unless such systems
have been approved in accordance with appendix G to this part; or
(2) Using Doppler Radar or an Inertial Navigation System within the
48 contiguous States and the District of Columbia, or any other
specialized means of navigation, unless it shows that an adequate
airborne system is provided for the specialized navigation authorized
for the particular operation.
(b) Notwithstanding paragraph (a) of this section, Doppler Radar and
Inertial Navigation Systems, and the training programs, maintenance
programs, relevant operations manual material, and minimum equipment
lists prepared
[[Page 109]]
in accordance therewith, approved before April 29, 1972, are not
required to be approved in accordance with that paragraph.
[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972]
Sec. 121.356 Collision avoidance system.
Effective January 1, 2005, any airplane you operate under this part
must be equipped and operated according to the following table:
Collision Avoidance Systems
------------------------------------------------------------------------
Then you must operate that
If you operate any-- airplane with--
------------------------------------------------------------------------
(a) Turbine-powered airplane of more (1) An appropriate class of
than 33,000 pounds maximum Mode S transponder that meets
certificated takeoff weight. Technical Standard Order (TSO)
C-112, or a later version, and
one of the following approved
units:
(i) TCAS II that meets TSO C-
119b (version 7.0), or takeoff
weight a later version.
(ii) TCAS II that meets TSO C-
119a (version 6.04A Enhanced)
that was installed in that
airplane before May 1, 2003.
If that TCAS II version 6.04A
Enhanced no longer can be
repaired to TSO C-119a
standards, it must be replaced
with a TCAS II that meets TSO
C-119b (version 7.0), or a
later version.
(iii) A collision avoidance
system equivalent to TSO C-
119b (version 7.0), or a later
version, capable of
coordinating with units that
meet TSO C-119a (version 6.04A
Enhanced), or a later version.
(b) Passenger or combination cargo/ (1) TCAS I that meets TSO C-
passenger (combi) airplane that has a 118, or a later version, or
passenger seat configuration of 10-30 (2) A collision avoidance
seats. system equivalent to has a TSO
C-118, or a later version, or
(3) A collision avoidance
system and Mode S transponder
that meet paragraph (a)(1) of
this section.
(c) Piston-powered airplane of more (1) TCAS I that meets TSO C-
than 33,000 pounds maximum 118, or a later version, or
certificated takeoff weight. (2) A collision avoidance
system equivalent to maximum
TSO C-118, or a later version,
or
(3) A collision avoidance
system and Mode S transponder
that meet paragraph (a)(1) of
this section.
------------------------------------------------------------------------
[Doc. No. FAA-2001-10910, 68 FR 15902, Apr. 1, 2003]
Sec. 121.357 Airborne weather radar equipment requirements.
(a) No person may operate any transport category airplane (except C-
46 type airplanes) or a nontransport category airplane certificated
after December 31, 1964, unless approved airborne weather radar
equipment has been installed in the airplane.
(b) [Reserved]
(c) Each person operating an airplane required to have approved
airborne weather radar equipment installed shall, when using it under
this part, operate it in accordance with the following:
(1) Dispatch. No person may dispatch an airplane (or begin the
flight of an airplane in the case of a certificate holder, that does not
use a dispatch system) under IFR or night VFR conditions when current
weather reports indicate that thunderstorms, or other potentially
hazardous weather conditions that can be detected with airborne weather
radar, may reasonably be expected along the route to be flown, unless
the airborne weather radar equipment is in satisfactory operating
condition.
(2) If the airborne weather radar becomes inoperative en route, the
airplane must be operated in accordance with the approved instructions
and procedures specified in the operations manual for such an event.
(d) This section does not apply to airplanes used solely within the
State of Hawaii or within the State of Alaska and that part of Canada
west of longitude 130 degrees W, between latitude 70 degrees N, and
latitude 53 degrees N, or during any training, test, or ferry flight.
(e) Notwithstanding any other provision of this chapter, an
alternate electrical power supply is not required for airborne weather
radar equipment.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-18,
31 FR 5825, Apr. 15, 1966; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976;
Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]
Sec. 121.358 Low-altitude windshear system equipment requirements.
(a) Airplanes manufactured after January 2, 1991. No person may
operate a turbine-powered airplane manufactured after January 2, 1991,
unless it is equipped with either an approved airborne windshear warning
and flight guidance system, an approved airborne detection and avoidance
system, or an approved combination of these systems.
[[Page 110]]
(b) Airplanes manufactured before January 3, 1991. Except as
provided in paragraph (c) of this section, after January 2, 1991, no
person may operate a turbine-powered airplane manufactured before
January 3, 1991 unless it meets one of the following requirements as
applicable.
(1) The makes/models/series listed below must be equipped with
either an approved airborne windshear warning and flight guidance
system, an approved airborne detection and avoidance system, or an
approved combination of these systems:
(i) A-300-600;
(ii) A-310--all series;
(iii) A-320--all series;
(iv) B-737-300, 400, and 500 series;
(v) B-747-400;
(vi) B-757--all series;
(vii) B-767--all series;
(viii) F-100--all series;
(ix) MD-11--all series; and
(x) MD-80 series equipped with an EFIS and Honeywell-970 digital
flight guidance computer.
(2) All other turbine-powered airplanes not listed above must be
equipped with as a minimum requirement, an approved airborne windshear
warning system. These airplanes may be equipped with an approved
airborne windshear detection and avoidance system, or an approved
combination of these systems.
(c) Extension of the compliance date. A certificate holder may
obtain an extension of the compliance date in paragraph (b) of this
section if it obtains FAA approval of a retrofit schedule. To obtain
approval of a retrofit schedule and show continued compliance with that
schedule, a certificate holder must do the following:
(1) Submit a request for approval of a retrofit schedule by June 1,
1990, to the Flight Standards Division Manager in the region of the
certificate holding district office.
(2) Show that all of the certificate holder's airplanes required to
be equipped in accordance with this section will be equipped by the
final compliance date established for TCAS II retrofit.
(3) Comply with its retrofit schedule and submit status reports
containing information acceptable to the Administrator. The initial
report must be submitted by January 2, 1991, and subsequent reports must
be submitted every six months thereafter until completion of the
schedule. The reports must be submitted to the certificate holder's
assigned Principal Avionics Inspector.
(d) Definitions. For the purposes of this section the following
definitions apply--
(1) Turbine-powered airplane includes, e.g., turbofan-, turbojet-,
propfan-, and ultra-high bypass fan-powered airplanes. The definition
specifically excludes turbopropeller-powered airplanes.
(2) An airplane is considered manufactured on the date the
inspection acceptance records reflect that the airplane is complete and
meets the FAA Approved Type Design data.
[Doc. No. 25954, 55 FR 13242, Apr. 9, 1990]
Sec. 121.359 Cockpit voice recorders.
(a) No certificate holder may operate a large turbine engine powered
airplane or a large pressurized airplane with four reciprocating engines
unless an approved cockpit voice recorder is installed in that airplane
and is operated continuously from the start of the use of the checklist
(before starting engines for the purpose of flight), to completion of
the final checklist at the termination of the flight.
(b) [Reserved]
(c) The cockpit voice recorder required by paragraph (a) of this
section must meet the following application standards:
(1) The requirements of part 25 of this chapter in affect on August
31, 1977.
(2) After September 1, 1980, each recorder container must--
(i) Be either bright orange or bright yellow;
(ii) Have reflective tape affixed to the external surface to
facilitate its location under water; and
(iii) Have an approved underwater locating device on or adjacent to
the container which is secured in such a manner that they are not likely
to be separated during crash impact, unless the cockpit voice recorder,
and the flight recorder required by Sec. 121.343, are installed
adjacent to each other in such a manner that they are not likely to be
separated during crash impact.
[[Page 111]]
(d) No person may operate a multiengine, turbine-powered airplane
having a passenger seat configuration of 10-19 seats unless it is
equipped with an approved cockpit voice recorder that:
(1) Is installed in compliance with Sec. 23.1457(a) (1) and (2),
(b), (c), (d), (e), (f), and (g); Sec. 25.1457(a) (1) and (2), (b),
(c), (d), (e), (f), and (g) of this chapter, as applicable; and
(2) Is operated continuously from the use of the checklist before
the flight to completion of the final checklist at the end of the
flight.
(e) No person may operate a multiengine, turbine-powered airplane
having a passenger seat configuration of 20 to 30 seats unless it is
equipped with an approved cockpit voice recorder that--
(1) Is installed in compliance with Sec. 23.1457 or Sec. 25.1457
of this chapter, as applicable; and
(2) Is operated continuously from the use of the checklist before
the flight to completion of the final checklist at the end of the
flight.
(f) In complying with this section, an approved cockpit voice
recorder having an erasure feature may be used, so that at any time
during the operation of the recorder, information recorded more than 30
minutes earlier may be erased or otherwise obliterated.
(g) For those aircraft equipped to record the uninterrupted audio
signals received by a boom or a mask microphone, the flight crewmembers
are required to use the boom microphone below 18,000 feet mean sea
level. No person may operate a large turbine engine powered airplane or
a large pressurized airplane with four reciprocating engines
manufactured after October 11, 1991, or on which a cockpit voice
recorder has been installed after October 11, 1991, unless it is
equipped to record the uninterrupted audio signal received by a boom or
mask microphone in accordance with Sec. 25.1457(c)(5) of this chapter.
(h) In the event of an accident or occurrence requiring immediate
notification of the National Transportation Safety Board under part 830
of its regulations, which results in the termination of the flight, the
certificate holder shall keep the recorded information for at least 60
days or, if requested by the Administrator or the Board, for a longer
period. Information obtained from the record is used to assist in
determining the cause of accidents or occurrences in connection with
investigations under part 830. The Administrator does not use the record
in any civil penalty or certificate action.
(i) By April 7, 2012, all turbine engine-powered airplanes subject
to this section that are manufactured before April 7, 2010, must have a
cockpit voice recorder installed that also--
(1) Meets the requirements of Sec. 23.1457(d)(6) or Sec.
25.1457(d)(6) of this chapter, as applicable;
(2) Retains at least the last 2 hours of recorded information using
a recorder that meets the standards of TSO-C123a, or later revision; and
(3) Is operated continuously from the use of the checklist before
the flight to completion of the final checklist at the end of the
flight.
(4) If transport category, meets the requirements in Sec.
25.1457(a)(3), (a)(4), and (a)(5) of this chapter.
(j) All turbine engine-powered airplanes subject to this section
that are manufactured on or after April 7, 2010, must have a cockpit
voice recorder installed that also--
(1) Meets the requirements of Sec. 23.1457 or Sec. 25.1457 of this
chapter, as applicable;
(2) Retains at least the last 2 hours of recorded information using
a recorder that meets the standards of TSO-C123a, or later revision; and
(3) Is operated continuously from the use of the checklist before
the flight to completion of the final checklist at the end of the
flight.
(k) All airplanes required by this part to have a cockpit voice
recorder and a flight data recorder, that install datalink communication
equipment on or after April 7, 2010, must record all datalink messages
as required by the certification rule applicable to the airplane.
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]
Editorial Note: For Federal Register citations affecting Sec.
121.359, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
[[Page 112]]
Sec. 121.360 Ground proximity warning-glide slope deviation alerting system.
(a) No person may operate a turbine-powered airplane unless it is
equipped with a ground proximity warning system that meets the
performance and environmental standards of TSO-C92 (available from the
FAA, 800 Independence Avenue SW., Washington, DC 20591) or incorporates
TSO-approved ground proximity warning equipment.
(b) For the ground proximity warning system required by this
section, the Airplane Flight Manual shall contain--
(1) Appropriate procedures for--
(i) The use of the equipment;
(ii) Proper flightcrew action with respect to the equipment;
(iii) Deactivation for planned abnormal and emergency conditions;
(iv) Inhibition of Mode 4 warnings based on flaps being in other
than the landing configuration if the system incorporates a Mode 4 flap
warning inhibition control; and
(2) An outline of all input sources that must be operating.
(c) No person may deactivate a ground proximity warning system
required by this section except in accordance with the procedures
contained in the Airplane Flight Manual.
(d) Whenever a ground proximity warning system required by this
section is deactivated, an entry shall be made in the airplane
maintenance record that includes the date and time of deactivation.
(e) No person may operate a turbine-powered airplane unless it is
equipped with a ground proximity warning/glide slope deviation alerting
system that meets the performance and environmental standards contained
in TSO-C92a or TSO-C92b or incorporates TSO-approved ground proximity
warning-glide slope deviation alerting equipment.
(f) No person may operate a turbojet powered airplane equipped with
a system required by paragraph (e) of this section, that incorporates
equipment that meets the performance and environmental standards of TSO-
C92b or is approved under that TSO, using other than Warning Envelopes 1
or 3 for Warning Modes 1 and 4.
(g) This section expires on March 29, 2005.
[Doc. No. 28154, 60 FR 65933, Dec. 20, 1995, as amended by Amdt. 121-
273, 65 FR 16755, Mar. 29, 2000]
Subpart L_Maintenance, Preventive Maintenance, and Alterations
Source: Docket No. 6258, 29 FR 19210, Dec. 31, 1964, unless
otherwise noted.
Sec. 121.361 Applicability.
(a) Except as provided by paragraph (b) of this section, this
subpart prescribes requirements for maintenance, preventive maintenance,
and alterations for all certificate holders.
(b) The Administrator may amend a certificate holder's operations
specifications to permit deviation from those provisions of this subpart
that would prevent the return to service and use of airframe components,
powerplants, appliances, and spare parts thereof because those items
have been maintained, altered, or inspected by persons employed outside
the United States who do not hold U.S. airman certificates. Each
certificate holder who uses parts under this deviation must provide for
surveillance of facilities and practices to assure that all work
performed on these parts is accomplished in accordance with the
certificate holder's manual.
[Doc. No. 8754, 33 FR 14406, Sept. 25, 1968]
Sec. 121.363 Responsibility for airworthiness.
(a) Each certificate holder is primarily responsible for--
(1) The airworthiness of its aircraft, including airframes, aircraft
engines, propellers, appliances, and parts thereof; and
(2) The performance of the maintenance, preventive maintenance, and
alteration of its aircraft, including airframes, aircraft engines,
propellers, appliances, emergency equipment, and parts thereof, in
accordance with its manual and the regulations of this chapter.
(b) A certificate holder may make arrangements with another person
for the performance of any maintenance,
[[Page 113]]
preventive maintenance, or alterations. However, this does not relieve
the certificate holder of the responsibility specified in paragraph (a)
of this section.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-106,
38 FR 22378, Aug. 20, 1973]
Sec. 121.365 Maintenance, preventive maintenance, and alteration
organization.
(a) Each certificate holder that performs any of its maintenance
(other than required inspections), preventive maintenance, or
alterations, and each person with whom it arranges for the performance
of that work must have an organization adequate to perform the work.
(b) Each certificate holder that performs any inspections required
by its manual in accordance with Sec. 121.369(b)(2) or (3) (in this
subpart referred to as required inspections) and each person with whom
it arranges for the performance of that work must have an organization
adequate to perform that work.
(c) Each person performing required inspections in addition to other
maintenance, preventive maintenance, or alterations, shall organize the
performance of those functions so as to separate the required inspection
functions from the other maintenance, preventive maintenance, and
alteration functions. The separation shall be below the level of
administrative control at which overall responsibility for the required
inspection functions and other maintenance, preventive maintenance, and
alteration functions are exercised.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-3,
30 FR 3639, Mar. 19, 1965]
Sec. 121.367 Maintenance, preventive maintenance, and alterations programs.
Each certificate holder shall have an inspection program and a
program covering other maintenance, preventive maintenance, and
alterations that ensures that--
(a) Maintenance, preventive maintenance, and alterations performed
by it, or by other persons, are performed in accordance with the
certificate holder's manual;
(b) Competent personnel and adequate facilities and equipment are
provided for the proper performance of maintenance, preventive
maintenance, and alterations; and
(c) Each aircraft released to service is airworthy and has been
properly maintained for operation under this part.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-100,
37 FR 28053, Dec. 20, 1972]
Sec. 121.368 [Reserved]
Sec. 121.369 Manual requirements.
(a) The certificate holder shall put in its manual a chart or
description of the certificate holder's organization required by Sec.
121.365 and a list of persons with whom it has arranged for the
performance of any of its required inspections, other maintenance,
preventive maintenance, or alterations, including a general description
of that work.
(b) The certificate holder's manual must contain the programs
required by Sec. 121.367 that must be followed in performing
maintenance, preventive maintenance, and alterations of that certificate
holder's airplanes, including airframes, aircraft engines, propellers,
appliances, emergency equipment, and parts thereof, and must include at
least the following:
(1) The method of performing routine and nonroutine maintenance
(other than required inspections), preventive maintenance, and
alterations.
(2) A designation of the items of maintenance and alteration that
must be inspected (required inspections), including at least those that
could result in a failure, malfunction, or defect endangering the safe
operation of the aircraft, if not performed properly or if improper
parts or materials are used.
(3) The method of performing required inspections and a designation
by occupational title of personnel authorized to perform each required
inspection.
(4) Procedures for the reinspection of work performed pursuant to
previous required inspection findings (buy-back procedures).
[[Page 114]]
(5) Procedures, standards, and limits necessary for required
inspections and acceptance or rejection of the items required to be
inspected and for periodic inspection and calibration of precision
tools, measuring devices, and test equipment.
(6) Procedures to ensure that all required inspections are
performed.
(7) Instructions to prevent any person who performs any item of work
from performing any required inspection of that work.
(8) Instructions and procedures to prevent any decision of an
inspector, regarding any required inspection from being countermanded by
persons other than supervisory personnel of the inspection unit, or a
person at that level of administrative control that has overall
responsibility for the management of both the required inspection
functions and the other maintenance, preventive maintenance, and
alterations functions.
(9) Procedures to ensure that required inspections, other
maintenance, preventive maintenance, and alterations that are not
completed as a result of shift changes or similar work interruptions are
properly completed before the aircraft is released to service.
(c) The certificate holder must set forth in its manual a suitable
system (which may include a coded system) that provides for preservation
and retrieval of information in a manner acceptable to the Administrator
and that provides--
(1) A description (or reference to data acceptable to the
Administrator) of the work performed;
(2) The name of the person performing the work if the work is
performed by a person outside the organization of the certificate
holder; and
(3) The name or other positive identification of the individual
approving the work.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-94,
37 FR 15983, Aug. 9, 1972; Amdt. 121-106, 38 FR 22378, Aug. 20, 1973]
Sec. Sec. 121.370-121.370a [Reserved]
Sec. 121.371 Required inspection personnel.
(a) No person may use any person to perform required inspections
unless the person performing the inspection is appropriately
certificated, properly trained, qualified, and authorized to do so.
(b) No person may allow any person to perform a required inspection
unless, at that time, the person performing that inspection is under the
supervision and control of an inspection unit.
(c) No person may perform a required inspection if he performed the
item of work required to be inspected.
(d) Each certificate holder shall maintain, or shall determine that
each person with whom it arranges to perform its required inspections
maintains, a current listing of persons who have been trained,
qualified, and authorized to conduct required inspections. The persons
must be identified by name, occupational title, and the inspections that
they are authorized to perform. The certificate holder (or person with
whom it arranges to perform its required inspections) shall give written
information to each person so authorized describing the extent of his
responsibilities, authorities, and inspectional limitations. The list
shall be made available for inspection by the Administrator upon
request.
Sec. 121.373 Continuing analysis and surveillance.
(a) Each certificate holder shall establish and maintain a system
for the continuing analysis and surveillance of the performance and
effectiveness of its inspection program and the program covering other
maintenance, preventive maintenance, and alterations and for the
correction of any deficiency in those programs, regardless of whether
those programs are carried out by the certificate holder or by another
person.
(b) Whenever the Administrator finds that either or both of the
programs described in paragraph (a) of this section does not contain
adequate procedures
[[Page 115]]
and standards to meet the requirements of this part, the certificate
holder shall, after notification by the Administrator, make any changes
in those programs that are necessary to meet those requirements.
(c) A certificate holder may petition the Administrator to
reconsider the notice to make a change in a program. The petition must
be filed with the FAA certificate-holding district office charged with
the overall inspection of the certificate holder's operations within 30
days after the certificate holder receives the notice. Except in the
case of an emergency requiring immediate action in the interest of
safety, the filing of the petition stays the notice pending a decision
by the Administrator.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-207,
54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]
Sec. 121.374 Continuous airworthiness maintenance program (CAMP) for two-
engine ETOPS.
In order to conduct an ETOPS flight using a two-engine airplane,
each certificate holder must develop and comply with the ETOPS
continuous airworthiness maintenance program, as authorized in the
certificate holder's operations specifications, for each airplane-engine
combination used in ETOPS. The certificate holder must develop this
ETOPS CAMP by supplementing the manufacturer's maintenance program or
the CAMP currently approved for the certificate holder. This ETOPS CAMP
must include the following elements:
(a) ETOPS maintenance document. The certificate holder must have an
ETOPS maintenance document for use by each person involved in ETOPS.
(1) The document must--
(i) List each ETOPS significant system,
(ii) Refer to or include all of the ETOPS maintenance elements in
this section,
(iii) Refer to or include all supportive programs and procedures,
(iv) Refer to or include all duties and responsibilities, and
(v) Clearly state where referenced material is located in the
certificate holder's document system.
(b) ETOPS pre-departure service check. Except as provided in
Appendix P of this part, the certificate holder must develop a pre-
departure check tailored to their specific operation.
(1) The certificate holder must complete a pre-departure service
check immediately before each ETOPS flight.
(2) At a minimum, this check must--
(i) Verify the condition of all ETOPS Significant Systems;
(ii) Verify the overall status of the airplane by reviewing
applicable maintenance records; and
(iii) Include an interior and exterior inspection to include a
determination of engine and APU oil levels and consumption rates.
(3) An appropriately trained maintenance person, who is ETOPS
qualified, must accomplish and certify by signature ETOPS specific
tasks. Before an ETOPS flight may commence, an ETOPS pre-departure
service check (PDSC) Signatory Person, who has been authorized by the
certificate holder, must certify by signature, that the ETOPS PDSC has
been completed.
(4) For the purposes of this paragraph (b) only, the following
definitions apply:
(i) ETOPS qualified person: A person is ETOPS qualified when that
person satisfactorily completes the operator's ETOPS training program
and is authorized by the certificate holder.
(ii) ETOPS PDSC Signatory Person: A person is an ETOPS PDSC
Signatory Person when that person is ETOPS qualified and that person:
(A) When certifying the completion of the ETOPS PDSC in the United
States:
(1) Works for an operator authorized to engage in part 121 operation
or works for a part 145 repair station; and
(2) Holds a U.S. Mechanic's Certificate with airframe and powerplant
ratings.
(B) When certifying the completion of the ETOPS PDSC outside of the
U.S. holds a certificate in accordance with Sec. 43.17(c)(1) of this
chapter; or
(C) When certifying the completion of the ETOPS PDSC outside the
U.S. holds the certificates needed or has the
[[Page 116]]
requisite experience or training to return aircraft to service on behalf
of an ETOPS maintenance entity.
(iii) ETOPS maintenance entity: An entity authorized to perform
ETOPS maintenance and complete ETOPS PDSC and that entity is:
(A) Certificated to engage in part 121 operations;
(B) Repair station certificated under part 145 of this chapter; or
(C) Entity authorized pursuant to Sec. 43.17(c)(2) of this chapter.
(c) Limitations on dual maintenance.(1) Except as specified in
paragraph (c)(2), the certificate holder may not perform scheduled or
unscheduled dual maintenance during the same maintenance visit on the
same or a substantially similar ETOPS Significant System listed in the
ETOPS maintenance document, if the improper maintenance could result in
the failure of an ETOPS Significant System.
(2) In the event dual maintenance as defined in paragraph (c)(1) of
this section cannot be avoided, the certificate holder may perform
maintenance provided:
(i) The maintenance action on each affected ETOPS Significant System
is performed by a different technician, or
(ii) The maintenance action on each affected ETOPS Significant
System is performed by the same technician under the direct supervision
of a second qualified individual; and
(iii) For either paragraph (c)(2)(i) or (ii) of this section, a
qualified individual conducts a ground verification test and any in-
flight verification test required under the program developed pursuant
to paragraph (d) of this section.
(d) Verification program. The certificate holder must develop and
maintain a program for the resolution of discrepancies that will ensure
the effectiveness of maintenance actions taken on ETOPS Significant
Systems. The verification program must identify potential problems and
verify satisfactory corrective action. The verification program must
include ground verification and in-flight verification policy and
procedures. The certificate holder must establish procedures to indicate
clearly who is going to initiate the verification action and what action
is necessary. The verification action may be performed on an ETOPS
revenue flight provided the verification action is documented as
satisfactorily completed upon reaching the ETOPS Entry Point.
(e) Task identification. The certificate holder must identify all
ETOPS-specific tasks. An appropriately trained mechanic who is ETOPS
qualified must accomplish and certify by signature that the ETOPS-
specific task has been completed.
(f) Centralized maintenance control procedures. The certificate
holder must develop and maintain procedures for centralized maintenance
control for ETOPS.
(g) Parts control program. The certificate holder must develop an
ETOPS parts control program to ensure the proper identification of parts
used to maintain the configuration of airplanes used in ETOPS.
(h) Reliability program. The certificate holder must have an ETOPS
reliability program. This program must be the certificate holder's
existing reliability program or its Continuing Analysis and Surveillance
System (CASS) supplemented for ETOPS. This program must be event-
oriented and include procedures to report the events listed below, as
follows:
(1) The certificate holder must report the following events within
96 hours of the occurrence to its certificate holding district office
(CHDO):
(i) IFSDs, except planned IFSDs performed for flight training.
(ii) Diversions and turnbacks for failures, malfunctions, or defects
associated with any airplane or engine system.
(iii) Uncommanded power or thrust changes or surges.
(iv) Inability to control the engine or obtain desired power or
thrust.
(v) Inadvertent fuel loss or unavailability, or uncorrectable fuel
imbalance in flight.
(vi) Failures, malfunctions or defects associated with ETOPS
Significant Systems.
(vii) Any event that would jeopardize the safe flight and landing of
the airplane on an ETOPS flight.
(2) The certificate holder must investigate the cause of each event
listed in
[[Page 117]]
paragraph (h)(1) of this section and submit findings and a description
of corrective action to its CHDO. The report must include the
information specified in Sec. 121.703(e). The corrective action must be
acceptable to its CHDO.
(i) Propulsion system monitoring. (1) If the IFSD rate (computed on
a 12-month rolling average) for an engine installed as part of an
airplane-engine combination exceeds the following values, the
certificate holder must do a comprehensive review of its operations to
identify any common cause effects and systemic errors. The IFSD rate
must be computed using all engines of that type in the certificate
holder's entire fleet of airplanes approved for ETOPS.
(i) A rate of 0.05 per 1,000 engine hours for ETOPS up to and
including 120 minutes.
(ii) A rate of 0.03 per 1,000 engine hours for ETOPS beyond 120-
minutes up to and including 207 minutes in the North Pacific Area of
Operation and up to and including 180 minutes elsewhere.
(iii) A rate of 0.02 per 1,000 engine hours for ETOPS beyond 207
minutes in the North Pacific Area of Operation and beyond 180 minutes
elsewhere.
(2) Within 30 days of exceeding the rates above, the certificate
holder must submit a report of investigation and any necessary
corrective action taken to its CHDO.
(j) Engine condition monitoring. (1) The certificate holder must
have an engine condition monitoring program to detect deterioration at
an early stage and to allow for corrective action before safe operation
is affected.
(2) This program must describe the parameters to be monitored, the
method of data collection, the method of analyzing data, and the process
for taking corrective action.
(3) The program must ensure that engine-limit margins are maintained
so that a prolonged engine-inoperative diversion may be conducted at
approved power levels and in all expected environmental conditions
without exceeding approved engine limits. This includes approved limits
for items such as rotor speeds and exhaust gas temperatures.
(k) Oil-consumption monitoring. The certificate holder must have an
engine oil consumption monitoring program to ensure that there is enough
oil to complete each ETOPS flight. APU oil consumption must be included
if an APU is required for ETOPS. The operator's oil consumption limit
may not exceed the manufacturer's recommendation. Monitoring must be
continuous and include oil added at each ETOPS departure point. The
program must compare the amount of oil added at each ETOPS departure
point with the running average consumption to identify sudden increases.
(l) APU in-flight start program. If the airplane type certificate
requires an APU but does not require the APU to run during the ETOPS
portion of the flight, the certificate holder must develop and maintain
a program acceptable to the FAA for cold soak in-flight start-and-run
reliability.
(m) Maintenance training. For each airplane-engine combination, the
certificate holder must develop a maintenance training program that
provides training adequate to support ETOPS. It must include ETOPS
specific training for all persons involved in ETOPS maintenance that
focuses on the special nature of ETOPS. This training must be in
addition to the operator's maintenance training program used to qualify
individuals to perform work on specific airplanes and engines.
(n) Configuration, maintenance, and procedures (CMP) document. If an
airplane-engine combination has a CMP document, the certificate holder
must use a system that ensures compliance with the applicable FAA-
approved document.
(o) Procedural changes. Each substantial change to the maintenance
or training procedures that were used to qualify the certificate holder
for ETOPS, must be submitted to the CHDO for review. The certificate
holder cannot implement a change until its CHDO notifies the certificate
holder that the review is complete.
[Doc. No. FAA-2002-6717, 72 FR 1880, Jan. 16, 2007, as amended by Amdt.
121-329, 72 FR 7348, Feb. 15, 2007; Amdt. 121-329, 72 FR 26541, May 10,
2007; Amdt 121-339, 73 FR 33881, June 16, 2008]
[[Page 118]]
Sec. 121.375 Maintenance and preventive maintenance training program.
Each certificate holder or person performing maintenance or
preventive maintenance functions for it shall have a training program to
ensure that each person (including inspection personnel) who determines
the adequacy of work done is fully informed about procedures and
techniques and new equipment in use and is competent to perform his
duties.
Sec. 121.377 Maintenance and preventive maintenance personnel duty time
limitations.
Within the United States, each certificate holder (or person
performing maintenance or preventive maintenance functions for it) shall
relieve each person performing maintenance or preventive maintenance
from duty for a period of at least 24 consecutive hours during any seven
consecutive days, or the equivalent thereof within any one calendar
month.
Sec. 121.378 Certificate requirements.
(a) Except for maintenance, preventive maintenance, alterations, and
required inspections performed by a certificated repair station that is
located outside the United States, each person who is directly in charge
of maintenance, preventive maintenance, or alterations, and each person
performing required inspections must hold an appropriate airman
certificate.
(b) For the purposes of this section, a person directly in charge is
each person assigned to a position in which he is responsible for the
work of a shop or station that performs maintenance, preventive
maintenance, alterations, or other functions affecting aircraft
airworthiness. A person who is directly in charge need not physically
observe and direct each worker constantly but must be available for
consultation and decision on matters requiring instruction or decision
from higher authority than that of the persons performing the work.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-21,
31 FR 10618, Aug. 9, 1966; Amdt. 121-286, 66 FR 41116, Aug. 6, 2001]
Sec. 121.379 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
(a) A certificate holder may perform, or it may make arrangements
with other persons to perform, maintenance, preventive maintenance, and
alterations as provided in its continuous airworthiness maintenance
program and its maintenance manual. In addition, a certificate holder
may perform these functions for another certificate holder as provided
in the continuous airworthiness maintenance program and maintenance
manual of the other certificate holder.
(b) A certificate holder may approve any aircraft, airframe,
aircraft engine, propeller, or appliance for return to service after
maintenance, preventive maintenance, or alterations that are performed
under paragraph (a) of this section. However, in the case of a major
repair or major alteration, the work must have been done in accordance
with technical data approved by the Administrator.
[Doc. No. 10289, 35 FR 16793, Oct. 30, 1970]
Sec. 121.380 Maintenance recording requirements.
(a) Each certificate holder shall keep (using the system specified
in the manual required in Sec. 121.369) the following records for the
periods specified in paragraph (c) of this section:
(1) All the records necessary to show that all requirements for the
issuance of an airworthiness release under Sec. 121.709 have been met.
(2) Records containing the following information:
(i) The total time in service of the airframe.
(ii) Except as provided in paragraph (b) of this section, the total
time in service of each engine and propeller.
(iii) The current status of life-limited parts of each airframe,
engine, propeller, and appliance.
(iv) The time since last overhaul of all items installed on the
aircraft which are required to be overhauled on a specified time basis.
[[Page 119]]
(v) The identification of the current inspection status of the
aircraft, including the times since the last inspections required by the
inspection program under which the aircraft and its appliances are
maintained.
(vi) The current status of applicable airworthiness directives,
including the date and methods of compliance, and, if the airworthiness
directive involves recurring action, the time and date when the next
action is required.
(vii) A list of current major alterations to each airframe, engine,
propeller, and appliance.
(b) A certificate holder need not record the total time in service
of an engine or propeller on a transport category cargo airplane, a
transport category airplane that has a passenger seat configuration of
more than 30 seats, or a nontransport category airplane type
certificated before January 1, 1958, until the following, whichever
occurs first:
(1) March 20, 1997; or
(2) The date of the first overhaul of the engine or propeller, as
applicable, after January 19, 1996.
(c) Each certificate holder shall retain the records required to be
kept by this section for the following periods:
(1) Except for the records of the last complete overhaul of each
airframe, engine, propeller, and appliance, the records specified in
paragraph (a)(1) of this section shall be retained until the work is
repeated or superseded by other work or for one year after the work is
performed.
(2) The records of the last complete overhaul of each airframe,
engine, propeller, and appliance shall be retained until the work is
superseded by work of equivalent scope and detail.
(3) The records specified in paragraph (a)(2) of this section shall
be retained and transferred with the aircraft at the time the aircraft
is sold.
(d) The certificate holder shall make all maintenance records
required to be kept by this section available for inspection by the
Administrator or any authorized representative of the National
Transportation Safety Board (NTSB).
[Doc. No. 10658, 37 FR 15983, Aug. 9, 1972, as amended by Amdt. 121-251,
60 FR 65933, Dec. 20, 1995; Amdt. 121-321, 71 FR 536, Jan. 4, 2006]
Sec. 121.380a Transfer of maintenance records.
Each certificate holder who sells a U.S. registered aircraft shall
transfer to the purchaser, at the time of sale, the following records of
that aircraft, in plain language form or in coded form at the election
of the purchaser, if the coded form provides for the preservation and
retrieval of information in a manner acceptable to the Administrator:
(a) The record specified in Sec. 121.380(a)(2).
(b) The records specified in Sec. 121.380(a)(1) which are not
included in the records covered by paragraph (a) of this section, except
that the purchaser may permit the seller to keep physical custody of
such records. However, custody of records in the seller does not relieve
the purchaser of his responsibility under Sec. 121.380(c) to make the
records available for inspection by the Administrator or any authorized
representative of the National Transportation Safety Board (NTSB).
[Doc. No. 10658, 37 FR 15984, Aug. 9, 1972]
Subpart M_Airman and Crewmember Requirements
Source: Docket No. 6258, 29 FR 19212, Dec. 31, 1964, unless
otherwise noted.
Sec. 121.381 Applicability.
This subpart prescribes airman and crewmember requirements for all
certificate holders.
Sec. 121.383 Airman: Limitations on use of services.
(a) No certificate holder may use any person as an airman nor may
any person serve as an airman unless that person--
(1) Holds an appropriate current airman certificate issued by the
FAA;
(2) Has any required appropriate current airman and medical
certificates in his possession while engaged in operations under this
part; and
(3) Is otherwise qualified for the operation for which he is to be
used.
(b) Each airman covered by paragraph (a)(2) of this section shall
present either or both certificates for
[[Page 120]]
inspection upon the request of the Administrator.
(c) No certificate holder may use the services of any person as a
pilot on an airplane engaged in operations under this part if that
person has reached his 60th birthday. No person may serve as a pilot on
an airplane engaged in operations under this part if that person has
reached his 60th birthday.
[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-144,
43 FR 22646, May 25, 1978]
Sec. 121.385 Composition of flight crew.
(a) No certificate holder may operate an airplane with less than the
minimum flight crew in the airworthiness certificate or the airplane
Flight Manual approved for that type airplane and required by this part
for the kind of operation being conducted.
(b) In any case in which this part requires the performance of two
or more functions for which an airman certificate is necessary, that
requirement is not satisfied by the performance of multiple functions at
the same time by one airman.
(c) The minimum pilot crew is two pilots and the certificate holder
shall designate one pilot as pilot in command and the other second in
command.
(d) On each flight requiring a flight engineer at least one flight
crewmember, other than the flight engineer, must be qualified to provide
emergency performance of the flight engineer's functions for the safe
completion of the flight if the flight engineer becomes ill or is
otherwise incapacitated. A pilot need not hold a flight engineer's
certificate to perform the flight engineer's functions in such a
situation.
[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-178,
47 FR 13316, Mar. 29, 1982; Amdt. 121-256, 61 FR 30434, June 14, 1996]
Sec. 121.387 Flight engineer.
No certificate holder may operate an airplane for which a type
certificate was issued before January 2, 1964, having a maximum
certificated takeoff weight of more than 80,000 pounds without a flight
crewmember holding a current flight engineer certificate. For each
airplane type certificated after January 1, 1964, the requirement for a
flight engineer is determined under the type certification requirements
of Sec. 25.1523.
[Doc. No. 5025, 30 FR 6067, Apr. 29, 1965]
Sec. 121.389 Flight navigator and specialized navigation equipment.
(a) No certificate holder may operate an airplane outside the 48
contiguous States and the District of Columbia, when its position cannot
be reliably fixed for a period of more than 1 hour, without--
(1) A flight crewmember who holds a current flight navigator
certificate; or
(2) Specialized means of navigation approved in accordance with
Sec. 121.355 which enables a reliable determination to be made of the
position of the airplane by each pilot seated at his duty station.
(b) Notwithstanding paragraph (a) of this section, the Administrator
may also require a flight navigator or special navigation equipment, or
both, when specialized means of navigation are necessary for 1 hour or
less. In making this determination, the Administrator considers--
(1) The speed of the airplane;
(2) Normal weather conditions en route;
(3) Extent of air traffic control;
(4) Traffic congestion;
(5) Area of navigational radio coverage at destination;
(6) Fuel requirements;
(7) Fuel available for return to point of departure or alternates;
(8) Predication of flight upon operation beyond the point of no
return; and
(9) Any other factors he determines are relevant in the interest of
safety.
(c) Operations where a flight navigator or special navigation
equipment, or both, are required are specified in the operations
specifications of the air carrier or commercial operator.
[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as amended by Amdt. 121-178,
47 FR 13316, Mar. 29, 1982]
[[Page 121]]
Sec. 121.391 Flight attendants.
(a) Each certificate holder shall provide at least the following
flight attendants on each passenger-carrying airplane used:
(1) For airplanes having a maximum payload capacity of more than
7,500 pounds and having a seating capacity of more than 9 but less than
51 passengers--one flight attendant.
(2) For airplanes having a maximum payload capacity of 7,500 pounds
or less and having a seating capacity of more than 19 but less than 51
passengers--one flight attendant.
(3) For airplanes having a seating capacity of more than 50 but less
than 101 passengers--two flight attendants.
(4) For airplanes having a seating capacity of more than 100
passengers--two flight attendants plus one additional flight attendant
for each unit (or part of a unit) of 50 passenger seats above a seating
capacity of 100 passengers.
(b) If, in conducting the emergency evacuation demonstration
required under Sec. 121.291 (a) or (b), the certificate holder used
more flight attendants than is required under paragraph (a) of this
section for the maximum seating capacity of the airplane used in the
demonstration, he may not, thereafter, take off that airplane--
(1) In its maximum seating capacity configuration with fewer flight
attendants than the number used during the emergency evacuation
demonstration; or
(2) In any reduced seating capacity configuration with fewer flight
attendants than the number required by paragraph (a) of this section for
that seating capacity plus the number of flight attendants used during
the emergency evacuation demonstration that were in excess of those
required under paragraph (a) of this section.
(c) The number of flight attendants approved under paragraphs (a)
and (b) of this section are set forth in the certificate holder's
operations specifications.
(d) During takeoff and landing, flight attendants required by this
section shall be located as near as practicable to required floor level
exists and shall be uniformly distributed throughout the airplane in
order to provide the most effective egress of passengers in event of an
emergency evacuation. During taxi, flight attendants required by this
section must remain at their duty stations with safety belts and
shoulder harnesses fastened except to perform duties related to the
safety of the airplane and its occupants.
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-30, 32
FR 13268, Sept. 20, 1967; Amdt. 121-46, 34 FR 5545, Mar. 22, 1969; Amdt.
121-84, 37 FR 3975, Feb. 24, 1972; Amdt. 121-88, 37 FR 5606, Mar. 17,
1972; Amdt. 121-159, 45 FR 41593, June 19, 1980; Amdt. 121-176, 46 FR
61454, Dec. 17, 1981; Amdt. 121-180, 47 FR 56463, Dec. 16, 1982; Amdt.
121-251, 60 FR 65933, Dec. 20, 1995]
Sec. 121.393 Crewmember requirements at stops where passengers remain on
board.
At stops where passengers remain on board, the certificate holder
must meet the following requirements:
(a) On each airplane for which a flight attendant is not required by
Sec. 121.391(a), the certificate holder must ensure that a person who
is qualified in the emergency evacuation procedures for the airplane, as
required in Sec. 121.417, and who is identified to the passengers,
remains:
(1) On board the airplane; or
(2) Nearby the airplane, in a position to adequately monitor
passenger safety, and:
(i) The airplane engines are shut down; and
(ii) At least one floor level exit remains open to provide for the
deplaning of passengers.
(b) On each airplane for which flight attendants are required by
Sec. 121.391(a), but the number of flight attendants remaining on board
is fewer than required by Sec. 121.391(a), the certificate holder must
meet the following requirements:
(1) The certificate holder shall ensure that:
(i) The airplane engines are shut down;
(ii) At least one floor level exit remains open to provide for the
deplaning of passengers; and
(iii) the number of flight attendants on board is at least half the
number required by Sec. 121.391(a), rounded down to the next lower
number in the case of fractions, but never fewer than one.
[[Page 122]]
(2) The certificate holder may substitute for the required flight
attendants other persons qualified in the emergency evacuation
procedures for that aircraft as required in Sec. 121.417, if these
persons are identified to the passengers.
(3) If only one flight attendant or other qualified person is on
board during a stop, that flight attendant or other qualified person
shall be located in accordance with the certificate holder's FAA-
approved operating procedures. If more than one flight attendant or
other qualified person is on board, the flight attendants or other
qualified persons shall be spaced throughout the cabin to provide the
most effective assistance for the evacuation in case of an emergency.
[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995]
Sec. 121.395 Aircraft dispatcher: Domestic and flag operations.
Each certificate holder conducting domestic or flag operations shall
provide enough qualified aircraft dispatchers at each dispatch center to
ensure proper operational control of each flight.
[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]
Sec. 121.397 Emergency and emergency evacuation duties.
(a) Each certificate holder shall, for each type and model of
airplane, assigned to each category of required crewmember, as
appropriate, the necessary functions to be performed in an emergency or
a situation requiring emergency evacuation. The certificate holder shall
show those functions are realistic, can be practically accomplished, and
will meet any reasonably anticipated emergency including the possible
incapacitation of individual crewmembers or their inability to reach the
passenger cabin because of shifting cargo in combination cargo-passenger
airplanes.
(b) The certificate holder shall describe in its manual the
functions of each category of required crewmembers under paragraph (a)
of this section.
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as amended by Amdt. 121-7, 30
FR 6727, May 18, 1965]
Subpart N_Training Program
Source: Doc. No. 9509, 35 FR 90, Jan. 3, 1970, unless otherwise
noted.
Sec. 121.400 Applicability and terms used.
(a) This subpart prescribes the requirements applicable to each
certificate holder for establishing and maintaining a training program
for crewmembers, aircraft dispatchers, and other operations personnel,
and for the approval and use of training devices in the conduct of the
program.
(b) For the purpose of this subpart, airplane groups are as follows:
(1) Group I. Propeller driven, including--
(i) Reciprocating powered; and
(ii) Turbopropeller powered.
(2) Group II. Turbojet powered.
(c) For the purpose of this subpart, the following terms and
definitions apply:
(1) Initial training. The training required for crewmembers and
dispatchers who have not qualified and served in the same capacity on
another airplane of the same group.
(2) Transition training. The training required for crewmembers and
dispatchers who have qualified and served in the same capacity on
another airplane of the same group.
(3) Upgrade training. The training required for crewmembers who have
qualified and served as second in command or flight engineer on a
particular airplane type, before they serve as pilot in command or
second in command, respectively, on that airplane.
(4) Differences training. The training required for crewmembers and
dispatchers who have qualified and served on a particular type airplane,
when the Administrator finds differences training is necessary before a
crewmember serves in the same capacity on a particular variation of that
airplane.
(5) Programmed hours. The hours of training prescribed in this
subpart which may be reduced by the Administrator upon a showing by the
certificate holder that circumstances justify a lesser amount.
(6) Inflight. Refers to maneuvers, procedures, or functions that
must be conducted in the airplane.
[[Page 123]]
(7) Training center. An organization governed by the applicable
requirements of part 142 of this chapter that provides training,
testing, and checking under contract or other arrangement to certificate
holders subject to the requirements of this part.
(8) Requalification training. The training required for crewmembers
previously trained and qualified, but who have become unqualified due to
not having met within the required period the recurrent training
requirements of Sec. 121.427 or the proficiency check requirements of
Sec. 121.441.
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970; 35 FR 2819, Feb. 11, 1970, as
amended by Amdt. 121-104, 38 FR 14915, June 7, 1973; Amdt. 121-259, 61
FR 34560, July 2, 1996]
Sec. 121.401 Training program: General.
(a) Each certificate holder shall:
(1) Establish and implement a training program that satisfies the
requirements of this subpart and appendices E and F of this part and
that ensures that each crewmember, aircraft dispatcher, flight
instructor and check airman is adequately trained to perform his or her
assigned duties. Prior to implementation, the certificate holder must
obtain initial and final FAA approval of the training program.
(2) Provide adequate ground and flight training facilities and
properly qualified ground instructors for the training required by this
subpart;
(3) Provide and keep current with respect to each airplane type and,
if applicable, the particular variations within that airplane type,
appropriate training material, examinations, forms, instructions, and
procedures for use in conducting the training and checks required by
this part; and
(4) Provide enough flight instructors, simulator instructors, and
approved check airmen to conduct required flight training and flight
checks, and simulator training courses permitted under this part.
(b) Whenever a crewmember or aircraft dispatcher who is required to
take recurrent training, a flight check, or a competence check, takes
the check or completes the training in the calendar month before or
after the calendar month in which that training or check is required, he
is considered to have taken or completed it in the calendar month in
which it was required.
(c) Each instructor, supervisor, or check airman who is responsible
for a particular ground training subject, segment of flight training,
course of training, flight check, or competence check under this part
shall certify as to the proficiency and knowledge of the crewmember,
aircraft dispatcher, flight instructor, or check airman concerned upon
completion of that training or check. That certification shall be made a
part of the crewmember's or dispatcher's record. When the certification
required by this paragraph is made by an entry in a computerized
recordkeeping system, the certifying instructor, supervisor, or check
airman must be identified with that entry. However, the signature of the
certifying instructor, supervisor, or check airman is not required for
computerized entries.
(d) Training subjects that are applicable to more than one airplane
or crewmember position and that have been satisfactorily completed in
connection with prior training for another airplane or another
crewmember position, need not be repeated during subsequent training
other than recurrent training.
(e) A person who progresses successfully through flight training, is
recommended by his instructor or a check airman, and successfully
completes the appropriate flight check for a check airman or the
Administrator, need not complete the programmed hours of flight training
for the particular airplane. However, whenever the Administrator finds
that 20 percent of the flight checks given at a particular training base
during the previous 6 months under this paragraph are unsuccessful, this
paragraph may not be used by the certificate holder at that base until
the Administrator finds that the effectiveness of the flight training
there has improved.
In the case of a certificate holder using a course of training permitted
in Sec. 121.409(c), the Administrator may require the programmed hours
of inflight training in whole or in part, until he finds the
effectiveness of the flight
[[Page 124]]
training has improved as provided in paragraph (e) of this section.
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-104, 38
FR 14915, June 7, 1973; Amdt. 121-108, 38 FR 35446, Dec. 28, 1973; Amdt.
121-143, 43 FR 22642, May 25, 1978; Amdt. 121-316, 70 FR 58823, Oct. 7,
2005]
Sec. 121.402 Training program: Special rules.
(a) Other than the certificate holder, only another certificate
holder certificated under this part or a flight training center
certificated under part 142 of this chapter is eligible under this
subpart to provide flight training, testing, and checking under contract
or other arrangement to those persons subject to the requirements of
this subpart.
(b) A certificate holder may contract with, or otherwise arrange to
use the services of, a training center certificated under part 142 of
this chapter to provide training, testing, and checking required by this
part only if the training center--
(1) Holds applicable training specifications issued under part 142
of this chapter;
(2) Has facilities, training equipment, and courseware meeting the
applicable requirements of part 142 of this chapter;
(3) Has approved curriculums, curriculum segments, and portions of
curriculum segments applicable for use in training courses required by
this subpart; and
(4) Has sufficient instructor and check airmen qualified under the
applicable requirements of Sec. Sec. 121.411 or 121.413 to provide
training, testing, and checking to persons subject to the requirements
of this subpart.
[Doc. No. 26933, 61 FR 34560, July 2, 1996, as amended by Amdt. 121-263,
62 FR 13791, Mar. 21, 1997]
Sec. 121.403 Training program: Curriculum.
(a) Each certificate holder must prepare and keep current a written
training program curriculum for each type of airplane with respect to
dispatchers and each crewmember required for that type airplane. The
curriculum must include ground and flight training required by this
subpart.
(b) Each training program curriculum must include:
(1) A list of principal ground training subjects, including
emergency training subjects, that are provided.
(2) A list of all the training devices mockups, systems trainers,
procedures trainers, or other training aids that the certificate holder
will use.
(3) Detailed descriptions or pictorial displays of the approved
normal, abnormal, and emergency maneuvers, procedures and functions that
will be performed during each flight training phase or flight check,
indicating those maneuvers, procedures and functions that are to be
performed during the inflight portions of flight training and flight
checks.
(4) A list of airplane simulators or other training devices approved
under Sec. 121.407, including approvals for particular maneuvers,
procedures, or functions.
(5) The programmed hours of training that will be applied to each
phase of training.
(6) A copy of each statement issued by the Administrator under Sec.
121.405(d) for reduction of programmed hours of training.
Sec. 121.404 Compliance dates: Crew and dispatcher resource management
training.
After March 19, 1998, no certificate holder may use a person as a
flight crewmember, and after March 19, 1999, no certificate holder may
use a person as a flight attendant or aircraft dispatcher unless that
person has completed approved crew resource management (CRM) or
dispatcher resource management (DRM) initial training, as applicable,
with that certificate holder or with another certificate holder.
[Doc. No. 28154, 61 FR 30435, June 14, 1996]
Sec. 121.405 Training program and revision: Initial and final approval.
(a) To obtain initial and final approval of a training program, or a
revision to an approved training program, each certificate holder must
submit to the Administrator--
(1) An outline of the proposed program or revision, including an
outline of the proposed or revised curriculum, that provides enough
information for a
[[Page 125]]
preliminary evaluation of the proposed training program or revised
training program; and
(2) Additional relevant information as may be requested by the
Administrator.
(b) If the proposed training program or revision complies with this
subpart the Administrator grants initial approval in writing after which
the certificate holder may conduct the training in accordance with that
program. The Administrator then evaluates the effectiveness of the
training program and advises the certificate holder of deficiencies, if
any, that must be corrected.
(c) The Administrator grants final approval of the training program
or revision if the certificate holder shows that the training conducted
under the initial approval set forth in paragraph (b) of this section
ensures that each person that successfully completes the training is
adequately trained to perform his assigned duties.
(d) In granting initial and final approval of training programs or
revisions, including reductions in programmed hours specified in this
subpart, the Administrator considers the training aids, devices,
methods, and procedures listed in the certificate holder's curriculum as
set forth in Sec. 121.403 that increase the quality and effectiveness
of the teaching-learning process.
If approval of reduced programmed hours of training is granted, the
Administrator provides the certificate holder with a statement of the
basis for the approval.
(e) Whenever the Administrator finds that revisions are necessary
for the continued adequacy of a training program that has been granted
final approval, the certificate holder shall, after notification by the
Administrator, make any changes in the program that are found necessary
by the Administrator. Within 30 days after the certificate holder
receives such notice, it may file a petition to reconsider the notice
with the certificate-holding district office. The filing of a petition
to reconsider stays the notice pending a decision by the Administrator.
However, if the Administrator finds that there is an emergency that
requires immediate action in the interest of safety in air
transportation, he may, upon a statement of the reasons, require a
change effective without stay.
(f) Each certificate holder described in Sec. 135.3 (b) and (c) of
this chapter must include the material required by Sec. 121.403 in the
manual required by Sec. 135.21 of this chapter.
(g) The Administrator may grant a deviation to certificate holders
described in Sec. 135.3 (b) and (c) of this chapter to allow reduced
programmed hours of ground training required by Sec. 121.419 if it is
found that a reduction is warranted based on the certificate holder's
operations and the complexity of the make, model, and series of the
aircraft used.
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-207, 54
FR 39293, Sept. 25, 1989; Amdt. 121-250, 60 FR 65948, Dec. 20, 1995;
Amdt. 121-253, 61 FR 2612, Jan. 26, 1996]
Sec. 121.406 Credit for previous CRM/DRM training.
(a) For flightcrew members, the Administrator may credit CRM
training received before March 19, 1998 toward all or part of the
initial ground CRM training required by Sec. 121.419.
(b) For flight attendants, the Administrator may credit CRM training
received before March 19, 1999 toward all or part of the initial ground
CRM training required by Sec. 121.421.
(c) For aircraft dispatchers, the Administrator may credit CRM
training received before March 19, 1999 toward all or part of the
initial ground CRM training required by Sec. 121.422.
(d) In granting credit for initial ground CRM or DRM training, the
Administrator considers training aids, devices, methods, and procedures
used by the certificate holder in a voluntary CRM or DRM program or in
an AQP program that effectively meets the quality of an approved CRM or
DRM initial ground training program under section 121.419, 121.421, or
121.422 as appropriate.
[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995]
[[Page 126]]
Sec. 121.407 Training program: Approval of airplane simulators and other
training devices.
(a) Each airplane simulator and other training device that is used
in a training course permitted under Sec. 121.409, in checks required
under subpart O of this part or as permitted in appendices E and F to
this part must:
(1) Be specifically approved for--
(i) The certificate holder;
(ii) The type airplane and, if applicable, the particular variation
within type, for which the training or check is being conducted; and
(iii) The particular maneuver, procedure, or crewmember function
involved.
(2) Maintain the performance, functional, and other characteristics
that are required for approval.
(3) Be modified to conform with any modification to the airplane
being simulated that results in changes to performance, functional, or
other characteristics required for approval.
(4) Be given a daily functional preflight check before being used.
(5) Have a daily discrepancy log kept with each discrepancy entered
in that log by the appropriate instructor or check airman at the end of
each training or check flight.
(b) A particular airplane simulator or other training device may be
approved for use by more than one certificate holder.
(c) An airplane simulator may be used instead of the airplane to
satisfy the in-flight requirements of Sec. Sec. 121.439 and 121.441 and
appendices E and F of this part, if the simulator--
(1) Is approved under this section and meets the appropriate
simulator requirements of appendix H of this part; and
(2) Is used as part of an approved program that meets the training
requirements of Sec. 121.424 (a) and (c) and appendix H of this part.
(d) An airplane simulator approved under this section must be used
instead of the airplane to satisfy the pilot flight training
requirements prescribed in the certificate holder's approved low-
altitude windshear flight training program set forth in Sec. 121.409(d)
of this part.
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-161, 45
FR 44183, June 30, 1980; Amdt. 121-199, 53 FR 37696, Sept. 27, 1988]
Sec. 121.409 Training courses using airplane simulators and other training
devices.
(a) Training courses utilizing airplane simulators and other
training devices may be included in the certificate holder's approved
training program for use as provided in this section.
(b) A course of training in an airplane simulator may be included
for use as provided in Sec. 121.441 if that course--
(1) Provides at least 4 hours of training at the pilot controls of
an airplane simulator as well as a proper briefing before and after the
training;
(2) Provides training in at least the procedures and maneuvers set
forth in appendix F to this part; or
(3) Provides line-oriented training that--
(i) Utilizes a complete flight crew;
(ii) Includes at least the maneuvers and procedures (abnormal and
emergency) that may be expected in line operations;
(iii) Is representative of the flight segment appropriate to the
operations being conducted by the certificate holder; and
(4) Is given by an instructor who meets the applicable requirements
of Sec. 121.412.
The satisfactory completion of the course of training must be certified
by either the Administrator or a qualified check airman.
(c) The programmed hours of flight training set forth in this
subpart do not apply if the training program for the airplane type
includes--
(1) A course of pilot training in an airplane simulator as provided
in Sec. 121.424(d); or
(2) A course of flight engineer training in an airplane simulator or
other training device as provided in Sec. 121.425(c).
(d) Each certificate holder required to comply with Sec. 121.358 of
this part must use an approved simulator for each airplane type in each
of its pilot
[[Page 127]]
training courses that provides training in at least the procedures and
maneuvers set forth in the certificate holder's approved low-altitude
windshear flight training program. The approved low-altitude windshear
flight training, if applicable, must be included in each of the pilot
flight training courses prescribed in Sec. Sec. 121.409(b), 121.418,
121.424, and 121.427 of this part.
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as amended by Amdt. 121-130, 41
FR 47229, Oct. 28, 1976; Amdt. 121-144, 43 FR 22646, May 25, 1978; Amdt.
121-199, 53 FR 37696, Sept. 27, 1988; Amdt. 121-264, 62 FR 23120, Apr.
28, 1997]