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Title 14

Aeronautics and Space


Parts 110 to 199

Revised as of January 1, 2021

Containing a codification of documents


of general applicability and future effect

As of January 1, 2021

Published by the Office of the Federal Register


National Archives and Records Administration
as a Special Edition of the Federal Register
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U.S. GOVERNMENT OFFICIAL EDITION NOTICE

Legal Status and Use of Seals and Logos


The seal of the National Archives and Records Administration
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the official codification of Federal regulations established under
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contents of the CFR, a special edition of the Federal Register, shall
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It is prohibited to use NARA’s official seal and the stylized Code
of Federal Regulations logo on any republication of this material
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Use of ISBN Prefix


This is the Official U.S. Government edition of this publication
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tions only. The Superintendent of Documents of the U.S. Govern-
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U.S. GOVERNMENT PUBLISHING OFFICE


e:\seals\archives.ai</GPH> e:\seals\gpologo2.eps</GPH>

U.S. Superintendent of Documents • Washington, DC 20402–0001


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http://bookstore.gpo.gov
Phone: toll-free (866) 512-1800; DC area (202) 512-1800

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Table of Contents
Page
Explanation ................................................................................................ v

Title 14:

Chapter I—Federal Aviation Administration, Department of


Transportation (Continued) ......................................................... 3

Finding Aids:

Table of CFR Titles and Chapters ....................................................... 909

Alphabetical List of Agencies Appearing in the CFR ......................... 929

List of CFR Sections Affected ............................................................. 939


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Cite this Code: CFR

To cite the regulations in


this volume use title,
part and section num-
ber. Thus, 14 CFR 110.1
refers to title 14, part
110, section 1.
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Explanation
The Code of Federal Regulations is a codification of the general and permanent
rules published in the Federal Register by the Executive departments and agen-
cies of the Federal Government. The Code is divided into 50 titles which represent
broad areas subject to Federal regulation. Each title is divided into chapters
which usually bear the name of the issuing agency. Each chapter is further sub-
divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
Title 17 through Title 27 .................................................................as of April 1
Title 28 through Title 41 ..................................................................as of July 1
Title 42 through Title 50 .............................................................as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially noticed (44
U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text
of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual issues
of the Federal Register. These two publications must be used together to deter-
mine the latest version of any given rule.
To determine whether a Code volume has been amended since its revision date
(in this case, January 1, 2021), consult the ‘‘List of CFR Sections Affected (LSA),’’
which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which
appears in the Reader Aids section of the daily Federal Register. These two lists
will identify the Federal Register page number of the latest amendment of any
given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal Reg-
ister since the last revision of that volume of the Code. Source citations for
the regulations are referred to by volume number and page number of the Federal
Register and date of publication. Publication dates and effective dates are usu-
ally not the same and care must be exercised by the user in determining the
actual effective date. In instances where the effective date is beyond the cut-
off date for the Code a note has been inserted to reflect the future effective
date. In those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be inserted following
the text.
OMB CONTROL NUMBERS
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The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies
to display an OMB control number with their information collection request.

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Many agencies have begun publishing numerous OMB control numbers as amend-
ments to existing regulations in the CFR. These OMB numbers are placed as
close as possible to the applicable recordkeeping or reporting requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of the revision
date stated on the cover of each volume are not carried. Code users may find
the text of provisions in effect on any given date in the past by using the appro-
priate List of CFR Sections Affected (LSA). For the convenience of the reader,
a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume.
For changes to the Code prior to the LSA listings at the end of the volume,
consult previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published for 1949-
1963, 1964-1972, 1973-1985, and 1986-2000.
‘‘[RESERVED]’’ TERMINOLOGY
The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal
Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ loca-
tion at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that
a portion of the CFR was left vacant and not dropped in error.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was established
by statute and allows Federal agencies to meet the requirement to publish regu-
lations in the Federal Register by referring to materials already published else-
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rial is treated as if it were published in full in the Federal Register (5 U.S.C.
552(a)). This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the Federal Register
will approve an incorporation by reference only when the requirements of 1 CFR
part 51 are met. Some of the elements on which approval is based are:
(a) The incorporation will substantially reduce the volume of material pub-
lished in the Federal Register.
(b) The matter incorporated is in fact available to the extent necessary to
afford fairness and uniformity in the administrative process.
(c) The incorporating document is drafted and submitted for publication in
accordance with 1 CFR part 51.
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that incorporation. If, after contacting the agency, you find the material is not
available, please notify the Director of the Federal Register, National Archives
and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or
call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a separate
volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.
This volume contains the Parallel Table of Authorities and Rules. A list of CFR
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titles, chapters, subchapters, and parts and an alphabetical list of agencies pub-
lishing in the CFR are also included in this volume.
An index to the text of ‘‘Title 3—The President’’ is carried within that volume.

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The Federal Register Index is issued monthly in cumulative form. This index
is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg-
ister.
A List of CFR Sections Affected (LSA) is published monthly, keyed to the
revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing in the
Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this volume,
contact the issuing agency. The issuing agency’s name appears at the top of
odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202–741–6000 or write
to the Director, Office of the Federal Register, National Archives and Records
Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail
fedreg.info@nara.gov.
SALES
The Government Publishing Office (GPO) processes all sales and distribution
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202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours
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ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of CFR Sections
Affected), The United States Government Manual, the Federal Register, Public
Laws, Public Papers of the Presidents of the United States, Compilation of Presi-
dential Documents and the Privacy Act Compilation are available in electronic
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Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-
512-1800 (toll-free). E-mail, ContactCenter@gpo.gov.
The Office of the Federal Register also offers a free service on the National
Archives and Records Administration’s (NARA) website for public law numbers,
Federal Register finding aids, and related information. Connect to NARA’s
website at www.archives.gov/federal-register.
The e-CFR is a regularly updated, unofficial editorial compilation of CFR ma-
terial and Federal Register amendments, produced by the Office of the Federal
Register and the Government Publishing Office. It is available at www.ecfr.gov.

OLIVER A. POTTS,
Director,
Office of the Federal Register
January 1, 2021
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THIS TITLE

Title 14—AERONAUTICS AND SPACE is composed of five volumes. The parts in


these volumes are arranged in the following order: Parts 1–59, 60–109, 110–199, 200–
1199, and part 1200–End. The first three volumes containing parts 1–199 are com-
prised of chapter I—Federal Aviation Administration, Department of Transpor-
tation (DOT). The fourth volume containing parts 200–1199 is comprised of chapter
II—Office of the Secretary, DOT (Aviation Proceedings) and chapter III—Com-
mercial Space Transportation, Federal Aviation Administration, DOT. The fifth
volume containing part 1200–End is comprised of chapter V—National Aero-
nautics and Space Administration and chapter VI—Air Transportation System
Stabilization. The contents of these volumes represent all current regulations
codified under this title of the CFR as of January 1, 2021.

For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum Martinez,
assisted by Stephen J. Frattini.
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Title 14—Aeronautics
and Space
(This book contains parts 110 to 199)

Part

CHAPTER I—Federal Aviation Administration, Department


of Transportation (Continued) ........................................... 110
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CHAPTER I—FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION (CONTINUED)

SUBCHAPTER G—AIR CARRIERS AND OPERATORS FOR COMPENSATION


OR HIRE: CERTIFICATION AND OPERATIONS

Part Page
110 General requirements .............................................. 5
111–116 [Reserved]
117 Flight and duty limitations and rest requirements:
flightcrew members .............................................. 8
118 [Reserved]
119 Certification: Air carriers and commercial opera-
tors ....................................................................... 16
120 Drug and alcohol testing program .......................... 34
121 Operating requirements: Domestic, flag, and sup-
plemental operations ........................................... 61
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 ................................................................. 311
129 Operations: Foreign air carriers and foreign opera-
tors of U.S.-registered aircraft engaged in com-
mon carriage ........................................................ 379
133 Rotorcraft external-load operations ....................... 397
135 Operating requirements: Commuter and on demand
operations and rules governing persons on board
such aircraft ......................................................... 404
136 Commercial air tours and National Parks air tour
management ......................................................... 540
137 Agricultural aircraft operations ............................. 548
139 Certification of airports .......................................... 555
SUBCHAPTER H—SCHOOLS AND OTHER CERTIFICATED AGENCIES
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140 [Reserved]
141 Pilot schools ............................................................ 577
3

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14 CFR Ch. I (1–1–21 Edition)

Part Page
142 Training centers ...................................................... 626
143 [Reserved]
145 Repair stations ........................................................ 638
147 Aviation maintenance technician schools .............. 652
SUBCHAPTER I—AIRPORTS

150 Airport noise compatibility planning ..................... 662


151 Federal aid to airports ............................................ 676
152 Airport aid program ................................................ 713
153 Airport operations ................................................... 748
155 Release of airport property from surplus property
disposal restrictions ............................................. 749
156 State block grant pilot program ............................. 752
157 Notice of construction, alteration, activation, and
deactivation of airports ....................................... 754
158 Passenger facility charges (PFC’s) .......................... 756
161 Notice and approval of airport noise and access re-
strictions .............................................................. 781
169 Expenditure of Federal funds for nonmilitary air-
ports or air navigation facilities thereon ............. 801
SUBCHAPTER J—NAVIGATIONAL FACILITIES

170 Establishment and discontinuance criteria for air


traffic control services and navigational facili-
ties ....................................................................... 803
171 Non-Federal navigation facilities ........................... 805
SUBCHAPTER K—ADMINISTRATIVE REGULATIONS

183 Representatives of the Administrator ..................... 885


185 Testimony by employees and production of records
in legal proceedings, and service of legal process
and pleadings ........................................................ 892
187 Fees ......................................................................... 893
189 Use of Federal Aviation Administration commu-
nications system .................................................. 898
193 Protection of voluntarily submitted information ... 899
SUBCHAPTERS L–M [RESERVED]

SUBCHAPTER N—WAR RISK INSURANCE

198 Aviation insurance .................................................. 904


199 [Reserved]
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SUBCHAPTER G—AIR CARRIERS AND OPERATORS FOR
COMPENSATION OR HIRE: CERTIFICATION AND OPER-
ATIONS

PART 110—GENERAL poor visibility of the surface below the


REQUIREMENTS route of the flight; and
(8) Any other factors that the FAA
Sec. considers appropriate.
110.1 Applicability. Commuter operation means any sched-
110.2 Definitions. uled operation conducted by any per-
AUTHORITY: 49 U.S.C. 106(g), 1153, 40101, son operating one of the following
40102, 40103, 40113, 44105, 44106, 44111, 44701– types of aircraft with a frequency of
44717, 44722, 44901, 44903, 44904, 44906, 44912, operations of at least five round trips
44914, 44936, 44938, 46103, 46105. per week on at least one route between
SOURCE: Docket No. FAA–2009–0140, 76 FR two or more points according to the
7486, Feb. 10, 2011, unless otherwise noted. published flight schedules:
(1) Airplanes, other than turbojet-
§ 110.1 Applicability. powered airplanes, having a maximum
This part governs all operations con- passenger-seat configuration of 9 seats
ducted under subchapter G of this or less, excluding each crewmember
chapter. seat, and a maximum payload capacity
of 7,500 pounds or less; or
§ 110.2 Definitions. (2) Rotorcraft.
For the purpose of this subchapter, Direct air carrier means a person who
the term— provides or offers to provide air trans-
All-cargo operation means any oper- portation and who has control over the
ation for compensation or hire that is operational functions performed in pro-
other than a passenger-carrying oper- viding that transportation.
ation or, if passengers are carried, they DOD commercial air carrier evaluator
are only those specified in § 121.583(a) or means a qualified Air Mobility Com-
§ 135.85 of this chapter. mand, Survey and Analysis Office
Commercial air tour means a flight cockpit evaluator performing the du-
conducted for compensation or hire in ties specified in Public Law 99–661 when
an airplane or helicopter where a pur- the evaluator is flying on an air carrier
pose of the flight is sightseeing. The that is contracted or pursuing a con-
FAA may consider the following fac- tract with the U.S. Department of De-
tors in determining whether a flight is fense (DOD).
a commercial air tour: Domestic operation means any sched-
(1) Whether there was a holding out uled operation conducted by any per-
to the public of willingness to conduct son operating any airplane described in
a sightseeing flight for compensation paragraph (1) of this definition at loca-
or hire; tions described in paragraph (2) of this
(2) Whether the person offering the definition:
flight provided a narrative that re-
(1) Airplanes:
ferred to areas or points of interest on
the surface below the route of the (i) Turbojet-powered airplanes;
flight; (ii) Airplanes having a passenger-seat
(3) The area of operation; configuration of more than 9 passenger
(4) How often the person offering the seats, excluding each crewmember
flight conducts such flights; seat; or
(5) The route of flight; (iii) Airplanes having a payload ca-
(6) The inclusion of sightseeing pacity of more than 7,500 pounds.
flights as part of any travel arrange- (2) Locations:
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ment package; (i) Between any points within the 48


(7) Whether the flight in question contiguous States of the United States
would have been canceled based on or the District of Columbia; or

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§ 110.2 14 CFR Ch. I (1–1–21 Edition)

(ii) Operations solely within the 48 weight of an aircraft to meet the max-
contiguous States of the United States imum payload capacity.
or the District of Columbia; or Kind of operation means one of the
(iii) Operations entirely within any various operations a certificate holder
State, territory, or possession of the is authorized to conduct, as specified in
United States; or its operations specifications, i.e., do-
(iv) When specifically authorized by mestic, flag, supplemental, commuter,
the Administrator, operations between or on-demand operations.
any point within the 48 contiguous Maximum payload capacity means:
States of the United States or the Dis- (1) For an aircraft for which a max-
trict of Columbia and any specifically imum zero fuel weight is prescribed in
authorized point located outside the 48 FAA technical specifications, the max-
contiguous States of the United States imum zero fuel weight, less empty
or the District of Columbia. weight, less all justifiable aircraft
Empty weight means the weight of the equipment, and less the operating load
airframe, engines, propellers, rotors, (consisting of minimum flightcrew,
and fixed equipment. Empty weight ex- foods and beverages, and supplies and
cludes the weight of the crew and pay- equipment related to foods and bev-
load, but includes the weight of all erages, but not including disposable
fixed ballast, unusable fuel supply, un- fuel or oil).
drainable oil, total quantity of engine (2) For all other aircraft, the max-
coolant, and total quantity of hydrau- imum certificated takeoff weight of an
lic fluid. aircraft, less the empty weight, less all
Flag operation means any scheduled justifiable aircraft equipment, and less
operation conducted by any person op- the operating load (consisting of min-
erating any airplane described in para- imum fuel load, oil, and flightcrew).
graph (1) of this definition at the loca- The allowance for the weight of the
tions described in paragraph (2) of this crew, oil, and fuel is as follows:
definition: (i) Crew—for each crewmember re-
(1) Airplanes: quired by the Federal Aviation Regula-
(i) Turbojet-powered airplanes; tions—
(ii) Airplanes having a passenger-seat
(A) For male flightcrew members—
configuration of more than 9 passenger
180 pounds.
seats, excluding each crewmember
(B) For female flightcrew members—
seat; or
140 pounds.
(iii) Airplanes having a payload ca-
pacity of more than 7,500 pounds. (C) For male flight attendants—180
(2) Locations: pounds.
(i) Between any point within the (D) For female flight attendants—130
State of Alaska or the State of Hawaii pounds.
or any territory or possession of the (E) For flight attendants not identi-
United States and any point outside fied by gender—140 pounds.
the State of Alaska or the State of Ha- (ii) Oil—350 pounds or the oil capac-
waii or any territory or possession of ity as specified on the Type Certificate
the United States, respectively; or Data Sheet.
(ii) Between any point within the 48 (iii) Fuel—the minimum weight of
contiguous States of the United States fuel required by the applicable Federal
or the District of Columbia and any Aviation Regulations for a flight be-
point outside the 48 contiguous States tween domestic points 174 nautical
of the United States and the District of miles apart under VFR weather condi-
Columbia. tions that does not involve extended
(iii) Between any point outside the overwater operations.
U.S. and another point outside the U.S. Maximum zero fuel weight means the
Justifiable aircraft equipment means maximum permissible weight of an air-
any equipment necessary for the oper- craft with no disposable fuel or oil. The
ation of the aircraft. It does not in- zero fuel weight figure may be found in
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clude equipment or ballast specifically either the aircraft type certificate data
installed, permanently or otherwise, sheet, the approved Aircraft Flight
for the purpose of altering the empty Manual, or both.

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Federal Aviation Administration, DOT § 110.2

Noncommon carriage means an air- §§ 121.583(a) or 135.85 of this chapter, as


craft operation for compensation or applicable. An aircraft used in a pas-
hire that does not involve a holding senger-carrying operation may also
out to others. carry cargo or mail in addition to pas-
On-demand operation means any oper- sengers.
ation for compensation or hire that is Principal base of operations means the
one of the following: primary operating location of a certifi-
(1) Passenger-carrying operations cate holder as established by the cer-
conducted as a public charter under tificate holder.
part 380 of this chapter or any oper- Provisional airport means an airport
ations in which the departure time, de- approved by the Administrator for use
parture location, and arrival location by a certificate holder for the purpose
are specifically negotiated with the of providing service to a community
customer or the customer’s representa- when the regular airport used by the
tive that are any of the following types certificate holder is not available.
of operations: Regular airport means an airport used
(i) Common carriage operations con- by a certificate holder in scheduled op-
ducted with airplanes, including tur- erations and listed in its operations
bojet-powered airplanes, having a pas- specifications.
senger-seat configuration of 30 seats or Scheduled operation means any com-
fewer, excluding each crewmember mon carriage passenger-carrying oper-
seat, and a payload capacity of 7,500 ation for compensation or hire con-
pounds or less, except that operations ducted by an air carrier or commercial
using a specific airplane that is also operator for which the certificate hold-
used in domestic or flag operations and er or its representative offers in ad-
that is so listed in the operations speci- vance the departure location, depar-
fications as required by § 119.49(a)(4) of ture time, and arrival location. It does
this chapter for those operations are not include any passenger-carrying op-
considered supplemental operations; eration that is conducted as a public
(ii) Noncommon or private carriage charter operation under part 380 of this
operations conducted with airplanes chapter.
having a passenger-seat configuration Supplemental operation means any
of less than 20 seats, excluding each common carriage operation for com-
crewmember seat, and a payload capac- pensation or hire conducted with any
ity of less than 6,000 pounds; or airplane described in paragraph (1) of
(iii) Any rotorcraft operation. this definition that is a type of oper-
(2) Scheduled passenger-carrying op- ation described in paragraph (2) of this
erations conducted with one of the fol- definition:
lowing types of aircraft with a fre- (1) Airplanes:
quency of operations of less than five (i) Airplanes having a passenger-seat
round trips per week on at least one configuration of more than 30 seats, ex-
route between two or more points ac- cluding each crewmember seat;
cording to the published flight sched- (ii) Airplanes having a payload ca-
ules: pacity of more than 7,500 pounds; or
(i) Airplanes, other than turbojet (iii) Each propeller-powered airplane
powered airplanes, having a maximum having a passenger-seat configuration
passenger-seat configuration of 9 seats of more than 9 seats and less than 31
or less, excluding each crewmember seats, excluding each crewmember
seat, and a maximum payload capacity seat, that is also used in domestic or
of 7,500 pounds or less; or flag operations and that is so listed in
(ii) Rotorcraft. the operations specifications as re-
(3) All-cargo operations conducted quired by § 119.49(a)(4) of this chapter
with airplanes having a payload capac- for those operations; or
ity of 7,500 pounds or less, or with (iv) Each turbojet powered airplane
rotorcraft. having a passenger seat configuration
Passenger-carrying operation means of 1 or more and less than 31 seats, ex-
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any aircraft operation carrying any cluding each crewmember seat, that is
person, unless the only persons on the also used in domestic or flag operations
aircraft are those identified in and that is so listed in the operations

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Pt. 117 14 CFR Ch. I (1–1–21 Edition)

specifications as required by 117.29 Emergency and government spon-


§ 119.49(a)(4) of this chapter for those sored operations.
operations. TABLE A TO PART 117—MAXIMUM FLIGHT TIME
(2) Types of operation: LIMITS FOR UNAUGMENTED OPERATIONS
(i) Operations for which the depar- TABLE B TO PART 117—FLIGHT DUTY PERIOD:
ture time, departure location, and ar- UNAUGMENTED OPERATIONS
rival location are specifically nego- TABLE C TO PART 117—FLIGHT DUTY PERIOD:
AUGMENTED OPERATIONS
tiated with the customer or the cus-
tomer’s representative; AUTHORITY: 49 U.S.C. 106(g), 40113, 40119,
(ii) All-cargo operations; or 44101, 44701–44702, 44705, 44709–44711, 44713,
(iii) Passenger-carrying public char- 44716–44717, 44722, 46901, 44903–44904, 44912,
ter operations conducted under part 380 46105.
of this chapter. SOURCE: Docket No. FAA–2009–1093, 77 FR
Wet lease means any leasing arrange- 398, Jan. 4, 2012, unless otherwise noted.
ment whereby a person agrees to pro-
vide an entire aircraft and at least one § 117.1 Applicability.
crewmember. A wet lease does not in- (a) This part prescribes flight and
clude a code-sharing arrangement. duty limitations and rest requirements
When common carriage is not involved for all flightcrew members and certifi-
or operations not involving common car- cate holders conducting passenger op-
riage means any of the following: erations under part 121 of this chapter.
(1) Noncommon carriage. (b) This part applies to all operations
(2) Operations in which persons or directed by part 121 certificate holders
cargo are transported without com- under part 91, other than subpart K, of
pensation or hire. this chapter if any segment is con-
(3) Operations not involving the ducted as a domestic passenger, flag
transportation of persons or cargo. passenger, or supplemental passenger
(4) Private carriage. operation.
Years in service means the calendar
(c) This part applies to all flightcrew
time elapsed since an aircraft was
members when participating in an op-
issued its first U.S. or first foreign air-
eration under part 91, other than sub-
worthiness certificate.
part K of this chapter, on behalf of the
[Docket No. FAA–2009–0140, 76 FR 7486, Feb. part 121 certificate holder if any flight
10, 2011, as amended by Docket FAA–2018– segment is conducted as a domestic
0119, Amdt. 110–2, 83 FR 9172, Mar. 5, 2018] passenger, flag passenger, or supple-
mental passenger operation
PARTS 111–116 [RESERVED] (d) Notwithstanding paragraphs (a),
(b) and (c) of this section, a certificate
PART 117—FLIGHT AND DUTY LIMI- holder may conduct under part 117 its
TATIONS AND REST REQUIRE- part 121 operations pursuant to 121.470,
MENTS: FLIGHTCREW MEMBERS 121.480, or 121.500.

§ 117.3 Definitions.
Sec.
117.1 Applicability. In addition to the definitions in §§ 1.1
117.3 Definitions. and 110.2 of this chapter, the following
117.5 Fitness for duty. definitions apply to this part. In the
117.7 Fatigue risk management system.
event there is a conflict in definitions,
117.9 Fatigue education and awareness
training program. the definitions in this part control for
117.11 Flight time limitation. purposes of the flight and duty limita-
117.13 Flight duty period: Unaugmented op- tions and rest requirements of this
erations. part.
117.15 Flight duty period: Split duty. Acclimated means a condition in
117.17 Flight duty period: Augmented which a flightcrew member has been in
flightcrew. a theater for 72 hours or has been given
117.19 Flight duty period extensions.
117.21 Reserve status.
at least 36 consecutive hours free from
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117.23 Cumulative limitations. duty.


117.25 Rest period. Airport/standby reserve means a de-
117.27 Consecutive nighttime operations. fined duty period during which a

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Federal Aviation Administration, DOT § 117.3

flightcrew member is required by a cer- performing assigned duties at the high-


tificate holder to be at an airport for a est degree of safety.
possible assignment. Flight duty period (FDP) means a pe-
Augmented flightcrew means a riod that begins when a flightcrew
flightcrew that has more than the min- member is required to report for duty
imum number of flightcrew members with the intention of conducting a
required by the airplane type certifi- flight, a series of flights, or positioning
cate to operate the aircraft to allow a or ferrying flights, and ends when the
flightcrew member to be replaced by aircraft is parked after the last flight
another qualified flightcrew member and there is no intention for further
for in-flight rest. aircraft movement by the same
Calendar day means a 24-hour period flightcrew member. A flight duty pe-
from 0000 through 2359 using Coordi- riod includes the duties performed by
nated Universal Time or local time. the flightcrew member on behalf of the
Certificate holder means a person who certificate holder that occur before a
holds or is required to hold an air car- flight segment or between flight seg-
rier certificate or operating certificate ments without a required intervening
issued under part 119 of this chapter. rest period. Examples of tasks that are
Deadhead transportation means trans- part of the flight duty period include
portation of a flightcrew member as a deadhead transportation, training con-
passenger or non-operating flightcrew ducted in an aircraft or flight simu-
member, by any mode of transpor- lator, and airport/standby reserve, if
tation, as required by a certificate the above tasks occur before a flight
holder, excluding transportation to or segment or between flight segments
from a suitable accommodation. All without an intervening required rest
time spent in deadhead transportation period.
is duty and is not rest. For purposes of Home base means the location des-
determining the maximum flight duty
ignated by a certificate holder where a
period in Table B of this part, deadhead
flightcrew member normally begins
transportation is not considered a
and ends his or her duty periods.
flight segment.
Duty means any task that a Lineholder means a flightcrew mem-
flightcrew member performs as re- ber who has an assigned flight duty pe-
quired by the certificate holder, includ- riod and is not acting as a reserve
ing but not limited to flight duty pe- flightcrew member.
riod, flight duty, pre- and post-flight Long-call reserve means that, prior to
duties, administrative work, training, beginning the rest period required by
deadhead transportation, aircraft posi- § 117.25, the flightcrew member is noti-
tioning on the ground, aircraft loading, fied by the certificate holder to report
and aircraft servicing. for a flight duty period following the
Fatigue means a physiological state completion of the rest period.
of reduced mental or physical perform- Physiological night’s rest means 10
ance capability resulting from lack of hours of rest that encompasses the
sleep or increased physical activity hours of 0100 and 0700 at the flightcrew
that can reduce a flightcrew member’s member’s home base, unless the indi-
alertness and ability to safely operate vidual has acclimated to a different
an aircraft or perform safety-related theater. If the flightcrew member has
duties. acclimated to a different theater, the
Fatigue risk management system rest must encompass the hours of 0100
(FRMS) means a management system and 0700 at the acclimated location.
for a certificate holder to use to miti- Report time means the time that the
gate the effects of fatigue in its par- certificate holder requires a flightcrew
ticular operations. It is a data-driven member to report for an assignment.
process and a systematic method used Reserve availability period means a
to continuously monitor and manage duty period during which a certificate
safety risks associated with fatigue-re- holder requires a flightcrew member on
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lated error. short call reserve to be available to re-


Fit for duty means physiologically ceive an assignment for a flight duty
and mentally prepared and capable of period.

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§ 117.5 14 CFR Ch. I (1–1–21 Edition)

Reserve flightcrew member means a fers by no more than 60 degrees lon-


flightcrew member who a certificate gitude.
holder requires to be available to re- Unforeseen operational circumstance
ceive an assignment for duty. means an unplanned event of insuffi-
Rest facility means a bunk or seat ac- cient duration to allow for adjustments
commodation installed in an aircraft to schedules, including unforecast
that provides a flightcrew member weather, equipment malfunction, or air
with a sleep opportunity. traffic delay that is not reasonably ex-
(1) Class 1 rest facility means a bunk pected.
or other surface that allows for a flat Window of circadian low means a pe-
sleeping position and is located sepa- riod of maximum sleepiness that oc-
rate from both the flight deck and pas- curs between 0200 and 0559 during a
senger cabin in an area that is tem- physiological night.
perature-controlled, allows the
[Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
flightcrew member to control light,
2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012;
and provides isolation from noise and Amdt. 117–1, 78 FR 69288, Nov. 19, 2013]
disturbance.
(2) Class 2 rest facility means a seat in § 117.5 Fitness for duty.
an aircraft cabin that allows for a flat
or near flat sleeping position; is sepa- (a) Each flightcrew member must re-
rated from passengers by a minimum of port for any flight duty period rested
a curtain to provide darkness and some and prepared to perform his or her as-
sound mitigation; and is reasonably signed duties.
free from disturbance by passengers or (b) No certificate holder may assign
flightcrew members. and no flightcrew member may accept
(3) Class 3 rest facility means a seat in assignment to a flight duty period if
an aircraft cabin or flight deck that re- the flightcrew member has reported for
clines at least 40 degrees and provides a flight duty period too fatigued to
leg and foot support. safely perform his or her assigned du-
Rest period means a continuous period ties.
determined prospectively during which (c) No certificate holder may permit
the flightcrew member is free from all a flightcrew member to continue a
restraint by the certificate holder, in- flight duty period if the flightcrew
cluding freedom from present responsi- member has reported him or herself too
bility for work should the occasion fatigued to continue the assigned flight
arise. duty period.
Scheduled means to appoint, assign, (d) As part of the dispatch or flight
or designate for a fixed time. release, as applicable, each flightcrew
Short-call reserve means a period of member must affirmatively state he or
time in which a flightcrew member is she is fit for duty prior to commencing
assigned to a reserve availability pe- flight.
riod.
§ 117.7 Fatigue risk management sys-
Split duty means a flight duty period tem.
that has a scheduled break in duty that
is less than a required rest period. (a) No certificate holder may exceed
Suitable accommodation means a tem- any provision of this part unless ap-
perature-controlled facility with sound proved by the FAA under a Fatigue
mitigation and the ability to control Risk Management System that pro-
light that provides a flightcrew mem- vides at least an equivalent level of
ber with the ability to sleep either in a safety against fatigue-related acci-
bed, bunk or in a chair that allows for dents or incidents as the other provi-
flat or near flat sleeping position. Suit- sions of this part.
able accommodation only applies to (b) The Fatigue Risk Management
ground facilities and does not apply to System must include:
aircraft onboard rest facilities. (1) A fatigue risk management pol-
Theater means a geographical area in icy.
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which the distance between the (2) An education and awareness train-
flightcrew member’s flight duty period ing program.
departure point and arrival point dif- (3) A fatigue reporting system.

10

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Federal Aviation Administration, DOT § 117.15

(4) A system for monitoring (3) Will exceed 17 hours if the oper-
flightcrew fatigue. ation is conducted with a 4-pilot
(5) An incident reporting process. flightcrew.
(6) A performance evaluation. (b) If unforeseen operational cir-
cumstances arise after takeoff that are
§ 117.9 Fatigue education and aware- beyond the certificate holder’s control,
ness training program. a flightcrew member may exceed the
(a) Each certificate holder must de- maximum flight time specified in para-
velop and implement an education and graph (a) of this section and the cumu-
awareness training program, approved lative flight time limits in 117.23(b) to
by the Administrator. This program the extent necessary to safely land the
must provide annual education and aircraft at the next destination airport
awareness training to all employees of or alternate, as appropriate.
the certificate holder responsible for (c) Each certificate holder must re-
administering the provisions of this port to the Administrator within 10
rule including flightcrew members, dis- days any flight time that exceeded the
patchers, individuals directly involved maximum flight time limits permitted
in the scheduling of flightcrew mem- by this section or § 117.23(b). The report
bers, individuals directly involved in must contain a description of the ex-
operational control, and any employee tended flight time limitation and the
providing direct management oversight circumstances surrounding the need for
of those areas. the extension.
(b) The fatigue education and aware- [Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
ness training program must be de- 2012; Amdt. 117–1, 78 FR 8362, Feb. 6, 2013; 78
signed to increase awareness of: FR 69288, Nov. 19, 2013]
(1) Fatigue; § 117.13 Flight duty period: Unaug-
(2) The effects of fatigue on pilots; mented operations.
and
(a) Except as provided for in § 117.15,
(3) Fatigue countermeasures
no certificate holder may assign and no
(c) (1) Each certificate holder must flightcrew member may accept an as-
update its fatigue education and aware- signment for an unaugmented flight
ness training program every two years operation if the scheduled flight duty
and submit the update to the Adminis- period will exceed the limits in Table B
trator for review and acceptance. of this part.
(2) Not later than 12 months after the (b) If the flightcrew member is not
date of submission of the fatigue edu- acclimated:
cation and awareness training program (1) The maximum flight duty period
required by (c)(1) of this section, the in Table B of this part is reduced by 30
Administrator shall review and accept minutes.
or reject the update. If the Adminis- (2) The applicable flight duty period
trator rejects an update, the Adminis- is based on the local time at the the-
trator shall provide suggested modi- ater in which the flightcrew member
fications for resubmission of the up- was last acclimated.
date.
§ 117.15 Flight duty period: Split duty.
§ 117.11 Flight time limitation.
For an unaugmented operation only,
(a) No certificate holder may sched- if a flightcrew member is provided with
ule and no flightcrew member may ac- a rest opportunity (an opportunity to
cept an assignment or continue an as- sleep) in a suitable accommodation
signed flight duty period if the total during his or her flight duty period, the
flight time: time that the flightcrew member
(1) Will exceed the limits specified in spends in the suitable accommodation
Table A of this part if the operation is is not part of that flightcrew member’s
conducted with the minimum required flight duty period if all of the following
flightcrew. conditions are met:
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(2) Will exceed 13 hours if the oper- (a) The rest opportunity is provided
ation is conducted with a 3-pilot between the hours of 22:00 and 05:00
flightcrew. local time.

11

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§ 117.17 14 CFR Ch. I (1–1–21 Edition)

(b) The time spent in the suitable ac- cordance with § 121.543(b)(3)(i) of this
commodation is at least 3 hours, meas- chapter must be at the flight controls.
ured from the time that the flightcrew
member reaches the suitable accommo- § 117.19 Flight duty period extensions.
dation. (a) For augmented and unaugmented
(c) The rest opportunity is scheduled operations, if unforeseen operational
before the beginning of the flight duty circumstances arise prior to takeoff:
period in which that rest opportunity (1) The pilot in command and the cer-
is taken. tificate holder may extend the max-
(d) The rest opportunity that the imum flight duty period permitted in
flightcrew member is actually provided Tables B or C of this part up to 2 hours.
may not be less than the rest oppor- The pilot in command and the certifi-
tunity that was scheduled. cate holder may also extend the max-
(e) The rest opportunity is not pro- imum combined flight duty period and
vided until the first segment of the reserve availability period limits speci-
flight duty period has been completed. fied in § 117.21(c)(3) and (4) of this part
(f) The combined time of the flight up to 2 hours.
duty period and the rest opportunity (2) An extension in the flight duty pe-
provided in this section does not exceed riod under paragraph (a)(1) of this sec-
14 hours. tion of more than 30 minutes may
occur only once prior to receiving a
§ 117.17 Flight duty period: Augmented rest period described in § 117.25(b).
flightcrew. (3) A flight duty period cannot be ex-
(a) For flight operations conducted tended under paragraph (a)(1) of this
with an acclimated augmented section if it causes a flightcrew mem-
flightcrew, no certificate holder may ber to exceed the cumulative flight
assign and no flightcrew member may duty period limits specified in 117.23(c).
accept an assignment if the scheduled (4) Each certificate holder must re-
flight duty period will exceed the lim- port to the Administrator within 10
its specified in Table C of this part. days any flight duty period that ex-
ceeded the maximum flight duty period
(b) If the flightcrew member is not
permitted in Tables B or C of this part
acclimated:
by more than 30 minutes. The report
(1) The maximum flight duty period
must contain the following:
in Table C of this part is reduced by 30 (i) A description of the extended
minutes. flight duty period and the cir-
(2) The applicable flight duty period cumstances surrounding the need for
is based on the local time at the the- the extension; and
ater in which the flightcrew member (ii) If the circumstances giving rise
was last acclimated. to the extension were within the cer-
(c) No certificate holder may assign tificate holder’s control, the corrective
and no flightcrew member may accept action(s) that the certificate holder in-
an assignment under this section un- tends to take to minimize the need for
less during the flight duty period: future extensions.
(1) Two consecutive hours in the sec- (5) Each certificate holder must im-
ond half of the flight duty period are plement the corrective action(s) re-
available for in-flight rest for the pilot ported in paragraph (a)(4) of this sec-
flying the aircraft during landing. tion within 30 days from the date of the
(2) Ninety consecutive minutes are extended flight duty period.
available for in-flight rest for the pilot (b) For augmented and unaugmented
performing monitoring duties during operations, if unforeseen operational
landing. circumstances arise after takeoff:
(d) No certificate holder may assign (1) The pilot in command and the cer-
and no flightcrew member may accept tificate holder may extend maximum
an assignment involving more than flight duty periods specified in Tables
three flight segments under this sec- B or C of this part to the extent nec-
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tion. essary to safely land the aircraft at the


(e) At all times during flight, at least next destination airport or alternate
one flightcrew member qualified in ac- airport, as appropriate.

12

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Federal Aviation Administration, DOT § 117.25

(2) An extension of the flight duty pe- riod and a reserve availability period
riod under paragraph (b)(1) of this sec- may not exceed the flight duty period
tion of more than 30 minutes may in Table C of this part plus 4 hours, as
occur only once prior to receiving a measured from the beginning of the re-
rest period described in § 117.25(b). serve availability period.
(3) An extension taken under para- (d) For long call reserve, if a certifi-
graph (b) of this section may exceed cate holder contacts a flightcrew mem-
the cumulative flight duty period lim- ber to assign him or her to a flight
its specified in 117.23(c). duty period that will begin before and
(4) Each certificate holder must re- operate into the flightcrew member’s
port to the Administrator within 10 window of circadian low, the flightcrew
days any flight duty period that either member must receive a 12 hour notice
exceeded the cumulative flight duty of report time from the certificate
periods specified in § 117.23(c), or ex- holder.
ceeded the maximum flight duty period (e) A certificate holder may shift a
limits permitted by Tables B or C of reserve flightcrew member’s reserve
this part by more than 30 minutes. The status from long-call to short-call only
report must contain a description of if the flightcrew member receives a
the circumstances surrounding the af- rest period as provided in § 117.25(e).
fected flight duty period.
§ 117.23 Cumulative limitations.
[Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012; (a) The limitations of this section in-
Amdt. 117–1, 78 FR 8362, Feb. 6, 2013; 78 FR clude all flying by flightcrew members
69288, Nov. 19, 2013] on behalf of any certificate holder or
91K Program Manager during the appli-
§ 117.21 Reserve status. cable periods.
(a) Unless specifically designated as (b) No certificate holder may sched-
airport/standby or short-call reserve by ule and no flightcrew member may ac-
the certificate holder, all reserve is cept an assignment if the flightcrew
considered long-call reserve. member’s total flight time will exceed
(b) Any reserve that meets the defini- the following:
tion of airport/standby reserve must be (1) 100 hours in any 672 consecutive
designated as airport/standby reserve. hours or
For airport/standby reserve, all time (2) 1,000 hours in any 365 consecutive
spent in a reserve status is part of the calendar day period.
flightcrew member’s flight duty period. (c) No certificate holder may sched-
(c) For short call reserve, ule and no flightcrew member may ac-
(1) The reserve availability period cept an assignment if the flightcrew
may not exceed 14 hours. member’s total Flight Duty Period will
(2) For a flightcrew member who has exceed:
completed a reserve availability pe- (1) 60 flight duty period hours in any
riod, no certificate holder may sched- 168 consecutive hours or
ule and no flightcrew member may ac- (2) 190 flight duty period hours in any
cept an assignment of a reserve avail- 672 consecutive hours.
ability period unless the flightcrew [Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
member receives the required rest in 2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012;
§ 117.25(e). Amdt. 117–1, 78 FR 69288, Nov. 19, 2013]
(3) For an unaugmented operation,
the total number of hours a flightcrew § 117.25 Rest period.
member may spend in a flight duty pe- (a) No certificate holder may assign
riod and a reserve availability period and no flightcrew member may accept
may not exceed the lesser of the max- assignment to any reserve or duty with
imum applicable flight duty period in the certificate holder during any re-
Table B of this part plus 4 hours, or 16 quired rest period.
hours, as measured from the beginning (b) Before beginning any reserve or
of the reserve availability period. flight duty period a flightcrew member
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(4) For an augmented operation, the must be given at least 30 consecutive


total number of hours a flightcrew hours free from all duty within the
member may spend in a flight duty pe- past 168 consecutive hour period.

13

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§ 117.27 14 CFR Ch. I (1–1–21 Edition)

(c) If a flightcrew member operating ods that infringe on the window of cir-
in a new theater has received 36 con- cadian low if the certificate holder pro-
secutive hours of rest, that flightcrew vides the flightcrew member with an
member is acclimated and the rest pe- opportunity to rest in a suitable ac-
riod meets the requirements of para- commodation during each of the con-
graph (b) of this section. secutive nighttime flight duty periods.
(d) A flightcrew member must be The rest opportunity must be at least 2
given a minimum of 56 consecutive hours, measured from the time that
hours rest upon return to home base if the flightcrew member reaches the
the flightcrew member: (1) Travels suitable accommodation, and must
more than 60° longitude during a flight comply with the conditions specified in
duty period or a series of flight duty § 117.15(a), (c), (d), and (e). Otherwise,
period, and (2) is away from home base no certificate holder may schedule and
for more than 168 consecutive hours no flightcrew member may accept
during this travel. The 56 hours of rest more than three consecutive flight
specified in this section must encom- duty periods that infringe on the win-
pass three physiological nights’ rest dow of circadian low. For purposes of
based on local time. this section, any split duty rest that is
(e) No certificate holder may sched- provided in accordance with § 117.15
ule and no flightcrew member may ac- counts as part of a flight duty period.
cept an assignment for any reserve or
flight duty period unless the flightcrew § 117.29 Emergency and government
member is given a rest period of at sponsored operations.
least 10 consecutive hours immediately (a) This section applies to operations
before beginning the reserve or flight conducted pursuant to contracts with
duty period measured from the time the U.S. Government and operations
the flightcrew member is released from conducted pursuant to a deviation
duty. The 10 hour rest period must pro- under § 119.57 of this chapter that can-
vide the flightcrew member with a not otherwise be conducted under this
minimum of 8 uninterrupted hours of part because of circumstances that
sleep opportunity. could prevent flightcrew members from
(f) If a flightcrew member determines being relieved by another crew or safe-
that a rest period under paragraph (e) ly provided with the rest required
of this section will not provide eight under § 117.25 at the end of the applica-
uninterrupted hours of sleep oppor- ble flight duty period.
tunity, the flightcrew member must (b) The pilot-in-command may deter-
notify the certificate holder. The mine that the maximum applicable
flightcrew member cannot report for flight duty period, flight time, and/or
the assigned flight duty period until he combined flight duty period and re-
or she receives a rest period specified serve availability period limits must be
in paragraph (e) of this section. exceeded to the extent necessary to
(g) If a flightcrew member engaged in allow the flightcrew to fly to the clos-
deadhead transportation exceeds the est destination where they can safely
applicable flight duty period in Table B be relieved from duty by another
of this part, the flightcrew member flightcrew or can receive the requisite
must be given a rest period equal to amount of rest prior to commencing
the length of the deadhead transpor- their next flight duty period.
tation but not less than the required (c) A flight duty period may not be
rest in paragraph (e) of this section be- extended for an operation conducted
fore beginning a flight duty period. pursuant to a contract with the U.S.
[Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4, Government if it causes a flightcrew
2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012; member to exceed the cumulative
Amdt. 117–1, 78 FR 8362, Feb. 6, 2013] flight time limits in § 117.23(b) and the
cumulative flight duty period limits in
§ 117.27 Consecutive nighttime oper- § 117.23(c).
ations. (d) The flightcrew shall be given a
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A certificate holder may schedule rest period immediately after reaching


and a flightcrew member may accept the destination described in paragraph
up to five consecutive flight duty peri- (b) of this section equal to the length

14

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Federal Aviation Administration, DOT Pt. 117, Table C

of the actual flight duty period or 24 tificate holder’s control, the corrective
hours, whichever is less. action(s) that the certificate holder in-
(e) Each certificate holder must re- tends to take to minimize the need for
port within 10 days: future extensions.
(1) Any flight duty period that ex- (g) Each certificate holder must im-
ceeded the maximum flight duty period plement the corrective action(s) re-
permitted in Tables B or C of this part, ported pursuant to paragraph (f)(2) of
as applicable, by more than 30 minutes; this section within 30 days from the
(2) Any flight time that exceeded the date of the extended flight duty period
maximum flight time limits permitted and/or the extended flight time.
in Table A of this part and § 117.11, as [Doc. No. FAA–2009–1093, 77 FR 398, Jan. 4,
applicable; and 2012; Amdt. 117–1A, 77 FR 28764, May 16, 2012;
(3) Any flight duty period or flight Amdt. 117–1, 78 FR 8362, Feb. 6, 2013; 78 FR
time that exceeded the cumulative lim- 69288, Nov. 19, 2013]
its specified in § 117.23.
(f) The report must contain the fol- TABLE A TO PART 117—MAXIMUM FLIGHT
lowing: TIME LIMITS FOR UNAUGMENTED OP-
ERATIONS TABLE
(1) A description of the extended
flight duty period and flight time limi- Maximum
Time of report
tation, and the circumstances sur- flight time
(acclimated) (hours)
rounding the need for the extension;
and 0000–0459 ....................................................... 8
(2) If the circumstances giving rise to 0500–1959 ....................................................... 9
2000–2359 ....................................................... 8
the extension(s) were within the cer-

TABLE B TO PART 117—FLIGHT DUTY PERIOD: UNAUGMENTED OPERATIONS


Maximum flight duty period (hours) for lineholders based on
number of flight segments
Scheduled time of start (acclimated time)
1 2 3 4 5 6 7+

0000–0359 ............................................................................ 9 9 9 9 9 9 9
0400–0459 ............................................................................ 10 10 10 10 9 9 9
0500–0559 ............................................................................ 12 12 12 12 11.5 11 10.5
0600–0659 ............................................................................ 13 13 12 12 11.5 11 10.5
0700–1159 ............................................................................ 14 14 13 13 12.5 12 11.5
1200–1259 ............................................................................ 13 13 13 13 12.5 12 11.5
1300–1659 ............................................................................ 12 12 12 12 11.5 11 10.5
1700–2159 ............................................................................ 12 12 11 11 10 9 9
2200–2259 ............................................................................ 11 11 10 10 9 9 9
2300–2359 ............................................................................ 10 10 10 9 9 9 9

TABLE C TO PART 117—FLIGHT DUTY PERIOD: AUGMENTED OPERATIONS


Maximum flight duty period (hours) based on rest facility and
number of pilots

Scheduled time of start (acclimated time) Class 1 Class 2 Class 3


rest facility rest facility rest facility

3 pilots 4 pilots 3 pilots 4 pilots 3 pilots 4 pilots

0000–0559 .................................................................... 15 17 14 15.5 13 13.5


0600–0659 .................................................................... 16 18.5 15 16.5 14 14.5
0700–1259 .................................................................... 17 19 16.5 18 15 15.5
1300–1659 .................................................................... 16 18.5 15 16.5 14 14.5
1700–2359 .................................................................... 15 17 14 15.5 13 13.5
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Pt. 119 14 CFR Ch. I (1–1–21 Edition)

PART 118 [RESERVED] 119.63 Recency of operation.


119.65 Management personnel required for
operations conducted under part 121 of
PART 119—CERTIFICATION: AIR this chapter.
CARRIERS AND COMMERCIAL 119.67 Management personnel: Qualifica-
OPERATORS tions for operations conducted under
part 121 of this chapter.
119.69 Management personnel required for
Subpart A—General operations conducted under part 135 of
Sec. this chapter.
119.1 Applicability. 119.71 Management personnel: Qualifica-
119.3 [Reserved] tions for operations conducted under
119.5 Certifications, authorizations, and part 135 of this chapter.
prohibitions. 119.73 Employment of former FAA employ-
119.7 Operations specifications. ees.
119.8 Safety Management Systems. AUTHORITY: Pub. L. 111–216, sec. 215 (Au-
119.9 Use of business names. gust 1, 2010); 49 U.S.C. 106(f), 106(g), 1153,
40101, 40102, 40103, 40113, 44105, 44106, 44111,
Subpart B—Applicability of Operating Re- 44701–44717, 44722, 44901, 44903, 44904, 44906,
quirements to Different Kinds of Oper- 44912, 44914, 44936, 44938, 46103, 46105.
ations Under Parts 121, 125, and 135 of
SOURCE: Docket No. 28154, 60 FR 65913, Dec.
This Chapter
20, 1995, unless otherwise noted.
119.21 Commercial operators engaged in
intrastate common carriage and direct Subpart A—General
air carriers.
119.23 Operators engaged in passenger-car- § 119.1 Applicability.
rying operations, cargo operations, or
both with airplanes when common car- (a) This part applies to each person
riage is not involved. operating or intending to operate civil
119.25 Rotorcraft operations: Direct air car- aircraft—
riers and commercial operators. (1) As an air carrier or commercial
operator, or both, in air commerce; or
Subpart C—Certification, Operations Spec- (2) When common carriage is not in-
ifications, and Certain Other Require- volved, in operations of U.S.-registered
ments for Operations Conducted civil airplanes with a seat configura-
Under Part 121 or Part 135 of This tion of 20 or more passengers, or a max-
Chapter imum payload capacity of 6,000 pounds
119.31 Applicability. or more.
119.33 General requirements. (b) This part prescribes—
119.35 Certificate application requirements (1) The types of air operator certifi-
for all operators. cates issued by the Federal Aviation
119.36 Additional certificate application re- Administration, including air carrier
quirements for commercial operators.
119.37 Contents of an Air Carrier Certificate certificates and operating certificates;
or Operating Certificate. (2) The certification requirements an
119.39 Issuing or denying a certificate. operator must meet in order to obtain
119.41 Amending a certificate. and hold a certificate authorizing oper-
119.43 Certificate holder’s duty to maintain ations under part 121, 125, or 135 of this
operations specifications. chapter and operations specifications
119.45 [Reserved] for each kind of operation to be con-
119.47 Maintaining a principal base of oper-
ducted and each class and size of air-
ations, main operations base, and main
maintenance base; change of address. craft to be operated under part 121 or
119.49 Contents of operations specifications. 135 of this chapter;
119.51 Amending operations specifications. (3) The requirements an operator
119.53 Wet leasing of aircraft and other ar- must meet to conduct operations under
rangements for transportation by air. part 121, 125, or 135 of this chapter and
119.55 Obtaining deviation authority to per- in operating each class and size of air-
form operations under a U.S. military craft authorized in its operations speci-
contract.
fications;
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119.57 Obtaining deviation authority to per-


form an emergency operation. (4) Requirements affecting wet leas-
119.59 Conducting tests and inspections. ing of aircraft and other arrangements
119.61 Duration and surrender of certificate for transportation by air;
and operations specifications.
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Federal Aviation Administration, DOT § 119.5

(5) Requirements for obtaining devi- (iii) Aerial photography or survey;


ation authority to perform operations (iv) Fire fighting;
under a military contract and obtain- (v) Helicopter operations in construc-
ing deviation authority to perform an tion or repair work (but it does apply
emergency operation; and to transportation to and from the site
(6) Requirements for management of operations); and
personnel for operations conducted (vi) Powerline or pipeline patrol;
under part 121 or part 135 of this chap- (5) Sightseeing flights conducted in
ter. hot air balloons;
(c) Persons subject to this part must (6) Nonstop flights conducted within
comply with the other requirements of a 25-statute-mile radius of the airport
this chapter, except where those re- of takeoff carrying persons or objects
quirements are modified by or where for the purpose of conducting inten-
additional requirements are imposed tional parachute operations.
by part 119, 121, 125, or 135 of this chap- (7) Helicopter flights conducted with-
ter. in a 25 statute mile radius of the air-
(d) This part does not govern oper- port of takeoff if—
ations conducted under part 91, subpart (i) Not more than two passengers are
K (when common carriage is not in- carried in the helicopter in addition to
volved) nor does it govern operations the required flightcrew;
conducted under part 129, 133, 137, or (ii) Each flight is made under day
139 of this chapter. VFR conditions;
(e) Except for operations when com- (iii) The helicopter used is certifi-
mon carriage is not involved conducted cated in the standard category and
with airplanes having a passenger-seat complies with the 100-hour inspection
configuration of 20 seats or more, ex- requirements of part 91 of this chapter;
cluding any required crewmember seat, (iv) The operator notifies the respon-
or a payload capacity of 6,000 pounds or sible Flight Standards office at least 72
more, this part does not apply to— hours before each flight and furnishes
(1) Student instruction; any essential information that the of-
(2) Nonstop Commercial Air Tours fice requests;
conducted after September 11, 2007, in (v) The number of flights does not ex-
an airplane or helicopter having a ceed a total of six in any calendar year;
standard airworthiness certificate and (vi) Each flight has been approved by
passenger-seat configuration of 30 seats the Administrator; and
or fewer and a maximum payload ca- (vii) Cargo is not carried in or on the
pacity of 7,500 pounds or less that begin helicopter;
and end at the same airport, and are (8) Operations conducted under part
conducted within a 25-statute mile ra- 133 of this chapter or 375 of this title;
dius of that airport, in compliance with (9) Emergency mail service con-
the Letter of Authorization issued ducted under 49 U.S.C. 41906;
under § 91.147 of this chapter. For non- (10) Operations conducted under the
stop Commercial Air Tours conducted provisions of § 91.321 of this chapter; or
in accordance with part 136, subpart B (11) Small UAS operations conducted
of this chapter, National Parks Air under part 107 of this chapter.
Tour Management, the requirements of [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
part 119 of this chapter apply unless ex- amended by Amdt. 119–4, 66 FR 23557, May 9,
cepted in § 136.37(g)(2). For Nonstop 2001; Amdt. 119–5, 67 FR 9554, Mar. 1, 2002;
Commercial Air Tours conducted in the Amdt. 119–7, 68 FR 54584, Sept. 17, 2003; 72 FR
6911, Feb. 13, 2007; Docket FAA–2015–0150,
vicinity of the Grand Canyon National
Amdt. 119–18, 81 FR 42214, June 28, 2016;
Park, Arizona, the requirements of Docket FAA–2018–0119, Amdt. 119–19, 83 FR
SFAR 50–2, part 93, subpart U, and part 9172, Mar. 5, 2018]
119 of this chapter, as applicable, apply.
(3) Ferry or training flights; § 119.3 [Reserved]
(4) Aerial work operations, includ-
ing— § 119.5 Certifications, authorizations,
spaschal on DSKJM0X7X2PROD with CFR

(i) Crop dusting, seeding, spraying, and prohibitions.


and bird chasing; (a) A person authorized by the Ad-
(ii) Banner towing; ministrator to conduct operations as a

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§ 119.7 14 CFR Ch. I (1–1–21 Edition)

direct air carrier will be issued an Air riage. A person holding an Air Carrier
Carrier Certificate. Certificate or Operating Certificate au-
(b) A person who is not authorized to thorizing common carriage operations
conduct direct air carrier operations, shall not conduct any operations in
but who is authorized by the Adminis- noncommon carriage.
trator to conduct operations as a U.S. (i) No person may operate as a direct
commercial operator, will be issued an air carrier without holding appropriate
Operating Certificate. economic authority from the Depart-
(c) A person who is not authorized to ment of Transportation.
conduct direct air carrier operations, (j) A certificate holder under this
but who is authorized by the Adminis- part may not operate aircraft under
trator to conduct operations when part 121 or part 135 of this chapter in a
common carriage is not involved as an geographical area unless its operations
operator of U.S.-registered civil air- specifications specifically authorize
planes with a seat configuration of 20 the certificate holder to operate in
or more passengers, or a maximum that area.
payload capacity of 6,000 pounds or (k) No person may advertise or other-
more, will be issued an Operating Cer- wise offer to perform an operation sub-
tificate. ject to this part unless that person is
(d) A person authorized to engage in authorized by the Federal Aviation Ad-
common carriage under part 121 or part ministration to conduct that oper-
135 of this chapter, or both, shall be ation.
issued only one certificate authorizing (l) No person may operate an aircraft
such common carriage, regardless of under this part, part 121 of this chap-
the kind of operation or the class or ter, or part 135 of this chapter in viola-
size of aircraft to be operated. tion of an air carrier operating certifi-
(e) A person authorized to engage in cate, operating certificate, or appro-
noncommon or private carriage under priate operations specifications issued
part 125 or part 135 of this chapter, or under this part.
both, shall be issued only one certifi- [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
cate authorizing such carriage, regard- amended by Amdt. 119–3, 62 FR 13253, Mar. 19,
less of the kind of operation or the 1997; 62 FR 15570, Apr. 1, 1997]
class or size of aircraft to be operated.
(f) A person conducting operations § 119.7 Operations specifications.
under more than one paragraph of (a) Each certificate holder’s oper-
§§ 119.21, 119.23, or 119.25 shall conduct ations specifications must contain—
those operations in compliance with— (1) The authorizations, limitations,
(1) The requirements specified in and certain procedures under which
each paragraph of those sections for each kind of operation, if applicable, is
the kind of operation conducted under to be conducted; and
that paragraph; and (2) Certain other procedures under
(2) The appropriate authorizations, which each class and size of aircraft is
limitations, and procedures specified in to be operated.
the operations specifications for each (b) Except for operations specifica-
kind of operation. tions paragraphs identifying author-
(g) No person may operate as a direct ized kinds of operations, operations
air carrier or as a commercial operator specifications are not a part of a cer-
without, or in violation of, an appro- tificate.
priate certificate and appropriate oper-
ations specifications. No person may § 119.8 Safety Management Systems.
operate as a direct air carrier or as a (a) Certificate holders authorized to
commercial operator in violation of conduct operations under part 121 of
any deviation or exemption authority, this chapter must have a safety man-
if issued to that person or that person’s agement system that meets the re-
representative. quirements of part 5 of this chapter
(h) A person holding an Operating and is acceptable to the Administrator
spaschal on DSKJM0X7X2PROD with CFR

Certificate authorizing noncommon or by March 9, 2018.


private carriage operations shall not (b) A person applying to the Adminis-
conduct any operations in common car- trator for an air carrier certificate or

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Federal Aviation Administration, DOT § 119.21

operating certificate to conduct oper- issued operations specifications for


ations under part 121 of this chapter those operations in accordance with
after March 9, 2015, must demonstrate, those requirements. However, based on
as part of the application process under a showing of safety in air commerce,
§ 119.35, that it has an SMS that meets the Administrator may permit persons
the standards set forth in part 5 of this who conduct domestic operations be-
chapter and is acceptable to the Ad- tween any point located within any of
ministrator. the following Alaskan islands and any
[Doc. No. FAA–2009–0671, 80 FR 1328, Jan. 8, point in the State of Alaska to comply
2015] with the requirements applicable to
flag operations contained in subpart U
§ 119.9 Use of business names. of part 121 of this chapter:
(a) A certificate holder under this (i) The Aleutian Islands.
part may not operate an aircraft under (ii) The Pribilof Islands.
part 121 or part 135 of this chapter (iii) The Shumagin Islands.
using a business name other than a
(2) Flag operations in accordance
business name appearing in the certifi-
with the applicable requirements of
cate holder’s operations specifications.
(b) No person may operate an aircraft part 121 of this chapter, and shall be
under part 121 or part 135 of this chap- issued operations specifications for
ter unless the name of the certificate those operations in accordance with
holder who is operating the aircraft, or those requirements.
the air carrier or operating certificate (3) Supplemental operations in ac-
number of the certificate holder who is cordance with the applicable require-
operating the aircraft, is legibly dis- ments of part 121 of this chapter, and
played on the aircraft and is clearly shall be issued operations specifica-
visible and readable from the outside of tions for those operations in accord-
the aircraft to a person standing on the ance with those requirements. How-
ground at any time except during ever, based on a determination of safe-
flight time. The means of displaying ty in air commerce, the Administrator
the name on the aircraft and its read- may authorize or require those oper-
ability must be acceptable to the Ad- ations to be conducted under paragraph
ministrator. (a)(1) or (a)(2) of this section.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as (4) Commuter operations in accord-
amended by Amdt. 119–3, 62 FR 13253, Mar. 19, ance with the applicable requirements
1997] of part 135 of this chapter, and shall be
issued operations specifications for
Subpart B—Applicability of Oper- those operations in accordance with
ating Requirements to Dif- those requirements.
ferent Kinds of Operations (5) On-demand operations in accord-
Under Parts 121, 125, and 135 ance with the applicable requirements
of This Chapter of part 135 of this chapter, and shall be
issued operations specifications for
§ 119.21 Commercial operators en- those operations in accordance with
gaged in intrastate common car- those requirements.
riage and direct air carriers.
(b) Persons who are subject to the re-
(a) Each person who conducts air- quirements of paragraph (a)(4) of this
plane operations as a commercial oper- section may conduct those operations
ator engaged in intrastate common in accordance with the requirements of
carriage of persons or property for
paragraph (a)(1) or (a)(2) of this sec-
compensation or hire in air commerce,
tion, provided they obtain authoriza-
or as a direct air carrier, shall comply
tion from the Administrator.
with the certification and operations
specifications requirements in subpart (c) Persons who are subject to the re-
C of this part, and shall conduct its: quirements of paragraph (a)(5) of this
spaschal on DSKJM0X7X2PROD with CFR

(1) Domestic operations in accord- section may conduct those operations


ance with the applicable requirements in accordance with the requirements of
of part 121 of this chapter, and shall be

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§ 119.23 14 CFR Ch. I (1–1–21 Edition)

paragraph (a)(3) of this section, pro- § 119.25 Rotorcraft operations: Direct


vided they obtain authorization from air carriers and commercial opera-
the Administrator. tors.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as Each person who conducts rotorcraft
amended by Amdt. 119–2, 61 FR 30433, June operations for compensation or hire
14, 1996; Amdt. 119–3, 62 FR 13254, Mar. 19, must comply with the certification and
1997] operations specifications requirements
of Subpart C of this part, and shall con-
§ 119.23 Operators engaged in pas- duct its:
senger-carrying operations, cargo (a) Commuter operations in accord-
operations, or both with airplanes ance with the applicable requirements
when common carriage is not in- of part 135 of this chapter, and shall be
volved. issued operations specifications for
(a) Each person who conducts oper- those operations in accordance with
ations when common carriage is not in- those requirements.
volved with airplanes having a pas- (b) On-demand operations in accord-
senger-seat configuration of 20 seats or ance with the applicable requirements
more, excluding each crewmember of part 135 of this chapter, and shall be
seat, or a payload capacity of 6,000 issued operations specifications for
pounds or more, shall, unless deviation those operations in accordance with
authority is issued— those requirements.
(1) Comply with the certification and
operations specifications requirements Subpart C—Certification, Oper-
of part 125 of this chapter; ations Specifications, and
(2) Conduct its operations with those Certain Other Requirements
airplanes in accordance with the re- for Operations Conducted
quirements of part 125 of this chapter; Under Part 121 or Part 135 of
and This Chapter
(3) Be issued operations specifica-
tions in accordance with those require- § 119.31 Applicability.
ments. This subpart sets out certification re-
(b) Each person who conducts non- quirements and prescribes the content
common carriage (except as provided of operations specifications and certain
in § 91.501(b) of this chapter) or private other requirements for operations con-
carriage operations for compensation ducted under part 121 or part 135 of this
or hire with airplanes having a pas- chapter.
senger-seat configuration of less than
20 seats, excluding each crewmember § 119.33 General requirements.
seat, and a payload capacity of less (a) A person may not operate as a di-
than 6,000 pounds shall— rect air carrier unless that person—
(1) Comply with the certification and (1) Is a citizen of the United States;
operations specifications requirements (2) Obtains an Air Carrier Certificate;
in subpart C of this part; and
(2) Conduct those operations in ac- (3) Obtains operations specifications
cordance with the requirements of part that prescribe the authorizations, limi-
135 of this chapter, except for those re- tations, and procedures under which
quirements applicable only to com- each kind of operation must be con-
muter operations; and ducted.
(3) Be issued operations specifica- (b) A person other than a direct air
carrier may not conduct any commer-
tions in accordance with those require-
cial passenger or cargo aircraft oper-
ments.
ation for compensation or hire under
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as part 121 or part 135 of this chapter un-
amended by Amdt. 119–2, 61 FR 30434, June less that person—
spaschal on DSKJM0X7X2PROD with CFR

14, 1996] (1) Is a citizen of the United States;


(2) Obtains an Operating Certificate;
and

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Federal Aviation Administration, DOT § 119.36

(3) Obtains operations specifications prescribed by the Administrator to the


that prescribe the authorizations, limi- responsible Flight Standards office.
tations, and procedures under which (b) Each application submitted under
each kind of operation must be con- paragraph (a) of this section must con-
ducted. tain a signed statement showing the
(c) Each applicant for a certificate following:
under this part and each applicant for (1) For corporate applicants:
operations specifications authorizing a (i) The name and address of each
new kind of operation that is subject to stockholder who owns 5 percent or
§ 121.163 or § 135.145 of this chapter shall more of the total voting stock of the
conduct proving tests as authorized by corporation, and if that stockholder is
the Administrator during the applica- not the sole beneficial owner of the
tion process for authority to conduct stock, the name and address of each
operations under part 121 or part 135 of beneficial owner. An individual is con-
this chapter. All proving tests must be sidered to own the stock owned, di-
conducted in a manner acceptable to rectly or indirectly, by or for his or her
the Administrator. All proving tests spouse, children, grandchildren, or par-
must be conducted under the appro- ents.
priate operating and maintenance re- (ii) The name and address of each di-
quirements of part 121 or 135 of this rector and each officer and each person
chapter that would apply if the appli- employed or who will be employed in a
cant were fully certificated. The Ad- management position described in
ministrator will issue a letter of au- §§ 119.65 and 119.69, as applicable.
thorization to each person stating the (iii) The name and address of each
various authorities under which the person directly or indirectly control-
proving tests shall be conducted. ling or controlled by the applicant and
each person under direct or indirect
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
control with the applicant.
amended by Amdt. 119–2, 61 FR 30434, June
14, 1996] (2) For non-corporate applicants:
(i) The name and address of each per-
§ 119.35 Certificate application re- son having a financial interest therein
quirements for all operators. and the nature and extent of that in-
terest.
(a) A person applying to the Adminis-
(ii) The name and address of each
trator for an Air Carrier Certificate or
person employed or who will be em-
Operating Certificate under this part
ployed in a management position de-
(applicant) must submit an applica-
scribed in §§ 119.65 and 119.69, as appli-
tion—
cable.
(1) In a form and manner prescribed
(c) In addition, each applicant for the
by the Administrator; and
original issue of an operating certifi-
(2) Containing any information the cate under paragraph (a) of this section
Administrator requires the applicant must submit with the application a
to submit. signed statement showing—
(b) Each applicant must submit the (1) The nature and scope of its in-
application to the Administrator at tended operation, including the name
least 90 days before the date of in- and address of each person, if any, with
tended operation. whom the applicant has a contract to
[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 provide services as a commercial oper-
FR 15570, Apr. 1, 1997] ator and the scope, nature, date, and
duration of each of those contracts;
§ 119.36 Additional certificate applica- and
tion requirements for commercial (2) For applicants intending to con-
operators. duct operations under part 121 of this
(a) Each applicant for the original chapter, the financial information list-
issue of an operating certificate for the ed in paragraph (e) of this section.
purpose of conducting intrastate com- (d) Each applicant for, or holder of, a
spaschal on DSKJM0X7X2PROD with CFR

mon carriage operations under part 121 certificate issued under paragraph (a)
or part 135 of this chapter must submit of this section, shall notify the Admin-
an application in a form and manner istrator within 10 days after—

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§ 119.37 14 CFR Ch. I (1–1–21 Edition)

(1) A change in any of the persons, or (i) Acquisition of property and equip-
the names and addresses of any of the ment (explain);
persons, submitted to the Adminis- (ii) Retirement of debt (explain);
trator under paragraph (b)(1) or (b)(2) (iii) Additional working capital (ex-
of this section; or plain);
(2) For applicants intending to con- (iv) Operating losses other than de-
duct operations under part 121 of this preciation and amortization (explain);
chapter, a change in the financial in- and
formation submitted to the Adminis- (v) Other (explain).
trator under paragraph (e) of this sec- (6) An estimate of the cash that will
tion that occurs while the application be available during the first 6 months
for the issue is pending before the FAA after the month in which the certifi-
and that would make the applicant’s fi- cate is expected to be issued, from—
nancial situation substantially less fa- (i) Sale of property or flight equip-
vorable than originally reported. ment (explain);
(e) Each applicant for the original (ii) New debt (explain);
issue of an operating certificate under (iii) New equity (explain);
paragraph (a) of this section who in- (iv) Working capital reduction (ex-
tends to conduct operations under part plain);
121 of this chapter must submit the fol- (v) Operations (profits) (explain);
lowing financial information: (vi) Depreciation and amortization
(explain); and
(1) A balance sheet that shows assets,
(vii) Other (explain).
liabilities, and net worth, as of a date
(7) A schedule of insurance coverage
not more than 60 days before the date
in effect on the balance sheet date
of application.
showing insurance companies; policy
(2) An itemization of liabilities more numbers; types, amounts, and period of
than 60 days past due on the balance coverage; and special conditions, exclu-
sheet date, if any, showing each credi- sions, and limitations.
tor’s name and address, a description of (8) Any other financial information
the liability, and the amount and due that the Administrator requires to en-
date of the liability. able him or her to determine that the
(3) An itemization of claims in litiga- applicant has sufficient financial re-
tion, if any, against the applicant as of sources to conduct his or her oper-
the date of application showing each ations with the degree of safety re-
claimant’s name and address and a de- quired in the public interest.
scription and the amount of the claim. (f) Each financial statement con-
(4) A detailed projection of the pro- taining financial information required
posed operation covering 6 complete by paragraph (e) of this section must
months after the month in which the be based on accounts prepared and
certificate is expected to be issued in- maintained on an accrual basis in ac-
cluding— cordance with generally accepted ac-
(i) Estimated amount and source of counting principles applied on a con-
both operating and nonoperating rev- sistent basis, and must contain the
enue, including identification of its ex- name and address of the applicant’s
isting and anticipated income pro- public accounting firm, if any. Infor-
ducing contracts and estimated rev- mation submitted must be signed by an
enue per mile or hour of operation by officer, owner, or partner of the appli-
aircraft type; cant or certificate holder.
(ii) Estimated amount of operating
[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62
and nonoperating expenses by expense FR 15570, Apr. 1, 1997, as amended by Docket
objective classification; and FAA–2018–0119, Amdt. 119–19, 83 FR 9172, Mar.
(iii) Estimated net profit or loss for 5, 2018]
the period.
(5) An estimate of the cash that will § 119.37 Contents of an Air Carrier
be needed for the proposed operations Certificate or Operating Certificate.
spaschal on DSKJM0X7X2PROD with CFR

during the first 6 months after the The Air Carrier Certificate or Oper-
month in which the certificate is ex- ating Certificate includes—
pected to be issued, including— (a) The certificate holder’s name;

22

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Federal Aviation Administration, DOT § 119.41

(b) The location of the certificate revoked, and that individual materi-
holder’s principal base of operations; ally contributed to the circumstances
(c) The certificate number; causing revocation or causing the rev-
(d) The certificate’s effective date; ocation process; or
and (5) In the case of an applicant for an
(e) The name or the designator of the Operating Certificate for intrastate
responsible Flight Standards office. common carriage, that for financial
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, reasons the applicant is not able to
as amended by Docket FAA–2018–0119, Amdt. conduct a safe operation.
119–19, 83 FR 9172, Mar. 5, 2018]
§ 119.41 Amending a certificate.
§ 119.39 Issuing or denying a certifi-
cate. (a) The Administrator may amend
(a) An applicant may be issued an Air any certificate issued under this part
Carrier Certificate or Operating Cer- if—
tificate if, after investigation, the Ad- (1) The Administrator determines,
ministrator finds that the applicant— under 49 U.S.C. 44709 and part 13 of this
(1) Meets the applicable requirements chapter, that safety in air commerce
of this part; and the public interest requires the
(2) Holds the economic authority ap- amendment; or
plicable to the kinds of operations to (2) The certificate holder applies for
be conducted, issued by the Depart- the amendment and the responsible
ment of Transportation, if required; Flight Standards office determines
and that safety in air commerce and the
(3) Is properly and adequately public interest allows the amendment.
equipped in accordance with the re- (b) When the Administrator proposes
quirements of this chapter and is able to issue an order amending, sus-
to conduct a safe operation under ap- pending, or revoking all or part of any
propriate provisions of part 121 or part
certificate, the procedure in § 13.19 of
135 of this chapter and operations spec-
this chapter applies.
ifications issued under this part.
(b) An application for a certificate (c) When the certificate holder ap-
may be denied if the Administrator plies for an amendment of its certifi-
finds that— cate, the following procedure applies:
(1) The applicant is not properly or (1) The certificate holder must file an
adequately equipped or is not able to application to amend its certificate
conduct safe operations under this sub- with the responsible Flight Standards
chapter; office at least 15 days before the date
(2) The applicant previously held an proposed by the applicant for the
Air Carrier Certificate or Operating amendment to become effective, unless
Certificate which was revoked; the administrator approves filing with-
(3) The applicant intends to or fills a in a shorter period; and
key management position listed in (2) The application must be sub-
§ 119.65(a) or § 119.69(a), as applicable, mitted to the responsible Flight Stand-
with an individual who exercised con- ards office in the form and manner pre-
trol over or who held the same or a scribed by the Administrator.
similar position with a certificate
(d) When a certificate holder seeks
holder whose certificate was revoked,
reconsideration of a decision from the
or is in the process of being revoked,
responsible Flight Standards office
and that individual materially contrib-
uted to the circumstances causing rev- concerning amendments of a certifi-
ocation or causing the revocation proc- cate, the following procedure applies:
ess; (1) The petition for reconsideration
(4) An individual who will have con- must be made within 30 days after the
trol over or have a substantial owner- certificate holder receives the notice of
ship interest in the applicant had the denial; and
spaschal on DSKJM0X7X2PROD with CFR

same or similar control or interest in a


certificate holder whose certificate was
revoked, or is in the process of being

23

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§ 119.43 14 CFR Ch. I (1–1–21 Edition)

(2) The certificate holder must peti- § 119.49 Contents of operations speci-
tion for reconsideration to the Execu- fications.
tive Director, Flight Standards Serv- (a) Each certificate holder con-
ice. ducting domestic, flag, or commuter
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, operations must obtain operations
as amended by Docket FAA–2018–0119, Amdt. specifications containing all of the fol-
119–19, 83 FR 9172, Mar. 5, 2018] lowing:
(1) The specific location of the cer-
§ 119.43 Certificate holder’s duty to tificate holder’s principal base of oper-
maintain operations specifications. ations and, if different, the address
(a) Each certificate holder shall that shall serve as the primary point of
maintain a complete and separate set contact for correspondence between the
of its operations specifications at its FAA and the certificate holder and the
principal base of operations. name and mailing address of the cer-
(b) Each certificate holder shall in- tificate holder’s agent for service.
sert pertinent excerpts of its oper- (2) Other business names under which
ations specifications, or references the certificate holder may operate.
thereto, in its manual and shall— (3) Reference to the economic author-
(1) Clearly identify each such excerpt ity issued by the Department of Trans-
as a part of its operations specifica- portation, if required.
tions; and (4) Type of aircraft, registration
(2) State that compliance with each markings, and serial numbers of each
aircraft authorized for use, each reg-
operations specifications requirement
ular and alternate airport to be used in
is mandatory.
scheduled operations, and, except for
(c) Each certificate holder shall keep commuter operations, each provisional
each of its employees and other persons and refueling airport.
used in its operations informed of the
(i) Subject to the approval of the Ad-
provisions of its operations specifica- ministrator with regard to form and
tions that apply to that employee’s or content, the certificate holder may in-
person’s duties and responsibilities. corporate by reference the items listed
in paragraph (a)(4) of this section into
§ 119.45 [Reserved]
the certificate holder’s operations
§ 119.47 Maintaining a principal base specifications by maintaining a cur-
of operations, main operations base, rent listing of those items and by refer-
and main maintenance base; change ring to the specific list in the applica-
of address. ble paragraph of the operations speci-
fications.
(a) Each certificate holder must
(ii) The certificate holder may not
maintain a principal base of oper-
conduct any operation using any air-
ations. Each certificate holder may
craft or airport not listed.
also establish a main operations base
(5) Kinds of operations authorized.
and a main maintenance base which
(6) Authorization and limitations for
may be located at either the same loca-
routes and areas of operations.
tion as the principal base of operations
or at separate locations. (7) Airport limitations.
(b) At least 30 days before it proposes (8) Time limitations, or standards for
determining time limitations, for over-
to establish or change the location of
hauling, inspecting, and checking air-
its principal base of operations, its
frames, engines, propellers, rotors, ap-
main operations base, or its main
pliances, and emergency equipment.
maintenance base, a certificate holder
(9) Authorization for the method of
must provide written notification to
controlling weight and balance of air-
its responsible Flight Standards office. craft.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, (10) Interline equipment interchange
spaschal on DSKJM0X7X2PROD with CFR

as amended by Docket FAA–2018–0119, Amdt. requirements, if relevant.


119–19, 83 FR 9172, Mar. 5, 2018] (11) Aircraft wet lease information
required by § 119.53(c).

24

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Federal Aviation Administration, DOT § 119.49

(12) Any authorized deviation and ex- (10) Aircraft wet lease information
emption granted from any requirement required by § 119.53(c).
of this chapter. (11) Any authorization or require-
(13) An authorization permitting, or ment to conduct supplemental oper-
a prohibition against, accepting, han- ations as provided by § 119.21(a)(3).
dling, and transporting materials regu- (12) Any authorized deviation or ex-
lated as hazardous materials in trans- emption from any requirement of this
port under 49 CFR parts 171 through chapter.
180. (13) An authorization permitting, or
(14) Any other item the Adminis- a prohibition against, accepting, han-
trator determines is necessary. dling, and transporting materials regu-
(b) Each certificate holder con- lated as hazardous materials in trans-
ducting supplemental operations must port under 49 CFR parts 171 through
obtain operations specifications con- 180.
taining all of the following: (14) Any other item the Adminis-
(1) The specific location of the cer- trator determines is necessary.
tificate holder’s principal base of oper- (c) Each certificate holder con-
ations, and, if different, the address ducting on-demand operations must ob-
that shall serve as the primary point of tain operations specifications con-
contact for correspondence between the taining all of the following:
FAA and the certificate holder and the (1) The specific location of the cer-
name and mailing address of the cer- tificate holder’s principal base of oper-
tificate holder’s agent for service. ations, and if different, the address
(2) Other business names under which that shall serve as the primary point of
the certificate holder may operate. contact for correspondence between the
(3) Reference to the economic author- FAA and the name and mailing address
ity issued by the Department of Trans- of the certificate holder’s agent for
portation, if required. service.
(4) Type of aircraft, registration (2) Other business names under which
markings, and serial number of each the certificate holder may operate.
aircraft authorized for use. (3) Reference to the economic author-
(i) Subject to the approval of the Ad- ity issued by the Department of Trans-
ministrator with regard to form and portation, if required.
content, the certificate holder may in- (4) Kind and area of operations au-
corporate by reference the items listed thorized.
in paragraph (b)(4) of this section into (5) Category and class of aircraft that
the certificate holder’s operations may be used in those operations.
specifications by maintaining a cur- (6) Type of aircraft, registration
rent listing of those items and by refer- markings, and serial number of each
ring to the specific list in the applica- aircraft that is subject to an airworthi-
ble paragraph of the operations speci- ness maintenance program required by
fications. § 135.411(a)(2) of this chapter.
(ii) The certificate holder may not (i) Subject to the approval of the Ad-
conduct any operation using any air- ministrator with regard to form and
craft not listed. content, the certificate holder may in-
(5) Kinds of operations authorized. corporate by reference the items listed
(6) Authorization and limitations for in paragraph (c)(6) of this section into
routes and areas of operations. the certificate holder’s operations
(7) Special airport authorizations and specifications by maintaining a cur-
limitations. rent listing of those items and by refer-
(8) Time limitations, or standards for ring to the specific list in the applica-
determining time limitations, for over- ble paragraph of the operations speci-
hauling, inspecting, and checking air- fications.
frames, engines, propellers, appliances, (ii) The certificate holder may not
and emergency equipment. conduct any operation using any air-
spaschal on DSKJM0X7X2PROD with CFR

(9) Authorization for the method of craft not listed.


controlling weight and balance of air- (7) Registration markings of each air-
craft. craft that is to be inspected under an

25

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§ 119.51 14 CFR Ch. I (1–1–21 Edition)

approved aircraft inspection program (3) After considering all material pre-
under § 135.419 of this chapter. sented, the responsible Flight Stand-
(8) Time limitations or standards for ards office notifies the certificate hold-
determining time limitations, for over- er of—
hauls, inspections, and checks for air- (i) The adoption of the proposed
frames, engines, propellers, rotors, ap- amendment;
pliances, and emergency equipment of (ii) The partial adoption of the pro-
aircraft that are subject to an air- posed amendment; or
worthiness maintenance program re- (iii) The withdrawal of the proposed
quired by § 135.411(a)(2) of this chapter. amendment.
(9) Additional maintenance items re- (4) If the responsible Flight Stand-
quired by the Administrator under ards office issues an amendment to the
§ 135.421 of this chapter. operations specifications, it becomes
(10) Aircraft wet lease information effective not less than 30 days after the
required by § 119.53(c). certificate holder receives notice of it
(11) Any authorized deviation or ex- unless—
emption from any requirement of this (i) The responsible Flight Standards
chapter. office finds under paragraph (e) of this
(12) An authorization permitting, or section that there is an emergency re-
a prohibition against, accepting, han- quiring immediate action with respect
dling, and transporting materials regu- to safety in air commerce; or
lated as hazardous materials in trans- (ii) The certificate holder petitions
port under 49 CFR parts 171 through for reconsideration of the amendment
180. under paragraph (d) of this section.
(13) Any other item the Adminis- (c) When the certificate holder ap-
trator determines is necessary. plies for an amendment to its oper-
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as ations specifications, the following
amended by Amdt. 119–10, 70 FR 58823, Oct. 7, procedure applies:
2005; Amdt. 119–13, 75 FR 26645, May 12, 2010] (1) The certificate holder must file an
application to amend its operations
§ 119.51 Amending operations speci- specifications—
fications. (i) At least 90 days before the date
(a) The Administrator may amend proposed by the applicant for the
any operations specifications issued amendment to become effective, unless
under this part if— a shorter time is approved, in cases of
(1) The Administrator determines mergers; acquisitions of airline oper-
that safety in air commerce and the ational assets that require an addi-
public interest require the amendment; tional showing of safety (e.g., proving
or tests); changes in the kind of operation
(2) The certificate holder applies for as defined in § 110.2; resumption of oper-
the amendment, and the Administrator ations following a suspension of oper-
determines that safety in air com- ations as a result of bankruptcy ac-
merce and the public interest allows tions; or the initial introduction of air-
the amendment. craft not before proven for use in air
(b) Except as provided in paragraph carrier or commercial operator oper-
(e) of this section, when the Adminis- ations.
trator initiates an amendment to a cer- (ii) At least 15 days before the date
tificate holder’s operations specifica- proposed by the applicant for the
tions, the following procedure applies: amendment to become effective in all
(1) The responsible Flight Standards other cases.
office notifies the certificate holder in (2) The application must be sub-
writing of the proposed amendment. mitted to the responsible Flight Stand-
(2) The responsible Flight Standards ards office in a form and manner pre-
office sets a reasonable period (but not scribed by the Administrator.
less than 7 days) within which the cer- (3) After considering all material pre-
spaschal on DSKJM0X7X2PROD with CFR

tificate holder may submit written in- sented, the responsible Flight Stand-
formation, views, and arguments on ards office notifies the certificate hold-
the amendment. er of—

26

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Federal Aviation Administration, DOT § 119.53

(i) The adoption of the applied for (2) In the notice to the certificate
amendment; holder, the responsible Flight Stand-
(ii) The partial adoption of the ap- ards office articulates the reasons for
plied for amendment; or its finding that an emergency exists re-
(iii) The denial of the applied for quiring immediate action with respect
amendment. The certificate holder to safety in air transportation or air
may petition for reconsideration of a commerce or that makes it impracti-
denial under paragraph (d) of this sec- cable or contrary to the public interest
tion. to stay the effectiveness of the amend-
(4) If the responsible Flight Stand- ment.
ards office approves the amendment, [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
following coordination with the certifi- amended by Amdt. 119–14, 76 FR 7488, Feb. 10,
cate holder regarding its implementa- 2011; Docket FAA–2018–0119, Amdt. 119–19, 83
tion, the amendment is effective on the FR 9172, Mar. 5, 2018]
date the Administrator approves it.
(d) When a certificate holder seeks § 119.53 Wet leasing of aircraft and
reconsideration of a decision from the other arrangements for transpor-
responsible Flight Standards office tation by air.
concerning the amendment of oper- (a) Unless otherwise authorized by
ations specifications, the following the Administrator, prior to conducting
procedure applies: operations involving a wet lease, each
(1) The certificate holder must peti- certificate holder under this part au-
tion for reconsideration of that deci- thorized to conduct common carriage
sion within 30 days of the date that the operations under this subchapter shall
certificate holder receives a notice of provide the Administrator with a copy
denial of the amendment to its oper- of the wet lease to be executed which
ations specifications, or of the date it would lease the aircraft to any other
receives notice of an FAA-initiated person engaged in common carriage op-
amendment to its operations specifica- erations under this subchapter, includ-
tions, whichever circumstance applies. ing foreign air carriers, or to any other
(2) The certificate holder must ad- foreign person engaged in common car-
dress its petition to the Executive Di- riage wholly outside the United States.
rector, Flight Standards Service. (b) No certificate holder under this
(3) A petition for reconsideration, if part may wet lease from a foreign air
filed within the 30-day period, suspends carrier or any other foreign person or
the effectiveness of any amendment any person not authorized to engage in
issued by the responsible Flight Stand- common carriage.
ards office unless the responsible (c) Upon receiving a copy of a wet
Flight Standards office has found, lease, the Administrator determines
under paragraph (e) of this section, which party to the agreement has oper-
that an emergency exists requiring im- ational control of the aircraft and
mediate action with respect to safety issues amendments to the operations
in air transportation or air commerce. specifications of each party to the
(4) If a petition for reconsideration is agreement, as needed. The lessor must
not filed within 30 days, the procedures provide the following information to be
of paragraph (c) of this section apply. incorporated into the operations speci-
(e) If the responsible Flight Stand- fications of both parties, as needed.
ards office finds that an emergency ex- (1) The names of the parties to the
ists requiring immediate action with agreement and the duration thereof.
respect to safety in air commerce or (2) The nationality and registration
air transportation that makes the pro- markings of each aircraft involved in
cedures set out in this section imprac- the agreement.
ticable or contrary to the public inter- (3) The kind of operation (e.g., do-
est: mestic, flag, supplemental, commuter,
(1) The responsible Flight Standards or on-demand).
office amends the operations specifica- (4) The airports or areas of operation.
spaschal on DSKJM0X7X2PROD with CFR

tions and makes the amendment effec- (5) A statement specifying the party
tive on the day the certificate holder deemed to have operational control and
receives notice of it. the times, airports, or areas under

27

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§ 119.55 14 CFR Ch. I (1–1–21 Edition)

which such operational control is exer- part 135 of this chapter applicable to
cised. supplemental or on-demand operations.
(d) In making the determination of [Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
paragraph (c) of this section, the Ad- amended by Amdt. 119–14, 76 FR 7488, Feb. 10,
ministrator will consider the following: 2011]
(1) Crewmembers and training.
§ 119.55 Obtaining deviation authority
(2) Airworthiness and performance of to perform operations under a U.S.
maintenance. military contract.
(3) Dispatch.
(a) The Administrator may authorize
(4) Servicing the aircraft. a certificate holder that is authorized
(5) Scheduling. to conduct supplemental or on-demand
(6) Any other factor the Adminis- operations to deviate from the applica-
trator considers relevant. ble requirements of this part, part 117,
(e) Other arrangements for transpor- part 121, or part 135 of this chapter in
tation by air: Except as provided in order to perform operations under a
paragraph (f) of this section, a certifi- U.S. military contract.
cate holder under this part operating (b) A certificate holder that has a
under part 121 or 135 of this chapter contract with the U.S. Department of
may not conduct any operation for an- Defense’s Air Mobility Command
other certificate holder under this part (AMC) must submit a request for devi-
or a foreign air carrier under part 129 ation authority to AMC. AMC will re-
of this chapter or a foreign person en- view the requests, then forward the
gaged in common carriage wholly out- carriers’ consolidated requests, along
side the United States unless it holds with AMC’s recommendations, to the
FAA for review and action.
applicable Department of Transpor-
(c) The Administrator may authorize
tation economic authority, if required,
a deviation to perform operations
and is authorized under its operations under a U.S. military contract under
specifications to conduct the same the following conditions—
kinds of operations (as defined in (1) The Department of Defense cer-
§ 110.2). The certificate holder con- tifies to the Administrator that the op-
ducting the substitute operation must eration is essential to the national de-
conduct that operation in accordance fense;
with the same operations authority (2) The Department of Defense fur-
held by the certificate holder arranging ther certifies that the certificate hold-
for the substitute operation. These sub- er cannot perform the operation with-
stitute operations must be conducted out deviation authority;
between airports for which the sub- (3) The certificate holder will per-
stitute certificate holder holds author- form the operation under a contract or
ity for scheduled operations or within subcontract for the benefit of a U.S.
areas of operations for which the sub- armed service; and
stitute certificate holder has authority (4) The Administrator finds that the
for supplemental or on-demand oper- deviation is based on grounds other
ations. than economic advantage either to the
certificate holder or to the United
(f) A certificate holder under this
States.
part may, if authorized by the Depart-
(d) In the case where the Adminis-
ment of Transportation under § 380.3 of trator authorizes a deviation under
this title and the Administrator in the this section, the Administrator will
case of interstate commuter, interstate issue an appropriate amendment to the
domestic, and flag operations, or the certificate holder’s operations speci-
Administrator in the case of scheduled fications.
intrastate common carriage oper- (e) The Administrator may, at any
ations, conduct one or more flights for time, terminate any grant of deviation
passengers who are stranded because of authority issued under this section.
spaschal on DSKJM0X7X2PROD with CFR

the cancellation of their scheduled


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
flights. These flights must be con- amended by Amdt. 119–16, 77 FR 402, Jan. 4,
ducted under the rules of part 121 or 2012]

28

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Federal Aviation Administration, DOT § 119.61

§ 119.57 Obtaining deviation authority (2) Allow the Administrator to make


to perform an emergency operation. any test or inspection to determine
(a) In emergency conditions, the Ad- compliance respecting any matter stat-
ministrator may authorize deviations ed in paragraph (a) of this section.
if— (c) Each employee of, or person used
(1) Those conditions necessitate the by, the certificate holder who is re-
transportation of persons or supplies sponsible for maintaining the certifi-
for the protection of life or property; cate holder’s records must make those
and records available to the Administrator.
(2) The Administrator finds that a de- (d) The Administrator may deter-
viation is necessary for the expeditious mine a certificate holder’s continued
conduct of the operations. eligibility to hold its certificate and/or
(b) When the Administrator author- operations specifications on any
izes deviations for operations under grounds listed in paragraph (a) of this
emergency conditions— section, or any other appropriate
(1) The Administrator will issue an grounds.
appropriate amendment to the certifi- (e) Failure by any certificate holder
cate holder’s operations specifications; to make available to the Administrator
or upon request, the certificate, oper-
(2) If the nature of the emergency ations specifications, or any required
does not permit timely amendment of record, document, or report is grounds
the operations specifications— for suspension of all or any part of the
(i) The Administrator may authorize certificate holder’s certificate and op-
the deviation orally; and erations specifications.
(ii) The certificate holder shall pro- (f) In the case of operators con-
vide documentation describing the na- ducting intrastate common carriage
ture of the emergency to the respon- operations, these inspections and tests
sible Flight Standards office within 24 include inspections and tests of finan-
hours after completing the operation. cial books and records.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995,
as amended by Docket FAA–2018–0119, Amdt. § 119.61 Duration and surrender of
119–19, 83 FR 9172, Mar. 5, 2018] certificate and operations specifica-
tions.
§ 119.59 Conducting tests and inspec-
tions. (a) An Air Carrier Certificate or Op-
erating Certificate issued under this
(a) At any time or place, the Admin- part is effective until—
istrator may conduct an inspection or (1) The certificate holder surrenders
test to determine whether a certificate it to the Administrator; or
holder under this part is complying
(2) The Administrator suspends, re-
with title 49 of the United States Code,
vokes, or otherwise terminates the cer-
applicable regulations, the certificate,
tificate.
or the certificate holder’s operations
specifications. (b) Operations specifications issued
(b) The certificate holder must— under this part, part 121, or part 135 of
(1) Make available to the Adminis- this chapter are effective unless—
trator at the certificate holder’s prin- (1) The Administrator suspends, re-
cipal base of operations— vokes, or otherwise terminates the cer-
(i) The certificate holder’s Air Car- tificate;
rier Certificate or the certificate hold- (2) The operations specifications are
er’s Operating Certificate and the cer- amended as provided in § 119.51;
tificate holder’s operations specifica- (3) The certificate holder does not
tions; and conduct a kind of operation for more
(ii) A current listing that will include than the time specified in § 119.63 and
the location and persons responsible fails to follow the procedures of § 119.63
for each record, document, and report upon resuming that kind of operation;
required to be kept by the certificate or
spaschal on DSKJM0X7X2PROD with CFR

holder under title 49 of the United (4) The Administrator suspends or re-
States Code applicable to the operation vokes the operations specifications for
of the certificate holder. a kind of operation.

29

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§ 119.63 14 CFR Ch. I (1–1–21 Edition)

(c) Within 30 days after a certificate technical personnel to ensure the high-
holder terminates operations under est degree of safety in its operations.
part 135 of this chapter, the operating The certificate holder must have quali-
certificate and operations specifica- fied personnel serving full-time in the
tions must be surrendered by the cer- following or equivalent positions:
tificate holder to the responsible (1) Director of Safety.
Flight Standards office. (2) Director of Operations.
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, (3) Chief Pilot.
as amended by Docket FAA–2018–0119, Amdt. (4) Director of Maintenance.
119–19, 83 FR 9172, Mar. 5, 2018] (5) Chief Inspector.
(b) The Administrator may approve
§ 119.63 Recency of operation.
positions or numbers of positions other
(a) Except as provided in paragraph than those listed in paragraph (a) of
(b) of this section, no certificate holder this section for a particular operation
may conduct a kind of operation for if the certificate holder shows that it
which it holds authority in its oper- can perform the operation with the
ations specifications unless the certifi- highest degree of safety under the di-
cate holder has conducted that kind of rection of fewer or different categories
operation within the preceding number of management personnel due to—
of consecutive calendar days specified (1) The kind of operation involved;
in this paragraph: (2) The number and type of airplanes
(1) For domestic, flag, or commuter used; and
operations—30 days. (3) The area of operations.
(2) For supplemental or on-demand
(c) The title of the positions required
operations—90 days, except that if the
under paragraph (a) of this section or
certificate holder has authority to con-
the title and number of equivalent po-
duct domestic, flag, or commuter oper-
sitions approved under paragraph (b) of
ations, and has conducted domestic,
this section shall be set forth in the
flag or commuter operations within the
certificate holder’s operations speci-
previous 30 days, this paragraph does
fications.
not apply.
(b) If a certificate holder does not (d) The individuals who serve in the
conduct a kind of operation for which positions required or approved under
it is authorized in its operations speci- paragraph (a) or (b) of this section and
fications within the number of cal- anyone in a position to exercise control
endar days specified in paragraph (a) of over operations conducted under the
this section, it shall not conduct such operating certificate must—
kind of operation unless— (1) Be qualified through training, ex-
(1) It advises the Administrator at perience, and expertise;
least 5 consecutive calendar days be- (2) To the extent of their responsibil-
fore resumption of that kind of oper- ities, have a full understanding of the
ation; and following materials with respect to the
(2) It makes itself available and ac- certificate holder’s operation—
cessible during the 5 consecutive cal- (i) Aviation safety standards and safe
endar day period in the event that the operating practices;
FAA decides to conduct a full inspec- (ii) 14 CFR Chapter I (Federal Avia-
tion reexamination to determine tion Regulations);
whether the certificate holder remains (iii) The certificate holder’s oper-
properly and adequately equipped and ations specifications;
able to conduct a safe operation. (iv) All appropriate maintenance and
airworthiness requirements of this
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
amended by Amdt. 119–2, 61 FR 30434, June
chapter (e.g., parts 1, 21, 23, 25, 43, 45,
14, 1996] 47, 65, 91, and 121 of this chapter); and
(v) The manual required by § 121.133
§ 119.65 Management personnel re- of this chapter; and
quired for operations conducted (3) Discharge their duties to meet ap-
spaschal on DSKJM0X7X2PROD with CFR

under part 121 of this chapter. plicable legal requirements and to


(a) Each certificate holder must have maintain safe operations.
sufficient qualified management and (e) Each certificate holder must:

30

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Federal Aviation Administration, DOT § 119.67

(1) State in the general policy provi- transport pilot certificate with appro-
sions of the manual required by priate ratings for at least one of the
§ 121.133 of this chapter, the duties, re- airplanes used in the certificate hold-
sponsibilities, and authority of per- er’s operation and:
sonnel required under paragraph (a) of (1) In the case of a person becoming a
this section; Chief Pilot for the first time ever, have
(2) List in the manual the names and at least 3 years experience, within the
business addresses of the individuals past 6 years, as pilot in command of a
assigned to those positions; and large airplane operated under part 121
(3) Notify the responsible Flight or part 135 of this chapter, if the cer-
Standards office within 10 days of any tificate holder operates large airplanes.
change in personnel or any vacancy in If the certificate holder uses only small
any position listed. airplanes in its operation, the experi-
[Docket No. 28154, 60 FR 65913, Dec. 20, 1995,
ence may be obtained in either large or
as amended by Docket FAA–2018–0119, Amdt. small airplanes.
119–19, 83 FR 9172, Mar. 5, 2018] (2) In the case of a person with pre-
vious experience as a Chief Pilot, have
§ 119.67 Management personnel: Quali- at least 3 years experience, as pilot in
fications for operations conducted command of a large airplane operated
under part 121 of this chapter. under part 121 or part 135 of this chap-
(a) To serve as Director of Operations ter, if the certificate holder operates
under § 119.65(a) a person must— large airplanes. If the certificate hold-
(1) Hold an airline transport pilot er uses only small airplanes in its oper-
certificate; ation, the experience may be obtained
(2) Have at least 3 years supervisory in either large or small airplanes.
or managerial experience within the (c) To serve as Director of Mainte-
last 6 years in a position that exercised nance under § 119.65(a) a person must—
operational control over any oper- (1) Hold a mechanic certificate with
ations conducted with large airplanes airframe and powerplant ratings;
under part 121 or part 135 of this chap- (2) Have 1 year of experience in a po-
ter, or if the certificate holder uses sition responsible for returning air-
only small airplanes in its operations, planes to service;
the experience may be obtained in (3) Have at least 1 year of experience
large or small airplanes; and in a supervisory capacity under either
(3) In the case of a person becoming a paragraph (c)(4)(i) or (c)(4)(ii) of this
Director of Operations— section maintaining the same category
(i) For the first time ever, have at and class of airplane as the certificate
least 3 years experience, within the holder uses; and
past 6 years, as pilot in command of a (4) Have 3 years experience within
large airplane operated under part 121 the past 6 years in one or a combina-
or part 135 of this chapter, if the cer- tion of the following—
tificate holder operates large airplanes. (i) Maintaining large airplanes with
If the certificate holder uses only small 10 or more passenger seats, including
airplanes in its operation, the experi- at the time of appointment as Director
ence may be obtained in either large or of Maintenance, experience in main-
small airplanes. taining the same category and class of
(ii) In the case of a person with pre- airplane as the certificate holder uses;
vious experience as a Director of Oper- or
ations, have at least 3 years experience (ii) Repairing airplanes in a certifi-
as pilot in command of a large airplane cated airframe repair station that is
operated under part 121 or part 135 of rated to maintain airplanes in the
this chapter, if the certificate holder same category and class of airplane as
operates large airplanes. If the certifi- the certificate holder uses.
cate holder uses only small airplanes in (d) To serve as Chief Inspector under
its operation, the experience may be § 119.65(a) a person must—
obtained in either large or small air- (1) Hold a mechanic certificate with
spaschal on DSKJM0X7X2PROD with CFR

planes. both airframe and powerplant ratings,


(b) To serve as Chief Pilot under and have held these ratings for at least
§ 119.65(a) a person must hold an airline 3 years;

31

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§ 119.69 14 CFR Ch. I (1–1–21 Edition)

(2) Have at least 3 years of mainte- can perform the operation with the
nance experience on different types of highest degree of safety under the di-
large airplanes with 10 or more pas- rection of fewer or different categories
senger seats with an air carrier or cer- of management personnel due to—
tificated repair station, 1 year of which (1) The kind of operation involved;
must have been as maintenance inspec- (2) The number and type of aircraft
tor; and used; and
(3) Have at least 1 year of experience (3) The area of operations.
in a supervisory capacity maintaining (c) The title of the positions required
the same category and class of aircraft under paragraph (a) of this section or
as the certificate holder uses. the title and number of equivalent po-
(e) A certificate holder may request a sitions approved under paragraph (b) of
deviation to employ a person who does this section shall be set forth in the
not meet the appropriate airman expe- certificate holder’s operations speci-
rience, managerial experience, or su- fications.
pervisory experience requirements of (d) The individuals who serve in the
this section if the Manager of the Air positions required or approved under
Transportation Division, AFS–200, or paragraph (a) or (b) of this section and
the Manager of the Aircraft Mainte- anyone in a position to exercise control
nance Division, AFS–300, as appro- over operations conducted under the
priate, finds that the person has com- operating certificate must—
parable experience, and can effectively (1) Be qualified through training, ex-
perform the functions associated with perience, and expertise;
the position in accordance with the re- (2) To the extent of their responsibil-
quirements of this chapter and the pro- ities, have a full understanding of the
cedures outlined in the certificate following material with respect to the
holder’s manual. Grants of deviation certificate holder’s operation—
under this paragraph may be granted (i) Aviation safety standards and safe
after consideration of the size and operating practices;
scope of the operation and the quali- (ii) 14 CFR Chapter I (Federal Avia-
fications of the intended personnel. tion Regulations);
The Administrator may, at any time, (iii) The certificate holder’s oper-
terminate any grant of deviation au- ations specifications;
thority issued under this paragraph. (iv) All appropriate maintenance and
airworthiness requirements of this
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as
chapter (e.g., parts 1, 21, 23, 25, 43, 45,
amended by Amdt. 119–2, 61 FR 30434, June
14, 1996; Amdt. 119–3, 62 FR 13255, Mar. 19, 47, 65, 91, and 135 of this chapter); and
1997] (v) The manual required by § 135.21 of
this chapter; and
§ 119.69 Management personnel re- (3) Discharge their duties to meet ap-
quired for operations conducted plicable legal requirements and to
under part 135 of this chapter. maintain safe operations.
(a) Each certificate holder must have (e) Each certificate holder must—
sufficient qualified management and (1) State in the general policy provi-
technical personnel to ensure the safe- sions of the manual required by § 135.21
ty of its operations. Except for a cer- of this chapter, the duties, responsibil-
tificate holder using only one pilot in ities, and authority of personnel re-
its operations, the certificate holder quired or approved under paragraph (a)
must have qualified personnel serving or (b), respectively, of this section;
in the following or equivalent posi- (2) List in the manual the names and
tions: business addresses of the individuals
(1) Director of Operations. assigned to those positions; and
(2) Chief Pilot. (3) Notify the responsible Flight
(3) Director of Maintenance. Standards office within 10 days of any
(b) The Administrator may approve change in personnel or any vacancy in
positions or numbers of positions other any position listed.
spaschal on DSKJM0X7X2PROD with CFR

than those listed in paragraph (a) of [Docket No. 28154, 60 FR 65913, Dec. 20, 1995,
this section for a particular operation as amended by Docket FAA–2018–0119, Amdt.
if the certificate holder shows that it 119–19, 83 FR 9172, Mar. 5, 2018]

32

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Federal Aviation Administration, DOT § 119.71

§ 119.71 Management personnel: Quali- erated under part 121 or part 135 of this
fications for operations conducted chapter.
under part 135 of this chapter. (c) To serve as Chief Pilot under
(a) To serve as Director of Operations § 119.69(a) for a certificate holder con-
under § 119.69(a) for a certificate holder ducting any operation for which the
conducting any operations for which pilot in command is required to hold an
the pilot in command is required to airline transport pilot certificate a per-
hold an airline transport pilot certifi- son must hold an airline transport
cate a person must hold an airline pilot certificate with appropriate rat-
transport pilot certificate and either: ings and be qualified to serve as pilot
(1) Have at least 3 years supervisory in command in at least one aircraft
or managerial experience within the used in the certificate holder’s oper-
last 6 years in a position that exercised ation and:
operational control over any oper- (1) In the case of a person becoming a
ations conducted under part 121 or part Chief Pilot for the first time ever, have
135 of this chapter; or at least 3 years experience, within the
past 6 years, as pilot in command of an
(2) In the case of a person becoming
aircraft operated under part 121 or part
Director of Operations—
135 of this chapter.
(i) For the first time ever, have at
(2) In the case of a person with pre-
least 3 years experience, within the
vious experience as a Chief Pilot, have
past 6 years, as pilot in command of an
at least 3 years experience as pilot in
aircraft operated under part 121 or part
command of an aircraft operated under
135 of this chapter.
part 121 or part 135 of this chapter.
(ii) In the case of a person with pre- (d) To serve as Chief Pilot under
vious experience as a Director of Oper- § 119.69(a) for a certificate holder that
ations, have at least 3 years experi- only conducts operations for which the
ence, as pilot in command of an air- pilot in command is required to hold a
craft operated under part 121 or part commercial pilot certificate, a person
135 of this chapter. must hold at least a commercial pilot
(b) To serve as Director of Operations certificate. If an instrument rating is
under § 119.69(a) for a certificate holder required for any pilot in command for
that only conducts operations for that certificate holder, the Chief Pilot
which the pilot in command is required must also hold an instrument rating.
to hold a commercial pilot certificate, The Chief Pilot must be qualified to
a person must hold at least a commer- serve as pilot in command in at least
cial pilot certificate. If an instrument one aircraft used in the certificate
rating is required for any pilot in com- holder’s operation. In addition, the
mand for that certificate holder, the Chief Pilot must:
Director of Operations must also hold (1) In the case of a person becoming a
an instrument rating. In addition, the Chief Pilot for the first time ever, have
Director of Operations must either— at least 3 years experience, within the
(1) Have at least 3 years supervisory past 6 years, as pilot in command of an
or managerial experience within the aircraft operated under part 121 or part
last 6 years in a position that exercised 135 of this chapter.
operational control over any oper- (2) In the case of a person with pre-
ations conducted under part 121 or part vious experience as a Chief Pilot, have
135 of this chapter; or at least 3 years experience as pilot in
(2) In the case of a person becoming command of an aircraft operated under
Director of Operations— part 121 or part 135 of this chapter.
(i) For the first time ever, have at (e) To serve as Director of Mainte-
least 3 years experience, within the nance under § 119.69(a) a person must
past 6 years, as pilot in command of an hold a mechanic certificate with air-
aircraft operated under part 121 or part frame and powerplant ratings and ei-
135 of this chapter. ther:
(ii) In the case of a person with pre- (1) Have 3 years of experience within
spaschal on DSKJM0X7X2PROD with CFR

vious experience as a Director of Oper- the past 6 years maintaining aircraft


ations, have at least 3 years experience as a certificated mechanic, including,
as pilot in command of an aircraft op- at the time of appointment as Director

33

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§ 119.73 14 CFR Ch. I (1–1–21 Edition)

of Maintenance, experience in main- agency (or any of its officers or em-


taining the same category and class of ployees) in connection with a par-
aircraft as the certificate holder uses; ticular matter, whether or not involv-
or ing a specific party and without regard
(2) Have 3 years of experience within to whether the individual has partici-
the past 6 years repairing aircraft in a pated in, or had responsibility for, the
certificated airframe repair station, in- particular matter while serving as a
cluding 1 year in the capacity of ap- Flight Standards Service aviation safe-
proving aircraft for return to service. ty inspector.
(f) A certificate holder may request a (c) The provisions of this section do
deviation to employ a person who does not prohibit a certificate holder from
not meet the appropriate airmen expe- knowingly employing or making a con-
rience requirements, managerial expe- tractual arrangement which permits an
rience requirements, or supervisory ex- individual to act as an agent or rep-
perience requirements of this section if
resentative of the certificate holder in
the Manager of the Air Transportation
any matter before the Federal Aviation
Division, AFS–200, or the Manager of
Administration if the individual was
the Aircraft Maintenance Division,
employed by the certificate holder be-
AFS–300, as appropriate, find that the
fore October 21, 2011.
person has comparable experience, and
can effectively perform the functions [Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22,
associated with the position in accord- 2011]
ance with the requirements of this
chapter and the procedures outlined in PART 120—DRUG AND ALCOHOL
the certificate holder’s manual. The TESTING PROGRAM
Administrator may, at any time, ter-
minate any grant of deviation author-
Subpart A—General
ity issued under this paragraph.
[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as Sec.
amended by Amdt. 119–3, 62 FR 13255, Mar. 19, 120.1 Applicability.
1997; Amdt. 119–12, 72 FR 54816, Sept. 27, 2007] 120.3 Purpose.
120.5 Procedures.
§ 119.73 Employment of former FAA 120.7 Definitions.
employees.
(a) Except as specified in paragraph Subpart B—Individuals Certificated Under
(c) of this section, no certificate holder Parts 61, 63, and 65
conducting operations under part 121 or 120.11 Refusal to submit to a drug or alco-
135 of this chapter may knowingly em- hol test by a Part 61 certificate holder.
ploy or make a contractual arrange- 120.13 Refusal to submit to a drug or alco-
ment which permits an individual to hol test by a Part 63 certificate holder.
act as an agent or representative of the 120.15 Refusal to submit to a drug or alco-
certificate holder in any matter before hol test by a Part 65 certificate holder.
the Federal Aviation Administration if
the individual, in the preceding 2 Subpart C—Air Traffic Controllers
years—
120.17 Use of prohibited drugs.
(1) Served as, or was directly respon-
120.19 Misuse of alcohol.
sible for the oversight of, a Flight
120.21 Testing for alcohol.
Standards Service aviation safety in-
spector; and Subpart D—Part 119 Certificate Holders
(2) Had direct responsibility to in- Authorized To Conduct Operations
spect, or oversee the inspection of, the Under Part 121 or Part 135 or Operators
operations of the certificate holder. Under § 91.147 of This Chapter and
(b) For the purpose of this section, an Safety-Sensitive Employees
individual shall be considered to be
acting as an agent or representative of 120.31 Prohibited drugs.
a certificate holder in a matter before 120.33 Use of prohibited drugs.
spaschal on DSKJM0X7X2PROD with CFR

the agency if the individual makes any 120.35 Testing for prohibited drugs.
written or oral communication on be- 120.37 Misuse of alcohol.
half of the certificate holder to the 120.39 Testing for alcohol.

34

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Federal Aviation Administration, DOT § 120.7

Subpart E—Drug Testing Program tract to the U.S. military; and all oper-
Requirements ators as defined in 14 CFR 91.147.
(b) All individuals who perform, ei-
120.101 Scope.
120.103 General.
ther directly or by contract, a safety-
120.105 Employees who must be tested. sensitive function listed in subpart E
120.107 Substances for which testing must or subpart F of this part.
be conducted. (c) All part 145 certificate holders
120.109 Types of drug testing required. who perform safety-sensitive functions
120.111 Administrative and other matters. and elect to implement a drug and al-
120.113 Medical Review Officer, Substance cohol testing program under this part.
Abuse Professional, and employer re- (d) All contractors who elect to im-
sponsibilities.
plement a drug and alcohol testing pro-
120.115 Employee Assistance Program
(EAP). gram under this part.
120.117 Implementing a drug testing pro-
gram. § 120.3 Purpose.
120.119 Annual reports. The purpose of this part is to estab-
120.121 Preemption. lish a program designed to help prevent
120.123 Drug testing outside of the territory accidents and injuries resulting from
of the United States.
the use of prohibited drugs or the mis-
120.125 Waivers from 49 CFR 40.21.
use of alcohol by employees who per-
Subpart F—Alcohol Testing Program form safety-sensitive functions in avia-
Requirements tion.

120.201 Scope. § 120.5 Procedures.


120.203 General.
120.205 Preemption of State and local laws.
Each employer having a drug and al-
120.207 Other requirements imposed by em- cohol testing program under this part
ployers. must ensure that all drug and alcohol
120.209 Requirement for notice. testing conducted pursuant to this part
120.211 Applicable Federal regulations. complies with the procedures set forth
120.213 Falsification. in 49 CFR part 40.
120.215 Covered employees.
120.217 Tests required. § 120.7 Definitions.
120.219 Handling of test results, record re-
tention, and confidentiality. For the purposes of this part, the fol-
120.221 Consequences for employees engag- lowing definitions apply:
ing in alcohol-related conduct. (a) Accident means an occurrence as-
120.223 Alcohol misuse information, train- sociated with the operation of an air-
ing, and substance abuse professionals. craft which takes place between the
120.225 How to implement an alcohol testing time any individual boards the aircraft
program.
with the intention of flight and all
120.227 Employees located outside the U.S.
such individuals have disembarked, and
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40101– in which any individual suffers death
40103, 40113, 40120, 41706, 41721, 44106, 44701, or serious injury, or in which the air-
44702, 44703, 44709, 44710, 44711, 45101–45105, craft receives substantial damage.
46105, 46306.
(b) Alcohol means the intoxicating
SOURCE: Docket No. FAA–2008–0937, 74 FR agent in beverage alcohol, ethyl alco-
22653, May 14, 2009, unless otherwise noted. hol, or other low molecular weight al-
cohols, including methyl or isopropyl
Subpart A—General alcohol.
(c) Alcohol concentration (or content)
§ 120.1 Applicability. means the alcohol in a volume of
This part applies to the following breath expressed in terms of grams of
persons: alcohol per 210 liters of breath as indi-
(a) All air carriers and operators cer- cated by an evidential breath test
tificated under part 119 of this chapter under subpart F of this part.
authorized to conduct operations under (d) Alcohol use means the consump-
spaschal on DSKJM0X7X2PROD with CFR

part 121 or part 135 of this chapter, all tion of any beverage, mixture, or prep-
air traffic control facilities not oper- aration, including any medication, con-
ated by the FAA or by or under con- taining alcohol.

35

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§ 120.7 14 CFR Ch. I (1–1–21 Edition)

(e) Contractor is an individual or com- (l) Positive rate for random drug testing
pany that performs a safety-sensitive means the number of verified positive
function by contract for an employer results for random drug tests con-
or another contractor. ducted under subpart E of this part,
(f) Covered employee means an indi- plus the number of refusals of random
vidual who performs, either directly or drug tests required by subpart E of this
by contract, a safety-sensitive function part, divided by the total number of
listed in §§ 120.105 and 120.215 for an em- random drug test results (i.e.,
ployer (as defined in paragraph (i) of positives, negatives, and refusals)
this section). For purposes of pre-em- under subpart E of this part.
ployment testing only, the term ‘‘cov-
(m) Prohibited drug means any of the
ered employee’’ includes an individual
drugs specified in 49 CFR part 40.
applying to perform a safety-sensitive
function. (n) Refusal to submit to alcohol test
(g) DOT agency means an agency (or means that a covered employee has en-
‘‘operating administration’’) of the gaged in conduct including but not lim-
United States Department of Transpor- ited to that described in 49 CFR 40.261,
tation administering regulations re- or has failed to remain readily avail-
quiring drug and alcohol testing (14 able for post-accident testing as re-
CFR parts 61, 65, 121, and 135; 46 CFR quired by subpart F of this part.
part 16; 49 CFR parts 199, 219, and 382) (o) Refusal to submit to drug test means
in accordance with 49 CFR part 40. that an employee engages in conduct
(h) Employee is an individual who is including but not limited to that de-
hired, either directly or by contract, to scribed in 49 CFR 40.191.
perform a safety-sensitive function for (p) Safety-sensitive function means a
an employer, as defined in paragraph function listed in §§ 120.105 and 120.215.
(i) of this section. An employee is also (q) Verified negative drug test result
an individual who transfers into a posi- means a drug test result from an HHS-
tion to perform a safety-sensitive func- certified laboratory that has undergone
tion for an employer.
review by an MRO and has been deter-
(i) Employer is a part 119 certificate
mined by the MRO to be a negative re-
holder with authority to operate under
parts 121 and/or 135 of this chapter, an sult.
operator as defined in § 91.147 of this (r) Verified positive drug test result
chapter, or an air traffic control facil- means a drug test result from an HHS-
ity not operated by the FAA or by or certified laboratory that has undergone
under contract to the U.S. Military. An review by an MRO and has been deter-
employer may use a contract employee mined by the MRO to be a positive re-
who is not included under that employ- sult.
er’s FAA-mandated drug and alcohol (s) Violation rate for random alcohol
testing program to perform a safety- testing means the number of 0.04, and
sensitive function only if that contract above, random alcohol confirmation
employee is included under the con- test results conducted under subpart F
tractor’s FAA-mandated drug and alco- of this part, plus the number of refus-
hol testing program and is performing als of random alcohol tests required by
a safety-sensitive function on behalf of subpart F of this part, divided by the
that contractor (i.e. , within the scope total number of random alcohol screen-
of employment with the contractor.) ing tests (including refusals) conducted
(j) Hire means retaining an individual under subpart F of this part.
for a safety-sensitive function as a paid
employee, as a volunteer, or through [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
barter or other form of compensation. 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010;
(k) Performing (a safety-sensitive 84 FR 16773, Apr. 23, 2019]
function): an employee is considered to
be performing a safety-sensitive func-
tion during any period in which he or
spaschal on DSKJM0X7X2PROD with CFR

she is actually performing, ready to


perform, or immediately available to
perform such function.

36

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Federal Aviation Administration, DOT § 120.17

Subpart B—Individuals Certifi- (b) Refusal by the holder of a certifi-


cated Under Parts 61, 63, and cate issued under part 65 of this chap-
ter to take a drug or alcohol test re-
65 quired under the provisions of this part
§ 120.11 Refusal to submit to a drug or is grounds for:
alcohol test by a Part 61 certificate (1) Denial of an application for any
holder. certificate or rating issued under part
(a) This section applies to all individ- 65 of this chapter for a period of up to
uals who hold a certificate under part 1 year after the date of such refusal;
61 of this chapter and who are subject and
to drug and alcohol testing under this (2) Suspension or revocation of any
part. certificate or rating issued under part
(b) Refusal by the holder of a certifi- 65 of this chapter.
cate issued under part 61 of this chap- [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
ter to take a drug or alcohol test re- 2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010]
quired under the provisions of this part
is grounds for: Subpart C—Air Traffic Controllers
(1) Denial of an application for any
certificate, rating, or authorization § 120.17 Use of prohibited drugs.
issued under part 61 of this chapter for (a) Each employer shall provide each
a period of up to 1 year after the date employee performing a function listed
of such refusal; and in subpart E of this part, and his or her
(2) Suspension or revocation of any supervisor, with the training specified
certificate, rating, or authorization in that subpart. No employer may use
issued under part 61 of this chapter. any contractor to perform an air traf-
fic control function unless that con-
§ 120.13 Refusal to submit to a drug or
alcohol test by a Part 63 certificate tractor provides each of its employees
holder. performing that function for the em-
ployer, and his or her supervisor, with
(a) This section applies to all individ- the training specified in subpart E of
uals who hold a certificate under part this part.
63 of this chapter and who are subject (b) No employer may knowingly use
to drug and alcohol testing under this any individual to perform, nor may any
part. individual perform for an employer, ei-
(b) Refusal by the holder of a certifi- ther directly or by contract, any air
cate issued under part 63 of this chap- traffic control function while that indi-
ter to take a drug or alcohol test re- vidual has a prohibited drug, as defined
quired under the provisions of this part in this part, in his or her system.
is grounds for: (c) No employer shall knowingly use
(1) Denial of an application for any any individual to perform, nor may any
certificate or rating issued under part individual perform for an employer, ei-
63 of this chapter for a period of up to ther directly or by contract, any air
1 year after the date of such refusal; traffic control function if the indi-
and vidual has a verified positive drug test
(2) Suspension or revocation of any result on, or has refused to submit to,
certificate or rating issued under part a drug test required by subpart E of
63 of this chapter. this part and the individual has not
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, met the requirements of subpart E of
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] this part for returning to the perform-
ance of safety-sensitive duties.
§ 120.15 Refusal to submit to a drug or (d) Each employer shall test each of
alcohol test by a Part 65 certificate its employees who perform any air
holder. traffic control function in accordance
(a) This section applies to all individ- with subpart E of this part. No em-
uals who hold a certificate under part ployer may use any contractor to per-
spaschal on DSKJM0X7X2PROD with CFR

65 of this chapter and who are subject form any air traffic control function
to drug and alcohol testing under this unless that contractor tests each em-
part. ployee performing such a function for

37

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§ 120.19 14 CFR Ch. I (1–1–21 Edition)

the employer in accordance with sub- perform or continue to perform safety-


part E of this part. sensitive functions.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, § 120.21 Testing for alcohol.
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010]
(a) Each air traffic control facility
§ 120.19 Misuse of alcohol. not operated by the FAA or the U.S.
military must establish an alcohol
(a) This section applies to covered testing program in accordance with the
employees who perform air traffic con- provisions of subpart F of this part.
trol duties directly or by contract for (b) No employer shall use any indi-
an employer that is an air traffic con- vidual who meets the definition of cov-
trol facility not operated by the FAA ered employee in subpart A of this part
or the US military. to perform a safety-sensitive function
(b) Alcohol concentration. No covered listed in subpart F of this part unless
employee shall report for duty or re- that individual is subject to testing for
main on duty requiring the perform- alcohol misuse in accordance with the
ance of safety-sensitive functions while provisions of that subpart.
having an alcohol concentration of 0.04
or greater. No employer having actual
knowledge that an employee has an al-
Subpart D—Part 119 Certificate
cohol concentration of 0.04 or greater Holders Authorized To Con-
shall permit the employee to perform duct Operations under Part
or continue to perform safety-sensitive 121 or Part 135 or Operators
functions. Under § 91.147 of This Chapter
(c) On-duty use. No covered employee and Safety-Sensitive Employ-
shall use alcohol while performing ees
safety-sensitive functions. No em-
ployer having actual knowledge that a § 120.31 Prohibited drugs.
covered employee is using alcohol (a) Each certificate holder or oper-
while performing safety-sensitive func- ator shall provide each employee per-
tions shall permit the employee to per- forming a function listed in subpart E
form or continue to perform safety-sen- of this part, and his or her supervisor,
sitive functions. with the training specified in that sub-
(d) Pre-duty use. No covered employee part.
shall perform air traffic control duties (b) No certificate holder or operator
within 8 hours after using alcohol. No may use any contractor to perform a
employer having actual knowledge function listed in subpart E of this part
that such an employee has used alcohol unless that contractor provides each of
within 8 hours shall permit the em- its employees performing that function
ployee to perform or continue to per- for the certificate holder or operator,
form air traffic control duties. and his or her supervisor, with the
(e) Use following an accident. No cov- training specified in that subpart.
ered employee who has actual knowl-
edge of an accident involving an air- § 120.33 Use of prohibited drugs.
craft for which he or she performed a (a) This section applies to individuals
safety-sensitive function at or near the who perform a function listed in sub-
time of the accident shall use alcohol part E of this part for a certificate
for 8 hours following the accident, un- holder or operator. For the purpose of
less he or she has been given a post-ac- this section, an individual who per-
cident test under subpart F of this part forms such a function pursuant to a
or the employer has determined that contract with the certificate holder or
the employee’s performance could not the operator is considered to be per-
have contributed to the accident. forming that function for the certifi-
(f) Refusal to submit to a required alco- cate holder or the operator.
hol test. A covered employee may not (b) No certificate holder or operator
refuse to submit to any alcohol test re- may knowingly use any individual to
spaschal on DSKJM0X7X2PROD with CFR

quired under subpart F of this part. An perform, nor may any individual per-
employer may not permit an employee form for a certificate holder or an oper-
who refuses to submit to such a test to ator, either directly or by contract,

38

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Federal Aviation Administration, DOT § 120.37

any function listed in subpart E of this the requirements of paragraph (b) of


part while that individual has a prohib- this section when the aircraft is next
ited drug, as defined in this part, in his at an airport where such maintenance
or her system. personnel are available.
(c) No certificate holder or operator (d) For purposes of this section,
shall knowingly use any individual to emergency maintenance means main-
perform, nor shall any individual per- tenance that—
form for a certificate holder or oper- (1) Is not scheduled and
ator, either directly or by contract, (2) Is made necessary by an aircraft
any safety-sensitive function if that in- condition not discovered prior to the
dividual has a verified positive drug departure for that location.
test result on, or has refused to submit
to, a drug test required by subpart E of § 120.37 Misuse of alcohol.
this part and the individual has not (a) General. This section applies to
met the requirements of that subpart covered employees who perform a func-
for returning to the performance of tion listed in subpart F of this part for
safety-sensitive duties. a certificate holder. For the purpose of
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, this section, an individual who meets
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] the definition of covered employee in
subpart F of this part is considered to
§ 120.35 Testing for prohibited drugs. be performing the function for the cer-
(a) Each certificate holder or oper- tificate holder.
ator shall test each of its employees (b) Alcohol concentration. No covered
who perform a function listed in sub- employee shall report for duty or re-
part E of this part in accordance with main on duty requiring the perform-
that subpart. ance of safety-sensitive functions while
(b) Except as provided in paragraph having an alcohol concentration of 0.04
(c) of this section, no certificate holder or greater. No certificate holder having
or operator may use any contractor to actual knowledge that an employee has
perform a function listed in subpart E an alcohol concentration of 0.04 or
of this part unless that contractor greater shall permit the employee to
tests each employee performing such a perform or continue to perform safety-
function for the certificate holder or sensitive functions.
operator in accordance with that sub- (c) On-duty use. No covered employee
part. shall use alcohol while performing
(c) If a certificate holder conducts an safety-sensitive functions. No certifi-
on-demand operation into an airport at cate holder having actual knowledge
which no maintenance providers are that a covered employee is using alco-
available that are subject to the re- hol while performing safety-sensitive
quirements of subpart E of this part functions shall permit the employee to
and emergency maintenance is re- perform or continue to perform safety-
quired, the certificate holder may use sensitive functions.
individuals not meeting the require- (d) Pre-duty use. (1) No covered em-
ments of paragraph (b) of this section ployee shall perform flight crew-
to provide such emergency mainte- member or flight attendant duties
nance under both of the following con- within 8 hours after using alcohol. No
ditions: certificate holder having actual knowl-
(1) The certificate holder must give edge that such an employee has used
written notification of the emergency alcohol within 8 hours shall permit the
maintenance to the Drug Abatement employee to perform or continue to
Program Division, AAM–800, 800 Inde- perform the specified duties.
pendence Avenue, SW., Washington, DC (2) No covered employee shall per-
20591, within 10 days after being pro- form safety-sensitive duties other than
vided same in accordance with this those specified in paragraph (d)(1) of
paragraph. A certificate holder must this section within 4 hours after using
retain copies of all such written notifi- alcohol. No certificate holder having
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cations for two years. actual knowledge that such an em-


(2) The aircraft must be reinspected ployee has used alcohol within 4 hours
by maintenance personnel who meet shall permit the employee to perform

39

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§ 120.39 14 CFR Ch. I (1–1–21 Edition)

or to continue to perform safety-sen- retain copies of all such written notifi-


sitive functions. cations for two years.
(e) Use following an accident. No cov- (2) The aircraft must be reinspected
ered employee who has actual knowl- by maintenance personnel who meet
edge of an accident involving an air- the requirements of paragraph (b) of
craft for which he or she performed a this section when the aircraft is next
safety-sensitive function at or near the at an airport where such maintenance
time of the accident shall use alcohol personnel are available.
for 8 hours following the accident, un- (d) For purposes of this section,
less he or she has been given a post-ac- emergency maintenance means main-
cident test under subpart F of this tenance that—
part, or the employer has determined (1) Is not scheduled and
that the employee’s performance could (2) Is made necessary by an aircraft
not have contributed to the accident. condition not discovered prior to the
departure for that location.
(f) Refusal to submit to a required alco-
hol test. A covered employee must not
refuse to submit to any alcohol test re- Subpart E—Drug Testing Program
quired under subpart F of this part. A Requirements
certificate holder must not permit an
§ 120.101 Scope.
employee who refuses to submit to
such a test to perform or continue to This subpart contains the standards
perform safety-sensitive functions. and components that must be included
in a drug testing program required by
§ 120.39 Testing for alcohol. this part.
(a) Each certificate holder must es- § 120.103 General.
tablish an alcohol testing program in
(a) Purpose. The purpose of this sub-
accordance with the provisions of sub-
part is to establish a program designed
part F of this part.
to help prevent accidents and injuries
(b) Except as provided in paragraph resulting from the use of prohibited
(c) of this section, no certificate holder drugs by employees who perform safe-
or operator may use any individual ty-sensitive functions.
who meets the definition of covered (b) DOT procedures. (1) Each employer
employee in subpart A of this part to shall ensure that drug testing pro-
perform a safety-sensitive function grams conducted pursuant to 14 CFR
listed in that subpart F of this part un- parts 65, 91, 121, and 135 comply with
less that individual is subject to test- the requirements of this subpart and
ing for alcohol misuse in accordance the ‘‘Procedures for Transportation
with the provisions of that subpart. Workplace Drug Testing Programs’’
(c) If a certificate holder conducts an published by the Department of Trans-
on-demand operation into an airport at portation (DOT) (49 CFR part 40).
which no maintenance providers are (2) An employer may not use or con-
available that are subject to the re- tract with any drug testing laboratory
quirements of subpart F of this part that is not certified by the Department
and emergency maintenance is re- of Health and Human Services (HHS)
quired, the certificate holder may use under the National Laboratory Certifi-
individuals not meeting the require- cation Program.
ments of paragraph (b) of this section (c) Employer responsibility. As an em-
to provide such emergency mainte- ployer, you are responsible for all ac-
nance under both of the following con- tions of your officials, representatives,
ditions: and service agents in carrying out the
(1) The certificate holder must give requirements of this subpart and 49
written notification of the emergency CFR part 40.
maintenance to the Drug Abatement (d) Applicable Federal Regulations. The
Program Division, AAM–800, 800 Inde- following applicable regulations appear
pendence Avenue, SW., Washington, DC in 49 CFR or 14 CFR:
spaschal on DSKJM0X7X2PROD with CFR

20591, within 10 days after being pro- (1) 49 CFR Part 40—Procedures for
vided same in accordance with this Transportation Workplace Drug Test-
paragraph. A certificate holder must ing Programs

40

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Federal Aviation Administration, DOT § 120.109

(2) 14 CFR: § 120.107 Substances for which testing


(i) § 67.107—First-Class Airman Med- must be conducted.
ical Certificate, Mental. Each employer shall test each em-
(ii) § 67.207—Second-Class Airman ployee who performs a safety-sensitive
Medical Certificate, Mental. function for evidence of a prohibited
(iii) § 67.307—Third-Class Airman drug during each test required by
Medical Certificate, Mental. § 120.109.
(iv) § 91.147—Passenger carrying
flight for compensation or hire. [84 FR 16773, Apr. 23, 2019]
(v) § 135.1—Applicability
(e) Falsification. No individual may § 120.109 Types of drug testing re-
make, or cause to be made, any of the quired.
following: Each employer shall conduct the
(1) Any fraudulent or intentionally types of testing described in this sec-
false statement in any application of a tion in accordance with the procedures
drug testing program. set forth in this subpart and the DOT
(2) Any fraudulent or intentionally ‘‘Procedures for Transportation Work-
false entry in any record or report that place Drug Testing Programs’’ (49 CFR
is made, kept, or used to show compli- part 40).
ance with this part. (a) Pre-employment drug testing. (1) No
(3) Any reproduction or alteration, employer may hire any individual for a
for fraudulent purposes, of any report safety-sensitive function listed in
or record required to be kept by this § 120.105 unless the employer first con-
part. ducts a pre-employment test and re-
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, ceives a verified negative drug test re-
2009; Amdt. 120–0A, 75 FR 3153, Jan. 20, 2010] sult for that individual.
(2) No employer may allow an indi-
§ 120.105 Employees who must be test- vidual to transfer from a nonsafety-
ed. sensitive to a safety-sensitive function
Each employee, including any assist- unless the employer first conducts a
ant, helper, or individual in a training pre-employment test and receives a
status, who performs a safety-sensitive verified negative drug test result for
function listed in this section directly the individual.
or by contract (including by sub- (3) Employers must conduct another
contract at any tier) for an employer pre-employment test and receive a
as defined in this subpart must be sub- verified negative drug test result be-
ject to drug testing under a drug test- fore hiring or transferring an indi-
ing program implemented in accord- vidual into a safety-sensitive function
ance with this subpart. This includes if more than 180 days elapse between
full-time, part-time, temporary, and conducting the pre-employment test
intermittent employees regardless of required by paragraphs (a)(1) or (2) of
the degree of supervision. The safety- this section and hiring or transferring
sensitive functions are: the individual into a safety-sensitive
(a) Flight crewmember duties. function, resulting in that individual
(b) Flight attendant duties. being brought under an FAA drug test-
(c) Flight instruction duties. ing program.
(d) Aircraft dispatcher duties. (4) If the following criteria are met,
(e) Aircraft maintenance and preven- an employer is permitted to conduct a
tive maintenance duties. pre-employment test, and if such a test
(f) Ground security coordinator du- is conducted, the employer must re-
ties. ceive a negative test result before put-
(g) Aviation screening duties. ting the individual into a safety-sen-
(h) Air traffic control duties. sitive function:
(i) Operations control specialist du- (i) The individual previously per-
ties. formed a safety-sensitive function for
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[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, the employer and the employer is not
2009, as amended by Amdt. 120–2, 79 FR 9973, required to pre-employment test the
Feb. 21, 2014] individual under paragraphs (a)(1) or (2)

41

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§ 120.109 14 CFR Ch. I (1–1–21 Edition)

of this section before putting the indi- ered employees if the Administrator
vidual to work in a safety-sensitive determines that the data received
function; under the reporting requirements of
(ii) The employer removed the indi- this subpart for two consecutive cal-
vidual from the employer’s random endar years indicate that the reported
testing program conducted under this positive rate is less than 1.0 percent.
subpart for reasons other than a (4) When the minimum annual per-
verified positive test result on an FAA- centage rate for random drug testing is
mandated drug test or a refusal to sub- 25 percent, and the data received under
mit to such testing; and the reporting requirements of this sub-
(iii) The individual will be returning part for any calendar year indicate
to the performance of a safety-sen- that the reported positive rate is equal
sitive function. to or greater than 1.0 percent, the Ad-
(5) Before hiring or transferring an ministrator will increase the minimum
individual to a safety-sensitive func- annual percentage rate for random
tion, the employer must advise each in- drug testing to 50 percent of all covered
dividual that the individual will be re- employees.
quired to undergo pre-employment (5) The selection of employees for
testing in accordance with this sub- random drug testing shall be made by a
part, to determine the presence of a scientifically valid method, such as a
prohibited drug in the individual’s sys- random-number table or a computer-
tem. The employer shall provide this based random number generator that is
same notification to each individual matched with employees’ Social Secu-
required by the employer to undergo rity numbers, payroll identification
pre-employment testing under para- numbers, or other comparable identi-
graph (a)(4) of this section. fying numbers. Under the selection
(b) Random drug testing. (1) Except as process used, each covered employee
provided in paragraphs (b)(2) through shall have an equal chance of being
(b)(4) of this section, the minimum an- tested each time selections are made.
nual percentage rate for random drug (6) As an employer, you must select
testing shall be 50 percent of covered and test a percentage of employees at
employees. least equal to the minimum annual
(2) The Administrator’s decision to percentage rate each year.
increase or decrease the minimum an- (i) As an employer, to determine
nual percentage rate for random drug whether you have met the minimum
testing is based on the reported posi- annual percentage rate, you must di-
tive rate for the entire industry. All in- vide the number of random testing re-
formation used for this determination sults for safety-sensitive employees by
is drawn from the statistical reports the average number of safety-sensitive
required by § 120.119. In order to ensure employees eligible for random testing.
reliability of the data, the Adminis- (A) To calculate whether you have
trator considers the quality and com- met the annual minimum percentage
pleteness of the reported data, may ob- rate, count all random positives, ran-
tain additional information or reports dom negatives, and random refusals as
from employers, and may make appro- your ‘‘random testing results.’’
priate modifications in calculating the (B) To calculate the average number
industry positive rate. Each year, the of safety-sensitive employees eligible
Administrator will publish in the FED- for random testing throughout the
ERAL REGISTER the minimum annual year, add the total number of safety-
percentage rate for random drug test- sensitive employees eligible for testing
ing of covered employees. The new during each random testing period for
minimum annual percentage rate for the year and divide that total by the
random drug testing will be applicable number of random testing periods.
starting January 1 of the calendar year Only safety-sensitive employees are to
following publication. be in an employer’s random testing
(3) When the minimum annual per- pool, and all safety-sensitive employ-
spaschal on DSKJM0X7X2PROD with CFR

centage rate for random drug testing is ees must be in the random pool. If you
50 percent, the Administrator may are an employer conducting random
lower this rate to 25 percent of all cov- testing more often than once per

42

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Federal Aviation Administration, DOT § 120.109

month (e.g., you select daily, weekly, percentage rate established for the cal-
bi-weekly) you do not need to compute endar year by the DOT agency regu-
this total number of safety-sensitive lating more than 50 percent of the em-
employees more than on a once per ployee’s function.
month basis. (10) If an employer is required to con-
(ii) As an employer, you may use a duct random drug testing under the
service agent to perform random selec- drug testing rules of more than one
tions for you, and your safety-sensitive DOT agency, the employer may—
employees may be part of a larger ran- (i) Establish separate pools for ran-
dom testing pool of safety-sensitive dom selection, with each pool con-
employees. However, you must ensure taining the covered employees who are
that the service agent you use is test- subject to testing at the same required
ing at the appropriate percentage es- rate; or
tablished for your industry and that (ii) Randomly select covered employ-
only safety-sensitive employees are in ees for testing at the highest percent-
the random testing pool. For example: age rate established for the calendar
(A) If the service agent has your em- year by any DOT agency to which the
ployees in a random testing pool for employer is subject.
your company alone, you must ensure
(11) An employer required to conduct
that the testing is conducted at least
random drug testing under the anti-
at the minimum annual percentage
drug rules of more than one DOT agen-
rate under this part.
cy shall provide each such agency ac-
(B) If the service agent has your em-
cess to the employer’s records of ran-
ployees in a random testing pool com-
bined with other FAA-regulated com- dom drug testing, as determined to be
panies, you must ensure that the test- necessary by the agency to ensure the
ing is conducted at least at the min- employer’s compliance with the rule.
imum annual percentage rate under (c) Post-accident drug testing. Each
this part. employer shall test each employee who
(C) If the service agent has your em- performs a safety-sensitive function for
ployees in a random testing pool com- the presence of a prohibited drug in the
bined with other DOT-regulated com- employee’s system if that employee’s
panies, you must ensure that the test- performance either contributed to an
ing is conducted at least at the highest accident or cannot be completely dis-
rate required for any DOT-regulated counted as a contributing factor to the
company in the pool. accident. The employee shall be tested
(7) Each employer shall ensure that as soon as possible but not later than
random drug tests conducted under 32 hours after the accident. The deci-
this subpart are unannounced and that sion not to administer a test under this
the dates for administering random section must be based on a determina-
tests are spread reasonably throughout tion, using the best information avail-
the calendar year. able at the time of the determination,
(8) Each employer shall require that that the employee’s performance could
each safety-sensitive employee who is not have contributed to the accident.
notified of selection for random drug The employee shall submit to post-ac-
testing proceeds to the collection site cident testing under this section.
immediately; provided, however, that (d) Drug testing based on reasonable
if the employee is performing a safety- cause. Each employer must test each
sensitive function at the time of the employee who performs a safety-sen-
notification, the employer shall in- sitive function and who is reasonably
stead ensure that the employee ceases suspected of having used a prohibited
to perform the safety-sensitive func- drug. The decision to test must be
tion and proceeds to the collection site based on a reasonable and articulable
as soon as possible. belief that the employee is using a pro-
(9) If a given covered employee is hibited drug on the basis of specific
subject to random drug testing under contemporaneous physical, behavioral,
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the drug testing rules of more than one or performance indicators of probable
DOT agency, the employee shall be drug use. At least two of the employ-
subject to random drug testing at the ee’s supervisors, one of whom is trained

43

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§ 120.111 14 CFR Ch. I (1–1–21 Edition)

in detection of the symptoms of pos- ance with the provisions of 49 CFR part
sible drug use, must substantiate and 40.
concur in the decision to test an em- (4) Follow-up testing shall not exceed
ployee who is reasonably suspected of 60 months after the date the individual
drug use; except that in the case of an begins to perform or returns to the per-
employer, other than a part 121 certifi- formance of a safety-sensitive func-
cate holder, who employs 50 or fewer tion. The Substance Abuse Professional
employees who perform safety-sen- may terminate the requirement for fol-
sitive functions, one supervisor who is low-up testing at any time after the
trained in detection of symptoms of first six tests have been conducted, if
possible drug use must substantiate the Substance Abuse Professional de-
the decision to test an employee who is termines that such testing is no longer
reasonably suspected of drug use. necessary.
(e) Return to duty drug testing. Each [Docket No. FAA–2008–0937, 74 FR 22653, May
employer shall ensure that before an 14, 2009, as amended at 84 FR 16773, Apr. 23,
individual is returned to duty to per- 2019]
form a safety-sensitive function after
refusing to submit to a drug test re- § 120.111 Administrative and other
quired by this subpart or receiving a matters.
verified positive drug test result on a (a) MRO record retention requirements.
test conducted under this subpart the (1) Records concerning drug tests con-
individual shall undergo a return-to- firmed positive by the laboratory shall
duty drug test. No employer shall be maintained by the MRO for 5 years.
allow an individual required to undergo Such records include the MRO copies of
return-to-duty testing to perform a the custody and control form, medical
safety-sensitive function unless the interviews, documentation of the basis
employer has received a verified nega- for verifying as negative test results
tive drug test result for the individual. confirmed as positive by the labora-
The test cannot occur until after the tory, any other documentation con-
SAP has determined that the employee cerning the MRO’s verification process.
has successfully complied with the pre- (2) Should the employer change
scribed education and/or treatment. MRO’s for any reason, the employer
(f) Follow-up drug testing. (1) Each shall ensure that the former MRO for-
employer shall implement a reasonable wards all records maintained pursuant
program of unannounced testing of to this rule to the new MRO within ten
each individual who has been hired to working days of receiving notice from
perform or who has been returned to the employer of the new MRO’s name
the performance of a safety-sensitive and address.
function after refusing to submit to a (3) Any employer obtaining MRO
drug test required by this subpart or services by contract, including a con-
receiving a verified positive drug test tract through a C/TPA, shall ensure
result on a test conducted under this that the contract includes a record-
subpart. keeping provision that is consistent
(2) The number and frequency of such with this paragraph, including require-
testing shall be determined by the em- ments for transferring records to a new
ployer’s Substance Abuse Professional MRO.
conducted in accordance with the pro- (b) Access to records. The employer
visions of 49 CFR part 40, but shall con- and the MRO shall permit the Adminis-
sist of at least six tests in the first 12 trator or the Administrator’s rep-
months following the employee’s re- resentative to examine records re-
turn to duty. quired to be kept under this subpart
(3) The employer must direct the em- and 49 CFR part 40. The Administrator
ployee to undergo testing for alcohol in or the Administrator’s representative
accordance with subpart F of this part, may require that all records main-
in addition to drugs, if the Substance tained by the service agent for the em-
Abuse Professional determines that al- ployer must be produced at the em-
spaschal on DSKJM0X7X2PROD with CFR

cohol testing is necessary for the par- ployer’s place of business.


ticular employee. Any such alcohol (c) Release of drug testing information.
testing shall be conducted in accord- An employer shall release information

44

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Federal Aviation Administration, DOT § 120.113

regarding an employee’s drug testing forth in subpart G of 49 CFR part 40,


results, evaluation, or rehabilitation to and subpart E of this part. The MRO
a third party in accordance with 49 shall not delay verification of the pri-
CFR part 40. Except as required by law, mary test result following a request for
this subpart, or 49 CFR part 40, no em- a split specimen test unless such delay
ployer shall release employee informa- is based on reasons other than the fact
tion. that the split specimen test result is
(d) Refusal to submit to testing. Each pending. If the primary test result is
employer must notify the FAA within 2 verified as positive, actions required
working days of any employee who under this rule (e.g., notification to the
holds a certificate issued under part 61, Federal Air Surgeon, removal from
part 63, or part 65 of this chapter who safety-sensitive position) are not
has refused to submit to a drug test re- stayed during the 72-hour request pe-
quired under this subpart. Notification riod or pending receipt of the split
must be sent to: Federal Aviation Ad- specimen test result.
ministration, Office of Aerospace Medi- (c) Substance Abuse Professional (SAP).
cine, Drug Abatement Division (AAM– The SAP must perform the functions
800), 800 Independence Avenue, SW., set forth in 49 CFR part 40, subpart O.
Washington, DC 20591, or by fax to (202) (d) Additional Medical Review Officer,
267–5200. Substance Abuse Professional, and Em-
(e) Permanent disqualification from ployer Responsibilities Regarding 14 CFR
service. (1) An employee who has part 67 Airman Medical Certificate Hold-
verified positive drug test results on ers. (1) As part of verifying a confirmed
two drug tests required by this subpart positive test result or refusal to submit
of this chapter, and conducted after to a test, the MRO must ask and the
September 19, 1994, is permanently pre- individual must answer whether he or
cluded from performing for an em- she holds an airman medical certificate
ployer the safety-sensitive duties the issued under 14 CFR part 67 or would be
employee performed prior to the sec- required to hold an airman medical
ond drug test. certificate to perform a safety-sen-
(2) An employee who has engaged in sitive function for the employer. If the
prohibited drug use during the per- individual answers in the affirmative
formance of a safety-sensitive function to either question, in addition to noti-
after September 19, 1994 is permanently fying the employer in accordance with
precluded from performing that safety- 49 CFR part 40, the MRO must forward
sensitive function for an employer. to the Federal Air Surgeon, at the ad-
(f) DOT management information sys- dress listed in paragraph (d)(5) of this
tem annual reports. Copies of any an- section, the name of the individual,
nual reports submitted to the FAA along with identifying information and
under this subpart must be maintained supporting documentation, within 2
by the employer for a minimum of 5 working days after verifying a positive
years. drug test result or refusal to submit to
a test.
§ 120.113 Medical Review Officer, Sub- (2) During the SAP interview re-
stance Abuse Professional, and Em- quired for a verified positive test result
ployer Responsibilities. or a refusal to submit to a test, the
(a) The employer shall designate or SAP must ask and the individual must
appoint a Medical Review Officer answer whether he or she holds or
(MRO) who shall be qualified in accord- would be required to hold an airman
ance with 49 CFR part 40 and shall per- medical certificate issued under 14 CFR
form the functions set forth in 49 CFR part 67 to perform a safety-sensitive
part 40 and this subpart. If the em- function for the employer. If the indi-
ployer does not have a qualified indi- vidual answers in the affirmative, the
vidual on staff to serve as MRO, the individual must obtain an airman med-
employer may contract for the provi- ical certificate issued by the Federal
sion of MRO services as part of its drug Air Surgeon dated after the verified
spaschal on DSKJM0X7X2PROD with CFR

testing program. positive drug test result date or refusal


(b) Medical Review Officer (MRO). The to test date. After the individual ob-
MRO must perform the functions set tains this airman medical certificate,

45

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§ 120.115 14 CFR Ch. I (1–1–21 Edition)

the SAP may recommend to the em- (b) EAP education program. (1) Each
ployer that the individual may be re- EAP education program must include
turned to a safety-sensitive position. at least the following elements:
The receipt of an airman medical cer- (i) Display and distribution of infor-
tificate does not alter any obligations mational material;
otherwise required by 49 CFR part 40 or (ii) Display and distribution of a
this subpart. community service hot-line telephone
(3) An employer must forward to the number for employee assistance; and
Federal Air Surgeon within 2 working (iii) Display and distribution of the
days of receipt, copies of all reports employer’s policy regarding drug use in
the workplace.
provided to the employer by a SAP re-
(2) The employer’s policy shall in-
garding the following:
clude information regarding the con-
(i) An individual who the MRO has sequences under the rule of using drugs
reported to the Federal Air Surgeon while performing safety-sensitive func-
under § 120.113 (d)(1); or tions, receiving a verified positive drug
(ii) An individual who the employer test result, or refusing to submit to a
has reported to the Federal Air Sur- drug test required under the rule.
geon under § 120.111(d). (c) EAP training program. (1) Each em-
(4) The employer must not permit an ployer shall implement a reasonable
employee who is required to hold an program of initial training for employ-
airman medical certificate under 14 ees. The employee training program
CFR part 67 to perform a safety-sen- must include at least the following ele-
sitive duty to resume that duty until ments:
the employee has: (i) The effects and consequences of
(i) Been issued an airman medical drug use on individual health, safety,
certificate from the Federal Air Sur- and work environment;
geon after the date of the verified posi- (ii) The manifestations and behav-
tive drug test result or refusal to test; ioral cues that may indicate drug use
and and abuse; and
(ii) Met the return to duty require- (2) The employer’s supervisory per-
ments in accordance with 49 CFR part sonnel who will determine when an em-
40. ployee is subject to testing based on
reasonable cause shall receive specific
(5) Reports required under this sec-
training on specific, contemporaneous
tion shall be forwarded to the Federal
physical, behavioral, and performance
Air Surgeon, Federal Aviation Admin-
indicators of probable drug use in addi-
istration, Office of Aerospace Medicine,
tion to the training specified in § 120.115
Attn: Drug Abatement Division (AAM–
(c).
800), 800 Independence Avenue, SW., (3) The employer shall ensure that
Washington, DC 20591. supervisors who will make reasonable
(6) MROs, SAPs, and employers who cause determinations receive at least
send reports to the Federal Air Sur- 60 minutes of initial training.
geon must keep a copy of each report (4) The employer shall implement a
for 5 years. reasonable recurrent training program
for supervisory personnel making rea-
§ 120.115 Employee Assistance Pro- sonable cause determinations during
gram (EAP).
subsequent years.
(a) The employer shall provide an (5) Documentation of all training
EAP for employees. The employer may given to employees and supervisory
establish the EAP as a part of its inter- personnel must be included in the
nal personnel services or the employer training program.
may contract with an entity that will (6) The employer shall identify the
provide EAP services to an employee. employee and supervisor EAP training
Each EAP must include education and in the employer’s drug testing pro-
training on drug use for employees and gram.
spaschal on DSKJM0X7X2PROD with CFR

training for supervisors making deter- [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
minations for testing of employees 2009, as amended by Amdt. 120–1, 78 FR 42003,
based on reasonable cause. July 15, 2013]

46

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Federal Aviation Administration, DOT § 120.117

§ 120.117 Implementing a drug testing an Antidrug and Alcohol Misuse Pre-


program. vention Program Operations Specifica-
(a) Each company must meet the re- tion, Letter of Authorization, or Drug
quirements of this subpart. Use the fol- and Alcohol Testing Program Registra-
lowing chart to determine whether tion from the FAA. Your employees
your company must obtain an Anti- who perform safety-sensitive functions
drug and Alcohol Misuse Prevention must be tested in accordance with this
Program Operations Specification, Let- subpart. The chart follows:
ter of Authorization, or Drug and Alco- If you . . . You must . . .
hol Testing Program Registration from
the FAA: (1) Apply for a part (i) Have an Antidrug and Alcohol Mis-
119 certificate use Prevention Program Operations
If you are . . . You must . . . with authority to Specification,
operate under
(1) A part 119 cer- Obtain an Antidrug and Alcohol Misuse parts 121 or 135.
tificate holder with Prevention Program Operations (ii) Implement an FAA drug testing pro-
authority to oper- Specification by contacting your FAA gram no later than the date you start
ate under parts Principal Operations Inspector. operations, and
121 or 135. (iii) Meet the requirements of this sub-
(2) An operator as Obtain a Letter of Authorization by con- part.
defined in tacting the Flight Standards District (2) Intend to begin (i) Have a Letter of Authorization,
§ 91.147 of this Office nearest to your principal place operations as de-
chapter. of business. fined in § 91.147
(3) A part 119 cer- Complete the requirements in para- of this chapter.
tificate holder with graphs 1 and 2 of this chart and ad- (ii) Implement an FAA drug testing pro-
authority to oper- vise the Flight Standards District Of- gram no later than the date you start
ate under parts fice and the Drug Abatement Divi- operations, and
121 or 135 and sion that the § 91.147 operation will (iii) Meet the requirements of this sub-
an operator as be included under the part 119 test- part.
defined in ing program. Contact the Drug (3) Apply for a part (i) Have an Antidrug and Alcohol Mis-
§ 91.147 of this Abatement Division at FAA, Office of 119 certificate use Prevention Program Operations
chapter. Aerospace Medicine, Drug Abate- with authority to Specification and a Letter of Author-
ment Division (AAM–800), 800 Inde- operate under ization,
pendence Avenue SW., Washington, parts 121 or 135
DC 20591. and intend to
(4) An air traffic Register with the FAA, Office of Aero- begin operations
control facility not space Medicine, Drug Abatement Di- as defined in
operated by the vision (AAM–800), 800 Independ- § 91.147 of this
FAA or by or ence Avenue SW., Washington, DC chapter.
under contract to 20591. (ii) Implement your combined FAA drug
the U.S. Military. testing program no later than the
(5) A part 145 cer- Obtain an Antidrug and Alcohol Misuse date you start operations, and
tificate holder Prevention Program Operations (iii) Meet the requirements of this sub-
who has your Specification by contacting your Prin- part.
own drug testing cipal Maintenance Inspector or reg- (4) Intend to begin (i) Register with the FAA, Office of
program. ister with the FAA, Office of Aero- air traffic control Aerospace Medicine, Drug Abate-
space Medicine, Drug Abatement Di- operations (at an ment Division (AAM–800), 800 Inde-
vision (AAM–800), 800 Independ- air traffic control pendence Avenue SW., Washington,
ence Avenue SW., Washington, DC facility not oper- DC 20591, prior to starting oper-
20591, if you opt to conduct your ated by the FAA ations,
own drug testing program. or by or under
(6) A contractor Register with the FAA, Office of Aero- contract to the
who has your space Medicine, Drug Abatement Di- U.S. military).
own drug testing vision (AAM–800), 800 Independ- (ii) Implement an FAA drug testing pro-
program. ence Avenue SW., Washington, DC gram no later than the date you start
20591, if you opt to conduct your operations, and
own drug testing program. (iii) Meet the requirements of this sub-
part.
(b) Use the following chart for imple-
menting a drug testing program if you (c) If you are an individual or com-
are applying for a part 119 certificate pany that intends to provide safety-
with authority to operate under parts sensitive services by contract to a part
121 or 135 of this chapter, if you intend 119 certificate holder with authority to
to begin operations as defined in § 91.147 operate under parts 121 and/or 135 of
of this chapter, or if you intend to this chapter, an operation as defined in
begin air traffic control operations (not § 91.147 of this chapter, or an air traffic
spaschal on DSKJM0X7X2PROD with CFR

operated by the FAA or by or under control facility not operated by the


contract to the U.S. Military). Use it FAA or by or under contract to the
to determine whether you need to have U.S. military, use the following chart

47

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§ 120.117 14 CFR Ch. I (1–1–21 Edition)

to determine what you must do if you nance Inspector that you will comply
opt to have your own drug testing pro- with this part and 49 CFR part 40.
gram. (3) You are required to obtain only
one Antidrug and Alcohol Misuse Pre-
And you opt to conduct your own drug
If you . . . program, you must . . . vention Program Operations Specifica-
tion to satisfy this requirement under
(1) Are a part 145 (i) Have an Antidrug and Alcohol Mis- this part.
certificate holder. use Prevention Program Operations
Specification or register with the
(4) You must update the Antidrug
FAA, Office of Aerospace Medicine, and Alcohol Misuse Prevention Pro-
Drug Abatement Division (AAM– gram Operations Specification when
800), 800 Independence Avenue, any changes to the information con-
SW., Washington, DC 20591,
(ii) Implement an FAA drug testing pro- tained in the Operation Specification
gram no later than the date you start occur.
performing safety-sensitive functions (e) Register your Drug and Alcohol
for a part 119 certificate holder with
authority to operate under parts 121
Testing Program by obtaining a Letter of
or 135, or operator as defined in Authorization from the FAA in accord-
§ 91.147 of this chapter, and ance with § 91.147. (1) A drug and alcohol
(iii) Meet the requirements of this sub- testing program is considered reg-
part as if you were an employer.
(2) Are a contractor (i) Register with the FAA, Office of istered when the following information
Aerospace Medicine, Drug Abate- is submitted to the Flight Standards
ment Division (AAM–800), 800 Inde- District Office nearest your principal
pendence Avenue, SW., Wash-
ington, DC 20591,
place of business:
(ii) Implement an FAA drug testing pro- (i) Company name.
gram no later than the date you start (ii) Telephone number.
performing safety-sensitive functions (iii) Address where your drug and al-
for a part 119 certificate holder with
authority to operate under parts 121
cohol testing program records are kept.
or 135, or operator as defined in (iv) Type of safety-sensitive func-
§ 91.147 of this chapter, or an air tions you or your employees perform
traffic control facility not operated by (such as flight instruction duties, air-
the FAA or by or under contract to
the U.S. Military, and craft dispatcher duties, maintenance or
(iii) Meet the requirements of this sub- preventive maintenance duties, ground
part as if you were an employer. security coordinator duties, aviation
screening duties, air traffic control du-
(d) Obtaining an Antidrug and Alcohol ties).
Misuse Prevention Program Operations (v) Whether you have 50 or more cov-
Specification. (1) To obtain an Antidrug ered employees, or 49 or fewer covered
and Alcohol Misuse Prevention Pro- employees.
gram Operations Specification, you (vi) A signed statement indicating
must contact your FAA Principal Op- that your company will comply with
erations Inspector or Principal Mainte- this part and 49 CFR part 40.
nance Inspector. Provide him/her with (2) This Letter of Authorization will
the following information: satisfy the requirements for both your
(i) Company name. drug testing program under this sub-
(ii) Certificate number. part and your alcohol testing program
(iii) Telephone number. under subpart F of this part.
(iv) Address where your drug and al- (3) Update the Letter of Authoriza-
cohol testing program records are kept. tion information as changes occur.
(v) Whether you have 50 or more safe- Send the updates to the Flight Stand-
ty-sensitive employees, or 49 or fewer ards District Office nearest your prin-
safety-sensitive employees. (Part 119 cipal place of business.
certificate holders with authority to (4) If you are a part 119 certificate
operate only under part 121 of this holder with authority to operate under
chapter are not required to provide this parts 121 or 135 and intend to begin op-
information.) erations as defined in § 91.147 of this
(2) You must certify on your Anti- chapter, you must also advise the Fed-
drug and Alcohol Misuse Prevention eral Aviation Administration, Office of
spaschal on DSKJM0X7X2PROD with CFR

Program Operations Specification Aerospace Medicine, Drug Abatement


issued by your FAA Principal Oper- Division (AAM–800), 800 Independence
ations Inspector or Principal Mainte- Avenue SW., Washington, DC 20591.

48

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Federal Aviation Administration, DOT § 120.121

(f) Obtaining a Drug and Alcohol Test- § 120.119 Annual reports.


ing Program Registration from the FAA. (a) Annual reports of testing results
(1) Except as provided in paragraphs (d) must be submitted to the FAA by
and (e) of this section, to obtain a Drug March 15 of the succeeding calendar
and Alcohol Testing Program Registra- year for the prior calendar year (Janu-
tion from the FAA, you must submit ary 1 through December 31) in accord-
the following information to the Office ance with the following provisions:
of Aerospace Medicine, Drug Abate- (1) Each part 121 certificate holder
ment Division: shall submit an annual report each
(i) Company name. year.
(ii) Telephone number. (2) Each entity conducting a drug
(iii) Address where your drug and al- testing program under this part, other
cohol testing program records are kept. than a part 121 certificate holder, that
(iv) Type of safety-sensitive func- has 50 or more employees performing a
tions you or your employees perform safety-sensitive function on January 1
(such as flight instruction duties, air- of any calendar year shall submit an
craft dispatcher duties, maintenance or annual report to the FAA for that cal-
endar year.
preventive maintenance duties, ground
(3) The Administrator reserves the
security coordinator duties, aviation
right to require that aviation employ-
screening duties, air traffic control du-
ers not otherwise required to submit
ties). annual reports prepare and submit
(v) Whether you have 50 or more cov- such reports to the FAA. Employers
ered employees, or 49 or fewer covered that will be required to submit annual
employees. reports under this provision will be no-
(vi) A signed statement indicating tified in writing by the FAA.
that: your company will comply with (b) As an employer, you must use the
this part and 49 CFR part 40; and you Management Information System
intend to provide safety-sensitive func- (MIS) form and instructions as re-
tions by contract (including sub- quired by 49 CFR part 40 (at 49 CFR
contract at any tier) to a part 119 cer- 40.26 and appendix H to 49 CFR part 40).
tificate holder with authority to oper- You may also use the electronic
ate under part 121 or part 135 of this version of the MIS form provided by
chapter, an operator as defined in DOT. The Administrator may des-
§ 91.147 of this chapter, or an air traffic ignate means (e.g., electronic program
control facility not operated by the transmitted via the Internet) other
FAA or by or under contract to the than hard-copy, for MIS form submis-
U.S. military. sion. For information on where to sub-
mit MIS forms and for the electronic
(2) Send this information to the Fed-
version of the form, see: http://
eral Aviation Administration, Office of
www.faa.gov/about/officelorg/head-
Aerospace Medicine, Drug Abatement
quartersloffices/avs/offices/aam/
Division (AAM–800), 800 Independence druglalcohol.
Avenue SW., Washington, DC 20591. (c) A service agent may prepare the
(3) This Drug and Alcohol Testing MIS report on behalf of an employer.
Program Registration will satisfy the However, a company official (e.g., Des-
registration requirements for both ignated Employer Representative as
your drug testing program under this defined in 49 CFR part 40) must certify
subpart and your alcohol testing pro- the accuracy and completeness of the
gram under subpart F of this part. MIS report, no matter who prepares it.
(4) Update the registration informa-
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
tion as changes occur. Send the up- 2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010]
dates to the address specified in para-
graph (f)(2) of this section. § 120.121 Preemption.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, (a) The issuance of 14 CFR parts 65,
spaschal on DSKJM0X7X2PROD with CFR

2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010, 91, 121, and 135 by the FAA preempts
as amended by Amdt. 120–1, 78 FR 42003, July any State or local law, rule, regula-
15, 2013] tion, order, or standard covering the

49

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§ 120.123 14 CFR Ch. I (1–1–21 Edition)

subject matter of 14 CFR parts 65, 91, Medicine, Drug Abatement Division
121, and 135, including but not limited (AAM–800), 800 Independence Avenue,
to, drug testing of aviation personnel SW., Washington, DC 20591.
performing safety-sensitive functions. (c) The Administrator may grant a
(b) The issuance of 14 CFR parts 65, waiver subject to 49 CFR 40.21(d).
91, 121, and 135 does not preempt provi-
sions of state criminal law that impose Subpart F—Alcohol Testing
sanctions for reckless conduct of an in- Program Requirements
dividual that leads to actual loss of
life, injury, or damage to property § 120.201 Scope.
whether such provisions apply specifi- This subpart contains the standards
cally to aviation employees or gen- and components that must be included
erally to the public. in an alcohol testing program required
by this part.
§ 120.123 Drug testing outside the ter-
ritory of the United States. § 120.203 General.
(a) No part of the testing process (in- (a) Purpose. The purpose of this sub-
cluding specimen collection, labora- part is to establish programs designed
tory processing, and MRO actions) to help prevent accidents and injuries
shall be conducted outside the terri- resulting from the misuse of alcohol by
tory of the United States. employees who perform safety-sen-
(1) Each employee who is assigned to sitive functions in aviation.
perform safety-sensitive functions sole- (b) Alcohol testing procedures. Each
ly outside the territory of the United employer shall ensure that all alcohol
States shall be removed from the ran- testing conducted pursuant to this sub-
dom testing pool upon the inception of part complies with the procedures set
such assignment. forth in 49 CFR part 40. The provisions
(2) Each covered employee who is re- of 49 CFR part 40 that address alcohol
moved from the random testing pool testing are made applicable to employ-
under this section shall be returned to ers by this subpart.
the random testing pool when the em- (c) Employer responsibility. As an em-
ployee resumes the performance of ployer, you are responsible for all ac-
safety-sensitive functions wholly or tions of your officials, representatives,
partially within the territory of the and service agents in carrying out the
United States. requirements of the DOT agency regu-
(b) The provisions of this subpart lations.
shall not apply to any individual who
performs a function listed in § 120.105 § 120.205 Preemption of State and
by contract for an employer outside local laws.
the territory of the United States. (a) Except as provided in paragraph
(a)(2) of this section, these regulations
§ 120.125 Waivers from 49 CFR 40.21. preempt any State or local law, rule,
An employer subject to this part may regulation, or order to the extent that:
petition the Drug Abatement Division, (1) Compliance with both the State or
Office of Aerospace Medicine, for a local requirement and this subpart is
waiver allowing the employer to stand not possible; or
down an employee following a report of (2) Compliance with the State or
a laboratory confirmed positive drug local requirement is an obstacle to the
test or refusal, pending the outcome of accomplishment and execution of any
the verification process. requirement in this subpart.
(a) Each petition for a waiver must (b) The alcohol testing requirements
be in writing and include substantial of this title shall not be construed to
facts and justification to support the preempt provisions of State criminal
waiver. Each petition must satisfy the law that impose sanctions for reckless
substantive requirements for obtaining conduct leading to actual loss of life,
a waiver, as provided in 49 CFR 40.21. injury, or damage to property, whether
spaschal on DSKJM0X7X2PROD with CFR

(b) Each petition for a waiver must the provisions apply specifically to
be submitted to the Federal Aviation transportation employees or employers
Administration, Office of Aerospace or to the general public.

50

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Federal Aviation Administration, DOT § 120.217

§ 120.207 Other requirements imposed § 120.215 Covered employees.


by employers. (a) Each employee, including any as-
Except as expressly provided in these sistant, helper, or individual in a train-
alcohol testing requirements, nothing ing status, who performs a safety-sen-
in this subpart shall be construed to af- sitive function listed in this section di-
fect the authority of employers, or the rectly or by contract (including by sub-
rights of employees, with respect to contract at any tier) for an employer
the use or possession of alcohol, includ- as defined in this subpart must be sub-
ing any authority and rights with re- ject to alcohol testing under an alcohol
testing program implemented in ac-
spect to alcohol testing and rehabilita-
cordance with this subpart. This in-
tion.
cludes full-time, part-time, temporary,
§ 120.209 Requirement for notice. and intermittent employees regardless
of the degree of supervision. The safe-
Before performing an alcohol test ty-sensitive functions are:
under this subpart, each employer shall (1) Flight crewmember duties.
notify a covered employee that the al- (2) Flight attendant duties.
cohol test is required by this subpart. (3) Flight instruction duties.
No employer shall falsely represent (4) Aircraft dispatcher duties.
that a test is administered under this (5) Aircraft maintenance or preven-
subpart. tive maintenance duties.
(6) Ground security coordinator du-
§ 120.211 Applicable Federal regula- ties.
tions. (7) Aviation screening duties.
(8) Air traffic control duties.
The following applicable regulations
(9) Operations control specialist du-
appear in 49 CFR and 14 CFR: ties.
(a) 49 CFR Part 40—Procedures for (b) Each employer must identify any
Transportation Workplace Drug Test- employee who is subject to the alcohol
ing Programs testing regulations of more than one
(b) 14 CFR: DOT agency. Prior to conducting any
(1) § 67.107—First-Class Airman Med- alcohol test on a covered employee
ical Certificate, Mental. subject to the alcohol testing regula-
(2) § 67.207—Second-Class Airman tions of more than one DOT agency,
Medical Certificate, Mental. the employer must determine which
(3) § 67.307—Third-Class Airman Med- DOT agency authorizes or requires the
ical Certificate, Mental. test.
(4) § 91.147—Passenger carrying [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
flights for compensation or hire. 2009, as amended by Amdt. 120–2, 79 FR 9973,
Feb. 21, 2014]
(5) § 135.1—Applicability
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, § 120.217 Tests required.
2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010] (a) Pre-employment alcohol testing. As
an employer, you may, but are not re-
§ 120.213 Falsification. quired to, conduct pre-employment al-
No individual may make, or cause to cohol testing under this subpart. If you
be made, any of the following: choose to conduct pre-employment al-
(a) Any fraudulent or intentionally cohol testing, you must comply with
false statement in any application of the following requirements:
an alcohol testing program. (1) You must conduct a pre-employ-
ment alcohol test before the first per-
(b) Any fraudulent or intentionally
formance of safety-sensitive functions
false entry in any record or report that by every covered employee (whether a
is made, kept, or used to show compli- new employee or someone who has
ance with this subpart. transferred to a position involving the
(c) Any reproduction or alteration, performance of safety-sensitive func-
spaschal on DSKJM0X7X2PROD with CFR

for fraudulent purposes, of any report tions).


or record required to be kept by this (2) You must treat all safety-sen-
subpart. sitive employees performing safety-

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§ 120.217 14 CFR Ch. I (1–1–21 Edition)

sensitive functions the same for the medical attention for injured people
purpose of pre-employment alcohol following an accident or to prohibit a
testing (i.e., you must not test some covered employee from leaving the
covered employees and not others). scene of an accident for the period nec-
(3) You must conduct the pre-employ- essary to obtain assistance in respond-
ment tests after making a contingent ing to the accident or to obtain nec-
offer of employment or transfer, sub- essary emergency medical care.
ject to the employee passing the pre- (c) Random alcohol testing. (1) Except
employment alcohol test. as provided in paragraphs (c)(2)
(4) You must conduct all pre-employ- through (c)(4) of this section, the min-
ment alcohol tests using the alcohol imum annual percentage rate for ran-
testing procedures of 49 CFR part 40. dom alcohol testing will be 25 percent
(5) You must not allow a covered em- of the covered employees.
ployee to begin performing safety-sen- (2) The Administrator’s decision to
sitive functions unless the result of the increase or decrease the minimum an-
employee’s test indicates an alcohol nual percentage rate for random alco-
concentration of less than 0.04. If a pre- hol testing is based on the violation
employment test result under this rate for the entire industry. All infor-
paragraph indicates an alcohol con- mation used for this determination is
centration of 0.02 or greater but less drawn from MIS reports required by
than 0.04, the provisions of § 120.221(f) this subpart. In order to ensure reli-
apply. ability of the data, the Administrator
(b) Post-accident alcohol testing. (1) As
considers the quality and completeness
soon as practicable following an acci-
of the reported data, may obtain addi-
dent, each employer shall test each
tional information or reports from em-
surviving covered employee for alcohol
ployers, and may make appropriate
if that employee’s performance of a
modifications in calculating the indus-
safety-sensitive function either con-
try violation rate. Each year, the Ad-
tributed to the accident or cannot be
ministrator will publish in the FED-
completely discounted as a contrib-
ERAL REGISTER the minimum annual
uting factor to the accident. The deci-
percentage rate for random alcohol
sion not to administer a test under this
testing of covered employees. The new
section shall be based on the employ-
er’s determination, using the best minimum annual percentage rate for
available information at the time of random alcohol testing will be applica-
the determination, that the covered ble starting January 1 of the calendar
employee’s performance could not have year following publication.
contributed to the accident. (3)(i) When the minimum annual per-
(2) If a test required by this section is centage rate for random alcohol test-
not administered within 2 hours fol- ing is 25 percent or more, the Adminis-
lowing the accident, the employer shall trator may lower this rate to 10 per-
prepare and maintain on file a record cent of all covered employees if the Ad-
stating the reasons the test was not ministrator determines that the data
promptly administered. If a test re- received under the reporting require-
quired by this section is not adminis- ments of this subpart for two consecu-
tered within 8 hours following the acci- tive calendar years indicate that the
dent, the employer shall cease at- violation rate is less than 0.5 percent.
tempts to administer an alcohol test (ii) When the minimum annual per-
and shall prepare and maintain the centage rate for random alcohol test-
same record. Records shall be sub- ing is 50 percent, the Administrator
mitted to the FAA upon request of the may lower this rate to 25 percent of all
Administrator or his or her designee. covered employees if the Adminis-
(3) A covered employee who is subject trator determines that the data re-
to post-accident testing shall remain ceived under the reporting require-
readily available for such testing or ments of this subpart for two consecu-
may be deemed by the employer to tive calendar years indicate that the
spaschal on DSKJM0X7X2PROD with CFR

have refused to submit to testing. violation rate is less than 1.0 percent
Nothing in this section shall be con- but equal to or greater than 0.5 per-
strued to require the delay of necessary cent.

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Federal Aviation Administration, DOT § 120.217

(4)(i) When the minimum annual per- for random testing throughout the
centage rate for random alcohol test- year, add the total number of safety-
ing is 10 percent, and the data received sensitive employees eligible for testing
under the reporting requirements of during each random testing period for
this subpart for that calendar year in- the year and divide that total by the
dicate that the violation rate is equal number of random testing periods.
to or greater than 0.5 percent but less Only safety-sensitive employees are to
than 1.0 percent, the Administrator be in an employer’s random testing
will increase the minimum annual per- pool, and all safety-sensitive employ-
centage rate for random alcohol test- ees must be in the random pool. If you
ing to 25 percent of all covered employ- are an employer conducting random
ees. testing more often than once per
(ii) When the minimum annual per- month (e.g., you select daily, weekly,
centage rate for random alcohol test- bi-weekly) you do not need to compute
ing is 25 percent or less, and the data this total number of safety-sensitive
received under the reporting require- employees more than on a once per
ments of this subpart for that calendar month basis.
year indicate that the violation rate is (ii) As an employer, you may use a
equal to or greater than 1.0 percent, service agent to perform random selec-
the Administrator will increase the tions for you, and your safety-sensitive
minimum annual percentage rate for employees may be part of a larger ran-
random alcohol testing to 50 percent of dom testing pool of safety-sensitive
all covered employees. employees. However, you must ensure
(5) The selection of employees for that the service agent you use is test-
random alcohol testing shall be made ing at the appropriate percentage es-
by a scientifically valid method, such tablished for your industry and that
as a random-number table or a com- only safety-sensitive employees are in
puter-based random number generator the random testing pool. For example:
that is matched with employees’ Social (A) If the service agent has your em-
Security numbers, payroll identifica- ployees in a random testing pool for
tion numbers, or other comparable your company alone, you must ensure
identifying numbers. Under the selec- that the testing is conducted at least
tion process used, each covered em- at the minimum annual percentage
ployee shall have an equal chance of rate under this part.
being tested each time selections are (B) If the service agent has your em-
made. ployees in a random testing pool com-
(6) As an employer, you must select bined with other FAA-regulated com-
and test a percentage of employees at panies, you must ensure that the test-
least equal to the minimum annual ing is conducted at least at the min-
percentage rate each year. imum annual percentage rate under
(i) As an employer, to determine this part.
whether you have met the minimum (C) If the service agent has your em-
annual percentage rate, you must di- ployees in a random testing pool com-
vide the number of random alcohol bined with other DOT-regulated com-
screening test results for safety-sen- panies, you must ensure that the test-
sitive employees by the average num- ing is conducted at least at the highest
ber of safety-sensitive employees eligi- rate required for any DOT-regulated
ble for random testing. company in the pool.
(A) To calculate whether you have (7) Each employer shall ensure that
met the annual minimum percentage random alcohol tests conducted under
rate, count all random screening test this subpart are unannounced and that
results below 0.02 breath alcohol con- the dates for administering random
centration, random screening test re- tests are spread reasonably throughout
sults of 0.02 or greater breath alcohol the calendar year.
concentration, and random refusals as (8) Each employer shall require that
your ‘‘random alcohol screening test each covered employee who is notified
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results.’’ of selection for random testing pro-


(B) To calculate the average number ceeds to the testing site immediately;
of safety-sensitive employees eligible provided, however, that if the employee

53

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§ 120.217 14 CFR Ch. I (1–1–21 Edition)

is performing a safety-sensitive func- (3) Alcohol testing is authorized by


tion at the time of the notification, the this section only if the observations re-
employer shall instead ensure that the quired by paragraph (d)(2) of this sec-
employee ceases to perform the safety- tion are made during, just preceding,
sensitive function and proceeds to the or just after the period of the work day
testing site as soon as possible. that the covered employee is required
(9) A covered employee shall only be to be in compliance with this rule. An
randomly tested while the employee is employee may be directed by the em-
performing safety-sensitive functions; ployer to undergo reasonable suspicion
just before the employee is to perform testing for alcohol only while the em-
safety-sensitive functions; or just after ployee is performing safety-sensitive
the employee has ceased performing functions; just before the employee is
such functions. to perform safety-sensitive functions;
(10) If a given covered employee is or just after the employee has ceased
subject to random alcohol testing performing such functions.
under the alcohol testing rules of more (4)(i) If a test required by this section
than one DOT agency, the employee is not administered within 2 hours fol-
shall be subject to random alcohol test- lowing the determination made under
ing at the percentage rate established paragraph (d)(2) of this section, the em-
for the calendar year by the DOT agen- ployer shall prepare and maintain on
cy regulating more than 50 percent of file a record stating the reasons the
the employee’s functions. test was not promptly administered. If
a test required by this section is not
(11) If an employer is required to con-
administered within 8 hours following
duct random alcohol testing under the
the determination made under para-
alcohol testing rules of more than one
graph (d)(2) of this section, the em-
DOT agency, the employer may—
ployer shall cease attempts to admin-
(i) Establish separate pools for ran- ister an alcohol test and shall state in
dom selection, with each pool con- the record the reasons for not admin-
taining the covered employees who are istering the test.
subject to testing at the same required (ii) Notwithstanding the absence of a
rate; or reasonable suspicion alcohol test under
(ii) Randomly select such employees this section, no covered employee shall
for testing at the highest percentage report for duty or remain on duty re-
rate established for the calendar year quiring the performance of safety-sen-
by any DOT agency to which the em- sitive functions while the employee is
ployer is subject. under the influence of, or impaired by,
(d) Reasonable suspicion alcohol test- alcohol, as shown by the behavioral,
ing. (1) An employer shall require a speech, or performance indicators of al-
covered employee to submit to an alco- cohol misuse, nor shall an employer
hol test when the employer has reason- permit the covered employee to per-
able suspicion to believe that the em- form or continue to perform safety-sen-
ployee has violated the alcohol misuse sitive functions until:
prohibitions in §§ 120.19 or 120.37. (A) An alcohol test is administered
(2) The employer’s determination and the employee’s alcohol concentra-
that reasonable suspicion exists to re- tion measures less than 0.02; or
quire the covered employee to undergo (B) The start of the employee’s next
an alcohol test shall be based on spe- regularly scheduled duty period, but
cific, contemporaneous, articulable ob- not less than 8 hours following the de-
servations concerning the appearance, termination made under paragraph
behavior, speech or body odors of the (d)(2) of this section that there is rea-
employee. The required observations sonable suspicion that the employee
shall be made by a supervisor who is has violated the alcohol misuse provi-
trained in detecting the symptoms of sions in §§ 120.19 or 120.37.
alcohol misuse. The supervisor who (iii) No employer shall take any ac-
makes the determination that reason- tion under this subpart against a cov-
spaschal on DSKJM0X7X2PROD with CFR

able suspicion exists shall not conduct ered employee based solely on the em-
the breath alcohol test on that em- ployee’s behavior and appearance in
ployee. the absence of an alcohol test. This

54

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Federal Aviation Administration, DOT § 120.219

does not prohibit an employer with au- compliance with the provisions of
thority independent of this subpart § 120.221(f) if the employer chooses to
from taking any action otherwise con- permit the employee to perform a safe-
sistent with law. ty-sensitive function within 8 hours
(e) Return-to-duty alcohol testing. following the administration of an al-
Each employer shall ensure that before cohol test indicating an alcohol con-
a covered employee returns to duty re- centration of 0.02 or greater but less
quiring the performance of a safety- than 0.04.
sensitive function after engaging in
conduct prohibited in §§ 120.19 or 120.37 § 120.219 Handling of test results,
the employee shall undergo a return- record retention, and confiden-
to-duty alcohol test with a result indi- tiality.
cating an alcohol concentration of less (a) Retention of records. (1) General re-
than 0.02. The test cannot occur until quirement. In addition to the records re-
after the SAP has determined that the quired to be maintained under 49 CFR
employee has successfully complied part 40, employers must maintain
with the prescribed education and/or records required by this subpart in a
treatment. secure location with controlled access.
(f) Follow-up alcohol testing. (1) Each (2) Period of retention.
employer shall ensure that the em- (i) Five years.
ployee who engages in conduct prohib- (A) Copies of any annual reports sub-
ited by §§ 120.19 or 120.37, is subject to mitted to the FAA under this subpart
unannounced follow-up alcohol testing for a minimum of 5 years.
as directed by a SAP. (B) Records of notifications to the
(2) The number and frequency of such Federal Air Surgeon of refusals to sub-
testing shall be determined by the em- mit to testing and violations of the al-
ployer’s SAP, but must consist of at cohol misuse prohibitions in this chap-
least six tests in the first 12 months ter by covered employees who hold
following the employee’s return to medical certificates issued under part
duty. 67 of this chapter.
(3) The employer must direct the em- (C) Documents presented by a cov-
ployee to undergo testing for drugs in ered employee to dispute the result of
accordance with subpart E of this part, an alcohol test administered under this
in addition to alcohol, if the SAP de- subpart.
termines that drug testing is necessary (D) Records related to other viola-
for the particular employee. Any such tions of §§ 120.19 or 120.37.
drug testing shall be conducted in ac- (ii) Two years. Records related to the
cordance with the provisions of 49 CFR testing process and training required
part 40. under this subpart.
(4) Follow-up testing shall not exceed (A) Documents related to the random
60 months after the date the individual selection process.
begins to perform, or returns to the (B) Documents generated in connec-
performance of, a safety-sensitive func- tion with decisions to administer rea-
tion. The SAP may terminate the re- sonable suspicion alcohol tests.
quirement for follow-up testing at any (C) Documents generated in connec-
time after the first six tests have been tion with decisions on post-accident
conducted, if the SAP determines that tests.
such testing is no longer necessary. (D) Documents verifying existence of
(5) A covered employee shall be test- a medical explanation of the inability
ed for alcohol under this section only of a covered employee to provide ade-
while the employee is performing safe- quate breath for testing.
ty-sensitive functions, just before the (E) Materials on alcohol misuse
employee is to perform safety-sensitive awareness, including a copy of the em-
functions, or just after the employee ployer’s policy on alcohol misuse.
has ceased performing such functions. (F) Documentation of compliance
(g) Retesting of covered employees with with the requirements of § 120.223(a).
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an alcohol concentration of 0.02 or greater (G) Documentation of training pro-


but less than 0.04. Each employer shall vided to supervisors for the purpose of
retest a covered employee to ensure qualifying the supervisors to make a

55

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§ 120.221 14 CFR Ch. I (1–1–21 Edition)

determination concerning the need for (c) Access to records and facilities. (1)
alcohol testing based on reasonable Except as required by law or expressly
suspicion. authorized or required in this subpart,
(H) Certification that any training no employer shall release covered em-
conducted under this subpart complies ployee information that is contained in
with the requirements for such train- records required to be maintained
ing. under this subpart.
(b) Annual reports. (1) Annual reports (2) A covered employee is entitled,
of alcohol testing program results upon written request, to obtain copies
must be submitted to the FAA by of any records pertaining to the em-
March 15 of the succeeding calendar ployee’s use of alcohol, including any
year for the prior calendar year (Janu- records pertaining to his or her alcohol
ary 1 through December 31) in accord- tests in accordance with 49 CFR part
ance with the provisions of paragraphs 40. The employer shall promptly pro-
(b)(1)(i) through (iii) of this section. vide the records requested by the em-
(i) Each part 121 certificate holder ployee. Access to an employee’s records
shall submit an annual report each shall not be contingent upon payment
year. for records other than those specifi-
(ii) Each entity conducting an alco- cally requested.
hol testing program under this part, (3) Each employer shall permit access
other than a part 121 certificate holder, to all facilities utilized in complying
that has 50 or more employees per- with the requirements of this subpart
forming a safety-sensitive function on to the Secretary of Transportation or
January 1 of any calendar year shall any DOT agency with regulatory au-
submit an annual report to the FAA for thority over the employer or any of its
that calendar year. covered employees.
(iii) The Administrator reserves the
right to require that aviation employ- § 120.221 Consequences for employees
engaging in alcohol-related con-
ers not otherwise required to submit duct.
annual reports prepare and submit
such reports to the FAA. Employers (a) Removal from safety-sensitive func-
that will be required to submit annual tion. (1) Except as provided in 49 CFR
reports under this provision will be no- part 40, no covered employee shall per-
tified in writing by the FAA. form safety-sensitive functions if the
(2) As an employer, you must use the employee has engaged in conduct pro-
Management Information System hibited by §§ 120.19 or 120.37, or an alco-
(MIS) form and instructions as re- hol misuse rule of another DOT agency.
quired by 49 CFR part 40 (at 49 CFR (2) No employer shall permit any cov-
40.26 and appendix H to 49 CFR part 40). ered employee to perform safety-sen-
You may also use the electronic sitive functions if the employer has de-
version of the MIS form provided by termined that the employee has vio-
the DOT. The Administrator may des- lated this section.
ignate means (e.g., electronic program (b) Permanent disqualification from
transmitted via the Internet) other service. (1) An employee who violates
than hard-copy, for MIS form submis- §§ 120.19(c) or 120.37(c) is permanently
sion. For information on where to sub- precluded from performing for an em-
mit MIS forms and for the electronic ployer the safety-sensitive duties the
version of the form, see: http:// employee performed before such viola-
www.faa.gov/about/officelorg/head- tion.
quartersloffices/avs/offices/aam/ (2) An employee who engages in alco-
druglalcohol/. hol use that violates another alcohol
(3) A service agent may prepare the misuse provision of §§ 120.19 or 120.37,
MIS report on behalf of an employer. and who had previously engaged in al-
However, a company official (e.g., Des- cohol use that violated the provisions
ignated Employer Representative as of §§ 120.19 or 120.37 after becoming sub-
spaschal on DSKJM0X7X2PROD with CFR

defined in 49 CFR part 40) must certify ject to such prohibitions, is perma-
the accuracy and completeness of the nently precluded from performing for
MIS report, no matter who prepares it. an employer the safety-sensitive duties

56

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Federal Aviation Administration, DOT § 120.223

the employee performed before such tion Administration, Office of Aero-


violation. space Medicine, Drug Abatement Divi-
(c) Notice to the Federal Air Surgeon. sion (AAM–800), 800 Independence Ave-
(1) An employer who determines that a nue, SW., Washington, DC 20591, or by
covered employee who holds an airman fax to (202) 267–5200.
medical certificate issued under part 67 (e) Required evaluation and alcohol
of this chapter has engaged in alcohol testing. No covered employee who has
use that violated the alcohol misuse engaged in conduct prohibited by
provisions of §§ 120.19 or 120.37 shall no- §§ 120.19 or 120.37 shall perform safety-
tify the Federal Air Surgeon within 2 sensitive functions unless the em-
working days. ployee has met the requirements of 49
(2) Each such employer shall forward CFR part 40. No employer shall permit
to the Federal Air Surgeon a copy of a covered employee who has engaged in
the report of any evaluation performed such conduct to perform safety-sen-
under the provisions of § 120.223(c) with- sitive functions unless the employee
in 2 working days of the employer’s re- has met the requirements of 49 CFR
ceipt of the report. part 40.
(3) All documents must be sent to the (f) Other alcohol-related conduct. (1)
Federal Air Surgeon, Federal Aviation No covered employee tested under this
Administration, Office of Aerospace subpart who is found to have an alco-
Medicine, Attn: Drug Abatement Divi- hol concentration of 0.02 or greater but
sion (AAM–800), 800 Independence Ave- less than 0.04 shall perform or continue
nue, SW., Washington, DC 20591. to perform safety-sensitive functions
(4) No covered employee who is re- for an employer, nor shall an employer
quired to hold an airman medical cer- permit the employee to perform or con-
tificate in order to perform a safety- tinue to perform safety-sensitive func-
sensitive duty may perform that duty tions, until:
following a violation of this subpart (i) The employee’s alcohol concentra-
until the covered employee obtains an tion measures less than 0.02; or
airman medical certificate issued by (ii) The start of the employee’s next
the Federal Air Surgeon dated after regularly scheduled duty period, but
the alcohol test result or refusal to not less than 8 hours following admin-
test date. After the covered employee istration of the test.
obtains this airman medical certifi- (2) Except as provided in paragraph
cate, the SAP may recommend to the (f)(1) of this section, no employer shall
employer that the covered employee take any action under this rule against
may be returned to a safety-sensitive an employee based solely on test re-
position. The receipt of an airman med- sults showing an alcohol concentration
ical certificate does not alter any obli- less than 0.04. This does not prohibit an
gations otherwise required by 49 CFR employer with authority independent
part 40 or this subpart. of this rule from taking any action
(5) Once the Federal Air Surgeon has otherwise consistent with law.
recommended under paragraph (c)(4) of [Doc. No. FAA–2008–0937, 74 FR 22653, May 14,
this section that the employee be per- 2009, as amended by Amdt. 120–1, 78 FR 42004,
mitted to perform safety-sensitive du- July 15, 2013]
ties, the employer cannot permit the
employee to perform those safety-sen- § 120.223 Alcohol misuse information,
sitive duties until the employer has en- training, and substance abuse pro-
sured that the employee meets the re- fessionals.
turn to duty requirements in accord- (a) Employer obligation to promulgate a
ance with 49 CFR part 40. policy on the misuse of alcohol. (1) Gen-
(d) Notice of refusals. Each covered eral requirements. Each employer shall
employer must notify the FAA within 2 provide educational materials that ex-
working days of any employee who plain these alcohol testing require-
holds a certificate issued under part 61, ments and the employer’s policies and
part 63, or part 65 of this chapter who procedures with respect to meeting
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has refused to submit to an alcohol those requirements.


test required under this subpart. Noti- (i) The employer shall ensure that a
fication must be sent to: Federal Avia- copy of these materials is distributed

57

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§ 120.225 14 CFR Ch. I (1–1–21 Edition)

to each covered employee prior to the (xi) Information concerning the ef-
start of alcohol testing under the em- fects of alcohol misuse on an individ-
ployer’s FAA-mandated alcohol testing ual’s health, work, and personal life;
program and to each individual subse- signs and symptoms of an alcohol prob-
quently hired for or transferred to a lem; available methods of evaluating
covered position. and resolving problems associated with
(ii) Each employer shall provide writ- the misuse of alcohol; and intervening
ten notice to representatives of em- when an alcohol problem is suspected,
ployee organizations of the availability including confrontation, referral to
of this information. any available employee assistance pro-
(2) Required content. The materials to gram, and/or referral to management.
be made available to employees shall (xii) Optional provisions. The mate-
include detailed discussion of at least rials supplied to covered employees
the following: may also include information on addi-
(i) The identity of the individual des- tional employer policies with respect
ignated by the employer to answer em- to the use or possession of alcohol, in-
ployee questions about the materials. cluding any consequences for an em-
(ii) The categories of employees who ployee found to have a specified alco-
are subject to the provisions of these hol level, that are based on the employ-
alcohol testing requirements. er’s authority independent of this sub-
(iii) Sufficient information about the part. Any such additional policies or
safety-sensitive functions performed by consequences must be clearly and obvi-
those employees to make clear what ously described as being based on inde-
period of the work day the covered em- pendent authority.
ployee is required to be in compliance (b) Training for supervisors. Each em-
with these alcohol testing require- ployer shall ensure that persons des-
ments. ignated to determine whether reason-
(iv) Specific information concerning able suspicion exists to require a cov-
employee conduct that is prohibited by ered employee to undergo alcohol test-
this chapter. ing under § 120.217(d) of this subpart re-
(v) The circumstances under which a ceive at least 60 minutes of training on
covered employee will be tested for al- the physical, behavioral, speech, and
cohol under this subpart. performance indicators of probable al-
(vi) The procedures that will be used cohol misuse.
to test for the presence of alcohol, pro- (c) Substance abuse professional (SAP)
tect the employee and the integrity of duties. The SAP must perform the func-
the breath testing process, safeguard tions set forth in 49 CFR part 40, sub-
the validity of the test results, and en- part O, and this subpart.
sure that those results are attributed
to the correct employee. § 120.225 How to implement an alcohol
testing program.
(vii) The requirement that a covered
employee submit to alcohol tests ad- (a) Each company must meet the re-
ministered in accordance with this sub- quirements of this subpart. Use the fol-
part. lowing chart to determine whether
(viii) An explanation of what con- your company must obtain an Anti-
stitutes a refusal to submit to an alco- drug and Alcohol Misuse Prevention
hol test and the attendant con- Program Operations Specification, Let-
sequences. ter of Authorization, or Drug and Alco-
(ix) The consequences for covered hol Testing Program Registration from
employees found to have violated the the FAA:
prohibitions in this chapter, including If you are . . . You must . . .
the requirement that the employee be
removed immediately from performing (1) A part 119 cer- Obtain an Antidrug and Alcohol Misuse
tificate holder with Prevention Program Operations
safety-sensitive functions, and the authority to oper- Specification by contacting your FAA
process in 49 CFR part 40, subpart O. ate under part Principal Operations Inspector.
(x) The consequences for covered em- 121 or 135.
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(2) An operator as Obtain a Letter of Authorization by con-


ployees found to have an alcohol con- defined in tacting the Flight Standards District
centration of 0.02 or greater but less § 91.147 of this Office nearest to your principal place
than 0.04. chapter. of business.

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Federal Aviation Administration, DOT § 120.225

If you are . . . You must . . . If you . . . You must . . .

(3) A part 119 cer- Complete the requirements in para- (2) Intend to begin (i) Have a Letter of Authorization,
tificate holder with graphs 1 and 2 of this chart and ad- operations as de- (ii) Implement an FAA alcohol testing
authority to oper- vise the Flight Standards District Of- fined in § 91.147 program no later than the date you
ate under part fice and Drug Abatement Division of this chapter. start operations, and
121 or part 135 that the § 91.147 operation will be in- (iii) Meet the requirements of this sub-
and an operator cluded under the part 119 testing part.
as defined in program. Contact Drug Abatement (3) Apply for a part (i) Have an Antidrug and Alcohol Mis-
§ 91.147 of this Division at FAA, Office of Aerospace 119 certificate use Prevention Program Operations
chapter. Medicine, Drug Abatement Division with authority to Specification and a Letter of Author-
(AAM–800), 800 Independence Ave- operate under ization,
nue SW., Washington, DC 20591. parts 121 or 135 (ii) Implement your combined FAA al-
(4) An air traffic Register with the FAA, Office of Aero- and intend to cohol testing program no later than
control facility not space Medicine, Drug Abatement Di- begin operations the date you start operations, and
operated by the vision (AAM–800), 800 Independ- as defined in
FAA or by or ence Avenue SW., Washington, DC § 91.147 of this
under contract to 20591. chapter.
the U.S. Military. (iii) Meet the requirements of this sub-
(5) A part 145 cer- Obtain an Antidrug and Alcohol Misuse part.
tificate holder Prevention Program Operations (4) Intend to begin (i) Register with the FAA, Office of
who has your Specification by contacting your Prin- air traffic control Aerospace Medicine, Drug Abate-
own alcohol test- cipal Maintenance Inspector or reg- operations (at an ment Division (AAM–800), 800 Inde-
ing program. ister with the FAA Office of Aero- air traffic control pendence Avenue SW., Washington,
space Medicine, Drug Abatement Di- facility not oper- DC 20591, prior to starting oper-
vision (AAM–800), 800 Independ- ated by the FAA ations,
ence Avenue SW., Washington, DC or by or under
20591, if you opt to conduct your contract to the
own alcohol testing program. U.S. military).
(6) A contractor Register with the FAA, Office of Aero- (ii) Implement an FAA alcohol testing
who has your space Medicine, Drug Abatement Di- program no later than the date you
own alcohol test- vision (AAM–800), 800 Independ- start operations, and
ing program. ence Avenue SW., Washington, DC (iii) Meet the requirements of this sub-
20591, if you opt to conduct your part.
own alcohol testing program.
(c) If you are an individual or a com-
(b) Use the following chart for imple- pany that intends to provide safety-
menting an alcohol testing program if sensitive services by contract to a part
you are applying for a part 119 certifi- 119 certificate holder with authority to
cate with authority to operate under operate under parts 121 and/or 135 of
part 121 or part 135 of this chapter, if this chapter or an operator as defined
you intend to begin operations as de- in § 91.147 of this chapter, use the fol-
fined in § 91.147 of this chapter, or if lowing chart to determine what you
you intend to begin air traffic control must do if you opt to have your own al-
operations (not operated by the FAA or cohol testing program.
by or under contract to the U.S. Mili-
And you opt to conduct your own Alco-
tary). Use it to determine whether you If you . . . hol Testing Program, you must . . .
need to have an Antidrug and Alcohol
(1) Are a part 145 (i) Have an Antidrug and Alcohol Mis-
Misuse Prevention Program Operations certificate holder. use Prevention Program Operations
Specification, Letter of Authorization, Specifications or register with the
or Drug and Alcohol Testing Program FAA, Office of Aerospace Medicine,
Drug Abatement Division (AAM–
Registration from the FAA. Your em- 800), 800 Independence Avenue,
ployees who perform safety-sensitive SW., Washington, DC 20591,
duties must be tested in accordance (ii) Implement an FAA alcohol testing
program no later than the date you
with this subpart. The chart follows: start performing safety-sensitive
functions for a part 119 certificate
If you . . . You must . . . holder with the authority to operate
under parts 121 and/or 135, or oper-
(1) Apply for a part (i) Have an Antidrug and Alcohol Mis- ator as defined in § 91.147 of this
119 certificate use Prevention Program Operations chapter, and
with authority to Specification, (iii) Meet the requirements of this sub-
operate under part as if you were an employer.
parts 121 or 135.
(ii) Implement an FAA alcohol testing (2) Are a contractor (i) Register with the FAA, Office of
spaschal on DSKJM0X7X2PROD with CFR

program no later than the date you Aerospace Medicine, Drug Abate-
start operations, and ment Division (AAM–800), 800 Inde-
(iii) Meet the requirements of this sub- pendence Avenue, SW., Wash-
part. ington, DC 20591,

59

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§ 120.225 14 CFR Ch. I (1–1–21 Edition)

If you . . . And you opt to conduct your own Alco- (iii) Address where your drug and al-
hol Testing Program, you must . . . cohol testing program records are kept.
(ii) Implement an FAA alcohol testing (iv) Type of safety-sensitive func-
program no later than the date you tions you or your employees perform
start performing safety-sensitive (such as flight instruction duties, air-
functions for a part 119 certificate
holder with authority to operate craft dispatcher duties, maintenance or
under parts 121 and/or 135, or oper- preventive maintenance duties, ground
ator as defined in § 91.147 of this security coordinator duties, aviation
chapter, and
screening duties, air traffic control du-
(iii) Meet the requirements of this sub-
part as if you were an employer. ties).
(v) Whether you have 50 or more cov-
(d)(1) To obtain an Antidrug and Al- ered employees, or 49 or fewer covered
cohol Misuse Prevention Program Op- employees.
erations Specification, you must con- (vi) A signed statement indicating
tact your FAA Principal Operations In- that your company will comply with
spector or Principal Maintenance In- this part and 49 CFR part 40.
spector. Provide him/her with the fol- (2) This Letter of Authorization will
lowing information: satisfy the requirements for both your
(i) Company name. drug testing program under subpart E
(ii) Certificate number. of this part and your alcohol testing
(iii) Telephone number. program under this subpart.
(3) Update the Letter of Authoriza-
(iv) Address where your drug and al-
tion information as changes occur.
cohol testing program records are kept.
Send the updates to the Flight Stand-
(v) Whether you have 50 or more cov- ards District Office nearest your prin-
ered employees, or 49 or fewer covered cipal place of business.
employees. (Part 119 certificate holders (4) If you are a part 119 certificate
with authority to operate only under holder with authority to operate under
part 121 of this chapter are not re- part 121 or part 135 and intend to begin
quired to provide this information.) operations as defined in § 91.147 of this
(2) You must certify on your Anti- chapter, you must also advise the Fed-
drug and Alcohol Misuse Prevention eral Aviation Administration, Office of
Program Operations Specification, Aerospace Medicine, Drug Abatement
issued by your FAA Principal Oper- Division (AAM–800), 800 Independence
ations Inspector or Principal Mainte- Avenue SW., Washington, DC 20591.
nance Inspector, that you will comply (f) Obtaining a Drug and Alcohol Test-
with this part and 49 CFR part 40. ing Program Registration from the FAA.
(3) You are required to obtain only (1) Except as provided in paragraphs (d)
one Antidrug and Alcohol Misuse Pre- and (e) of this section, to obtain a Drug
vention Program Operations Specifica- and Alcohol Testing Program Registra-
tion to satisfy this requirement under tion from the FAA you must submit
this part. the following information to the Office
(4) You must update the Antidrug of Aerospace Medicine, Drug Abate-
and Alcohol Misuse Prevention Pro- ment Division:
gram Operations Specification when (i) Company name.
any changes to the information con- (ii) Telephone number.
tained in the Operation Specification (iii) Address where your drug and al-
occur. cohol testing program records are kept.
(e) Register your Drug and Alcohol (iv) Type of safety-sensitive func-
Testing Program by obtaining a Letter of tions you or your employees perform
Authorization from the FAA in accord- (such as flight instruction duties, air-
ance with § 91.147. (1) A drug and alcohol craft dispatcher duties, maintenance or
testing program is considered reg- preventive maintenance duties, ground
istered when the following information security coordinator duties, aviation
is submitted to the Flight Standards screening duties, air traffic control du-
District Office nearest your principal ties).
spaschal on DSKJM0X7X2PROD with CFR

place of business: (v) Whether you have 50 or more cov-


(i) Company name. ered employees, or 49 or fewer covered
(ii) Telephone number. employees.

60

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Federal Aviation Administration, DOT Pt. 121

(vi) A signed statement indicating PART 121—OPERATING REQUIRE-


that: your company will comply with MENTS: DOMESTIC, FLAG, AND
this part and 49 CFR part 40; and you SUPPLEMENTAL OPERATIONS
intend to provide safety-sensitive func-
tions by contract (including sub-
SPECIAL FEDERAL AVIATION REGULATION NO.
contract at any tier) to a part 119 cer-
50–2 [NOTE]
tificate holder with authority to oper- SPECIAL FEDERAL AVIATION REGULATION NO.
ate under part 121 or part 135 of this 71 [NOTE]
chapter, an operator as defined in SPECIAL FEDERAL AVIATION REGULATION NO.
§ 91.147 of this chapter, or an air traffic 97 [NOTE]
control facility not operated by the
FAA or by or under contract to the Subpart A—General
U.S. military. Sec.
(2) Send this information to the Fed- 121.1 Applicability.
eral Aviation Administration, Office of 121.2 Compliance schedule for operators
Aerospace Medicine, Drug Abatement that transition to part 121; certain new
Division (AAM–800), 800 Independence entrant operators.
Avenue SW., Washington, DC 20591. 121.4 Applicability of rules to unauthorized
operators.
(3) This Drug and Alcohol Testing 121.7 Definitions.
Program Registration will satisfy the 121.9 Fraud and falsification.
registration requirements for both 121.11 Rules applicable to operations in a
your drug testing program under sub- foreign country.
part E of this part and your alcohol 121.15 Carriage of narcotic drugs, mari-
testing program under this subpart. huana, and depressant or stimulant drugs
(4) Update the registration informa- or substances.
tion as changes occur. Send the up- Subpart B—Certification Rules for Domestic
dates to the address specified in para- and Flag Air Carriers [Reserved]
graph (f)(2) of this section.
[Doc. No. FAA–2008–0937, 74 FR 22653, May 14, Subpart C—Certification Rules for Supple-
2009; Amdt. 120–0A, 75 FR 3154, Jan. 20, 2010, mental Air Carriers and Commercial
as amended by Amdt. 120–1, 78 FR 42005, July Operators [Reserved]
15, 2013]
Subpart D—Rules Governing All Certificate
§ 120.227 Employees located outside Holders Under This Part [Reserved]
the U.S.
Subpart E—Approval of Routes: Domestic
(a) No covered employee shall be and Flag Operations
tested for alcohol misuse while located
outside the territory of the United 121.91 Applicability.
States. 121.93 Route requirements: General.
(1) Each covered employee who is as- 121.95 Route width.
121.97 Airports: Required data.
signed to perform safety-sensitive 121.99 Communications facilities—domestic
functions solely outside the territory and flag operations.
of the United States shall be removed 121.101 Weather reporting facilities.
from the random testing pool upon the 121.103 En route navigation facilities.
inception of such assignment. 121.105 Servicing and maintenance facili-
(2) Each covered employee who is re- ties.
moved from the random testing pool 121.106 ETOPS Alternate Airport: Rescue
and fire fighting service.
under this paragraph shall be returned 121.107 Dispatch centers.
to the random testing pool when the
employee resumes the performance of Subpart F—Approval of Areas and Routes
safety-sensitive functions wholly or for Supplemental Operations
partially within the territory of the
United States. 121.111 Applicability.
121.113 Area and route requirements: Gen-
(b) The provisions of this subpart
eral.
shall not apply to any person who per- 121.115 Route width.
spaschal on DSKJM0X7X2PROD with CFR

forms a safety-sensitive function by 121.117 Airports: Required data.


contract for an employer outside the 121.119 Weather reporting facilities.
territory of the United States. 121.121 En route navigation facilities.

61

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Pt. 121 14 CFR Ch. I (1–1–21 Edition)
121.122 Communications facilities—supple- 121.198 Cargo service airplanes: Increased
mental operations. zero fuel and landing weights.
121.123 Servicing maintenance facilities. 121.199 Nontransport category airplanes:
121.125 Flight following system. Takeoff limitations.
121.127 Flight following system; require- 121.201 Nontransport category airplanes: En
ments. route limitations: One engine inoper-
ative.
Subpart G—Manual Requirements 121.203 Nontransport category airplanes:
Landing limitations: Destination airport.
121.131 Applicability. 121.205 Nontransport category airplanes:
121.133 Preparation. Landing limitations: Alternate airport.
121.135 Manual contents. 121.207 Provisionally certificated airplanes:
121.137 Distribution and availability. Operating limitations.
121.139 Requirements for manual aboard air-
craft: Supplemental operations. Subpart J—Special Airworthiness
121.141 Airplane flight manual. Requirements
Subpart H—Aircraft Requirements 121.211 Applicability.
121.213 [Reserved]
121.151 Applicability. 121.215 Cabin interiors.
121.153 Aircraft requirements: General. 121.217 Internal doors.
121.155 [Reserved] 121.219 Ventilation.
121.157 Aircraft certification and equipment 121.221 Fire precautions.
requirements. 121.223 Proof of compliance with § 121.221.
121.159 Single-engine airplanes prohibited. 121.225 Propeller deicing fluid.
121.161 Airplane limitations: Type of route. 121.227 Pressure cross-feed arrangements.
121.162 ETOPS Type Design Approval Basis. 121.229 Location of fuel tanks.
121.163 Aircraft proving tests. 121.231 Fuel system lines and fittings.
121.233 Fuel lines and fittings in designated
Subpart I—Airplane Performance fire zones.
Operating Limitations 121.235 Fuel valves.
121.237 Oil lines and fittings in designated
121.171 Applicability. fire zones.
121.173 General. 121.239 Oil valves.
121.175 Airplanes: Reciprocating engine- 121.241 Oil system drains.
powered: Weight limitations. 121.243 Engine breather lines.
121.177 Airplanes: Reciprocating engine- 121.245 Fire walls.
powered: Takeoff limitations. 121.247 Fire-wall construction.
121.179 Airplanes: Reciprocating engine- 121.249 Cowling.
powered: En route limitations: All en- 121.251 Engine accessory section diaphragm.
gines operating. 121.253 Powerplant fire protection.
121.181 Airplanes: Reciprocating engine- 121.255 Flammable fluids.
powered: En route limitations: One en- 121.257 Shutoff means.
gine inoperative. 121.259 Lines and fittings.
121.183 Part 25 airplanes with four or more 121.261 Vent and drain lines.
engines: Reciprocating engine powered: 121.263 Fire-extinguishing systems.
En route limitations: Two engines inop- 121.265 Fire-extinguishing agents.
erative. 121.267 Extinguishing agent container pres-
121.185 Airplanes: Reciprocating engine- sure relief.
powered: Landing limitations: Destina- 121.269 Extinguishing agent container com-
tion airport. partment temperature.
121.187 Airplanes: Reciprocating engine- 121.271 Fire-extinguishing system mate-
powered: Landing limitations: Alternate rials.
airport. 121.273 Fire-detector systems.
121.189 Airplanes: Turbine engine powered: 121.275 Fire detectors.
Takeoff limitations. 121.277 Protection of other airplane compo-
121.191 Airplanes: Turbine engine powered: nents against fire.
En route limitations: One engine inoper- 121.279 Control of engine rotation.
ative. 121.281 Fuel system independence.
121.193 Airplanes: Turbine engine powered: 121.283 Induction system ice prevention.
En route limitations: Two engines inop- 121.285 Carriage of cargo in passenger com-
erative. partments.
121.195 Airplanes: Turbine engine powered: 121.287 Carriage of cargo in cargo compart-
Landing limitations: Destination air- ments.
spaschal on DSKJM0X7X2PROD with CFR

ports. 121.289 Landing gear: Aural warning device.


121.197 Airplanes: Turbine engine powered: 121.291 Demonstration of emergency evacu-
Landing limitations: Alternate airports. ation procedures.

62

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Federal Aviation Administration, DOT Pt. 121
121.293 Special airworthiness requirements 121.351 Communication and navigation
for nontransport category airplanes type equipment for extended over-water oper-
certificated after December 31, 1964. ations and for certain other operations.
121.295 Location for a suspect device. 121.353 Emergency equipment for operations
over uninhabited terrain areas: Flag,
Subpart K—Instrument and Equipment supplemental, and certain domestic oper-
Requirements ators.
121.354 Terrain awareness and warning sys-
121.301 Applicability. tem.
121.303 Airplane instruments and equip- 121.355 Equipment for operations on which
ment. specialized means of navigation are used.
121.305 Flight and navigational equipment. 121.356 Collision Avoidance System.
121.306 Portable electronic devices. 121.357 Airborne weather radar equipment
121.307 Engine instruments. requirements.
121.308 Lavatory fire protection. 121.358 Low-altitude windshear system
121.309 Emergency equipment. equipment requirements.
121.310 Additional emergency equipment.
121.359 Cockpit voice recorders.
121.311 Seats, safety belts, and shoulder har-
121.360 [Reserved]
nesses.
121.312 Materials for compartment inte-
riors.
Subpart L—Maintenance, Preventive
121.313 Miscellaneous equipment. Maintenance, and Alterations
121.314 Cargo and baggage compartments. 121.361 Applicability.
121.315 Cockpit check procedure.
121.363 Responsibility for airworthiness.
121.316 Fuel tanks.
121.365 Maintenance, preventive mainte-
121.317 Passenger information require-
nance, and alteration organization.
ments, smoking prohibitions, and addi-
121.367 Maintenance, preventive mainte-
tional seat belt requirements.
nance, and alterations programs.
121.318 Public address system.
121.319 Crewmember interphone system. 121.368 Contract maintenance.
121.321 Operations in icing. 121.369 Manual requirements.
121.323 Instruments and equipment for oper- 121.370–121.370a [Reserved]
ations at night. 121.371 Required inspection personnel.
121.325 Instruments and equipment for oper- 121.373 Continuing analysis and surveil-
ations under IFR or over-the-top. lance.
121.327 Supplemental oxygen: Reciprocating 121.374 Continuous airworthiness mainte-
engine powered airplanes. nance program (CAMP) for two-engine
121.329 Supplemental oxygen for suste- ETOPS.
nance: Turbine engine powered airplanes. 121.375 Maintenance and preventive mainte-
121.331 Supplemental oxygen requirements nance training program.
for pressurized cabin airplanes: Recipro- 121.377 Maintenance and preventive mainte-
cating engine powered airplanes. nance personnel duty time limitations.
121.333 Supplemental oxygen for emergency 121.378 Certificate requirements.
descent and for first aid; turbine engine 121.379 Authority to perform and approve
powered airplanes with pressured cabins. maintenance, preventive maintenance,
121.335 Equipment standards. and alterations.
121.337 Protective breathing equipment. 121.380 Maintenance recording require-
121.339 Emergency equipment for extended ments.
over-water operations. 121.380a Transfer of maintenance records.
121.340 Emergency flotation means.
121.341 Equipment for operations in icing Subpart M—Airman and Crewmember
conditions. Requirements
121.342 Pitot heat indication systems.
121.343 Flight data recorders. 121.381 Applicability.
121.344 Digital flight data recorders for 121.383 Airman: Limitations on use of serv-
transport category airplanes. ices.
121.344a Digital flight data recorders for 10– 121.385 Composition of flight crew.
19 seat airplanes. 121.387 Flight engineer.
121.345 Radio equipment. 121.389 Flight navigator and specialized
121.346 Flight data recorders: filtered data. navigation equipment.
121.347 Communication and navigation 121.391 Flight attendants.
equipment for operations under VFR 121.392 Personnel identified as flight attend-
over routes navigated by pilotage. ants.
121.349 Communication and navigation 121.393 Crewmember requirements at stops
spaschal on DSKJM0X7X2PROD with CFR

equipment for operations under VFR where passengers remain on board.


over routes not navigated by pilotage or 121.394 Flight attendant requirements dur-
for operations under IFR or over the top. ing passenger boarding and deplaning.

63

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Pt. 121 14 CFR Ch. I (1–1–21 Edition)
121.395 Aircraft dispatcher: Domestic and 121.434 Operating experience, operating cy-
flag operations. cles, and consolidation of knowledge and
121.397 Emergency and emergency evacu- skills.
ation duties. 121.435 Pilots: Operations Familiarization.
121.436 Pilot Qualification: Certificates and
Subpart N—Training Program experience requirements.
121.438 Pilot operating limitations and pair-
121.400 Applicability and terms used.
ing requirements.
121.401 Training program: General.
121.439 Pilot qualification: Recent experi-
121.402 Training program: Special rules.
ence.
121.403 Training program: Curriculum.
121.404 Compliance dates: Crew and dis- 121.440 Line checks.
patcher resource management training. 121.441 Proficiency checks.
121.405 Training program and revision: Ini- 121.443 Pilot in command qualification:
tial and final approval. Route and airports.
121.406 Credit for previous CRM/DRM train- 121.445 Pilot in command airport qualifica-
ing. tion: Special areas and airports.
121.407 Training program: Approval of flight 121.447 [Reserved]
simulation training devices. 121.453 Flight engineer qualifications.
121.408 Training eqipment other than flight 121.455–121.459 [Reserved]
simulation training devices.
121.409 Training courses using flight simula- Subpart P—Aircraft Dispatcher
tion training devices. Qualifications and Duty Time
121.410 Airline transport pilot certification
training program. Limitations: DOMESTIC AND FLAG OPERATIONS;
121.411 Qualifications: Check airmen (air- FLIGHT ATTENDANT DUTY PERIOD LIMITA-
plane) and check airmen (simulator). TIONS AND REST REQUIREMENTS: DOMESTIC,
121.412 Qualifications: Flight instructors FLAG, AND SUPPLEMENTAL OPERATIONS
(airplane) and flight instructors (simu-
lator). 121.461 Applicability.
121.413 Initial, transition and recurrent 121.463 Aircraft dispatcher qualifications.
training and checking requirements: 121.465 Aircraft dispatcher duty time limi-
Check airmen (airplane), check airmen tations: Domestic and flag operations.
(simulator). 121.467 Flight attendant duty period limita-
121.414 Initial, transition and recurrent tions and rest requirements: Domestic,
training and checking requirements: flag, and supplemental operations.
flight instructors (airplane), flight in-
structors (simulator). Subpart Q—Flight Time Limitations and Rest
121.415 Crewmember and dispatcher training Requirements: Domestic Operations
program requirements.
121.417 Crewmember emergency training. 121.470 Applicability.
121.418 Differences training and related air- 121.471 Flight time limitations and rest re-
craft differences training. quirements: All flight crewmembers.
121.419 Pilots and flight engineers: Initial, 121.473 Fatigue risk management system.
transition, conversion and upgrade
ground training. Subpart R—Flight Time Limitations: Flag
121.420 Pilots: Upgrade ground training. Operations
121.421 Flight attendants: Initial and transi-
tion ground training. 121.480 Applicability.
121.422 Aircraft dispatchers: Initial and 121.481 Flight time limitations: One or two
transition ground training. pilot crews.
121.423 Pilots: Extended Envelope Training. 121.483 Flight time limitations: Two pilots
121.424 Pilots: Initial, transition, conver- and one additional flight crewmember.
sion, and upgrade flight training.
121.485 Flight time limitations: Three or
121.425 Flight engineers: Initial and transi- more pilots and an additional flight
tion flight training. crewmember.
121.426 Pilots: Upgrade flight training.
121.487 Flight time limitations: Pilots not
121.427 Recurrent training.
regularly assigned.
121.429 Pilots in command: Leadership and
121.489 Flight time limitations: Other com-
command and mentoring training.
mercial flying.
Subpart O—Crewmember Qualifications 121.491 Flight time limitations: Deadhead
transportation.
spaschal on DSKJM0X7X2PROD with CFR

121.431 Applicability. 121.493 Flight time limitations: Flight engi-


121.432 General. neers and flight navigators.
121.433 Training required. 121.495 Fatigue risk management system.

64

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Federal Aviation Administration, DOT Pt. 121

Subpart S—Flight Time Limitations: 121.559 Emergencies: Supplemental oper-


Supplemental Operations ations.
121.561 Reporting potentially hazardous me-
121.500 Applicability. teorological conditions and irregularities
121.503 Flight time limitations: Pilots: air- of ground facilities or navigation aids.
planes. 121.563 Reporting mechanical irregularities.
121.505 Flight time limitations: Two pilot 121.565 Engine inoperative: Landing; report-
crews: airplanes. ing.
121.507 Flight time limitations: Three pilot 121.567 Instrument approach procedures and
crews: airplanes. IFR landing minimums.
121.509 Flight time limitations: Four pilot 121.569 Equipment interchange: Domestic
crews: airplanes. and flag operations.
121.511 Flight time limitations: Flight engi- 121.570 Airplane evacuation capability.
neers: airplanes. 121.571 Briefing passengers before takeoff.
121.513 Flight time limitations: Overseas 121.573 Briefing passengers: Extended
and international operations: airplanes. overwater operations.
121.515 Flight time limitations: All airmen: 121.574 Oxygen and portable oxygen con-
airplanes. centrators for medical use by passengers.
121.517 Flight time limitations: Other com- 121.575 Alcoholic beverages.
mercial flying: airplanes. 121.576 Retention of items of mass in pas-
senger and crew compartments.
121.519 Flight time limitations: Deadhead
121.577 Stowage of food, beverage, and pas-
transportation: airplanes.
senger service equipment during airplane
121.521 Flight time limitations: Crew of two
movement on the surface, takeoff, and
pilots and one additional airman as re-
landing.
quired.
121.578 Cabin ozone concentration.
121.523 Flight time limitations: Crew of
121.579 Minimum altitudes for use of auto-
three or more pilots and additional air-
pilot.
men as required.
121.580 Prohibition on interference with
121.525 Flight time limitations: Pilots serv- crewmembers.
ing in more than one kind of flight crew. 121.581 Observer’s seat: En route inspec-
121.527 Fatigue risk management system. tions.
121.582 Means to discreetly notify a
Subpart T—Flight Operations flightcrew.
121.531 Applicability. 121.583 Carriage of persons without compli-
ance with the passenger-carrying re-
121.533 Responsibility for operational con-
quirements of this part.
trol: Domestic operations.
121.584 Requirement to view the area out-
121.535 Responsibility for operational con-
side the flightdeck door.
trol: Flag operations.
121.585 Exit seating.
121.537 Responsibility for operational con-
121.586 Authority to refuse transportation.
trol: Supplemental operations.
121.587 Closing and locking of flight crew
121.538 Aircraft security.
compartment door.
121.539 Operations notices.
121.589 Carry-on baggage.
121.541 Operations schedules: Domestic and 121.590 Use of certificated land airports in
flag operations. the United States.
121.542 Flight crewmember duties.
121.543 Flight crewmembers at controls. Subpart U—Dispatching and Flight Release
121.544 Pilot monitoring.
Rules
121.545 Manipulation of controls.
121.547 Admission to flight deck. 121.591 Applicability.
121.548 Aviation safety inspector’s creden- 121.593 Dispatching authority: Domestic op-
tials: Admission to pilot’s compartment. erations.
121.548a DOD Commercial Air Carrier Eval- 121.595 Dispatching authority: Flag oper-
uator’s Credential. ations.
121.549 Flying equipment. 121.597 Flight release authority: Supple-
121.550 Secret Service Agents: Admission to mental operations.
flight deck. 121.599 Familiarity with weather condi-
121.551 Restriction or suspension of oper- tions.
ation: Domestic and flag operations. 121.601 Aircraft dispatcher information to
121.553 Restriction or suspension of oper- pilot in command: Domestic and flag op-
ation: Supplemental operations. erations.
121.555 Compliance with approved routes 121.603 Facilities and services: Supple-
and limitations: Domestic and flag oper- mental operations.
spaschal on DSKJM0X7X2PROD with CFR

ations. 121.605 Airplane equipment.


121.557 Emergencies: Domestic and flag op- 121.607 Communication and navigation fa-
erations. cilities: Domestic and flag operations.

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Pt. 121 14 CFR Ch. I (1–1–21 Edition)
121.609 Communication and navigation fa- Subpart V—Records and Reports
cilities: Supplemental operations.
121.611 Dispatch or flight release under 121.681 Applicability.
VFR. 121.683 Crewmember and dispatcher record.
121.613 Dispatch or flight release under IFR 121.685 Aircraft record: Domestic and flag
or over the top. operations.
121.615 Dispatch or flight release over 121.687 Dispatch release: Flag and domestic
water: Flag and supplemental operations. operations.
121.617 Alternate airport for departure. 121.689 Flight release form: Supplemental
121.619 Alternate airport for destination: operations.
IFR or over-the-top: Domestic oper- 121.691 [Reserved]
ations. 121.693 Load manifest: All certificate hold-
121.621 Alternate airport for destination: ers.
Flag operations. 121.695 Disposition of load manifest, dis-
121.623 Alternate airport for destination: patch release, and flight plans: Domestic
IFR or over-the-top: Supplemental oper- and flag operations.
ations. 121.697 Disposition of load manifest, flight
121.624 ETOPS Alternate Airports.. release, and flight plans: Supplemental
121.625 Alternate Airport weather minima. operations.
121.627 Continuing flight in unsafe condi- 121.698–121.699 [Reserved]
tions. 121.701 Maintenance log: Aircraft.
121.628 Inoperable instruments and equip-
121.703 Service difficulty reports.
ment.
121.705 Mechanical interruption summary
121.629 Operation in icing conditions.
report.
121.631 Original dispatch or flight release,
121.707 Alteration and repair reports.
redispatch or amendment of dispatch or
flight release. 121.709 Airworthiness release or aircraft log
121.633 Considering time-limited systems in entry.
planning ETOPS alternates. 121.711 Communication records: Domestic
121.635 Dispatch to and from refueling or and flag operations.
provisional airports: Domestic and flag 121.713 Retention of contracts and amend-
operations. ments: Commercial operators who con-
121.637 Takeoffs from unlisted and alternate duct intrastate operations for compensa-
airports: Domestic and flag operations. tion or hire.
121.639 Fuel supply: All domestic oper-
ations. Subpart W—Crewmember Certificate:
121.641 Fuel supply: Nonturbine and turbo- International
propeller-powered airplanes: Flag oper-
ations. 121.721 Applicability.
121.643 Fuel supply: Nonturbine and turbo- 121.723 Surrender of international crew-
propeller-powered airplanes: Supple- member certificate.
mental operations.
121.645 Fuel supply: Turbine-engine powered Subpart X—Emergency Medical
airplanes, other than turbo propeller: Equipment and Training
Flag and supplemental operations.
121.646 En-route fuel supply: flag and sup- 121.801 Applicability.
plemental operations. 121.803 Emergency medical equipment.
121.647 Factors for computing fuel required. 121.805 Crewmember training for in-flight
121.649 Takeoff and landing weather mini- medical events.
mums: VFR: Domestic operations.
121.651 Takeoff and landing weather mini- Subpart Y—Advanced Qualification
mums: IFR: All certificate holders. Program
121.652 Landing weather minimums: IFR:
All certificate holders. 121.901 Purpose and eligibility.
121.653 [Reserved] 121.903 General requirements for Advanced
121.655 Applicability of reported weather Qualification Programs.
minimums. 121.905 Confidential commercial informa-
121.657 Flight altitude rules. tion
121.659 Initial approach altitude: Domestic 121.907 Definitions.
and supplemental operations. 121.909 Approval of Advanced Qualification
121.661 Initial approach altitude: Flag oper- Program.
ations. 121.911 Indoctrination curriculum.
121.663 Responsibility for dispatch release: 121.913 Qualification curriculum.
Domestic and flag operations. 121.915 Continuing qualification curriculum.
spaschal on DSKJM0X7X2PROD with CFR

121.665 Load manifest. 121.917 Other requirements.


121.667 Flight plan: VFR and IFR: Supple- 121.919 Certification.
mental operations. 121.921 Training devices and simulators.

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Federal Aviation Administration, DOT § 121.1
121.923 Approval of training, qualification, APPENDIX H TO PART 121—ADVANCED SIMULA-
or evaluation by a person who provides TION
training by arrangement. APPENDIXES I–J TO PART 121 [RESERVED]
121.925 Recordkeeping requirements. APPENDIX K TO PART 121—PERFORMANCE RE-
QUIREMENTS FOR CERTAIN TURBO-
Subpart Z—Hazardous Materials Training PROPELLER POWERED AIRPLANES
Program APPENDIX L TO PART 121—TYPE CERTIFI-
CATION REGULATIONS MADE PREVIOUSLY
121.1001 Applicability and definitions.
121.1003 Hazardous materials training: Gen- EFFECTIVE
eral. APPENDIX M TO PART 121—AIRPLANE FLIGHT
121.1005 Hazardous materials training re- RECORDER SPECIFICATIONS
quired. APPENDIX N TO PART 121 [RESERVED]
121.1007 Hazardous materials training APPENDIX O TO PART 121—HAZARDOUS MATE-
records. RIALS TRAINING REQUIREMENTS FOR CER-
TIFICATE HOLDERS
Subpart AA—Continued Airworthiness and APPENDIX P TO PART 121—REQUIREMENTS FOR
Safety Improvements ETOPS AND POLAR OPERATIONS
121.1101 Purpose and definition. AUTHORITY: 49 U.S.C. 106(f), 106(g), 40103,
121.1103 [Reserved] 40113, 40119, 41706, 42301 preceding note added
121.1105 Aging airplane inspections and by Pub. L. 112–95, sec. 412, 126 Stat. 89, 44101,
records reviews. 44701–44702, 44705, 44709–44711, 44713, 44716–
121.1107 Repairs assessment for pressurized 44717, 44722, 44729, 44732; 46105; Pub. L. 111–216,
fuselages. 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L.
121.1109 Supplemental inspections. 112–95 126 Stat 62 (49 U.S.C. 44732 note).
121.1111 Electrical wiring interconnection
systems (EWIS) maintenance program. SPECIAL FEDERAL AVIATION REGULATION
121.1113 Fuel tank system maintenance pro- NO. 50–2
gram.
121.1115 Limit of validity.
121.1117 Flammability reduction means. EDITORIAL NOTE: For the text of SFAR No.
121.1119 Fuel tank vent explosion protec- 50–2, see part 91 of this chapter.
tion.
SPECIAL FEDERAL AVIATION REGULATION
Subpart BB [Reserved] NO. 71
121.1200–121.1399 [Reserved]
EDITORIAL NOTE: For the text of SFAR No.
Subpart CC [Reserved] 71, see part 91 of this chapter.

121.1400–121.1499 [Reserved] SPECIAL FEDERAL AVIATION REGULATION


NO. 97
Subpart DD—Special Federal Aviation
Regulations EDITORIAL NOTE: For the text of SFAR No.
121.1500 SFAR No. 111—Lavatory Oxygen 97, see part 91 of this chapter.
Systems.
APPENDIX A TO PART 121—FIRST-AID KITS Subpart A—General
AND EMERGENCY MEDICAL KITS
APPENDIX B TO PART 121—AIRCRAFT FLIGHT § 121.1 Applicability.
RECORDER SPECIFICATIONS
APPENDIX C TO PART 121—C–46 NON- This part prescribes rules gov-
TRANSPORT CATEGORY AIRPLANES erning—
APPENDIX D TO PART 121—CRITERIA FOR DEM- (a) The domestic, flag, and supple-
ONSTRATION OF EMERGENCY EVACUATION
PROCEDURES UNDER § 121.291 mental operations of each person who
APPENDIX E TO PART 121—FLIGHT TRAINING holds or is required to hold an Air Car-
REQUIREMENTS rier Certificate or Operating Certifi-
APPENDIX F TO PART 121—PROFICIENCY CHECK cate under part 119 of this chapter.
REQUIREMENTS (b) Each person employed or used by
APPENDIX G TO PART 121—DOPPLER RADAR
a certificate holder conducting oper-
AND INERTIAL NAVIGATION SYSTEM (INS):
REQUEST FOR EVALUATION; EQUIPMENT ations under this part including main-
spaschal on DSKJM0X7X2PROD with CFR

AND EQUIPMENT INSTALLATION; TRAINING tenance, preventive maintenance, and


PROGRAM; EQUIPMENT ACCURACY AND RE- alteration of aircraft.
LIABILITY; EVALUATION PROGRAM

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§ 121.2 14 CFR Ch. I (1–1–21 Edition)

(c) Each person who applies for provi- § 121.2 Compliance schedule for opera-
sional approval of an Advanced Quali- tors that transition to part 121; cer-
fication Program curriculum, cur- tain new entrant operators.
riculum segment, or portion of a cur- (a) Applicability. This section applies
riculum segment under SFAR No. 58 of to the following:
14 CFR part 121, and each person em- (1) Each certificate holder that was
ployed or used by an air carrier or com- issued an air carrier or operating cer-
mercial operator under this part to tificate and operations specifications
perform training, qualification, or under the requirements of part 135 of
evaluation functions under an Ad- this chapter or under SFAR No. 38–2 of
vanced Qualification Program under 14 CFR part 121 before January 19, 1996,
SFAR No. 58 of 14 CFR part 121. and that conducts scheduled passenger-
carrying operations with:
(d) Nonstop Commercial Air Tours
(i) Nontransport category turbo-
conducted for compensation or hire in
propeller powered airplanes type cer-
accordance with § 119.1(e)(2) of this tificated after December 31, 1964, that
chapter must comply with drug and al- have a passenger seat configuration of
cohol requirements in §§ 121.455, 121.457, 10–19 seats;
121.458 and 121.459, and with the provi- (ii) Transport category turbo-
sions of part 136, subpart A of this propeller powered airplanes that have a
chapter by September 11, 2007. An oper- passenger seat configuration of 20–30
ator who does not hold an air carrier seats; or
certificate or an operating certificate (iii) Turbojet engine powered air-
is permitted to use a person who is oth- planes having a passenger seat configu-
erwise authorized to perform aircraft ration of 1–30 seats.
maintenance or preventive mainte- (2) Each person who, after January
nance duties and who is not subject to 19, 1996, applies for or obtains an initial
anti-drug and alcohol misuse preven- air carrier or operating certificate and
tion programs to perform— operations specifications to conduct
(1) Aircraft maintenance or preven- scheduled passenger-carrying oper-
tive maintenance on the operator’s air- ations in the kinds of airplanes de-
craft if the operator would otherwise scribed in paragraphs (a)(1)(i), (a)(1)(ii),
be required to transport the aircraft or paragraph (a)(1)(iii) of this section.
(b) Obtaining operations specifications.
more than 50 nautical miles further
A certificate holder described in para-
than the repair point closest to the op-
graph (a)(1) of this section may not,
erator’s principal base of operations to after March 20, 1997, operate an air-
obtain these services; or plane described in paragraphs (a)(1)(i),
(2) Emergency repairs on the opera- (a)(1)(ii), or (a)(1)(iii) of this section in
tor’s aircraft if the aircraft cannot be scheduled passenger-carrying oper-
safely operated to a location where an ations, unless it obtains operations
employee subject to FAA-approved pro- specifications to conduct its scheduled
grams can perform the repairs. operations under this part on or before
(e) Each person who is on board an March 20, 1997.
aircraft being operated under this part. (c) Regular or accelerated compliance.
(f) Each person who is an applicant Except as provided in paragraphs (d),
for an Air Carrier Certificate or an Op- (e), and (i) of this section, each certifi-
erating Certificate under part 119 of cate holder described in paragraphs
this chapter, when conducting proving (a)(1) of this section shall comply with
tests. each applicable requirement of this
(g) This part also establishes require- part on and after March 20, 1997 or on
ments for operators to take actions to and after the date on which the certifi-
cate holder is issued operations speci-
support the continued airworthiness of
fications under this part, whichever oc-
each airplane.
curs first. Except as provided in para-
[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as graphs (d) and (e) of this section, each
spaschal on DSKJM0X7X2PROD with CFR

amended by Amdt. 121–328, 72 FR 6912, Feb. person described in paragraph (a)(2) of


13, 2007; Amdt. 121–336, 72 FR 63411, Nov. 8, this section shall comply with each ap-
2007] plicable requirement of this part on

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Federal Aviation Administration, DOT § 121.2

and after the date on which that person this section unless that airplane meets
is issued a certificate and operations the applicable requirement listed in
specifications under this part. paragraph (d)(2) of this section:
(d) Delayed compliance dates. Unless (i) December 20, 1997:
paragraph (e) of this section specifies (A) Section 121.308, Lavatory fire pro-
an earlier compliance date, no certifi- tection.
cate holder that is covered by para- (B) Section 121.337(b) (8) and (9), Pro-
graph (a) of this section may operate tective breathing equipment.
an airplane in 14 CFR part 121 oper- (C) Section 121.340, Emergency flota-
ations on or after a date listed in this tion means.
paragraph (d) unless that airplane (ii) December 20, 2010: § 121.305(j),
meets the applicable requirement of third attitude indicator.
this paragraph (d): (e) Newly manufactured airplanes. No
(1) Nontransport category turbo- certificate holder that is described in
propeller powered airplanes type certifi- paragraph (a) of this section may oper-
cated after December 31, 1964, that have a ate under this part an airplane manu-
passenger seat configuration of 10–19 factured on or after a date listed in
seats. No certificate holder may oper- this paragraph unless that airplane
ate under this part an airplane that is meets the applicable requirement list-
described in paragraph (a)(1)(i) of this ed in this paragraph (e).
section on or after a date listed in (1) For nontransport category turbo-
paragraph (d)(1) of this section unless propeller powered airplanes type cer-
that airplane meets the applicable re- tificated after December 31, 1964, that
quirement listed in paragraph (d)(1) of have a passenger seat configuration of
this section: 10–19 seats:
(i) December 20, 1997: (i) Manufactured on or after March
(A) Section 121.289, Landing gear 20, 1997:
aural warning. (A) Section 121.305(j), Third attitude
(B) Section 121.308, Lavatory fire pro- indicator.
tection. (B) Section 121.311(f), Safety belts
(C) Section 121.310(e), Emergency exit and shoulder harnesses.
handle illumination. (ii) Manufactured on or after Decem-
(D) Section 121.337(b)(8), Protective ber 20, 1997; Section 121.317(a), Fasten
breathing equipment. seat belt light.
(E) Section 121.340, Emergency flota- (iii) Manufactured on or after Decem-
tion means. ber 20, 1999: Section 121.293, Takeoff
(ii) December 20, 1999: Section 121.342, warning system.
Pitot heat indication system. (iv) Manufactured on or after March
(iii) December 20, 2010: 12, 1999: Section 121.310(b)(1), Interior
(A) For airplanes described in emergency exit locating sign.
§ 121.157(f), the Airplane Performance (2) For transport category turbo-
Operating Limitations in §§ 121.189 propeller powered airplanes that have a
through 121.197. passenger seat configuration of 20–30
(B) Section 121.161(b), Ditching ap- seats manufactured on or after March
proval. 20, 1997: Section 121.305(j), Third atti-
(C) Section 121.305(j), Third attitude tude indicator.
indicator. (f) New type certification requirements.
(D) Section 121.312(c), Passenger seat No person may operate an airplane for
cushion flammability. which the application for a type cer-
(iv) March 12, 1999: Section tificate was filed after March 29, 1995,
121.310(b)(1), Interior emergency exit in 14 CFR part 121 operations unless
locating sign. that airplane is type certificated under
(2) Transport category turbopropeller part 25 of this chapter.
powered airplanes that have a passenger (g) Transition plan. Before March 19,
seat configuration of 20–30 seats. No cer- 1996 each certificate holder described in
tificate holder may operate under this paragraph (a)(1) of this section must
spaschal on DSKJM0X7X2PROD with CFR

part an airplane that is described in submit to the FAA a transition plan


paragraph (a)(1)(ii) of this section on or (containing a calendar of events) for
after a date listed in paragraph (d)(2) of moving from conducting its scheduled

69

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§ 121.4 14 CFR Ch. I (1–1–21 Edition)

operations under the commuter re- § 121.7 Definitions.


quirements of part 135 of this chapter The following definitions apply to
to the requirements for domestic or those sections of part 121 that apply to
flag operations under this part. Each ETOPS:
transition plan must contain details on Adequate Airport means an airport
the following: that an airplane operator may list with
(1) Plans for obtaining new oper- approval from the FAA because that
ations specifications authorizing do- airport meets the landing limitations
mestic or flag operations; of § 121.197 and is either—
(2) Plans for being in compliance (1) An airport that meets the require-
with the applicable requirements of ments of part 139, subpart D of this
this part on or before March 20, 1997; chapter, excluding those that apply to
and aircraft rescue and firefighting service,
(3) Plans for complying with the com- or
pliance date schedules contained in (2) A military airport that is active
paragraphs (d) and (e) of this section. and operational.
(h) Continuing requirements. A certifi- ETOPS Alternate Airport means an
cate holder described in paragraph (a) adequate airport listed in the certifi-
of this section shall comply with the cate holder’s operations specifications
applicable airplane operating and that is designated in a dispatch or
equipment requirements of part 135 of flight release for use in the event of a
this chapter for the airplanes described diversion during ETOPS. This defini-
in paragraph (a)(1) of this section, until tion applies to flight planning and does
the airplane meets the specific compli- not in any way limit the authority of
ance dates in paragraphs (d) and (e) of the pilot-in-command during flight.
this section. ETOPS Area of Operation means one
(i) Any training or qualification ob- of the following areas:
tained by a crewmember under part 135 (1) For turbine-engine-powered air-
of this chapter before March 20, 1997, is planes with two engines, an area be-
entitled to credit under this part for yond 60 minutes from an adequate air-
the purpose of meeting the require- port, computed using a one-engine-in-
ments of this part, as determined by operative cruise speed under standard
the Administrator. Records kept by a conditions in still air.
certificate holder under part 135 of this (2) For turbine-engine-powered pas-
chapter before March 20, 1997, can be senger-carrying airplanes with more
annotated, with the approval of the Ad- than two engines, an area beyond 180
ministrator, to reflect crewmember minutes from an adequate airport,
training and qualification credited to- computed using a one-engine-inoper-
ward part 121 requirements. ative cruise speed under standard con-
ditions in still air.
[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as ETOPS Entry Point means the first
amended by Amdt. 121–253, 61 FR 2609, Jan. point on the route of an ETOPS flight,
26, 1996; Amdt. 121–256, 61 FR 30434, June 14, determined using a one-engine-inoper-
1996; Amdt. 121–262, 62 FR 13256, Mar. 19, 1997;
ative cruise speed under standard con-
Amdt. 121–344, 74 FR 34234, July 15, 2009]
ditions in still air, that is—
§ 121.4 Applicability of rules to unau- (1) More than 60 minutes from an
thorized operators. adequate airport for airplanes with two
engines;
The rules in this part which refer to (2) More than 180 minutes from an
a person certificated under part 119 of adequate airport for passenger-car-
this chapter apply also to any person rying airplanes with more than two en-
who engages in an operation governed gines.
by this part without the appropriate ETOPS Qualified Person means a per-
certificate and operations specifica- son, performing maintenance for the
tions required by part 119 of this chap- certificate holder, who has satisfac-
ter. torily completed the certificate hold-
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 11675, 37 FR 20937, Oct. 5, 1972, as er’s ETOPS training program.
amended by Amdt. 121–251, 60 FR 65926, Dec. Maximum Diversion Time means, for
20, 1995] the purposes of ETOPS route planning,

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Federal Aviation Administration, DOT § 121.93

the longest diversion time authorized § 121.11 Rules applicable to operations


for a flight under the operator’s in a foreign country.
ETOPS authority. It is calculated Each certificate holder shall, while
under standard conditions in still air operating an airplane within a foreign
at a one-engine-inoperative cruise country, comply with the air traffic
speed. rules of the country concerned and the
North Pacific Area of Operation means local airport rules, except where any
Pacific Ocean areas north of 40° N lati- rule of this part is more restrictive and
tudes including NOPAC ATS routes, may be followed without violating the
and published PACOTS tracks between rules of that country.
Japan and North America.
North Polar Area means the entire [Doc. No. 16383, 43 FR 22641, May 25, 1978]
area north of 78° N latitude.
§ 121.15 Carriage of narcotic drugs,
One-engine-inoperative-Cruise Speed marihuana, and depressant or stim-
means a speed within the certified op- ulant drugs or substances.
erating limits of the airplane that is
specified by the certificate holder and If a certificate holder operating
approved by the FAA for — under this part permits any aircraft
(1) Calculating required fuel reserves owned or leased by that holder to be
needed to account for an inoperative engaged in any operation that the cer-
engine; or tificate holder knows to be in violation
(2) Determining whether an ETOPS of § 91.19(a) of this chapter, that oper-
alternate is within the maximum di- ation is a basis for suspending or re-
version time authorized for an ETOPS voking the certificate.
flight. [Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]
South Polar Area means the entire
area South of 60° S latitude. Subpart B—Certification Rules for
[Doc. No. FAA–2002–6717, 72 FR 1878, Jan. 16, Domestic and Flag Air Car-
2007] riers [Reserved]
§ 121.9 Fraud and falsification.
Subpart C—Certification Rules for
(a) No person may make, or cause to
be made, any of the following:
Supplemental Air Carriers and
(1) A fraudulent or intentionally false Commercial Operators [Re-
statement in any application or any served]
amendment thereto, or in any other
record or test result required by this Subpart D—Rules Governing All
part. Certificate Holders Under This
(2) A fraudulent or intentionally false Part [Reserved]
statement in, or a known omission
from, any record or report that is kept, Subpart E—Approval of Routes:
made, or used to show compliance with
this part, or to exercise any privileges
Domestic and Flag Operations
under this chapter.
(b) The commission by any person of SOURCE: Docket No. 6258, 29 FR 19194, Dec.
any act prohibited under paragraph (a) 31, 1964, unless otherwise noted.
of this section is a basis for any one or § 121.91 Applicability.
any combination of the following:
(1) A civil penalty. This subpart prescribes rules for ob-
(2) Suspension or revocation of any taining approval of routes by certifi-
certificate held by that person that cate holders conducting domestic or
was issued under this chapter. flag operations.
(3) The denial of an application for [Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]
any approval under this part.
(4) The removal of any approval § 121.93 Route requirements: General.
spaschal on DSKJM0X7X2PROD with CFR

under this part. (a) Each certificate holder con-


[Doc. No. FAA–2008–0677, 78 FR 67836, Nov. 12, ducting domestic or flag operations
2013] seeking a route approval must show—

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§ 121.95 14 CFR Ch. I (1–1–21 Edition)

(1) That it is able to conduct satisfac- for approval has enough airports that
torily scheduled operations between are properly equipped and adequate for
each regular, provisional, and refueling the proposed operation, considering
airport over that route or route seg- such items as size, surface, obstruc-
ment; and tions, facilities, public protection,
(2) That the facilities and services re- lighting, navigational and communica-
quired by §§ 121.97 through 121.107 are tions aids, and ATC.
available and adequate for the proposed (b) Each certificate holder con-
operation. ducting domestic or flag operations
The Administrator approves a route must show that it has an approved sys-
outside of controlled airspace if he de- tem for obtaining, maintaining, and
termines that traffic density is such distributing to appropriate personnel
that an adequate level of safety can be current aeronautical data for each air-
assured. port it uses to ensure a safe operation
(b) Paragraph (a) of this section does at that airport. The aeronautical data
not require actual flight over a route must include the following:
or route segment if the certificate (1) Airports.
holder shows that the flight is not es-
(i) Facilities.
sential to safety, considering the avail-
ability and adequacy of airports, light- (ii) Public protection. After February
ing, maintenance, communication, 15, 2008, for ETOPS beyond 180 minutes
navigation, fueling, ground, and air- or operations in the North Polar area
plane radio facilities, and the ability of and South Polar area, this includes fa-
the personnel to be used in the pro- cilities at each airport or in the imme-
posed operation. diate area sufficient to protect the pas-
sengers from the elements and to see to
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as
their welfare.
amended by Amdt. 121–3, 30 FR 3638, Mar. 19,
1965; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996] (iii) Navigational and communica-
tions aids.
§ 121.95 Route width. (iv) Construction affecting takeoff,
(a) Approved routes and route seg- landing, or ground operations.
ments over U.S. Federal airways or for- (v) Air traffic facilities.
eign airways (and advisory routes in (2) Runways, clearways and
the case of certificate holders con- stopways.
ducting flag operations) have a width (i) Dimensions.
equal to the designated width of those (ii) Surface.
airways or routes. Whenever the Ad- (iii) Marking and lighting systems.
ministrator finds it necessary to deter- (iv) Elevation and gradient.
mine the width of other approved
(3) Displaced thresholds.
routes, he considers the following:
(1) Terrain clearance. (i) Location.
(2) Minimum en route altitudes. (ii) Dimensions.
(3) Ground and airborne navigation (iii) Takeoff or landing or both.
aids. (4) Obstacles.
(4) Air traffic density. (i) Those affecting takeoff and land-
(5) ATC procedures. ing performance computations in ac-
(b) Any route widths of other ap- cordance with Subpart I of this part.
proved routes determined by the Ad- (ii) Controlling obstacles.
ministrator are specified in the certifi- (5) Instrument flight procedures.
cate holder’s operations specifications. (i) Departure procedure.
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as (ii) Approach procedure.
amended by Amdt. 121–253, 61 FR 2610, Jan. (iii) Missed approach procedure.
26, 1996]
(6) Special information.
§ 121.97 Airports: Required data. (i) Runway visual range measure-
ment equipment.
spaschal on DSKJM0X7X2PROD with CFR

(a) Each certificate holder con-


(ii) Prevailing winds under low visi-
ducting domestic or flag operations
bility conditions.
must show that each route it submits

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Federal Aviation Administration, DOT § 121.101

(c) If the responsible Flight Stand- (c) Each certificate holder con-
ards office charged with the overall in- ducting flag operations must provide
spection of the certificate holder’s op- voice communications for ETOPS
erations finds that revisions are nec- where voice communication facilities
essary for the continued adequacy of are available. In determining whether
the certificate holder’s system for col- facilities are available, the certificate
lection, dissemination, and usage of holder must consider potential routes
aeronautical data that has been grant- and altitudes needed for diversion to
ed approval, the certificate holder ETOPS Alternate Airports. Where fa-
shall, after notification by the respon- cilities are not available or are of such
sible Flight Standards office, make poor quality that voice communication
those revisions in the system. Within is not possible, another communication
30 days after the certificate holder re- system must be substituted.
ceives such notice, the certificate hold- (d) Except as provided in paragraph
er may file a petition to reconsider the (e) of this section, after February 15,
notice with the Executive Director, 2008 for ETOPS beyond 180 minutes,
Flight Standards Service. This filing of each certificate holder conducting flag
a petition to reconsider stays the no- operations must have a second commu-
tice pending a decision by the Execu- nication system in addition to that re-
tive Director, Flight Standards Serv- quired by paragraph (c) of this section.
ice. However, if the responsible Flight That system must be able to provide
Standards office finds that there is an immediate satellite-based voice com-
emergency that requires immediate ac- munications of landline-telephone fi-
tion in the interest of safety in air delity. The system must be able to
transportation, the Executive Director, communicate between the flight crew
Flight Standards Service may, upon and air traffic services, and the flight
statement of the reasons, require a crew and the certificate holder. In de-
change effective without stay. termining whether such communica-
tions are available, the certificate
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as
amended by Amdt. 121–162, 45 FR 46738, July
holder must consider potential routes
10, 1980; Amdt. 121–207, 54 FR 39293, Sept. 25, and altitudes needed for diversion to
1989; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996; ETOPS Alternate Airports. Where im-
Amdt. 121–329, 72 FR 1878, Jan. 16, 2007; Dock- mediate, satellite-based voice commu-
et FAA–2018–0119, Amdt. 121–380, 83 FR 9172, nications are not available, or are of
9173, Mar. 5, 2018] such poor quality that voice commu-
nication is not possible, another com-
§ 121.99 Communications facilities— munication system must be sub-
domestic and flag operations. stituted.
(a) Each certificate holder con- (e) Operators of two-engine turbine-
ducting domestic or flag operations powered airplanes with 207 minute
must show that a two-way communica- ETOPS approval in the North Pacific
tion system, or other means of commu- Area of Operation must comply with
nication approved by the responsible the requirements of paragraph (d) of
Flight Standards office, is available this section as of February 15, 2007.
over the entire route. The communica- [Doc. No. 28154, 62 FR 13256, Mar. 19, 1997, as
tions may be direct links or via an ap- amended by Amdt. 121–329, 72 FR 1878, Jan.
proved communication link that will 16, 2007; Amdt. 121–333, 72 FR 31680, June 7,
provide reliable and rapid communica- 2007; Docket FAA–2018–0119, Amdt. 121–380, 83
tions under normal operating condi- FR 9173, Mar. 5, 2018]
tions between each airplane and the ap-
propriate dispatch office, and between § 121.101 Weather reporting facilities.
each airplane and the appropriate air (a) Each certificate holder con-
traffic control unit. ducting domestic or flag operations
(b) Except in an emergency, for all must show that enough weather report-
flag and domestic kinds of operations, ing services are available along each
the communications systems between route to ensure weather reports and
spaschal on DSKJM0X7X2PROD with CFR

each airplane and the dispatch office forecasts necessary for the operation.
must be independent of any system op- (b) Except as provided in paragraph
erated by the United States. (d) of this section, no certificate holder

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§ 121.103 14 CFR Ch. I (1–1–21 Edition)

conducting domestic or flag operations safely by pilotage because of the char-


may use any weather report to control acteristics of the terrain;
flight unless— (2) Night VFR operations on routes
(1) For operations within the 48 con- that the certificate holder shows have
tiguous States and the District of Co- reliably lighted landmarks adequate
lumbia, it was prepared by the U.S. Na- for safe operation; and
tional Weather Service or a source ap- (3) Other operations approved by the
proved by the U.S. National Weather responsible Flight Standards office.
Service; or [Doc. No. FAA–2002–14002, 72 FR 31681, June 7,
(2) For operations conducted outside 2007, as amended by Docket FAA–2018–0119,
the 48 contiguous States and the Dis- Amdt. 121–380, 83 FR 9173, Mar. 5, 2018]
trict of Columbia, it was prepared by a
source approved by the Administrator. § 121.105 Servicing and maintenance
facilities.
(c) Each certificate holder con-
ducting domestic or flag operations Each certificate holder conducting
that uses forecasts to control flight domestic or flag operations must show
movements shall use forecasts prepared that competent personnel and adequate
from weather reports specified in para- facilities and equipment (including
graph (b) of this section and from any spare parts, supplies, and materials)
source approved under its system are available at such points along the
adopted pursuant to paragraph (d) of certificate holder’s route as are nec-
this section. essary for the proper servicing, mainte-
nance, and preventive maintenance of
(d) Each certificate holder con-
airplanes and auxiliary equipment.
ducting domestic or flag operations
shall adopt and put into use an ap- [Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]
proved system for obtaining forecasts
and reports of adverse weather phe- § 121.106 ETOPS Alternate Airport:
Rescue and fire fighting service.
nomena, such as clear air turbulence,
thunderstorms, and low altitude wind (a) Except as provided in paragraph
shear, that may affect safety of flight (b) of this section, the following rescue
on each route to be flown and at each and fire fighting service (RFFS) must
airport to be used. be available at each airport listed as an
ETOPS Alternate Airport in a dispatch
[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as or flight release.
amended by Amdt. 121–27, 36 FR 13911, July (1) For ETOPS up to 180 minutes,
28, 1971; Amdt. 121–134, 42 FR 27573, May 31,
each designated ETOPS Alternate Air-
1977; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996]
port must have RFFS equivalent to
§ 121.103 En route navigation facili- that specified by ICAO as Category 4,
ties. or higher.
(2) For ETOPS beyond 180 minutes,
(a) Except as provided in paragraph each designated ETOPS Alternate Air-
(b) of this section, each certificate port must have RFFS equivalent to
holder conducting domestic or flag op- that specified by ICAO Category 4, or
erations must show, for each proposed higher. In addition, the aircraft must
route (including to any regular, provi- remain within the ETOPS authorized
sional, refueling or alternate airports), diversion time from an Adequate Air-
that suitable navigation aids are avail- port that has RFFS equivalent to that
able to navigate the airplane along the specified by ICAO Category 7, or high-
route within the degree of accuracy re- er.
quired for ATC. Navigation aids re- (b) If the equipment and personnel re-
quired for approval of routes outside of quired in paragraph (a) of this section
controlled airspace are listed in the are not immediately available at an
certificate holder’s operations speci- airport, the certificate holder may still
fications except for those aids required list the airport on the dispatch or
for routes to alternate airports. flight release if the airport’s RFFS can
(b) Navigation aids are not required be augmented to meet paragraph (a) of
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for any of the following operations— this section from local fire fighting as-
(1) Day VFR operations that the cer- sets. A 30-minute response time for
tificate holder shows can be conducted augmentation is adequate if the local

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Federal Aviation Administration, DOT § 121.117

assets can be notified while the divert- ways, foreign airways, controlled air-
ing airplane is en route. The aug- space, or advisory routes (ADR’s).
menting equipment and personnel must (b) Notwithstanding paragraph (a)(4)
be available on arrival of the diverting of this section, the Administrator may
airplane and must remain as long as approve a route outside of controlled
the diverting airplane needs RFFS. airspace if the certificate holder con-
ducting supplemental operations shows
[Doc. No. FAA–2002–6717, 72 FR 1879, Jan. 16,
2007] the route is safe for operations and the
Administrator finds that traffic den-
§ 121.107 Dispatch centers. sity is such that an adequate level of
safety can be assured. The certificate
Each certificate holder conducting holder may not use such a route unless
domestic or flag operations must show it is approved by the Administrator
that it has enough dispatch centers, and is listed in the certificate holder’s
adequate for the operations to be con- operations specifications.
ducted, that are located at points nec-
essary to ensure proper operational [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
control of each flight. amended by Amdt. 121–253, 61 FR 2610, Jan.
26, 1996]
[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]
§ 121.115 Route width.
Subpart F—Approval of Areas and (a) Routes and route segments over
Routes for Supplemental Op- Federal airways, foreign airways, or
erations advisory routes have a width equal to
the designated width of those airways
or advisory routes. Whenever the Ad-
SOURCE: Docket No. 6258, 29 FR 19195, Dec.
31, 1964, unless otherwise noted.
ministrator finds it necessary to deter-
mine the width of other routes, he con-
§ 121.111 Applicability. siders the following:
(1) Terrain clearance.
This subpart prescribes rules for ob- (2) Minimum en route altitudes.
taining approval of areas and routes by (3) Ground and airborne navigation
certificate holders conducting supple- aids.
mental operations. (4) Air traffic density.
[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996] (5) ATC procedures.
(b) Any route widths of other routes
§ 121.113 Area and route requirements: determined by the Administrator are
General. specified in the certificate holder’s op-
(a) Each certificate holder con- erations specifications.
ducting supplemental operations seek- [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
ing route and area approval must amended by Amdt. 121–253, 61 FR 2610, Jan.
show— 26, 1996]
(1) That it is able to conduct oper-
ations within the United States in ac- § 121.117 Airports: Required data.
cordance with paragraphs (a) (3) and (4) (a) No certificate holder conducting
of this section; supplemental operations may use any
(2) That it is able to conduct oper- airport unless it is properly equipped
ations in accordance with the applica- and adequate for the proposed oper-
ble requirements for each area outside ation, considering such items as size,
the United States for which authoriza- surface, obstructions, facilities, public
tion is requested; protection, lighting, navigational and
(3) That it is equipped and able to communications aids, and ATC.
conduct operations over, and use the (b) Each certificate holder con-
navigational facilities associated with, ducting supplemental operations must
the Federal airways, foreign airways, show that it has an approved system
or advisory routes (ADR’s) to be used; for obtaining, maintaining, and distrib-
spaschal on DSKJM0X7X2PROD with CFR

and uting to appropriate personnel current


(4) That it will conduct all IFR and aeronautical data for each airport it
night VFR operations over Federal air- uses to ensure a safe operation at that

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§ 121.119 14 CFR Ch. I (1–1–21 Edition)

airport. The aeronautical data must in- Service may, upon a statement of the
clude the following: reasons, require a change effective
(1) Airports. without stay.
(i) Facilities.
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
(ii) Public protection.
amended by Amdt. 121–162, 45 FR 46738, July
(iii) Navigational and communica- 10, 1980; Amdt. 121–207, 54 FR 39293, Sept. 25,
tions aids. 1989; Amdt. 121–253, 61 FR 2610, Jan. 26, 1996;
(iv) Construction affecting takeoff, Docket FAA–2018–0119, Amdt. 121–380, 83 FR
landing, or ground operations. 9172, 9173, Mar. 5, 2018]
(v) Air traffic facilities.
(2) Runways, clearways, and § 121.119 Weather reporting facilities.
stopways. (a) No certificate holder conducting
(i) Dimensions. supplemental operations may use any
(ii) Surface. weather report to control flight unless
(iii) Marking and lighting systems. it was prepared and released by the
(iv) Elevation and gradient. U.S. National Weather Service or a
(3) Displaced thresholds. source approved by the Weather Bu-
(i) Location. reau. For operations outside the U.S.,
(ii) Dimensions. or at U.S. Military airports, where
(iii) Takeoff or landing or both. those reports are not available, the cer-
(4) Obstacles. tificate holder must show that its
(i) Those affecting takeoff and land- weather reports are prepared by a
ing performance computations in ac- source found satisfactory by the Ad-
cordance with Subpart I of this part. ministrator.
(ii) Controlling obstacles. (b) Each certificate holder con-
(5) Instrument flight procedures. ducting supplemental operations that
(i) Departure procedure. uses forecasts to control flight move-
(ii) Approach procedure. ments shall use forecasts prepared
(iii) Missed approach procedure. from weather reports specified in para-
(6) Special information. graph (a) of this section.
(i) Runway visual range measure-
ment equipment. [Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
(ii) Prevailing winds under low visi- amended by Amdt. 121–76, 36 FR 13911, July
bility conditions. 28, 1971; Amdt. 121–253, 61 FR 2611, Jan. 26,
(c) If the responsible Flight Stand- 1996]
ards office charged with the overall in-
§ 121.121 En route navigation facili-
spection of the certificate holder’s op- ties.
erations finds that revisions are nec-
essary for the continued adequacy of (a) Except as provided in paragraph
the certificate holder’s system for col- (b) of this section, no certificate holder
lection, dissemination, and usage of conducting supplemental operations
aeronautical data that has been grant- may conduct any operation over a
ed approval, the certificate holder route (including to any destination, re-
shall, after notification by the respon- fueling or alternate airports) unless
sible Flight Standards office, make suitable navigation aids are available
those revisions in the system. Within to navigate the airplane along the
30 days after the certificate holder re- route within the degree of accuracy re-
ceives such notice, the certificate hold- quired for ATC. Navigation aids re-
er may file a petition to reconsider the quired for routes outside of controlled
notice with the Executive Director, airspace are listed in the certificate
Flight Standards Service. This filing of holder’s operations specifications ex-
a petition to reconsider stays the no- cept for those aids required for routes
tice pending a decision by the Director, to alternate airports.
Flight Standards Service. However, if (b) Navigation aids are not required
the responsible Flight Standards office for any of the following operations—
finds that there is an emergency that (1) Day VFR operations that the cer-
spaschal on DSKJM0X7X2PROD with CFR

requires immediate action in the inter- tificate holder shows can be conducted
est of safety in air transportation, the safely by pilotage because of the char-
Executive Director, Flight Standards acteristics of the terrain;

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Federal Aviation Administration, DOT § 121.125

(2) Night VFR operations on routes air traffic services and the flight crew
that the certificate holder shows have and the certificate holder. In deter-
reliably lighted landmarks adequate mining whether such communications
for safe operation; and are available, the certificate holder
(3) Other operations approved by the must consider potential routes and al-
responsible Flight Standards office. titudes needed for diversion to ETOPS
[Doc. No. FAA–2002–14002, 72 FR 31681, June 7, Alternate Airports. Where immediate,
2007, as amended by Docket FAA–2018–0119, satellite-based voice communications
Amdt. 121–380, 83 FR 9173, Mar. 5, 2018] are not available, or are of such poor
quality that voice communication is
§ 121.122 Communications facilities— not possible, another communication
supplemental operations. system must be substituted.
(a) Each certificate holder con- (d) Operators of turbine engine pow-
ducting supplemental operations other ered airplanes do not need to meet the
than all-cargo operations in an air- requirements of paragraphs (b) and (c)
plane with more than two engines must of this section until February 15, 2008.
show that a two-way radio communica-
tion system or other means of commu- [Doc. No. FAA–2002–6717, 72 FR 1879, Jan. 16,
2007]
nication approved by the FAA is avail-
able. It must ensure reliable and rapid § 121.123 Servicing maintenance facili-
communications under normal oper- ties.
ating conditions over the entire route
(either direct or via approved point-to- Each certificate holder conducting
point circuits) between each airplane supplemental operations must show
and the certificate holder, and between that competent personnel and adequate
each airplane and the appropriate air facilities and equipment (including
traffic services, except as specified in spare parts, supplies, and materials)
§ 121.351(c). are available for the proper servicing,
(b) Except as provided in paragraph maintenance, and preventive mainte-
(d) of this section, each certificate nance of aircraft and auxiliary equip-
holder conducting supplemental oper- ment.
ations other than all-cargo operations [Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]
in an airplane with more than two en-
gines must provide voice communica- § 121.125 Flight following system.
tions for ETOPS where voice commu-
(a) Each certificate holder con-
nication facilities are available. In de-
ducting supplemental operations must
termining whether facilities are avail-
show that it has—
able, the certificate holder must con-
sider potential routes and altitudes (1) An approved flight following sys-
needed for diversion to ETOPS Alter- tem established in accordance with
nate Airports. Where facilities are not subpart U of this part and adequate for
available or are of such poor quality the proper monitoring of each flight,
that voice communication is not pos- considering the operations to be con-
sible, another communication system ducted; and
must be substituted. (2) Flight following centers located
(c) Except as provided in paragraph at those points necessary—
(d) of this section, for ETOPS beyond (i) To ensure the proper monitoring
180 minutes each certificate holder of the progress of each flight with re-
conducting supplemental operations spect to its departure at the point of
other than all-cargo operations in an origin and arrival at its destination,
airplane with more than two engines including intermediate stops and diver-
must have a second communication sions therefrom, and maintenance or
system in addition to that required by mechanical delays encountered at
paragraph (b) of this section. That sys- those points or stops; and
tem must be able to provide immediate (ii) To ensure that the pilot in com-
satellite-based voice communications mand is provided with all information
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of landline telephone-fidelity. The sys- necessary for the safety of the flight.
tem must provide communication ca- (b) A certificate holder conducting
pabilities between the flight crew and supplemental operations may arrange

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§ 121.127 14 CFR Ch. I (1–1–21 Edition)

to have flight following facilities pro- Subpart G—Manual Requirements


vided by persons other than its employ-
ees, but in such a case the certificate § 121.131 Applicability.
holder continues to be primarily re- This subpart prescribes requirements
sponsible for operational control of for preparing and maintaining manuals
each flight. by all certificate holders.
(c) A flight following system need not [Doc. No. 6258, 29 FR 19196, Dec. 31, 1964]
provide for in-flight monitoring by a
flight following center. § 121.133 Preparation.
(d) The certificate holder’s oper- (a) Each certificate holder shall pre-
ations specifications specify the flight pare and keep current a manual for the
following system it is authorized to use use and guidance of flight, ground oper-
and the location of the centers. ations, and management personnel in
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as
conducting its operations.
amended by Amdt. 121–253, 61 FR 2611, Jan. (b) For the purpose of this subpart,
26, 1996] the certificate holder may prepare that
part of the manual containing mainte-
§ 121.127 Flight following system; re- nance information and instructions, in
quirements. whole or in part, in printed form or
other form acceptable to the Adminis-
(a) Each certificate holder con-
trator.
ducting supplemental operations using
a flight following system must show [Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]
that—
§ 121.135 Manual contents.
(1) The system has adequate facilities
and personnel to provide the informa- (a) Each manual required by § 121.133
tion necessary for the initiation and must—
safe conduct of each flight to— (1) Include instructions and informa-
tion necessary to allow the personnel
(i) The flight crew of each aircraft;
concerned to perform their duties and
and responsibilities with a high degree of
(ii) The persons designated by the safety;
certificate holder to perform the func- (2) Be in a form that is easy to revise;
tion of operational control of the air- (3) Have the date of last revision on
craft; and each page concerned; and
(2) The system has a means of com- (4) Not be contrary to any applicable
munication by private or available Federal regulation and, in the case of a
public facilities (such as telephone, flag or supplemental operation, any ap-
telegraph, or radio) to monitor the plicable foreign regulation, or the cer-
progress of each flight with respect to tificate holder’s operations specifica-
its departure at the point of origin and tions or operating certificate.
arrival at its destination, including in- (b) The manual may be in two or
termediate stops and diversions there- more separate parts, containing to-
from, and maintenance or mechanical gether all of the following information,
delays encountered at those points or but each part must contain that part of
stops. the information that is appropriate for
each group of personnel:
(b) The certificate holder conducting
(1) General policies.
supplemental operations must show (2) Duties and responsibilities of each
that the personnel specified in para- crewmember, appropriate members of
graph (a) of this section, and those it the ground organization, and manage-
designates to perform the function of ment personnel.
operational control of the aircraft, are (3) Reference to appropriate Federal
able to perform their required duties. Aviation Regulations.
[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as (4) Flight dispatching and oper-
amended by Amdt. 121–253, 61 FR 2611, Jan. ational control, including procedures
spaschal on DSKJM0X7X2PROD with CFR

26, 1996] for coordinated dispatch or flight con-


trol or flight following procedures, as
applicable.

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Federal Aviation Administration, DOT § 121.135

(5) En route flight, navigation, and (16) Each training program cur-
communication procedures, including riculum required by § 121.403.
procedures for the dispatch or release (17) Instructions and procedures for
or continuance of flight if any item of maintenance, preventive maintenance,
equipment required for the particular and servicing.
type of operation becomes inoperative (18) Time limitations, or standards
or unserviceable en route. for determining time limitations, for
(6) For domestic or flag operations, overhauls, inspections, and checks of
appropriate information from the en airframes, engines, propellers, appli-
route operations specifications, includ- ances and emergency equipment.
ing for each approved route the types (19) Procedures for refueling aircraft,
of airplanes authorized, the type of op- eliminating fuel contamination, pro-
eration such as VFR, IFR, day, night, tection from fire (including electro-
etc., and any other pertinent informa- static protection), and supervising and
tion. protecting passengers during refueling.
(7) For supplemental operations, ap- (20) Airworthiness inspections, in-
propriate information from the oper- cluding instructions covering proce-
ations specifications, including the dures, standards, responsibilities, and
area of operations authorized, the authority of inspection personnel.
types of airplanes authorized, the type (21) Methods and procedures for
of operation such as VFR, IFR, day, maintaining the aircraft weight and
night, etc., and any other pertinent in- center of gravity within approved lim-
formation. its.
(8) Appropriate information from the (22) Where applicable, pilot and dis-
airport operations specifications, in- patcher route and airport qualification
cluding for each airport— procedures.
(i) Its location (domestic and flag op- (23) Accident notification procedures.
erations only); (24) After February 15, 2008, for pas-
(ii) Its designation (regular, alter- senger flag operations and for those
nate, provisional, etc.) (domestic and supplemental operations that are not
flag operations only); all-cargo operations outside the 48 con-
(iii) The types of airplanes authorized tiguous States and Alaska,
(domestic and flag operations only);
(i) For ETOPS greater than 180 min-
(iv) Instrument approach procedures;
utes a specific passenger recovery plan
(v) Landing and takeoff minimums;
for each ETOPS Alternate Airport used
and
in those operations, and
(vi) Any other pertinent information.
(ii) For operations in the North Polar
(9) Takeoff, en route, and landing
Area and South Polar Area a specific
weight limitations.
passenger recovery plan for each diver-
(10) For ETOPS, airplane perform-
sion airport used in those operations.
ance data to support all phases of these
operations. (25)(i) Procedures and information, as
(11) Procedures for familiarizing pas- described in paragraph (b)(25)(ii) of this
sengers with the use of emergency section, to assist each crewmember and
equipment, during flight. person performing or directly super-
(12) Emergency equipment and proce- vising the following job functions in-
dures. volving items for transport on an air-
(13) The method of designating suc- craft:
cession of command of flight crew- (A) Acceptance;
members. (B) Rejection;
(14) Procedures for determining the (C) Handling;
usability of landing and takeoff areas, (D) Storage incidental to transport;
and for disseminating pertinent infor- (E) Packaging of company material;
mation thereon to operations per- or
sonnel. (F) Loading.
(15) Procedures for operating in peri- (ii) Ensure that the procedures and
spaschal on DSKJM0X7X2PROD with CFR

ods of ice, hail, thunderstorms, turbu- information described in this para-


lence, or any potentially hazardous me- graph are sufficient to assist the per-
teorological condition. son in identifying packages that are

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§ 121.137 14 CFR Ch. I (1–1–21 Edition)

marked or labeled as containing haz- § 121.137 Distribution and availability.


ardous materials or that show signs of (a) Each certificate holder shall fur-
containing undeclared hazardous mate- nish copies of the manual required by
rials. The procedures and information § 121.133 (and the changes and additions
must include: thereto) or appropriate parts of the
(A) Procedures for rejecting packages manual to—
that do not conform to the Hazardous (1) Its appropriate ground operations
Materials Regulations in 49 CFR parts and maintenance personnel;
171 through 180 or that appear to con- (2) Crewmembers; and
tain undeclared hazardous materials; (3) Representatives of the Adminis-
(B) Procedures for complying with trator assigned to it.
the hazardous materials incident re- (b) Each person to whom a manual or
porting requirements of 49 CFR 171.15 appropriate parts of it are furnished
and 171.16 and discrepancy reporting re- under paragraph (a) of this section
quirements of 49 CFR 175.31 shall keep it up-to-date with the
changes and additions furnished to
(C) The certificate holder’s hazmat
that person and shall have the manual
policies and whether the certificate
or appropriate parts of it accessible
holder is authorized to carry, or is pro-
when performing assigned duties.
hibited from carrying, hazardous mate- (c) For the purpose of complying with
rials; and paragraph (a) of this section, a certifi-
(D) If the certificate holder’s oper- cate holder may furnish the persons
ations specifications permit the trans- listed therein the maintenance part of
port of hazardous materials, procedures the manual in printed form or other
and information to ensure the fol- form, acceptable to the Administrator,
lowing: that is retrievable in the English lan-
(1) That packages containing haz- guage.
ardous materials are properly offered [Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as
and accepted in compliance with 49 amended by Amdt. 121–71, 35 FR 17176, Nov. 7,
CFR parts 171 through 180; 1970; Amdt. 121–162, 45 FR 46739, July 10, 1980;
(2) That packages containing haz- Amdt. 121–262, 62 FR 13256, Mar. 19, 1997]
ardous materials are properly handled,
stored, packaged, loaded, and carried § 121.139 Requirements for manual
aboard aircraft: Supplemental oper-
on board an aircraft in compliance ations.
with 49 CFR parts 171 through 180;
(a) Except is provided in paragraph
(3) That the requirements for Notice
(b) of this section, each certificate
to the Pilot in Command (49 CFR
holder conducting supplemental oper-
175.33) are complied with; and ations shall carry appropriate parts of
(4) That aircraft replacement parts, the manual on each airplane when
consumable materials or other items away from the principal base of oper-
regulated by 49 CFR parts 171 through ations. The appropriate parts must be
180 are properly handled, packaged, and available for use by ground or flight
transported. personnel. If the certificate holder car-
(26) Other information or instruc- ries aboard an airplane all or any por-
tions relating to safety. tion of the maintenance part of its
(c) Each certificate holder shall manual in other than printed form, it
maintain at least one complete copy of must carry a compatible reading device
the manual at its principal base of op- that produces a legible image of the
erations. maintenance information and instruc-
tions or a system that is able to re-
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as trieve the maintenance information
amended by Amdt. 121–104, 38 FR 14915, June
and instructions in the English lan-
7, 1973; Amdt. 121–106, 38 FR 22377, Aug. 20,
1973; Amdt. 121–143, 43 FR 22641, May 25, 1978;
guage.
Amdt. 121–162, 45 FR 46739, July 10, 1980; (b) If a certificate holder conducting
Amdt. 121–251, 60 FR 65926, Dec. 20, 1995; supplemental operations is able to per-
spaschal on DSKJM0X7X2PROD with CFR

Amdt. 121–250, 60 FR 65948, Dec. 20, 1995; form all scheduled maintenance at
Amdt. 121–316, 70 FR 58823, Oct. 7, 2005; Amdt. specified stations where it keeps main-
121–329, 72 FR 1879, Jan. 16, 2007] tenance parts of the manual, it does

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Federal Aviation Administration, DOT § 121.153

not have to carry those parts of the priate current airworthiness certificate
manual aboard the aircraft en route to issued under this chapter; and
those stations. (2) Is in an airworthy condition and
[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as meets the applicable airworthiness re-
amended by Amdt. 12–71, 35 FR 17176, Nov. 7, quirements of this chapter, including
1970; Amdt. 121–253, 61 FR 2611, Jan. 26, 1996; those relating to identification and
Amdt. 121–262, 62 FR 13256, Mar. 19, 1997; 62 equipment.
FR 15570, Apr. 1, 1997] (b) A certificate holder may use an
approved weight and balance control
§ 121.141 Airplane flight manual.
system based on average, assumed, or
(a) Each certificate holder shall keep estimated weight to comply with appli-
a current approved airplane flight man- cable airworthiness requirements and
ual for each type of airplane that it op- operating limitations.
erates except for nontransport cat- (c) A certificate holder may operate
egory airplanes certificated before Jan- in common carriage, and for the car-
uary 1, 1965.
riage of mail, a civil aircraft which is
(b) In each airplane required to have leased or chartered to it without crew
an airplane flight manual in paragraph
and is registered in a country which is
(a) of this section, the certificate hold-
a party to the Convention on Inter-
er shall carry either the manual re-
national Civil Aviation if—
quired by § 121.133, if it contains the in-
formation required for the applicable (1) The aircraft carries an appro-
flight manual and this information is priate airworthiness certificate issued
clearly identified as flight manual re- by the country of registration and
quirements, or an approved Airplane meets the registration and identifica-
Manual. If the certificate holder elects tion requirements of that country;
to carry the manual required by (2) The aircraft is of a type design
§ 121.133, the certificate holder may re- which is approved under a U.S. type
vise the operating procedures sections certificate and complies with all of the
and modify the presentation of per- requirements of this chapter (14 CFR
formance data from the applicable Chapter 1) that would be applicable to
flight manual if the revised operating that aircraft were it registered in the
procedures and modified performance United States, including the require-
date presentation are— ments which must be met for issuance
(1) Approved by the Administrator; of a U.S. standard airworthiness cer-
and tificate (including type design con-
(2) Clearly identified as airplane formity, condition for safe operation,
flight manual requirements. and the noise, fuel venting, and engine
[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995] emission requirements of this chapter),
except that a U.S. registration certifi-
Subpart H—Aircraft Requirements cate and a U.S. standard airworthiness
certificate will not be issued for the
aircraft;
SOURCE: Docket No. 6258, 29 FR 19197, Dec.
31, 1964, unless otherwise noted.
(3) The aircraft is operated by U.S.-
certificated airmen employed by the
§ 121.151 Applicability. certificate holder; and
(4) The certificate holder files a copy
This subpart prescribes aircraft re-
of the aircraft lease or charter agree-
quirements for all certificate holders.
ment with the FAA Aircraft Registry,
§ 121.153 Aircraft requirements: Gen- Department of Transportation, 6400
eral. South MacArthur Boulevard, Okla-
(a) Except as provided in paragraph homa City, OK (Mailing address: P.O.
(c) of this section, no certificate holder Box 25504, Oklahoma City, OK 73125).
may operate an aircraft unless that [Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as
spaschal on DSKJM0X7X2PROD with CFR

aircraft— amended by Amdt. 121–165, 45 FR 68649, Oct.


(1) Is registered as a civil aircraft of 16, 1980]
the United States and carries an appro-

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§ 121.155 14 CFR Ch. I (1–1–21 Edition)

§ 121.155 [Reserved] be assumed to be feathered if the air-


plane is equipped with either an ap-
§ 121.157 Aircraft certification and proved means for automatically indi-
equipment requirements. cating when the particular engine has
(a) Airplanes certificated before July 1, failed or an approved means for auto-
1942. No certificate holder may operate matically feathering the propeller of
an airplane that was type certificated the inoperative engine. The Adminis-
before July 1, 1942, unless— trator may authorize deviations from
(1) That airplane meets the require- compliance with the requirements of
ments of § 121.173(c), or sections 4b.130 through 4b.190 and sub-
(2) That airplane and all other air- parts C, D, E, and F of part 4b (as des-
planes of the same or related type oper- ignated in this paragraph) if he finds
ated by that certificate holder meet that (considering the effect of design
the performance requirements of sec- changes) compliance is extremely dif-
tions 4a.737–T through 4a.750–T of the ficult to accomplish and that service
Civil Air Regulations as in effect on experience with the C–46 airplane justi-
January 31, 1965; or §§ 25.45 through fies the deviation.
25.75 and § 121.173(a), (b), (d), and (e) of (d) C–46 type airplanes: cargo oper-
this title. ations. No certificate holder may use a
(b) Airplanes certificated after June 30, nontransport category C–46 type air-
1942. Except as provided in paragraphs plane in cargo operations unless—
(c), (d), (e), and (f) of this section, no (1) It is certificated at a maximum
certificate holder may operate an air- gross weight that is not greater than
plane that was type certificated after 48,000 pounds;
June 30, 1942, unless it is certificated as (2) It meets the requirements of
a transport category airplane and §§ 121.199 through 121.205 using the per-
meets the requirements of § 121.173(a), formance data in appendix C to this
(b), (d), and (e). part;
(c) C–46 type airplanes: passenger-car- (3) Before each flight, each engine
rying operations. No certificate holder contains at least 25 gallons of oil; and
may operate a C–46 airplane in pas- (4) After December 31, 1964—
senger-carrying operations unless that (i) It is powered by a type and model
airplane is operated in accordance with engine as set forth in appendix C of
the operating limitations for transport this part, when certificated at a max-
category airplanes and meets the re- imum gross takeoff weight greater
quirements of paragraph (b) of this sec- than 45,000 pounds; and
tion or meets the requirements of part (ii) It complies with the special air-
4b, as in effect July 20, 1950, and the re- worthiness requirement set forth in
quirements of § 121.173 (a), (b), (d) and §§ 121.213 through 121.287 of this part or
(e), except that— in appendix C of this part.
(1) The requirements of sections 4b.0 (e) Commuter category airplanes. Ex-
through 4b.19 as in effect May 18, 1954, cept as provided in paragraph (f) of this
must be complied with; section, no certificate holder may oper-
(2) The birdproof windshield require- ate under this part a nontransport cat-
ments of section 4b.352 need not be egory airplane type certificated after
complied with; December 31, 1964, and before March 30,
(3) The provisions of sections 4b.480 1995, unless it meets the applicable re-
through 4b.490 (except sections quirements of § 121.173 (a), (b), (d), and
4b.484(a)(1) and 4b.487(e)), as in effect (e), and was type certificated in the
May 16, 1953, must be complied with; commuter category.
and (f) Other nontransport category air-
(4) The provisions of paragraph planes. No certificate holder may oper-
4b.484(a)(1), as in effect July 20, 1950, ate under this part a nontransport cat-
must be complied with. egory airplane type certificated after
In determining the takeoff path in ac- December 31, 1964, unless it meets the
cordance with section 4b.116 and the applicable requirements of § 121.173 (a),
spaschal on DSKJM0X7X2PROD with CFR

one-engine inoperative climb in accord- (b), (d), and (e), was manufactured be-
ance with section 4b.120 (a) and (b), the fore March 20, 1997, and meets one of
propeller of the inoperative engine may the following:

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Federal Aviation Administration, DOT § 121.161

(1) Until December 20, 2010: the Administrator in accordance with


(i) The airplane was type certificated Appendix P of this part and authorized
in the normal category before July 1, in the certificate holder’s operations
1970, and meets special conditions specifications, no certificate holder
issued by the Administrator for air- may operate a turbine-engine-powered
planes intended for use in operations airplane over a route that contains a
under part 135 of this chapter. point—
(ii) The airplane was type certifi-
(1) Farther than a flying time from
cated in the normal category before
an Adequate Airport (at a one-engine-
July 19, 1970, and meets the additional
airworthiness standards in SFAR No. inoperative cruise speed under stand-
23, 14 CFR part 23. ard conditions in still air) of 60 min-
(iii) The airplane was type certifi- utes for a two-engine airplane or 180
cated in the normal category and minutes for a passenger-carrying air-
meets the additional airworthiness plane with more than two engines;
standards in appendix A of part 135 of (2) Within the North Polar Area; or
this chapter. (3) Within the South Polar Area.
(iv) The airplane was type certifi- (b) Except as provided in paragraph
cated in the normal category and com- (c) of this section, no certificate holder
plies with either section 1.(a) or 1.(b) of may operate a land airplane (other
SFAR No. 41 of 14 CFR part 21. than a DC–3, C–46, CV–240, CV–340, CV–
(2) The airplane was type certificated 440, CV–580, CV–600, CV–640, or Martin
in the normal category, meets the ad- 404) in an extended overwater operation
ditional requirements described in
unless it is certificated or approved as
paragraphs (f)(1)(i) through (f)(1)(iv) of
adequate for ditching under the ditch-
this section, and meets the perform-
ance requirements in appendix K of ing provisions of part 25 of this chap-
this part. ter.
(g) Certain newly manufactured air- (c) Until December 20, 2010, a certifi-
planes. No certificate holder may oper- cate holder may operate, in an ex-
ate an airplane under this part that tended overwater operation, a non-
was type certificated as described in transport category land airplane type
paragraphs (f)(1)(i) through (f)(1)(iv) of certificated after December 31, 1964,
this section and that was manufac- that was not certificated or approved
tured after March 20, 1997, unless it as adequate for ditching under the
meets the performance requirements in ditching provisions of part 25 of this
appendix K of this part. chapter.
(h) Newly type certificated airplanes. (d) Unless authorized by the Adminis-
No person may operate under this part trator based on the character of the
an airplane for which the application terrain, the kind of operation, or the
for a type certificate is submitted after performance of the airplane to be used,
March 29, 1995, unless the airplane is no certificate holder may operate a re-
type certificated under part 25 of this
ciprocating-engine-powered airplane
chapter.
over a route that contains a point far-
[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as ther than 60 minutes flying time (at a
amended by Amdt. 121–251, 60 FR 65927, Dec. one-engine-inoperative cruise speed
20, 1995; Amdt. 121–256, 61 FR 30434, June 14,
under standard conditions in still air)
1996]
from an Adequate Airport.
§ 121.159 Single-engine airplanes pro- (e) Operators of turbine-engine pow-
hibited. ered airplanes with more than two en-
No certificate holder may operate a gines do not need to meet the require-
single-engine airplane under this part. ments of paragraph (a)(1) of this sec-
tion until February 15, 2008.
[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]
[Doc. No. 7329, 31 FR 13078, Oct. 8, 1966, as
§ 121.161 Airplane limitations: Type of amended by Amdt. 121–162, 45 FR 46739, July
spaschal on DSKJM0X7X2PROD with CFR

route. 10, 1980; Amdt. 121–251, 60 FR 65927, Dec. 20,


(a) Except as provided in paragraph 1995; Amdt. 121–329, 72 FR 1879, Jan. 16, 2007]
(e) of this section, unless approved by

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§ 121.162 14 CFR Ch. I (1–1–21 Edition)

§ 121.162 ETOPS Type Design Ap- trator determines that a satisfactory


proval Basis. level of proficiency has been dem-
Except for a passenger-carrying air- onstrated to justify the reduction. At
plane with more than two engines man- least 10 hours of proving flights must
ufactured prior to February 17, 2015 and be flown at night; these tests are irre-
except for a two-engine airplane that, ducible.
(b) Proving tests for kinds of operations.
when used in ETOPS, is only used for
Unless otherwise authorized by the Ad-
ETOPS of 75 minutes or less, no certifi-
ministrator, for each type of airplane,
cate holder may conduct ETOPS unless
a certificate holder must conduct at
the airplane has been type design ap-
least 50 hours of proving tests accept-
proved for ETOPS and each airplane
able to the Administrator for each kind
used in ETOPS complies with its CMP
of operation it intends to conduct, in-
document as follows:
cluding a representative number of
(a) For a two-engine airplane, that is flights into en route airports.
of the same model airplane-engine (c) Proving tests for materially altered
combination that received FAA ap- airplanes. Unless otherwise authorized
proval for ETOPS up to 180 minutes by the Administrator, for each type of
prior to February 15, 2007, the CMP airplane that is materially altered in
document for that model airplane-en- design, a certificate holder must con-
gine combination in effect on February duct at least 50 hours of proving tests
14, 2007. acceptable to the Administrator for
(b) For a two-engine airplane, that is each kind of operation it intends to
not of the same model airplane-engine conduct with that airplane, including a
combination that received FAA ap- representative number of flights into
proval for ETOPS up to 180 minutes be- en route airports.
fore February 15, 2007, the CMP docu- (d) Definition of materially altered. For
ment for that new model airplane-en- the purposes of paragraph (c) of this
gine combination issued in accordance section, a type of airplane is considered
with § 25.3(b)(1) of this chapter. to be materially altered in design if the
(c) For a two-engine airplane ap- alteration includes—
proved for ETOPS beyond 180 minutes, (1) The installation of powerplants
the CMP document for that model air- other than those of a type similar to
plane-engine combination issued in ac- those with which it is certificated; or
cordance with § 25.3(b)(2) of this chap- (2) Alterations to the aircraft or its
ter. components that materially affect
(d) For an airplane with more than 2 flight characteristics.
engines manufactured on or after Feb- (e) No certificate holder may carry
ruary 17, 2015, the CMP document for passengers in an aircraft during prov-
that model airplane-engine combina- ing tests, except for those needed to
tion issued in accordance with § 25.3(c) make the test and those designated by
of this chapter. the Administrator. However, it may
[Doc. No. FAA–2002–6717, 72 FR 1879, Jan. 16, carry mail, express, or other cargo,
2007] when approved.
[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as
§ 121.163 Aircraft proving tests. amended by Amdt. 121–42, 33 FR 10330, July
(a) Initial airplane proving tests. No 19, 1968; 34 FR 13468, Aug. 21, 1969; Amdt. 121–
person may operate an airplane not be- 162, 45 FR 46739, July 10, 1980; Amdt. 121–251,
fore proven for use in a kind of oper- 60 FR 65927, Dec. 20, 1995]
ation under this part or part 135 of this
chapter unless an airplane of that type Subpart I—Airplane Performance
has had, in addition to the airplane Operating Limitations
certification tests, at least 100 hours of
proving tests acceptable to the Admin- SOURCE: Docket No. 6258, 29 FR 19198, Dec.
istrator, including a representative 31, 1964; 30 FR 130, Jan. 7, 1965, unless other-
number of flights into en route air- wise noted.
spaschal on DSKJM0X7X2PROD with CFR

ports. The requirement for at least 100 EDITORIAL NOTE: Nomenclature changes to
hours of proving tests may be reduced subpart I of part 121 appear at 60 FR 65928,
by the Administrator if the Adminis- Dec. 20, 1995.

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Federal Aviation Administration, DOT § 121.173

§ 121.171 Applicability. (b) Except as provided in paragraph


(c) of this section, each certificate
(a) This subpart prescribes airplane
holder operating a turbine-engine-pow-
performance operating limitations for ered airplane shall comply with the ap-
all certificate holders. plicable provisions of §§ 121.189 through
(b) For purposes of this part, effective 121.197, except that when it operates—
length of the runway for landing means (1) A turbo-propeller-powered air-
the distance from the point at which plane type certificated after August 29,
the obstruction clearance plane associ- 1959, but previously type certificated
ated with the approach end of the run- with the same number of reciprocating
way intersects the centerline of the engines, the certificate holder may
runway to the far end thereof. comply with §§ 121.175 through 121.187;
(c) For the purposes of this subpart, or
obstruction clearance plane means a (2) Until December 20, 2010, a turbo-
plane sloping upward from the runway propeller-powered airplane described in
at a slope of 1:20 to the horizontal, and § 121.157(f), the certificate holder may
tangent to or clearing all obstructions comply with the applicable perform-
within a specified area surrounding the ance requirements of appendix K of
runway as shown in a profile view of this part.
that area. In the plan view, the center- (c) Each certificate holder operating
line of the specified area coincides with a large nontransport category airplane
the centerline of the runway, beginning type certificated before January 1, 1965,
at the point where the obstruction shall comply with §§ 121.199 through
clearance plane intersects the center- 121.205 and any determination of com-
line of the runway and proceeding to a pliance must be based only on approved
point at least 1,500 feet from the begin- performance data.
ning point. Thereafter the centerline (d) The performance data in the Air-
coincides with the takeoff path over plane Flight Manual applies in deter-
the ground for the runway (in the case mining compliance with §§ 121.175
of takeoffs) or with the instrument ap- through 121.197. Where conditions are
proach counterpart (for landings), or, different from those on which the per-
where the applicable one of these paths formance data is based, compliance is
has not been established, it proceeds determined by interpolation or by com-
consistent with turns of at least 4,000 puting the effects of changes in the
foot radius until a point is reached be- specific variables if the results of the
yond which the obstruction clearance interpolation or computations are sub-
plane clears all obstructions. This area stantially as accurate as the results of
extends laterally 200 feet on each side direct tests.
of the centerline at the point where the (e) Except as provided in paragraph
obstruction clearance plane intersects (c) of this section, no person may take
the runway and continues at this width off a reciprocating-engine-powered air-
to the end of the runway; then it in- plane at a weight that is more than the
creases uniformly to 500 feet on each allowable weight for the runway being
side of the centerline at a point 1,500 used (determined under the runway
feet from the intersection of the ob- takeoff limitations of the operating
struction clearance plane with the run- rules of 14 CFR part 121, subpart I)
way; thereafter it extends laterally 500 after taking into account the tempera-
feet on each side of the centerline. ture operating correction factors in the
applicable Airplane Flight Manual.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as (f) The Administrator may authorize
amended by Amdt. 121–132, 41 FR 55475, Dec. in the operations specifications devi-
20, 1976] ations from the requirements in the
subpart if special circumstances make
§ 121.173 General.
a literal observance of a requirement
(a) Except as provided in paragraph unnecessary for safety.
(c) of this section, each certificate (g) The ten-mile width specified in
spaschal on DSKJM0X7X2PROD with CFR

holder operating a reciprocating-en- §§ 121.179 through 121.183 may be re-


gine-powered airplane shall comply duced to five miles, for not more than
with §§ 121.175 through 121.187. 20 miles, when operating VFR or where

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§ 121.175 14 CFR Ch. I (1–1–21 Edition)

navigation facilities furnish reliable stop distance data, at any time during
and accurate identification of high takeoff until reaching critical-engine
ground and obstructions located out- failure speed;
side of five miles, but within ten miles, (2) If the critical engine fails at any
on each side of the intended track. time after the airplane reaches crit-
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as ical-engine failure speed V1, to con-
amended by Amdt. 121–251, 60 FR 65928, Dec. tinue the takeoff and reach a height of
20, 1995] 50 feet, as indicated by the takeoff path
data, before passing over the end of the
§ 121.175 Airplanes: Reciprocating en-
gine-powered: Weight limitations. runway; and
(3) To clear all obstacles either by at
(a) No person may take off a recipro-
least 50 feet vertically (as shown by the
cating engine powered airplane from an
airport located at an elevation outside takeoff path data) or 200 feet hori-
of the range for which maximum take- zontally within the airport boundaries
off weights have been determined for and 300 feet horizontally beyond the
that airplane. boundaries, without banking before
(b) No person may take off a recipro- reaching a height of 50 feet (as shown
cating engine powered airplane for an by the takeoff path data) and there-
airport of intended destination that is after without banking more than 15 de-
located at an elevation outside of the grees.
range for which maximum landing (b) In applying this section, correc-
weights have been determined for that tions must be made for the effective
airplane. runway gradient. To allow for wind ef-
(c) No person may specify, or have fect, takeoff data based on still air may
specified, an alternate airport that is be corrected by taking into account
located at an elevation outside of the not more than 50 percent of any re-
range for which maximum landing ported headwind component and not
weights have been determined for the less than 150 percent of any reported
reciprocating engine powered airplane
tailwind component.
concerned.
(d) No person may take off a recipro- (c) This section does not apply to
cating engine powered airplane at a large nontransport category airplanes
weight more than the maximum au- operated under § 121.173(c).
thorized takeoff weight for the ele- [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
vation of the airport. amended by Amdt. 121–159, 45 FR 41593, June
(e) No person may take off a recipro- 19, 1980; Amdt. 121–251, 60 FR 65928, Dec. 20,
cating engine powered airplane if its 1995]
weight on arrival at the airport of des-
tination will be more than the max- § 121.179 Airplanes: Reciprocating en-
imum authorized landing weight for gine-powered: En route limitations:
the elevation of that airport, allowing All engines operating.
for normal consumption of fuel and oil (a) No person operating a recipro-
en route. cating engine powered airplane may
(f) This section does not apply to take off that airplane at a weight, al-
large nontransport category airplanes lowing for normal consumption of fuel
operated under § 121.173(c). and oil, that does not allow a rate of
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as climb (in feet per minute), with all en-
amended by Amdt. 121–251, 60 FR 65928, Dec. gines operating, of at least 6.90 VSo
20, 1995] (that is, the number of feet per minute
§ 121.177 Airplanes: Reciprocating en- is obtained by multiplying the number
gine-powered: Takeoff limitations. of knots by 6.90) at an altitude of at
least 1,000 feet above the highest
(a) No person operating a recipro-
ground or obstruction within ten miles
cating engine powered airplane may
takeoff that airplane unless it is pos- of each side of the intended track.
spaschal on DSKJM0X7X2PROD with CFR

sible— (b) This section does not apply to air-


(1) To stop the airplane safely on the planes certificated under part 4a of the
runway, as shown by the accelerate Civil Air Regulations.

86

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Federal Aviation Administration, DOT § 121.183

(c) This section does not apply to for airplanes certificated under part 25
large nontransport category airplanes of this chapter and by 0.026 Vso2 for air-
operated under § 121.173(c). planes certificated under part 4a of the
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as Civil Air Regulations.
amended by Amdt. 121–251, 60 FR 65928, Dec. (2) The all-engines-operating altitude
20, 1995] shall be sufficient so that in the event
the critical engine becomes inoperative
§ 121.181 Airplanes: Reciprocating en- at any point along the route, the flight
gine-powered: En route limitations: will be able to proceed to a predeter-
One engine inoperative.
mined alternate airport by use of this
(a) Except as provided in paragraph procedure. In determining the takeoff
(b) of this section, no person operating weight, the airplane is assumed to pass
a reciprocating engine powered air- over the critical obstruction following
plane may take off that airplane at a engine failure at a point no closer to
weight, allowing for normal consump- the critical obstruction than the near-
tion of fuel and oil, that does not allow est approved radio navigational fix, un-
a rate of climb (in feet per minute), less the Administrator approves a pro-
with one engine inoperative, of at least cedure established on a different basis
(0.079–0.106/N) Vso2 upon finding that adequate operational
safeguards exist.
(where N is the number of engines in- (3) The airplane must meet the provi-
stalled and VSo is expressed in knots) at sions of paragraph (a) of this section at
an altitude of at least 1,000 feet above 1,000 feet above the airport used as an
the highest ground or obstruction alternate in this procedure.
within 10 miles of each side of the in- (4) The procedure must include an ap-
tended track. However, for the pur- proved method of accounting for winds
poses of this paragraph the rate of and temperatures that would otherwise
climb for airplanes certificated under adversely affect the flight path.
part 4a of the Civil Air Regulations is
(5) In complying with this procedure
0.026 Vso2.
fuel jettisoning is allowed if the certifi-
(b) In place of the requirements of
cate holder shows that it has an ade-
paragraph (a) of this section, a person
quate training program, that proper in-
may, under an approved procedure, op-
structions are given to the flight crew,
erate a reciprocating engine powered
and all other precautions are taken to
airplane, at an all-engines-operating
insure a safe procedure.
altitude that allows the airplane to
continue, after an engine failure, to an (6) The certificate holder shall speci-
alternate airport where a landing can fy in the dispatch or flight release an
be made in accordance with § 121.187, al- alternate airport that meets the re-
lowing for normal consumption of fuel quirements of § 121.625.
and oil. After the assumed failure, the (d) This section does not apply to
flight path must clear the ground and large nontransport category airplanes
any obstruction within five miles on operated under § 121.173(c).
each side of the intended track by at [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30
least 2,000 feet. FR 130, Jan. 7, 1965, as amended by Amdt.
(c) If an approved procedure under 121–251, 60 FR 65928, Dec. 20, 1995]
paragraph (b) of this section is used,
the certificate holder shall comply § 121.183 Part 25 airplanes with four
with the following: or more engines: Reciprocating en-
(1) The rate of climb (as prescribed in gine powered: En route limitations:
the Airplane Flight Manual for the ap- Two engines inoperative.
propriate weight and altitude) used in (a) No person may operate an air-
calculating the airplane’s flight path plane certificated under part 25 and
shall be diminished by an amount, in having four or more engines unless—
feet per minute, equal to (1) There is no place along the in-
(0.079–0.106/N) Vso2 tended track that is more than 90 min-
spaschal on DSKJM0X7X2PROD with CFR

utes (with all engines operating at


(when N is the number of engines in- cruising power) from an airport that
stalled and VSo is expressed in knots) meets the requirements of § 121.187; or

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§ 121.185 14 CFR Ch. I (1–1–21 Edition)

(2) It is operated at a weight allowing percent of the effective length of each


the airplane, with the two critical en- runway described below from a point 50
gines inoperative, to climb at 0.013 Vso2 feet directly above the intersection of
feet per minute (that is, the number of the obstruction clearance plane and
feet per minute is obtained by multi- the runway. For the purposes of deter-
plying the number of knots squared by mining the allowable landing weight at
0.013) at an altitude of 1,000 feet above the destination airport the following is
the highest ground or obstruction assumed:
within 10 miles on each side of the in- (1) The airplane is landed on the most
tended track, or at an altitude of 5,000 favorable runway and in the most fa-
feet, whichever is higher. vorable direction in still air.
(b) For the purposes of paragraph (2) The airplane is landed on the most
(a)(2) of this section, it is assumed suitable runway considering the prob-
that— able wind velocity and direction (fore-
(1) The two engines fail at the point
cast for the expected time of arrival),
that is most critical with respect to
the ground handling characteristics of
the takeoff weight:
the type of airplane, and other condi-
(2) Consumption of fuel and oil is nor-
mal with all engines operating up to tions such as landing aids and terrain,
the point where the two engines fail and allowing for the effect of the land-
and with two engines operating beyond ing path and roll of not more than 50
that point; percent of the headwind component or
(3) Where the engines are assumed to not less than 150 percent of the tail-
fail at an altitude above the prescribed wind component.
minimum altitude, compliance with (b) An airplane that would be prohib-
the prescribed rate of climb at the pre- ited from being taken off because it
scribed minimum altitude need not be could not meet the requirements of
shown during the descent from the paragraph (a)(2) of this section may be
cruising altitude to the prescribed min- taken off if an alternate airport is
imum altitude, if those requirements specified that meets all of the require-
can be met once the prescribed min- ments of this section except that the
imum altitude is reached, and assum- airplane can accomplish a full stop
ing descent to be along a net flight landing within 70 percent of the effec-
path and the rate of descent to be 0.013 tive length of the runway.
Vso2 greater than the rate in the ap- (c) This section does not apply to
proved performance data; and large nontransport category airplanes
(4) If fuel jettisoning is provided, the operated under § 121.173(c).
airplane’s weight at the point where
the two engines fail is considered to be [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30
FR 130, Jan. 7, 1965, as amended by Amdt.
not less than that which would include
121–251, 60 FR 65928, Dec. 20, 1995]
enough fuel to proceed to an airport
meeting the requirements of § 121.187 § 121.187 Airplanes: Reciprocating en-
and to arrive at an altitude of at least gine-powered: Landing limitations:
1,000 feet directly over that airport. Alternate airport.
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 (a) No person may list an airport as
FR 130, Jan. 7, 1965, as amended by Amdt. an alternate airport in a dispatch or
121–251, 60 FR 65928, Dec. 20, 1995] flight release unless the airplane (at
§ 121.185 Airplanes: Reciprocating en- the weight anticipated at the time of
gine-powered: Landing limitations: arrival at the airport), based on the as-
Destination airport. sumptions in § 121.185, can be brought
to a full stop landing, within 70 percent
(a) Except as provided in paragraph
of the effective length of the runway.
(b) of this section no person operating
a reciprocating engine powered air- (b) This section does not apply to
plane may take off that airplane, un- large nontransport category airplanes
less its weight on arrival, allowing for operated under § 121.173(c).
spaschal on DSKJM0X7X2PROD with CFR

normal consumption of fuel and oil in [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30
flight, would allow a full stop landing FR 130, Jan. 7, 1965, as amended by Amdt.
at the intended destination within 60 121–251, 60 FR 65928, Dec. 20, 1995]

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Federal Aviation Administration, DOT § 121.191

§ 121.189 Airplanes: Turbine engine (2) In the case of an airplane certifi-


powered: Takeoff limitations. cated after September 30, 1958 (SR
(a) No person operating a turbine en- 422A, 422B), that allows a net takeoff
gine powered airplane may take off flight path that clears all obstacles ei-
that airplane at a weight greater than ther by a height of at least 35 feet
that listed in the Airplane Flight Man- vertically, or by at least 200 feet hori-
ual for the elevation of the airport and zontally within the airport boundaries
for the ambient temperature existing and by at least 300 feet horizontally
at takeoff. after passing the boundaries.
(e) In determining maximum
(b) No person operating a turbine en-
weights, minimum distances, and flight
gine powered airplane certificated after
paths under paragraphs (a) through (d)
August 26, 1957, but before August 30,
of this section, correction must be
1959 (SR422, 422A), may take off that
made for the runway to be used, the
airplane at a weight greater than that
elevation of the airport, the effective
listed in the Airplane Flight Manual
runway gradient, the ambient tempera-
for the minimum distances required for
ture and wind component at the time
takeoff. In the case of an airplane cer-
of takeoff, and, if operating limitations
tificated after September 30, 1958
exist for the minimum distances re-
(SR422A, 422B), the takeoff distance
quired for takeoff from wet runways,
may include a clearway distance but
the runway surface condition (dry or
the clearway distance included may
wet). Wet runway distances associated
not be greater than 1⁄2 of the takeoff
with grooved or porous friction course
run.
runways, if provided in the Airplane
(c) No person operating a turbine en- Flight Manual, may be used only for
gine powered airplane certificated after runways that are grooved or treated
August 29, 1959 (SR422B), may take off with a porous friction course (PFC)
that airplane at a weight greater than overlay, and that the operator deter-
that listed in the Airplane Flight Man- mines are designed, constructed, and
ual at which compliance with the fol- maintained in a manner acceptable to
lowing may be shown: the Administrator.
(1) The accelerate-stop distance must (f) For the purposes of this section, it
not exceed the length of the runway is assumed that the airplane is not
plus the length of any stopway. banked before reaching a height of 50
(2) The takeoff distance must not ex- feet, as shown by the takeoff path or
ceed the length of the runway plus the net takeoff flight path data (as appro-
length of any clearway except that the priate) in the Airplane Flight Manual,
length of any clearway included must and thereafter that the maximum bank
not be greater than one-half the length is not more than 15 degrees.
of the runway. (g) For the purposes of this section
(3) The takeoff run must not be the terms, takeoff distance, takeoff run,
greater than the length of the runway. net takeoff flight path and takeoff path
(d) No person operating a turbine en- have the same meanings as set forth in
gine powered airplane may take off the rules under which the airplane was
that airplane at a weight greater than certificated.
that listed in the Airplane Flight Man- [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
ual— amended by Amdt. 121–268, 63 FR 8321, Feb.
(1) In the case of an airplane certifi- 18, 1998]
cated after August 26, 1957, but before
October 1, 1958 (SR422), that allows a § 121.191 Airplanes: Turbine engine
takeoff path that clears all obstacles powered: En route limitations: One
either by at least (35 + 0.01D) feet engine inoperative.
vertically (D is the distance along the (a) No person operating a turbine en-
intended flight path from the end of gine powered airplane may take off
the runway in feet), or by at least 200 that airplane at a weight, allowing for
feet horizontally within the airport normal consumption of fuel and oil,
spaschal on DSKJM0X7X2PROD with CFR

boundaries and by at least 300 feet that is greater than that which (under
horizontally after passing the bound- the approved, one engine inoperative,
aries; or en route net flight path data in the

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§ 121.193 14 CFR Ch. I (1–1–21 Edition)

Airplane Flight Manual for that air- approved net flight path data in the
plane) will allow compliance with para- Airplane Flight Manual.
graph (a) (1) or (2) of this section, based
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30
on the ambient temperatures expected FR 130, Jan. 7, 1965, as amended by Amdt.
en route: 121–143, 43 FR 22641, May 25, 1978]
(1) There is a positive slope at an al-
titude of at least 1,000 feet above all § 121.193 Airplanes: Turbine engine
terrain and obstructions within five powered: En route limitations: Two
statute miles on each side of the in- engines inoperative.
tended track, and, in addition, if that (a) Airplanes certificated after August
airplane was certificated after August 26, 1957, but before October 1, 1958 (SR
29, 1959 (SR 422B) there is a positive 422). No person may operate a turbine
slope at 1,500 feet above the airport engine powered airplane along an in-
where the airplane is assumed to land tended route unless he complies with
after an engine fails. either of the following:
(2) The net flight path allows the air- (1) There is no place along the in-
plane to continue flight from the cruis- tended track that is more than 90 min-
ing altitude to an airport where a land- utes (with all engines operating at
ing can be made under § 121.197, clear- cruising power) from an airport that
ing all terrain and obstructions within meets the requirements of § 121.197.
five statute miles of the intended track (2) Its weight, according to the two-
by at least 2,000 feet vertically and engine-inoperative, en route, net flight
with a positive slope at 1,000 feet above path data in the Airplane Flight Man-
the airport where the airplane lands ual, allows the airplane to fly from the
after an engine fails, or, if that air- point where the two engines are as-
plane was certificated after September sumed to fail simultaneously to an air-
30, 1958 (SR 422A, 422B), with a positive port that meets the requirements of
slope at 1,500 feet above the airport § 121.197, with a net flight path (consid-
where the airplane lands after an en- ering the ambient temperature antici-
gine fails. pated along the track) having a posi-
(b) For the purposes of paragraph tive slope at an altitude of at least
(a)(2) of this section, it is assumed 1,000 feet above all terrain and obstruc-
that— tions within five miles on each side of
(1) The engine fails at the most crit- the intended track, or at an altitude of
ical point en route; 5,000 feet, whichever is higher.
(2) The airplane passes over the crit- For the purposes of paragraph (a)(2) of
ical obstruction, after engine failure at this section, it is assumed that the two
a point that is no closer to the obstruc- engines fail at the most critical point
tion than the nearest approved radio en route, that if fuel jettisoning is pro-
navigation fix, unless the Adminis- vided, the airplane’s weight at the
trator authorizes a different procedure point where the engines fail includes
based on adequate operational safe- enough fuel to continue to the airport
guards; and to arrive at an altitude of at least
(3) An approved method is used to 1,000 feet directly over the airport, and
allow for adverse winds: that the fuel and oil consumption after
(4) Fuel jettisoning will be allowed if engine failure is the same as the con-
the certificate holder shows that the sumption allowed for in the net flight
crew is properly instructed, that the path data in the Airplane Flight Man-
training program is adequate, and that ual.
all other precautions are taken to in- (b) Aircraft certificated after September
sure a safe procedure; 30, 1958, but before August 30, 1959 (SR
(5) The alternate airport is specified 422A). No person may operate a turbine
in the dispatch or flight release and engine powered airplane along an in-
meets the prescribed weather mini- tended route unless he complies with
mums; and either of the following:
spaschal on DSKJM0X7X2PROD with CFR

(6) The consumption of fuel and oil (1) There is no place along the in-
after engine failure is the same as the tended track that is more than 90 min-
consumption that is allowed for in the utes (with all engines operating at

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Federal Aviation Administration, DOT § 121.195

cruising power) from an airport that (i) The two engines fail at the most
meets the requirements of § 121.197. critical point en route;
(2) Its weight, according to the two- (ii) The net flight path has a positive
engine-inoperative, en route, net flight slope at 1,500 feet above the airport
path data in the Airplane Flight Man- where the landing is assumed to be
ual, allows the airplane to fly from the made after the engines fail;
point where the two engines are as- (iii) Fuel jettisoning will be approved
sumed to fail simultaneously to an air- if the certificate holder shows that the
port that meets the requirements of crew is properly instructed, that the
§ 121.197, with a net flight path (consid- training program is adequate, and that
ering the ambient temperatures antici- all other precautions are taken to en-
pated along the track) having a posi- sure a safe procedure;
tive slope at an altitude of at least (iv) The airplane’s weight at the
1,000 feet above all terrain and obstruc- point where the two engines are as-
tions within 5 miles on each side of the sumed to fail provides enough fuel to
intended track, or at an altitude of continue to the airport, to arrive at an
2,000 feet, whichever is higher. altitude of at least 1,500 feet directly
For the purposes of paragraph (b)(2) of over the airport, and thereafter to fly
this section, it is assumed that the two for 15 minutes at cruise power or
engines fail at the most critical point thrust, or both; and
en route, that the airplane’s weight at (v) The consumption of fuel and oil
the point where the engines fail in- after the engine failure is the same as
cludes enough fuel to continue to the the consumption that is allowed for in
airport, to arrive at an altitude of at the net flight path data in the Airplane
least 1,500 feet directly over the air- Flight Manual.
port, and thereafter to fly for 15 min-
utes at cruise power or thrust, or both, § 121.195 Airplanes: Turbine engine
and that the consumption of fuel and powered: Landing limitations: Des-
tination airports.
oil after engine failure is the same as
the consumption allowed for in the net (a) No person operating a turbine en-
flight path data in the Airplane Flight gine powered airplane may take off
Manual. that airplane at such a weight that (al-
(c) Aircraft certificated after August 29, lowing for normal consumption of fuel
1959 (SR 422B). No person may operate and oil in flight to the destination or
a turbine engine powered airplane alternate airport) the weight of the air-
along an intended route unless he com- plane on arrival would exceed the land-
plies with either of the following: ing weight set forth in the Airplane
(1) There is no place along the in- Flight Manual for the elevation of the
tended track that is more than 90 min- destination or alternate airport and
utes (with all engines operating at the ambient temperature anticipated
cruising power) from an airport that at the time of landing.
meets the requirements of § 121.197. (b) Except as provided in paragraph
(2) Its weight, according to the two- (c), (d), or (e) of this section, no person
engine inoperative, en route, net flight operating a turbine engine powered air-
path data in the Airplane Flight Man- plane may take off that airplane unless
ual, allows the airplane to fly from the its weight on arrival, allowing for nor-
point where the two engines are as- mal consumption of fuel and oil in
sumed to fail simultaneously to an air- flight (in accordance with the landing
port that meets the requirements of distance set forth in the Airplane
§ 121.197, with the net flight path (con- Flight Manual for the elevation of the
sidering the ambient temperatures an- destination airport and the wind condi-
ticipated along the track) clearing tions anticipated there at the time of
vertically by at least 2,000 feet all ter- landing), would allow a full stop land-
rain and obstructions within five stat- ing at the intended destination airport
ute miles (4.34 nautical miles) on each within 60 percent of the effective
spaschal on DSKJM0X7X2PROD with CFR

side of the intended track. For the pur- length of each runway described below
poses of this subparagraph, it is as- from a point 50 feet above the intersec-
sumed that— tion of the obstruction clearance plane

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§ 121.197 14 CFR Ch. I (1–1–21 Edition)

and the runway. For the purpose of de- release for a turbine engine powered
termining the allowable landing weight airplane unless (based on the assump-
at the destination airport the following tions in § 121.195 (b)) that airplane at
is assumed: the weight anticipated at the time of
(1) The airplane is landed on the most arrival can be brought to a full stop
favorable runway and in the most fa- landing within 70 percent of the effec-
vorable direction, in still air. tive length of the runway for turbo-
(2) The airplane is landed on the most propeller powered airplanes and 60 per-
suitable runway considering the prob- cent of the effective length of the run-
able wind velocity and direction and way for turbojet powered airplanes,
the ground handling characteristics of from a point 50 feet above the intersec-
the airplane, and considering other tion of the obstruction clearance plane
conditions such as landing aids and ter- and the runway. In the case of an alter-
rain. nate airport for departure, as provided
(c) A turbopropeller powered airplane in § 121.617, allowance may be made for
that would be prohibited from being fuel jettisoning in addition to normal
taken off because it could not meet the consumption of fuel and oil when deter-
requirements of paragraph (b)(2) of this mining the weight anticipated at the
section, may be taken off if an alter- time of arrival.
nate airport is specified that meets all
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
the requirements of this section except amended by Amdt. 121–9, 30 FR 8572, July 7,
that the airplane can accomplish a full 1965; Amdt. 121–179, 47 FR 33390, Aug. 2, 1982]
stop landing within 70 percent of the
effective length of the runway. § 121.198 Cargo service airplanes: In-
(d) Unless, based on a showing of ac- creased zero fuel and landing
tual operating landing techniques on weights.
wet runways, a shorter landing dis- (a) Notwithstanding the applicable
tance (but never less than that re- structural provisions of the airworthi-
quired by paragraph (b) of this section) ness regulations but subject to para-
has been approved for a specific type graphs (b) through (g) of this section, a
and model airplane and included in the certificate holder may operate (for
Airplane Flight Manual, no person may cargo service only) any of the following
takeoff a turbojet powered airplane airplanes (certificated under part 4b of
when the appropriate weather reports the Civil Air Regulations effective be-
and forecasts, or a combination there- fore March 13, 1956) at increased zero
of, indicate that the runways at the fuel and landing weights—
destination airport may be wet or slip- (1) DC–6A, DC–6B, DC–7B, and DC–7C;
pery at the estimated time of arrival and
unless the effective runway length at (2) L1049B, C, D, E, F, G, and H, and
the destination airport is at least 115 the L1649A when modified in accord-
percent of the runway length required ance with supplemental type certifi-
under paragraph (b) of this section. cate SA 4–1402.
(e) A turbojet powered airplane that (b) The zero fuel weight (maximum
would be prohibited from being taken weight of the airplane with no dispos-
off because it could not meet the re- able fuel and oil) and the structural
quirements of paragraph (b)(2) of this landing weight may be increased be-
section may be taken off if an alter- yond the maximum approved in full
nate airport is specified that meets all compliance with applicable regulations
the requirements of paragraph (b) of only if the Administrator finds that—
this section. (1) The increase is not likely to re-
[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as duce seriously the structural strength;
amended by Amdt. 121–9, 30 FR 8572, July 7, (2) The probability of sudden fatigue
1965] failure is not noticeably increased;
(3) The flutter, deformation, and vi-
§ 121.197 Airplanes: Turbine engine bration characteristics do not fall
powered: Landing limitations: Al- below those required by applicable reg-
spaschal on DSKJM0X7X2PROD with CFR

ternate airports. ulations; and


No person may list an airport as an (4) All other applicable weight limi-
alternate airport in a dispatch or flight tations will be met.

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Federal Aviation Administration, DOT § 121.201

(c) No zero fuel weight may be in- tailwind component, may be taken into
creased by more than five percent, and account;
the increase in the structural landing (3) The average runway gradient (the
weight may not exceed the amount, in difference between the elevations of
pounds, of the increase in zero fuel the endpoints of the runway divided by
weight. the total length) must be considered if
(d) Each airplane must be inspected it is more than one-half of 1 percent;
in accordance with the approved spe- (4) It is assumed that the airplane is
cial inspection procedures, for oper- operating in standard atmosphere; and
ations at increased weights, estab- (5) The effective length of the runway
lished and issued by the manufacturer for takeoff means the distance from
of the type of airplane. the end of the runway at which the
(e) Each airplane operated under this takeoff is started to a point at which
section must be operated in accordance the obstruction clearance plane associ-
with the passenger-carrying perform- ated with the other end of the runway
ance operating limitations prescribed intersects the runway centerline.
in this part. [Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as
(f) The Airplane Flight Manual for amended by Amdt. 121–132, 41 FR 55475, Dec.
each airplane operated under this sec- 20, 1976]
tion must be appropriately revised to
§ 121.201 Nontransport category air-
include the operating limitations and planes: En route limitations: One
information needed for operation at engine inoperative.
the increased weights.
(a) Except as provided in paragraph
(g) Except as provided for the car-
(b) of this section, no person operating
rying of persons under § 121.583 each
a nontransport category airplane may
airplane operated at an increased
take off that airplane at a weight that
weight under this section must, before
does not allow a rate of climb of at
it is used in passenger service, be in-
least 50 feet a minute, with the critical
spected under the special inspection
engine inoperative, at an altitude of at
procedures for return to passenger
least 1,000 feet above the highest ob-
service established and issued by the
struction within five miles on each side
manufacturer and approved by the Ad-
of the intended track, or 5,000 feet,
ministrator.
whichever is higher.
§ 121.199 Nontransport category air- (b) Notwithstanding paragraph (a) of
planes: Takeoff limitations. this section, if the Administrator finds
that safe operations are not impaired,
(a) No person operating a non- a person may operate the airplane at
transport category airplane may take an altitude that allows the airplane, in
off that airplane at a weight greater case of engine failure, to clear all ob-
than the weight that would allow the structions within 5 miles on each side
airplane to be brought to a safe stop of the intended track by 1,000 feet. If
within the effective length of the run- this procedure is used, the rate of de-
way, from any point during the takeoff scent for the appropriate weight and
before reaching 105 percent of min- altitude is assumed to be 50 feet a
imum control speed (the minimum minute greater than the rate in the ap-
speed at which an airplane can be safe- proved performance data. Before ap-
ly controlled in flight after an engine proving such a procedure, the Adminis-
becomes inoperative) or 115 percent of trator considers the following for the
the power off stalling speed in the route, route segment, or area con-
takeoff configuration, whichever is cerned:
greater. (1) The reliability of wind and weath-
(b) For the purposes of this section— er forecasting.
(1) It may be assumed that takeoff (2) The location and kinds of naviga-
power is used on all engines during the tion aids.
acceleration; (3) The prevailing weather condi-
spaschal on DSKJM0X7X2PROD with CFR

(2) Not more than 50 percent of the tions, particularly the frequency and
reported headwind component, or not amount of turbulence normally en-
less than 150 percent of the reported countered.

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§ 121.203 14 CFR Ch. I (1–1–21 Edition)

(4) Terrain features. § 121.205 Nontransport category air-


(5) Air traffic control problems. planes: Landing limitations: Alter-
(6) Any other operational factors nate airport.
that affect the operation. No person may list an airport as an
(c) For the purposes of this section, it alternate airport in a dispatch or flight
is assumed that— release for a nontransport category air-
(1) The critical engine is inoperative; plane unless that airplane (at the
(2) The propeller of the inoperative weight anticipated at the time of ar-
engine is in the minimum drag posi- rival) based on the assumptions con-
tion; tained in § 121.203, can be brought to a
(3) The wing flaps and landing gear full stop landing within 70 percent of
are in the most favorable position; the effective length of the runway.
(4) The operating engines are oper-
§ 121.207 Provisionally certificated air-
ating at the maximum continuous planes: Operating limitations.
power available;
(5) The airplane is operating in stand- In addition to the limitations in
ard atmosphere; and § 91.317 of this chapter, the following
(6) The weight of the airplane is pro- limitations apply to the operation of
gressively reduced by the anticipated provisionally certificated airplanes by
consumption of fuel and oil. certificate holders:
(a) In addition to crewmembers, each
§ 121.203 Nontransport category air- certificate holder may carry on such an
planes: Landing limitations: Des- airplane only those persons who are
tination airport. listed in § 121.547(c) or who are specifi-
(a) No person operating a non- cally authorized by both the certificate
transport category airplane may take holder and the Administrator.
off that airplane at a weight that— (b) Each certificate holder shall keep
a log of each flight conducted under
(1) Allowing for anticipated consump-
this section and shall keep accurate
tion of fuel and oil, is greater than the
and complete records of each inspec-
weight that would allow a full stop
tion made and all maintenance per-
landing within 60 percent of the effec-
formed on the airplane. The certificate
tive length of the most suitable run-
holder shall make the log and records
way at the destination airport; and
made under this section available to
(2) Is greater than the weight allow- the manufacturer and the Adminis-
able if the landing is to be made on the trator.
runway—
(i) With the greatest effective length [Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]
in still air; and
(ii) Required by the probable wind, Subpart J—Special Airworthiness
taking into account not more than 50 Requirements
percent of the headwind component or
not less than 150 percent of the tail- SOURCE: Docket No. 6258, 29 FR 19202, Dec.
wind component. 31, 1964, unless otherwise noted.
(b) For the purposes of this section,
it is assumed that— § 121.211 Applicability.
(1) The airplane passes directly over (a) This subpart prescribes special
the intersection of the obstruction airworthiness requirements applicable
clearance plane and the runway at a to certificate holders as stated in para-
height of 50 feet in a steady gliding ap- graphs (b) through (e) of this section.
proach at a true indicated airspeed of (b) Except as provided in paragraph
at least 1.3 VSo; (d) of this section, each airplane type
(2) The landing does not require ex- certificated under Aero Bulletin 7A or
ceptional pilot skill; and part 04 of the Civil Air Regulations in
spaschal on DSKJM0X7X2PROD with CFR

(3) The airplane is operating in stand- effect before November 1, 1946 must
ard atmosphere. meet the special airworthiness require-
ments in §§ 121.215 through 121.283.

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Federal Aviation Administration, DOT § 121.221

(c) Each certificate holder must com- § 121.219 Ventilation.


ply with the requirements of §§ 121.285 Each passenger or crew compartment
through 121.291. must be suitably ventilated. Carbon
(d) If the Administrator determines monoxide concentration may not be
that, for a particular model of airplane more than one part in 20,000 parts of
used in cargo service, literal compli- air, and fuel fumes may not be present.
ance with any requirement under para- In any case where partitions between
graph (b) of this section would be ex- compartments have louvres or other
tremely difficult and that compliance means allowing air to flow between
would not contribute materially to the compartments, there must be a means
objective sought, he may require com- convenient to the crew for closing the
pliance only with those requirements flow of air through the partitions,
that are necessary to accomplish the when necessary.
basic objectives of this part.
(e) No person may operate under this § 121.221 Fire precautions.
part a nontransport category airplane (a) Each compartment must be de-
type certificated after December 31, signed so that, when used for storing
1964, unless the airplane meets the spe- cargo or baggage, it meets the fol-
cial airworthiness requirements in lowing requirements:
§ 121.293. (1) No compartment may include con-
[Doc. No. 28154, 60 FR 65928, Dec. 20, 1995] trols, wiring, lines, equipment, or ac-
cessories that would upon damage or
§ 121.213 [Reserved] failure, affect the safe operation of the
airplane unless the item is adequately
§ 121.215 Cabin interiors. shielded, isolated, or otherwise pro-
tected so that it cannot be damaged by
(a) Except as provided in § 121.312,
movement of cargo in the compart-
each compartment used by the crew or
ment and so that damage to or failure
passengers must meet the require-
of the item would not create a fire haz-
ments of this section.
ard in the compartment.
(b) Materials must be at least flash (2) Cargo or baggage may not inter-
resistant. fere with the functioning of the fire-
(c) The wall and ceiling linings and protective features of the compart-
the covering of upholstering, floors, ment.
and furnishings must be flame resist- (3) Materials used in the construction
ant. of the compartments, including tie-
(d) Each compartment where smok- down equipment, must be at least
ing is to be allowed must be equipped flame resistant.
with self-contained ash trays that are (4) Each compartment must include
completely removable and other com- provisions for safeguarding against
partments must be placarded against fires according to the classifications
smoking. set forth in paragraphs (b) through (f)
(e) Each receptacle for used towels, of this section.
papers, and wastes must be of fire-re- (b) Class A. Cargo and baggage com-
sistant material and must have a cover partments are classified in the ‘‘A’’
or other means of containing possible category if—
fires started in the receptacles. (1) A fire therein would be readily
[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as discernible to a member of the crew
amended by Amdt. 121–84, 37 FR 3974, Feb. 24, while at his station; and
1972] (2) All parts of the compartment are
easily accessible in flight.
§ 121.217 Internal doors. There must be a hand fire extinguisher
In any case where internal doors are available for each Class A compart-
equipped with louvres or other ven- ment.
tilating means, there must be a means (c) Class B. Cargo and baggage com-
spaschal on DSKJM0X7X2PROD with CFR

convenient to the crew for closing the partments are classified in the ‘‘B’’
flow of air through the door when nec- category if enough access is provided
essary. while in flight to enable a member of

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§ 121.223 14 CFR Ch. I (1–1–21 Edition)

the crew to effectively reach all of the compartment occupied by the crew or
compartment and its contents with a passengers.
hand fire extinguisher and the com- (2) Ventilation and drafts must be
partment is so designed that, when the controlled within each compartment so
access provisions are being used, no that any fire likely to occur in the
hazardous amount of smoke, flames, or compartment will not progress beyond
extinguishing agent enters any com- safe limits.
partment occupied by the crew or pas- (3) It must be completely lined with
sengers. Each Class B compartment fire-resistant material.
must comply with the following: (4) Consideration must be given to
(1) It must have a separate approved
the effect of heat within the compart-
smoke or fire detector system to give
ment on adjacent critical parts of the
warning at the pilot or flight engineer
airplane.
station.
(2) There must be a hand fire extin- (f) Class E. On airplanes used for the
guisher available for the compartment. carriage of cargo only, the cabin area
(3) It must be lined with fire-resist- may be classified as a Class ‘‘E’’ com-
ant material, except that additional partment. Each Class E compartment
service lining of flame-resistant mate- must comply with the following:
rial may be used. (1) It must be completely lined with
(d) Class C. Cargo and baggage com- fire-resistant material.
partments are classified in the ‘‘C’’ cat- (2) It must have a separate system of
egory if they do not conform with the an approved type smoke or fire detec-
requirements for the ‘‘A’’, ‘‘B’’, ‘‘D’’, or tor to give warning at the pilot or
‘‘E’’ categories. Each Class C compart- flight engineer station.
ment must comply with the following: (3) It must have a means to shut off
(1) It must have a separate approved the ventilating air flow to or within
smoke or fire detector system to give the compartment and the controls for
warning at the pilot or flight engineer that means must be accessible to the
station. flight crew in the crew compartment.
(2) It must have an approved built-in (4) It must have a means to exclude
fire-extinguishing system controlled hazardous quantities of smoke, flames,
from the pilot or flight engineer sta- or noxious gases from entering the
tion. flight crew compartment.
(3) It must be designed to exclude (5) Required crew emergency exits
hazardous quantities of smoke, flames, must be accessible under all cargo
or extinguishing agents from entering loading conditions.
into any compartment occupied by the
crew or passengers. § 121.223 Proof of compliance with
(4) It must have ventilation and draft § 121.221.
controlled so that the extinguishing
agent provided can control any fire Compliance with those provisions of
that may start in the compartment. § 121.221 that refer to compartment ac-
(5) It must be lined with fire-resist- cessibility, the entry of hazardous
ant material, except that additional quantities of smoke or extinguishing
service lining of flame-resistant mate- agent into compartments occupied by
rial may be used. the crew or passengers, and the dissipa-
(e) Class D. Cargo and baggage com- tion of the extinguishing agent in Class
partments are classified in the ‘‘D’’ ‘‘C’’ compartments must be shown by
category if they are so designed and tests in flight. During these tests it
constructed that a fire occurring there- must be shown that no inadvertent op-
in will be completely confined without eration of smoke or fire detectors in
endangering the safety of the airplane other compartments within the air-
or the occupants. Each Class D com- plane would occur as a result of fire
partment must comply with the fol- contained in any one compartment, ei-
lowing: ther during the time it is being extin-
spaschal on DSKJM0X7X2PROD with CFR

(1) It must have a means to exclude guished, or thereafter, unless the extin-
hazardous quantities of smoke, flames, guishing system floods those compart-
or noxious gases from entering any ments simultaneously.

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Federal Aviation Administration, DOT § 121.243

§ 121.225 Propeller deicing fluid. (d) Flexible hose must be of an ac-


ceptable type or proven suitable for the
If combustible fluid is used for pro-
particular application.
peller deicing, the certificate holder
must comply with § 121.255. § 121.233 Fuel lines and fittings in des-
ignated fire zones.
§ 121.227 Pressure cross-feed arrange-
ments. Fuel lines and fittings in each des-
ignated fire zone must comply with
(a) Pressure cross-feed lines may not
§ 121.259.
pass through parts of the airplane used
for carrying persons or cargo unless— § 121.235 Fuel valves.
(1) There is a means to allow crew-
members to shut off the supply of fuel Each fuel valve must—
(a) Comply with § 121.257;
to these lines; or
(b) Have positive stops or suitable
(2) The lines are enclosed in a fuel
index provisions in the ‘‘on’’ and ‘‘off’’
and fume-proof enclosure that is venti-
positions; and
lated and drained to the exterior of the
(c) Be supported so that loads result-
airplane.
ing from its operation or from acceler-
However, such an enclosure need not be ated flight conditions are not trans-
used if those lines incorporate no fit- mitted to the lines connected to the
tings on or within the personnel or valve.
cargo areas and are suitably routed or
protected to prevent accidental dam- § 121.237 Oil lines and fittings in des-
age. ignated fire zones.
(b) Lines that can be isolated from Oil line and fittings in each des-
the rest of the fuel system by valves at ignated fire zone must comply with
each end must incorporate provisions § 121.259.
for relieving excessive pressures that
may result from exposure of the iso- § 121.239 Oil valves.
lated line to high temperatures. (a) Each oil valve must—
(1) Comply with § 121.257;
§ 121.229 Location of fuel tanks. (2) Have positive stops or suitable
(a) Fuel tanks must be located in ac- index provisions in the ‘‘on’’ and ‘‘off’’
cordance with § 121.255. positions; and
(b) No part of the engine nacelle skin (3) Be supported so that loads result-
that lies immediately behind a major ing from its operation or from acceler-
air outlet from the engine compart- ated flight conditions are not trans-
ment may be used as the wall of an in- mitted to the lines attached to the
tegral tank. valve.
(c) Fuel tanks must be isolated from (b) The closing of an oil shutoff
personnel compartments by means of means must not prevent feathering the
fume- and fuel-proof enclosures. propeller, unless equivalent safety pro-
visions are incorporated.
§ 121.231 Fuel system lines and fit-
tings. § 121.241 Oil system drains.
(a) Fuel lines must be installed and Accessible drains incorporating ei-
supported so as to prevent excessive vi- ther a manual or automatic means for
bration and so as to be adequate to positive locking in the closed position,
withstand loads due to fuel pressure must be provided to allow safe drainage
and accelerated flight conditions. of the entire oil system.
(b) Lines connected to components of
the airplanes between which there may § 121.243 Engine breather lines.
be relative motion must incorporate (a) Engine breather lines must be so
provisions for flexibility. arranged that condensed water vapor
(c) Flexible connections in lines that that may freeze and obstruct the line
may be under pressure and subject to cannot accumulate at any point.
spaschal on DSKJM0X7X2PROD with CFR

axial loading must use flexible hose as- (b) Engine breathers must discharge
semblies rather than hose clamp con- in a location that does not constitute a
nections. fire hazard in case foaming occurs and

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§ 121.245 14 CFR Ch. I (1–1–21 Edition)

so that oil emitted from the line does § 121.253 Powerplant fire protection.
not impinge upon the pilots’ wind-
(a) Designated fire zones must be pro-
shield.
tected from fire by compliance with
(c) Engine breathers may not dis-
§§ 121.255 through 121.261.
charge into the engine air induction
system. (b) Designated fire zones are—
(1) Engine accessory sections;
§ 121.245 Fire walls. (2) Installations where no isolation is
Each engine, auxiliary power unit, provided between the engine and acces-
fuel-burning heater, or other item of sory compartment; and
combustion equipment that is intended (3) Areas that contain auxiliary
for operation in flight must be isolated power units, fuel-burning heaters, and
from the rest of the airplane by means other combustion equipment.
of firewalls or shrouds, or by other
§ 121.255 Flammable fluids.
equivalent means.
(a) No tanks or reservoirs that are a
§ 121.247 Fire-wall construction. part of a system containing flammable
Each fire wall and shroud must— fluids or gases may be located in des-
(a) Be so made that no hazardous ignated fire zones, except where the
quantity of air, fluids, or flame can fluid contained, the design of the sys-
pass from the engine compartment to tem, the materials used in the tank,
other parts of the airplane; the shutoff means, and the connec-
(b) Have all openings in the fire wall tions, lines, and controls provide equiv-
or shroud sealed with close-fitting fire- alent safety.
proof grommets, bushings, or firewall (b) At least one-half inch of clear air-
fittings; space must be provided between any
(c) Be made of fireproof material; and tank or reservoir and a firewall or
(d) Be protected against corrosion. shroud isolating a designated fire zone.

§ 121.249 Cowling. § 121.257 Shutoff means.


(a) Cowling must be made and sup- (a) Each engine must have a means
ported so as to resist the vibration in- for shutting off or otherwise pre-
ertia, and air loads to which it may be venting hazardous amounts of fuel, oil,
normally subjected. deicer, and other flammable fluids
(b) Provisions must be made to allow from flowing into, within, or through
rapid and complete drainage of the any designated fire zone. However,
cowling in normal ground and flight at- means need not be provided to shut off
titudes. Drains must not discharge in flow in lines that are an integral part
locations constituting a fire hazard. of an engine.
Parts of the cowling that are subjected (b) The shutoff means must allow an
to high temperatures because they are emergency operating sequence that is
near exhaust system parts or because compatible with the emergency oper-
of exhaust gas impingement must be ation of other equipment, such as
made of fireproof material. Unless oth- feathering the propeller, to facilitate
erwise specified in these regulations all rapid and effective control of fires.
other parts of the cowling must be (c) Shutoff means must be located
made of material that is at least fire outside of designated fire zones, unless
resistant. equivalent safety is provided, and it
must be shown that no hazardous
§ 121.251 Engine accessory section dia- amount of flammable fluid will drain
phragm. into any designated fire zone after a
Unless equivalent protection can be shut off.
shown by other means, a diaphragm (d) Adequate provisions must be
that complies with § 121.247 must be made to guard against inadvertent op-
provided on air-cooled engines to iso- eration of the shutoff means and to
spaschal on DSKJM0X7X2PROD with CFR

late the engine power section and all make it possible for the crew to reopen
parts of the exhaust system from the the shutoff means after it has been
engine accessory compartment. closed.

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Federal Aviation Administration, DOT § 121.275

§ 121.259 Lines and fittings. must be charged with dry agent and
sealed by the fire-extinguisher manu-
(a) Each line, and its fittings, that is
facturer or some other person using
located in a designated fire zone, if it
satisfactory recharging equipment. If
carries flammable fluids or gases under
carbon dioxide is used, it must not be
pressure, or is attached directly to the
possible to discharge enough gas into
engine, or is subject to relative motion
the personnel compartments to create
between components (except lines and
a danger of suffocating the occupants.
fittings forming an integral part of the
engine), must be flexible and fire-re- § 121.267 Extinguishing agent con-
sistant with fire-resistant, factory- tainer pressure relief.
fixed, detachable, or other approved
Extinguishing agent containers must
fire-resistant ends.
be provided with a pressure relief to
(b) Lines and fittings that are not prevent bursting of the container be-
subject to pressure or to relative mo- cause of excessive internal pressures.
tion between components must be of The discharge line from the relief con-
fire-resistant materials. nection must terminate outside the
§ 121.261 Vent and drain lines. airplane in a place convenient for in-
spection on the ground. An indicator
All vent and drain lines and their fit- must be provided at the discharge end
tings, that are located in a designated of the line to provide a visual indica-
fire zone must, if they carry flammable tion when the container has dis-
fluids or gases, comply with § 121.259, if charged.
the Administrator finds that the rup-
ture or breakage of any vent or drain § 121.269 Extinguishing agent con-
line may result in a fire hazard. tainer compartment temperature.
Precautions must be taken to insure
§ 121.263 Fire-extinguishing systems.
that the extinguishing agent con-
(a) Unless the certificate holder tainers are installed in places where
shows that equivalent protection reasonable temperatures can be main-
against destruction of the airplane in tained for effective use of the extin-
case of fire is provided by the use of guishing system.
fireproof materials in the nacelle and
other components that would be sub- § 121.271 Fire-extinguishing system
jected to flame, fire-extinguishing sys- materials.
tems must be provided to serve all des- (a) Except as provided in paragraph
ignated fire zones. (b) of this section, each component of a
(b) Materials in the fire-extin- fire-extinguishing system that is in a
guishing system must not react chemi- designated fire zone must be made of
cally with the extinguishing agent so fireproof materials.
as to be a hazard. (b) Connections that are subject to
relative motion between components of
§ 121.265 Fire-extinguishing agents. the airplane must be made of flexible
Only methyl bromide, carbon dioxide, materials that are at least fire-resist-
or another agent that has been shown ant and be located so as to minimize
to provide equivalent extinguishing ac- the probability of failure.
tion may be used as a fire-extin-
guishing agent. If methyl bromide or § 121.273 Fire-detector systems.
any other toxic extinguishing agent is Enough quick-acting fire detectors
used, provisions must be made to pre- must be provided in each designated
vent harmful concentrations of fluid or fire zone to assure the detection of any
fluid vapors from entering any per- fire that may occur in that zone.
sonnel compartment either because of
leakage during normal operation of the § 121.275 Fire detectors.
airplane or because of discharging the Fire detectors must be made and in-
fire extinguisher on the ground or in stalled in a manner that assures their
spaschal on DSKJM0X7X2PROD with CFR

flight when there is a defect in the ex- ability to resist, without failure, all vi-
tinguishing system. If a methyl bro- bration, inertia, and other loads to
mide system is used, the containers which they may be normally subjected.

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§ 121.277 14 CFR Ch. I (1–1–21 Edition)

Fire detectors must be unaffected by cate holder may carry cargo in the pas-
exposure to fumes, oil, water, or other senger compartment of an airplane.
fluids that may be present. (b) Cargo may be carried anywhere in
the passenger compartment if it is car-
§ 121.277 Protection of other airplane ried in an approved cargo bin that
components against fire. meets the following requirements:
(a) Except as provided in paragraph (1) The bin must withstand the load
(b) of this section, all airplane surfaces factors and emergency landing condi-
aft of the nacelles in the area of one tions applicable to the passenger seats
nacelle diameter on both sides of the of the airplane in which the bin is in-
nacelle centerline must be made of ma- stalled, multiplied by a factor of 1.15,
terial that is at least fire resistant. using the combined weight of the bin
(b) Paragraph (a) of this section does and the maximum weight of cargo that
not apply to tail surfaces lying behind may be carried in the bin.
nacelles unless the dimensional con- (2) The maximum weight of cargo
figuration of the airplane is such that that the bin is approved to carry and
the tail surfaces could be affected read- any instructions necessary to insure
ily by heat, flames, or sparks ema- proper weight distribution within the
nating from a designated fire zone or bin must be conspicuously marked on
from the engine compartment of any the bin.
nacelle. (3) The bin may not impose any load
on the floor or other structure of the
§ 121.279 Control of engine rotation. airplane that exceeds the load limita-
(a) Except as provided in paragraph tions of that structure.
(b) of this section, each airplane must (4) The bin must be attached to the
have a means of individually stopping seat tracks or to the floor structure of
and restarting the rotation of any en- the airplane, and its attachment must
gine in flight. withstand the load factors and emer-
(b) In the case of turbine engine in- gency landing conditions applicable to
stallations, a means of stopping the ro- the passenger seats of the airplane in
tation need be provided only if the Ad- which the bin is installed, multiplied
ministrator finds that rotation could by either the factor 1.15 or the seat at-
jeopardize the safety of the airplane. tachment factor specified for the air-
plane, whichever is greater, using the
§ 121.281 Fuel system independence. combined weight of the bin and the
(a) Each airplane fuel system must be maximum weight of cargo that may be
arranged so that the failure of any one carried in the bin.
component does not result in the irre- (5) The bin may not be installed in a
coverable loss of power of more than position that restricts access to or use
one engine. of any required emergency exit, or of
(b) A separate fuel tank need not be the aisle in the passenger compart-
provided for each engine if the certifi- ment.
cate holder shows that the fuel system (6) The bin must be fully enclosed
incorporates features that provide and made of material that is at least
equivalent safety. flame resistant.
(7) Suitable safeguards must be pro-
§ 121.283 Induction system ice preven- vided within the bin to prevent the
tion. cargo from shifting under emergency
A means for preventing the malfunc- landing conditions.
tioning of each engine due to ice accu- (8) The bin may not be installed in a
mulation in the engine air induction position that obscures any passenger’s
system must be provided for each air- view of the ‘‘seat belt’’ sign ‘‘no smok-
plane. ing’’ sign, or any required exit sign, un-
less an auxiliary sign or other approved
§ 121.285 Carriage of cargo in pas- means for proper notification of the
spaschal on DSKJM0X7X2PROD with CFR

senger compartments. passenger is provided.


(a) Except as provided in paragraph (c) Cargo may be carried aft of a
(b), (c), or (d) or this section, no certifi- bulkhead or divider in any passenger

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Federal Aviation Administration, DOT § 121.289

compartment provided the cargo is re- iary sign or other approved means for
strained to the load factors in proper notification of the passengers is
§ 25.561(b)(3) and is loaded as follows: provided.
(1) It is properly secured by a safety (5) It is not carried directly above
belt or other tiedown having enough seated occupants.
strength to eliminate the possibility of (6) It is stowed in compliance with
shifting under all normally anticipated this section for takeoff and landing.
flight and ground conditions. (7) For cargo-only operations, para-
(2) It is packaged or covered in a graph (d)(4) of this section does not
manner to avoid possible injury to pas- apply if the cargo is loaded so that at
sengers and passenger compartment oc- least one emergency or regular exit is
cupants. available to provide all occupants of
(3) It does not impose any load on the airplane a means of unobstructed
seats or the floor structure that ex- exit from the airplane if an emergency
ceeds the load limitation for those occurs.
components.
(4) Its location does not restrict ac- [Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as
cess to or use of any required emer- amended by Amdt. 121–179, 47 FR 33390, Aug.
2, 1982; Amdt. 121–251, 60 FR 65928, Dec. 20,
gency or regular exit, or of the aisle in 1995]
the passenger compartment.
(5) Its location does not obscure any § 121.287 Carriage of cargo in cargo
passenger’s view of the ‘‘seat belt’’ compartments.
sign, ‘‘no smoking’’ sign, or required
exit sign, unless an auxiliary sign or When cargo is carried in cargo com-
other approved means for proper notifi- partments that are designed to require
cation of the passenger is provided. the physical entry of a crewmember to
(d) Cargo, including carry-on bag- extinguish any fire that may occur
gage, may be carried anywhere in the during flight, the cargo must be loaded
passenger compartment of a non- so as to allow a crewmember to effec-
transport category airplane type cer- tively reach all parts of the compart-
tificated after December 31, 1964, if it is ment with the contents of a hand fire
carried in an approved cargo rack, bin, extinguisher.
or compartment installed in or on the § 121.289 Landing gear: Aural warning
airplane, if it is secured by an approved device.
means, or if it is carried in accordance
with each of the following: (a) Except for airplanes that comply
(1) For cargo, it is properly secured with the requirements of § 25.729 of this
by a safety belt or other tie-down hav- chapter on or after January 6, 1992,
ing enough strength to eliminate the each airplane must have a landing gear
possibility of shifting under all nor- aural warning device that functions
mally anticipated flight and ground continuously under the following con-
conditions, or for carry-on baggage, it ditions:
is restrained so as to prevent its move- (1) For airplanes with an established
ment during air turbulence. approach wing-flap position, whenever
(2) It is packaged or covered to avoid the wing flaps are extended beyond the
possible injury to occupants. maximum certificated approach climb
(3) It does not impose any load on configuration position in the Airplane
seats or in the floor structure that ex- Flight Manual and the landing gear is
ceeds the load limitation for those not fully extended and locked.
components. (2) For airplanes without an estab-
(4) It is not located in a position that lished approach climb wing-flap posi-
obstructs the access to, or use of, any tion, whenever the wing flaps are ex-
required emergency or regular exit, or tended beyond the position at which
the use of the aisle between the crew landing gear extension is normally per-
and the passenger compartment, or is formed and the landing gear is not
located in a position that obscures any fully extended and locked.
spaschal on DSKJM0X7X2PROD with CFR

passenger’s view of the ‘‘seat belt’’ (b) The warning system required by
sign, ‘‘no smoking’’ sign or placard, or paragraph (a) of this section—
any required exit sign, unless an auxil- (1) May not have a manual shutoff;

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§ 121.291 14 CFR Ch. I (1–1–21 Edition)

(2) Must be in addition to the throt- (3) Changing the number, location,
tle-actuated device installed under the type of emergency exits, or type of
type certification airworthiness re- opening mechanism on emergency
quirements; and exits available for evacuation.
(3) May utilize any part of the throt- (c) In conducting the partial dem-
tle-actuated system including the onstration required by paragraph (b) of
aural warning device. this section, each certificate holder
(c) The flap position sensing unit must:
may be installed at any suitable place (1) Demonstrate the effectiveness of
in the airplane. its crewmember emergency training
and evacuation procedures by con-
[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as
amended by Amdt. 121–3, 30 FR 3638, Mar. 19,
ducting a demonstration, not requiring
1965; Amdt. 121–130, 41 FR 47229, Oct. 28, 1976; passengers and observed by the Admin-
Amdt. 121–227, 56 FR 63762, Dec. 5, 1991; Amdt. istrator, in which the flight attendants
121–251, 60 FR 65929, Dec. 20, 1995] for that type and model of airplane,
using that operator’s line operating
§ 121.291 Demonstration of emergency procedures, open 50 percent of the re-
evacuation procedures. quired floor-level emergency exits and
(a) Except as provided in paragraph 50 percent of the required non-floor-
(a)(1) of this section, each certificate level emergency exits whose opening
holder must conduct an actual dem- by a flight attendant is defined as an
onstration of emergency evacuation emergency evacuation duty under
procedures in accordance with para- § 121.397, and deploy 50 percent of the
graph (a) of appendix D to this part to exit slides. The exits and slides will be
show that each type and model of air- selected by the administrator and must
plane with a seating capacity of more be ready for use within 15 seconds;
than 44 passengers to be used in its pas- (2) Apply for and obtain approval
senger-carrying operations allows the from the responsible Flight Standards
evacuation of the full capacity, includ- office before conducting the dem-
ing crewmembers, in 90 seconds or less. onstration;
(1) An actual demonstration need not (3) Use flight attendants in this dem-
be conducted if that airplane type and onstration who have been selected at
model has been shown to be in compli- random by the Administrator, have
ance with this paragraph in effect on or completed the certificate holder’s
after October 24, 1967, or, if during type FAA-approved training program for the
certification, with § 25.803 of this chap- type and model of airplane, and have
ter in effect on or after December 1, passed a written or practical examina-
1978. tion on the emergency equipment and
(2) Any actual demonstration con- procedures; and
ducted after September 27, 1993, must (4) Apply for and obtain approval
be in accordance with paragraph (a) of from the responsible Flight Standards
appendix D to this part in effect on or office before commencing operations
after that date or with § 25.803 in effect with this type and model airplane.
on or after that date. (d) Each certificate holder operating
(b) Each certificate holder con- or proposing to operate one or more
ducting operations with airplanes with landplanes in extended overwater oper-
a seating capacity of more than 44 pas- ations, or otherwise required to have
sengers must conduct a partial dem- certain equipment under § 121.339, must
onstration of emergency evacuation show, by simulated ditching conducted
procedures in accordance with para- in accordance with paragraph (b) of ap-
graph (c) of this section upon: pendix D to this part, that it has the
(1) Initial introduction of a type and ability to efficiently carry out its
model of airplane into passenger-car- ditching procedures. For certificate
rying operation; holders subject to § 121.2(a)(1), this
(2) Changing the number, location, or paragraph applies only when a new
spaschal on DSKJM0X7X2PROD with CFR

emergency evacuation duties or proce- type or model airplane is introduced


dures of flight attendants who are re- into the certificate holder’s operations
quired by § 121.391; or after January 19, 1996.

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Federal Aviation Administration, DOT § 121.305

(e) For a type and model airplane for § 121.301 Applicability.


which the simulated ditching specified
This subpart prescribes instrument
in paragraph (d) has been conducted by and equipment requirements for all
a part 121 certificate holder, the re- certificate holders.
quirements of paragraphs (b)(2), (b)(4),
and (b)(5) of appendix D to this part are § 121.303 Airplane instruments and
complied with if each life raft is re- equipment.
moved from stowage, one life raft is (a) Unless otherwise specified, the in-
launched and inflated (or one slide life strument and equipment requirements
raft is inflated) and crewmembers as- of this subpart apply to all operations
signed to the inflated life raft display under this part.
and describe the use of each item of re- (b) Instruments and equipment re-
quired emergency equipment. The life quired by §§ 121.305 through 121.359 and
raft or slide life raft to be inflated will 121.803 must be approved and installed
be selected by the Administrator. in accordance with the airworthiness
[Doc. No. 21269, 46 FR 61453, Dec. 17, 1981, as
requirements applicable to them.
amended by Amdt. 121–233, 58 FR 45230, Aug. (c) Each airspeed indicator must be
26, 1993; Amdt. 121–251, 60 FR 65929, Dec. 20, calibrated in knots, and each airspeed
1995; Amdt. 121–307, 69 FR 67499, Nov. 17, 2004; limitation and item of related informa-
Docket FAA–2018–0119, Amdt. 121–380, 83 FR tion in the Airplane Flight Manual and
9172, Mar. 5, 2018] pertinent placards must be expressed in
knots.
§ 121.293 Special airworthiness re- (d) Except as provided in §§ 121.627(b)
quirements for nontransport cat- and 121.628, no person may take off any
egory airplanes type certificated airplane unless the following instru-
after December 31, 1964. ments and equipment are in operable
No certificate holder may operate a condition:
nontransport category airplane manu- (1) Instruments and equipment re-
factured after December 20, 1999 unless quired to comply with airworthiness
the airplane contains a takeoff warning requirements under which the airplane
system that meets the requirements of is type certificated and as required by
14 CFR 25.703. However, the takeoff §§ 121.213 through 121.283 and 121.289.
warning system does not have to cover (2) Instruments and equipment speci-
any device for which it has been dem- fied in §§ 121.305 through 121.321, 121.359,
onstrated that takeoff with that device 121.360, and 121.803 for all operations,
in the most adverse position would not and the instruments and equipment
create a hazardous condition. specified in §§ 121.323 through 121.351 for
the kind of operation indicated, wher-
[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995] ever these items are not already re-
quired by paragraph (d)(1) of this sec-
§ 121.295 Location for a suspect device. tion.
After November 28, 2009, all airplanes [Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as
with a maximum certificated passenger amended by Amdt. 121–44, 33 FR 14406, Sept.
seating capacity of more than 60 per- 25, 1968; Amdt. 121–65, 35 FR 12709, Aug. 11,
sons must have a location where a sus- 1970; Amdt. 121–114, 39 FR 44440, Dec. 24, 1974;
pected explosive or incendiary device Amdt. 121–126, 40 FR 55314, Nov. 28, 1975;
found in flight can be placed to mini- Amdt. 121–222, 56 FR 12310, Mar. 22, 1991;
Amdt. 121–253, 61 FR 2611, Jan. 26, 1996; Amdt.
mize the risk to the airplane. 121–281, 66 FR 19043, Apr. 12, 2001]
[Doc. No. FAA–2006–26722, 73 FR 63880, Oct.
28, 2008] § 121.305 Flight and navigational
equipment.
Subpart K—Instrument and No person may operate an airplane
unless it is equipped with the following
Equipment Requirements flight and navigational instruments
spaschal on DSKJM0X7X2PROD with CFR

and equipment:
SOURCE: Docket No. 6258, 29 FR 19205, Dec. (a) An airspeed indicating system
31, 1964, unless otherwise noted. with heated pitot tube or equivalent

103

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§ 121.306 14 CFR Ch. I (1–1–21 Edition)

means for preventing malfunctioning (2) Continues reliable operation for a


due to icing. minimum of 30 minutes after total fail-
(b) A sensitive altimeter. ure of the electrical generating system;
(c) A sweep-second hand clock (or ap- (3) Operates independently of any
proved equivalent). other attitude indicating system;
(d) A free-air temperature indicator. (4) Is operative without selection
(e) A gyroscopic bank and pitch indi- after total failure of the electrical gen-
cator (artificial horizon). erating system;
(5) Is located on the instrument panel
(f) A gyroscopic rate-of-turn indi-
in a position acceptable to the Admin-
cator combined with an integral slip- istrator that will make it plainly visi-
skid indicator (turn-and-bank indi- ble to and usable by each pilot at his or
cator) except that only a slip-skid indi- her station; and
cator is required when a third attitude (6) Is appropriately lighted during all
instrument system usable through phases of operation.
flight attitudes of 360° of pitch and roll
is installed in accordance with para- [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
amended by Amdt. 121–57, 35 FR 304, Jan. 8,
graph (k) of this section.
1970; Amdt. 121–60, 35 FR 7108, May 6, 1970;
(g) A gyroscopic direction indicator Amdt. 121–81, 36 FR 23050, Dec. 3, 1971; Amdt.
(directional gyro or equivalent). 121–130, 41 FR 47229, Oct. 28, 1976; Amdt. 121–
(h) A magnetic compass. 230, 58 FR 12158, Mar. 3, 1993; Amdt. 121–251, 60
(i) A vertical speed indicator (rate-of- FR 65929, Dec. 20, 1995; Amdt. 121–262, 62 FR
climb indicator). 13256, Mar. 19, 1997]
(j) On the airplane described in this § 121.306 Portable electronic devices.
paragraph, in addition to two gyro-
scopic bank and pitch indicators (arti- (a) Except as provided in paragraph
(b) of this section, no person may oper-
ficial horizons) for use at the pilot sta-
ate, nor may any operator or pilot in
tions, a third such instrument is in-
command of an aircraft allow the oper-
stalled in accordance with paragraph
ation of, any portable electronic device
(k) of this section:
on any U.S.-registered civil aircraft op-
(1) On each turbojet powered air- erating under this part.
plane. (b) Paragraph (a) of this section does
(2) On each turbopropeller powered not apply to—
airplane having a passenger-seat con- (1) Portable voice recorders;
figuration of more than 30 seats, ex- (2) Hearing aids;
cluding each crewmember seat, or a (3) Heart pacemakers;
payload capacity of more than 7,500 (4) Electric shavers;
pounds. (5) Portable oxygen concentrators
(3) On each turbopropeller powered that comply with the requirements in
airplane having a passenger-seat con- § 121.574; or
figuration of 30 seats or fewer, exclud- (6) Any other portable electronic de-
ing each crewmember seat, and a pay- vice that the part 119 certificate holder
load capacity of 7,500 pounds or less has determined will not cause inter-
that is manufactured on or after March ference with the navigation or commu-
20, 1997. nication system of the aircraft on
(4) After December 20, 2010, on each which it is to be used.
turbopropeller powered airplane having (c) The determination required by
a passenger seat configuration of 10–30 paragraph (b)(6) of this section shall be
seats and a payload capacity of 7,500 made by that part 119 certificate holder
pounds or less that was manufactured operating the particular device to be
before March 20, 1997. used.
(k) When required by paragraph (j) of [Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
this section, a third gyroscopic bank- 1999, as amended by Docket FAA–2014–0554,
and-pitch indicator (artificial horizon) Amdt. 121–374, 81 FR 33118, May 24, 2016]
that:
spaschal on DSKJM0X7X2PROD with CFR

(1) Is powered from a source inde- § 121.307 Engine instruments.


pendent of the electrical generating Unless the Administrator allows or
system; requires different instrumentation for

104

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Federal Aviation Administration, DOT § 121.309

turbine engine powered airplanes to tioning of flight attendants throughout


provide equivalent safety, no person the passenger compartment during var-
may conduct any operation under this ious phases of flight.
part without the following engine in- (b) Except as provided in paragraph
struments: (c) of this section, no person may oper-
(a) A carburetor air temperature in- ate a passenger-carrying airplane un-
dicator for each engine. less each lavatory in the airplane is
(b) A cylinder head temperature indi- equipped with a built-in fire extin-
cator for each air-cooled engine. guisher for each disposal receptacle for
(c) A fuel pressure indicator for each towels, paper, or waste located within
engine. the lavatory. The built-in fire extin-
(d) A fuel flowmeter or fuel mixture guisher must be designed to discharge
indicator for each engine not equipped automatically into each disposal recep-
with an automatic altitude mixture tacle upon occurrence of a fire in the
control. receptacle.
(e) A means for indicating fuel quan- (c) Until December 22, 1997, a certifi-
tity in each fuel tank to be used. cate holder described in § 121.2(a) (1) or
(f) A manifold pressure indicator for (2) may operate an airplane with a pas-
each engine. senger seat configuration of 30 or fewer
(g) An oil pressure indicator for each seats that does not comply with the
engine. smoke detector system requirements
(h) An oil quantity indicator for each described in paragraph (a) of this sec-
oil tank when a transfer or separate oil tion and the fire extinguisher require-
reserve supply is used. ments described in paragraph (b) of
(i) An oil-in temperature indicator this section.
for each engine. (d) After December 22, 1997, no person
(j) A tachometer for each engine. may operate a nontransport category
(k) An independent fuel pressure airplane type certificated after Decem-
warning device for each engine or a ber 31, 1964, with a passenger seat con-
master warning device for all engines figuration of 10–19 seats unless that
with a means for isolating the indi- airplane complies with the smoke de-
vidual warning circuits from the mas- tector system requirements described
ter warning device. in paragraph (a) of this section, except
(l) A device for each reversible pro- that the smoke detector system or
peller, to indicate to the pilot when the equivalent must provide a warning
propeller is in reverse pitch, that com- light in the cockpit or an audio warn-
plies with the following: ing that would be readily detected by
(1) The device may be actuated at the flightcrew.
any point in the reversing cycle be- [Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]
tween the normal low pitch stop posi-
tion and full reverse pitch, but it may § 121.309 Emergency equipment.
not give an indication at or above the (a) General: No person may operate
normal low pitch stop position. an airplane unless it is equipped with
(2) The source of indication must be the emergency equipment listed in this
actuated by the propeller blade angle section and in § 121.310.
or be directly responsive to it. (b) Each item of emergency and flo-
tation equipment listed in this section
§ 121.308 Lavatory fire protection. and in §§ 121.310, 121.339, and 121.340—
(a) Except as provided in paragraphs (1) Must be inspected regularly in ac-
(c) and (d) of this section, no person cordance with inspection periods estab-
may operate a passenger-carrying air- lished in the operations specifications
plane unless each lavatory in the air- to ensure its condition for continued
plane is equipped with a smoke detec- serviceability and immediate readiness
tor system or equivalent that provides to perform its intended emergency pur-
a warning light in the cockpit or pro- poses;
vides a warning light or audio warning (2) Must be readily accessible to the
spaschal on DSKJM0X7X2PROD with CFR

in the passenger cabin which would be crew and, with regard to equipment lo-
readily detected by a flight attendant, cated in the passenger compartment,
taking into consideration the posi- to passengers;

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§ 121.309 14 CFR Ch. I (1–1–21 Edition)

(3) Must be clearly identified and MINIMUM NUMBER OF HAND FIRE


clearly marked to indicate its method EXTINGUISHERS
of operation; and Passenger seating accommodations:
(4) When carried in a compartment or 61 through 200 ................................. 3
container, must be carried in a com- 201 through 300 ............................... 4
partment or container marked as to 301 through 400 ............................... 5
contents and the compartment or con- 401 through 500 ............................... 6
tainer, or the item itself, must be 501 through 600 ............................... 7
601 or more ..................................... 8
marked as to date of last inspection.
(c) Hand fire extinguishers for crew, (6) Notwithstanding the requirement
passenger, cargo, and galley compart- for uniform distribution of hand fire
ments. Hand fire extinguishers of an ap- extinguishers as prescribed in para-
proved type must be provided for use in graph (c)(5) of this section, for those
crew, passenger, cargo, and galley com- cases where a galley is located in a pas-
partments in accordance with the fol- senger compartment, at least one hand
lowing: fire extinguisher must be conveniently
(1) The type and quantity of extin- located and easily accessible for use in
guishing agent must be suitable for the the galley.
kinds of fires likely to occur in the (7) At least two of the required hand
compartment where the extinguisher is fire extinguisher installed in pas-
intended to be used and, for passenger senger-carrying airplanes must contain
compartments, must be designed to Halon 1211
minimize the hazard of toxic gas con- (bromochlorofluoromethane) or equiva-
centrations. lent as the extinguishing agent. At
(2) Cargo compartments. At least one least one hand fire extinguisher in the
hand fire extinguisher must be conven- passenger compartment must contain
iently located for use in each class E Halon 1211 or equivalent.
cargo compartment that is accessible (d) [Reserved]
to crewmembers during flight. (e) Crash ax. Except for nontransport
(3) Galley compartments. At least one category airplanes type certificated
hand fire extinguisher must be conven- after December 31, 1964, each airplane
iently located for use in each galley lo- must be equipped with a crash ax.
cated in a compartment other than a (f) Megaphones. Each passenger-car-
passenger, cargo, or crew compart- rying airplane must have a portable
ment. battery-powered megaphone or mega-
(4) Flightcrew compartment. At least phones readily accessible to the crew-
one hand fire extinguisher must be con- members assigned to direct emergency
veniently located on the flight deck for evacuation, installed as follows:
use by the flightcrew. (1) One megaphone on each airplane
(5) Passenger compartments. Hand fire with a seating capacity of more than 60
extinguishers for use in passenger com- and less than 100 passengers, at the
partments must be conveniently lo- most rearward location in the pas-
cated and, when two or more are re- senger cabin where it would be readily
quired, uniformly distributed through- accessible to a normal flight attendant
out each compartment. Hand fire ex- seat. However, the Administrator may
tinguishers shall be provided in pas- grant a deviation from the require-
senger compartments as follows: ments of this subparagraph if he finds
(i) For airplanes having passenger that a different location would be more
seats accommodating more than 6 but useful for evacuation of persons during
fewer than 31 passengers, at least one. an emergency.
(ii) For airplanes having passenger (2) Two megaphones in the passenger
seats accommodating more than 30 but cabin on each airplane with a seating
fewer than 61 passengers, at least two. capacity of more than 99 passengers,
one installed at the forward end and
(iii) For airplanes having passenger
the other at the most rearward loca-
seats accommodating more than 60 pas-
spaschal on DSKJM0X7X2PROD with CFR

tion where it would be readily acces-


sengers, there must be at least the fol-
sible to a normal flight attendant seat.
lowing number of hand fire extin-
guishers: [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]

106

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Federal Aviation Administration, DOT § 121.310
EDITORIAL NOTE: For FEDERAL REGISTER ci- at another ceiling location if it is more
tations affecting § 121.309, see the List of CFR practical because of low headroom;
Sections Affected, which appears in the (ii) Next to each floor level passenger
Finding Aids section of the printed volume
emergency exit, except that one sign
and at www.govinfo.gov.
may serve two such exits if they both
§ 121.310 Additional emergency equip- can be seen readily from that sign; and
ment. (iii) On each bulkhead or divider that
prevents fore and aft vision along the
(a) Means for emergency evacuation. passenger cabin, to indicate emergency
Each passenger-carrying landplane exits beyond and obscured by it, except
emergency exit (other than over-the- that if this is not possible the sign may
wing) that is more than 6 feet from the be placed at another appropriate loca-
ground with the airplane on the ground tion.
and the landing gear extended, must (2) Each passenger emergency exit
have an approved means to assist the marking and each locating sign must
occupants in descending to the ground. meet the following:
The assisting means for a floor-level (i) Except as provided in paragraph
emergency exit must meet the require- (b)(2)(iii) of this section, for an air-
ments of § 25.809(f)(1) of this chapter in plane for which the application for the
effect on April 30, 1972, except that, for type certificate was filed prior to May
any airplane for which the application 1, 1972, each passenger emergency exit
for the type certificate was filed after marking and each locating sign must
that date, it must meet the require- be manufactured to meet the require-
ments under which the airplane was ments of § 25.812(b) of this chapter in ef-
type certificated. An assisting means fect on April 30, 1972. On these air-
that deploys automatically must be planes, no sign may continue to be
armed during taxiing, takeoffs, and used if its luminescence (brightness)
landings. However, if the Adminis- decreases to below 100 microlamberts.
trator finds that the design of the exit The colors may be reversed if it in-
makes compliance impractical, he may creases the emergency illumination of
grant a deviation from the requirement the passenger compartment. However,
of automatic deployment if the assist- the Administrator may authorize devi-
ing means automatically erects upon ation from the 2-inch background re-
deployment and, with respect to re- quirements if he finds that special cir-
quired emergency exits, if an emer- cumstances exist that make compli-
gency evacuation demonstration is ance impractical and that the proposed
conducted in accordance with deviation provides an equivalent level
§ 121.291(a). This paragraph does not of safety.
apply to the rear window emergency (ii) For a transport category airplane
exit of DC–3 airplanes operated with for which the application for the type
less than 36 occupants, including crew- certificate was filed on or after May 1,
members and less than five exits au- 1972, each passenger emergency exit
thorized for passenger use. marking and each locating sign must
(b) Interior emergency exit marking. be manufactured to meet the interior
The following must be complied with emergency exit marking requirements
for each passenger-carrying airplane: under which the airplane was type cer-
(1) Each passenger emergency exit, tificated. On these airplanes, no sign
its means of access, and its means of may continue to be used if its lumines-
opening must be conspicuously cence (brightness) decreases to below
marked. The identity and location of 250 microlamberts.
each passenger emergency exit must be (iii) For a nontransport category tur-
recognizable from a distance equal to bopropeller powered airplane type cer-
the width of the cabin. The location of tificated after December 31, 1964, each
each passenger emergency exit must be passenger emergency exit marking and
indicated by a sign visible to occupants each locating sign must be manufac-
approaching along the main passenger tured to have white letters 1 inch high
spaschal on DSKJM0X7X2PROD with CFR

aisle. There must be a locating sign— on a red background 2 inches high, be


(i) Above the aisle near each over- self-illuminated or independently, in-
the-wing passenger emergency exit, or ternally electrically illuminated, and

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§ 121.310 14 CFR Ch. I (1–1–21 Edition)

have a minimum brightness of at least (ii) Have a means to prevent inad-


160 microlamberts. The color may be vertent operation of the manual con-
reversed if the passenger compartment trols; and
illumination is essentially the same. (iii) When armed or turned on at ei-
On these airplanes, no sign may con- ther station, remain lighted or become
tinue to be used if its luminescence lighted upon interruption of the air-
(brightness) decreases to below 100 plane’s normal electric power.
microlamberts. (2) Each light must be armed or
(c) Lighting for interior emergency exit turned on during taxiing, takeoff, and
markings. Except for nontransport cat- landing. In showing compliance with
egory airplanes type certificated after this paragraph a transverse vertical
December 31, 1964, each passenger-car- separation of the fuselage need not be
rying airplane must have an emergency considered.
lighting system, independent of the (3) Each light must provide the re-
main lighting system. However, quired level of illumination for at least
sources of general cabin illumination 10 minutes at the critical ambient con-
may be common to both the emergency ditions after emergency landing.
and the main lighting systems if the (4) Each light must have a cockpit
power supply to the emergency light- control device that has an ‘‘on,’’ ‘‘off,’’
ing system is independent of the power and ‘‘armed’’ position.
supply to the main lighting system. (e) Emergency exit operating handles.
The emergency lighting system (1) For a passenger-carrying airplane
must— for which the application for the type
(1) Illuminate each passenger exit certificate was filed prior to May 1,
marking and locating sign; 1972, the location of each passenger
(2) Provide enough general lighting emergency exit operating handle, and
in the passenger cabin so that the aver- instructions for opening the exit, must
age illumination when measured at 40- be shown by a marking on or near the
inch intervals at seat armrest height, exit that is readable from a distance of
on the centerline of the main passenger 30 inches. In addition, for each Type I
aisle, is at least 0.05 foot-candles; and and Type II emergency exit with a
(3) For airplanes type certificated locking mechanism released by rotary
after January 1, 1958, after November motion of the handle, the instructions
26, 1986, include floor proximity emer- for opening must be shown by—
gency escape path marking which (i) A red arrow with a shaft at least
meets the requirements of § 25.812(e) of three-fourths inch wide and a head
this chapter in effect on November 26, twice the width of the shaft, extending
1984. along at least 70° of arc at a radius ap-
(d) Emergency light operation. Except proximately equal to three-fourths of
for lights forming part of emergency the handle length; and
lighting subsystems provided in com- (ii) The word ‘‘open’’ in red letters 1
pliance with § 25.812(h) of this chapter inch high placed horizontally near the
(as prescribed in paragraph (h) of this head of the arrow.
section) that serve no more than one (2) For a passenger-carrying airplane
assist means, are independent of the for which the application for the type
airplane’s main emergency lighting certificate was filed on or after May 1,
systems, and are automatically acti- 1972, the location of each passenger
vated when the assist means is de- emergency exit operating handle and
ployed, each light required by para- instructions for opening the exit must
graphs (c) and (h) of this section must be shown in accordance with the re-
comply with the following: quirements under which the airplane
(1) Each light must— was type certificated. On these air-
(i) Be operable manually both from planes, no operating handle or oper-
the flightcrew station and, for air- ating handle cover may continue to be
planes on which a flight attendant is used if its luminescence (brightness)
spaschal on DSKJM0X7X2PROD with CFR

required, from a point in the passenger decreases to below 100 microlamberts.


compartment that is readily accessible (f) Emergency exit access. Access to
to a normal flight attendant seat; emergency exits must be provided as

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Federal Aviation Administration, DOT § 121.310

follows for each passenger-carrying determined that special circumstances


transport category airplane: make compliance impractical. Such
(1) Each passage way between indi- special circumstances include, but are
vidual passenger areas, or leading to a not limited to, the following conditions
Type I or Type II emergency exit, must when they preclude achieving compli-
be unobstructed and at least 20 inches ance with § 25.813(c)(1)(i) or (ii) without
wide. a reduction in the total number of pas-
(2) For each Type I or Type II emer- senger seats: emergency exits located
gency exit equipped with an assist in close proximity to each other; fixed
means, there must be enough space installations such as lavatories, gal-
next to the exit to allow a crewmember leys, etc.; permanently mounted bulk-
to assist in the evacuation of pas- heads; an insufficient number of rows
sengers without reducing the unob- ahead of or behind the exit to enable
structed width of the passageway below compliance without a reduction in the
that required in paragraph (f)(1) of this seat row pitch of more than one inch;
section. In addition, all airplanes man- or an insufficient number of such rows
ufactured on or after November 26, 2008 to enable compliance without a reduc-
must comply with the provisions of tion in the seat row pitch to less than
§§ 25.813(b)(1), (b)(2), (b)(3) and (b)(4) in 30 inches. A request for such grant of
effect on November 26, 2004. However, a deviation must include credible rea-
deviation from this requirement may sons as to why literal compliance with
be authorized for an airplane certifi- § 25.813(c)(1)(i) or (ii) is impractical and
cated under the provisions of part 4b of a description of the steps taken to
the Civil Air Regulations in effect be- achieve a level of safety as close to
fore December 20, 1951, if the Adminis- that intended by § 25.813(c)(1)(i) or (ii)
trator finds that special circumstances as is practical.
exist that provide an equivalent level (v) The Director of the division of the
of safety. Aircraft Certification Service respon-
(3) There must be access from the sible for the airworthiness rules may
main aisle to each Type III and Type
also authorize a compliance date later
IV exit. The access from the aisle to
than December 3, 1992, if it is deter-
these exits must not be obstructed by
mined that special circumstances
seats, berths, or other protrusions in a
make compliance by that date imprac-
manner that would reduce the effec-
tical. A request for such grant of devi-
tiveness of the exit. In addition—
ation must outline the airplanes for
(i) For an airplane for which the ap-
which compliance will be achieved by
plication for the type certificate was
December 3, 1992, and include a pro-
filed prior to May 1, 1972, the access
posed schedule for incremental compli-
must meet the requirements of
§ 25.813(c) of this chapter in effect on ance of the remaining airplanes in the
April 30, 1972; and operator’s fleet. In addition, the re-
(ii) For an airplane for which the ap- quest must include credible reasons
plication for the type certificate was why compliance cannot be achieved
filed on or after May 1, 1972, the access earlier.
must meet the emergency exit access (4) If it is necessary to pass through
requirements under which the airplane a passageway between passenger com-
was type certificated; except that, partments to reach any required emer-
(iii) After December 3, 1992, the ac- gency exit from any seat in the pas-
cess for an airplane type certificated senger cabin, the passageway must not
after January 1, 1958, must meet the re- be obstructed. However, curtains may
quirements of § 25.813(c) of this chapter, be used if they allow free entry
effective June 3, 1992. through the passageway.
(iv) Contrary provisions of this sec- (5) No door may be installed in any
tion notwithstanding, the Director of partition between passenger compart-
the division of the Aircraft Certifi- ments.
cation Service responsible for the air- (6) No person may operate an air-
spaschal on DSKJM0X7X2PROD with CFR

worthiness rules may authorize devi- plane manufactured after November 27,
ation from the requirements of para- 2006, that incorporates a door installed
graph (f)(3)(iii) of this section if it is between any passenger seat occupiable

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§ 121.310 14 CFR Ch. I (1–1–21 Edition)

for takeoff and landing and any pas- exterior lighting that meets the fol-
senger emergency exit, such that the lowing requirements:
door crosses any egress path (including (i) For an airplane for which the ap-
aisles, crossaisles and passageways). plication for the type certificate was
(7) If it is necessary to pass through filed prior to May 1, 1972, the require-
a doorway separating the passenger ments of § 25.812 (f) and (g) of this chap-
cabin from other areas to reach re- ter in effect on April 30, 1972.
quired emergency exit from any pas- (ii) For an airplane for which the ap-
senger seat, the door must have a plication for the type certificate was
means to latch it in open position, and filed on or after May 1, 1972, the exte-
the door must be latched open during rior emergency lighting requirements
each takeoff and landing. The latching under which the airplane was type cer-
means must be able to withstand the tificated.
loads imposed upon it when the door is (2) Each passenger-carrying airplane
subjected to the ultimate inertia must be equipped with a slip-resistant
forces, relative to the surrounding escape route that meets the following
structure, listed in § 25.561(b) of this requirements:
chapter. (i) For an airplane for which the ap-
(g) Exterior exit markings. Each pas- plication for the type certificate was
senger emergency exit and the means filed prior to May 1, 1972, the require-
of opening that exit from the outside ments of § 25.803(e) of this chapter in ef-
must be marked on the outside of the fect on April 30, 1972.
airplane. There must be a 2-inch col- (ii) For an airplane for which the ap-
ored band outlining each passenger plication for the type certificate was
emergency exit on the side of the fuse- filed on or after May 1, 1972, the slip-re-
lage. Each outside marking, including sistant escape route requirements
the band, must be readily distinguish- under which the airplane was type cer-
able from the surrounding fuselage tificated.
area by contrast in color. The mark- (i) Floor level exits. Each floor level
ings must comply with the following: door or exit in the side of the fuselage
(1) If the reflectance of the darker (other than those leading into a cargo
color is 15 percent or less, the reflec- or baggage compartment that is not
tance of the lighter color must be at accessible from the passenger cabin)
least 45 percent. that is 44 or more inches high and 20 or
(2) If the reflectance of the darker more inches wide, but not wider than
color is greater than 15 percent, at 46 inches, each passenger ventral exit
least a 30 percent difference between (except the ventral exits on M–404 and
its reflectance and the reflectance of CV–240 airplanes), and each tail cone
the lighter color must be provided. exit, must meet the requirements of
(3) Exits that are not in the side of this section for floor level emergency
the fuselage must have the external exits. However, the Administrator may
means of opening and applicable in- grant a deviation from this paragraph
structions marked conspicuously in red if he finds that circumstances make
or, if red is inconspicuous against the full compliance impractical and that
background color, in bright chrome an acceptable level of safety has been
yellow and, when the opening means achieved.
for such an exit is located on only one (j) Additional emergency exits. Ap-
side of the fuselage, a conspicuous proved emergency exits in the pas-
marking to that effect must be pro- senger compartments that are in ex-
vided on the other side. Reflectance is cess of the minimum number of re-
the ratio of the luminous flux reflected quired emergency exits must meet all
by a body to the luminous flux it re- of the applicable provisions of this sec-
ceives. tion except paragraphs (f)(1), (2), and
(h) Exterior emergency lighting and es- (3) of this section and must be readily
cape route. (1) Except for nontransport accessible.
spaschal on DSKJM0X7X2PROD with CFR

category airplanes certificated after (k) On each large passenger-carrying


December 31, 1964, each passenger-car- turbojet-powered airplane, each ven-
rying airplane must be equipped with tral exit and tailcone exit must be—

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Federal Aviation Administration, DOT § 121.311

(1) Designed and constructed so that safety belt and two persons occupying
it cannot be opened during flight; and a multiple lounge or divan seat may
(2) Marked with a placard readable share one approved safety belt during
from a distance of 30 inches and in- en route flight only.
stalled at a conspicuous location near (b) Except as provided in this para-
the means of opening the exit, stating graph, each person on board an air-
that the exit has been designed and plane operated under this part shall oc-
constructed so that it cannot be opened cupy an approved seat or berth with a
during flight. separate safety belt properly secured
(l) Emergency exit features. (1) Each about him or her during movement on
transport category airplane manufac- the surface, takeoff, and landing. A
tured after November 26, 2007 must com- safety belt provided for the occupant of
ply with the provisions of § 25.809(i) and a seat may not be used by more than
(2) After November 26, 2007 each one person who has reached his or her
transport category airplane must com- second birthday. Notwithstanding the
ply with the provisions of preceding requirements, a child may:
§ 25.813(b)(6)(ii) in effect on November (1) Be held by an adult who is occu-
26, 2007. pying an approved seat or berth, pro-
(m) Except for an airplane used in op- vided the child has not reached his or
erations under this part on October 16, her second birthday and the child does
1987, and having an emergency exit not occupy or use any restraining de-
configuration installed and authorized vice; or
for operation prior to October 16, 1987, (2) Notwithstanding any other re-
for an airplane that is required to have quirement of this chapter, occupy an
more than one passenger emergency approved child restraint system fur-
exit for each side of the fuselage, no nished by the certificate holder or one
passenger emergency exit shall be of the persons described in paragraph
more than 60 feet from any adjacent (b)(2)(i) of this section, provided:
passenger emergency exit on the same (i) The child is accompanied by a par-
side of the same deck of the fuselage, ent, guardian, or attendant designated
as measured parallel to the airplane’s by the child’s parent or guardian to at-
longitudinal axis between the nearest tend to the safety of the child during
exit edges. the flight;
(n) Portable lights. No person may op- (ii) Except as provided in paragraph
erate a passenger-carrying airplane un- (b)(2)(ii)(D) of this section, the ap-
less it is equipped with flashlight stow- proved child restraint system bears one
age provisions accessible from each or more labels as follows:
flight attendant seat. (A) Seats manufactured to U.S.
[Doc. No. 2033, 30 FR 3205, Mar. 9, 1965] standards between January 1, 1981, and
February 25, 1985, must bear the label:
EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting § 121.310, see the List of CFR
‘‘This child restraint system conforms
Sections Affected, which appears in the to all applicable Federal motor vehicle
Finding Aids section of the printed volume safety standards.’’
and at www.govinfo.gov. (B) Seats manufactured to U.S.
standards on or after February 26, 1985,
§ 121.311 Seats, safety belts, and shoul- must bear two labels:
der harnesses. (1) ‘‘This child restraint system con-
(a) No person may operate an air- forms to all applicable Federal motor
plane unless there are available during vehicle safety standards’’; and
the takeoff, en route flight, and land- (2) ‘‘THIS RESTRAINT IS CER-
ing— TIFIED FOR USE IN MOTOR VEHI-
(1) An approved seat or berth for each CLES AND AIRCRAFT’’ in red let-
person on board the airplane who has tering;
reached his second birthday; and (C) Seats that do not qualify under
(2) An approved safety belt for sepa- paragraphs (B)(2)(ii)(A) and (b)(2)(ii)(B)
rate use by each person on board the of this section must bear a label or
spaschal on DSKJM0X7X2PROD with CFR

airplane who has reached his second markings showing:


birthday, except that two persons occu- (1) That the seat was approved by a
pying a berth may share one approved foreign government;

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§ 121.311 14 CFR Ch. I (1–1–21 Edition)

(2) That the seat was manufactured quested by the child’s parent, guardian,
under the standards of the United Na- or designated attendant, from occu-
tions; pying a child restraint system fur-
(3) That the seat or child restraint nished by the child’s parent, guardian,
device furnished by the certificate or designated attendant provided—
holder was approved by the FAA (i) The child holds a ticket for an ap-
through Type Certificate or Supple- proved seat or berth or such seat or
mental Type Certificate; or berth is otherwise made available by
(4) That the seat or child restraint the certificate holder for the child’s
device furnished by the certificate use;
holder, or one of the persons described (ii) The requirements of paragraph
in paragraph (b)(2)(i) of this section, (b)(2)(i) of this section are met;
was approved by the FAA in accord- (iii) The requirements of paragraph
ance with § 21.8(d) of this chapter or (b)(2)(iii) of this section are met; and
Technical Standard Order C–100b, or a (iv) The child restraint system has
later version. The child restraint de- one or more of the labels described in
vice manufactured by AmSafe, Inc. paragraphs (b)(2)(ii)(A) through
(CARES, Part No. 4082) and approved (b)(2)(ii)(C) of this section.
by the FAA in accordance with (3) This section does not prohibit the
§ 21.305(d) (2010 ed.) of this chapter may certificate holder from providing child
continue to bear a label or markings restraint systems authorized by this
showing FAA approval in accordance section or, consistent with safe oper-
with § 21.305(d) (2010 ed.) of this chapter. ating practices, determining the most
(D) Except as provided in appropriate passenger seat location for
§ 121.311(b)(2)(ii)(C)(3) and the child restraint system.
§ 121.311(b)(2)(ii)(C)(4), booster-type (d) Each sideward facing seat must
child restraint systems (as defined in comply with the applicable require-
Federal Motor Vehicle Safety Standard ments of § 25.785(c) of this chapter.
No. 213 (49 CFR 571.213)), vest- and har- (e) Except as provided in paragraphs
ness-type child restraint systems, and (e)(1) through (e)(3) of this section, no
lap held child restraints are not ap- certificate holder may take off or land
proved for use in aircraft; and an airplane unless each passenger seat
(iii) The certificate holder complies back is in the upright position. Each
with the following requirements: passenger shall comply with instruc-
(A) The restraint system must be tions given by a crewmember in com-
properly secured to an approved for- pliance with this paragraph.
ward-facing seat or berth; (1) This paragraph does not apply to
(B) The child must be properly se- seat backs placed in other than the up-
cured in the restraint system and must right position in compliance with
not exceed the specified weight limit § 121.310(f)(3).
for the restraint system; and (2) This paragraph does not apply to
(C) The restraint system must bear seats on which cargo or persons who
the appropriate label(s). are unable to sit erect for a medical
(c) Except as provided in paragraph reason are carried in accordance with
(c)(3) of this section, the following pro- procedures in the certificate holder’s
hibitions apply to certificate holders: manual if the seat back does not ob-
(1) Except as provided in struct any passenger’s access to the
§ 121.311(b)(2)(ii)(C)(3) and aisle or to any emergency exit.
§ 121.311(b)(2)(ii)(C)(4), no certificate (3) On airplanes with no flight at-
holder may permit a child, in an air- tendant, the certificate holder may
craft, to occupy a booster-type child take off or land as long as the
restraint system, a vest-type child re- flightcrew instructs each passenger to
straint system, a harness-type child re- place his or her seat back in the up-
straint system, or a lap held child re- right position for takeoff and landing.
straint system during take off, landing, (f) No person may operate a transport
and movement on the surface. category airplane that was type certifi-
spaschal on DSKJM0X7X2PROD with CFR

(2) Except as required in paragraph cated after January 1, 1958, or a non-


(c)(1) of this section, no certificate transport category airplane manufac-
holder may prohibit a child, if re- tured after March 20, 1997, unless it is

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Federal Aviation Administration, DOT § 121.312

equipped at each flight deck station senger and flight attendant seats on
with a combined safety belt and shoul- the airplane meet the requirements of
der harness that meets the applicable § 25.562 in effect on or after June 16,
requirements specified in § 25.785 of this 1988.
chapter, effective March 6, 1980, except (k) Seat dimension disclosure. (1) Each
that— air carrier that conducts operations
(1) Shoulder harnesses and combined under this part and that has a Web site
safety belt and shoulder harnesses that must make available on its Web site
were approved and installed before the width of the narrowest and widest
March 6, 1980, may continue to be used; passenger seats in each class of service
and for each airplane make, model and se-
(2) Safety belt and shoulder harness ries operated by that air carrier in pas-
restraint systems may be designed to senger-carrying operations.
the inertia load factors established (2) For purposes of paragraph (k)(1) of
under the certification basis of the air- this section, the width of a passenger
plane.
seat means the distance between the
(g) Each flight attendant must have a
inside of the armrests for that seat.
seat for takeoff and landing in the pas-
senger compartment that meets the re- [Doc. No. 7522, 32 FR 13267, Sept. 20, 1967]
quirements of § 25.785 of this chapter,
EDITORIAL NOTE: For FEDERAL REGISTER ci-
effective March 6, 1980, except that— tations affecting § 121.311, see the List of CFR
(1) Combined safety belt and shoulder Sections Affected, which appears in the
harnesses that were approved and in- Finding Aids section of the printed volume
stalled before March, 6, 1980, may con- and at www.govinfo.gov.
tinue to be used; and
(2) Safety belt and shoulder harness § 121.312 Materials for compartment
restraint systems may be designed to interiors.
the inertia load factors established (a) All interior materials; transport cat-
under the certification basis of the air- egory airplanes and nontransport cat-
plane. egory airplanes type certificated before
(3) The requirements of § 25.785(h) do January 1, 1965. Except for the mate-
not apply to passenger seats occupied rials covered by paragraph (b) of this
by flight attendants not required by section, all materials in each compart-
§ 121.391. ment of a transport category airplane,
(h) Each occupant of a seat equipped or a nontransport category airplane
with a shoulder harness or with a com-
type certificated before January 1, 1965,
bined safety belt and shoulder harness
used by the crewmembers and pas-
must have the shoulder harness or
sengers, must meet the requirements of
combined safety belt and shoulder har-
§ 25.853 of this chapter in effect as fol-
ness properly secured about that occu-
lows, or later amendment thereto:
pant during takeoff and landing, except
that a shoulder harness that is not (1) Airplane with passenger seating ca-
combined with a safety belt may be un- pacity of 20 or more—(i) Manufactured
fastened if the occupant cannot per- after August 19, 1988, but prior to August
form the required duties with the 20, 1990. Except as provided in para-
shoulder harness fastened. graph (a)(3)(ii) of this section, each air-
(i) At each unoccupied seat, the safe- plane with a passenger capacity of 20 or
ty belt and shoulder harness, if in- more and manufactured after August
stalled, must be secured so as not to 19, 1988, but prior to August 20, 1990,
interfere with crewmembers in the per- must comply with the heat release rate
formance of their duties or with the testing provisions of § 25.853(d) in effect
rapid egress of occupants in an emer- March 6, 1995 (formerly § 25.853(a–1) in
gency. effect on August 20, 1986) (see App. L of
(j) After October 27, 2009, no person this part), except that the total heat
may operate a transport category air- release over the first 2 minutes of sam-
plane type certificated after January 1, ple exposure must not exceed 100 kilo-
spaschal on DSKJM0X7X2PROD with CFR

1958 and manufactured on or after Oc- watt minutes per square meter and the
tober 27, 2009 in passenger-carrying op- peak heat release rate must not exceed
erations under this part unless all pas- 100 kilowatts per square meter.

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§ 121.312 14 CFR Ch. I (1–1–21 Edition)

(ii) Manufactured after August 19, 1990. (ii) Substantially complete replacement
Each airplane with a passenger capac- of the cabin interior on or after August 20,
ity of 20 or more and manufactured 1990. Each airplane that was type cer-
after August 19, 1990, must comply with tificated after January 1, 1958, and has
the heat release rate and smoke testing a passenger capacity of 20 or more,
provisions of § 25.853(d) in effect March must comply with the heat release rate
6, 1995 (formerly § 25.853(a–1)(see app. L and smoke testing provisions of
of this part) in effect on September 26, § 25.853(d) in effect March 6, 1995 (for-
1988). merly § 25.853(a–1) in effect on Sep-
(2) Substantially complete replacement tember 26, 1988)(see app. L of this part),
of the cabin interior on or after May 1, if there is a substantially complete re-
1972—(i) Airplane for which the applica- placement of the cabin interior compo-
tion for type certificate was filed prior to nents identified in § 25.853(d), on or
May 1, 1972. Except as provided in para- after August 20, 1990.
graph (a)(3)(i) or (a)(3)(ii) of this sec- (4) Contrary provisions of this sec-
tion, each airplane for which the appli- tion notwithstanding, the Director of
cation for type certificate was filed the division of the Aircraft Certifi-
prior to May 1, 1972, must comply with cation Service responsible for the air-
the provisions of § 25.853 in effect on worthiness rules may authorize devi-
April 30, 1972, regardless of passenger ation from the requirements of para-
capacity, if there is a substantially graph (a)(1)(i), (a)(1)(ii), (a)(3)(i), or
complete replacement of the cabin in- (a)(3)(ii) of this section for specific
terior after April 30, 1972.
components of the cabin interior that
(ii) Airplane for which the application
do not meet applicable flammability
for type certificate was filed on or after
and smoke emission requirements, if
May 1, 1972. Except as provided in para-
the determination is made that special
graph (a)(3)(i) or (a)(3)(ii) of this sec-
circumstances exist that make compli-
tion, each airplane for which the appli-
ance impractical. Such grants of devi-
cation for type certificate was filed on
ation will be limited to those airplanes
or after May 1, 1972, must comply with
manufactured within 1 year after the
the material requirements under which
applicable date specified in this section
the airplane was type certificated, re-
and those airplanes in which the inte-
gardless of passenger capacity, if there
is a substantially complete replace- rior is replaced within 1 year of that
ment of the cabin interior on or after date. A request for such grant of devi-
that date. ation must include a thorough and ac-
(3) Airplane type certificated after Jan- curate analysis of each component sub-
uary 1, 1958, with passenger capacity of 20 ject to § 25.853(a–1), the steps being
or more—(i) Substantially complete re- taken to achieve compliance, and, for
placement of the cabin interior on or after the few components for which timely
March 6, 1995. Except as provided in compliance will not be achieved, cred-
paragraph (a)(3)(ii) of this section, each ible reasons for such noncompliance.
airplane that was type certificated (5) Contrary provisions of this sec-
after January 1, 1958, and has a pas- tion notwithstanding, galley carts and
senger capacity of 20 or more, must galley standard containers that do not
comply with the heat release rate test- meet the flammability and smoke
ing provisions of § 25.853(d) in effect emission requirements of § 25.853(d) in
March 6, 1995 (formerly § 25.853(a–1) in effect March 6, 1995 (formerly § 25.853(a–
effect on August 20, 1986)(see app. L of 1)) (see app. L of this part) may be used
this part), if there is a substantially in airplanes that must meet the re-
complete replacement of the cabin in- quirements of paragraphs (a)(1)(i),
terior components identified in (a)(1)(ii), (a)(3)(i), or (a)(3)(ii) of this
§ 25.853(d), on or after that date, except section, provided the galley carts or
that the total heat release over the standard containers were manufac-
first 2 minutes of sample exposure shall tured prior to March 6, 1995.
not exceed 100 kilowatt-minutes per (b) Seat cushions. Seat cushions, ex-
spaschal on DSKJM0X7X2PROD with CFR

square meter and the peak heat release cept those on flight crewmember seats,
rate must not exceed 100 kilowatts per in each compartment occupied by crew
square meter. or passengers, must comply with the

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Federal Aviation Administration, DOT § 121.313

requirements pertaining to seat cush- the lower half of the fuselage must
ions in § 25.853(c) effective on November meet the flame penetration resistance
26, 1984, on each airplane as follows: requirements of § 25.856 of this chapter,
(1) Each transport category airplane effective September 2, 2003.
type certificated after January 1, 1958; [Doc. No. 28154, 60 FR 65930, Dec. 20, 1995, as
and amended by Amdt. 121–301, 68 FR 45083, July
(2) On or after December 20, 2010, 31, 2003; Amdt. 121–320, 70 FR 77752, Dec. 30,
each nontransport category airplane 2005; Amdt. 121–330, 72 FR 1442, Jan. 12, 2007;
type certificated after December 31, Docket FAA–2018–0119, Amdt. 121–380, 83 FR
1964. 9173, Mar. 5, 2018]
(c) All interior materials; airplanes type
certificated in accordance with SFAR No. § 121.313 Miscellaneous equipment.
41 of 14 CFR part 21. No person may op- No person may conduct any oper-
erate an airplane that conforms to an ation unless the following equipment is
amended or supplemental type certifi- installed in the airplane:
cate issued in accordance with SFAR (a) If protective fuses are installed on
No. 41 of 14 CFR part 21 for a maximum an airplane, the number of spare fuses
certificated takeoff weight in excess of approved for that airplane and appro-
12,500 pounds unless the airplane meets priately described in the certificate
the compartment interior require- holder’s manual.
ments set forth in § 25.853(a) in effect (b) A windshield wiper or equivalent
March 6, 1995 (formerly § 25.853(a), (b), for each pilot station.
(b–1), (b–2), and (b–3) of this chapter in (c) A power supply and distribution
effect on September 26, 1978)(see app. L system that meets the requirements of
of this part). §§ 25.1309, 25.1331, 25.1351(a) and (b)(1)
(d) All interior materials; other air- through (4), 25.1353, 25.1355, and
planes. For each material or seat cush- 25.1431(b) or that is able to produce and
ion to which a requirement in para- distribute the load for the required in-
graphs (a), (b), or (c) of this section struments and equipment, with use of
does not apply, the material and seat an external power supply if any one
cushion in each compartment used by power source or component of the
the crewmembers and passengers must power distribution system fails. The
meet the applicable requirement under use of common elements in the system
which the airplane was type certifi- may be approved if the Administrator
cated. finds that they are designed to be rea-
(e) Thermal/acoustic insulation ma- sonably protected against malfunc-
terials. For transport category air- tioning. Engine-driven sources of en-
planes type certificated after January ergy, when used, must be on separate
1, 1958: engines.
(1) For airplanes manufactured before (d) A means for indicating the ade-
September 2, 2005, when thermal/acous- quacy of the power being supplied to
tic insulation is installed in the fuse- required flight instruments.
lage as replacements after September (e) Two independent static pressure
2, 2005, the insulation must meet the systems, vented to the outside atmos-
flame propagation requirements of pheric pressure so that they will be
§ 25.856 of this chapter, effective Sep- least affected by air flow variation or
tember 2, 2003, if it is: moisture or other foreign matter, and
(i) Of a blanket construction or installed so as to be airtight except for
(ii) Installed around air ducting. the vent. When a means is provided for
(2) For airplanes manufactured after transferring an instrument from its
September 2, 2005, thermal/acoustic in- primary operating system to an alter-
sulation materials installed in the fu- nate system, the means must include a
selage must meet the flame propaga- positive positioning control and must
tion requirements of § 25.856 of this be marked to indicate clearly which
chapter, effective September 2, 2003. system is being used.
(3) For airplanes with a passenger ca- (f) A door between the passenger and
spaschal on DSKJM0X7X2PROD with CFR

pacity of 20 or greater, manufactured pilot compartments (i.e., flightdeck


after September 2, 2009, thermal/acous- door), with a locking means to prevent
tic insulation materials installed in passengers from opening it without the

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§ 121.314 14 CFR Ch. I (1–1–21 Edition)

pilot’s permission, except that non- event that a flightcrew member be-
transport category airplanes certifi- comes incapacitated. Any associated
cated after December 31, 1964, are not signal or confirmation system must be
required to comply with this para- operable by each flightcrew member
graph. For airplanes equipped with a from that flightcrew member’s duty
crew rest area having separate entries station.
from the flightdeck and the passenger (2) After October 1, 2003, for transport
compartment, a door with such a lock- category, all-cargo airplanes that had a
ing means must be provided between door installed between the pilot com-
the crew rest area and the passenger partment and any other occupied com-
compartment. partment on or after January 15, 2002,
(g) A key for each door that sepa- each such door must meet the require-
rates a passenger compartment from ments of § 25.795(a)(1) and (2) in effect
another compartment that has emer- on January 15, 2002; or the operator
gency exit provisions. Except for must implement a security program
flightdeck doors, a key must be readily approved by the Transportation Secu-
available for each crewmember. Except rity Administration (TSA) for the oper-
as provided below, no person other ation of all airplanes in that operator’s
than a person who is assigned to per- fleet.
form duty on the flightdeck may have (k) Except for all-cargo operations as
a key to the flightdeck door. Before defined in § 110.2 of this chapter, for all
April 22, 2003, any crewmember may passenger-carrying airplanes that re-
have a key to the flightdeck door but quire a lockable flightdeck door in ac-
only if the flightdeck door has an in- cordance with paragraph (f) of this sec-
ternal flightdeck locking device in- tion, a means to monitor from the
stalled, operative, and in use. Such flightdeck side of the door the area
‘‘internal flightdeck locking device’’ outside the flightdeck door to identify
has to be designed so that it can only persons requesting entry and to detect
be unlocked from inside the flightdeck. suspicious behavior and potential
(h) A placard on each door that is the threats.
means of access to a required passenger
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
emergency exit, to indicate that it amended by Amdt. 121–5, 30 FR 6113, Apr. 30,
must be open during takeoff and land- 1965; Amdt. 121–251, 60 FR 65931, Dec. 20, 1995;
ing. Amdt. 121–288, 67 FR 2127, Jan. 15, 2002; Amdt.
(i) A means for the crew, in an emer- 121–299, 68 FR 42881, July 18, 2003; Amdt. 121–
gency to unlock each door that leads to 334, 72 FR 45635, Aug. 15, 2007; Amdt. 121–353,
a compartment that is normally acces- 76 FR 7488, Feb. 10, 2011]
sible to passengers and that can be
locked by passengers. § 121.314 Cargo and baggage compart-
ments.
(j) After April 9, 2003, for airplanes
required by paragraph (f) of this sec- For each transport category airplane
tion to have a door between the pas- type certificated after January 1, 1958:
senger and pilot or crew rest compart- (a) Each Class C or Class D compart-
ments, and for transport category, all- ment, as defined in § 25.857 of this Chap-
cargo airplanes that have a door in- ter in effect on June 16, 1986 (see Ap-
stalled between the pilot compartment pendix L to this part), that is greater
and any other occupied compartment than 200 cubic feet in volume must
on January 15, 2002; have ceiling and sidewall liner panels
(1) After April 9, 2003, for airplanes which are constructed of:
required by paragraph (f) of this sec- (1) Glass fiber reinforced resin;
tion to have a door between the pas- (2) Materials which meet the test re-
senger and pilot or crew rest compart- quirements of part 25, appendix F, part
ments, III of this chapter; or
(i) Each such door must meet the re- (3) In the case of liner installations
quirements of § 25.795(a)(1) and (2) in ef- approved prior to March 20, 1989, alu-
fect on January 15, 2002; and minum.
spaschal on DSKJM0X7X2PROD with CFR

(ii) Each operator must establish (b) For compliance with paragraph
methods to enable a flight attendant to (a) of this section, the term ‘‘liner’’ in-
enter the pilot compartment in the cludes any design feature, such as a

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Federal Aviation Administration, DOT § 121.317

joint or fastener, which would affect fore starting engines, taking off, or
the capability of the liner to safely landing, and in engine and systems
contain a fire. emergencies. The procedures must be
(c) After March 19, 2001, each Class D designed so that a flight crewmember
compartment, regardless of volume, will not need to rely upon his memory
must meet the standards of §§ 25.857(c) for items to be checked.
and 25.858 of this Chapter for a Class C (c) The approved procedures must be
compartment unless the operation is readily usable in the cockpit of each
an all-cargo operation in which case aircraft and the flight crew shall follow
each Class D compartment may meet them when operating the aircraft.
the standards in § 25.857(e) for a Class E
compartment. § 121.316 Fuel tanks.
(d) Reports of conversions and retrofits.
Each turbine powered transport cat-
(1) Until such time as all Class D com-
egory airplane operated after October
partments in aircraft operated under
30, 1991, must meet the requirements of
this part by the certificate have been
§ 25.963(e) of this chapter in effect on
converted or retrofitted with appro-
October 30, 1989.
priate detection and suppression sys-
tems, each certificate holder must sub- [Doc. No. 25614, 54 FR 40354, Sept. 29, 1989]
mit written progress reports to the
FAA that contain the information § 121.317 Passenger information re-
specified below. quirements, smoking prohibitions,
(i) The serial number of each airplane and additional seat belt require-
listed in the operations specifications ments.
issued to the certificate holder for op- (a) Except as provided in paragraph
eration under this part in which all (l) of this section, no person may oper-
Class D compartments have been con- ate an airplane unless it is equipped
verted to Class C or Class E compart- with passenger information signs that
ments; meet the requirements of § 25.791 of this
(ii) The serial number of each air- chapter. Except as provided in para-
plane listed in the operations specifica- graph (l) of this section, the signs must
tion issued to the certificate holder for be constructed so that the crew-
operation under this part, in which all members can turn them on and off.
Class D compartments have been retro- (b) Except as provided in paragraph
fitted to meet the fire detection and (l) of this section, the ‘‘Fasten Seat
suppression requirements for Class C or Belt’’ sign shall be turned on during
the fire detection requirements for any movement on the surface, for each
Class E; and takeoff, for each landing, and at any
(iii) The serial number of each air- other time considered necessary by the
plane listed in the operations specifica- pilot in command.
tions issued to the certificate holder (c) No person may operate an air-
for operation under this part that has plane on a flight on which smoking is
at least one Class D compartment that prohibited by part 252 of this title un-
has not been converted or retrofitted. less either the ‘‘No Smoking’’ pas-
(2) The written report must be sub- senger information signs are lighted
mitted to the responsible Flight Stand- during the entire flight, or one or more
ards office by July 1, 1998, and at each ‘‘No Smoking’’ placards meeting the
three-month interval thereafter. requirements of § 25.1541 of this chapter
[Doc. No. 28937, 63 FR 8049, Feb. 17, 1998, as are posted during the entire flight seg-
amended by Docket FAA–2018–0119, Amdt. ment. If both the lighted signs and the
121–380, 83 FR 9173, Mar. 5, 2018] placards are used, the signs must re-
main lighted during the entire flight
§ 121.315 Cockpit check procedure. segment.
(a) Each certificate holder shall pro- (d) No person may operate a pas-
vide an approved cockpit check proce- senger-carrying airplane under this
dure for each type of aircraft. part unless at least one legible sign or
spaschal on DSKJM0X7X2PROD with CFR

(b) The approved procedures must in- placard that reads ‘‘Fasten Seat Belt
clude each item necessary for flight While Seated’’ is visible from each pas-
crewmembers to check for safety be- senger seat. These signs or placards

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§ 121.318 14 CFR Ch. I (1–1–21 Edition)

need not meet the requirements of (i) No person may tamper with, dis-
paragraph (a) of this section. able, or destroy any smoke detector in-
(e) No person may operate an air- stalled in any airplane lavatory.
plane unless there is installed in each (j) On flight segments other than
lavatory a sign or placard that reads: those described in paragraph (c) of this
‘‘Federal law provides for a penalty of section, the ‘‘No Smoking’’ sign must
up to $2,000 for tampering with the be turned on during any movement on
smoke detector installed in this lava- the surface, for each takeoff, for each
tory.’’ These signs or placards need not landing, and at any other time consid-
meet the requirements of paragraph (a) ered necessary by the pilot in com-
of this section. mand.
(f) Each passenger required by (k) Each passenger shall comply with
§ 121.311(b) to occupy a seat or berth instructions given him or her by a
shall fasten his or her safety belt about crewmember regarding compliance
him or her and keep it fastened while with paragraphs (f), (g), (h), and (l) of
the ‘‘Fasten Seat Belt’’ sign is lighted. this section.
(g) No person may smoke while a ‘‘No (l) A certificate holder may operate a
Smoking’’ sign is lighted or while ‘‘No nontransport category airplane type
Smoking’’ placards are posted, except certificated after December 31, 1964,
as follows: that is manufactured before December
(1) Supplemental operations. The pilot 20, 1997, if it is equipped with at least
in command of an airplane engaged in one placard that is legible to each per-
a supplemental operation may author- son seated in the cabin that states
ize smoking on the flight deck (if it is ‘‘Fasten Seat Belt,’’ and if, during any
physically separated from any pas- movement on the surface, for each
senger compartment), but not in any of takeoff, for each landing, and at any
the following situations: other time considered necessary by the
(i) During airplane movement on the pilot in command, a crewmember oral-
surface or during takeoff or landing; ly instructs the passengers to fasten
(ii) During scheduled passenger-car- their seat belts.
rying public charter operations con-
[Doc. No. 25590, 53 FR 12361, Apr. 13, 1988, as
ducted under part 380 of this title; or amended by Amdt. 121–196, 53 FR 44182, Nov.
(iii) During any operation where 2, 1988; Amdt. 121–213, 55 FR 8367, Mar. 7, 1990;
smoking is prohibited by part 252 of Amdt. 121–230, 57 FR 42673, Sept. 15, 1992;
this title or by international agree- Amdt. 121–251, 60 FR 65931, Dec. 20, 1995;
ment. Amdt. 121–256, 61 FR 30434, June 14, 1996;
(2) Certain intrastate domestic oper- Amdt. 121–277, 65 FR 36779, June 9, 2000]
ations. Except during airplane move-
ment on the surface or during takeoff § 121.318 Public address system.
or landing, a pilot in command of an No person may operate an airplane
airplane engaged in a domestic oper- with a seating capacity of more than 19
ation may authorize smoking on the passengers unless it is equipped with a
flight deck (if it is physically separated public address system which—
from the passenger compartment) if— (a) Is capable of operation inde-
(i) Smoking on the flight deck is not pendent of the crewmember interphone
otherwise prohibited by part 252 of this system required by § 121.319, except for
title; handsets, headsets, microphones, selec-
(ii) The flight is conducted entirely tor switches, and signaling devices;
within the same State of the United (b) Is approved in accordance with
States (a flight from one place in Ha- § 21.305 of this chapter;
waii to another place in Hawaii (c) Is accessible for immediate use
through the airspace over a place out- from each of two flight crewmember
side of Hawaii is not entirely within stations in the pilot compartment;
the same State); and (d) For each required floor-level pas-
(iii) The airplane is either not tur- senger emergency exit which has an ad-
bojet-powered or the airplane is not ca- jacent flight attendant seat, has a
spaschal on DSKJM0X7X2PROD with CFR

pable of carrying at least 30 passengers. microphone which is readily accessible


(h) No person may smoke in any air- to the seated flight attendant, except
plane lavatory. that one microphone may serve more

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Federal Aviation Administration, DOT § 121.321

than one exit, provided the proximity (i) It must be accessible for use at
of the exits allows unassisted verbal enough flight attendant stations so
communication between seated flight that all floor-level emergency exits (or
attendants; entryways to those exits in the case of
(e) Is capable of operation within 10 exits located within galleys) in each
seconds by a flight attendant at each of passenger compartment are observable
those stations in the passenger com- from one or more of those stations so
partment from which its use is acces- equipped;
sible; (ii) It must have an alerting system
(f) Is audible at all passenger seats, incorporating aural or visual signals
lavatories, and flight attendant seats for use by flight crewmembers to alert
and work stations; and flight attendants and for use by flight
(g) For transport category airplanes attendants to alert flight crew-
manufactured on or after November 27, members;
1990, meets the requirements of § 25.1423 (iii) The alerting system required by
of this chapter. paragraph (b)(5)(ii) of this section must
[Doc. No. 24995, 54 FR 43926, Oct. 27, 1989] have a means for the recipient of a call
to determine whether it is a normal
§ 121.319 Crewmember interphone sys- call or an emergency call; and
tem. (iv) When the airplane is on the
(a) No person may operate an air- ground, it must provide a means of
plane with a seating capacity of more two-way communication between
than 19 passengers unless the airplane ground personnel and either of at least
is equipped with a crewmember inter- two flight crewmembers in the pilot
phone system that: compartment. The interphone system
(1) [Reserved] station for use by ground personnel
(2) Is capable of operation inde- must be so located that personnel
pendent of the public address system using the system may avoid visible de-
required by § 121.318(a) except for tection from within the airplane.
handsets, headsets, microphones, selec- [Doc. No. 10865, 38 FR 21494, Aug. 9, 1973, as
tor switches, and signaling devices; and amended by Amdt. 121–121, 40 FR 42186, Sept.
(3) Meets the requirements of para- 11, 1975; Amdt. 121–149, 43 FR 50602, Oct. 30,
graph (b) of this section. 1978; Amdt. 121–178, 47 FR 13316, Mar. 29, 1982;
(b) The crewmember interphone sys- Amdt. 121–253, 61 FR 2611, Jan. 26, 1996]
tem required by paragraph (a) of this
section must be approved in accordance § 121.321 Operations in icing.
with § 21.305 of this chapter and meet After October 21, 2013, no person may
the following requirements: operate an airplane with a certificated
(1) It must provide a means of two- maximum takeoff weight less than
way communication between the pilot 60,000 pounds in conditions conducive
compartment and— to airframe icing unless it complies
(i) Each passenger compartment; and with this section. As used in this sec-
(ii) Each galley located on other than tion, the phrase ‘‘conditions conducive
the main passenger deck level. to airframe icing’’ means visible mois-
(2) It must be accessible for imme- ture at or below a static air tempera-
diate use from each of two flight crew- ture of 5 °C or a total air temperature
member stations in the pilot compart- of 10 °C, unless the approved Airplane
ment; Flight Manual provides another defini-
(3) It must be accessible for use from tion.
at least one normal flight attendant (a) When operating in conditions con-
station in each passenger compart- ducive to airframe icing, compliance
ment; must be shown with paragraph (a)(1),
(4) It must be capable of operation or (2), or (3) of this section.
within 10 seconds by a flight attendant (1) The airplane must be equipped
at those stations in each passenger with a certificated primary airframe
compartment from which its use is ac- ice detection system.
spaschal on DSKJM0X7X2PROD with CFR

cessible; and (i) The airframe ice protection sys-


(5) For large turbojet-powered air- tem must be activated automatically,
planes: or manually by the flightcrew, when

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§ 121.323 14 CFR Ch. I (1–1–21 Edition)

the primary ice detection system indi- shown with the requirements of para-
cates activation is necessary. graph (a)(1) or (2) of this section.
(ii) When the airframe ice protection (c) Procedures necessary for safe op-
system is activated, any other proce- eration of the airframe ice protection
dures in the Airplane Flight Manual system must be established and docu-
for operating in icing conditions must mented in:
be initiated. (1) The Airplane Flight Manual for
(2) Visual cues of the first sign of ice airplanes that comply with paragraph
formation anywhere on the airplane (a)(1) or (2) of this section, or
and a certificated advisory airframe ice (2) The Airplane Flight Manual or in
detection system must be provided. the manual required by § 121.133 for air-
(i) The airframe ice protection sys- planes that comply with paragraph
tem must be activated when any of the (a)(3) of this section.
visual cues are observed or when the (d) Procedures for operation of the
advisory airframe ice detection system airframe ice protection system must
indicates activation is necessary, include initial activation, operation
whichever occurs first. after initial activation, and deactiva-
(ii) When the airframe ice protection tion. Procedures for operation after
system is activated, any other proce- initial activation of the ice protection
dures in the Airplane Flight Manual system must address—
for operating in icing conditions must (1) Continuous operation,
be initiated. (2) Automatic cycling,
(3) Manual cycling if the airplane is
(3) If the airplane is not equipped to
equipped with an ice detection system
comply with the provisions of para-
that alerts the flightcrew each time
graph (a)(1) or (2) of this section, then
the ice protection system must be cy-
the following apply:
cled, or
(i) When operating in conditions con- (4) Manual cycling based on a time
ducive to airframe icing, the airframe interval if the airplane type is not
ice protection system must be acti- equipped with features necessary to
vated prior to, and operated during, the implement (d)(1)–(3) of this section.
following phases of flight: (e) System installations used to com-
(A) Takeoff climb after second seg- ply with paragraph (a)(1) or (a)(2) of
ment, this section must be approved through
(B) En route climb, an amended or supplemental type cer-
(C) Go-around climb, tificate in accordance with part 21 of
(D) Holding, this chapter.
(E) Maneuvering for approach and
[Doc. No. FAA–2009–0675, 78 FR 15876, Mar. 13,
landing, and 2013]
(F) Any other operation at approach
or holding airspeeds. § 121.323 Instruments and equipment
(ii) During any other phase of flight, for operations at night.
the airframe ice protection system No person may operate an airplane at
must be activated and operated at the night under this part unless it is
first sign of ice formation anywhere on equipped with the following instru-
the airplane, unless the Airplane ments and equipment in addition to
Flight Manual specifies that the air- those required by §§ 121.305 through
frame ice protection system should not 121.321 and 121.803:
be used or provides other operational (a) Position lights.
instructions. (b) An anti-collision light.
(iii) Any additional procedures for (c) Two landing lights, except that
operation in conditions conducive to only one landing light is required for
icing specified in the Airplane Flight nontransport category airplanes type
Manual or in the manual required by certificated after December 31, 1964.
§ 121.133 must be initiated. (d) Instrument lights providing
(b) If the procedures specified in enough light to make each required in-
spaschal on DSKJM0X7X2PROD with CFR

paragraph (a)(3)(i) of this section are strument, switch, or similar instru-


specifically prohibited in the Airplane ment, easily readable and installed so
Flight Manual, compliance must be that the direct rays are shielded from

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Federal Aviation Administration, DOT § 121.327

the flight crewmembers’ eyes and that with the operation procedures estab-
no objectionable reflections are visible lished for each operation and route.
to them. There must be a means of con- (b) Crewmembers. (1) At cabin pressure
trolling the intensity of illumination altitudes above 10,000 feet up to and in-
unless it is shown that nondimming in- cluding 12,000 feet, oxygen must be pro-
strument lights are satisfactory. vided for, and used by, each member of
(e) An airspeed-indicating system the flight crew on flight deck duty, and
with heated pitot tube or equivalent must be provided for other crew-
means for preventing malfunctioning members, for that part of the flight at
due to icing. those altitudes that is of more than 30
(f) A sensitive altimeter. minutes duration.
(2) At cabin pressure altitudes above
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as 12,000 feet, oxygen must be provided
amended by Amdt. 121–251, 60 FR 65932, Dec.
for, and used by, each member of the
20, 1995; Amdt. 121–281, 66 FR 19043, Apr. 12,
2001] flight crew on flight deck duty, and
must be provided for other crew-
§ 121.325 Instruments and equipment members, during the entire flight time
for operations under IFR or over- at those altitudes.
the-top. (3) When a flight crewmember is re-
No person may operate an airplane quired to use oxygen, he must use it
under IFR or over-the-top conditions continuously, except when necessary to
under this part unless it is equipped remove the oxygen mask or other dis-
with the following instruments and penser in connection with his regular
equipment, in addition to those re- duties. Standby crewmembers who are
quired by §§ 121.305 through 121.321 and on call or are definitely going to have
121.803: flight deck duty before completing the
flight must be provided with an
(a) An airspeed indicating system
amount of supplemental oxygen equal
with heated pitot tube or equivalent
to that provided for crewmembers on
means for preventing malfunctioning
duty other than on flight deck duty. If
due to icing.
a standby crewmember is not on call
(b) A sensitive altimeter.
and will not be on flight deck duty dur-
(c) Instrument lights providing ing the remainder of the flight, he is
enough light to make each required in- considered to be a passenger for the
strument, switch, or similar instru- purposes of supplemental oxygen re-
ment, easily readable and so installed quirements.
that the direct rays are shielded from (c) Passengers. Each certificate holder
the flight crewmembers’ eyes and that shall provide a supply of oxygen, ap-
no objectionable reflections are visible proved for passenger safety, in accord-
to them, and a means of controlling ance with the following:
the intensity of illumination unless it (1) For flights of more than 30 min-
is shown that nondimming instrument utes duration at cabin pressure alti-
lights are satisfactory. tudes above 8,000 feet up to and includ-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as ing 14,000 feet, enough oxygen for 30
amended at Amdt. 121–281, 66 FR 19043, Apr. minutes for 10 percent of the pas-
12, 2001] sengers.
(2) For flights at cabin pressure alti-
§ 121.327 Supplemental oxygen: Recip- tudes above 14,000 feet up to and in-
rocating engine powered airplanes. cluding 15,000 feet, enough oxygen for
(a) General. Except where supple- that part of the flight at those alti-
mental oxygen is provided in accord- tudes for 30 percent of the passengers.
ance with § 121.331, no person may oper- (3) For flights at cabin pressure alti-
ate an airplane unless supplemental ox- tudes above 15,000 feet, enough oxygen
ygen is furnished and used as set forth for each passenger carried during the
in paragraphs (b) and (c) of this sec- entire flight at those altitudes.
tion. The amount of supplemental oxy- (d) For the purposes of this subpart
spaschal on DSKJM0X7X2PROD with CFR

gen required for a particular operation cabin pressure altitude means the pres-
is determined on the basis of flight al- sure altitude corresponding with the
titudes and flight duration, consistent pressure in the cabin of the airplane,

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§ 121.329 14 CFR Ch. I (1–1–21 Edition)

and flight altitude means the altitude (1) At cabin pressure altitudes above
above sea level at which the airplane is 10,000 feet, up to and including 12,000
operated. For airplanes without pres- feet, oxygen must be provided for and
surized cabins, ‘‘cabin pressure alti- used by each member of the flight crew
tude’’ and ‘‘flight altitude’’ mean the on flight deck duty and must be pro-
same thing. vided for other crewmembers for that
part of the flight at those altitudes
§ 121.329 Supplemental oxygen for sus- that is of more than 30 minutes dura-
tenance: Turbine engine powered
airplanes. tion.
(2) At cabin pressure altitudes above
(a) General. When operating a turbine 12,000 feet, oxygen must be provided
engine powered airplane, each certifi- for, and used by, each member of the
cate holder shall equip the airplane flight crew on flight deck duty, and
with sustaining oxygen and dispensing
must be provided for other crew-
equipment for use as set forth in this
members during the entire flight at
section:
those altitudes.
(1) The amount of oxygen provided
(3) When a flight crewmember is re-
must be at least the quantity nec-
quired to use oxygen, he must use it
essary to comply with paragraphs (b)
and (c) of this section. continuously except when necessary to
remove the oxygen mask or other dis-
(2) The amount of sustaining and
first-aid oxygen required for a par- penser in connection with his regular
ticular operation to comply with the duties. Standby crewmembers who are
rules in this part is determined on the on call or are definitely going to have
basis of cabin pressure altitudes and flight deck duty before completing the
flight duration, consistent with the op- flight must be provided with an
erating procedures established for each amount of supplemental oxygen equal
operation and route. to that provided for crewmembers on
(3) The requirements for airplanes duty other than on flight duty. If a
with pressurized cabins are determined standby crewmember is not on call and
on the basis of cabin pressure altitude will not be on flight deck duty during
and the assumption that a cabin pres- the remainder of the flight, he is con-
surization failure will occur at the alti- sidered to be a passenger for the pur-
tude or point of flight that is most poses of supplemental oxygen require-
critical from the standpoint of oxygen ments.
need, and that after the failure the air- (c) Passengers. Each certificate holder
plane will descend in accordance with shall provide a supply of oxygen for
the emergency procedures specified in passengers in accordance with the fol-
the Airplane Flight Manual, without lowing:
exceeding its operating limitations, to (1) For flights at cabin pressure alti-
a flight altitude that will allow suc- tudes above 10,000 feet, up to and in-
cessful termination of the flight. cluding 14,000 feet, enough oxygen for
(4) Following the failure, the cabin that part of the flight at those alti-
pressure altitude is considered to be tudes that is of more than 30 minutes
the same as the flight altitude unless it duration, for 10 percent of the pas-
is shown that no probable failure of the sengers.
cabin or pressurization equipment will (2) For flights at cabin pressure alti-
result in a cabin pressure altitude tudes above 14,000 feet, up to and in-
equal to the flight altitude. Under cluding 15,000 feet, enough oxygen for
those circumstances, the maximum
that part of the flight at those alti-
cabin pressure altitude attained may
tudes for 30 percent of the passengers.
be used as a basis for certification or
determination of oxygen supply, or (3) For flights at cabin pressure alti-
both. tudes above 15,000 feet, enough oxygen
(b) Crewmembers. Each certificate for each passenger carried during the
spaschal on DSKJM0X7X2PROD with CFR

holder shall provide a supply of oxygen entire flight at those altitudes.


for crewmembers in accordance with
the following:

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Federal Aviation Administration, DOT § 121.333

§ 121.331 Supplemental oxygen re- (3) When an airplane is flown at a


quirements for pressurized cabin flight altitude above flight level 250,
airplanes: Reciprocating engine enough oxygen for 30 minutes for 10
powered airplanes. percent of the passengers for the entire
(a) When operating a reciprocating flight (including emergency descent)
engine powered airplane pressurized above 8,000 feet, up to and including
cabin, each certificate holder shall 14,000 feet, and to comply with
equip the airplane to comply with § 121.327(c) (2) and (3) for flight above
paragraphs (b) through (d) of this sec- 14,000 feet.
tion in the event of cabin pressuriza- (d) For the purposes of this section it
tion failure. is assumed that the cabin pressuriza-
(b) For crewmembers. When operating tion failure occurs at a time during
at flight altitudes above 10,000 feet, the flight that is critical from the stand-
certificate holder shall provide enough point of oxygen need and that after the
oxygen for each crewmember for the failure the airplane will descend, with-
entire flight at those altitudes and not out exceeding its normal operating
less than a two-hour supply for each limitations, to flight altitudes allow-
flight crewmember on flight deck duty. ing safe flight with respect to terrain
The required two hours supply is that clearance.
quantity of oxygen necessary for a con-
stant rate of descent from the air- [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
plane’s maximum certificated oper- amended by Amdt. 121–132, 41 FR 55475, Dec.
20, 1976]
ating altitude to 10,000 feet in ten min-
utes and followed by 110 minutes at § 121.333 Supplemental oxygen for
10,000 feet. The oxygen required by emergency descent and for first aid;
§ 121.337 may be considered in deter- turbine engine powered airplanes
mining the supplemental breathing with pressurized cabins.
supply required for flight crewmembers
on flight deck duty in the event of (a) General. When operating a turbine
cabin pressurization failure. engine powered airplane with a pres-
(c) For passengers. When operating at surized cabin, the certificate holder
flight altitudes above 8,000 feet, the shall furnish oxygen and dispensing
certificate holder shall provide oxygen equipment to comply with paragraphs
as follows: (b) through (e) of this section in the
(1) When an airplane is not flown at event of cabin pressurization failure.
a flight altitude above flight level 250, (b) Crewmembers. When operating at
enough oxygen for 30 minutes for 10 flight altitudes above 10,000 feet, the
percent of the passengers, if at any certificate holder shall supply enough
point along the route to be flown the oxygen to comply with § 121.329, but not
airplane can safely descend to a flight less than a two-hour supply for each
altitude of 14,000 feet or less within flight crewmember on flight deck duty.
four minutes. The required two hours supply is that
(2) If the airplane cannot descend to quantity of oxygen necessary for a con-
a flight altitude of 14,000 feet or less stant rate of descent from the air-
within four minutes, the following sup- plane’s maximum certificated oper-
ply of oxygen must be provided: ating altitude to 10,000 feet in ten min-
(i) For that part of the flight that is utes and followed by 110 minutes at
more than four minutes duration at 10,000 feet. The oxygen required in the
flight altitudes above 15,000 feet, the event of cabin pressurization failure by
supply required by § 121.327(c)(3). § 121.337 may be included in deter-
(ii) For that part of the flight at mining the supply required for flight
flight altitudes above 14,000 feet, up to crewmembers on flight deck duty.
and including 15,000 feet, the supply re- (c) Use of oxygen masks by flight crew-
quired by § 121.327(c)(2). members. (1) When operating at flight
(iii) For flight at flight altitudes altitudes above flight level 250, each
spaschal on DSKJM0X7X2PROD with CFR

above 8,000 feet up to and including flight crewmember on flight deck duty
14,000 feet, enough oxygen for 30 min- must be provided with an oxygen mask
utes for 10 percent of the passengers. so designed that it can be rapidly

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§ 121.333 14 CFR Ch. I (1–1–21 Edition)

placed on his face from its ready posi- time it is necessary for one pilot to
tion, properly secured, sealed, and sup- leave his station at the controls of the
plying oxygen upon demand; and so de- airplane when operating at flight alti-
signed that after being placed on the tudes above flight level 410, the re-
face it does not prevent immediate maining pilot at the controls shall put
communication between the flight on and use his oxygen mask until the
crewmember and other crewmembers other pilot has returned to his duty
over the airplane intercommunication station.
system. When it is not being used at (4) Before the takeoff of a flight, each
flight altitudes above flight level 250, flight crewmember shall personally
the oxygen mask must be kept in con- preflight his oxygen equipment to in-
dition for ready use and located so as sure that the oxygen mask is func-
to be within the immediate reach of tioning, fitted properly, and connected
the flight crewmember while at his to appropriate supply terminals, and
duty station. that the oxygen supply and pressure
(2) When operating at flight altitudes are adequate for use.
above flight level 250, one pilot at the (d) Use of portable oxygen equipment by
controls of the airplane shall at all cabin attendants. After November 28,
times wear and use an oxygen mask se- 2005 each mask used for portable oxy-
cured, sealed, and supplying oxygen, in gen equipment must be connected to
accordance with the following: its oxygen supply. Above flight level
(i) The one pilot need not wear and 250, one of the following is required:
use an oxygen mask at or below the (1) Each attendant shall carry port-
following flight levels if each flight able oxygen equipment with a 15
crewmember on flight deck duty has a minute supply of oxygen; or
quick-donning type of oxygen mask (2) There must be sufficient portable
that the certificate holder has shown oxygen equipment (including masks
can be placed on the face from its and spare outlets) distributed through-
ready position, properly secured, out the cabin so that such equipment is
sealed, and supplying oxygen upon de- immediately available to each attend-
mand, with one hand and within five ant, regardless of their location in the
seconds: cabin; or
(A) For airplanes having a passenger (3) There are sufficient spare outlets
seat configuration of more than 30 and masks distributed throughout the
seats, excluding any required crew- cabin to ensure immediate availability
member seat, or a payload capacity of of oxygen to each cabin attendant, re-
more than 7,500 pounds, at or below gardless of their location in the cabin.
flight level 410. (e) Passenger cabin occupants. When
(B) For airplanes having a passenger the airplane is operating at flight alti-
seat configuration of less than 31 seats, tudes above 10,000 feet, the following
excluding any required crewmember supply of oxygen must be provided for
seat, and a payload capacity of 7,500 the use of passenger cabin occupants:
pounds or less, at or below flight level (1) When an airplane certificated to
350. operate at flight altitudes up to and in-
(ii) Whenever a quick-donning type of cluding flight level 250, can at any
oxygen mask is to be used under this point along the route to be flown, de-
section, the certificate holder shall scend safely to a flight altitude of
also show that the mask can be put on 14,000 feet or less within four minutes,
without disturbing eye glasses and oxygen must be available at the rate
without delaying the flight crew- prescribed by this part for a 30-minute
member from proceeding with his as- period for at least 10 percent of the pas-
signed emergency duties. The oxygen senger cabin occupants.
mask after being put on must not pre- (2) When an airplane is operated at
vent immediate communication be- flight altitudes up to and including
tween the flight crewmember and other flight level 250 and cannot descend
crewmembers over the airplane inter- safely to a flight altitude of 14,000 feet
spaschal on DSKJM0X7X2PROD with CFR

communication system. within four minutes, or when an air-


(3) Notwithstanding paragraph (c)(2) plane is operated at flight altitudes
of this section, if for any reason at any above flight level 250, oxygen must be

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Federal Aviation Administration, DOT § 121.337

available at the rate prescribed by this oxygen necessary to comply with


part for not less than 10 percent of the §§ 121.329 and 121.333 must meet the
passenger cabin occupants for the en- standards established in section 4b.651
tire flight after cabin depressurization, of the Civil Air Regulations as in effect
at cabin pressure altitudes above 10,000 on September 1, 1958, except that if the
feet up to and including 14,000 feet and, certificate holder shows full compli-
as applicable, to allow compliance with ance with those standards to be im-
§ 121.329(c) (2) and (3), except that there practicable, the Administrator may au-
must be not less than a 10-minute sup- thorize any changes in those standards
ply for the passenger cabin occupants. that he finds will provide an equivalent
(3) For first-aid treatment of occu- level of safety.
pants who for physiological reasons
might require undiluted oxygen fol- § 121.337 Protective breathing equip-
lowing descent from cabin pressure al- ment.
titudes above flight level 250, a supply (a) The certificate holder shall fur-
of oxygen in accordance with the re- nish approved protective breathing
quirements of § 25.1443(d) must be pro- equipment (PBE) meeting the equip-
vided for two percent of the occupants ment, breathing gas, and communica-
for the entire flight after cabin depres- tion requirements contained in para-
surization at cabin pressure altitudes graph (b) of this section.
above 8,000 feet, but in no case to less (b) Pressurized and nonpressurized
than one person. An appropriate num- cabin airplanes. Except as provided in
ber of acceptable dispensing units, but paragraph (f) of this section, no person
in no case less than two, must be pro- may operate an airplane unless protec-
vided, with a means for the cabin at- tive breathing equipment meeting the
tendants to use this supply. requirements of this section is provided
(f) Passenger briefing. Before flight is as follows:
conducted above flight level 250, a (1) General. The equipment must pro-
crewmember shall instruct the pas- tect the flightcrew from the effects of
sengers on the necessity of using oxy- smoke, carbon dioxide or other harmful
gen in the event of cabin depressuriza- gases or an oxygen deficient environ-
tion and shall point out to them the lo- ment caused by other than an airplane
cation and demonstrate the use of the depressurization while on flight deck
oxygen-dispensing equipment. duty and must protect crewmembers
from the above effects while combat-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
amended by Amdt. 121–11, 30 FR 12466, Sept.
ting fires on board the airplane.
30, 1965; Amdt. 121–132, 41 FR 55475, Dec. 20, (2) The equipment must be inspected
1976; Amdt. 121–262, 62 FR 13256, Mar. 19, 1997; regularly in accordance with inspec-
62 FR 15570, Apr. 1, 1997; Amdt. 121–306, 69 FR tion guidelines and the inspection peri-
62789, Oct. 27, 2004; Amdt. 121–383, 85 FR 16900, ods established by the equipment man-
Mar. 25, 2020] ufacturer to ensure its condition for
continued serviceability and imme-
§ 121.335 Equipment standards. diate readiness to perform its intended
(a) Reciprocating engine powered air- emergency purposes. The inspection pe-
planes. The oxygen apparatus, the min- riods may be changed upon a showing
imum rates of oxygen flow, and the by the certificate holder that the
supply of oxygen necessary to comply changes would provide an equivalent
with § 121.327 must meet the standards level of safety.
established in section 4b.651 of the Civil (3) That part of the equipment pro-
Air Regulations as in effect on July 20, tecting the eyes must not impair the
1950, except that if the certificate hold- wearer’s vision to the extent that a
er shows full compliance with those crewmember’s duties cannot be accom-
standards to be impracticable, the Ad- plished and must allow corrective
ministrator may authorize any change glasses to be worn without impairment
in those standards that he finds will of vision or loss of the protection re-
provide an equivalent level of safety. quired by paragraph (b)(1) of this sec-
spaschal on DSKJM0X7X2PROD with CFR

(b) Turbine engine powered airplanes. tion.


The oxygen apparatus, the minimum (4) The equipment, while in use, must
rate of oxygen flow, and the supply of allow the flightcrew to communicate

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§ 121.337 14 CFR Ch. I (1–1–21 Edition)

using the airplane radio equipment and portable breathing gas supply meeting
to communicate by interphone with the requirements of this section must
each other while at their assigned duty be easily accessible and conveniently
stations. The equipment, while in use, located for immediate use by crew-
must also allow crewmember inter- members in combatting fires as fol-
phone communications between each of lows:
two flight crewmember stations in the (i) One PBE is required for each hand
pilot compartment and at least one fire extinguisher located for use in a
normal flight attendant station in each galley other than a galley located in a
passenger compartment. passenger, cargo, or crew compart-
(5) The equipment, while in use, must ment.
allow any crewmember to use the air- (ii) One on the flight deck, except
plane interphone system at any of the that the Administrator may authorize
flight attendant stations referred to in another location for this PBE if special
paragraph (b)(4) of this section. circumstances exist that make compli-
(6) The equipment may also be used ance impractical and the proposed de-
to meet the supplemental oxygen re- viation would provide an equivalent
quirements of this part provided it level of safety.
meets the oxygen equipment standards (iii) In each passenger compartment,
of § 121.335 of this part. one for each hand fire extinguisher re-
(7) Protective breathing gas duration
quired by § 121.309 of this part, to be lo-
and supply system equipment require-
cated within 3 feet of each required
ments are as follows:
hand fire extinguisher, except that the
(i) The equipment must supply
Administrator may authorize a devi-
breathing gas for 15 minutes at a pres-
ation allowing locations of PBE more
sure altitude of 8,000 feet for the fol-
than 3 feet from required hand fire ex-
lowing:
tinguisher locations if special cir-
(A) Flight crewmembers while per-
cumstances exist that make compli-
forming flight deck duties; and
ance impractical and if the proposed
(B) Crewmembers while combatting
deviation provides an equivalent level
an in-flight fire.
(ii) The breathing gas system must of safety.
be free from hazards in itself, in its (c) Equipment preflight. (1) Before
method of operation, and in its effect each flight, each item of PBE at flight
upon other components. crewmember duty stations must be
(iii) For breathing gas systems other checked by the flight crewmember who
than chemical oxygen generators, will use the equipment to ensure that
there must be a means to allow the the equipment—
crew to readily determine, during the (i) For other than chemical oxygen
equipment preflight described in para- generator systems, is functioning, is
graph (c) of this section, that the gas serviceable, fits properly (unless a uni-
supply is fully charged. versal-fit type), and is connected to
(iv) For each chemical oxygen gener- supply terminals and that the breath-
ator, the supply system equipment ing gas supply and pressure are ade-
must meet the requirements of § 25.1450 quate for use; and
(b) and (c) of this chapter. (ii) For chemical oxygen generator
(8) Smoke and fume protection. Protec- systems, is serviceable and fits prop-
tive breathing equipment with a fixed erly (unless a universal-fit type).
or portable breathing gas supply meet- (2) Each item of PBE located at other
ing the requirements of this section than a flight crewmember duty station
must be conveniently located on the must be checked by a designated crew-
flight deck and be easily accessible for member to ensure that each is properly
immediate use by each required flight stowed and serviceable, and, for other
crewmember at his or her assigned than chemical oxygen generator sys-
duty station. tems, the breathing gas supply is fully
(9) Fire combatting. Except for non- charged. Each certificate holder, in its
spaschal on DSKJM0X7X2PROD with CFR

transport category airplanes type cer- operations manual, must designate at


tificated after December 31, 1964, pro- least one crewmember to perform those
tective breathing equipment with a checks before he or she takes off in

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Federal Aviation Administration, DOT § 121.341

that airplane for his or her first flight batteries) that are essentially unaf-
of the day. fected during probable storage inter-
vals.
[Doc. No. 24792, 52 FR 20957, June 3, 1987, as
amended by Amdt. 121–204, 54 FR 22271, May (b) The required life rafts, life pre-
22, 1989; Amdt. 121–212, 55 FR 5551, Feb. 15, servers, and survival type emergency
1990; Amdt. 121–218, 55 FR 31565, Aug. 2, 1990; locator transmitter must be easily ac-
Amdt. 121–230, 57 FR 42674, Sept. 15, 1992; cessible in the event of a ditching with-
Amdt. 121–251, 60 FR 65932, Dec. 20, 1995; out appreciable time for preparatory
Amdt. 121–261, 61 FR 43921, Aug. 26, 1996] procedures. This equipment must be in-
stalled in conspicuously marked, ap-
§ 121.339 Emergency equipment for ex- proved locations.
tended over-water operations.
(c) A survival kit, appropriately
(a) Except where the Administrator, equipped for the route to be flown,
by amending the operations specifica- must be attached to each required life
tions of the certificate holder, requires raft.
the carriage of all or any specific items
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
of the equipment listed below for any
amended by Amdt. 121–53, 34 FR 15244, Sept.
overwater operation, or upon applica- 30, 1969; Amdt. 121–79, 36 FR 18724, Sept. 21,
tion of the certificate holder, the Ad- 1971; Amdt. 121–93, 37 FR 14294, June 19, 1972
ministrator allows deviation for a par- Amdt. 121–106, 38 FR 22378, Aug. 20, 1973;
ticular extended overwater operation, Amdt. 121–149, 43 FR 50603, Oct. 30, 1978;
no person may operate an airplane in Amdt. 121–158, 45 FR 38348, June 9, 1980;
extended overwater operations without Amdt. 121–239, 59 FR 32057, June 21, 1994]
having on the airplane the following
equipment: § 121.340 Emergency flotation means.
(1) A life preserver equipped with an (a) Except as provided in paragraph
approved survivor locator light, for (b) of this section, no person may oper-
each occupant of the airplane. ate an airplane in any overwater oper-
(2) Enough life rafts (each equipped ation unless it is equipped with life
with an approved survivor locator preservers in accordance with
light) of a rated capacity and buoyancy § 121.339(a)(1) or with an approved flota-
to accommodate the occupants of the tion means for each occupant. This
airplane. Unless excess rafts of enough means must be within easy reach of
capacity are provided, the buoyancy each seated occupant and must be read-
and seating capacity beyond the rated ily removable from the airplane.
capacity of the rafts must accommo- (b) Upon application by the air car-
date all occupants of the airplane in rier or commercial operator, the Ad-
the event of a loss of one raft of the ministrator may approve the operation
largest rated capacity. of an airplane over water without the
(3) At least one pyrotechnic signaling life preservers or flotation means re-
device for each life raft. quired by paragraph (a) of this section,
(4) An approved survival type emer- if the air carrier or commercial oper-
gency locator transmitter. Batteries ator shows that the water over which
used in this transmitter must be re- the airplane is to be operated is not of
placed (or recharged, if the battery is such size and depth that life preservers
rechargeable) when the transmitter has or flotation means would be required
been in use for more than 1 cumulative for the survival of its occupants in the
hour, or when 50 percent of their useful event the flight terminates in that
life (or for rechargeable batteries, 50 water.
percent of their useful life of charge) [Doc. No. 6713, 31 FR 1147, Jan. 28, 1966, as
has expired, as established by the amended by Amdt. 121–25, 32 FR 3223, Feb. 24,
transmitter manufacturer under its ap- 1967; Amdt. 121–251, 60 FR 65932, Dec. 20, 1995]
proval. The new expiration date for re-
placing (or recharging) the battery § 121.341 Equipment for operations in
must be legibly marked on the outside icing conditions.
of the transmitter. The battery useful (a) Except as permitted in paragraph
spaschal on DSKJM0X7X2PROD with CFR

life (or useful life of charge) require- (c)(2) of this section, unless an airplane
ments of this paragraph do not apply is type certificated under the transport
to batteries (such as water-activated category airworthiness requirements

127

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§ 121.342 14 CFR Ch. I (1–1–21 Edition)

relating to ice protection, or unless an § 121.342 Pitot heat indication systems.


airplane is a non-transport category
No person may operate a transport
airplane type certificated after Decem-
category airplane or, after December
ber 31, 1964, that has the ice protection
20, 1999, a nontransport category air-
provisions that meet section 34 of ap-
plane type certificated after December
pendix A of part 135 of this chapter, no
31, 1964, that is equipped with a flight
person may operate an airplane in
icing conditions unless it is equipped instrument pitot heating system unless
with means for the prevention or re- the airplane is also equipped with an
moval of ice on windshields, wings, em- operable pitot heat indication system
pennage, propellers, and other parts of that complies § 25.1326 of this chapter
the airplane where ice formation will in effect on April 12, 1978.
adversely affect the safety of the air- [Doc. No. 28154, 60 FR 65932, Dec. 20, 1995]
plane.
(b) No person may operate an air- § 121.343 Flight data recorders.
plane in icing conditions at night un- (a) Except as provided in paragraphs
less means are provided for illu- (b), (c), (d), (e), and (f) of this section,
minating or otherwise determining the no person may operate a large airplane
formation of ice on the parts of the that is certificated for operations
wings that are critical from the stand- above 25,000 feet altitude or is turbine-
point of ice accumulation. Any illu- engine powered unless it is equipped
minating that is used must be of a type with one or more approved flight re-
that will not cause glare or reflection corders that record data from which
that would handicap crewmembers in the following may be determined with-
the performance of their duties. in the ranges, accuracies, and record-
(c) Non-transport category airplanes ing intervals specified in appendix B of
type certificated after December 31, 1964. this part:
Except for an airplane that has ice pro- (1) Time;
tection provisions that meet section 34
(2) Altitude;
of appendix A of part 135 of this chap-
ter, or those for transport category air- (3) Airspeed;
plane type certification, no person may (4) Vertical acceleration;
operate— (5) Heading; and
(1) Under IFR into known or forecast (6) Time of each radio transmission
light or moderate icing conditions; either to or from air traffic control.
(2) Under VFR into known light or (b) No person may operate a large
moderate icing conditions; unless the airplane type certificated up to and in-
airplane has functioning deicing anti- cluding September 30, 1969, for oper-
icing equipment protecting each pro- ations above 25,000 feet altitude, or a
peller, windshield, wing, stabilizing or turbine-engine powered airplane cer-
control surface, and each airspeed, al- tificated before the same date, unless
timeter, rate of climb, or flight atti- it is equipped before May 26, 1989 with
tude instrument system; or one or more approved flight recorders
(3) Into known or forecast severe that utilize a digital method of record-
icing conditions. ing and storing data and a method of
(d) If current weather reports and readily retrieving that data from the
briefing information relied upon by the storage medium. The following infor-
pilot in command indicate that the mation must be able to be determined
forecast icing condition that would within the ranges, accuracies, and re-
otherwise prohibit the flight will not cording intervals specified in appendix
be encountered during the flight be- B of this part:
cause of changed weather conditions (1) Time;
since the forecast, the restrictions in (2) Altitude;
paragraph (c) of this section based on (3) Airspeed;
forecast conditions do not apply. (4) Vertical acceleration;
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 6258, 29 FR 18205, Dec. 31, 1964, as (5) Heading; and
amended by Amdt. 121–251, 60 FR 65929, Dec. (6) Time of each radio transmission
20, 1995] either to or from air traffic control.

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Federal Aviation Administration, DOT § 121.343

(c) Except as provided in paragraph (13) Rudder pedal or yaw control sur-
(l) of this section, no person may oper- face position;
ate an airplane specified in paragraph (14) Thrust of each engine;
(b) of this section unless it is equipped, (15) Position of each thrust reverser;
before May 26, 1995, with one or more (16) Trailing edge flap or cockpit flap
approved flight recorders that utilize a control position; and
digital method of recording and storing (17) Leading edge flap or cockpit flap
data and a method of readily retrieving control position.
that data from the storage medium.
The following information must be For the purpose of this section, manu-
able to be determined within the factured means the point in time at
ranges, accuracies and recording inter- which the airplane inspection accept-
vals specified in appendix B of this ance records reflect that the airplane is
part: complete and meets the FAA-approved
(1) Time; type design data.
(2) Altitude; (e) After October 11, 1991, no person
(3) Airspeed; may operate a large airplane equipped
(4) Vertical acceleration; with a digital data bus and ARINC 717
(5) Heading; digital flight data acquisition unit
(6) Time of each radio transmission (DFDAU) or equivalent unless it is
either to or from air traffic control; equipped with one or more approved
flight recorders that utilize a digital
(7) Pitch attitude;
method of recording and storing data
(8) Roll attitude;
and a method of readily retrieving that
(9) Longitudinal acceleration; data from the storage medium. Any pa-
(10) Control column or pitch control rameters specified in appendix B of this
surface position; and part that are available on the digital
(11) Thrust of each engine. data bus must be recorded within the
(d) No person may operate an air- ranges, accuracies, resolutions, and
plane specified in paragraph (b) of this sampling intervals specified.
section that is manufactured after May (f) After October 11, 1991, no person
26, 1989, as well as airplanes specified in may operate an airplane specified in
paragraph (a) of this section that have paragraph (b) of this section that is
been type certificated after September manufactured after October 11, 1991,
30, 1969, unless it is equipped with one nor an airplane specified in paragraph
or more approved flight recorders that (a) of this section that has been type
utlitize a digital method of recording certificated after September 30, 1969,
and storing data and a method of read- and manufactured after October 11,
ily retrieving that data from the stor- 1991, unless it is equipped with one or
age medium. The following informa- more flight recorders that utilize a dig-
tion must be able to be determined ital method of recording and storing
within the ranges, accuracies, and re- data and a method of readily retrieving
cording intervals specified in appendix that data from the storage medium.
B of this part: The parameters specified in appendix B
(1) Time; of this part must be recorded within
(2) Altitude; the ranges, accuracies, resolutions, and
(3) Airspeed; sampling intervals specified.
(4) Vertical acceleration; (g) Whenever a flight recorder re-
(5) Heading; quired by this section is installed, it
(6) Time of each radio transmission must be operated continuously from
either to or from air traffic control; the instant the airplane begins the
(7) Pitch attitude; takeoff roll until it has completed the
(8) Roll attitude; landing roll at an airport.
(9) Longitudinal acceleration; (h) Except as provided in paragraph
(10) Pitch trim position; (i) of this section, and except for re-
(11) Control column or pitch control corded data erased as authorized in
spaschal on DSKJM0X7X2PROD with CFR

surface position; this paragraph, each certificate holder


(12) Control wheel or lateral control shall keep the recorded data prescribed
surface position; in paragraph (a), (b), (c), or (d) of this

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§ 121.344 14 CFR Ch. I (1–1–21 Edition)

section, as appropriate, until the air- equipped with one or more approved
plane has been operated for at least 25 flight data recorders that utilize a dig-
hours of the operating time specified in ital method of recording and storing
§ 121.359(a). A total of 1 hour of recorded data and a method of readily retrieving
data may be erased for the purpose of that data from the storage medium.
testing the flight recorder or the flight The information specified in para-
recorder system. Any erasure made in graphs (c)(1) through (c)(11) of this sec-
accordance with this paragraph must tion must be able to be determined
be of the oldest recorded data accumu- within the ranges, accuracies and re-
lated at the time of testing. Except as cording intervals specified in appendix
provided in paragraph (i) of this sec- B of this part. In addition—
tion, no record need be kept more than (1) This flight data recorder must be
60 days.
installed at the next heavy mainte-
(i) In the event of an accident or oc-
nance check after May 26, 1994, but no
currence that requires immediate noti-
later than May 26, 1995. A heavy main-
fication of the National Transportation
tenance check is considered to be any
Safety Board under part 830 of its regu-
lations and that results in termination time an aircraft is scheduled to be out
of the flight, the certificate holder of service for 4 or more days.
shall remove the recording media from (2) By June 23, 1994, each carrier must
the airplane and keep the recorded submit to the FAA Flight Standards
data required by paragraph (a), (b), (c), Service, Air Transportation Division
or (d) of this section, as appropriate, (AFS–200), documentation listing those
for at least 60 days or for a longer pe- airplanes covered under this paragraph
riod upon the request of the Board or and evidence that it has ordered a suf-
the Administrator. ficient number of flight data recorders
(j) Each flight recorder required by to meet the May 26, 1995, compliance
this section must be installed in ac- date for all aircraft on that list.
cordance with the requirements of (3) After May 26, 1994, any aircraft
§ 25.1459 of this chapter in effect on Au- that is modified to meet Stage 3 noise
gust 31, 1977. The correlation required levels must have the flight data re-
by § 25.1459(c) of this chapter need be corder described in paragraph (c) of
established only on one airplane of any this section installed before operating
group of airplanes— under this part.
(1) That are of the same type; (m) After August 20, 2001, this section
(2) On which the model flight re- applies only to the airplane models
corder and its installation are the listed in § 121.344(l)(2). All other air-
same; and planes must comply with the require-
(3) On which there is no difference in ments of § 121.344, as applicable.
the type design with respect to the in-
stallation of those first pilot’s instru- [Doc. No. 24418, 52 FR 9636, Mar. 25, 1987, as
ments associated with the flight re- amended by Amdt. 121–197, 53 FR 26147, July
corder. The most recent instrument 11, 1988; Amdt. 121–238, 59 FR 26900, May 24,
1994; Amdt. 121–338, 73 FR 12565, Mar. 7, 2008]
calibration, including the recording
medium from which this calibration is § 121.344 Digital flight data recorders
derived, and the recorder correlation for transport category airplanes.
must be retained by the certificate
holder. (a) Except as provided in paragraph
(k) Each flight recorder required by (l) of this section, no person may oper-
this section that records the data spec- ate under this part a turbine-engine-
ified in paragraph (a), (b), (c), or (d) of powered transport category airplane
this section, as appropriate, must have unless it is equipped with one or more
an approved device to assist in locating approved flight recorders that use a
that recorder under water. digital method of recording and storing
(l) No person may operate an airplane data and a method of readily retrieving
specified in paragraph (b) of this sec- that data from the storage medium.
spaschal on DSKJM0X7X2PROD with CFR

tion that meets the Stage 2 noise levels The operational parameters required to
of part 36 of this chapter and is subject be recorded by digital flight data re-
to § 91.801(c) of this chapter unless it is corders required by this section are as

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Federal Aviation Administration, DOT § 121.344

follows: The phrase ‘‘when an informa- (30) Master warning;


tion source is installed’’ following a pa- (31) Air/ground sensor (primary air-
rameter indicates that recording of plane system reference nose or main
that parameter is not intended to re- gear);
quire a change in installed equipment: (32) Angle of attack (when informa-
(1) Time; tion source is installed);
(2) Pressure altitude; (33) Hydraulic pressure low (each sys-
(3) Indicated airspeed; tem);
(4) Heading—primary flight crew ref- (34) Ground speed (when an informa-
erence (if selectable, record discrete, tion source is installed);
true or magnetic); (35) Ground proximity warning sys-
(5) Normal acceleration (Vertical); tem;
(6) Pitch attitude; (36) Landing gear position or landing
(7) Roll attitude; gear cockpit control selection;
(8) Manual radio transmitter keying, (37) Drift angle (when an information
or CVR/DFDR synchronization ref- source is installed);
erence; (38) Wind speed and direction (when
(9) Thrust/power of each engine—pri- an information source is installed);
mary flight crew reference; (39) Latitude and longitude (when an
(10) Autopilot engagement status; information source is installed);
(11) Longitudinal acceleration; (40) Stick shaker/pusher (when an in-
(12) Pitch control input; formation source is installed);
(13) Lateral control input; (41) Windshear (when an information
(14) Rudder pedal input; source is installed);
(15) Primary pitch control surface po- (42) Throttle/power lever position;
sition;
(43) Additional engine parameters (as
(16) Primary lateral control surface
designated in Appendix M of this part);
position;
(44) Traffic alert and collision avoid-
(17) Primary yaw control surface po-
ance system;
sition;
(45) DME 1 and 2 distances;
(18) Lateral acceleration;
(19) Pitch trim surface position or pa- (46) Nav 1 and 2 selected frequency;
rameters of paragraph (a)(82) of this (47) Selected barometric setting
section if currently recorded; (when an information source is in-
(20) Trailing edge flap or cockpit flap stalled);
control selection (except when param- (48) Selected altitude (when an infor-
eters of paragraph (a)(85) of this sec- mation source is installed);
tion apply); (49) Selected speed (when an informa-
(21) Leading edge flap or cockpit flap tion source is installed);
control selection (except when param- (50) Selected mach (when an informa-
eters of paragraph (a)(86) of this sec- tion source is installed);
tion apply); (51) Selected vertical speed (when an
(22) Each Thrust reverser position (or information source is installed);
equivalent for propeller airplane); (52) Selected heading (when an infor-
(23) Ground spoiler position or speed mation source is installed);
brake selection (except when param- (53) Selected flight path (when an in-
eters of paragraph (a)(87) of this sec- formation source is installed);
tion apply); (54) Selected decision height (when
(24) Outside or total air temperature; an information source is installed);
(25) Automatic Flight Control Sys- (55) EFIS display format;
tem (AFCS) modes and engagement (56) Multi-function/engine/alerts dis-
status, including autothrottle; play format;
(26) Radio altitude (when an informa- (57) Thrust command (when an infor-
tion source is installed); mation source is installed);
(27) Localizer deviation, MLS Azi- (58) Thrust target (when an informa-
muth; tion source is installed);
spaschal on DSKJM0X7X2PROD with CFR

(28) Glideslope deviation, MLS Ele- (59) Fuel quantity in CG trim tank
vation; (when an information source is in-
(29) Marker beacon passage; stalled);

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§ 121.344 14 CFR Ch. I (1–1–21 Edition)

(60) Primary Navigation System Ref- (89) Yaw damper status;


erence; (90) Yaw damper command; and
(61) Icing (when an information (91) Standby rudder valve status.
source is installed); (b) For all turbine-engine powered
(62) Engine warning each engine vi- transport category airplanes manufac-
bration (when an information source is tured on or before October 11, 1991, by
installed); August 20, 2001.
(63) Engine warning each engine over (1) For airplanes not equipped as of
temp. (when an information source is July 16, 1996, with a flight data acquisi-
installed); tion unit (FDAU), the parameters list-
(64) Engine warning each engine oil ed in paragraphs (a)(1) through (a)(18)
pressure low (when an information of this section must be recorded within
source is installed); the ranges and accuracies specified in
(65) Engine warning each engine over Appendix B of this part, and—
speed (when an information source is (i) For airplanes with more than two
installed); engines, the parameter described in
(66) Yaw trim surface position; paragraph (a)(18) is not required unless
(67) Roll trim surface position; sufficient capacity is available on the
(68) Brake pressure (selected system); existing recorder to record that param-
(69) Brake pedal application (left and eter;
right); (ii) Parameters listed in paragraphs
(70) Yaw or sideslip angle (when an (a)(12) through (a)(17) each may be re-
information source is installed); corded from a single source.
(71) Engine bleed valve position (2) For airplanes that were equipped
(when an information source is in- as of July 16, 1996, with a flight data
stalled); acquisition unit (FDAU), the param-
(72) De-icing or anti-icing system se- eters listed in paragraphs (a)(1)
lection (when an information source is through (a)(22) of this section must be
installed); recorded within the ranges, accuracies,
(73) Computed center of gravity and recording intervals specified in Ap-
(when an information source is in- pendix M of this part. Parameters list-
stalled); ed in paragraphs (a)(12) through (a)(17)
(74) AC electrical bus status; each may be recorded from a single
(75) DC electrical bus status; source.
(76) APU bleed valve position (when (3) The approved flight recorder re-
an information source is installed); quired by this section must be installed
(77) Hydraulic pressure (each sys- at the earliest time practicable, but no
tem); later than the next heavy maintenance
(78) Loss of cabin pressure; check after August 18, 1999 and no later
(79) Computer failure; than August 20, 2001. A heavy mainte-
(80) Heads-up display (when an infor- nance check is considered to be any
mation source is installed); time an airplane is scheduled to be out
(81) Para-visual display (when an in- of service for 4 or more days and is
formation source is installed); scheduled to include access to major
(82) Cockpit trim control input posi- structural components.
tion—pitch; (c) For all turbine-engine powered
(83) Cockpit trim control input posi- transport category airplanes manufac-
tion—roll; tured on or before October 11, 1991—
(84) Cockpit trim control input posi- (1) That were equipped as of July 16,
tion—yaw; 1996, with one or more digital data
(85) Trailing edge flap and cockpit bus(es) and an ARINC 717 digital flight
flap control position; data acquisition unit (DFDAU) or
(86) Leading edge flap and cockpit equivalent, the parameters specified in
flap control position; paragraphs (a)(1) through (a)(22) of this
(87) Ground spoiler position and speed section must be recorded within the
brake selection; ranges, accuracies, resolutions, and
spaschal on DSKJM0X7X2PROD with CFR

(88) All cockpit flight control input sampling intervals specified in Appen-
forces (control wheel, control column, dix M of this part by August 20, 2001.
rudder pedal); Parameters listed in paragraphs (a)(12)

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Federal Aviation Administration, DOT § 121.344

through (a)(14) each may be recorded must also comply with the require-
from a single source. ments of paragraph (n) of this section,
(2) Commensurate with the capacity as applicable.
of the recording system (DFDAU or (f) For all turbine-engine-powered
equivalent and the DFDR), all addi- transport category airplanes manufac-
tional parameters for which informa- tured after August 19, 2002—
tion sources are installed and which (1) The parameters listed in para-
are connected to the recording system graphs (a)(1) through (a)(88) of this sec-
must be recorded within the ranges, ac- tion must be recorded within the
curacies, resolutions, and sampling in- ranges, accuracies, resolutions, and re-
tervals specified in Appendix M of this cording intervals specified in appendix
part by August 20, 2001. M to this part.
(3) That were subject to § 121.343(e) of (2) In addition to the requirements of
this part, all conditions of § 121.343(e) paragraphs (f)(1) of this section, all
must continue to be met until compli- Boeing 737 model airplanes must also
ance with paragraph (c)(1) of this sec- comply with the requirements of para-
tion is accomplished. graph (n) of this section.
(d) For all turbine-engine-powered (g) Whenever a flight data recorder
transport category airplanes that were required by this section is installed, it
manufactured after October 11, 1991— must be operated continuously from
(1) The parameters listed in para- the instant the airplane begins its
graph (a)(1) through (a)(34) of this sec- takeoff roll until it has completed its
tion must be recorded within the landing roll.
ranges, accuracies, resolutions, and re- (h) Except as provided in paragraph
cording intervals specified in Appendix (i) of this section, and except for re-
M of this part by August 20, 2001. Pa- corded data erased as authorized in
rameters listed in paragraphs (a)(12) this paragraph, each certificate holder
through (a)(14) each may be recorded shall keep the recorded data prescribed
from a single source. by this section, as appropriate, until
(2) Commensurate with the capacity the airplane has been operated for at
of the recording system, all additional least 25 hours of the operating time
parameters for which information specified in § 121.359(a) of this part. A
sources are installed and which are total of 1 hour of recorded data may be
connected to the recording system erased for the purpose of testing the
must be recorded within the ranges, ac- flight recorder or the flight recorder
curacies, resolutions, and sampling in- system. Any erasure made in accord-
tervals specified in Appendix M of this ance with this paragraph must be of
part by August 20, 2001. the oldest recorded data accumulated
(e) For all turbine-engine-powered at the time of testing. Except as pro-
transport category airplanes that are vided in paragraph (i) of this section,
manufactured after August 18, 2000— no record need be kept more than 60
(1) The parameters listed in para- days.
graph (a)(1) through (57) of this section (i) In the event of an accident or oc-
must be recorded within the ranges, ac- currence that requires immediate noti-
curacies, resolutions, and recording in- fication of the National Transportation
tervals specified in Appendix M of this Safety Board under 49 CFR 830 of its
part. regulations and that results in termi-
(2) Commensurate with the capacity nation of the flight, the certificate
of the recording system, all additional holder shall remove the recorder from
parameters for which information the airplane and keep the recorder data
sources are installed and which are prescribed by this section, as appro-
connected to the recording system, priate, for at least 60 days or for a
must be recorded within the ranges, ac- longer period upon the request of the
curacies, resolutions, and sampling in- Board or the Administrator.
tervals specified in Appendix M of this (j) Each flight data recorder system
part. required by this section must be in-
spaschal on DSKJM0X7X2PROD with CFR

(3) In addition to the requirements of stalled in accordance with the require-


paragraphs (e)(1) and (e)(2) of this sec- ments of § 25.1459(a) (except paragraphs
tion, all Boeing 737 model airplanes (a)(3)(ii) and (a)(7)), (b), (d) and (e) of

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§ 121.344a 14 CFR Ch. I (1–1–21 Edition)

this chapter. A correlation must be es- craft Corporation Electra 10–E, Lock-
tablished between the values recorded heed Aircraft Corporation Electra L–
by the flight data recorder and the cor- 188, Lockheed Martin Model 382 (L–100)
responding values being measured. The Hercules, Maryland Air Industries, Inc.
correlation must contain a sufficient F27, Mitsubishi Heavy Industries, Ltd.
number of correlation points to accu- YS–11, Short Bros. Limited SD3–30,
rately establish the conversion from Short Bros. Limited SD3–60.
the recorded values to engineering (m) All aircraft subject to the re-
units or discrete state over the full op- quirements of this section that are
erating range of the parameter. Except manufactured on or after April 7, 2010,
for airplanes having separate altitude must have a digital flight data recorder
and airspeed sensors that are an inte- installed that also—
gral part of the flight data recorder (1) Meets the requirements of
system, a single correlation may be es- § 25.1459(a)(3), (a)(7), and (a)(8) of this
tablished for any group of airplanes— chapter; and
(1) That are of the same type; (2) Retains the 25 hours of recorded
(2) On which the flight recorder sys- information required in paragraph (h)
tem and its installation are the same; of this section using a recorder that
and meets the standards of TSO–C124a, or
(3) On which there is no difference in later revision.
the type design with respect to the in- (n) In addition to all other applicable
stallation of those sensors associated requirements of this section, all Boeing
with the flight data recorder system. 737 model airplanes manufactured after
Documentation sufficient to convert August 18, 2000 must record the param-
recorded data into the engineering eters listed in paragraphs (a)(88)
units and discrete values specified in through (a)(91) of this section within
the applicable appendix must be main- the ranges, accuracies, resolutions, and
tained by the certificate holder. recording intervals specified in Appen-
(k) Each flight data recorder required dix M to this part. Compliance with
by this section must have an approved this paragraph is required no later
device to assist in locating that re- than February 2, 2011.
corder under water.
[Doc. No. 28109, 62 FR 38378, July 17, 1997; 62
(l) The following airplanes that were FR 48135, Sept. 12, 1997, as amended by Amdt.
manufactured before August 18, 1997 121–300, 68 FR 42936, July 18, 2003; 68 FR 50069,
need not comply with this section, but Aug. 20, 2003; Amdt. 121–338, 73 FR 12565, Mar.
must continue to comply with applica- 7, 2008; Amdt. 121–342, 73 FR 73178, Dec. 2,
ble paragraphs of § 121.343 of this chap- 2008; Amdt. 121–338, 74 FR 32800, July 9, 2009]
ter, as appropriate:
(1) Airplanes that meet the State 2 § 121.344a Digital flight data recorders
noise levels of part 36 of this chapter for 10–19 seat airplanes.
and are subject to § 91.801(c) of this (a) Except as provided in paragraph
chapter, until January 1, 2000. On and (f) of this section, no person may oper-
after January 1, 2000, any Stage 2 air- ate under this part a turbine-engine-
plane otherwise allowed to be operated powered airplane having a passenger
under Part 91 of this chapter must seating configuration, excluding any
comply with the applicable flight data required crewmember seat, of 10 to 19
recorder requirements of this section seats, that was brought onto the U.S.
for that airplane. register after, or was registered outside
(2) British Aerospace 1–11, General the United States and added to the op-
Dynamics Convair 580, General Dynam- erator’s U.S. operations specifications
ics Convair 600, General Dynamics after, October 11, 1991, unless it is
Convair 640, deHavilland Aircraft Com- equipped with one or more approved
pany Ltd. DHC–7, Fairchild Industries flight recorders that use a digital
FH 227, Fokker F–27 (except Mark 50), method of recording and storing data
F–28 Mark 1000 and Mark 4000, Gulf- and a method of readily retrieving that
stream Aerospace G–159, Jetstream 4100 data from the storage medium. On or
spaschal on DSKJM0X7X2PROD with CFR

Series, Lockheed Aircraft Corporation before August 20, 2001, airplanes


Electra 10–A, Lockheed Aircraft Cor- brought onto the U.S. register after Oc-
poration Electra 10–B, Lockheed Air- tober 11, 1991, must comply with either

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Federal Aviation Administration, DOT § 121.344a

the requirements in this section or the this part, must be recorded within the
applicable paragraphs in § 135.152 of this ranges, accuracies, resolutions, and re-
chapter. In addition, by August 20, 2001. cording intervals specified in Appendix
(1) The parameters listed in M of this part.
§§ 121.344(a)(1) through 121.344(a)(18) of (2) Commensurate with the capacity
this part must be recorded with the of the recording system, all additional
ranges, accuracies, and resolutions parameters listed in § 121.344(a) of this
specified in Appendix B of part 135 of part for which information sources are
this chapter, except that— installed and which are connected to
(i) Either the parameter listed in the recording system, must be recorded
§ 121.344 (a)(12) or (a)(15) of this part within the ranges, accuracies, resolu-
must be recorded; either the param- tions, and sampling intervals specified
eters listed in § 121.344(a)(13) or (a)(16) in Appendix M of this part by August
of this part must be recorded; and ei- 20, 2001.
ther the parameter listed in (c) For all turbine-engine-powered
§ 121.344(a)(14) or (a)(17) of this part airplanes having a passenger seating
must be recorded. configuration, excluding any required
(ii) For airplanes with more than two crewmember seats, of 10 to 19 seats,
engines, the parameter described in that are manufactured after August 19,
§ 121.344(a)(18) of this part must also be 2002, the parameters listed in
recorded if sufficient capacity is avail- § 121.344(a)(1) through (a)(88) of this
able on the existing recorder to record part must be recorded within the
that parameter; ranges, accuracies, resolutions, and re-
(iii) Parameters listed in cording intervals specified in Appendix
§§ 121.344(a)(12) through 121.344(a)(17) of M of this part.
this part each may be recorded from a (d) Each flight data recorder system
single source; required by this section must be in-
(iv) Any parameter for which no stalled in accordance with the require-
value is contained in Appendix B of ments of § 23.1459(a) (except paragraphs
part 135 of this chapter must be re- (a)(3)(ii) and (6)), (b), (d) and (e) of this
corded within the ranges, accuracies, chapter. A correlation must be estab-
and resolutions specified in Appendix lished between the values recorded by
M of this part. the flight data recorder and the cor-
(2) Commensurate with the capacity responding values being measured. The
of the recording system (FDAU or correlation must contain a sufficient
equivalent and the DFDR), the param- number of correlation points to accu-
eters listed in §§ 121.344(a)(19) through rately establish the conversion from
121.344(a)(22) of this part also must be the recorded values to engineering
recorded within the ranges, accuracies, units or discrete state over the full op-
resolutions, and recording intervals erating range of the parameter. A sin-
specified in Appendix B of part 135 of gle correlation may be established for
this chapter. any group of airplanes—
(3) The approved flight recorder re- (1) That are of the same type;
quired by this section must be installed (2) On which the flight recorder sys-
as soon as practicable, but no later tem and its installation are the same;
than the next heavy maintenance and
check or equivalent after August 18, (3) On which there is no difference in
1999. A heavy maintenance check is the type design with respect to the in-
considered to be any time an airplane stallation of those sensors associated
is scheduled to be out of service for 4 with the flight data recorder system.
more days and is scheduled to include Correlation documentation must be
access to major structural components. maintained by the certificate holder.
(b) For a turbine-engine-powered air- (e) All airplanes subject to this sec-
planes having a passenger seating con- tion are also subject to the require-
figuration, excluding any required ments and exceptions stated in
crewmember seat, of 10 to 19 seats, that § 121.344(g) through (k) and § 121.346.
spaschal on DSKJM0X7X2PROD with CFR

are manufactured after August 18, 2000. (f) For airplanes that were manufac-
(1) The parameters listed in tured before August 18, 1997, the fol-
§§ 121.344(a)(1) through 121.344(a)(57) of lowing airplane types need not comply

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§ 121.345 14 CFR Ch. I (1–1–21 Edition)

with this section, but must continue to (2) After January 1, 1992: The appro-
comply with applicable paragraphs of priate class of TSO-C112 (Mode S). For
§ 135.152 of this chapter, as appropriate: purposes of paragraph (c) (2) of this sec-
Beech Aircraft–99 Series, Beech Air- tion, ‘‘installation’’ does not include—
craft 1300, Beech Aircraft 1900C, (i) Temporary installation of TSO-
Construcciones Aeronauticas, S.A. C74b or TSO-C74c substitute equip-
(CASA) C–212, deHavilland DHC–6, ment, as appropriate, during mainte-
Dornier 228, HS–748, Embraer EMB 110, nance of the permanent equipment;
Jetstream 3101, Jetstream 3201, Fair- (ii) Reinstallation of equipment after
child Aircraft SA–226, Fairchild Metro temporary removal for maintenance; or
SA–227. (iii) For fleet operations, installation
(g) All airplanes subject to the re- of equipment in a fleet aircraft after
quirements of this section that are removal of the equipment for mainte-
manufactured on or after April 7, 2010, nance from another aircraft in the
must have a digital flight data recorder same operator’s fleet.
installed that also— [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
(1) Meets the requirements in amended by Amdt. 121–101, 37 FR 28499, Dec.
§ 23.1459(a)(3), (a)(6), and (a)(7) or 27, 1972; Amdt. 121–190, 52 FR 3391, Feb. 3,
§ 25.1459(a)(3), (a)(7), and (a)(8) of this 1987]
chapter, as applicable; and
§ 121.346 Flight data recorders: fil-
(2) Retains the 25 hours of recorded tered data.
information required in § 121.344(g)
using a recorder that meets the stand- (a) A flight data signal is filtered
when an original sensor signal has been
ards of TSO–C124a, or later revision.
changed in any way, other than
[Doc. No. 28109, 62 FR 38380, July 17, 1997; 62 changes necessary to:
FR 48135, Sept. 12, 1997; 62 FR 65202, Dec. 11, (1) Accomplish analog to digital con-
1997, as amended by Amdt. 121–300, 68 FR version of the signal;
42936, July 18, 2003; Amdt. 121–338, 73 FR (2) Format a digital signal to be
12566, Mar. 7, 2008; Amdt. 121–338, 74 FR 32801,
DFDR compatible; or
July 9, 2009; Amdt. 121–347, 75 FR 7356, Feb.
19, 2010] (3) Eliminate a high frequency com-
ponent of a signal that is outside the
§ 121.345 Radio equipment. operational bandwidth of the sensor.
(b) An original sensor signal for any
(a) No person may operate an air- flight recorder parameter required to
plane unless it is equipped with radio be recorded under § 121.344 may be fil-
equipment required for the kind of op- tered only if the recorded signal value
eration being conducted. continues to meet the requirements of
(b) Where two independent (separate Appendix B or M of this part, as appli-
and complete) radio systems are re- cable.
quired by §§ 121.347 and 121.349, each (c) For a parameter described in
system must have an independent an- § 121.344(a) (12) through (17), (42), or (88),
tenna installation except that, where or the corresponding parameter in Ap-
rigidly supported nonwire antennas or pendix B of this part, if the recorded
other antenna installations of equiva- signal value is filtered and does not
lent reliability are used, only one an- meet the requirements of Appendix B
tenna is required. or M of this part, as applicable, the cer-
(c) ATC transponder equipment in- tificate holder must:
stalled within the time periods indi- (1) Remove the filtering and ensure
cated below must meet the perform- that the recorded signal value meets
ance and environmental requirements the requirements of Appendix B or M of
of the following TSO’s: this part, as applicable; or
(1) Through January 1, 1992: (i) Any (2) Demonstrate by test and analysis
class of TSO-C74b or any class of TSO- that the original sensor signal value
C74c as appropriate, provided that the can be reconstructed from the recorded
equipment was manufactured before data. This demonstration requires
spaschal on DSKJM0X7X2PROD with CFR

January 1, 1990; or that:


(ii) The appropriate class of TSO-C112 (i) The FAA determine that the pro-
(Mode S). cedure and the test results submitted

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Federal Aviation Administration, DOT § 121.349

by the certificate holder as its compli- § 121.347 Communication and naviga-


ance with paragraph (c)(2) of this sec- tion equipment for operations
tion are repeatable; and under VFR over routes navigated
(ii) The certificate holder maintains by pilotage.
documentation of the procedure re- (a) No person may operate an air-
quired to reconstruct the original sen- plane under VFR over routes that can
sor signal value. This documentation is be navigated by pilotage unless the air-
also subject to the requirements of plane is equipped with the radio com-
§ 121.344(i). munication equipment necessary under
(d) Compliance. Compliance is re- normal operating conditions to fulfill
quired as follows: the following:
(1) Communicate with at least one
(1) No later than October 20, 2011,
appropriate station from any point on
each operator must determine, for each
the route;
airplane on its operations specifica- (2) Communicate with appropriate air
tions, whether the airplane’s DFDR traffic control facilities from any point
system is filtering any of the param- within Class B, Class C, or Class D air-
eters listed in paragraph (c) of this sec- space, or within a Class E surface area
tion. The operator must create a record designated for an airport in which
of this determination for each airplane flights are intended; and
it operates, and maintain it as part of (3) Receive meteorological informa-
the correlation documentation re- tion from any point en route by either
quired by § 121.344(j)(3) of this part. of two independent systems. One of the
(2) For airplanes that are not fil- means provided to comply with this
tering any listed parameter, no further subparagraph may be used to comply
action is required unless the airplane’s with paragraphs (a)(1) and (2) of this
DFDR system is modified in a manner section.
that would cause it to meet the defini- (b) No person may operate an air-
tion of filtering on any listed param- plane at night under VFR over routes
eter. that can be navigated by pilotage un-
(3) For airplanes found to be filtering less that airplane is equipped with—
a parameter listed in paragraph (c) of (1) Radio communication equipment
this section, the operator must either: necessary under normal operating con-
ditions to fulfill the functions specified
(i) No later than April 21, 2014, re-
in paragraph (a) of this section; and
move the filtering; or
(2) Navigation equipment suitable for
(ii) No later than April 22, 2013, sub- the route to be flown.
mit the necessary procedure and test
results required by paragraph (c)(2) of [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
amended by Amdt. 121–226, 56 FR 65663, Dec.
this section.
17, 1991; Amdt. 121–333, 72 FR 31681, June 7,
(4) After April 21, 2014, no aircraft 2007]
flight data recording system may filter
any parameter listed in paragraph (c) § 121.349 Communication and naviga-
of this section that does not meet the tion equipment for operations
requirements of Appendix B or M of under VFR over routes not navi-
gated by pilotage or for operations
this part, unless the certificate holder under IFR or over the top.
possesses test and analysis procedures
and the test results that have been ap- (a) Navigation equipment require-
proved by the FAA. All records of ments—General. No person may conduct
tests, analysis and procedures used to operations under VFR over routes that
cannot be navigated by pilotage, or op-
comply with this section must be
erations conducted under IFR or over
maintained as part of the correlation
the top, unless—
documentation required by (1) The en route navigation aids nec-
§ 121.344(j)(3) of this part. essary for navigating the airplane
[Doc. No. FAA–2006–26135, 75 FR 7356, Feb. 19, along the route (e.g., ATS routes, ar-
spaschal on DSKJM0X7X2PROD with CFR

2010] rival and departure routes, and instru-


ment approach procedures, including
missed approach procedures if a missed

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§ 121.351 14 CFR Ch. I (1–1–21 Edition)

approach routing is specified in the suitable airport by use of the remain-


procedure) are available and suitable ing navigation system, and complete
for use by the aircraft navigation sys- an instrument approach and land.
tems required by this section; (d) Use of VOR navigation equipment.
(2) The airplane used in those oper- If VOR navigation equipment is used to
ations is equipped with at least— comply with paragraph (a) or (c) of this
(i) Except as provided in paragraph section, no person may operate an air-
(c) of this section, two approved inde- plane unless it is equipped with at least
pendent navigation systems suitable one approved DME or suitable RNAV
for navigating the airplane along the system.
route to be flown within the degree of (e) Additional communication system
accuracy required for ATC; equipment requirements for operators sub-
(ii) One marker beacon receiver pro- ject to § 121.2. In addition to the require-
viding visual and aural signals; and ments in paragraph (b) of this section,
(iii) One ILS receiver; and no person may operate an airplane hav-
(3) Any RNAV system used to meet ing a passenger seat configuration of 10
the navigation equipment require- to 30 seats, excluding each crewmember
ments of this section is authorized in seat, and a maximum payload capacity
the certificate holder’s operations of 7,500 pounds or less, under IFR, over
specifications. the top, or in extended over-water op-
(b) Communication equipment require- erations unless it is equipped with at
ments. No person may operate an air- least—
plane under VFR over routes that can- (1) Two microphones; and
not be navigated by pilotage, and no (2) Two headsets, or one headset and
person may operate an airplane under one speaker.
IFR or over the top, unless the airplane [Doc. No. FAA–2002–14002, 72 FR 31681, June 7,
is equipped with— 2007]
(1) At least two independent commu-
nication systems necessary under nor- § 121.351 Communication and naviga-
mal operating conditions to fulfill the tion equipment for extended over-
functions specified in § 121.347 (a); and water operations and for certain
(2) At least one of the communica- other operations.
tion systems required by paragraph (a) Except as provided in paragraph
(b)(1) of this section must have two- (c) of this section, no person may con-
way voice communication capability. duct an extended over-water operation
(c) Use of a single independent naviga- unless the airplane is equipped with at
tion system for operations under VFR over least two independent long-range navi-
routes that cannot be navigated by pilot- gation systems and at least two inde-
age, or operations conducted under IFR pendent long-range communication
or over the top. Notwithstanding the re- systems necessary under normal oper-
quirements of paragraph (a)(2)(i) of this ating conditions to fulfill the following
section, the airplane may be equipped functions—
with a single independent navigation (1) Communicate with at least one
system suitable for navigating the air- appropriate station from any point on
plane along the route to be flown with- the route;
in the degree of accuracy required for (2) Receive meteorological informa-
ATC if: tion from any point on the route by ei-
(1) It can be shown that the airplane ther of two independent communica-
is equipped with at least one other tion systems. One of the communica-
independent navigation system suit- tion systems used to comply with this
able, in the event of loss of the naviga- paragraph may be used to comply with
tion capability of the single inde- paragraphs (a)(1) and (a)(3) of this sec-
pendent navigation system permitted tion; and
by this paragraph at any point along (3) At least one of the communica-
the route, for proceeding safely to a tion systems must have two-way voice
suitable airport and completing an in- communication capability.
spaschal on DSKJM0X7X2PROD with CFR

strument approach; and (b) No certificate holder conducting a


(2) The airplane has sufficient fuel so flag or supplemental operation or a do-
that the flight may proceed safely to a mestic operation within the State of

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Federal Aviation Administration, DOT § 121.354

Alaska may conduct an operation with- placing (or recharging) the battery
out the equipment specified in para- must be legibly marked on the outside
graph (a) of this section, if the Admin- of the transmitter. The battery useful
istrator finds that equipment to be life (or useful life of charge) require-
necessary for search and rescue oper- ments of this paragraph do not apply
ations because of the nature of the ter- to batteries (such as water-activated
rain to be flown over. batteries) that are essentially unaf-
(c) Notwithstanding the require- fected during probable storage inter-
ments of paragraph (a) of this section, vals.
installation and use of a single LRNS (c) Enough survival kits, appro-
and a single LRCS may be authorized
priately equipped for the route to be
by the Administrator and approved in
flown for the number of occupants of
the certificate holder’s operations
the airplane.
specifications for operations and routes
in certain geographic areas. The fol- [Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
lowing are among the operational fac- amended by Amdt. 121–79, 36 FR 18724, Sept.
tors the Administrator may consider in 21, 1971; Amdt. 121–106, 38 FR 22378 Aug. 20,
granting an authorization: 1973; Amdt. 121–158, 45 FR 38348, June 9, 1980;
(1) The ability of the flightcrew to Amdt. 121–239, 59 FR 32057, June 21, 1994;
navigate the airplane along the route Amdt. 121–251, 60 FR 65932, Dec. 20, 1995]
within the degree of accuracy required
for ATC, § 121.354 Terrain awareness and warn-
ing system.
(2) The length of the route being
flown, and (a) Airplanes manufactured after March
(3) The duration of the very high fre- 29, 2002. No person may operate a tur-
quency communications gap. bine-powered airplane unless that air-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as plane is equipped with an approved ter-
amended by Amdt. 121–253, 61 FR 2611, Jan. rain awareness and warning system
26, 1996; Amdt. 121–254, 61 FR 7191, Feb. 26, that meets the requirements for Class
1996; Amdt. 121–333, 72 FR 31682, June 7, 2007] A equipment in Technical Standard
Order (TSO)–C151. The airplane must
§ 121.353 Emergency equipment for op- also include an approved terrain situa-
erations over uninhabited terrain
areas: Flag, supplemental, and cer- tional awareness display.
tain domestic operations. (b) Airplanes manufactured on or before
Unless the airplane has the following March 29, 2002. No person may operate
equipment, no person may conduct a a turbine-powered airplane after March
flag or supplemental operation or a do- 29, 2005, unless that airplane is
mestic operation within the States of equipped with an approved terrain
Alaska or Hawaii over an uninhabited awareness and warning system that
area or any other area that (in its oper- meets the requirements for Class A
ations specifications) the Adminis- equipment in Technical Standard Order
trator specifies required equipment for (TSO)–C151. The airplane must also in-
search and rescue in case of an emer- clude an approved terrain situational
gency: awareness display.
(a) Suitable pyrotechnic signaling de-
(Approved by the Office of Management and
vices. Budget under control number 2120–0631)
(b) An approved survival type emer-
gency locator transmitter. Batteries (c) Airplane Flight Manual. The Air-
used in this transmitter must be re- plane Flight Manual shall contain ap-
placed (or recharged, if the battery is propriate procedures for—
rechargeable) when the transmitter has (1) The use of the terrain awareness
been in use for more than 1 cumulative and warning system; and
hour, or when 50 percent of their useful (2) Proper flight crew reaction in re-
life (or for rechargeable batteries, 50 sponse to the terrain awareness and
percent of their useful life of charge) warning system audio and visual warn-
spaschal on DSKJM0X7X2PROD with CFR

has expired, as established by the ings.


transmitter manufacturer under its ap-
proval. The new expiration date for re- [Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]

139

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§ 121.355 14 CFR Ch. I (1–1–21 Edition)

§ 121.355 Equipment for operations on COLLISION AVOIDANCE SYSTEMS—Continued


which specialized means of naviga-
tion are used. Then you must operate that airplane
If you operate any— with—
(a) No certificate holder may conduct
(b) Passenger or (1) TCAS I that meets TSO C–118, or
an operation— combination a later version, or
(1) Using Doppler Radar or an Iner- cargo/passenger (2) A collision avoidance system equiv-
tial Navigation System outside the 48 (combi) airplane alent to has a TSO C–118, or a later
contiguous States and the District of that has a pas- version, or
senger seat con- (3) A collision avoidance system and
Columbia, unless such systems have figuration of 10– Mode S transponder that meet para-
been approved in accordance with ap- 30 seats. graph (a)(1) of this section.
pendix G to this part; or (c) Piston-powered (1) TCAS I that meets TSO C–118, or
airplane of more a later version, or
(2) Using Doppler Radar or an Iner- than 33,000 (2) A collision avoidance system equiv-
tial Navigation System within the 48 pounds maximum alent to maximum TSO C–118, or a
contiguous States and the District of certificated take- later version, or
Columbia, or any other specialized off weight. (3) A collision avoidance system and
Mode S transponder that meet para-
means of navigation, unless it shows graph (a)(1) of this section.
that an adequate airborne system is
provided for the specialized navigation
[Doc. No. FAA–2001–10910, 68 FR 15902, Apr. 1,
authorized for the particular operation.
2003]
(b) Notwithstanding paragraph (a) of
this section, Doppler Radar and Iner- § 121.357 Airborne weather radar
tial Navigation Systems, and the train- equipment requirements.
ing programs, maintenance programs, (a) No person may operate any trans-
relevant operations manual material, port category airplane (except C–46
and minimum equipment lists prepared type airplanes) or a nontransport cat-
in accordance therewith, approved be- egory airplane certificated after De-
fore April 29, 1972, are not required to cember 31, 1964, unless approved air-
be approved in accordance with that borne weather radar equipment has
paragraph. been installed in the airplane.
[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972] (b) [Reserved]
(c) Each person operating an airplane
§ 121.356 Collision avoidance system. required to have approved airborne
Effective January 1, 2005, any air- weather radar equipment installed
plane you operate under this part must shall, when using it under this part, op-
be equipped and operated according to erate it in accordance with the fol-
the following table: lowing:
(1) Dispatch. No person may dispatch
COLLISION AVOIDANCE SYSTEMS an airplane (or begin the flight of an
airplane in the case of a certificate
Then you must operate that airplane
If you operate any— with— holder, that does not use a dispatch
system) under IFR or night VFR condi-
(a) Turbine-powered (1) An appropriate class of Mode S tions when current weather reports in-
airplane of more transponder that meets Technical
than 33,000 Standard Order (TSO) C–112, or a dicate that thunderstorms, or other po-
pounds maximum later version, and one of the fol- tentially hazardous weather conditions
certificated take- lowing approved units: that can be detected with airborne
off weight. (i) TCAS II that meets TSO C–119b weather radar, may reasonably be ex-
(version 7.0), or takeoff weight a
later version. pected along the route to be flown, un-
(ii) TCAS II that meets TSO C–119a less the airborne weather radar equip-
(version 6.04A Enhanced) that was ment is in satisfactory operating con-
installed in that airplane before May
1, 2003. If that TCAS II version
dition.
6.04A Enhanced no longer can be (2) If the airborne weather radar be-
repaired to TSO C–119a standards, comes inoperative en route, the air-
it must be replaced with a TCAS II plane must be operated in accordance
that meets TSO C–119b (version
7.0), or a later version. with the approved instructions and
(iii) A collision avoidance system equiv- procedures specified in the operations
alent to TSO C–119b (version 7.0), manual for such an event.
spaschal on DSKJM0X7X2PROD with CFR

or a later version, capable of coordi- (d) This section does not apply to air-
nating with units that meet TSO C–
119a (version 6.04A Enhanced), or a planes used solely within the State of
later version. Hawaii or within the State of Alaska

140

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Federal Aviation Administration, DOT § 121.359

and that part of Canada west of lon- windshear detection and avoidance sys-
gitude 130 degrees W, between latitude tem, or an approved combination of
70 degrees N, and latitude 53 degrees N, these systems.
or during any training, test, or ferry (c) Extension of the compliance date. A
flight. certificate holder may obtain an exten-
(e) Notwithstanding any other provi- sion of the compliance date in para-
sion of this chapter, an alternate elec- graph (b) of this section if it obtains
trical power supply is not required for FAA approval of a retrofit schedule. To
airborne weather radar equipment. obtain approval of a retrofit schedule
and show continued compliance with
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as
amended by Amdt. 121–18, 31 FR 5825, Apr. 15,
that schedule, a certificate holder must
1966; Amdt. 121–130, 41 FR 47229, Oct. 28, 1976; do the following:
Amdt. 121–251, 60 FR 65932, Dec. 20, 1995] (1) Submit a request for approval of a
retrofit schedule by June 1, 1990, to the
§ 121.358 Low-altitude windshear sys- appropriate Flight Standards division
tem equipment requirements. manager in the responsible Flight
(a) Airplanes manufactured after Janu- Standards office.
ary 2, 1991. No person may operate a (2) Show that all of the certificate
turbine-powered airplane manufac- holder’s airplanes required to be
tured after January 2, 1991, unless it is equipped in accordance with this sec-
equipped with either an approved air- tion will be equipped by the final com-
borne windshear warning and flight pliance date established for TCAS II
guidance system, an approved airborne retrofit.
detection and avoidance system, or an (3) Comply with its retrofit schedule
approved combination of these sys- and submit status reports containing
tems. information acceptable to the Adminis-
(b) Airplanes manufactured before Jan- trator. The initial report must be sub-
uary 3, 1991. Except as provided in para- mitted by January 2, 1991, and subse-
graph (c) of this section, after January quent reports must be submitted every
2, 1991, no person may operate a tur- six months thereafter until completion
bine-powered airplane manufactured of the schedule. The reports must be
before January 3, 1991 unless it meets submitted to the certificate holder’s
one of the following requirements as assigned Principal Avionics Inspector.
applicable. (d) Definitions. For the purposes of
(1) The makes/models/series listed this section the following definitions
below must be equipped with either an apply—
approved airborne windshear warning (1) Turbine-powered airplane includes,
and flight guidance system, an ap- e.g., turbofan-, turbojet-, propfan-, and
proved airborne detection and avoid- ultra-high bypass fan-powered air-
ance system, or an approved combina- planes. The definition specifically ex-
tion of these systems: cludes turbopropeller-powered air-
(i) A–300–600; planes.
(ii) A–310—all series; (2) An airplane is considered manu-
(iii) A–320—all series; factured on the date the inspection ac-
(iv) B–737–300, 400, and 500 series; ceptance records reflect that the air-
(v) B–747–400; plane is complete and meets the FAA
(vi) B–757—all series; Approved Type Design data.
(vii) B–767—all series; [Doc. No. 25954, 55 FR 13242, Apr. 9, 1990, as
(viii) F–100—all series; amended by Docket FAA–2018–0119, Amdt.
(ix) MD–11—all series; and 121–380, 83 FR 9173, Mar. 5, 2018]
(x) MD–80 series equipped with an
EFIS and Honeywell-970 digital flight § 121.359 Cockpit voice recorders.
guidance computer. (a) No certificate holder may operate
(2) All other turbine-powered air- a large turbine engine powered airplane
planes not listed above must be or a large pressurized airplane with
equipped with as a minimum require- four reciprocating engines unless an
spaschal on DSKJM0X7X2PROD with CFR

ment, an approved airborne windshear approved cockpit voice recorder is in-


warning system. These airplanes may stalled in that airplane and is operated
be equipped with an approved airborne continuously from the start of the use

141

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§ 121.359 14 CFR Ch. I (1–1–21 Edition)

of the checklist (before starting en- (f) In complying with this section, an
gines for the purpose of flight), to com- approved cockpit voice recorder having
pletion of the final checklist at the ter- an erasure feature may be used, so that
mination of the flight. at any time during the operation of the
(b) [Reserved] recorder, information recorded more
(c) The cockpit voice recorder re- than 30 minutes earlier may be erased
quired by paragraph (a) of this section or otherwise obliterated.
must meet the following application (g) For those aircraft equipped to
standards: record the uninterrupted audio signals
(1) The requirements of part 25 of this received by a boom or a mask micro-
chapter in affect on August 31, 1977. phone, the flight crewmembers are re-
(2) After September 1, 1980, each re- quired to use the boom microphone
corder container must— below 18,000 feet mean sea level. No
(i) Be either bright orange or bright person may operate a large turbine en-
yellow; gine powered airplane or a large pres-
surized airplane with four recipro-
(ii) Have reflective tape affixed to the
cating engines manufactured after Oc-
external surface to facilitate its loca-
tober 11, 1991, or on which a cockpit
tion under water; and
voice recorder has been installed after
(iii) Have an approved underwater lo-
October 11, 1991, unless it is equipped to
cating device on or adjacent to the con-
record the uninterrupted audio signal
tainer which is secured in such a man-
received by a boom or mask micro-
ner that they are not likely to be sepa-
phone in accordance with § 25.1457(c)(5)
rated during crash impact, unless the
of this chapter.
cockpit voice recorder, and the flight
(h) In the event of an accident or oc-
recorder required by § 121.343, are in-
currence requiring immediate notifica-
stalled adjacent to each other in such a
tion of the National Transportation
manner that they are not likely to be
Safety Board under part 830 of its regu-
separated during crash impact.
lations, which results in the termi-
(d) No person may operate a multien- nation of the flight, the certificate
gine, turbine-powered airplane having holder shall keep the recorded informa-
a passenger seat configuration of 10–19 tion for at least 60 days or, if requested
seats unless it is equipped with an ap- by the Administrator or the Board, for
proved cockpit voice recorder that: a longer period. Information obtained
(1) Is installed in compliance with from the record is used to assist in de-
§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), termining the cause of accidents or oc-
(2) and (3), (e), (f), and (g); or currences in connection with investiga-
§ 25.1457(a)(1) and (2), (b), (c), (d)(1)(i), tions under part 830. The Adminis-
(2) and (3), (e), (f), and (g) of this chap- trator does not use the record in any
ter, as applicable; and civil penalty or certificate action.
(2) Is operated continuously from the (i) By April 7, 2012, all turbine en-
use of the checklist before the flight to gine-powered airplanes subject to this
completion of the final checklist at the section that are manufactured before
end of the flight. April 7, 2010, must have a cockpit voice
(e) No person may operate a multien- recorder installed that also—
gine, turbine-powered airplane having (1) Meets the requirements of
a passenger seat configuration of 20 to § 23.1457(d)(6) or § 25.1457(d)(6) of this
30 seats unless it is equipped with an chapter, as applicable;
approved cockpit voice recorder that— (2) Retains at least the last 2 hours of
(1) Is installed in accordance with the recorded information using a recorder
requirements of § 23.1457 (except para- that meets the standards of TSO–C123a,
graphs (a)(6), (d)(1)(ii), (4), and (5)) or or later revision; and
§ 25.1457 (except paragraphs (a)(6), (3) Is operated continuously from the
(d)(1)(ii), (4), and (5)) of this chapter, as use of the checklist before the flight to
applicable; and completion of the final checklist at the
(2) Is operated continuously from the end of the flight.
spaschal on DSKJM0X7X2PROD with CFR

use of the checklist before the flight to (4) If transport category, meets the
completion of the final checklist at the requirements in § 25.1457(a)(3), (a)(4),
end of the flight. and (a)(5) of this chapter.

142

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Federal Aviation Administration, DOT § 121.365

(j) All turbine engine-powered air- use of airframe components, power-


planes subject to this section that are plants, appliances, and spare parts
manufactured on or after April 7, 2010, thereof because those items have been
must have a cockpit voice recorder in- maintained, altered, or inspected by
stalled that also— persons employed outside the United
(1) Is installed in accordance with the States who do not hold U.S. airman
requirements of § 23.1457 (except for certificates. Each certificate holder
paragraph (a)(6) or § 25.1457 (except for who uses parts under this deviation
paragraph (a)(6)) of this chapter, as ap- must provide for surveillance of facili-
plicable; ties and practices to assure that all
(2) Retains at least the last 2 hours of work performed on these parts is ac-
recorded information using a recorder complished in accordance with the cer-
that meets the standards of TSO–C123a, tificate holder’s manual.
or later revision; and [Doc. No. 8754, 33 FR 14406, Sept. 25, 1968]
(3) Is operated continuously from the
use of the checklist before the flight to § 121.363 Responsibility for airworthi-
completion of the final checklist at the ness.
end of the flight. (a) Each certificate holder is pri-
(4) For all airplanes manufactured on marily responsible for—
or after December 6, 2010, also meets (1) The airworthiness of its aircraft,
the requirements of § 23.1457(a)(6) or including airframes, aircraft engines,
§ 25.1457(a)(6) of this chapter, as appli- propellers, appliances, and parts there-
cable. of; and
(k) All airplanes required by this part (2) The performance of the mainte-
to have a cockpit voice recorder and a nance, preventive maintenance, and al-
flight data recorder, that install teration of its aircraft, including air-
datalink communication equipment on frames, aircraft engines, propellers, ap-
or after December 6, 2010, must record pliances, emergency equipment, and
all datalink messages as required by parts thereof, in accordance with its
the certification rule applicable to the manual and the regulations of this
airplane. chapter.
(b) A certificate holder may make ar-
[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]
rangements with another person for
EDITORIAL NOTE: For FEDERAL REGISTER ci- the performance of any maintenance,
tations affecting § 121.359, see the List of CFR preventive maintenance, or alter-
Sections Affected, which appears in the ations. However, this does not relieve
Finding Aids section of the printed volume the certificate holder of the responsi-
and at www.govinfo.gov.
bility specified in paragraph (a) of this
§ 121.360 [Reserved] section.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as
Subpart L—Maintenance, Preven- amended by Amdt. 121–106, 38 FR 22378, Aug.
20, 1973]
tive Maintenance, and Alter-
ations § 121.365 Maintenance, preventive
maintenance, and alteration organi-
SOURCE: Docket No. 6258, 29 FR 19210, Dec. zation.
31, 1964, unless otherwise noted. (a) Each certificate holder that per-
forms any of its maintenance (other
§ 121.361 Applicability. than required inspections), preventive
(a) Except as provided by paragraph maintenance, or alterations, and each
(b) of this section, this subpart pre- person with whom it arranges for the
scribes requirements for maintenance, performance of that work must have an
preventive maintenance, and alter- organization adequate to perform the
ations for all certificate holders. work.
(b) The Administrator may amend a (b) Each certificate holder that per-
certificate holder’s operations speci- forms any inspections required by its
spaschal on DSKJM0X7X2PROD with CFR

fications to permit deviation from manual in accordance with


those provisions of this subpart that § 121.369(b)(2) or (3) (in this subpart re-
would prevent the return to service and ferred to as required inspections) and

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§ 121.367 14 CFR Ch. I (1–1–21 Edition)

each person with whom it arranges for tive maintenance, or an alteration for
the performance of that work must a certificate holder other than a person
have an organization adequate to per- who is trained by and employed di-
form that work. rectly by that certificate holder.
(c) Each person performing required (2) Covered work means any of the fol-
inspections in addition to other main- lowing:
tenance, preventive maintenance, or (i) Essential maintenance that could
alterations, shall organize the perform- result in a failure, malfunction, or de-
ance of those functions so as to sepa- fect endangering the safe operation of
rate the required inspection functions an aircraft if not performed properly or
from the other maintenance, preven- if improper parts or materials are used;
tive maintenance, and alteration func- (ii) Regularly scheduled mainte-
tions. The separation shall be below nance; or
the level of administrative control at (iii) A required inspection item on an
which overall responsibility for the re- aircraft.
quired inspection functions and other (3) Directly in charge means having re-
maintenance, preventive maintenance, sponsibility for covered work per-
and alteration functions are exercised. formed by a maintenance provider. A
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as representative of the certificate holder
amended by Amdt. 121–3, 30 FR 3639, Mar. 19, directly in charge of covered work does
1965] not need to physically observe and di-
rect each maintenance provider con-
§ 121.367 Maintenance, preventive stantly, but must be available for con-
maintenance, and alterations pro- sultation on matters requiring instruc-
grams.
tion or decision.
Each certificate holder shall have an (b) Each certificate holder must be
inspection program and a program cov- directly in charge of all covered work
ering other maintenance, preventive done for it by a maintenance provider.
maintenance, and alterations that en- (c) Each maintenance provider must
sures that— perform all covered work in accordance
(a) Maintenance, preventive mainte- with the certificate holder’s mainte-
nance, and alterations performed by it, nance manual.
or by other persons, are performed in (d) No maintenance provider may
accordance with the certificate hold- perform covered work unless that work
er’s manual; is carried out under the supervision
(b) Competent personnel and ade- and control of the certificate holder.
quate facilities and equipment are pro- (e) Each certificate holder who con-
vided for the proper performance of tracts for maintenance, preventive
maintenance, preventive maintenance, maintenance, or alterations must de-
and alterations; and velop and implement policies, proce-
(c) Each aircraft released to service dures, methods, and instructions for
is airworthy and has been properly the accomplishment of all contracted
maintained for operation under this maintenance, preventive maintenance,
part. and alterations. These policies, proce-
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as dures, methods, and instructions must
amended by Amdt. 121–100, 37 FR 28053, Dec. provide for the maintenance, preven-
20, 1972] tive maintenance, and alterations to be
performed in accordance with the cer-
§ 121.368 Contract maintenance. tificate holder’s maintenance program
(a) A certificate holder may arrange and maintenance manual.
with another person for the perform- (f) Each certificate holder who con-
ance of maintenance, preventive main- tracts for maintenance, preventive
tenance, and alterations as authorized maintenance, or alterations must en-
in § 121.379(a) only if the certificate sure that its system for the continuing
holder has met all the requirements in analysis and surveillance of the main-
this section. For purposes of this sec- tenance, preventive maintenance, and
spaschal on DSKJM0X7X2PROD with CFR

tion— alterations carried out by the mainte-


(1) A maintenance provider is any per- nance provider, as required by
son who performs maintenance, preven- § 121.373(a), contains procedures for

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Federal Aviation Administration, DOT § 121.369

oversight of all contracted covered cluding at least those that could result
work. in a failure, malfunction, or defect en-
(g) The policies, procedures, methods, dangering the safe operation of the air-
and instructions required by para- craft, if not performed properly or if
graphs (e) and (f) of this section must improper parts or materials are used.
be acceptable to the FAA and included (3) The method of performing re-
in the certificate holder’s maintenance quired inspections and a designation by
manual as required by§ 121.369(b)(10). occupational title of personnel author-
(h) Each certificate holder who con- ized to perform each required inspec-
tracts for maintenance, preventive
tion.
maintenance, or alterations must pro-
(4) Procedures for the reinspection of
vide to its responsible Flight Standards
office, in a format acceptable to the work performed pursuant to previous
FAA, a list that includes the name and required inspection findings (buy-back
physical (street) address, or addresses, procedures).
where the work is carried out for each (5) Procedures, standards, and limits
maintenance provider that performs necessary for required inspections and
work for the certificate holder, and a acceptance or rejection of the items re-
description of the type of maintenance, quired to be inspected and for periodic
preventive maintenance, or alteration inspection and calibration of precision
that is to be performed at each loca- tools, measuring devices, and test
tion. The list must be updated with equipment.
any changes, including additions or de- (6) Procedures to ensure that all re-
letions, and the updated list provided quired inspections are performed.
to the FAA in a format acceptable to (7) Instructions to prevent any per-
the FAA by the last day of each cal- son who performs any item of work
endar month. from performing any required inspec-
[Docket FAA–2011–1136, Amdt. 121–371, 80 FR tion of that work.
11546, Mar. 4, 2015, as amended by Docket (8) Instructions and procedures to
FAA–2018–0119, Amdt. 121–380, 83 FR 9173, prevent any decision of an inspector,
Mar. 5, 2018] regarding any required inspection from
being countermanded by persons other
§ 121.369 Manual requirements.
than supervisory personnel of the in-
(a) The certificate holder shall put in spection unit, or a person at that level
its manual a chart or description of the of administrative control that has
certificate holder’s organization re- overall responsibility for the manage-
quired by § 121.365 and a list of persons ment of both the required inspection
with whom it has arranged for the per- functions and the other maintenance,
formance of any of its required inspec- preventive maintenance, and alter-
tions, other maintenance, preventive ations functions.
maintenance, or alterations, including
(9) Procedures to ensure that re-
a general description of that work.
quired inspections, other maintenance,
(b) The certificate holder’s manual
must contain the programs required by preventive maintenance, and alter-
§ 121.367 that must be followed in per- ations that are not completed as a re-
forming maintenance, preventive sult of shift changes or similar work
maintenance, and alterations of that interruptions are properly completed
certificate holder’s airplanes, including before the aircraft is released to serv-
airframes, aircraft engines, propellers, ice.
appliances, emergency equipment, and (10) Policies, procedures, methods,
parts thereof, and must include at least and instructions for the accomplish-
the following: ment of all maintenance, preventive
(1) The method of performing routine maintenance, and alterations carried
and nonroutine maintenance (other out by a maintenance provider. These
than required inspections), preventive policies, procedures, methods, and in-
maintenance, and alterations. structions must be acceptable to the
spaschal on DSKJM0X7X2PROD with CFR

(2) A designation of the items of FAA and provide for the maintenance,
maintenance and alteration that must preventive maintenance, and alter-
be inspected (required inspections), in- ations to be performed in accordance

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§§ 121.370–121.370a 14 CFR Ch. I (1–1–21 Edition)

with the certificate holder’s mainte- authorized describing the extent of his
nance program and maintenance man- responsibilities, authorities, and
ual. inspectional limitations. The list shall
(c) The certificate holder must set be made available for inspection by the
forth in its manual a suitable system Administrator upon request.
(which may include a coded system)
that provides for preservation and re- § 121.373 Continuing analysis and sur-
trieval of information in a manner ac- veillance.
ceptable to the Administrator and that (a) Each certificate holder shall es-
provides— tablish and maintain a system for the
(1) A description (or reference to data continuing analysis and surveillance of
acceptable to the Administrator) of the the performance and effectiveness of
work performed; its inspection program and the pro-
(2) The name of the person per- gram covering other maintenance, pre-
forming the work if the work is per- ventive maintenance, and alterations
formed by a person outside the organi- and for the correction of any deficiency
zation of the certificate holder; and in those programs, regardless of wheth-
(3) The name or other positive identi- er those programs are carried out by
fication of the individual approving the the certificate holder or by another
work. person.
(b) Whenever the Administrator finds
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as
amended by Amdt. 121–94, 37 FR 15983, Aug. 9, that either or both of the programs de-
1972; Amdt. 121–106, 38 FR 22378, Aug. 20, 1973; scribed in paragraph (a) of this section
Docket FAA–2011–1136, Amdt. 121–371, 80 FR does not contain adequate procedures
11546, Mar. 4, 2015] and standards to meet the require-
ments of this part, the certificate hold-
§§ 121.370–121.370a [Reserved] er shall, after notification by the Ad-
ministrator, make any changes in
§ 121.371 Required inspection per- those programs that are necessary to
sonnel.
meet those requirements.
(a) No person may use any person to (c) A certificate holder may petition
perform required inspections unless the the Administrator to reconsider the
person performing the inspection is ap- notice to make a change in a program.
propriately certificated, properly The petition must be filed with the re-
trained, qualified, and authorized to do sponsible Flight Standards office
so. charged with the overall inspection of
(b) No person may allow any person the certificate holder’s operations
to perform a required inspection un- within 30 days after the certificate
less, at that time, the person per- holder receives the notice. Except in
forming that inspection is under the the case of an emergency requiring im-
supervision and control of an inspec- mediate action in the interest of safe-
tion unit. ty, the filing of the petition stays the
(c) No person may perform a required notice pending a decision by the Ad-
inspection if he performed the item of ministrator.
work required to be inspected.
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as
(d) Each certificate holder shall amended by Amdt. 121–207, 54 FR 39293, Sept.
maintain, or shall determine that each 25, 1989; Amdt. 121–253, 61 FR 2611, Jan. 26,
person with whom it arranges to per- 1996; Docket FAA–2018–0119, Amdt. 121–380, 83
form its required inspections main- FR 9173, Mar. 5, 2018]
tains, a current listing of persons who
have been trained, qualified, and au- § 121.374 Continuous airworthiness
thorized to conduct required inspec- maintenance program (CAMP) for
tions. The persons must be identified two-engine ETOPS.
by name, occupational title, and the In order to conduct an ETOPS flight
inspections that they are authorized to using a two-engine airplane, each cer-
perform. The certificate holder (or per- tificate holder must develop and com-
spaschal on DSKJM0X7X2PROD with CFR

son with whom it arranges to perform ply with the ETOPS continuous air-
its required inspections) shall give worthiness maintenance program, as
written information to each person so authorized in the certificate holder’s

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Federal Aviation Administration, DOT § 121.374

operations specifications, for each air- satisfactorily completes the operator’s


plane-engine combination used in ETOPS training program and is au-
ETOPS. The certificate holder must thorized by the certificate holder.
develop this ETOPS CAMP by (ii) ETOPS PDSC Signatory Person:
supplementing the manufacturer’s A person is an ETOPS PDSC Signatory
maintenance program or the CAMP Person when that person is ETOPS
currently approved for the certificate qualified and that person:
holder. This ETOPS CAMP must in- (A) When certifying the completion
clude the following elements: of the ETOPS PDSC in the United
(a) ETOPS maintenance document. The States:
certificate holder must have an ETOPS (1) Works for an operator authorized
maintenance document for use by each to engage in part 121 operation or
person involved in ETOPS. works for a part 145 repair station; and
(1) The document must— (2) Holds a U.S. Mechanic’s Certifi-
(i) List each ETOPS significant sys- cate with airframe and powerplant rat-
tem, ings.
(ii) Refer to or include all of the (B) When certifying the completion
ETOPS maintenance elements in this of the ETOPS PDSC outside of the U.S.
section, holds a certificate in accordance with
(iii) Refer to or include all supportive § 43.17(c)(1) of this chapter; or
programs and procedures,
(C) When certifying the completion
(iv) Refer to or include all duties and
of the ETOPS PDSC outside the U.S.
responsibilities, and
holds the certificates needed or has the
(v) Clearly state where referenced
requisite experience or training to re-
material is located in the certificate
turn aircraft to service on behalf of an
holder’s document system.
ETOPS maintenance entity.
(b) ETOPS pre-departure service check.
(iii) ETOPS maintenance entity: An
Except as provided in Appendix P of
entity authorized to perform ETOPS
this part, the certificate holder must
maintenance and complete ETOPS
develop a pre-departure check tailored
PDSC and that entity is:
to their specific operation.
(1) The certificate holder must com- (A) Certificated to engage in part 121
plete a pre-departure service check im- operations;
mediately before each ETOPS flight. (B) Repair station certificated under
(2) At a minimum, this check must— part 145 of this chapter; or
(i) Verify the condition of all ETOPS (C) Entity authorized pursuant to
Significant Systems; § 43.17(c)(2) of this chapter.
(ii) Verify the overall status of the (c) Limitations on dual maintenance.
airplane by reviewing applicable main- (1) Except as specified in paragraph
tenance records; and (c)(2), the certificate holder may not
(iii) Include an interior and exterior perform scheduled or unscheduled dual
inspection to include a determination maintenance during the same mainte-
of engine and APU oil levels and con- nance visit on the same or a substan-
sumption rates. tially similar ETOPS Significant Sys-
(3) An appropriately trained mainte- tem listed in the ETOPS maintenance
nance person, who is ETOPS qualified, document, if the improper mainte-
must accomplish and certify by signa- nance could result in the failure of an
ture ETOPS specific tasks. Before an ETOPS Significant System.
ETOPS flight may commence, an (2) In the event dual maintenance as
ETOPS pre-departure service check defined in paragraph (c)(1) of this sec-
(PDSC) Signatory Person, who has tion cannot be avoided, the certificate
been authorized by the certificate hold- holder may perform maintenance pro-
er, must certify by signature, that the vided:
ETOPS PDSC has been completed. (i) The maintenance action on each
(4) For the purposes of this paragraph affected ETOPS Significant System is
(b) only, the following definitions performed by a different technician, or
spaschal on DSKJM0X7X2PROD with CFR

apply: (ii) The maintenance action on each


(i) ETOPS qualified person: A person affected ETOPS Significant System is
is ETOPS qualified when that person performed by the same technician

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§ 121.374 14 CFR Ch. I (1–1–21 Edition)

under the direct supervision of a sec- (1) The certificate holder must report
ond qualified individual; and the following events within 96 hours of
(iii) For either paragraph (c)(2)(i) or the occurrence to its responsible Flight
(ii) of this section, a qualified indi- Standards office:
vidual conducts a ground verification (i) IFSDs, except planned IFSDs per-
test and any in-flight verification test formed for flight training.
required under the program developed (ii) Diversions and turnbacks for fail-
pursuant to paragraph (d) of this sec- ures, malfunctions, or defects associ-
tion. ated with any airplane or engine sys-
(d) Verification program. The certifi- tem.
cate holder must develop and maintain (iii) Uncommanded power or thrust
a program for the resolution of discrep- changes or surges.
ancies that will ensure the effective- (iv) Inability to control the engine or
ness of maintenance actions taken on obtain desired power or thrust.
ETOPS Significant Systems. The (v) Inadvertent fuel loss or unavail-
verification program must identify po- ability, or uncorrectable fuel imbal-
tential problems and verify satisfac- ance in flight.
tory corrective action. The verification (vi) Failures, malfunctions or defects
program must include ground associated with ETOPS Significant
verification and in-flight verification Systems.
policy and procedures. The certificate (vii) Any event that would jeopardize
holder must establish procedures to in- the safe flight and landing of the air-
dicate clearly who is going to initiate plane on an ETOPS flight.
the verification action and what action (2) The certificate holder must inves-
is necessary. The verification action tigate the cause of each event listed in
may be performed on an ETOPS rev- paragraph (h)(1) of this section and
enue flight provided the verification submit findings and a description of
corrective action to its responsible
action is documented as satisfactorily
Flight Standards office. The report
completed upon reaching the ETOPS
must include the information specified
Entry Point.
in § 121.703(e). The corrective action
(e) Task identification. The certificate must be acceptable to its responsible
holder must identify all ETOPS-spe- Flight Standards office.
cific tasks. An appropriately trained (i) Propulsion system monitoring. (1) If
mechanic who is ETOPS qualified must the IFSD rate (computed on a 12-month
accomplish and certify by signature rolling average) for an engine installed
that the ETOPS-specific task has been as part of an airplane-engine combina-
completed. tion exceeds the following values, the
(f) Centralized maintenance control pro- certificate holder must do a com-
cedures. The certificate holder must de- prehensive review of its operations to
velop and maintain procedures for cen- identify any common cause effects and
tralized maintenance control for systemic errors. The IFSD rate must
ETOPS. be computed using all engines of that
(g) Parts control program. The certifi- type in the certificate holder’s entire
cate holder must develop an ETOPS fleet of airplanes approved for ETOPS.
parts control program to ensure the (i) A rate of 0.05 per 1,000 engine
proper identification of parts used to hours for ETOPS up to and including
maintain the configuration of airplanes 120 minutes.
used in ETOPS. (ii) A rate of 0.03 per 1,000 engine
(h) Reliability program. The certificate hours for ETOPS beyond 120-minutes
holder must have an ETOPS reliability up to and including 207 minutes in the
program. This program must be the North Pacific Area of Operation and up
certificate holder’s existing reliability to and including 180 minutes elsewhere.
program or its Continuing Analysis (iii) A rate of 0.02 per 1,000 engine
and Surveillance System (CASS) sup- hours for ETOPS beyond 207 minutes in
plemented for ETOPS. This program the North Pacific Area of Operation
spaschal on DSKJM0X7X2PROD with CFR

must be event-oriented and include and beyond 180 minutes elsewhere.


procedures to report the events listed (2) Within 30 days of exceeding the
below, as follows: rates above, the certificate holder must

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Federal Aviation Administration, DOT § 121.378

submit a report of investigation and maintenance training program used to


any necessary corrective action taken qualify individuals to perform work on
to its responsible Flight Standards of- specific airplanes and engines.
fice. (n) Configuration, maintenance, and
(j) Engine condition monitoring. (1) The procedures (CMP) document. If an air-
certificate holder must have an engine plane-engine combination has a CMP
condition monitoring program to de- document, the certificate holder must
tect deterioration at an early stage and use a system that ensures compliance
to allow for corrective action before with the applicable FAA-approved doc-
safe operation is affected. ument.
(2) This program must describe the (o) Procedural changes. Each substan-
parameters to be monitored, the meth- tial change to the maintenance or
od of data collection, the method of training procedures that were used to
analyzing data, and the process for qualify the certificate holder for
taking corrective action. ETOPS, must be submitted to the
(3) The program must ensure that en- CHDO for review. The certificate hold-
gine-limit margins are maintained so er cannot implement a change until its
that a prolonged engine-inoperative di- responsible Flight Standards office no-
version may be conducted at approved tifies the certificate holder that the re-
power levels and in all expected envi- view is complete.
ronmental conditions without exceed-
[Doc. No. FAA–2002–6717, 72 FR 1880, Jan. 16,
ing approved engine limits. This in- 2007, as amended by Amdt. 121–329, 72 FR
cludes approved limits for items such 7348, Feb. 15, 2007; Amdt. 121–329, 72 FR 26541,
as rotor speeds and exhaust gas tem- May 10, 2007; Amdt. 121–339, 73 FR 33881, June
peratures. 16, 2008; Docket FAA–2018–0119, Amdt. 121–
(k) Oil-consumption monitoring. The 380, 83 FR 9173, Mar. 5, 2018]
certificate holder must have an engine
oil consumption monitoring program § 121.375 Maintenance and preventive
to ensure that there is enough oil to maintenance training program.
complete each ETOPS flight. APU oil Each certificate holder or person per-
consumption must be included if an forming maintenance or preventive
APU is required for ETOPS. The opera- maintenance functions for it shall have
tor’s oil consumption limit may not ex- a training program to ensure that each
ceed the manufacturer’s recommenda- person (including inspection personnel)
tion. Monitoring must be continuous who determines the adequacy of work
and include oil added at each ETOPS done is fully informed about procedures
departure point. The program must and techniques and new equipment in
compare the amount of oil added at use and is competent to perform his du-
each ETOPS departure point with the ties.
running average consumption to iden-
tify sudden increases. § 121.377 Maintenance and preventive
(l) APU in-flight start program. If the maintenance personnel duty time
limitations.
airplane type certificate requires an
APU but does not require the APU to Within the United States, each cer-
run during the ETOPS portion of the tificate holder (or person performing
flight, the certificate holder must de- maintenance or preventive mainte-
velop and maintain a program accept- nance functions for it) shall relieve
able to the FAA for cold soak in-flight each person performing maintenance
start-and-run reliability. or preventive maintenance from duty
(m) Maintenance training. For each for a period of at least 24 consecutive
airplane-engine combination, the cer- hours during any seven consecutive
tificate holder must develop a mainte- days, or the equivalent thereof within
nance training program that provides any one calendar month.
training adequate to support ETOPS.
It must include ETOPS specific train- § 121.378 Certificate requirements.
ing for all persons involved in ETOPS (a) Except for maintenance, preven-
spaschal on DSKJM0X7X2PROD with CFR

maintenance that focuses on the spe- tive maintenance, alterations, and re-
cial nature of ETOPS. This training quired inspections performed by a cer-
must be in addition to the operator’s tificated repair station that is located

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§ 121.379 14 CFR Ch. I (1–1–21 Edition)

outside the United States, each person records for the periods specified in
who is directly in charge of mainte- paragraph (c) of this section:
nance, preventive maintenance, or al- (1) All the records necessary to show
terations, and each person performing that all requirements for the issuance
required inspections must hold an ap- of an airworthiness release under
propriate airman certificate. § 121.709 have been met.
(b) For the purposes of this section, a (2) Records containing the following
person directly in charge is each person information:
assigned to a position in which he is re- (i) The total time in service of the
sponsible for the work of a shop or sta- airframe.
tion that performs maintenance, pre- (ii) Except as provided in paragraph
ventive maintenance, alterations, or (b) of this section, the total time in
other functions affecting aircraft air-
service of each engine and propeller.
worthiness. A person who is directly in
(iii) The current status of life-limited
charge need not physically observe and
direct each worker constantly but parts of each airframe, engine, pro-
must be available for consultation and peller, and appliance.
decision on matters requiring instruc- (iv) The time since last overhaul of
tion or decision from higher authority all items installed on the aircraft
than that of the persons performing which are required to be overhauled on
the work. a specified time basis.
(v) The identification of the current
[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as inspection status of the aircraft, in-
amended by Amdt. 121–21, 31 FR 10618, Aug. 9,
1966; Amdt. 121–286, 66 FR 41116, Aug. 6, 2001]
cluding the times since the last inspec-
tions required by the inspection pro-
§ 121.379 Authority to perform and ap- gram under which the aircraft and its
prove maintenance, preventive appliances are maintained.
maintenance, and alterations. (vi) The current status of applicable
(a) A certificate holder may perform, airworthiness directives, including the
or it may make arrangements with date and methods of compliance, and,
other persons to perform, maintenance, if the airworthiness directive involves
preventive maintenance, and alter- recurring action, the time and date
ations as provided in its continuous when the next action is required.
airworthiness maintenance program (vii) A list of current major alter-
and its maintenance manual. In addi- ations to each airframe, engine, pro-
tion, a certificate holder may perform peller, and appliance.
these functions for another certificate (b) A certificate holder need not
holder as provided in the continuous record the total time in service of an
airworthiness maintenance program engine or propeller on a transport cat-
and maintenance manual of the other egory cargo airplane, a transport cat-
certificate holder. egory airplane that has a passenger
(b) A certificate holder may approve seat configuration of more than 30
any aircraft, airframe, aircraft engine, seats, or a nontransport category air-
propeller, or appliance for return to plane type certificated before January
service after maintenance, preventive 1, 1958, until the following, whichever
maintenance, or alterations that are occurs first:
performed under paragraph (a) of this (1) March 20, 1997; or
section. However, in the case of a (2) The date of the first overhaul of
major repair or major alteration, the the engine or propeller, as applicable,
work must have been done in accord- after January 19, 1996.
ance with technical data approved by (c) Each certificate holder shall re-
the Administrator. tain the records required to be kept by
[Doc. No. 10289, 35 FR 16793, Oct. 30, 1970] this section for the following periods:
(1) Except for the records of the last
§ 121.380 Maintenance recording re- complete overhaul of each airframe,
quirements. engine, propeller, and appliance, the
spaschal on DSKJM0X7X2PROD with CFR

(a) Each certificate holder shall keep records specified in paragraph (a)(1) of
(using the system specified in the man- this section shall be retained until the
ual required in § 121.369) the following work is repeated or superseded by

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Federal Aviation Administration, DOT § 121.385

other work or for one year after the § 121.381 Applicability.


work is performed.
This subpart prescribes airman and
(2) The records of the last complete crewmember requirements for all cer-
overhaul of each airframe, engine, pro- tificate holders.
peller, and appliance shall be retained
until the work is superseded by work of § 121.383 Airman: Limitations on use of
equivalent scope and detail. services.
(3) The records specified in paragraph (a) No certificate holder may use any
(a)(2) of this section shall be retained person as an airman nor may any per-
and transferred with the aircraft at the son serve as an airman unless that per-
time the aircraft is sold. son—
(d) The certificate holder shall make (1) Holds an appropriate current air-
all maintenance records required to be man certificate issued by the FAA;
kept by this section available for in- (2) Has in his or her possession while
spection by the Administrator or any engaged in operations under this part—
authorized representative of the Na- (i) Any required appropriate current
tional Transportation Safety Board airman and medical certificates; or
(NTSB). (ii) A temporary document issued in
[Doc. No. 10658, 37 FR 15983, Aug. 9, 1972, as
accordance with paragraph (c) of this
amended by Amdt. 121–251, 60 FR 65933, Dec. section; and
20, 1995; Amdt. 121–321, 71 FR 536, Jan. 4, 2006] (3) Is otherwise qualified for the oper-
ation for which he is to be used.
§ 121.380a Transfer of maintenance (b) Each airman covered by para-
records. graph (a)(2) of this section shall
Each certificate holder who sells a present his or her certificates or tem-
U.S. registered aircraft shall transfer porary document for inspection upon
to the purchaser, at the time of sale, request of the Administrator.
the following records of that aircraft, (c) A certificate holder may obtain
in plain language form or in coded form approval to provide a temporary docu-
ment verifying a flightcrew member’s
at the election of the purchaser, if the
airman certificate and medical certifi-
coded form provides for the preserva-
cate privileges under an approved cer-
tion and retrieval of information in a
tificate verification plan set forth in
manner acceptable to the Adminis-
the certificate holder’s operations
trator:
specifications. A document provided by
(a) The record specified in the certificate holder may be carried as
§ 121.380(a)(2). an airman certificate or medical cer-
(b) The records specified in tificate on flights within the United
§ 121.380(a)(1) which are not included in States for up to 72 hours.
the records covered by paragraph (a) of (d) No certificate holder may use the
this section, except that the purchaser services of any person as a pilot on an
may permit the seller to keep physical airplane engaged in operations under
custody of such records. However, cus- this part if that person has reached his
tody of records in the seller does not or her 65th birthday.
relieve the purchaser of his responsi- (e) No pilot may serve as a pilot in
bility under § 121.380(c) to make the operations under this part if that per-
records available for inspection by the son has reached his or her 65th birth-
Administrator or any authorized rep- day.
resentative of the National Transpor-
[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as
tation Safety Board (NTSB). amended by Amdt. 121–144, 43 FR 22646, May
[Doc. No. 10658, 37 FR 15984, Aug. 9, 1972] 25, 1978; Amdt. 121–344, 74 FR 34234, July 15,
2009; Amdt. 121–372, 80 FR 33401, June 12, 2015;
Amdt. 121–381, 83 FR 30282, June 27, 2018]
Subpart M—Airman and
Crewmember Requirements § 121.385 Composition of flight crew.
spaschal on DSKJM0X7X2PROD with CFR

(a) No certificate holder may operate


SOURCE: Docket No. 6258, 29 FR 19212, Dec. an airplane with less than the min-
31, 1964, unless otherwise noted. imum flight crew in the airworthiness

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§ 121.387 14 CFR Ch. I (1–1–21 Edition)

certificate or the airplane Flight Man- (2) Specialized means of navigation


ual approved for that type airplane and approved in accordance with § 121.355
required by this part for the kind of op- which enables a reliable determination
eration being conducted. to be made of the position of the air-
(b) In any case in which this part re- plane by each pilot seated at his duty
quires the performance of two or more station.
functions for which an airman certifi- (b) Notwithstanding paragraph (a) of
cate is necessary, that requirement is this section, the Administrator may
not satisfied by the performance of also require a flight navigator or spe-
multiple functions at the same time by cial navigation equipment, or both,
one airman. when specialized means of navigation
(c) The minimum pilot crew is two are necessary for 1 hour or less. In
pilots and the certificate holder shall making this determination, the Admin-
designate one pilot as pilot in com- istrator considers—
mand and the other second in com- (1) The speed of the airplane;
mand. (2) Normal weather conditions en
(d) On each flight requiring a flight route;
engineer at least one flight crew- (3) Extent of air traffic control;
member, other than the flight engi- (4) Traffic congestion;
neer, must be qualified to provide (5) Area of navigational radio cov-
emergency performance of the flight erage at destination;
engineer’s functions for the safe com- (6) Fuel requirements;
pletion of the flight if the flight engi- (7) Fuel available for return to point
neer becomes ill or is otherwise inca- of departure or alternates;
pacitated. A pilot need not hold a (8) Predication of flight upon oper-
flight engineer’s certificate to perform ation beyond the point of no return;
the flight engineer’s functions in such and
a situation. (9) Any other factors he determines
[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as are relevant in the interest of safety.
amended by Amdt. 121–178, 47 FR 13316, Mar. (c) Operations where a flight navi-
29, 1982; Amdt. 121–256, 61 FR 30434, June 14, gator or special navigation equipment,
1996] or both, are required are specified in
the operations specifications of the air
§ 121.387 Flight engineer. carrier or commercial operator.
No certificate holder may operate an
[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as
airplane for which a type certificate amended by Amdt. 121–178, 47 FR 13316, Mar.
was issued before January 2, 1964, hav- 29, 1982]
ing a maximum certificated takeoff
weight of more than 80,000 pounds with- § 121.391 Flight attendants.
out a flight crewmember holding a cur-
(a) Except as specified in § 121.393 and
rent flight engineer certificate. For
§ 121.394, each certificate holder must
each airplane type certificated after
provide at least the following flight at-
January 1, 1964, the requirement for a
tendants on board each passenger-car-
flight engineer is determined under the
rying airplane when passengers are on
type certification requirements of
board:
§ 25.1523.
(1) For airplanes having a maximum
[Doc. No. 5025, 30 FR 6067, Apr. 29, 1965] payload capacity of more than 7,500
pounds and having a seating capacity
§ 121.389 Flight navigator and special- of more than 9 but less than 51 pas-
ized navigation equipment. sengers—one flight attendant.
(a) No certificate holder may operate (2) For airplanes having a maximum
an airplane outside the 48 contiguous payload capacity of 7,500 pounds or less
States and the District of Columbia, and having a seating capacity of more
when its position cannot be reliably than 19 but less than 51 passengers—
fixed for a period of more than 1 hour, one flight attendant.
spaschal on DSKJM0X7X2PROD with CFR

without— (3) For airplanes having a seating ca-


(1) A flight crewmember who holds a pacity of more than 50 but less than 101
current flight navigator certificate; or passengers—two flight attendants.

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Federal Aviation Administration, DOT § 121.393

(4) For airplanes having a seating ca- § 121.392 Personnel identified as flight
pacity of more than 100 passengers— attendants.
two flight attendants plus one addi- (a) Any person identified by the cer-
tional flight attendant for each unit tificate holder as a flight attendant on
(or part of a unit) of 50 passenger seats an aircraft in operations under this
above a seating capacity of 100 pas- part must be trained and qualified in
sengers. accordance with subparts N and O of
(b) If, in conducting the emergency this part. This includes:
evacuation demonstration required (1) Flight attendants provided by the
under § 121.291 (a) or (b), the certificate certificate holder in excess of the num-
holder used more flight attendants ber required by § 121.391(a); and
than is required under paragraph (a) of (2) Flight attendants provided by the
this section for the maximum seating certificate holder when flight attend-
capacity of the airplane used in the ants are not required by § 121.391(a).
demonstration, he may not, thereafter, (b) A qualifying flight attendant who
take off that airplane— is receiving operating experience on an
(1) In its maximum seating capacity aircraft in operations under subpart O
configuration with fewer flight attend- of this part must be identified to pas-
ants than the number used during the sengers as a qualifying flight attend-
emergency evacuation demonstration; ant.
or [Doc. No. FAA–2008–0677, 78 FR 67836, Nov. 12,
(2) In any reduced seating capacity 2013]
configuration with fewer flight attend-
ants than the number required by para- § 121.393 Crewmember requirements
graph (a) of this section for that seat- at stops where passengers remain
ing capacity plus the number of flight on board.
attendants used during the emergency At stops where passengers remain on
evacuation demonstration that were in board, the certificate holder must meet
excess of those required under para- the following requirements:
graph (a) of this section. (a) On each airplane for which a
(c) The number of flight attendants flight attendant is not required by
approved under paragraphs (a) and (b) § 121.391(a), the certificate holder must
of this section are set forth in the cer- ensure that a person who is qualified in
tificate holder’s operations specifica- the emergency evacuation procedures
tions. for the airplane, as required in § 121.417,
(d) During takeoff and landing, flight and who is identified to the passengers,
remains:
attendants required by this section
shall be located as near as practicable (1) On board the airplane; or
to required floor level exists and shall (2) Nearby the airplane, in a position
be uniformly distributed throughout to adequately monitor passenger safe-
the airplane in order to provide the ty, and:
most effective egress of passengers in (i) The airplane engines are shut
event of an emergency evacuation. down; and
During taxi, flight attendants required (ii) At least one floor level exit re-
by this section must remain at their mains open to provide for the
deplaning of passengers.
duty stations with safety belts and
shoulder harnesses fastened except to (b) On each airplane for which flight
attendants are required by § 121.391(a),
perform duties related to the safety of
but the number of flight attendants re-
the airplane and its occupants.
maining on board is fewer than re-
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965] quired by § 121.391(a), the certificate
holder must meet the following re-
EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting § 121.391, see the List of CFR
quirements:
Sections Affected, which appears in the (1) The certificate holder shall ensure
spaschal on DSKJM0X7X2PROD with CFR

Finding Aids section of the printed volume that:


and at www.govinfo.gov. (i) The airplane engines are shut
down;

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§ 121.394 14 CFR Ch. I (1–1–21 Edition)

(ii) At least one floor level exit re- (A) The necessary functions to be
mains open to provide for the performed by the substitute pilot or
deplaning of passengers; and flight engineer in an emergency, to in-
(iii) the number of flight attendants clude a situation requiring an emer-
on board is at least half the number re- gency evacuation. The certificate hold-
quired by § 121.391(a), rounded down to er must show those functions are real-
the next lower number in the case of istic, can be practically accomplished,
fractions, but never fewer than one. and will meet any reasonably antici-
(2) The certificate holder may sub- pated emergency; and
stitute for the required flight attend- (B) How other regulatory functions
ants other persons qualified in the performed by a flight attendant will be
emergency evacuation procedures for accomplished by the substitute pilot or
that aircraft as required in § 121.417, if flight engineer on the airplane.
these persons are identified to the pas- (ii) Ensures that the following re-
sengers. quirements are met:
(3) If only one flight attendant or (A) The substitute pilot or flight en-
other qualified person is on board dur- gineer is not assigned to operate the
ing a stop, that flight attendant or flight for which that person is sub-
other qualified person shall be located stituting for a required flight attend-
in accordance with the certificate hold- ant.
er’s FAA-approved operating proce- (B) The substitute pilot or flight en-
dures. If more than one flight attend- gineer is trained in all assigned flight
ant or other qualified person is on attendant duties regarding passenger
board, the flight attendants or other handling.
qualified persons shall be spaced (C) The substitute pilot or flight en-
throughout the cabin to provide the gineer meets the emergency training
most effective assistance for the evacu- requirements for flight attendants in
ation in case of an emergency. evacuation management and evacu-
[Doc. No. 28154, 60 FR 65934, Dec. 20, 1995] ation commands, as appropriate, and
frequency of performance drills regard-
§ 121.394 Flight attendant require- ing operation of exits in the normal
ments during passenger boarding and emergency modes on that type air-
and deplaning. craft.
(a) During passenger boarding, on (D) The substitute pilot or flight en-
each airplane for which more than one gineer is in possession of all items re-
flight attendant is required by § 121.391, quired for duty.
the certificate holder may: (E) The substitute pilot or flight en-
(1) Reduce the number of required gineer is located in the passenger
flight attendants by one, provided that: cabin.
(i) The flight attendant that leaves (F) The substitute pilot or flight en-
the aircraft remains within the imme- gineer is identified to the passengers.
diate vicinity of the door through (G) The substitution of a pilot or
which passengers are boarding; flight engineer for a required flight at-
(ii) The flight attendant that leaves tendant does not interfere with the
the aircraft only conducts safety duties safe operation of the flight.
related to the flight being boarded; (H) The airplane engines are shut
(iii) The airplane engines are shut down.
down; and (I) At least one floor-level exit re-
(iv) At least one floor level exit re- mains open to provide for passenger
mains open to provide for passenger egress.
egress; or (b) During passenger deplaning, on
(2) Substitute a pilot or flight engi- each airplane for which more than one
neer employed by the certificate holder flight attendant is required by § 121.391,
and trained and qualified on that type the certificate holder may reduce the
airplane for one flight attendant, pro- number of flight attendants required
spaschal on DSKJM0X7X2PROD with CFR

vided the certificate holder— by that paragraph provided:


(i) Describes in the manual required (1) The airplane engines are shut
by § 121.133: down;

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Federal Aviation Administration, DOT § 121.400

(2) At least one floor level exit re- each category of required crew-
mains open to provide for passenger members under paragraph (a) of this
egress; and section.
(3) The number of flight attendants [Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as
on board is at least half the number re- amended by Amdt. 121–7, 30 FR 6727, May 18,
quired by § 121.391, rounded down to the 1965]
next lower number in the case of frac-
tions, but never fewer than one.
Subpart N—Training Program
(c) If only one flight attendant is on
the airplane during passenger boarding
or deplaning, that flight attendant SOURCE: Docket No. 9509, 35 FR 90, Jan. 3,
1970, unless otherwise noted.
must be located in accordance with the
certificate holder’s FAA-approved op- § 121.400 Applicability and terms used.
erating procedures. If more than one
flight attendant is on the airplane dur- (a) This subpart prescribes the re-
ing passenger boarding or deplaning, quirements applicable to each certifi-
the flight attendants must be evenly cate holder for establishing and main-
distributed throughout the airplane taining a training program for crew-
cabin, in the vicinity of the floor-level members, aircraft dispatchers, and
exits, to provide the most effective as- other operations personnel, and for the
sistance in the event of an emergency. approval and use of flight simulation
(d) The time spent by any crew- training devices and training equip-
member conducting passenger boarding ment in the conduct of the program.
or deplaning duties is considered duty (b) For the purpose of this subpart,
time. airplane groups are as follows:
(1) Group I. Propeller driven, includ-
[Doc. No. FAA–2009–0022, 75 FR 68198, Nov. 5, ing—
2010]
(i) Reciprocating powered; and
§ 121.395 Aircraft dispatcher: Domestic (ii) Turbopropeller powered.
and flag operations. (2) Group II. Turbojet powered.
(c) For the purpose of this subpart,
Each certificate holder conducting the following terms and definitions
domestic or flag operations shall pro- apply:
vide enough qualified aircraft dis-
(1) Initial training. The training re-
patchers at each dispatch center to en-
quired for crewmembers and dis-
sure proper operational control of each
patchers who have not qualified and
flight.
served in the same capacity on another
[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996] airplane of the same group.
(2) Transition training. The training
§ 121.397 Emergency and emergency required for crewmembers and dis-
evacuation duties. patchers who have qualified and served
(a) Each certificate holder shall, for in the same capacity on another air-
each type and model of airplane, as- plane of the same group.
signed to each category of required (3) Upgrade training. The training re-
crewmember, as appropriate, the nec- quired for flightcrew members who
essary functions to be performed in an have qualified and served as second in
emergency or a situation requiring command on a particular airplane
emergency evacuation. The certificate type, before they serve as pilot in com-
holder shall show those functions are mand on that airplane.
realistic, can be practically accom- (4) Conversion training. The training
plished, and will meet any reasonably required for flightcrew members who
anticipated emergency including the have qualified and served as flight en-
possible incapacitation of individual gineer on a particular airplane type,
crewmembers or their inability to before they serve as second in com-
reach the passenger cabin because of mand on that airplane.
shifting cargo in combination cargo- (5) Differences training. The training
spaschal on DSKJM0X7X2PROD with CFR

passenger airplanes. required for crewmembers and dis-


(b) The certificate holder shall de- patchers who have qualified and served
scribe in its manual the functions of on a particular type airplane, when the

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§ 121.401 14 CFR Ch. I (1–1–21 Edition)

Administrator finds differences train- (1) Establish and implement a train-


ing is necessary before a crewmember ing program that satisfies the require-
serves in the same capacity on a par- ments of this subpart and appendices E
ticular variation of that airplane. and F of this part and that ensures
(6) Programmed hours. The hours of that each crewmember, aircraft dis-
training prescribed in this subpart patcher, flight instructor and check
which may be reduced by the Adminis- airman is adequately trained to per-
trator upon a showing by the certifi- form his or her assigned duties. Prior
cate holder that circumstances justify to implementation, the certificate
a lesser amount. holder must obtain initial and final
(7) Inflight. Refers to maneuvers, pro- FAA approval of the training program.
cedures, or functions that must be con- (2) Provide adequate ground and
ducted in the airplane. flight training facilities and properly
(8) Training center. An organization qualified ground instructors for the
governed by the applicable require- training required by this subpart;
ments of part 142 of this chapter that (3) Provide and keep current with re-
provides training, testing, and check- spect to each airplane type and, if ap-
ing under contract or other arrange- plicable, the particular variations
ment to certificate holders subject to within that airplane type, appropriate
the requirements of this part. training material, examinations,
forms, instructions, and procedures for
(9) Requalification training. The train-
use in conducting the training and
ing required for crewmembers pre-
checks required by this part; and
viously trained and qualified, but who
(4) Provide enough flight instructors
have become unqualified due to not
and approved check airmen to conduct
having met within the required period
the flight training and checks required
the recurrent training requirements of
under this part.
§ 121.427 or the proficiency check re-
(b) Whenever a crewmember or air-
quirements of § 121.441.
craft dispatcher who is required to
(10) Related aircraft. Any two or more
take recurrent training, a flight check,
aircraft of the same make with either
or a competence check, takes the
the same or different type certificates
check or completes the training in the
that have been demonstrated and de-
calendar month before or after the cal-
termined by the Administrator to have
endar month in which that training or
commonality to the extent that credit
check is required, he is considered to
between those aircraft may be applied
have taken or completed it in the cal-
for flightcrew member training, check-
endar month in which it was required.
ing, recent experience, operating expe-
(c) Each instructor, supervisor, or
rience, operating cycles, and line oper-
check airman who is responsible for a
ating flight time for consolidation of
particular ground training subject, seg-
knowledge and skills.
ment of flight training, course of train-
(11) Related aircraft differences train- ing, flight check, or competence check
ing. The flightcrew member training under this part shall certify as to the
required for aircraft with different type proficiency and knowledge of the crew-
certificates that have been designated member, aircraft dispatcher, flight in-
as related by the Administrator. structor, or check airman concerned
(12) Base aircraft. An aircraft identi- upon completion of that training or
fied by a certificate holder for use as a check. That certification shall be made
reference to compare differences with a part of the crewmember’s or dis-
another aircraft. patcher’s record. When the certifi-
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970; 35 FR cation required by this paragraph is
2819, Feb. 11, 1970, as amended by Amdt. 121– made by an entry in a computerized
104, 38 FR 14915, June 7, 1973; Amdt. 121–259, recordkeeping system, the certifying
61 FR 34560, July 2, 1996; Amdt. 121–366, 78 FR instructor, supervisor, or check airman
67836, Nov. 12, 2013; Amdt. 121–382, 85 FR must be identified with that entry.
10921, Feb. 25, 2020] However, the signature of the certi-
spaschal on DSKJM0X7X2PROD with CFR

fying instructor, supervisor, or check


§ 121.401 Training program: General. airman is not required for computer-
(a) Each certificate holder shall: ized entries.

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Federal Aviation Administration, DOT § 121.403

(d) Training subjects that are appli- required by this part only if the train-
cable to more than one airplane or ing center—
crewmember position and that have (1) Holds applicable training speci-
been satisfactorily completed in con- fications issued under part 142 of this
nection with prior training for another chapter;
airplane or another crewmember posi- (2) Has facilities, training equipment,
tion, need not be repeated during sub- and courseware meeting the applicable
sequent training other than recurrent requirements of part 142 of this chap-
training. ter;
(e) A person who progresses success- (3) Has approved curriculums, cur-
fully through flight training, is rec- riculum segments, and portions of cur-
ommended by his instructor or a check riculum segments applicable for use in
airman, and successfully completes the training courses required by this sub-
appropriate flight check for a check part; and
airman or the Administrator, need not (4) Has sufficient instructor and
complete the programmed hours of check airmen qualified under the appli-
flight training for the particular air- cable requirements of §§ 121.411 or
plane. However, whenever the Adminis- 121.413 to provide training, testing, and
trator finds that 20 percent of the checking to persons subject to the re-
flight checks given at a particular quirements of this subpart.
training base during the previous 6
months under this paragraph are un- [Doc. No. 26933, 61 FR 34560, July 2, 1996, as
successful, this paragraph may not be amended by Amdt. 121–263, 62 FR 13791, Mar.
used by the certificate holder at that 21, 1997]
base until the Administrator finds that
the effectiveness of the flight training § 121.403 Training program: Cur-
riculum.
there has improved.
(a) Each certificate holder must pre-
In the case of a certificate holder using pare and keep current a written train-
a course of training permitted in ing program curriculum for each type
§ 121.409(c), the Administrator may re- of airplane with respect to dispatchers
quire the programmed hours of inflight
and each crewmember required for that
training in whole or in part, until he
type airplane. The curriculum must in-
finds the effectiveness of the flight
clude ground and flight training re-
training has improved as provided in
quired by this subpart.
paragraph (e) of this section.
(b) Each training program cur-
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as riculum must include:
amended by Amdt. 121–104, 38 FR 14915, June
(1) A list of principal ground training
7, 1973; Amdt. 121–108, 38 FR 35446, Dec. 28,
1973; Amdt. 121–143, 43 FR 22642, May 25, 1978; subjects, including emergency training
Amdt. 121–316, 70 FR 58823, Oct. 7, 2005; Amdt. subjects, that are provided.
121–382, 85 FR 10921, Feb. 25, 2020] (2) A list of all the training device
mockups, systems trainers, procedures
§ 121.402 Training program: Special trainers, or other training aids that
rules. the certificate holder will use. No later
(a) Other than the certificate holder, than March 12, 2019, a list of all the
only another certificate holder certifi- training equipment approved under
cated under this part or a flight train- § 121.408 as well as other training aids
ing center certificated under part 142 of that the certificate holder will use.
this chapter is eligible under this sub- (3) Detailed descriptions or pictorial
part to provide flight training, testing, displays of the approved normal, abnor-
and checking under contract or other mal, and emergency maneuvers, proce-
arrangement to those persons subject dures and functions that will be per-
to the requirements of this subpart. formed during each flight training
(b) A certificate holder may contract phase or flight check, indicating those
with, or otherwise arrange to use the maneuvers, procedures and functions
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services of, a training center certifi- that are to be performed during the
cated under part 142 of this chapter to inflight portions of flight training and
provide training, testing, and checking flight checks.

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§ 121.404 14 CFR Ch. I (1–1–21 Edition)

(4) A list of FSTDs approved under ficiencies, if any, that must be cor-
§ 121.407, including approvals for par- rected.
ticular maneuvers, procedures, or func- (c) The Administrator grants final
tions. approval of the training program or re-
(5) The programmed hours of training vision if the certificate holder shows
that will be applied to each phase of that the training conducted under the
training. initial approval set forth in paragraph
(6) A copy of each statement issued (b) of this section ensures that each
by the Administrator under § 121.405(d) person that successfully completes the
for reduction of programmed hours of training is adequately trained to per-
training. form his assigned duties.
(d) In granting initial and final ap-
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as proval of training programs or revi-
amended by Amdt. 121–366, 78 FR 67836, Nov. sions, including reductions in pro-
12, 2013; Amdt. 121–382, 85 FR 10921, Feb. 25,
grammed hours specified in this sub-
2020]
part, the Administrator considers the
§ 121.404 Compliance dates: Crew and training aids, devices, methods, and
dispatcher resource management procedures listed in the certificate
training. holder’s curriculum as set forth in
§ 121.403 that increase the quality and
After March 19, 1998, no certificate
effectiveness of the teaching-learning
holder may use a person as a flight
process.
crewmember, and after March 19, 1999,
no certificate holder may use a person If approval of reduced programmed
as a flight attendant or aircraft dis- hours of training is granted, the Ad-
patcher unless that person has com- ministrator provides the certificate
pleted approved crew resource manage- holder with a statement of the basis for
ment (CRM) or dispatcher resource the approval.
management (DRM) initial training, as (e) Whenever the Administrator finds
applicable, with that certificate holder that revisions are necessary for the
or with another certificate holder. continued adequacy of a training pro-
gram that has been granted final ap-
[Doc. No. 28154, 61 FR 30435, June 14, 1996] proval, the certificate holder shall,
after notification by the Adminis-
§ 121.405 Training program and revi-
sion: Initial and final approval. trator, make any changes in the pro-
gram that are found necessary by the
(a) To obtain initial and final ap- Administrator. Within 30 days after the
proval of a training program, or a revi- certificate holder receives such notice,
sion to an approved training program, it may file a petition to reconsider the
each certificate holder must submit to notice with the responsible Flight
the Administrator— Standards office. The filing of a peti-
(1) An outline of the proposed pro- tion to reconsider stays the notice
gram or revision, including an outline pending a decision by the Adminis-
of the proposed or revised curriculum, trator. However, if the Administrator
that provides enough information for a finds that there is an emergency that
preliminary evaluation of the proposed requires immediate action in the inter-
training program or revised training est of safety in air transportation, he
program; and may, upon a statement of the reasons,
(2) Additional relevant information require a change effective without
as may be requested by the Adminis- stay.
trator. (f) Each certificate holder described
(b) If the proposed training program in § 135.3 (b) and (c) of this chapter
or revision complies with this subpart must include the material required by
the Administrator grants initial ap- § 121.403 in the manual required by
proval in writing after which the cer- § 135.21 of this chapter.
tificate holder may conduct the train- (g) The Administrator may grant a
ing in accordance with that program. deviation to certificate holders de-
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The Administrator then evaluates the scribed in § 135.3 (b) and (c) of this chap-
effectiveness of the training program ter to allow reduced programmed hours
and advises the certificate holder of de- of ground training required by § 121.419

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Federal Aviation Administration, DOT § 121.407

if it is found that a reduction is war- (iii) The particular maneuver, proce-


ranted based on the certificate holder’s dure, or flightcrew member function
operations and the complexity of the involved.
make, model, and series of the aircraft (2) Maintain the performance, func-
used. tion, and other characteristics that are
required for qualification in accord-
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
amended by Amdt. 121–207, 54 FR 39293, Sept.
ance with part 60 of this chapter or a
25, 1989; Amdt. 121–250, 60 FR 65948, Dec. 20, previously qualified device, as per-
1995; Amdt. 121–253, 61 FR 2612, Jan. 26, 1996; mitted in accordance with § 60.17 of this
Docket FAA–2018–0119, Amdt. 121–380, 83 FR chapter.
9172, Mar. 5, 2018] (3) Be modified in accordance with
part 60 of this chapter to conform with
§ 121.406 Credit for previous CRM/ any modification to the airplane being
DRM training. simulated that results in changes to
(a) For flightcrew members, the Ad- performance, function, or other charac-
ministrator may credit CRM training teristics required for qualification.
received before March 19, 1998 toward (4) Be given a daily functional pre-
all or part of the initial ground CRM flight check before being used.
training required by § 121.419. (5) Have a daily discrepancy log kept
(b) For flight attendants, the Admin- with each discrepancy entered in that
istrator may credit CRM training re- log by the appropriate instructor or
ceived before March 19, 1999 toward all check airman at the end of each train-
or part of the initial ground CRM ing or check flight.
training required by § 121.421. (b) A particular FSTD may be ap-
(c) For aircraft dispatchers, the Ad- proved for use by more than one cer-
ministrator may credit CRM training tificate holder.
received before March 19, 1999 toward (c) A Level B or higher FFS may be
all or part of the initial ground CRM used instead of the airplane to satisfy
training required by § 121.422. the inflight requirements of §§ 121.439
(d) In granting credit for initial and 121.441 and appendices E and F of
ground CRM or DRM training, the Ad- this part, if the FFS—
ministrator considers training aids, de- (1) Is approved under this section and
vices, methods, and procedures used by meets the appropriate FFS require-
the certificate holder in a voluntary ments of appendix H of this part; and
CRM or DRM program or in an AQP (2) Is used as part of an approved pro-
program that effectively meets the gram that meets the training require-
quality of an approved CRM or DRM ments of §§ 121.424 (a) and (c), 121.426,
initial ground training program under and appendix H of this part.
section 121.419, 121.421, or 121.422 as ap- (d) An FFS approved under this sec-
propriate. tion must be used instead of the air-
plane to satisfy the pilot flight train-
[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995] ing requirements prescribed in the cer-
tificate holder’s approved low-altitude
§ 121.407 Training program: Approval windshear flight training program set
of flight simulation training de-
vices. forth in § 121.409(d) of this part.
(e) An FFS approved under this sec-
(a) Each FSTD used to satisfy a tion must be used instead of the air-
training requirement of this part in an plane to satisfy the pilot flight train-
approved training program, must meet ing requirements prescribed in the ex-
all of the following requirements: tended envelope training set forth in
(1) Be specifically approved by the § 121.423 of this part. Compliance with
Administrator for— this paragraph is required no later
(i) Use in the certificate holder’s ap- than March 12, 2019.
proved training program;
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
(ii) The type airplane and, if applica- amended by Amdt. 121–161, 45 FR 44183, June
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ble, the particular variation within 30, 1980; Amdt. 121–199, 53 FR 37696, Sept. 27,
type, for which the training or check is 1988; Amdt. 121–366, 78 FR 67836, Nov. 12, 2013;
being conducted; and Amdt. 121–382, 85 FR 10921, Feb. 25, 2020]

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§ 121.408 14 CFR Ch. I (1–1–21 Edition)

§ 121.408 Training equipment other (3) A record of a discrepancy must be


than flight simulation training de- maintained for at least 60 days.
vices. (e) No person may use, allow the use
(a) The Administrator must approve of, or offer the use of training equip-
training equipment used in a training ment with a missing, malfunctioning,
program approved under this part and or inoperative component to meet the
that functionally replicates aircraft crewmember training or checking re-
equipment for the certificate holder quirements of this chapter for tasks
and the crewmember duty or proce- that require the use of the correctly
dure. Training equipment does not in- operating component.
clude FSTDs qualified under part 60 of (f) Compliance with this section is re-
this chapter. quired no later than March 12, 2019.
(b) The certificate holder must dem-
onstrate that the training equipment [Doc. No. FAA–2008–0677, 78 FR 67837, Nov. 12,
2013]
described in paragraph (a) of this sec-
tion, used to meet the training require- § 121.409 Training courses using flight
ments of this subpart, meets all of the simulation training devices.
following:
(1) The form, fit, function, and (a) Training courses utilizing FSTDs
weight, as appropriate, of the aircraft may be included in the certificate hold-
equipment. er’s approved training program for use
(2) Replicates the normal operation as provided in this section.
(and abnormal and emergency oper- (b) Except for the airline transport
ation, if appropriate) of the aircraft pilot certification training program ap-
equipment including the following: proved to satisfy the requirements of
(i) The required force, actions and § 61.156 of this chapter, a course of
travel of the aircraft equipment. training in an FFS may be included for
(ii) Variations in aircraft equipment use as provided in § 121.441 if that
operated by the certificate holder, if course—
applicable. (1) Provides at least 4 hours of train-
(3) Replicates the operation of the ing at the pilot controls of an FFS as
aircraft equipment under adverse con- well as a proper briefing before and
ditions, if appropriate. after the training.
(c) Training equipment must be (2) Provides training in at least the
modified to ensure that it maintains following:
the performance and function of the (i) The procedures and maneuvers set
aircraft type or aircraft equipment rep- forth in appendix F to this part; or
licated. (ii) Line-oriented flight training
(d) All training equipment must have (LOFT) that—
a record of discrepancies. The docu- (A) Before March 12, 2019,
menting system must be readily avail- (1) Utilizes a complete flight crew;
able for review by each instructor,
(2) Includes at least the maneuvers
check airman or supervisor, prior to
and procedures (abnormal and emer-
conducting training or checking with
that equipment. gency) that may be expected in line op-
erations; and
(1) Each instructor, check airman or
supervisor conducting training or (3) Is representative of the flight seg-
checking, and each person conducting ment appropriate to the operations
an inspection of the equipment who being conducted by the certificate
discovers a discrepancy, including any holder.
missing, malfunctioning or inoperative (B) Except as provided in paragraph
components, must record a description (b)(2)(ii)(B)(6) of this section, beginning
of that discrepancy and the date that on March 12, 2019—
the discrepancy was identified. (1) Utilizes a complete flight crew;
(2) All corrections to discrepancies (2) Includes at least the maneuvers
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must be recorded when the corrections and procedures (abnormal and emer-
are made. This record must include the gency) that may be expected in line op-
date of the correction. erations;

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Federal Aviation Administration, DOT § 121.410

(3) Includes scenario-based or maneu- (b) No certificate holder may use a


ver-based stall prevention training be- person nor may any person serve as an
fore, during or after the LOFT scenario instructor in a training program ap-
for each pilot; proved to meet the requirements of
(4) Is representative of two flight seg- § 61.156 of this chapter unless the in-
ments appropriate to the operations structor:
being conducted by the certificate (1) Holds an airline transport pilot
holder; certificate with an airplane category
(5) Provides an opportunity to dem- multiengine class rating;
onstrate workload management and (2) Has at least 2 years of experience
pilot monitoring skills; and as a pilot in command in operations
(6) Beginning on April 27, 2023, pro- conducted under § 91.1053(a)(2)(i) or
vides an opportunity for each pilot in § 135.243(a)(1) of this chapter, or as a
command to demonstrate leadership pilot in command or second in com-
and command skills. mand in any operation conducted
(3) Is given by an instructor who under this part;
meets the applicable requirements of (3) Except for the holder of a flight
§ 121.412. instructor certificate, receives initial
(c) The programmed hours of flight training on the following topics:
training set forth in this subpart do (i) The fundamental principles of the
not apply if the training program for learning process;
the airplane type includes— (ii) Elements of effective teaching,
(1) A course of pilot training in an instruction methods, and techniques;
FFS as provided in § 121.424(e); or (iii) Instructor duties, privileges, re-
(2) A course of flight engineer train- sponsibilities, and limitations;
ing in an FSTD as provided in (iv) Training policies and procedures;
§ 121.425(d). and
(d) Each certificate holder required (v) Evaluation.
to comply with § 121.358 of this part (4) If providing training in a flight
must use an approved FFS for each air- simulation training device, hold an air-
plane type in each of its pilot training craft type rating for the aircraft rep-
courses that provides training in at resented by the flight simulation train-
least the procedures and maneuvers set ing device utilized in the training pro-
forth in the certificate holder’s ap- gram and have received training within
proved low-altitude windshear flight the preceding 12 months from the cer-
training program. The approved low-al- tificate holder on:
titude windshear flight training, if ap- (i) Proper operation of flight simu-
plicable, must be included in each of lator and flight training device con-
the pilot flight training courses pre- trols and systems;
scribed in §§ 121.409(b), 121.418, 121.424, (ii) Proper operation of environ-
121.426, and 121.427 of this part. mental and fault panels;
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as (iii) Data and motion limitations of
amended by Amdt. 121–130, 41 FR 47229, Oct. simulation;
28, 1976; Amdt. 121–144, 43 FR 22646, May 25, (iv) Minimum equipment require-
1978; Amdt. 121–199, 53 FR 37696, Sept. 27, 1988; ments for each curriculum; and
Amdt. 121–264, 62 FR 23120, Apr. 28, 1997; (v) The maneuvers that will be dem-
Amdt. 121–365, 78 FR 42377, July 15, 2013; onstrated in the flight simulation
Amdt. 121–366, 78 FR 67837, Nov. 12, 2013;
training device.
Amdt. 121–382, 85 FR 10921, Feb. 25, 2020;
Amdt. 121–384, 85 FR 39070, June 30, 2020] (c) A certificate holder may not issue
a graduation certificate to a student
§ 121.410 Airline transport pilot certifi- unless that student has completed all
cation training program. the curriculum requirements of the
(a) A certificate holder may obtain course.
approval to establish and implement a (d) A certificate holder must conduct
training program to satisfy the re- evaluations to ensure that training
quirements of § 61.156 of this chapter. techniques, procedures, and standards
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The training program must be separate are acceptable to the Administrator.


from the air carrier training program [Doc. No. FAA–2010–0100, 78 FR 42377, July 15,
required by this part. 2013]

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§ 121.411 14 CFR Ch. I (1–1–21 Edition)

§ 121.411 Qualifications: Check airmen (c) No certificate holder may use a


(airplane) and check airmen (simu- person nor may any person serve as a
lator). check airman (simulator) in a training
(a) For the purposes of this section program established under this subpart
and § 121.413: unless, with respect to the airplane
(1) A check airman (airplane) is a type involved, that person meets the
person who is qualified, and permitted, provisions of paragraph (b) of this sec-
to conduct flight checks or instruction tion, or—
in an airplane, in an FFS, or in a flight (1) Holds the airman certificates and
training device for a particular type ratings, except medical certificate, re-
airplane. quired to serve as a pilot in command
(2) A check airman (simulator) is a or a flight engineer, as applicable, in
person who is qualified to conduct operations under this part;
flight checks or instruction, but only (2) Has satisfactorily completed the
in an FFS or in a flight training device appropriate training phases for the air-
for a particular type airplane. plane, including recurrent training,
that are required to serve as a pilot in
(3) Check airmen (airplane) and
command or flight engineer, as appli-
check airmen (simulator) are those
cable, in operations under this part;
check airmen who perform the func-
(3) Has satisfactorily completed the
tions described in § 121.401(a)(4).
appropriate proficiency or flight
(b) No certificate holder may use a
checks that are required to serve as a
person, nor may any person serve as a
pilot in command or flight engineer, as
check airman (airplane) in a training
applicable, in operations under this
program established under this subpart
part;
unless, with respect to the airplane
(4) Has satisfactorily completed the
type involved, that person—
applicable training requirements of
(1) Holds the airman certificates and § 121.413; and
ratings required to serve as a pilot in (5) Has been approved by the Admin-
command or flight engineer, as appli- istrator for the check airman (simu-
cable, in operations under this part; lator) duties involved.
(2) Has satisfactorily completed the (d) Completion of the requirements
appropriate training phases for the air- in paragraphs (b) (2), (3), and (4) or (c)
plane, including recurrent training, (2), (3), and (4) of this section, as appli-
that are required to serve as a pilot in cable, shall be entered in the individ-
command or flight engineer, as appli- ual’s training record maintained by the
cable, in operations under this part; certificate holder.
(3) Has satisfactorily completed the (e) Check airmen who have reached
appropriate proficiency or flight their 65th birthday or who do not hold
checks that are required to serve as a an appropriate medical certificate may
pilot in command or flight engineer, as function as check airmen, but may not
applicable, in operations under this serve as pilot flightcrew members in
part; operations under this part.
(4) Has satisfactorily completed the (f) A check airman (simulator) must
applicable training requirements of accomplish the following—
§ 121.413 including inflight training and (1) Fly at least two flight segments
practice for initial and transition as a required crewmember for the type
training; airplane involved within the 12-month
(5) Holds at least a Class III medical period preceding the performance of
certificate unless serving as a required any check airman duty in an FFS; or
crewmember, in which case holds a (2) Satisfactorily complete an ap-
Class I or Class II medical certificate proved line-observation program with-
as appropriate; in the period prescribed by that pro-
(6) Has satisfied the recency of expe- gram and that must precede the per-
rience requirements of § 121.439 of this formance of any check airman duty in
part, as applicable; and an FFS.
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(7) Has been approved by the Admin- (g) The flight segments or line-obser-
istrator for the check airman duties in- vation program required in paragraph
volved. (f) of this section are considered to be

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Federal Aviation Administration, DOT § 121.412

completed in the month required if Class I or a Class II medical certificate


completed in the calendar month be- as appropriate; and
fore or in the calendar month after the (6) Has satisfied the recency of expe-
month in which it is due. rience requirements of § 121.439 of this
[Doc. No. 28471, 61 FR 30741, June 17, 1996, as part, as applicable.
amended by Amdt. 121–344, 74 FR 34235, July (c) No certificate holder may use a
15, 2009; Amdt. 121–366, 78 FR 67837, Nov. 12, person, nor may any person serve as a
2013; Amdt. 121–382, 85 FR 10922, Feb. 25, 2020] flight instructor (simulator) in a train-
ing program established under this sub-
§ 121.412 Qualifications: Flight instruc- part, unless, with respect to the air-
tors (airplane) and flight instruc-
tors (simulator). plane type involved, that person meets
the provisions of paragraph (b) of this
(a) For the purposes of this section section, or—
and § 121.414: (1) Holds the airman certificates and
(1) A flight instructor (airplane) is a ratings, except medical certificate, re-
person who is qualified to instruct in quired to serve as a pilot in command
an airplane, in an FFS, or in a flight
or flight engineer, as applicable, in op-
training device for a particular type
erations under this part;
airplane.
(2) Has satisfactorily completed the
(2) A flight instructor (simulator) is a
person who is qualified to instruct, but appropriate training phases for the air-
only in an FFS, in a flight training de- plane, including recurrent training,
vice, or both, for a particular type air- that are required to serve as a pilot in
plane. command or flight engineer, as appli-
(3) Flight instructors (airplane) and cable, in operations under this part;
flight instructors (simulator) are those (3) Has satisfactorily completed the
instructors who perform the functions appropriate proficiency or flight
described in § 121.401(a)(4). checks that are required to serve as a
(b) No certificate holder may use a pilot in command or flight engineer, as
person nor may any person serve as a applicable, in operations under this
flight instructor (airplane) in a train- part; and
ing program established under this sub- (4) Has satisfactorily completed the
part unless, with respect to the air- applicable training requirements of
plane type involved, that person— § 121.414.
(1) Holds the airman certificates and (d) Completion of the requirements
rating required to serve as a pilot in in paragraphs (b) (2), (3), and (4) or (c)
command or flight engineer, as appli- (2), (3), and (4) of this section as appli-
cable, in operations under this part; cable shall be entered in the individ-
(2) Has satisfactorily completed the ual’s training record maintained by the
appropriate training phases for the air- certificate holder.
plane, including recurrent training, (e) Flight instructors who have
that are required to serve as a pilot in reached their 65th birthday or who do
command or flight engineer, as appli- not hold an appropriate medical cer-
cable, in operations under this part;
tificate may function as flight instruc-
(3) Has satisfactorily completed the tors, but may not serve as pilot
appropriate proficiency or flight
flightcrew members in operations
checks that are required to serve as a
under this part.
pilot in command or flight engineer, as
applicable, in operations under this (f) A flight instructor (simulator)
part; must accomplish the following—
(4) Has satisfactorily completed the (1) Fly at least two flight segments
applicable training requirements of as a required crewmember for the type
§ 121.414, including inflight training and of airplane within the 12-month period
practice for initial and transition preceding the performance of any
training; flight instructor duty in an FFS (and
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(5) Holds at least a Class III medical must hold a Class I or Class II medical
certificate unless serving as a required certificate as appropriate); or
crewmember, in which case holds a

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§ 121.413 14 CFR Ch. I (1–1–21 Edition)

(2) Satisfactorily complete an ap- (i) Improper and insufficient train-


proved line-observation program with- ing; and
in the period prescribed by that pro- (ii) Personal characteristics of an ap-
gram preceding the performance of any plicant that could adversely affect
flight instructor duty in an FFS. safety.
(g) The flight segments or line-obser- (5) The appropriate corrective action
vation program required in paragraph in the case of unsatisfactory checks.
(f) of this section is considered com- (6) The approved methods, proce-
pleted in the month required if com- dures, and limitations for performing
pleted in the calendar month before, or the required normal, abnormal, and
the calendar month after the month in emergency procedures in the airplane.
which it is due. (7) For check airmen who conduct
[Doc. No. 28471, 61 FR 30742, June 17, 1996; 61 training or checking in an FFS or a
FR 34927, July 3, 1996; 62 FR 3739, Jan. 24, flight training device, the following
1997; Amdt. 121–264, 62 FR 23120, Apr. 28, 1997; subjects specific to the device(s) for the
Amdt. 121–344, 74 FR 34235, July 15, 2009; airplane type:
Amdt. 121–355, 76 FR 35104, June 16, 2011; (i) Proper operation of the controls
Amdt. 121–366, 78 FR 67837, Nov. 12, 2013; and systems;
Amdt. 121–382, 85 FR 10922, Feb. 25, 2020]
(ii) Proper operation of environ-
§ 121.413 Initial, transition and recur- mental and fault panels;
rent training and checking require- (iii) Data and motion limitations of
ments: Check airmen (airplane), simulation; and
check airmen (simulator). (iv) The minimum airplane simulator
(a) No certificate holder may use a equipment required by this part or part
person nor may any person serve as a 60 of this chapter, for each maneuver
check airman unless— and procedure completed in an FFS or
(1) That person has satisfactorily a flight training device.
completed initial or transition check (d) The transition ground training for
airman training; and check airmen must include the fol-
(2) Within the preceding 24 calendar lowing:
months that person satisfactorily con- (1) The approved methods, proce-
ducts a check or supervises operating dures, and limitations for performing
experience under the observation of an the required normal, abnormal, and
FAA inspector or an aircrew des- emergency procedures applicable to the
ignated examiner employed by the op- airplane to which the check airman is
erator. The observation check may be transitioning.
accomplished in part or in full in an (2) For check airmen who conduct
airplane, in an FFS, or in a flight training or checking in an FFS or a
training device. flight training device, the following
(b) The observation check required subjects specific to the device(s) for the
by paragraph (a)(2) of this section is airplane type to which the check air-
considered to have been completed in man is transitioning:
the month required if completed in the (i) Proper operation of the controls
calendar month before, or the calendar and systems;
month after, the month in which it is (ii) Proper operation of environ-
due. mental and fault panels;
(c) The initial ground training for (iii) Data and motion limitations of
check airmen must include the fol- simulation; and
lowing: (iv) The minimum airplane simulator
(1) Check airman duties, functions, equipment required by this part or part
and responsibilities. 60 of this chapter, for each maneuver
(2) The applicable Code of Federal and procedure completed in an FFS or
Regulations and the certificate hold- a flight training device.
er’s policies and procedures. (e) The initial and transition flight
(3) The appropriate methods, proce- training for check airmen (airplane)
dures, and techniques for conducting must include the following:
spaschal on DSKJM0X7X2PROD with CFR

the required checks. (1) The safety measures for emer-


(4) Proper evaluation of student per- gency situations that are likely to de-
formance including the detection of— velop during a check.

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Federal Aviation Administration, DOT § 121.414

(2) The potential results of improper, § 121.414 Initial, transition and recur-
untimely, or non-execution of safety rent training and checking require-
measures during a check. ments: flight instructors (airplane),
(3) For pilot check airman (air- flight instructors (simulator).
plane)— (a) No certificate holder may use a
(i) Training and practice in con- person nor may any person serve as a
ducting flight checks from the left and flight instructor unless—
right pilot seats in the required nor- (1) That person has satisfactorily
mal, abnormal, and emergency proce- completed initial or transition flight
dures to ensure competence to conduct instructor training; and
(2) Within the preceding 24 calendar
the pilot flight checks required by this
months, that person satisfactorily con-
part; and
ducts instruction under the observa-
(ii) The safety measures to be taken tion of an FAA inspector, an operator
from either pilot seat for emergency check airman, or an aircrew designated
situations that are likely to develop examiner employed by the operator.
during a check. The observation check may be accom-
(4) For flight engineer check airmen plished in part or in full in an airplane,
(airplane), training to ensure com- in an FFS, or in a flight training de-
petence to perform assigned duties. vice.
(f) The requirements of paragraph (e) (b) The observation check required
of this section may be accomplished in by paragraph (a)(2) of this section is
full or in part inflight, in an FFS, or in considered to have been completed in
a flight training device, as appropriate. the month required if completed in the
(g) The initial and transition flight calendar month before, or the calendar
training for check airmen who conduct month after, the month in which it is
training or checking in an FFS or a due.
flight training device must include the (c) The initial ground training for
following: flight instructors must include the fol-
lowing:
(1) Training and practice in con-
(1) Flight instructor duties, func-
ducting flight checks in the required tions, and responsibilities.
normal, abnormal, and emergency pro- (2) The applicable Code of Federal
cedures to ensure competence to con- Regulations and the certificate hold-
duct the flight checks required by this er’s policies and procedures.
part. This training and practice must (3) The appropriate methods, proce-
be accomplished in an FFS or in a dures, and techniques for conducting
flight training device. flight instruction.
(2) Training in the operation of FFSs (4) Proper evaluation of student per-
or flight training devices, or both, to formance including the detection of—
ensure competence to conduct the (i) Improper and insufficient train-
flight checks required by this part. ing; and
(h) Recurrent ground training for (ii) Personal characteristics of an ap-
check airmen who conduct training or plicant that could adversely affect
checking in an FFS or a flight training safety.
device must be completed every 12 cal- (5) The corrective action in the case
endar months and must include the of unsatisfactory training progress.
subjects required in paragraph (c)(7) of (6) The approved methods, proce-
this section. dures, and limitations for performing
the required normal, abnormal, and
(i) Compliance with paragraphs (c)(7),
emergency procedures in the airplane.
(d)(2), and (h) of this section is required (7) Except for holders of a flight in-
no later than March 12, 2019. structor certificate—
[Doc. No. 28471, 61 FR 30743, June 17, 1996; 62 (i) The fundamental principles of the
FR 3739, Jan. 24, 1997; Amdt. 121–264, 62 FR teaching-learning process;
23120, Apr. 28, 1997; Amdt. 121–366, 78 FR 67838, (ii) Teaching methods and proce-
spaschal on DSKJM0X7X2PROD with CFR

Nov. 12, 2013; Amdt. 121–382, 85 FR 10922, Feb. dures; and


25, 2020] (iii) The instructor-student relation-
ship.

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§ 121.415 14 CFR Ch. I (1–1–21 Edition)

(8) For flight instructors who con- (ii) The safety measures to be taken
duct training in an FFS or a flight from either pilot seat for emergency
training device, the following subjects situations that are likely to develop
specific to the device(s) for the air- during instruction.
plane type: (4) For flight engineer instructors
(i) Proper operation of the controls (airplane), inflight training to ensure
and systems; competence to perform assigned duties.
(ii) Proper operation of environ- (f) The requirements of paragraph (e)
mental and fault panels; of this section may be accomplished in
(iii) Data and motion limitations of full or in part inflight, in an FFS, or in
simulation; and a flight training device, as appropriate.
(iv) The minimum airplane simulator (g) The initial and transition flight
equipment required by this part or part training for flight instructors who con-
60 of this chapter, for each maneuver duct training in an FFS or a flight
and procedure completed in an FFS or training device must include the fol-
a flight training device. lowing:
(d) The transition ground training for (1) Training and practice in the re-
flight instructors must include the fol- quired normal, abnormal, and emer-
lowing: gency procedures to ensure competence
(1) The approved methods, proce- to conduct the flight instruction re-
dures, and limitations for performing quired by this part. This training and
the required normal, abnormal, and practice must be accomplished in full
emergency procedures applicable to the or in part in an FFS or in a flight
airplane to which the flight instructor training device.
is transitioning. (2) Training in the operation of FFSs
(2) For flight instructors who con- or flight training devices, or both, to
duct training in an FFS or a flight ensure competence to conduct the
training device, the following subjects flight instruction required by this part.
specific to the device(s) for the air-
(h) Recurrent flight instructor
plane type to which the flight instruc-
ground training for flight instructors
tor is transitioning:
who conduct training in an FFS or a
(i) Proper operation of the controls
flight training device must be com-
and systems;
pleted every 12 calendar months and
(ii) Proper operation of environ-
must include the subjects required in
mental and fault panels;
paragraph (c)(8) of this section.
(iii) Data and motion limitations of
(i) Compliance with paragraphs (c)(8),
simulation; and
(d)(2), and (h) of this section is required
(iv) The minimum airplane simulator
no later than March 12, 2019.
equipment required by this part or part
60 of this chapter, for each maneuver [Doc. No. 28471, 61 FR 30743, June 17, 1996; 62
and procedure completed in an FFS or FR 3739, Jan. 24, 1997, as amended by Amdt.
a flight training device. 121–366, 78 FR 67838, Nov. 12, 2013; Amdt. 121–
(e) The initial and transition flight 382, 85 FR 10922, Feb. 25, 2020]
training for flight instructors (air-
plane) must include the following: § 121.415 Crewmember and dispatcher
training program requirements.
(1) The safety measures for emer-
gency situations that are likely to de- (a) Each training program must pro-
velop during instruction. vide the following ground training as
(2) The potential results of improper, appropriate to the particular assign-
untimely, or non-execution of safety ment of the crewmember or dispatcher:
measures during instruction. (1) Basic indoctrination ground train-
(3) For pilot flight instructor (air- ing for newly hired crewmembers or
plane)— dispatchers including 40 programmed
(i) Inflight training and practice in hours of instruction, unless reduced
conducting flight instruction from the under § 121.405 or as specified in
left and right pilot seats in the re- § 121.401(d), in at least the following—
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quired normal, abnormal, and emer- (i) Duties and responsibilities of


gency procedures to ensure competence crewmembers or dispatchers, as appli-
as an instructor; and cable;

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Federal Aviation Administration, DOT § 121.417

(ii) Appropriate provisions of the 121.425, and 121.426 for transition, con-
Federal Aviation Regulations; version or upgrade training, as applica-
(iii) Contents of the certificate hold- ble, may be omitted, or the pro-
er’s operating certificate and oper- grammed hours of ground instruction
ations specifications (not required for or inflight training may be reduced, as
flight attendants); and provided in § 121.405.
(iv) Appropriate portions of the cer- (h) In addition to initial, transition,
tificate holder’s operating manual. conversion, upgrade, recurrent and dif-
(2) The initial and transition ground ferences training, each training pro-
training specified in §§ 121.419, 121.421 gram must also provide ground and
and 121.422, as applicable. flight training, instruction, and prac-
(3) For crewmembers, emergency tice as necessary to insure that each
training as specified in §§ 121.417 and crewmember and aircraft dispatcher—
121.805. (1) Remains adequately trained and
(4) After February 15, 2008, training currently proficient with respect to
for crewmembers and dispatchers in each airplane, crewmember position,
their roles and responsibilities in the and type of operation in which he
certificate holder’s passenger recovery serves; and
plan, if applicable. (2) Qualifies in new equipment, facili-
(b) Each training program must pro- ties, procedures, and techniques, in-
vide the flight training specified in cluding modifications to airplanes.
§§ 121.424 through 121.426, as applicable.
(i) Each training program must in-
(c) Each training program must pro-
clude a process to provide for the reg-
vide recurrent ground and flight train-
ular analysis of individual pilot per-
ing as provided in § 121.427.
formance to identify pilots with per-
(d) Each training program must pro-
formance deficiencies during training
vide the differences training specified
and checking and multiple failures dur-
in § 121.418(a) if the Administrator finds
ing checking.
that, due to differences between air-
planes of the same type operated by (j) Each training program must in-
the certificate holder, additional train- clude methods for remedial training
ing is necessary to insure that each and tracking of pilots identified in the
crewmember and dispatcher is ade- analysis performed in accordance with
quately trained to perform their as- paragraph (i) of this section.
signed duties. (k) Compliance with paragraphs (i)
(e) Upgrade training: and (j) of this section is required no
(1) Upgrade training as specified in later than March 12, 2019.
§§ 121.420 and 121.426 for a particular [Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
type airplane may be included in the amended by Amdt. 121–130, 41 FR 47229, Oct.
training program for flightcrew mem- 28, 1976; Amdt. 121–281, 66 FR 19043, Apr. 12,
bers who have qualified and served as 2001; Amdt. 121–329, 72 FR 1881, Jan. 16, 2007;
second in command pilot on that air- Amdt. 121–366, 78 FR 67839, Nov. 12, 2013;
plane; or Amdt. 121–382, 85 FR 10922, Feb. 25, 2020]
(2) Before April 27, 2022, upgrade
§ 121.417 Crewmember emergency
training as specified in §§ 121.419 and training.
121.424 for a particular type airplane
may be included in the training pro- (a) Each training program must pro-
gram for flightcrew members who have vide the emergency training set forth
qualified and served as second in com- in this section with respect to each air-
mand pilot on that airplane. plane type, model, and configuration,
(f) Conversion training as specified in each required crewmember, and each
§§ 121.419 and 121.424 for a particular kind of operation conducted, insofar as
type airplane may be included in the appropriate for each crewmember and
training program for flightcrew mem- the certificate holder.
bers who have qualified and served as (b) Emergency training must provide
flight engineer on that airplane. the following:
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(g) Particular subjects, maneuvers, (1) Instruction in emergency assign-


procedures, or parts thereof specified in ments and procedures, including co-
§§ 121.419, 121.420, 121.421, 121.422, 121.424, ordination among crewmembers.

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§ 121.417 14 CFR Ch. I (1–1–21 Edition)

(2) Individual instruction in the loca- while using the type of installed PBE
tion, function, and operation of emer- required by § 121.337 or approved PBE
gency equipment including— simulation device as defined by para-
(i) Equipment used in ditching and graph (d) of this section for combatting
evacuation; fires aboard airplanes;
(ii) [Reserved] (ii) At least one approved firefighting
(iii) Portable fire extinguishers, with drill in which the crewmember com-
emphasis on type of extinguisher to be bats an actual fire using at least one
used on different classes of fires; and type of installed hand fire extinguisher
(iv) Emergency exits in the emer- or approved fire extinguisher that is
gency mode with the evacuation slide/ appropriate for the type of fire to be
raft pack attached (if applicable), with fought. This firefighting drill is not re-
training emphasis on the operation of quired if the crewmember performs the
the exits under adverse conditions. PBE drill of paragraph (c)(1)(i) by com-
(3) Instruction in the handling of bating an actual fire; and
emergency situations including— (iii) An emergency evacuation drill
(i) Rapid decompression; with each person egressing the airplane
(ii) Fire inflight or on the surface, or approved training device using at
and smoke control procedures with em- least one type of installed emergency
phasis on electrical equipment and re- evacuation slide. The crewmember may
lated circuit breakers found in cabin either observe the airplane exits being
areas including all galleys, service cen- opened in the emergency mode and the
ters, lifts, lavatories and movie associated exit slide/raft pack being de-
screens; ployed and inflated, or perform the
(iii) Ditching and other evacuation, tasks resulting in the accomplishment
including the evacuation of persons of these actions.
and their attendants, if any, who may (2) Additional emergency drill re-
need the assistance of another person quirements to be accomplished during
to move expeditiously to an exit in the initial training and once each 24 cal-
event of an emergency. endar months during recurrent train-
(iv) [Reserved] ing. Each crewmember must—
(v) Hijacking and other unusual situ- (i) Perform the following emergency
ations. drills and operate the following equip-
(4) Review and discussion of previous ment:
aircraft accidents and incidents per- (A) Each type of emergency exit in
taining to actual emergency situa- the normal and emergency modes, in-
tions. cluding the actions and forces required
(c) Each crewmember must accom- in the deployment of the emergency
plish the following emergency training evacuation slides;
during the specified training periods, (B) Each type of installed hand fire
using those items of installed emer- extinguisher;
gency equipment for each type of air- (C) Each type of emergency oxygen
plane in which he or she is to serve (Al- system to include protective breathing
ternate recurrent training required by equipment;
§ 121.433(c) of this part may be accom- (D) Donning, use, and inflation of in-
plished by approved pictorial presen- dividual flotation means, if applicable;
tation or demonstration): and
(1) One-time emergency drill require- (E) Ditching, if applicable, including
ments to be accomplished during ini- but not limited to, as appropriate:
tial training. Each crewmember must (1) Cockpit preparation and proce-
perform— dures;
(i) At least one approved protective (2) Crew coordination;
breathing equipment (PBE) drill in (3) Passenger briefing and cabin prep-
which the crewmember combats an ac- aration;
tual or simulated fire using at least (4) Donning and inflation of life pre-
one type of installed hand fire extin- servers;
spaschal on DSKJM0X7X2PROD with CFR

guisher or approved fire extinguisher (5) Use of life-lines; and


that is appropriate for the type of ac- (6) Boarding of passengers and crew
tual fire or simulated fire to be fought into raft or a slide/raft pack.

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Federal Aviation Administration, DOT § 121.418

(ii) Observe the following drills: in meeting the training requirements


(A) Removal from the airplane (or of § 121.417(c).
training device) and inflation of each (4) Combats, in this context, means to
type of life raft, if applicable; properly fight an actual or simulated
(B) Transfer of each type of slide/raft fire using an appropriate type of fire
pack from one door to another; extinguisher until that fire is extin-
(C) Deployment, inflation, and de- guished.
tachment from the airplane (or train- (5) Observe means to watch without
ing device) of each type of slide/raft participating actively in the drill.
pack; and (6) PBE drill means an emergency
(D) Emergency evacuation including drill in which a crewmember dem-
the use of a slide. onstrates the proper use of protective
(d) After September 1, 1993, no crew- breathing equipment while fighting an
member may serve in operations under actual or simulated fire.
this part unless that crewmember has (7) Perform means to satisfactorily
performed the PBE drill and the fire- accomplish a prescribed emergency
fighting drill described by paragraphs drill using established procedures that
(c)(1)(i) and (c)(1)(ii) of this section, as stress the skill of the persons involved
part of a one-time training require- in the drill.
ment of paragraphs (c)(1) or (c)(2) of (8) Simulated fire means an artificial
this section as appropriate. Any crew- duplication of smoke or flame used to
member who performs the PBE drill create various aircraft firefighting sce-
and the firefighting drill prescribed in narios, such as lavatory, galley oven,
paragraphs (c)(1)(i) and (c)(1)(ii) of this and aircraft seat fires.
section after May 26, 1987, is deemed to
be in compliance with this regulation [Doc. No. 9509, 35 FR 90, Jan. 3, 1970]
upon presentation of information or EDITORIAL NOTE: For FEDERAL REGISTER ci-
documentation, in a form and manner tations affecting § 121.417, see the List of CFR
acceptable to the Executive Director, Sections Affected, which appears in the
Flight Standards Service, showing that Finding Aids section of the printed volume
and at www.govinfo.gov.
the appropriate drills have been accom-
plished. § 121.418 Differences training and re-
(e) Crewmembers who serve in oper- lated aircraft differences training.
ations above 25,000 feet must receive
instruction in the following: (a) Differences training. (1) Differences
(1) Respiration. training for crewmembers and dis-
(2) Hypoxia. patchers must consist of at least the
(3) Duration of consciousness without following as applicable to their as-
supplemental oxygen at altitude. signed duties and responsibilities:
(4) Gas expansion. (i) Instruction in each appropriate
(5) Gas bubble formation. subject or part thereof required for ini-
(6) Physical phenomena and incidents tial ground training in the airplane un-
of decompression. less the Administrator finds that par-
(f) For the purposes of this section ticular subjects are not necessary.
the following definitions apply: (ii) Flight training in each appro-
(1) Actual fire means an ignited com- priate maneuver or procedure required
bustible material, in controlled condi- for initial flight training in the air-
tions, of sufficient magnitude and du- plane unless the Administrator finds
ration to accomplish the training ob- that particular maneuvers or proce-
jectives outlined in paragraphs (c)(1)(i) dures are not necessary.
and (c)(1)(ii) of this section. (iii) The number of programmed
(2) Approved fire extinguisher means a hours of ground and flight training de-
training device that has been approved termined by the Administrator to be
by the Administrator for use in meet- necessary for the airplane, the oper-
ing the training requirements of ation, and the crewmember or aircraft
§ 121.417(c). dispatcher involved.
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(3) Approved PBE simulation device (2) Differences training for all vari-
means a training device that has been ations of a particular type airplane
approved by the Administrator for use may be included in initial, transition,

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§ 121.419 14 CFR Ch. I (1–1–21 Edition)

conversion, upgrade, and recurrent tial and transition ground training for
training for the airplane. flight engineers, must include instruc-
(b) Related aircraft differences training. tion in at least the following as appli-
(1) In order to seek approval of related cable to their assigned duties:
aircraft differences training for (1) General subjects—
flightcrew members, a certificate hold- (i) The certificate holder’s dispatch
er must submit a request for related or flight release procedures;
aircraft designation to the Adminis- (ii) Principles and methods for deter-
trator, and obtain approval of that re- mining weight and balance, and run-
quest. way limitations for takeoff and land-
(2) If the Administrator determines ing;
under paragraph (b)(1) of this section (iii) Enough meteorology to insure a
that a certificate holder is operating practical knowledge of weather phe-
related aircraft, the certificate holder nomena, including the principles of
may submit to the Administrator a re- frontal systems, icing, fog, thunder-
quest for approval of a training pro- storms, and high altitude weather situ-
gram that includes related aircraft dif- ations;
ferences training. (iv) Air traffic control systems, pro-
(3) A request for approval of a train- cedures, and phraseology;
ing program that includes related air- (v) Navigation and the use of naviga-
craft differences training must include tion aids, including instrument ap-
at least the following: proach procedures;
(i) Each appropriate subject required (vi) Normal and emergency commu-
for the ground training for the related nication procedures;
aircraft. (vii) Visual cues prior to and during
(ii) Each appropriate maneuver or descent below DA/DH or MDA;
procedure required for the flight train- (viii) Approved crew resource man-
ing and crewmember emergency train- agement initial training; and
ing for the related aircraft. (ix) Other instructions as necessary
(iii) The number of programmed to ensure pilot and flight engineer
hours of ground training, flight train- competence.
ing and crewmember emergency train- (2) For each airplane type—
ing necessary based on review of the re- (i) A general description;
lated aircraft and the duty position. (ii) Performance characteristics;
(c) Approved related aircraft differences (iii) Engines and propellers;
training. Approved related aircraft dif- (iv) Major components;
ferences training for flightcrew mem- (v) Major airplane systems (e.g.,
bers may be included in initial, transi- flight controls, electrical, hydraulic);
tion, conversion, upgrade and recurrent other systems as appropriate; prin-
training for the base aircraft. If the ciples of normal, abnormal, and emer-
certificate holder’s approved training gency operations; appropriate proce-
program includes related aircraft dif- dures and limitations;
ferences training in accordance with (vi) Procedures for—
paragraph (b) of this section, the train- (A) Recognizing and avoiding severe
ing required by §§ 121.419, 121.420, weather situations;
121.424, 121.425, 121.426, and 121.427, as (B) Escaping from severe weather sit-
applicable to flightcrew members, may uations, in case of inadvertent encoun-
be modified for the related aircraft. ters, including low-altitude windshear,
and
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
amended by Amdt. 121–366, 78 FR 67839, Nov. (C) Operating in or near thunder-
12, 2013; Amdt. 121–382, 85 FR 10922, Feb. 25, storms (including best penetrating al-
2020] titudes), turbulent air (including clear
air turbulence), icing, hail, and other
§ 121.419 Pilots and flight engineers: potentially hazardous meteorological
Initial, transition, conversion and conditions;
upgrade ground training. (vii) Operating limitations;
spaschal on DSKJM0X7X2PROD with CFR

(a) Except as provided in paragraph (viii) Fuel consumption and cruise


(b) of this section, initial and conver- control;
sion ground training for pilots and ini- (ix) Flight planning;

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Federal Aviation Administration, DOT § 121.420

(x) Each normal and emergency pro- (1) Group I airplanes—


cedure; (i) Reciprocating powered, 64 hours;
(xi) For pilots, stall prevention and and
recovery in clean configuration, take- (ii) Turbopropeller powered, 80 hours.
off and maneuvering configuration, and (2) Group II airplanes, 120 hours.
landing configuration. (e) Initial ground training for pilots
(xii) For pilots, upset prevention and who have completed the airline trans-
recovery; and port pilot certification training pro-
(xiii) The approved Airplane Flight gram in § 61.156 must consist of at least
Manual. the following programmed hours of in-
(b) Initial and conversion ground struction in the required subjects spec-
training for pilots who have completed ified in paragraph (b) of this section
the airline transport pilot certification and in § 121.415(a) unless reduced under
training program in § 61.156 of this
§ 121.405:
chapter, and transition ground training
(1) Group I airplanes—
for pilots, must include instruction in
at least the following as applicable to (i) Reciprocating powered, 54 hours;
their assigned duties: and
(1) Ground training specific to the (ii) Turbopropeller powered, 70 hours.
certificate holder’s— (2) Group II airplanes, 110 hours.
(i) Dispatch or flight release proce- (f) Compliance and pilot programmed
dures; hours. (1) Compliance with the require-
(ii) Method for determining weight ments identified in paragraphs
and balance and runway limitations for (a)(2)(xi) and (a)(2)(xii) of this section
takeoff and landing; is required no later than March 12, 2019.
(iii) Meteorology hazards applicable (2) Beginning March 12, 2019, initial
to the certificate holder’s areas of op- programmed hours applicable to pilots
eration; as specified in paragraphs (d) and (e) of
(iv) Approved departure, arrival, and this section must include 2 additional
approach procedures; hours.
(v) Normal and emergency commu- (g) Before April 27, 2022, upgrade
nication procedures; and ground training must include either
(vi) Approved crew resource manage- the instruction specified in paragraph
ment training. (a) of this section or the instruction
(2) The training required by para- specified in § 121.420. Beginning on April
graph (a)(2) of this section for the air- 27, 2022, upgrade ground training must
plane type. include the instruction specified in
(c) Beginning on April 27, 2022, and in § 121.420.
addition to the requirements in para-
graph (a) or (b) of this section, as appli- [Doc. No. FAA–2010–0100, 78 FR 42377, July 15,
cable, initial ground training for pilots 2013, as amended by Amdt. 121–366, 78 FR
67839, Nov. 12, 2013; Amdt. 121–382, 85 FR
in command must include instruction
10922, Feb. 25, 2020]
and facilitated discussion on the fol-
lowing: § 121.420 Pilots: Upgrade ground train-
(1) Leadership and command, includ- ing.
ing flightcrew member duties under
§ 121.542; and (a) Upgrade ground training must in-
(2) Mentoring, including techniques clude instruction in at least the fol-
for instilling and reinforcing the high- lowing subjects as applicable to the du-
est standards of technical performance, ties assigned to the pilot in command:
airmanship, and professionalism in (1) Seat dependent procedures, as ap-
newly hired pilots. plicable;
(d) Initial ground training for pilots (2) Duty position procedures, as ap-
and flight engineers must consist of at plicable; and
least the following programmed hours (3) Crew resource management, in-
of instruction in the required subjects cluding decision making, authority and
spaschal on DSKJM0X7X2PROD with CFR

specified in paragraph (a) of this sec- responsibility, and conflict resolution.


tion and in § 121.415(a) unless reduced (b) In addition to the requirements in
under § 121.405: paragraph (a) of this section, upgrade

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§ 121.421 14 CFR Ch. I (1–1–21 Edition)

ground training must include instruc- § 121.415(a) unless reduced under


tion and facilitated discussion on the § 121.405.
following: (1) Group I airplanes—
(1) Leadership and command, includ- (i) Reciprocating powered, 8 hours;
ing flightcrew member duties under and
§ 121.542; and (ii) Turbopropeller powered, 8 hours.
(2) Mentoring, including techniques (2) Group II airplanes, 16 hours.
for reinforcing the highest standards of
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
technical performance, airmanship, amended by Amdt. 121–250, 60 FR 65949, Dec.
and professional development in newly 20, 1995]
hired pilots.
(c) Compliance date: Beginning on § 121.422 Aircraft dispatchers: Initial
April 27, 2022, upgrade ground training and transition ground training.
must satisfy the requirements of this (a) Initial and transition ground
section. training for aircraft dispatchers must
[Amdt. 121–382, 85 FR 10923, Feb. 25, 2020] include instruction in at least the fol-
lowing:
§ 121.421 Flight attendants: Initial and (1) General subjects—
transition ground training. (i) Use of communications systems
(a) Initial and transition ground including the characteristics of those
training for flight attendants must in- systems and the appropriate normal
clude instruction in at least the fol- and emergency procedures;
lowing: (ii) Meteorology, including various
(1) General subjects— types of meteorological information
(i) The authority of the pilot in com- and forecasts, interpretation of weath-
mand; er data (including forecasting of en
(ii) Passenger handling, including the route and terminal temperatures and
procedures to be followed in the case of other weather conditions), frontal sys-
deranged persons or other persons tems, wind conditions, and use of ac-
whose conduct might jeopardize safety; tual and prognostic weather charts for
and various altitudes;
(iii) Approved crew resource manage- (iii) The NOTAM system;
ment initial training. (iv) Navigational aids and publica-
(2) For each airplane type— tions;
(i) A general description of the air- (v) Joint dispatcher-pilot responsibil-
plane emphasizing physical character- ities;
istics that may have a bearing on (vi) Characteristics of appropriate
ditching, evacuation, and inflight airports;
emergency procedures and on other re- (vii) Prevailing weather phenomena
lated duties; and the available sources of weather
(ii) The use of both the public address information;
system and the means of commu- (viii) Air traffic control and instru-
nicating with other flight crew- ment approach procedures; and
members, including emergency means (ix) Approved dispatcher resource
in the case of attempted hijacking or management (DRM) initial training.
other unusual situations; and (2) For each airplane—
(iii) Proper use of electrical galley (i) A general description of the air-
equipment and the controls for cabin plane emphasizing operating and per-
heat and ventilation. formance characteristics, navigation
(b) Initial and transition ground equipment, instrument approach and
training for flight attendants must in- communication equipment, emergency
clude a competence check to determine equipment and procedures, and other
ability to perform assigned duties and subjects having a bearing on dispatcher
responsibilities. duties and responsibilities;
(c) Initial ground training for flight (ii) Flight operation procedures in-
attendants must consist of at least the cluding procedures specified in
spaschal on DSKJM0X7X2PROD with CFR

following programmed hours of in- § 121.419(a)(2)(vi);


struction in the subjects specified in (iii) Weight and balance computa-
paragraph (a) of this section and in tions;

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Federal Aviation Administration, DOT § 121.423

(iv) Basic airplane performance dis- perience of recovery from full stall and
patch requirements and procedures; stick pusher activation, if equipped.
(v) Flight planning including track (d) Recurrent training: Within 24 cal-
selection, flight time analysis, and fuel endar months preceding service as a
requirements; and pilot, each person must satisfactorily
(vi) Emergency procedures. complete the extended envelope train-
(3) Emergency procedures must be ing described in paragraphs (b)(1)
emphasized, including the alerting of through (4) and (c) of this section.
proper governmental, company, and Within 36 calendar months preceding
private agencies during emergencies to
service as a pilot, each person must
give maximum help to an airplane in
satisfactorily complete the extended
distress.
(b) Initial and transition ground envelope training described in para-
training for aircraft dispatchers must graph (b)(5) of this section.
include a competence check given by (e) Deviation from use of Level C or
an appropriate supervisor or ground in- higher full flight simulator:
structor that demonstrates knowledge (1) A certificate holder may submit a
and ability with the subjects set forth request to the Administrator for ap-
in paragraph (a) of this section. proval of a deviation from the require-
(c) Initial ground training for air- ments of paragraph (a) of this section
craft dispatchers must consist of at to conduct the extended envelope
least the following programmed hours training using an alternative method
of instruction in the subjects specified to meet the learning objectives of this
in paragraph (a) of this section and in section.
§ 121.415(a) unless reduced under (2) A request for deviation from para-
§ 121.405: graph (a) of this section must include
(1) Group I airplanes— the following information:
(i) Reciprocating powered, 30 hours;
(i) A simulator availability assess-
and
ment, including hours by specific simu-
(ii) Turbopropeller powered, 40 hours.
(2) Group II airplanes, 40 hours. lator and location of the simulator,
and a simulator shortfall analysis that
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as includes the training that cannot be
amended by Amdt. 121–250, 60 FR 65949, Dec. completed in a Level C or higher full
20, 1995]
flight simulator; and
§ 121.423 Pilots: Extended Envelope (ii) Alternative methods for achiev-
Training. ing the learning objectives of this sec-
(a) Each certificate holder must in- tion.
clude in its approved training program, (3) A certificate holder may request
the extended envelope training set an extension of a deviation issued
forth in this section with respect to under this section.
each airplane type for each pilot. The (4) Deviations or extensions to devi-
extended envelope training required by ations will be issued for a period not to
this section must be performed in a exceed 12 months.
Level C or higher full flight simulator, (f) Compliance with this section is re-
approved by the Administrator in ac- quired no later than March 12, 2019. For
cordance with § 121.407 of this part. the recurrent training required in para-
(b) Extended envelope training must graph (d) of this section, each pilot
include the following maneuvers and qualified to serve as second in com-
procedures: mand or pilot in command in oper-
(1) Manually controlled slow flight;
ations under this part on March 12, 2019
(2) Manually controlled loss of reli-
must complete the recurrent extended
able airspeed;
(3) Manually controlled instrument envelope training within 12 calendar
departure and arrival; months after March 12, 2019.
(4) Upset recovery maneuvers; and [Doc. No. FAA–2008–0677, 78 FR 67839, Nov. 12,
spaschal on DSKJM0X7X2PROD with CFR

(5) Recovery from bounced landing. 2013; Amdt. 121–382, 85 FR 10923, Feb. 25, 2020]
(c) Extended envelope training must
include instructor-guided hands on ex-

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§ 121.424 14 CFR Ch. I (1–1–21 Edition)

§ 121.424 Pilots: Initial, transition, con- (2) Group II airplanes. Pilot in com-
version, and upgrade flight train- mand, 20 hours; second in command, 10
ing. hours.
(a) Initial, transition, and conversion (e) If the certificate holder’s ap-
flight training for pilots must include proved training program includes a
the following: course of training utilizing an FFS
(1) Flight training and practice in the under § 121.409 (c) and (d) of this part,
maneuvers and procedures set forth in each pilot must successfully com-
the certificate holder’s approved low- plete—
altitude windshear flight training pro- (1) With respect to § 121.409(c) of this
gram and in appendix E to this part, as part—
applicable; and (i) Training and practice in the FFS
(2) Extended envelope training set in at least all of the maneuvers and
forth in § 121.423. procedures set forth in appendix E of
(b) Beginning on April 27, 2022, in ad- this part for initial flight training that
dition to the requirements in para- are capable of being performed in an
graph (a) of this section, initial flight
FFS; and
training for pilots in command must
(ii) A proficiency check in the FFS or
include sufficient scenario-based train-
ing incorporating CRM and leadership the airplane to the level of proficiency
and command skills, to ensure the pi- of a pilot in command or second in
lot’s proficiency as pilot in command. command, as applicable, in at least the
The training required by this para- maneuvers and procedures set forth in
graph may be completed inflight or in appendix F of this part that are capa-
an FSTD. ble of being performed in an FFS.
(c) The training required by para- (2) With respect to § 121.409(d) of this
graph (a) of this section must be per- part, training and practice in at least
formed inflight except— the maneuvers and procedures set forth
(1) That windshear maneuvers and in the certificate holder’s approved
procedures must be performed in an low-altitude windshear flight training
FFS in which the maneuvers and pro- program that are capable of being per-
cedures are specifically authorized to formed in an FFS in which the maneu-
be accomplished; vers and procedures are specifically au-
(2) That the extended envelope train- thorized.
ing required by § 121.423 must be per- (f) Compliance with paragraphs (a)(2)
formed in a Level C or higher full and (c)(2) of this section is required no
flight simulator unless the Adminis- later than March 12, 2019.
trator has issued to the certificate (g) Before April 27, 2022, upgrade
holder a deviation in accordance with flight training must be provided in ac-
§ 121.423(e); and cordance with paragraphs (a), (c), (e),
(3) To the extent that certain other and (f), of this section or § 121.426. Be-
maneuvers and procedures may be per- ginning on April 27, 2022, upgrade flight
formed in an FFS, an FTD, or a static training must be provided as specified
airplane as permitted in appendix E to in § 121.426.
this part.
(d) Except as permitted in paragraph [Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as
(e) of this section, the initial flight amended by Amdt. 121–199, 53 FR 37697, Sept.
training required by paragraph (a)(1) of 27, 1988; Amdt. 121–366, 78 FR 67840, Nov. 12,
this section must include at least the 2013; Amdt. 121–382, 85 FR 10923, Feb. 25, 2020;
Amdt. 121–384, 85 FR 39070, June 30, 2020]
following programmed hours of inflight
training and practice unless reduced
§ 121.425 Flight engineers: Initial and
under § 121.405; transition flight training.
(1) Group I airplanes—
(i) Reciprocating powered. Pilot in (a) Initial and transition flight train-
command, 10 hours; second in com- ing for flight engineers must include at
mand, 6 hours; and least the following:
spaschal on DSKJM0X7X2PROD with CFR

(ii) Turbopropeller powered. Pilot in (1) Training and practice in proce-


command, 15 hours; second in com- dures related to the carrying out of
mand, 7 hours. flight engineer duties and functions.

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Federal Aviation Administration, DOT § 121.426

This training and practice may be ac- (2) Duty position maneuvers and pro-
complished either inflight or in an cedures, as applicable;
FSTD. (3) Extended envelope training set
(2) A flight check that includes— forth in § 121.423;
(i) Preflight inspection; (4) Maneuvers and procedures set
(ii) Inflight performance of assigned forth in the certificate holder’s low al-
duties accomplished from the flight en- titude windshear flight training pro-
gineer station during taxi, runup, take- gram;
off, climb, cruise, descent, approach, (5) Sufficient scenario-based training
and landing; incorporating CRM and leadership and
(iii) Accomplishment of other func- command skills, to ensure the pilot’s
tions, such as fuel management and proficiency as pilot in command; and
preparation of fuel consumption (6) Sufficient training to ensure the
records, and normal and emergency or pilot’s knowledge and skill with re-
alternate operation of all airplane spect to the following:
flight systems, performed either (i) The airplane, its systems and com-
inflight or in an FSTD. ponents;
(b) Flight engineers possessing a (ii) Proper control of airspeed, con-
commercial pilot certificate with an figuration, direction, altitude, and at-
instrument, category and class rating, titude in accordance with the Airplane
or pilots already qualified as second in Flight Manual, the certificate holder’s
command and reverting to flight engi- operations manual, checklists, or other
neer, may complete the entire flight approved material appropriate to the
check, required by paragraph (a)(2) of airplane type; and
this section, in an approved FFS. (iii) Compliance with ATC, instru-
(c) Except as permitted in paragraph ment procedures, or other applicable
(d) of this section, the initial flight procedures.
training required by paragraph (a) of (b) The training required by para-
this section must include at least the graph (a) of this section must be per-
same number of programmed hours of formed inflight except—
flight training and practice that are (1) That windshear maneuvers and
specified for a second in command pilot procedures must be performed in an
under § 121.424(c) unless reduced under FFS in which the maneuvers and pro-
§ 121.405. cedures are specifically authorized to
(d) If the certificate holder’s ap- be accomplished;
proved training program includes a (2) That the extended envelope train-
course of training utilizing an FSTD ing required by § 121.423 must be per-
under § 121.409(c), each flight engineer formed in a Level C or higher FFS un-
must successfully complete in the less the Administrator has issued to
FSTD — the certificate holder a deviation in ac-
(1) Training and practice in at least cordance with § 121.423(e); and
all of the assigned duties, procedures, (3) To the extent that certain other
and functions required by paragraph (a) maneuvers and procedures may be per-
of this section; and formed in an FFS, an FTD, or a static
(2) A flight check to a flight engineer airplane as permitted in Appendix E of
level of proficiency in the assigned du- this part.
ties, procedures, and functions. (c) If the certificate holder’s ap-
[Doc. No. 9509, 35 FR 90, Jan. 3, 1970, as proved training program includes a
amended by Amdt. 121–144, 43 FR 22647, May course of training utilizing an FFS
25, 1978; Amdt. 121–382, 85 FR 10923, Feb. 25, under § 121.409(c) and (d), each pilot
2020] must successfully complete—
(1) With respect to § 121.409(c)—A pro-
§ 121.426 Pilots: Upgrade flight train- ficiency check in the FFS or the air-
ing.
plane to the level of proficiency of a
(a) Upgrade flight training for pilots pilot in command in at least the ma-
spaschal on DSKJM0X7X2PROD with CFR

must include the following: neuvers and procedures set forth in Ap-
(1) Seat dependent maneuvers and pendix F of this part that are capable
procedures, as applicable; of being performed in an FFS.

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§ 121.427 14 CFR Ch. I (1–1–21 Edition)

(2) With respect to § 121.409(d), train- the required subjects specified in para-
ing and practice in at least the maneu- graph (b) of this section unless reduced
vers and procedures set forth in the under § 121.405:
certificate holder’s approved low-alti- (1) For pilots—
tude windshear flight training program (i) Group I reciprocating powered air-
that are capable of being performed in planes, 15 hours;
an FFS in which the maneuvers and (ii) Group I turbopropeller powered
procedures are specifically authorized. airplanes, 19 hours; and
(d) Compliance dates: Beginning on (iii) Group II airplanes, 24 hours.
April 27, 2022, upgrade flight training (2) For flight engineers—
must satisfy the requirements of this (i) Group I, reciprocating powered
section. airplanes, 16 hours;
[Amdt. 121–382, 85 FR 10924, Feb. 25, 2020] (ii) Group I turbopropeller powered
airplanes, 20 hours; and
§ 121.427 Recurrent training. (iii) Group II airplanes, 25 hours.
(a) Recurrent training must ensure (3) For flight attendants—
that each crewmember or aircraft dis- (i) Group I reciprocating powered air-
patcher is adequately trained and cur- planes, 4 hours;
rently proficient with respect to the (ii) Group I turbopropeller powered
type airplane (including differences airplanes, 5 hours; and
training, if applicable) and crew- (iii) Group II airplanes, 12 hours.
member position involved. (4) For aircraft dispatchers—
(b) Recurrent ground training for (i) Group I reciprocating powered air-
crewmembers and dispatchers must in- planes, 8 hours;
clude at least the following: (ii) Group I turbopropeller powered
(1) A quiz or other review to deter-
airplanes, 10 hours; and
mine the state of the crewmember’s or
(iii) Group II airplanes, 20 hours.
dispatcher’s knowledge with respect to
the airplane and position involved. (d) Recurrent ground training for pi-
(2) Instruction as necessary in the lots serving as pilot in command:
following: (1) Within 36 months preceding serv-
(i) For pilots, the subjects required ice as pilot in command, each person
for ground training by §§ 121.415(a)(1), must complete recurrent ground train-
(3), and (4) and 121.419(b); ing on leadership and command and
(ii) For flight engineers, the subjects mentoring. This training is in addition
required for ground training by to the ground training required in
§§ 121.415(a)(1), (3), and (4) and 121.419(a); paragraph (b) of this section and the
(iii) For flight attendants, the sub- programmed hours required in para-
jects required for ground training by graph (c) of this section. This training
§§ 121.415(a)(1), (3), and (4) and 121.421(a); must include instruction and facili-
and tated discussion on the following:
(iv) For aircraft dispatchers, the sub- (i) Leadership and command, includ-
jects required for ground training by ing instruction on flightcrew member
§§ 121.415(a)(1) and (4) and 121.422(a). duties under § 121.542; and
(3) For flight attendants and dis- (ii) Mentoring, including techniques
patchers, a competence check as re- for instilling and reinforcing the high-
quired by §§ 121.421(b) and 121.422(b), re- est standards of technical performance,
spectively. airmanship, and professionalism in
(4) For crewmembers, CRM training newly hired pilots.
and for aircraft dispatchers, DRM (2) The requirements of paragraph
training. For flightcrew members, CRM (d)(1) do not apply until after a pilot
training or portions thereof may be ac- has completed ground training on lead-
complished during an approved FFS ership and command and mentoring, as
line-oriented flight training (LOFT) required by §§ 121.419, 121.420 and 121.429,
session. as applicable.
(c) Recurrent ground training for (e) Recurrent flight training for
spaschal on DSKJM0X7X2PROD with CFR

crewmembers and aircraft dispatchers flightcrew members must include at


must consist of at least the following least the following:
programmed hours of instruction in (1) For pilots—

176

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Federal Aviation Administration, DOT § 121.431

(i) Extended envelope training as re- under this part unless the pilot has
quired by § 121.423 of this part; and completed the following ground train-
(ii) Flight training in an approved ing in accordance with the certificate
FFS in maneuvers and procedures set holder’s approved training program:
forth in the certificate holder’s ap- (1) Leadership and command training
proved low-altitude windshear flight in § 121.419(c)(1) and mentoring training
training program and flight training in in § 121.419(c)(2); or
maneuvers and procedures set forth in (2) Leadership and command training
Appendix F of this part, or in a flight in § 121.420(b)(1) and mentoring training
training program approved by the Ad- in § 121.420(b)(2).
ministrator, except as follows— (b) Credit for training provided by
(A) The number of programmed the certificate holder:
inflight hours is not specified; and (1) The Administrator may credit
(B) Satisfactory completion of a pro- leadership and command training and
ficiency check may be substituted for mentoring training completed by the
recurrent flight training as permitted pilot, with that certificate holder, after
in § 121.433(c) and (e) of this part. April 27, 2017, and prior to April 27,
(2) For flight engineers, flight train- 2020, toward all or part of the training
ing as provided by § 121.425(a) except as required by paragraph (a) of this sec-
follows— tion.
(i) The specified number of inflight (2) In granting credit for the training
hours is not required; and required by paragraph (a) of this sec-
(ii) The flight check, other than the tion, the Administrator may consider
preflight inspection, may be conducted training aids, devices, methods, and
in an FSTD. The preflight inspection procedures used by the certificate hold-
may be conducted in an airplane, or by er in voluntary leadership and com-
using an approved pictorial means that mand and mentoring instruction.
realistically portrays the location and
detail of preflight inspection items and [Amdt. 121–382, 85 FR 10925, Feb. 25, 2020]
provides for the portrayal of abnormal
conditions. Satisfactory completion of Subpart O—Crewmember
an approved line-oriented flight train- Qualifications
ing may be substituted for the flight
check. § 121.431 Applicability.
(f) Compliance and pilot programmed (a) This subpart:
hours: (1) Prescribes crewmember qualifica-
(1) Compliance with the requirements
tions for all certificate holders except
identified in paragraph (e)(1)(i) of this
where otherwise specified; and
section is required no later than March
(2) Permits training center personnel
12, 2019.
authorized under part 142 of this chap-
(2) After March 12, 2019, recurrent
ter who meet the requirements of
programmed hours applicable to pilots
§§ 121.411 through 121.414 to provide
as specified in paragraph (c)(1) of this
training, testing, and checking under
section must include 30 additional min-
contract or other arrangement to those
utes.
persons subject to the requirements of
[Doc. No. 9509, 35 FR 90, Jan. 30, 1970, as this subpart.
amended by Amdt. 121–80, 36 FR 19362, Oct. 5, (b) For the purpose of this subpart,
1971; Amdt. 121–144, 43 FR 22647, May 25, 1978; the airplane groups and terms and defi-
Amdt.121–199, 53 FR 37697, Sept. 27, 1988;
nitions prescribed in § 121.400 and the
Amdt. 121–250, 60 FR 65949, Dec. 20, 1995;
Amdt. 121–281, 66 FR 19043, Apr. 12, 2001; following definitions apply:
Amdt. 121–366, 78 FR 67840, Nov. 12, 2013; Consolidation is the process by which
Amdt. 121–382, 85 FR 10924, Feb. 25, 2020] a person through practice and practical
experience increases proficiency in
§ 121.429 Pilots in command: Leader- newly acquired knowledge and skills.
ship and command and mentoring Line operating flight time is flight time
training. performed in operations under this
spaschal on DSKJM0X7X2PROD with CFR

(a) Beginning on April 27, 2023, no part.


certificate holder may use a pilot as Operating cycle is a complete flight
pilot in command in an operation segment consisting of a takeoff, climb,

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§ 121.432 14 CFR Ch. I (1–1–21 Edition)

enroute portion, descent, and a land- pacity upon completion of transition


ing. training as provided in § 121.415.
[Doc. No. 10171, 36 FR 12284, June 30, 1971, as
(2) Crewmembers who have qualified
amended by Amdt. 121–250, 60 FR 65949, Dec. and served as second in command or
20, 1995; Amdt. 121–248, 60 FR 20869, Apr. 27, flight engineer on a particular type air-
1995; Amdt. 121–250, 60 FR 65949, Dec. 20, 1995; plane may serve as pilot in command
Amdt. 121–259, 61 FR 34561, July 2, 1996; or second in command, respectively,
Amdt. 121–263, 62 FR 13791, Mar. 21, 1997; upon completion of upgrade or conver-
Docket FAA–2010–0100, Amdt. 121–365B, 81 FR sion training, as applicable, for that
2, Jan. 4, 2016; Amdt. 121–382, 85 FR 10925,
airplane as provided in § 121.415.
Feb. 25, 2020]
(b) Differences training. No certificate
§ 121.432 General. holder may use any person nor may
any person serve as a required crew-
(a) Except in the case of operating member on an airplane of a type for
experience under § 121.434 and ground
which differences training is included
training for mentoring required by
in the certificate holder’s approved
§§ 121.419, 121.420, 121.427, and 121.429, as
training program unless that person
applicable, a pilot who serves as second
has satisfactorily completed, with re-
in command of an operation that re-
spect to both the crewmember position
quires three or more pilots must be
and the particular variation of the air-
fully qualified to act as pilot in com-
plane in which the person serves, either
mand of that operation.
initial or transition ground and flight
(b) No certificate holder may conduct
training, or differences training, as
a check or any training in operations
provided in § 121.415.
under this part, except for the fol-
lowing checks and training required by (c) Recurrent training. (1) No certifi-
this part or the certificate holder: cate holder may use any person nor
may any person serve as a required
(1) Line checks for pilots.
crewmember on an airplane unless,
(2) Flight engineer checks (except for
within the preceding 12 calendar
emergency procedures), if the person
months—
being checked is qualified and current
in accordance with § 121.453(a). (i) For flight crewmembers, the per-
son has satisfactorily completed recur-
(3) Flight attendant training and
rent ground and flight training for that
competence checks.
airplane and crewmember position and
(c) Except for pilot line checks and a flight check as applicable;
flight engineer flight checks, the per- (ii) For flight attendants and dis-
son being trained or checked may not patchers, the person has satisfactorily
be used as a required crewmember. completed recurrent ground training
[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as and a competence check; and
amended by Amdt. 121–130, 41 FR 47229, Oct. (iii) In addition, for pilots in com-
28, 1976; Amdt. 121–366, 78 FR 67840, Nov. 12, mand the person has satisfactorily
2013; Amdt. 121–382, 85 FR 10925, Feb. 25, 2020] completed, within the preceding 6 cal-
endar months, recurrent flight training
§ 121.433 Training required. in addition to the recurrent flight
(a) Initial training. No certificate training required in paragraph (c)(1)(i)
holder may use any person nor may of this section, in an airplane in which
any person serve as a required crew- the person serves as pilot in command
member on an airplane unless that per- in operations under this part.
son has satisfactorily completed, in a (2) For pilots, a proficiency check as
training program approved under sub- provided in § 121.441 of this part may be
part N of this part, initial ground and substituted for the recurrent flight
flight training for that type airplane training required by this paragraph
and for the particular crewmember po- and the approved FFS course of train-
sition, except as follows: ing under § 121.409(b) of this part may
(1) Crewmembers who have qualified be substituted for alternate periods of
spaschal on DSKJM0X7X2PROD with CFR

and served as a crewmember on an- recurrent flight training required in


other type airplane of the same group that airplane, except as provided in
may serve in the same crewmember ca- paragraphs (d) and (e) of this section.

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Federal Aviation Administration, DOT § 121.434

(d) For each airplane in which a pilot ence, operating cycles, and line oper-
serves as pilot in command, the person ating flight time for consolidation of
must satisfactorily complete either re- knowledge and skills required by this
current flight training or a proficiency section based upon a designation of re-
check within the preceding 12 calendar lated aircraft in accordance with
months. The requirement in this para- § 121.418(b) of this part and a determina-
graph expires on March 12, 2019. After tion that the certificate holder can
that date, the requirement in demonstrate an equivalent level of
§ 121.441(a)(1)(ii) of this part applies. safety.
(e) Notwithstanding paragraphs (c)(2) (ii) A request for deviation from the
and (d) of this section, a proficiency operating experience, operating cycles,
check as provided in § 121.441 of this and line operating flight time for con-
part may not be substituted for the ex- solidation of knowledge and skills re-
tended envelope training required by quired by this section based upon a des-
§ 121.423 or training in those maneuvers ignation of related aircraft must be
and procedures set forth in a certifi- submitted to the Administrator. The
cate holder’s approved low-altitude request must include the following:
windshear flight training program (A) Identification of aircraft operated
when that program is included in a re- by the certificate holder designated as
current flight training course as re- related aircraft.
quired by § 121.409(d) of this part. (B) Hours of operating experience and
number of operating cycles necessary
[Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as
amended by Amdt. 121–91, 37 FR 10729, May based on review of the related aircraft,
27, 1972; Amdt. 121–199, 53 FR 37697, Sept. 27, the operation, and the duty position.
1988; Amdt. 121–366, 78 FR 67840, Nov. 12, 2013; (C) Consolidation hours necessary
Amdt. 121–382, 85 FR 10925, Feb. 25, 2020] based on review of the related aircraft,
the operation, and the duty position.
§ 121.434 Operating experience, oper- (iii) The administrator may, at any
ating cycles, and consolidation of time, terminate a grant of deviation
knowledge and skills. authority issued under this paragraph
(a) No certificate holder may use a (a)(4).
person nor may any person serve as a (b) In acquiring the operating experi-
required crewmember of an airplane ence, operating cycles, and line oper-
unless the person has satisfactorily ating flight time for consolidation of
completed, on that type airplane and in knowledge and skills, crewmembers
that crewmember position, the oper- must comply with the following:
ating experience, operating cycles, and (1) In the case of a flight crew-
the line operating flight time for con- member, the person must hold the ap-
solidation of knowledge and skills, re- propriate certificates and ratings for
quired by this section, except as fol- the crewmember position and the air-
lows: plane, except that a pilot who is meet-
(1) Crewmembers other than pilots in ing the pilot in command requirements
command may serve as provided herein must hold the appropriate certificates
for the purpose of meeting the require- and ratings for a pilot in command in
ments of this section. the airplane.
(2) Pilots who are meeting the pilot (2) The operating experience, oper-
in command requirements may serve as ating cycles, and line operating flight
second in command. time for consolidation of knowledge
(3) Separate operating experience, op- and skills must be acquired after satis-
erating cycles, and line operating factory completion of the appropriate
flight time for consolidation of knowl- ground and flight training for the par-
edge and skills are not required for ticular airplane type and crewmember
variations within the same type air- position.
plane. (3) In the case of a pilot who satisfac-
(4) Deviation based upon designation torily completed the preflight visual
of related aircraft in accordance with inspection of an aircraft by approved
spaschal on DSKJM0X7X2PROD with CFR

§ 121.418(b). pictorial means during an initial, tran-


(i) The Administrator may authorize sition, conversion, or upgrade pro-
a deviation from the operating experi- ficiency check, the pilot must also

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§ 121.434 14 CFR Ch. I (1–1–21 Edition)

demonstrate proficiency to a check experience in both airplane groups


pilot on at least one complete preflight must include at least 4 operating cy-
visual inspection of the interior and ex- cles (at least 2 as the pilot flying the
terior of a static airplane. This dem- airplane).
onstration of proficiency must be com- (ii) For transition training, except as
pleted by the pilot and certified by the provided in paragraph (c)(3)(iii) of this
check pilot before the completion of section, 10 hours in Group I recipro-
operating experience. cating powered airplanes, 12 hours in
(4) The experience must be acquired Group I turbopropeller powered air-
inflight during operations under this planes, 25 hours for pilots in command
part. However, in the case of an air- in Group II airplanes, and 15 hours for
craft not previously used by the certifi- second in command pilots in Group II
cate holder in operations under this airplanes. Operating experience in both
part, operating experience acquired in airplane groups must include at least 4
the aircraft during proving flights or operating cycles (at least 2 as the pilot
ferry flights may be used to meet this flying the airplane).
requirement. (iii) In the case of transition training
(c) Pilot crewmembers must acquire where the certificate holder’s approved
operating experience and operating cy- training program includes a course of
cles as follows: training in an FFS under § 121.409(c),
(1) A pilot in command must— each pilot in command must comply
(i) Perform the duties of a pilot in with the requirements prescribed in
command under the supervision of a paragraph (c)(3)(i) of this section for
check pilot; and initial training.
(ii) For a qualifying pilot in com-
(d) A flight engineer must perform
mand completing initial or upgrade
the duties of a flight engineer under
training specified in § 121.424 or
the supervision of a check airman or a
§ 121.426, be observed in the perform-
qualified flight engineer for at least
ance of prescribed duties by an FAA in-
the following number of hours:
spector during at least one flight leg
which includes a takeoff and landing. (1) Group I reciprocating powered air-
During the time that a qualifying pilot planes, 8 hours.
in command is acquiring the operating (2) Group I turbopropeller powered
experience in paragraphs (c)(l)(i) and airplanes, 10 hours.
(ii) of this section, a check pilot who is (3) Group II airplanes, 12 hours.
also serving as the pilot in command (e) A flight attendant must, for at
must occupy a pilot station. However, least 5 hours, perform the assigned du-
in the case of a transitioning pilot in ties of a flight attendant under the su-
command the check pilot serving as pervision of a flight attendant super-
pilot in command may occupy the ob- visor qualified under this part who per-
server’s seat, if the transitioning pilot sonally observes the performance of
has made at least two takeoffs and these duties. However, operating expe-
landings in the type airplane used, and rience is not required for a flight at-
has satisfactorily demonstrated to the tendant who has previously acquired
check pilot that he is qualified to per- such experience on any large passenger
form the duties of a pilot in command carrying airplane of the same group, if
of that type of airplane. the certificate holder shows that the
(2) A second in command pilot must flight attendant has received sufficient
perform the duties of a second in com- ground training for the airplane in
mand under the supervision of an ap- which the flight attendant is to serve.
propriately qualified check pilot. Flight attendants receiving operating
(3) The hours of operating experience experience may not be assigned as a re-
and operating cycles for all pilots are quired crewmember. Flight attendants
as follows: who have satisfactorily completed
(i) For initial training, 15 hours in training time acquired in an approved
Group I reciprocating powered air- training program conducted in a full-
spaschal on DSKJM0X7X2PROD with CFR

planes, 20 hours in Group I turbo- scale (except for length) cabin training
propeller powered airplanes, and 25 device of the type airplane in which
hours in Group II airplanes. Operating they are to serve may substitute this

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Federal Aviation Administration, DOT § 121.434

time for 50 percent of the hours re- priately qualified instructor or check
quired by this paragraph. pilot.
(f) Flight crewmembers may sub- (4) If the required 100 hours of line
stitute one additional takeoff and land- operating flight time are not com-
ing for each hour of flight to meet the pleted within 120 days, the certificate
operating experience requirements of holder may extend the 120-day period
this section, up to a maximum reduc- to no more than 150 days if—
tion of 50% of flight hours, except (i) The pilot continues to meet all
those in Group II initial training, and other applicable requirements of sub-
second in command pilots in Group II part O of this part; and
transition training. (ii) On or before the 120th day the
(g) Except as provided in paragraph pilot satisfactorily completes refresher
(h) of this section, pilot in command training conducted by an appropriately
and second in command crewmembers qualified instructor or check pilot as
must each acquire at least 100 hours of provided in the certificate holder’s ap-
line operating flight time for consoli- proved training program, or a check
dation of knowledge and skills (includ- pilot determines that the pilot has re-
ing operating experience required tained an adequate level of proficiency
under paragraph (c) of this section) after observing that pilot in a super-
within 120 days after the satisfactory vised line operating flight.
completion of: (5) The Administrator, upon applica-
(1) Any part of the flight maneuvers tion by the certificate holder, may au-
and procedures portion of either an air- thorize deviations from the require-
line transport pilot certificate with ments of paragraph (g) of this section,
type rating practical test or an addi- by an appropriate amendment to the
tional type rating practical test, or operations specifications, to the extent
(2) A § 121.441 proficiency check. warranted by any of the following cir-
cumstances:
(h) The following exceptions apply to
the consolidation requirement of para- (i) A newly certificated certificate
holder does not employ any pilots who
graph (g) of this section:
meet the minimum requirements of
(1) Pilots who have qualified and
paragraph (g) of this section.
served as pilot in command or second
(ii) An existing certificate holder
in command on a particular type air-
adds to its fleet an airplane type not
plane in operations under this part be-
before proven for use in its operations.
fore August 25, 1995 are not required to
(iii) A certificate holder establishes a
complete line operating flight time for
new domicile to which it assigns pilots
consolidation of knowledge and skills.
who will be required to become quali-
(2) Pilots who have completed the fied on the airplanes operated from
line operating flight time requirement that domicile.
for consolidation of knowledge and
(i) Notwithstanding the reductions in
skills while serving as second in com-
programmed hours permitted under
mand on a particular type airplane in
§§ 121.405 and 121.409 of subpart N of this
operations under this part after August
part, the hours of operating experience
25, 1995 are not required to repeat the
for crewmembers are not subject to re-
line operating flight time before serv-
duction other than as provided in ac-
ing as pilot in command on the same
cordance with a deviation authorized
type airplane.
under paragraph (a) of this section or
(3) If, before completing the required as provided in paragraphs (e) and (f) of
100 hours of line operating flight time, this section.
a pilot serves as a pilot in another air-
plane type operated by the certificate [Doc. No. 9509, 35 FR 95, Jan. 3, 1970, as
holder, the pilot may not serve as a amended by Amdt. 121–74, 36 FR 12284, June
pilot in the airplane for which the pilot 30, 1971; Amdt. 121–91, 37 FR 10729, May 27,
1972; Amdt. 121–140, 43 FR 9599, Mar. 9, 1978;
has newly qualified unless the pilot
Amdt. 121–144, 43 FR 22647, May 25, 1978;
satifactorily completes refresher train- Amdt. 121–159, 45 FR 41593, June 19, 1980;
spaschal on DSKJM0X7X2PROD with CFR

ing as provided in the certificate hold- Amdt. 121–248, 60 FR 20870, Apr. 27, 1995;
er’s approved training program and Amdt. 121–366, 78 FR 67840, Nov. 12, 2013;
that training is conducted by an appro- Amdt. 121–382, 85 FR 10925, Feb. 25, 2020]

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§ 121.435 14 CFR Ch. I (1–1–21 Edition)

§ 121.435 Pilots: Operations Famil- in operations under this part that do


iarization. not have an observer seat on the flight
(a) Applicability. The operations fa- deck;
miliarization requirements in para- (ii) The total number and types of
graph (b) of this section apply to all aircraft operated by the certificate
persons newly hired by the certificate holder in operations under this part
holder to serve as a pilot in part 121 op- that do have an observer seat on the
erations and who began the certificate flight deck; and
holder’s basic indoctrination ground (iii) Alternative methods for achiev-
training on or after April 27, 2022. The ing the objectives of this section.
requirements in paragraph (b) of this (3) A certificate holder may request
section also apply to all certificate an extension of a deviation issued
holders required to comply with this
under this section.
subpart, except for those certificate
holders operating under part 135 of this (4) Deviations or extensions to devi-
chapter that have been authorized to ations will be issued for a period not to
comply with this subpart instead of the exceed 12 months.
requirements of part 135, subparts E, G, [Amdt. 121–382, 85 FR 10925, Feb. 25, 2020]
and H, pursuant to § 135.3(c), and those
fractional ownership program man- § 121.436 Pilot Qualification: Certifi-
agers operating under part 91, subpart cates and experience requirements.
K, of this chapter that have been au- (a) No certificate holder may use nor
thorized to comply with this subpart
may any pilot act as pilot in command
instead of §§ 91.1065 through 91.1107, pur-
of an aircraft (or as second in command
suant to § 91.1063(b) of this chapter.
of an aircraft in a flag or supplemental
(b) Operations familiarization require-
ments. (1) No certificate holder may operation that requires three or more
use, and no person may serve as, a pilot pilots) unless the pilot:
in operations under this part unless (1) Holds an airline transport pilot
that person has completed the oper- certificate not subject to the limita-
ations familiarization required by this tions in § 61.167 of this chapter;
paragraph (b). Operations familiariza- (2) Holds an appropriate aircraft type
tion may be completed during or after rating for the aircraft being flown; and
basic indoctrination training, but must (3) If serving as pilot in command in
be completed before the pilot begins part 121 operations, has 1,000 hours as
operating experience under § 121.434. second in command in operations under
(2) Operations familiarization must this part, pilot in command in oper-
include at least two operating cycles ations under § 91.1053(a)(2)(i) of this
conducted by the certificate holder in chapter, pilot in command in oper-
accordance with the operating rules of ations under § 135.243(a)(1) of this chap-
this part. ter, or any combination thereof. For
(3) All pilots completing operations those pilots who are employed as pilot
familiarization must occupy the ob- in command in part 121 operations on
server seat on the flight deck and have July 31, 2013, compliance with the re-
access to and use an operational head- quirements of this paragraph (a)(3) is
set. not required.
(c) Deviation. (1) A certificate holder
(b) No certificate holder may use nor
who operates an aircraft that does not
have an observer seat on the flight may any pilot act as second in com-
deck may submit a request to the Ad- mand unless the pilot holds an airline
ministrator for approval of a deviation transport pilot certificate and an ap-
from the requirements of paragraphs propriate aircraft type rating for the
(a) and (b) of this section. aircraft being flown. A second-in-com-
(2) A request for deviation from any mand type rating obtained under § 61.55
of the requirements in paragraphs (a) does not satisfy the requirements of
and (b) of this section must include the this section.
spaschal on DSKJM0X7X2PROD with CFR

following information: (c) For the purpose of satisfying the


(i) The total number and types of air- flight hour requirement in paragraph
craft operated by the certificate holder (a)(3) of this section, a pilot may credit

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Federal Aviation Administration, DOT § 121.439

500 hours of military flight time ob- least 75 hours of line operating flight
tained as pilot in command of a multi- time, either as pilot in command or
engine turbine-powered, fixed-wing air- second in command. The Administrator
plane in an operation requiring more may, upon application by the certifi-
than one pilot. cate holder, authorize deviations from
(d) Compliance with the require- the requirements of this paragraph (b)
ments of this section is required by Au- by an appropriate amendment to the
gust 1, 2013. However, for those pilots operations specifications in any of the
who are employed as second in com- following circumstances:
mand in part 121 operations on July 31, (1) A newly certificated certificate
2013, compliance with the type rating holder does not employ any pilots who
requirement in paragraph (b) of this meet the minimum requirements of
section is not required until January 1, this paragraph.
2016. (2) An existing certificate holder adds
[Doc. No. FAA–2010–0100, 78 FR 42378, July 15, to its fleet a type airplane not before
2013, as amended by Amdt. 121–365A, 78 FR proven for use in its operations.
77574, Dec. 24, 2013] (3) An existing certificate holder es-
§ 121.438 Pilot operating limitations tablishes a new domicile to which it as-
and pairing requirements. signs pilots who will be required to be-
come qualified on the airplanes oper-
(a) If the second in command has
ated from that domicile.
fewer than 100 hours of flight time as
second in command in operations under [Doc. No. 27210, 60 FR 20870, Apr. 27, 1995]
this part in the type airplane being
flown, and the pilot in command is not § 121.439 Pilot qualification: Recent
an appropriately qualified check pilot, experience.
the pilot in command must make all (a) No certificate holder may use any
takeoffs and landings in the following person nor may any person serve as a
situations: required pilot flightcrew member, un-
(1) At special airports designated by less within the preceding 90 days, that
the Administrator or at special air- person has made at least three takeoffs
ports designated by the certificate and landings in the type airplane in
holder; and which that person is to serve. The
(2) In any of the following conditions: takeoffs and landings required by this
(i) The prevailing visibility value in paragraph may be performed in a Level
the latest weather report for the air- B or higher FFS approved under
port is at or below 3⁄4 mile.
§ 121.407 to include takeoff and landing
(ii) The runway visual range for the
maneuvers. In addition, any person
runway to be used is at or below 4,000
who fails to make the three required
feet.
takeoffs and landings within any con-
(iii) The runway to be used has
secutive 90-day period must re-estab-
water, snow, slush or similar condi-
lish recency of experience as provided
tions that may adversely affect air-
in paragraph (b) of this section.
plane performance.
(iv) The braking action on the run- (b) In addition to meeting all applica-
way to be used is reported to be less ble training and checking requirements
than ‘‘good’’. of this part, a required pilot flightcrew
(v) The crosswind component for the member who has not met the require-
runway to be used is in excess of 15 ments of paragraph (a) of this section
knots. must re-establish recency of experience
(vi) Windshear is reported in the vi- as follows:
cinity of the airport. (1) Under the supervision of a check
(vii) Any other condition in which airman, make at least three takeoffs
the PIC determines it to be prudent to and landings in the type airplane in
exercise the PIC’s prerogative. which that person is to serve or in a
(b) No person may conduct oper- Level B or higher FFS.
spaschal on DSKJM0X7X2PROD with CFR

ations under this part unless, for that (2) The takeoffs and landings re-
type airplane, either the pilot in com- quired in paragraph (b)(1) of this sec-
mand or the second in command has at tion must include—

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§ 121.440 14 CFR Ch. I (1–1–21 Edition)

(i) At least one takeoff with a simu- authority issued under this paragraph
lated failure of the most critical pow- (f).
erplant; [Doc. No. 16383, 43 FR 22648, May 25, 1978, as
(ii) At least one landing from an ILS amended by Amdt. 121–148, 43 FR 46235, Oct.
approach to the lowest ILS minimum 5, 1978; Amdt. 121–179, 47 FR 33390, Aug. 2,
authorized for the certificate holder; 1982; Amdt. 121–366, 78 FR 67841, Nov. 12, 2013;
and Amdt. 121–382, 85 FR 10926, Feb. 25, 2020]
(iii) At least one landing to a full § 121.440 Line checks.
stop.
(a) No certificate holder may use any
(c) [Reserved]
person nor may any person serve as
(d) When using an FFS to accomplish pilot in command of an airplane unless,
any of the requirements of paragraphs within the preceding 12 calendar
(a) or (b) of this section, each required months, that person has passed a line
flightcrew member position must be check in which he satisfactorily per-
occupied by an appropriately qualified forms the duties and responsibilities of
person, and the FFS must be operated a pilot in command in one of the types
as if in a normal inflight environment of airplanes he is to fly.
without use of the repositioning fea- (b) A pilot in command line check for
tures of the FFS. domestic and flag operations must—
(e) A check airman who observes the (1) Be given by a pilot check airman
takeoffs and landings prescribed in who is currently qualified on both the
paragraph (b)(1) of this section shall route and the airplane; and
certify that the person being observed (2) Consist of at least one flight over
is proficient and qualified to perform a typical part of the certificate hold-
flight duty in operations under this er’s route, or over a foreign or Federal
part and may require any additional airway, or over a direct route.
maneuvers that are determined nec- (c) A pilot in command line check for
essary to make this certifying state- supplemental operations must—
(1) Be given by a pilot check airman
ment.
who is currently qualified on the air-
(f) Deviation authority based upon plane; and
designation of related aircraft in ac- (2) Consist of at least one flight over
cordance with § 121.418(b). a part of a Federal airway, foreign air-
(1) The Administrator may authorize way, or advisory route over which the
a deviation from the requirements of pilot may be assigned.
paragraph (a) of this section based
[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as
upon a designation of related aircraft amended by Amdt. 121–143, 43 FR 22642, May
in accordance with § 121.418(b) of this 25, 1978; Amdt. 121–253, 61 FR 2612, Jan. 26,
part and a determination that the cer- 1996; Amdt. 121–344, 74 FR 34235, July 15, 2009;
tificate holder can demonstrate an Amdt. 121–359, 77 FR 34785, June 12, 2012]
equivalent level of safety.
(2) A request for deviation from para- § 121.441 Proficiency checks.
graph (a) of this section must be sub- (a) No certificate holder may use any
mitted to the Administrator. The re- person nor may any person serve as a
quest must include the following: required pilot flight crewmember un-
(i) Identification of aircraft operated less that person has satisfactorily com-
by the certificate holder designated as pleted either a proficiency check, or an
related aircraft. approved FFS course of training under
§ 121.409, as follows:
(ii) The number of takeoffs, landings,
(1) For a pilot in command—
maneuvers, and procedures necessary
(i) Before March 12, 2019,
to maintain or re-establish recency (A) A proficiency check within the
based on review of the related aircraft, preceding 12 calendar months and,
the operation, and the duty position. (B) In addition, within the preceding
(3) The administrator may, at any 6 calendar months, either a proficiency
spaschal on DSKJM0X7X2PROD with CFR

time, terminate a grant of deviation check or the approved FFS course of


training.
(ii) Beginning on March 12, 2019,

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Federal Aviation Administration, DOT § 121.441

(A) A proficiency check within the son giving the proficiency check may
preceding 12 calendar months in the give additional training to the pilot
aircraft type in which the person is to during the course of the proficiency
serve and, check. In addition to repeating the ma-
(B) In addition, within the preceding neuvers failed, the person giving the
6 calendar months, either a proficiency proficiency check may require the
check or the approved FFS course of pilot being checked to repeat any other
training. maneuvers he finds are necessary to de-
(2) For all other pilots— termine the pilot’s proficiency. If the
(i) Within the preceding 24 calendar pilot being checked is unable to dem-
months either a proficiency check or onstrate satisfactory performance to
the line-oriented flight training course
the person conducting the check, the
under § 121.409; and
certificate holder may not use him nor
(ii) Within the preceding 12 calendar
months, either a proficiency check or may he serve in operations under this
any FFS training course under § 121.409 part until he has satisfactorily com-
(b) Except as provided in paragraphs pleted a proficiency check.
(c) and (d) of this section, a proficiency (f) Deviation authority based upon
check must meet the following require- designation of related aircraft in ac-
ments: cordance with § 121.418(b) of this part.
(1) It must include at least the proce- (1) The Administrator may authorize
dures and maneuvers set forth in ap- a deviation from the proficiency check
pendix F to this part unless otherwise requirements of paragraphs (a), (b)(1),
specifically provided in that appendix. and (c) of this section based upon a des-
(2) It must be given by the Adminis- ignation of related aircraft in accord-
trator or a pilot check airman. ance with § 121.418(b) of this part and a
(c) An approved FFS or FTD may be determination that the certificate
used in the conduct of a proficiency holder can demonstrate an equivalent
check as provided in appendix F to this level of safety.
part. (2) A request for deviation from para-
(d) A person giving a proficiency graphs (a), (b)(1), and (c) of this section
check may, in his or her discretion,
must be submitted to the Adminis-
waive any of the maneuvers or proce-
trator. The request must include the
dures for which a specific waiver au-
following:
thority is set forth in Appendix F of
this part if the conditions in para- (i) Identification of aircraft operated
graphs (d)(1) through (3) of this section by the certificate holder designated as
are satisfied: related aircraft.
(1) The Administrator has not specifi- (ii) Based on review of the related
cally required the particular maneuver aircraft, the operation, and the duty
or procedure to be performed. position:
(2) The pilot being checked is, at the (A) For recurrent proficiency checks,
time of the check, employed by a cer- the frequency of the related aircraft
tificate holder as a pilot. proficiency check, the maneuvers and
(3) The pilot being checked meets one procedures to be included in the related
of the following conditions: aircraft proficiency check, and the
(i) The pilot is currently qualified for level of FSTD to be used for each ma-
operations under this part in the par- neuver and procedure.
ticular type airplane and flightcrew (B) For qualification proficiency
member position. checks, the maneuvers and procedures
(ii) The pilot has, within the pre- to be included in the related aircraft
ceding six calendar months, satisfac-
proficiency check and the level of
torily completed an approved training
FSTD to be used for each maneuver
curriculum, except for an upgrade
training curriculum in accordance with and procedure.
§§ 121.420 and 121.426, for the particular (3) The administrator may, at any
spaschal on DSKJM0X7X2PROD with CFR

type airplane. time, terminate a grant of deviation


(e) If the pilot being checked fails
any of the required maneuvers, the per-

185

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§ 121.443 14 CFR Ch. I (1–1–21 Edition)

authority issued under this paragraph § 121.445 Pilot in command airport


(f). qualification: Special areas and air-
ports.
[Doc. No. 9509, 35 FR 96, Jan. 3, 1970, as
amended by Amdt. 121–103, 38 FR 12203, May (a) The Administrator may deter-
10, 1973, Amdt. 121–108, 38 FR 35446, Dec. 28, mine that certain airports (due to
1973; Amdt. 121–144, 43 FR 22648, May 25, 1978; items such as surrounding terrain, ob-
Amdt. 121–263, 62 FR 13791, Mar. 21, 1997; structions, or complex approach or de-
Amdt. 121–366, 78 FR 67841, Nov. 12, 2013; parture procedures) are special airports
Docket FAA–2016–9526, Amdt. 121–377, 81 FR requiring special airport qualifications
90983, Dec. 16, 2016; Amdt. 121–377A, 81 FR and that certain areas or routes, or
95860, Dec. 29, 2016; Amdt. 121–377B, 83 FR
both, require a special type of naviga-
12475, Mar. 22, 2018; Amdt. 121–382, 85 FR
10926, Feb. 25, 2020] tion qualification.
(b) Except as provided in paragraph
§ 121.443 Pilot in command qualifica- (c) of this section, no certificate holder
tion: Route and airports. may use any person, nor may any per-
son serve, as pilot in command to or
(a) Each certificate holder shall pro-
from an airport determined to require
vide a system acceptable to the Admin-
special airport qualifications unless,
istrator for disseminating the informa-
within the preceding 12 calendar
tion required by paragraph (b) of this
months:
section to the pilot in command and
(1) The pilot in command or second in
appropriate flight operation personnel.
command has made an entry to that
The system must also provide an ac-
airport (including a takeoff and land-
ceptable means for showing compliance
ing) while serving as a pilot flight
with § 121.445.
crewmember; or
(b) No certificate holder may use any
(2) The pilot in command has quali-
person, nor may any person serve, as fied by using pictorial means accept-
pilot in command unless the certificate able to the Administrator for that air-
holder has provided that person cur- port.
rent information concerning the fol- (c) Paragraph (b) of this section does
lowing subjects pertinent to the areas not apply when an entry to that air-
over which that person is to serve, and port (including a takeoff or a landing)
to each airport and terminal area into is being made if the ceiling at that air-
which that person is to operate, and port is at least 1,000 feet above the low-
ensures that that person has adequate est MEA or MOCA, or initial approach
knowledge of, and the ability to use, altitude prescribed for the instrument
the information: approach procedure for that airport,
(1) Weather characteristics appro- and the visibility at that airport is at
priate to the season. least 3 miles.
(2) Navigation facilities. (d) No certificate holder may use any
(3) Communication procedures, in- person, nor may any person serve, as
cluding airport visual aids. pilot in command between terminals
(4) Kinds of terrain and obstructions. over a route or area that requires a
(5) Minimum safe flight levels. special type of navigation qualification
(6) En route and terminal area ar- unless, within the preceding 12 cal-
rival and departure procedures, holding endar months, that person has dem-
procedures and authorized instrument onstrated qualification on the applica-
approach procedures for the airports ble navigation system in a manner ac-
involved. ceptable to the Administrator, by one
(7) Congested areas and physical lay- of the following methods:
out of each airport in the terminal area (1) By flying over a route or area as
in which the pilot will operate. pilot in command using the applicable
(8) Notices to Airmen. special type of navigation system.
(2) By flying over a route or area as
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 17897, 45 FR 41594, June 19, 1980; pilot in command under the super-
Amdt. 121–159, 45 FR 43154, June 26, 1980] vision of a check airman using the spe-
cial type of navigation system.

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Federal Aviation Administration, DOT § 121.463

(3) By completing the training pro- son has, with respect to an airplane of
gram requirements of appendix G of that group, satisfactorily completed
this part. the following:
[Doc. No. 17897, 45 FR 41594, June 19, 1980] (1) Initial dispatcher training, except
that a person who has satisfactorily
§ 121.447 [Reserved] completed such training for another
type airplane of the same group need
§ 121.453 Flight engineer qualifica- only complete the appropriate transi-
tions. tion training.
(a) No certificate holder may use any (2) Operating familiarization con-
person nor may any person serve as a sisting of at least 5 hours observing op-
flight engineer on an airplane unless, erations under this part from the flight
within the preceding 6 calendar deck or, for airplanes without an ob-
months, he has had at least 50 hours of server seat on the flight deck, from a
flight time as a flight engineer on that forward passenger seat with headset or
type airplane or the certificate holder speaker. This requirement may be re-
or the Administrator has checked him duced to a minimum of 21⁄2 hours by the
on that type airplane and determined substitution of one additional takeoff
that he is familiar and competent with and landing for an hour of flight. A per-
all essential current information and son may serve as an aircraft dispatcher
operating procedures. without meeting the requirement of
(b) A flight check given in accord- this paragraph (a) for 90 days after ini-
ance with § 121.425(a)(2) satisfies the re- tial introduction of the airplane into
quirements of paragraph (a) of this sec- operations under this part.
tion. (b) No certificate holder conducting
[Doc. No. 9509, 35 FR 96, Jan. 3, 1970] domestic or flag operations may use
any person, nor may any person serve,
§§ 121.455–121.459 [Reserved] as an aircraft dispatcher for a par-
ticular type airplane unless that per-
Subpart P—Aircraft Dispatcher son has, with respect to that airplane,
Qualifications and Duty Time satisfactorily completed differences
training, if applicable.
Limitations: DOMESTIC AND FLAG OPER- (c) No certificate holder conducting
ATIONS; FLIGHT ATTENDANT DUTY PE- domestic or flag operations may use
RIOD LIMITATIONS AND REST REQUIRE- any person, nor may any person serve,
MENTS: DOMESTIC, FLAG, AND SUPPLE- as an aircraft dispatcher unless within
MENTAL OPERATIONS the preceding 12 calendar months the
aircraft dispatcher has satisfactorily
§ 121.461 Applicability.
completed operating familiarization
This subpart prescribes— consisting of at least 5 hours observing
(a) Qualifications and duty time limi- operations under this part, in one of
tations for aircraft dispatchers for cer- the types of airplanes in each group to
tificate holders conducting domestic be dispatched. This observation shall
flag operations; and be made from the flight deck or, for
(b) Duty period limitations and rest airplanes without an observer seat on
requirements for flight attendants used the flight deck, from a forward pas-
by certificate holders conducting do- senger seat with headset or speaker.
mestic, flag, or supplemental oper- The requirement of paragraph (a) of
ations. this section may be reduced to a min-
[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996] imum of 21⁄2 hours by the substitution
of one additional takeoff and landing
§ 121.463 Aircraft dispatcher qualifica- for an hour of flight. The requirement
tions. of this paragraph may be satisfied by
(a) No certificate holder conducting observation of 5 hours of simulator
domestic or flag operations may use training for each airplane group in one
spaschal on DSKJM0X7X2PROD with CFR

any person, nor may any person serve, of the simulators approved under
as an aircraft dispatcher for a par- § 121.407 for the group. However, if the
ticular airplane group unless that per- requirement of paragraph (a) is met by

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§ 121.465 14 CFR Ch. I (1–1–21 Edition)

the use of a simulator, no reduction in (3) Each dispatcher must be relieved


hours is permitted. of all duty with the certificate holder
(d) No certificate holder conducting for at least 24 consecutive hours during
domestic or flag operations may use any seven consecutive days or the
any person, nor may any person serve equivalent thereof within any calendar
as an aircraft dispatcher to dispatch month.
airplanes in operations under this part (c) Notwithstanding paragraphs (a)
unless the certificate holder has deter- and (b) of this section, a certificate
mined that he is familiar with all es- holder conducting flag operations may,
sential operating procedures for that if authorized by the Administrator,
segment of the operation over which he schedule an aircraft dispatcher at a
exercises dispatch jurisdiction. How- duty station outside of the 48 contig-
ever, a dispatcher who is qualified to uous States and the District of Colum-
dispatch airplanes through one seg- bia, for more than 10 consecutive hours
ment of an operation may dispatch air- of duty in a 24-hour period if that air-
planes through other segments of the craft dispatcher is relieved of all duty
operation after coordinating with dis- with the certificate holder for at least
patchers who are qualified to dispatch eight hours during each 24-hour period.
airplanes through those other seg- [Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]
ments.
(e) For the purposes of this section, § 121.467 Flight attendant duty period
the airplane groups, terms, and defini- limitations and rest requirements:
tions in § 121.400 apply. Domestic, flag, and supplemental
operations.
[Doc. No. 7325, 37 FR 5607, Mar. 17, 1972, as
amended by Amdt. 121–251, 60 FR 65934, Dec. (a) For purposes of this section—
20, 1995] Calendar day means the period of
elapsed time, using Coordinated Uni-
§ 121.465 Aircraft dispatcher duty time versal Time or local time, that begins
limitations: Domestic and flag oper- at midnight and ends 24 hours later at
ations. the next midnight.
(a) Each certificate holder con- Duty period means the period of
ducting domestic or flag operations elapsed time between reporting for an
shall establish the daily duty period for assignment involving flight time and
a dispatcher so that it begins at a time release from that assignment by the
that allows him or her to become thor- certificate holder conducting domestic,
oughly familiar with existing and an- flag, or supplemental operations. The
ticipated weather conditions along the time is calculated using either Coordi-
route before he or she dispatches any nated Universal Time or local time to
airplane. He or she shall remain on reflect the total elapsed time.
duty until each airplane dispatched by Flight attendant means an individual,
him or her has completed its flight, or other than a flight crewmember, who is
has gone beyond his or her jurisdiction, assigned by a certificate holder con-
or until he or she is relieved by another ducting domestic, flag, or supple-
qualified dispatcher. mental operations, in accordance with
(b) Except in cases where cir- the required minimum crew com-
cumstances or emergency conditions plement under the certificate holder’s
beyond the control of the certificate operations specifications or in addition
holder require otherwise— to that minimum complement, to duty
(1) No certificate holder conducting in an aircraft during flight time and
domestic or flag operations may sched- whose duties include but are not nec-
ule a dispatcher for more than 10 con- essarily limited to cabin-safety-related
secutive hours of duty; responsibilities.
(2) If a dispatcher is scheduled for Rest period means the period free of
more than 10 hours of duty in 24 con- all restraint or duty for a certificate
secutive hours, the certificate holder holder conducting domestic, flag, or
spaschal on DSKJM0X7X2PROD with CFR

shall provide him or her a rest period supplemental operations and free of all
of at least eight hours at or before the responsibility for work or duty should
end of 10 hours of duty. the occasion arise.

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Federal Aviation Administration, DOT § 121.467

(b) Except as provided in paragraph least two flight attendants in addition


(c) of this section, a certificate holder to the minimum flight attendant com-
conducting domestic, flag, or supple- plement required for the flight or
mental operations may assign a duty flights in that duty period under the
period to a flight attendant only when certificate holder’s operations speci-
the applicable duty period limitations fications.
and rest requirements of this para- (6) A certificate holder conducting
graph are met. domestic, flag, or supplemental oper-
(1) Except as provided in paragraphs ations may assign a flight attendant to
(b)(4), (b)(5), and (b)(6) of this section, a scheduled duty period of more than 18
no certificate holder conducting do- hours, but no more than 20 hours, if the
mestic, flag, or supplemental oper- scheduled duty period includes one or
ations may assign a flight attendant to more flights that land or take off out-
a scheduled duty period of more than 14 side the 48 contiguous states and the
hours. District of Columbia, and if the certifi-
(2) Except as provided in paragraph cate holder has assigned to the flight
(b)(3) of this section, a flight attendant or flights in that duty period at least
scheduled to a duty period of 14 hours three flight attendants in addition to
or less as provided under paragraph the minimum flight attendant com-
(b)(1) of this section must be given a plement required for the flight or
scheduled rest period of at least 9 con- flights in that duty period under the
secutive hours. This rest period must domestic certificate holder’s oper-
occur between the completion of the ations specifications.
scheduled duty period and the com-
(7) Except as provided in paragraph
mencement of the subsequent duty pe-
(b)(8) of this section, a flight attendant
riod.
scheduled to a duty period of more
(3) The rest period required under
than 14 hours but no more than 20
paragraph (b)(2) of this section may be
hours, as provided in paragraphs (b)(4),
scheduled or reduced to 8 consecutive
(b)(5), and (b)(6) of this section, must be
hours if the flight attendant is pro-
given a scheduled rest period of at least
vided a subsequent rest period of at
12 consecutive hours. This rest period
least 10 consecutive hours; this subse-
must occur between the completion of
quent rest period must be scheduled to
begin no later than 24 hours after the the scheduled duty period and the com-
beginning of the reduced rest period mencement of the subsequent duty pe-
and must occur between the comple- riod.
tion of the scheduled duty period and (8) The rest period required under
the commencement of the subsequent paragraph (b)(7) of this section may be
duty period. scheduled or reduced to 10 consecutive
(4) A certificate holder conducting hours if the flight attendant is pro-
domestic, flag, or supplemental oper- vided a subsequent rest period of at
ations may assign a flight attendant to least 14 consecutive hours; this subse-
a scheduled duty period of more than 14 quent rest period must be scheduled to
hours, but no more than 16 hours, if the begin no later than 24 hours after the
certificate holder has assigned to the beginning of the reduced rest period
flight or flights in that duty period at and must occur between the comple-
least one flight attendant in addition tion of the scheduled duty period and
to the minimum flight attendant com- the commencement of the subsequent
plement required for the flight or duty period.
flights in that duty period under the (9) Notwithstanding paragraphs
certificate holder’s operations speci- (b)(4), (b)(5), and (b)(6) of this section, if
fications. a certificate holder conducting domes-
(5) A certificate holder conducting tic, flag, or supplemental operations
domestic, flag, or supplemental oper- elects to reduce the rest period to 10
ations may assign a flight attendant to hours as authorized by paragraph (b)(8)
a scheduled duty period of more than 16 of this section, the certificate holder
spaschal on DSKJM0X7X2PROD with CFR

hours, but no more than 18 hours, if the may not schedule a flight attendant for
certificate holder has assigned to the a duty period of more than 14 hours
flight or flights in that duty period at during the 24-hour period commencing

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§ 121.467 14 CFR Ch. I (1–1–21 Edition)

after the beginning of the reduced rest (1) The certificate holder establishes
period. written procedures that—
(10) No certificate holder conducting (i) Apply to all flight attendants used
domestic, flag, or supplemental oper- in the certificate holder’s operation;
ations may assign a flight attendant (ii) Include the flightcrew member
any duty period with the certificate requirements contained in part 117, as
holder unless the flight attendant has appropriate to the operation being con-
had at least the minimum rest required ducted, except that rest facilities on
under this section. board the aircraft are not required;
(11) No certificate holder conducting (iii) Include provisions to add one
domestic, flag, or supplemental oper- flight attendant to the minimum flight
ations may assign a flight attendant to attendant complement for each
perform any duty with the certificate
flightcrew member who is in excess of
holder during any required rest period.
the minimum number required in the
(12) Time spent in transportation,
aircraft type certificate data sheet and
not local in character, that a certifi-
who is assigned to the aircraft under
cate holder conducting domestic, flag,
the provisions of part 117, as applica-
or supplemental operations requires of
a flight attendant and provides to ble, of this part;
transport the flight attendant to an (iv) Are approved by the Adminis-
airport at which that flight attendant trator and are described or referenced
is to serve on a flight as a crew- in the certificate holder’s operations
member, or from an airport at which specifications; and
the flight attendant was relieved from (2) Whenever the Administrator finds
duty to return to the flight attendant’s that revisions are necessary for the
home station, is not considered part of continued adequacy of the written pro-
a rest period. cedures that are required by paragraph
(13) Each certificate holder con- (c)(1) of this section and that had been
ducting domestic, flag, or supple- granted final approval, the certificate
mental operations must relieve each holder must, after notification by the
flight attendant engaged in air trans- Administrator, make any changes in
portation and each commercial oper- the procedures that are found nec-
ator must relieve each flight attendant essary by the Administrator. Within 30
engaged in air commerce from all fur- days after the certificate holder re-
ther duty for at least 24 consecutive ceives such notice, it may file a peti-
hours during any 7 consecutive cal- tion to reconsider the notice with the
endar days. responsible Flight Standards office.
(14) A flight attendant is not consid- The filing of a petition to reconsider
ered to be scheduled for duty in excess stays the notice, pending decision by
of duty period limitations if the flights the Administrator. However, if the Ad-
to which the flight attendant is as- ministrator finds that an emergency
signed are scheduled and normally ter- requires immediate action in the inter-
minate within the limitations but due est of safety, the Administrator may,
to circumstances beyond the control of upon a statement of the reasons, re-
the certificate holder conducting do- quire a change effective without stay.
mestic, flag, or supplemental oper-
ations (such as adverse weather condi- [Amdt. 121–241, 59 FR 42991, Aug. 19, 1994, as
tions) are not at the time of departure amended by Amdt. 121–253, 61 FR 2612, Jan.
26, 1996; Amdt. 121–357, 77 FR 402, Jan. 4, 2012;
expected to reach their destination Amdt. 121–357A, 77 FR 28764, May 16, 2012;
within the scheduled time. Docket FAA–2018–0119, Amdt. 121–380, 83 FR
(c) Notwithstanding paragraph (b) of 9172, Mar. 5, 2018]
this section, a certificate holder con-
ducting domestic, flag, or supple-
mental operations may apply the
Subpart Q—Flight Time Limitations
flightcrew member flight time and and Rest Requirements: Do-
duty limitations and rest requirements mestic Operations
spaschal on DSKJM0X7X2PROD with CFR

of part 117 of this chapter to flight at-


tendants for all operations conducted SOURCE: Docket No. 23634, 50 FR 29319, July
under this part provided that— 18, 1985, unless otherwise noted.

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Federal Aviation Administration, DOT § 121.471

§ 121.470 Applicability. (4) 8 hours between required rest peri-


ods.
This subpart prescribes flight time
limitations and rest requirements for (b) Except as provided in paragraph
domestic all-cargo operations, except (c) of this section, no certificate holder
that: conducting domestic operations may
(a) Certificate holders conducting op- schedule a flight crewmember and no
erations with airplanes having a pas- flight crewmember may accept an as-
senger seat configuration of 30 seats or signment for flight time during the 24
fewer, excluding each crewmember consecutive hours preceding the sched-
seat, and a payload capacity of 7,500 uled completion of any flight segment
pounds or less, may comply with the without a scheduled rest period during
applicable requirements of §§ 135.261 that 24 hours of at least the following:
through 135.273 of this chapter. (1) 9 consecutive hours of rest for less
(b) Certificate holders conducting than 8 hours of scheduled flight time.
scheduled operations entirely within (2) 10 consecutive hours of rest for 8
the States of Alaska or Hawaii with or more but less than 9 hours of sched-
airplanes having a passenger seat con- uled flight time.
figuration of more than 30 seats, ex- (3) 11 consecutive hours of rest for 9
cluding each crewmember seat, or a or more hours of scheduled flight time.
payload capacity of more than 7,500 (c) A certificate holder may schedule
pounds, may comply with the require- a flight crewmember for less than the
ments of this subpart or subpart R of rest required in paragraph (b) of this
this part for those operations. section or may reduce a scheduled rest
(c) A certificate holder may apply under the following conditions:
the flightcrew member flight time and (1) A rest required under paragraph
duty limitations and requirements of (b)(1) of this section may be scheduled
part 117 of this chapter. A certificate for or reduced to a minimum of 8 hours
holder may choose to apply part 117 to if the flight crewmember is given a rest
its— period of at least 10 hours that must
(1) Cargo operations conducted under begin no later than 24 hours after the
contract to a U.S. government agency. commencement of the reduced rest pe-
(2) All-cargo operations not con- riod.
ducted under contract to a U.S. Gov- (2) A rest required under paragraph
ernment agency, (b)(2) of this section may be scheduled
(3) A certificate holder may elect to for or reduced to a minimum of 8 hours
treat operations in paragraphs (c)(1) if the flight crewmember is given a rest
and (c)(2) of this section differently period of at least 11 hours that must
but, once having decided to conduct begin no later than 24 hours after the
those operations under part 117, may commencement of the reduced rest pe-
not segregate those operations between riod.
this subpart and part 117. (3) A rest required under paragraph
[Doc. No. FAA–2009–1093, 77 FR 402, Jan. 4, (b)(3) of this section may be scheduled
2012; Amdt. 121–357, 78 FR 69288, Nov. 19, 2013] for or reduced to a minimum of 9 hours
if the flight crewmember is given a rest
§ 121.471 Flight time limitations and period of at least 12 hours that must
rest requirements: All flight crew- begin no later than 24 hours after the
members. commencement of the reduced rest pe-
(a) No certificate holder conducting riod.
domestic operations may schedule any (4) No certificate holder may assign,
flight crewmember and no flight crew- nor may any flight crewmember per-
member may accept an assignment for form any flight time with the certifi-
flight time in scheduled air transpor- cate holder unless the flight crew-
tation or in other commercial flying if member has had at least the minimum
that crewmember’s total flight time in rest required under this paragraph.
all commercial flying will exceed— (d) Each certificate holder con-
spaschal on DSKJM0X7X2PROD with CFR

(1) 1,000 hours in any calendar year; ducting domestic operations shall re-
(2) 100 hours in any calendar month; lieve each flight crewmember engaged
(3) 30 hours in any 7 consecutive days; in scheduled air transportation from

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§ 121.473 14 CFR Ch. I (1–1–21 Edition)

all further duty for at least 24 consecu- Subpart R—Flight Time Limitations:
tive hours during any 7 consecutive Flag Operations
days.
(e) No certificate holder conducting SOURCE: Docket No. 6258, 29 FR 19217, Dec.
domestic operations may assign any 31, 1964; 30 FR 3639, Mar. 19, 1965, unless oth-
flight crewmember and no flight crew- erwise noted.
member may accept assignment to any
duty with the air carrier during any re- § 121.480 Applicability.
quired rest period. This subpart prescribes flight time
(f) Time spent in transportation, not limitations and rest requirements for
local in character, that a certificate flag all-cargo operations, except that:
holder requires of a flight crewmember (a) Certificate holders conducting op-
and provides to transport the crew- erations with airplanes having a pas-
member to an airport at which he is to senger seat configuration of 30 seats or
serve on a flight as a crewmember, or fewer, excluding each crewmember
from an airport at which he was re- seat, and a payload capacity of 7,500
lieved from duty to return to his home pounds or less, may comply with the
station, is not considered part of a rest applicable requirements of §§ 135.261
period. through 135.273 of this chapter.
(g) A flight crewmember is not con- (b) A certificate holder may apply
the flightcrew member flight time and
sidered to be scheduled for flight time
duty limitations and requirements of
in excess of flight time limitations if
part 117 of this chapter. A certificate
the flights to which he is assigned are holder may choose to apply part 117 to
scheduled and normally terminate its—
within the limitations, but due to cir- (1) All-cargo operations conducted
cumstances beyond the control of the under contract to a U.S. government
certificate holder (such as adverse agency.
weather conditions), are not at the (2) All-cargo operations not con-
time of departure expected to reach ducted under contract to a U.S. Gov-
their destination within the scheduled ernment agency,
time. (3) A certificate holder may elect to
[Doc. No. 23634, 50 FR 29319, July 18, 1985, as treat operations in paragraphs (b)(1)
amended by Amdt. 121–253, 61 FR 2612, Jan. and (b) (2) of this section differently
26, 1996] but, once having decided to conduct
those operations under part 117, may
§ 121.473 Fatigue risk management not segregate those operations between
system. this subpart and part 117.
(a) No certificate holder may exceed [Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4,
any provision of this subpart unless ap- 2012]
proved by the FAA under a Fatigue
§ 121.481 Flight time limitations: One
Risk Management System. or two pilot crews.
(b) The Fatigue Risk Management
System must include: (a) A certificate holder conducting
flag operations may schedule a pilot to
(1) A fatigue risk management pol-
fly in an airplane that has a crew of
icy.
one or two pilots for eight hours or less
(2) An education and awareness train- during any 24 consecutive hours with-
ing program. out a rest period during these eight
(3) A fatigue reporting system. hours.
(4) A system for monitoring (b) If a certificate holder conducting
flightcrew fatigue. flag operations schedules a pilot to fly
(5) An incident reporting process. more than eight hours during any 24
(6) A performance evaluation. consecutive hours, it shall give him an
intervening rest period, at or before
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4,


the end of eight scheduled hours of
2012]
flight duty. This rest period must be at
least twice the number of hours flown

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Federal Aviation Administration, DOT § 121.487

since the preceding rest period, but not § 121.485 Flight time limitations: Three
less than eight hours. The certificate or more pilots and an additional
holder shall relieve that pilot of all flight crewmember.
duty with it during that rest period. (a) Each certificate holder con-
(c) Each pilot who has flown more ducting flag operations shall schedule
than eight hours during 24 consecutive its flight hours to provide adequate
hours must be given at least 18 hours of rest periods on the ground for each
rest before being assigned to any duty pilot who is away from his base and
with the certificate holder. who is a pilot on an airplane that has
(d) No pilot may fly more than 32 a crew of three or more pilots and an
hours during any seven consecutive additional flight crewmember. It shall
also provide adequate sleeping quarters
days, and each pilot must be relieved
on the airplane whenever a pilot is
from all duty for at least 24 consecu- scheduled to fly more than 12 hours
tive hours at least once during any during any 24 consecutive hours.
seven consecutive days. (b) The certificate holder conducting
(e) No pilot may fly as a member of flag operations shall give each pilot,
a crew more than 100 hours during any upon return to his base from any flight
one calendar month. or series of flights, a rest period that is
(f) No pilot may fly as a member of a at least twice the total number of
crew more than 1,000 hours during any hours he flew since the last rest period
12-calendar-month period. at his base. During the rest period re-
quired by this paragraph, the air car-
[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30 rier may not require him to perform
FR 3639, Mar. 19, 1965, as amended by Amdt.
any duty for it. If the required rest pe-
121–253, 61 FR 2612, Jan. 26, 1996]
riod is more than seven days, that part
§ 121.483 Flight time limitations: Two of the rest period in excess of seven
pilots and one additional flight days may be given at any time before
crewmember. the pilot is again scheduled for flight
duty on any route.
(a) No certificate holder conducting (c) No pilot may fly as a flight crew-
flag operations may schedule a pilot to member more than—
fly, in an airplane that has a crew of (1) 350 hours during any 90 consecu-
two pilots and at least one additional tive days; or
flight crewmember, for a total of more (2) 1,000 hours during any 12-calendar-
than 12 hours during any 24 consecutive month period.
hours. [Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30
(b) If a pilot has flown 20 or more FR 3639, Mar. 19, 1965, as amended by Amdt.
hours during any 48 consecutive hours 121–253, 61 FR 2612, Jan. 26, 1996]
or 24 or more hours during any 72 con-
secutive hours, he must be given at § 121.487 Flight time limitations: Pilots
not regularly assigned.
least 18 hours of rest before being as-
signed to any duty with the air carrier. (a) Except as provided in paragraphs
In any case, he must be given at least (b) through (e) of this section, a pilot
24 consecutive hours of rest during any who is not regularly assigned as a
seven consecutive days. flight crewmember for an entire cal-
(c) No pilot may fly as a flight crew- endar month under § 121.483 or 121.485
may not fly more than 100 hours in any
member more than—
30 consecutive days.
(1) 120 hours during any 30 consecu- (b) The monthly flight time limita-
tive days; tions for a pilot who is scheduled for
(2) 300 hours during any 90 consecu- duty aloft for more than 20 hours in
tive days; or two-pilot crews in any calendar month,
(3) 1,000 hours during any 12-calendar- or whose assignment in such a crew is
month period. interrupted more than once in that cal-
endar month by assignment to a crew
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; 30


FR 3639, Mar. 19, 1965, as amended by Amdt. consisting of two or more pilots and an
121–253, 61 FR 2612, Jan. 26, 1996] additional flight crewmember, are
those set forth in § 121.481.

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§ 121.489 14 CFR Ch. I (1–1–21 Edition)

(c) Except for a pilot covered by para- required, the flight time limitations in
graph (b) of this section, the monthly § 121.483 apply to that flight engineer or
and quarterly flight time limitations flight navigator.
for a pilot who is scheduled for duty (b) In any operation in which more
aloft for more than 20 hours in two- than one flight engineer or flight navi-
pilot and additional flight crewmember gator is required, the flight time limi-
crews in any calendar month, or whose tations in § 121.485 apply to those flight
assignment in such a crew is inter- engineers or flight navigators.
rupted more than once in that calendar
month by assignment to a crew con- § 121.495 Fatigue risk management
sisting of three pilots and additional system.
flight crewmember, are those set forth (a) No certificate holder may exceed
in § 121.483. any provision of this subpart unless ap-
(d) The quarterly flight time limita- proved by the FAA under a Fatigue
tions for a pilot to whom paragraphs Risk Management System.
(b) and (c) of this section do not apply (b) The Fatigue Risk Management
and who is scheduled for duty aloft for System must include:
a total of not more than 20 hours with- (1) A fatigue risk management pol-
in any calendar month in two-pilot icy.
crews (with or without additional (2) An education and awareness train-
flight crewmembers) are those set forth ing program.
in § 121.485. (3) A fatigue reporting system.
(e) The monthly and quarterly flight (4) A system for monitoring
time limitations for a pilot assigned to flightcrew fatigue.
each of two-pilot, two-pilot and addi- (5) An incident reporting process.
tional flight crewmember, and three- (6) A performance evaluation.
pilot and additional flight crewmember
crews in a given calendar month, and [Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4,
who is not subject to paragraph (b), (c), 2012]
or (d) of this section, are those set
forth in § 121.483. Subpart S—Flight Time Limitations:
[Doc. No. 6258, 29 FR 19217, Dec. 31, 1964; Supplemental Operations
Amdt. 121–3, 30 FR 3639, Mar. 19, 1965, as
amended by Amdt. 121–137, 42 FR 43973, Sept. SOURCE: Docket No. 6258, 29 FR 19218, Dec.
1, 1977] 31, 1964; 30 FR 3639, Mar. 19, 1965, unless oth-
erwise noted.
§ 121.489 Flight time limitations: Other
commercial flying. § 121.500 Applicability.
No pilot that is employed as a pilot This subpart prescribes flight time
by a certificate holder conducting flag limitations and rest requirements for
operations may do any other commer- supplemental all-cargo operations, ex-
cial flying if that commercial flying cept that:
plus his flying in air transportation (a) Certificate holders conducting op-
will exceed any flight time limitation erations with airplanes having a pas-
in this part. senger seat configuration of 30 seats or
[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996] fewer, excluding each crewmember
seat, and a payload capacity of 7,500
§ 121.491 Flight time limitations: pound or less, may comply with the ap-
Deadhead transportation. plicable requirements of §§ 135.261
Time spent in deadhead transpor- through 135.273 of this chapter.
tation to or from duty assignment is (b) A certificate holder may apply
not considered to be a part of a rest pe- the flightcrew member flight time and
riod. duty limitations and requirements of
part 117 of this chapter. A certificate
§ 121.493 Flight time limitations: holder may choose to apply part 117 to
Flight engineers and flight naviga- its—
spaschal on DSKJM0X7X2PROD with CFR

tors. (1) All-cargo operations conducted


(a) In any operation in which one under contract to a U.S. Government
flight engineer or flight navigator is agency.

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Federal Aviation Administration, DOT § 121.509

(2) All-cargo operations not con- Administrator as adequate to serve the


ducted under contract to a U.S. Gov- terminal points concerned.
ernment agency, [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30
(3) A certificate holder may elect to FR 3639, Mar. 19, 1965, as amended by Amdt.
treat operations in paragraphs (b)(1) 121–253, 61 FR 2613, Jan. 26, 1996]
and (b)(2) of this section differently
but, once having decided to conduct § 121.505 Flight time limitations: Two
pilot crews: airplanes.
those operations under part 117, may
not segregate those operations between (a) If a certificate holder conducting
this subpart and part 117. supplemental operations schedules a
pilot to fly more than eight hours dur-
[Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4, ing any 24 consecutive hours, it shall
2012] give him an intervening rest period at
or before the end of eight scheduled
§ 121.503 Flight time limitations: Pi- hours of flight duty. This rest period
lots: airplanes. must be at least twice the number of
(a) A certificate holder conducting hours flown since the preceding rest pe-
supplemental operations may schedule riod, but not less than eight hours. The
a pilot to fly in an airplane for eight certificate holder conducting supple-
hours or less during any 24 consecutive mental operations shall relieve that
hours without a rest period during pilot of all duty with it during that
those eight hours. rest period.
(b) No pilot of an airplane that has a
(b) Each pilot who has flown more
crew of two pilots may be on duty for
than eight hours during any 24 con- more than 16 hours during any 24 con-
secutive hours must be given at least secutive hours.
16 hours of rest before being assigned
to any duty with the certificate holder. [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30
FR 3639, Mar. 19, 1965, as amended by Amdt.
(c) Each certificate holder con- 121–253, 61 FR 2613, Jan. 26, 1996]
ducting supplemental operations shall
relieve each pilot from all duty for at § 121.507 Flight time limitations: Three
least 24 consecutive hours at least once pilot crews: airplanes.
during any seven consecutive days. (a) No certificate holder conducting
(d) No pilot may fly as a crewmember supplemental operations may schedule
in air transportation more than 100 a pilot—
hours during any 30 consecutive days. (1) For flight deck duty in an air-
(e) No pilot may fly as a crewmember plane that has a crew of three pilots for
in air transportation more than 1,000 more than eight hours in any 24 con-
hours during any calendar year. secutive hours; or
(f) Notwithstanding paragraph (a) of (2) To be aloft in an airplane that has
this section, the certificate holder a crew of three pilot for more than 12
may, in conducting a transcontinental hours in any 24 consecutive hours.
(b) No pilot of an airplane that has a
nonstop flight, schedule a flight crew-
crew of three pilots may be on duty for
member for more than eight but not
more than 18 hours in any 24 consecu-
more than 10 hours of continuous duty
tive hours.
aloft without an intervening rest pe-
riod, if— [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30
(1) The flight is in an airplane with a FR 3639, Mar. 19, 1965, as amended by Amdt.
121–253, 61 FR 2613, Jan. 26, 1996]
pressurization system that is operative
at the beginning of the flight; § 121.509 Flight time limitations: Four
(2) The flight crew consists of at least pilot crews: airplanes.
two pilots and a flight engineer; and (a) No certificate holder conducting
(3) The certificate holder uses, in supplemental operations may schedule
conducting the operation, an air/ a pilot—
ground communication service that is (1) For flight deck duty in an air-
spaschal on DSKJM0X7X2PROD with CFR

independent of systems operated by the plane that has a crew of four pilots for
United States, and a dispatch organiza- more than eight hours in any 24 con-
tion, both of which are approved by the secutive hours; or

195

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§ 121.511 14 CFR Ch. I (1–1–21 Edition)

(2) To be aloft in an airplane that has flying plus his flying in operations
a crew of four pilots for more than 16 under this part will exceed any flight
hours in any 24 consecutive hours. time limitation in this part.
(b) No pilot of an airplane that has a
[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]
crew of four pilots may be on duty for
more than 20 hours in any 24 consecu- § 121.519 Flight time limitations:
tive hours. Deadhead transportation: airplanes.
[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 Time spent by an airman in deadhead
FR 3639, Mar. 19, 1965, as amended by Amdt. transportation to or from a duty as-
121–253, 61 FR 2613, Jan. 26, 1996]
signment is not considered to be part
§ 121.511 Flight time limitations: of any rest period.
Flight engineers: airplanes.
§ 121.521 Flight time limitations: Crew
(a) In any operation in which one of two pilots and one additional air-
flight engineer is serving the flight man as required.
time limitations in §§ 121.503 and 121.505 (a) No certificate holder conducting
apply to that flight engineer. supplemental operations may schedule
(b) In any operation in which more an airman to be aloft as a member of
than one flight engineer is serving and the flight crew in an airplane that has
the flight crew contains more than two a crew of two pilots and at least one
pilots the flight time limitations in additional flight crewmember for more
§ 121.509 apply in place of those in than 12 hours during any 24 consecutive
§ 121.505. hours.
§ 121.513 Flight time limitations: Over- (b) If an airman has been aloft as a
seas and international operations: member of a flight crew for 20 or more
airplanes. hours during any 48 consecutive hours
In place of the flight time limita- or 24 or more hours during any 72 con-
tions in §§ 121.503 through 121.511, a cer- secutive hours, he must be given at
tificate holder conducting supple- least 18 hours of rest before being as-
mental operations may elect to comply signed to any duty with the certificate
with the flight time limitations of holder. In any case, he must be relieved
§§ 121.515 and 121.521 through 121.525 for of all duty for at least 24 consecutive
operations conducted— hours during any seven consecutive
(a) Between a place in the 48 contig- days.
uous States and the District of Colum- (c) No airman may be aloft as a flight
bia, or Alaska, and any place outside crewmember more than—
thereof; (1) 120 hours during any 30 consecu-
(b) Between any two places outside tive days; or
the 48 contiguous States, the District (2) 300 hours during any 90 consecu-
of Columbia, and Alaska; or tive days.
(c) Between two places within the [Doc. No. 6258, 29 FR 19218, Dec. 31, 1964, as
State of Alaska or the State of Hawaii. amended by Amdt. 121–17, 31 FR 1147, Jan. 28,
[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 1966; Amdt. 121–253, 61 FR 2613, Jan. 26, 1996]
FR 3639, Mar. 19, 1965, as amended by Amdt.
121–253, 61 FR 2613, Jan. 26, 1996] § 121.523 Flight time limitations: Crew
of three or more pilots and addi-
§ 121.515 Flight time limitations: All tional airmen as required.
airmen: airplanes. (a) No certificate holder conducting
No airman may be aloft as a flight supplemental operations may schedule
crewmember more than 1,000 hours in an airman for flight deck duty as a
any 12-calendar-month period. flight engineer, or navigator in a crew
of three or more pilots and additional
§ 121.517 Flight time limitations: Other airmen for a total of more than 12
commercial flying: airplanes. hours during any 24 consecutive hours.
No airman who is employed by a cer- (b) Each certificate holder con-
spaschal on DSKJM0X7X2PROD with CFR

tificate holder conducting supple- ducting supplemental operations shall


mental operations may do any other schedule its flight hours to provide
commercial flying, if that commercial adequate rest periods on the ground for

196

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Federal Aviation Administration, DOT § 121.527

each airman who is away from his prin- § 121.525 Flight time limitations: Pilots
cipal operations base. It shall also pro- serving in more than one kind of
vide adequate sleeping quarters on the flight crew.
airplane whenever an airman is sched- (a) This section applies to each pilot
uled to be aloft as a flight crewmember assigned during any 30 consecutive
for more than 12 hours during any 24 days to more than one type of flight
consecutive hours. crew.
(c) No certificate holder conducting (b) The flight time limitations for a
supplemental operations may schedule pilot who is scheduled for duty aloft for
any flight crewmember to be on contin- more than 20 hours in two-pilot crews
uous duty for more than 30 hours. Such in 30 consecutive days, or whose assign-
a crewmember is considered to be on ment in such a crew is interrupted
continuous duty from the time he re- more than once in any 30 consecutive
ports for duty until the time he is re- days by assignment to a crew of two or
leased from duty for a rest period of at more pilots and an additional flight
least 10 hours on the ground. If a flight crewmember, are those listed in
crewmember is on continuous duty for §§ 121.503 through 121.509, as appro-
more than 24 hours (whether scheduled priate.
or not) duty any scheduled duty period, (c) Except for a pilot covered by para-
he must be given at least 16 hours for graph (b) of this section, the flight
time limitations for a pilot scheduled
rest on the ground after completing the
for duty aloft for more than 20 hours in
last flight scheduled for that scheduled
two-pilot and additional flight crew-
duty period before being assigned any
member crews in 30 consecutive days or
further flight duty. whose assignment in such a crew is in-
(d) If a flight crewmember is required terrupted more than once in any 30
to engage in deadhead transportation consecutive days by assignment to a
for more than four hours before begin- crew consisting of three pilots and an
ning flight duty, one half of the time additional flight crewmember, are
spent in deadhead transportation must those set forth in § 121.521.
be treated as duty time for the purpose (d) The flight time limitations for a
of complying with duty time limita- pilot to whom paragraphs (b) and (c) of
tions, unless he is given at least 10 this section do not apply, and who is
hours of rest on the ground before scheduled for duty aloft for a total of
being assigned to flight duty. not more than 20 hours within 30 con-
(e) Each certificate holder con- secutive days in two-pilot crews (with
ducting supplemental operations shall or without additional flight crew-
give each airman, upon return to his members) are those set forth in
operations base from any flight or se- § 121.523.
ries of flights, a rest period that is at (e) The flight time limitations for a
least twice the total number of hours pilot assigned to each of two-pilot,
he was aloft as a flight crewmember two-pilot and additional flight crew-
since the last rest period at his base, member, and three-pilot and additional
before assigning him to any further flight crewmember crews in 30 consecu-
duty. If the required rest period is tive days, and who is not subject to
more than seven days, that part of the paragraph (b), (c), or (d) of this section,
are those listed in § 121.523.
rest period that is more than seven
days may be given at any time before § 121.527 Fatigue risk management
the pilot is again scheduled for flight system.
duty.
(a) No certificate holder may exceed
(f) No airman may be aloft as a flight
any provision of this subpart unless ap-
crewmember for more than 350 hours in
proved by the FAA under a Fatigue
any 90 consecutive days. Risk Management System.
[Doc. No. 6258, 29 FR 19218, Dec. 31, 1964; 30 (b) The Fatigue Risk Management
spaschal on DSKJM0X7X2PROD with CFR

FR 3639, Mar. 19, 1965, as amended by Amdt. System must include:


121–253, 61 FR 2613, Jan. 26, 1996] (1) A fatigue risk management pol-
icy.

197

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§ 121.531 14 CFR Ch. I (1–1–21 Edition)

(2) An education and awareness train- him to perform the duties of those
ing program. crewmembers.
(3) A fatigue reporting system. [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
(4) A system for monitoring amended by Amdt. 121–253, 61 FR 2613, Jan.
flightcrew fatigue. 26, 1996]
(5) An incident reporting process.
(6) A performance evaluation. § 121.535 Responsibility for oper-
ational control: Flag operations.
[Doc. No. FAA–2009–1093, 77 FR 403, Jan. 4,
2012] (a) Each certificate holder con-
ducting flag operations is responsible
for operational control.
Subpart T—Flight Operations (b) The pilot in command and the air-
craft dispatcher are jointly responsible
SOURCE: Docket No. 6258, 29 FR 19219, Dec. for the preflight planning, delay, and
31, 1964, unless otherwise noted. dispatch release of a flight in compli-
ance with this chapter and operations
§ 121.531 Applicability.
specifications.
This subpart prescribes requirements (c) The aircraft dispatcher is respon-
for flight operations applicable to all sible for—
certificate holders, except where other- (1) Monitoring the progress of each
wise specified. flight;
(2) Issuing necessary instructions and
§ 121.533 Responsibility for oper- information for the safety of the flight;
ational control: Domestic oper-
ations. and
(3) Cancelling or redispatching a
(a) Each certificate holder con- flight if, in his opinion or the opinion
ducting domestic operations is respon- of the pilot in command, the flight can-
sible for operational control. not operate or continue to operate
(b) The pilot in command and the air- safely as planned or released.
craft dispatcher are jointly responsible (d) Each pilot in command of an air-
for the preflight planning, delay, and craft is, during flight time, in com-
dispatch release of a flight in compli- mand of the aircraft and crew and is re-
ance with this chapter and operations sponsible for the safety of the pas-
specifications. sengers, crewmembers, cargo, and air-
(c) The aircraft dispatcher is respon- plane.
sible for— (e) Each pilot in command has full
(1) Monitoring the progress of each control and authority in the operation
flight; of the aircraft, without limitation,
(2) Issuing necessary information for over other crewmembers and their du-
the safety of the flight; and ties during flight time, whether or not
(3) Cancelling or redispatching a he holds valid certificates authorizing
flight if, in his opinion or the opinion him to perform the duties of those
of the pilot in command, the flight can- crewmembers.
not operate or continue to operate (f) No pilot may operate an aircraft
safely as planned or released. in a careless or reckless manner so as
(d) Each pilot in command of an air- to endanger life or property.
craft is, during flight time, in com- [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
mand of the aircraft and crew and is re- amended by Amdt. 121–253, 61 FR 2613, Jan.
sponsible for the safety of the pas- 26, 1996]
sengers, crewmembers, cargo, and air-
plane. § 121.537 Responsibility for oper-
(e) Each pilot in command has full ational control: Supplemental oper-
control and authority in the operation ations.
of the aircraft, without limitation, (a) Each certificate holder con-
spaschal on DSKJM0X7X2PROD with CFR

over other crewmembers and their du- ducting supplemental operations—


ties during flight time, whether or not (1) Is responsible for operational con-
he holds valid certificates authorizing trol; and

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Federal Aviation Administration, DOT § 121.542

(2) Shall list each person authorized § 121.538 Aircraft security.


by it to exercise operational control in Certificate holders conducting oper-
its operator’s manual. ations under this part must comply
(b) The pilot in command and the di- with the applicable security require-
rector of operations are jointly respon- ments in 49 CFR chapter XII.
sible for the initiation, continuation,
diversion, and termination of a flight [67 FR 8350, Feb. 22, 2002]
in compliance with this chapter and
§ 121.539 Operations notices.
the operations specifications. The di-
rector of operations may delegate the Each certificate holder shall notify
functions for the initiation, continu- its appropriate operations personnel of
ation, diversion, and termination of a each change in equipment and oper-
flight but he may not delegate the re- ating procedures, including each
sponsibility for those functions. known change in the use of navigation
(c) The director of operations is re- aids, airports, air traffic control proce-
sponsible for cancelling, diverting, or dures and regulations, local airport
delaying a flight if in his opinion or the traffic control rules, and known haz-
opinion of the pilot in command the ards to flight, including icing and other
flight cannot operate or continue to potentially hazardous meteorological
operate safely as planned or released. conditions and irregularities in ground
The director of operations is respon- and navigation facilities.
sible for assuring that each flight is § 121.541 Operations schedules: Do-
monitored with respect to at least the mestic and flag operations.
following:
In establishing flight operations
(1) Departure of the flight from the schedules, each certificate holder con-
place of origin and arrival at the place ducting domestic or flag operations
of destination, including intermediate shall allow enough time for the proper
stops and any diversions therefrom. servicing of aircraft at intermediate
(2) Maintenance and mechanical stops, and shall consider the prevailing
delays encountered at places of origin winds en route and the cruising speed
and destination and intermediate of the type of aircraft used. This cruis-
stops. ing speed may not be more than that
(3) Any known conditions that may resulting from the specified cruising
adversely affect the safety of flight. output of the engines.
(d) Each pilot in command of an air-
[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]
craft is, during flight time, in com-
mand of the aircraft and crew and is re- § 121.542 Flight crewmember duties.
sponsible for the safety of the pas-
(a) No certificate holder shall re-
sengers, crewmembers, cargo, and air-
quire, nor may any flight crewmember
craft. The pilot in command has full
perform, any duties during a critical
control and authority in the operation
phase of flight except those duties re-
of the aircraft, without limitation,
quired for the safe operation of the air-
over other crewmembers and their du-
craft. Duties such as company required
ties during flight time, whether or not
calls made for such nonsafety related
he holds valid certificates authorizing
purposes as ordering galley supplies
him to perform the duties of those
and confirming passenger connections,
crewmembers.
announcements made to passengers
(e) Each pilot in command of an air- promoting the air carrier or pointing
craft is responsible for the preflight out sights of interest, and filling out
planning and the operation of the company payroll and related records
flight in compliance with this chapter are not required for the safe operation
and the operations specifications. of the aircraft.
(f) No pilot may operate an aircraft, (b) No flight crewmember may en-
in a careless or reckless manner, so as gage in, nor may any pilot in command
to endanger life or property. permit, any activity during a critical
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as phase of flight which could distract
amended by Amdt. 121–253, 61 FR 2613, Jan. any flight crewmember from the per-
26, 1996] formance of his or her duties or which

199

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§ 121.543 14 CFR Ch. I (1–1–21 Edition)

could interfere in any way with the holds an airline transport pilot certifi-
proper conduct of those duties. Activi- cate not subject to the limitations in
ties such as eating meals, engaging in § 61.167 of this chapter and an appro-
nonessential conversations within the priate type rating, is currently quali-
cockpit and nonessential communica- fied as pilot in command or second in
tions between the cabin and cockpit command, and is qualified as pilot in
crews, and reading publications not re- command of that aircraft during the en
lated to the proper conduct of the route cruise portion of the flight. A
flight are not required for the safe op- second in command qualified to act as
eration of the aircraft. a pilot in command en route need not
(c) For the purposes of this section, have completed the following pilot in
critical phases of flight includes all command requirements: The 6-month
ground operations involving taxi, take- recurrent flight training required by
off and landing, and all other flight op- § 121.433(c)(1)(iii); the operating experi-
erations conducted below 10,000 feet, ence required by § 121.434; the takeoffs
except cruise flight. and landings required by § 121.439; the
NOTE: Taxi is defined as ‘‘movement of an line check required by § 121.440; and the
airplane under its own power on the surface 6-month proficiency check or simu-
of an airport.’’ lator training required by § 121.441(a)(1);
(d) During all flight time as defined and
in 14 CFR 1.1, no flight crewmember (ii) In the case of the assigned second
may use, nor may any pilot in com- in command, by a pilot qualified to act
mand permit the use of, a personal as second in command of that aircraft
wireless communications device (as de- during en route operations. However,
fined in 49 U.S.C. 44732(d)) or laptop the relief pilot need not meet the re-
computer while at a flight crewmember cent experience requirements of
duty station unless the purpose is di- § 121.439(b).
rectly related to operation of the air-
craft, or for emergency, safety-related, [Doc. No. 16383, 43 FR 22648, May 25, 1978, as
or employment-related communica- amended by Amdt. 121–179, 47 FR 33390, Aug.
2, 1982; Amdt. 121–365, 78 FR 42378, July 15,
tions, in accordance with air carrier 2013]
procedures approved by the Adminis-
trator. § 121.544 Pilot monitoring.
[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981, as Each pilot who is seated at the pilot
amended by Amdt. 121–369, 79 FR 8263, Feb. controls of the aircraft, while not fly-
12, 2014] ing the aircraft, must accomplish pilot
§ 121.543 Flight crewmembers at con- monitoring duties as appropriate in ac-
trols. cordance with the certificate holder’s
procedures contained in the manual re-
(a) Except as provided in paragraph quired by § 121.133 of this part. Compli-
(b) of this section, each required flight ance with this section is required no
crewmember on flight deck duty must later than March 12, 2019.
remain at the assigned duty station
with seat belt fastened while the air- [Doc. No. FAA–2008–0677, 78 FR 67841, Nov. 12,
craft is taking off or landing, and while 2013]
it is en route.
(b) A required flight crewmember § 121.545 Manipulation of controls.
may leave the assigned duty station— No pilot in command may allow any
(1) If the crewmember’s absence is person to manipulate the controls of an
necessary for the performance of duties aircraft during flight nor may any per-
in connection with the operation of the son manipulate the controls during
aircraft; flight unless that person is—
(2) If the crewmember’s absence is in (a) A qualified pilot of the certificate
connection with physiological needs; or holder operating that aircraft.
(3) If the crewmember is taking a rest (b) An authorized pilot safety rep-
period, and relief is provided— resentative of the Administrator or of
spaschal on DSKJM0X7X2PROD with CFR

(i) In the case of the assigned pilot in the National Transportation Safety
command during the en route cruise Board who has the permission of the
portion of the flight, by a pilot who pilot in command, is qualified in the

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Federal Aviation Administration, DOT § 121.547

aircraft, and is checking flight oper- less they are eligible under paragraph
ations; or (a)(4) of this section.
(c) A pilot of another certificate (c) No person may admit any person
holder who has the permission of the to the flight deck unless there is a seat
pilot in command, is qualified in the available for his use in the passenger
aircraft, and is authorized by the cer- compartment, except—
tificate holder operating the aircraft. (1) An FAA air carrier inspector, a
[Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as DOD commercial air carrier evaluator,
amended by Doc. No. 8084, 32 FR 5769, Apr. 11, or authorized representative of the Ad-
1967; Amdt. 121–144, 43 FR 22648, May 25, 1978] ministrator or National Transpor-
tation Safety Board who is checking or
§ 121.547 Admission to flight deck. observing flight operations;
(a) No person may admit any person (2) An air traffic controller who is au-
to the flight deck of an aircraft unless thorized by the Administrator to ob-
the person being admitted is— serve ATC procedures;
(1) A crewmember; (3) A certificated airman employed
(2) An FAA air carrier inspector, a by the certificate holder whose duties
DOD commercial air carrier evaluator, require an airman certificate;
or an authorized representative of the (4) A certificated airman employed
National Transportation Safety Board, by another part 119 certificate holder
who is performing official duties;
whose duties with that part 119 certifi-
(3) Any person who—
cate holder require an airman certifi-
(i) Has permission of the pilot in
cate and who is authorized by the part
command, an appropriate management
119 certificate holder operating the air-
official of the part 119 certificate hold-
craft to make specific trips over a
er, and the Administrator; and
route;
(ii) Is an employee of—
(A) The United States, or (5) An employee of the part 119 cer-
(B) A part 119 certificate holder and tificate holder operating the aircraft
whose duties are such that admission whose duty is directly related to the
to the flightdeck is necessary or advan- conduct or planning of flight oper-
tageous for safe operation; or ations or the in-flight monitoring of
(C) An aeronautical enterprise cer- aircraft equipment or operating proce-
tificated by the Administrator and dures, if his presence on the flightdeck
whose duties are such that admission is necessary to perform his duties and
to the flightdeck is necessary or advan- he has been authorized in writing by a
tageous for safe operation. responsible supervisor, listed in the Op-
(4) Any person who has the permis- erations Manual as having that author-
sion of the pilot in command, an appro- ity; and
priate management official of the part (6) A technical representative of the
119 certificate holder and the Adminis- manufacturer of the aircraft or its
trator. Paragraph (a)(2) of this section components whose duties are directly
does not limit the emergency authority related to the in-flight monitoring of
of the pilot in command to exclude any aircraft equipment or operating proce-
person from the flightdeck in the inter- dures, if his presence on the flightdeck
ests of safety. is necessary to perform his duties and
(b) For the purposes of paragraph he has been authorized in writing by
(a)(3) of this section, employees of the the Administrator and by a responsible
United States who deal responsibly supervisor of the operations depart-
with matters relating to safety and ment of the part 119 certificate holder,
employees of the certificate holder
listed in the Operations Manual as hav-
whose efficiency would be increased by
ing that authority.
familiarity with flight conditions, may
be admitted by the certificate holder. [Doc. No. 6258, 29 FR 19220, Dec. 31, 1964, as
However, the certificate holder may amended by Doc. No. 8084, 32 FR 5769, Apr. 11,
spaschal on DSKJM0X7X2PROD with CFR

not admit employees of traffic, sales, 1967; Amdt. 121–253, 61 FR 2613, Jan. 26, 1996;
or other departments that are not di- Amdt. 121–288, 67 FR 2127, Jan. 15, 2002; Amdt.
rectly related to flight operations, un- 121–298, 68 FR 41217, July 10, 2003]

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§ 121.548 14 CFR Ch. I (1–1–21 Edition)

§ 121.548 Aviation safety inspector’s and permitted to occupy an observer


credentials: Admission to pilot’s seat thereon.
compartment.
[Doc. No. 9031, 35 FR 12061, July 28, 1970, as
Whenever, in performing the duties amended by Amdt. 121–253, 61 FR 2613, Jan.
of conducting an inspection, an inspec- 26, 1996]
tor of the Federal Aviation Adminis-
tration presents form FAA 110A, § 121.551 Restriction or suspension of
operation: Domestic and flag oper-
‘‘Aviation Safety Inspector’s Creden- ations.
tial,’’ to the pilot in command of an
aircraft operated by a certificate hold- When a certificate holder conducting
er, the inspector must be given free and domestic or flag operations knows of
uninterrupted access to the pilot’s conditions, including airport and run-
way conditions, that are a hazard to
compartment of that aircraft.
safe operations, it shall restrict or sus-
[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996] pend operations until those conditions
are corrected.
§ 121.548a DOD Commercial Air Car-
rier Evaluator’s Credential. [Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]

Whenever, in performing the duties § 121.553 Restriction or suspension of


of conducting an evaluation, a DOD operation: Supplemental oper-
commercial air carrier evaluator pre- ations.
sents S&A Form 110B, ‘‘DOD Commer- When a certificate holder conducting
cial Air Carrier Evaluator’s Creden- supplemental operations or pilot in
tial,’’ to the pilot in command of an command knows of conditions, includ-
airplane operated by the certificate ing airport and runway conditions,
holder, the evaluator must be given that are a hazard to safe operations,
free and uninterrupted access to the pi- the certificate holder or pilot in com-
lot’s compartment of that airplane. mand, as the case may be, shall re-
strict or suspend operations until those
[Doc. No. FAA–2003–15571, 68 FR 41217, July
conditions are corrected.
10, 2003]
[Doc. No. 28154, 61 FR 2613, Jan. 26, 1996]
§ 121.549 Flying equipment.
§ 121.555 Compliance with approved
(a) The pilot in command shall en- routes and limitations: Domestic
sure that appropriate aeronautical and flag operations.
charts containing adequate informa-
tion concerning navigation aids and in- No pilot may operate an airplane in
scheduled air transportation—
strument approach procedures are
aboard the aircraft for each flight. (a) Over any route or route segment
unless it is specified in the certificate
(b) Each crewmember shall, on each
holder’s operations specifications; or
flight, have readily available for his
(b) Other than in accordance with the
use a flashlight that is in good working
limitations in the operations specifica-
order. tions.
§ 121.550 Secret Service Agents: Admis- [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
sion to flight deck. amended by Amdt. 121–253, 61 FR 2614, Jan.
26, 1996]
Whenever an Agent of the Secret
Service who is assigned the duty of § 121.557 Emergencies: Domestic and
protecting a person aboard an aircraft flag operations.
operated by a certificate holder con-
(a) In an emergency situation that
siders it necessary in the performance requires immediate decision and action
of his duty to ride on the flight deck of the pilot in command may take any ac-
the aircraft, he must, upon request and tion that he considers necessary under
presentation of his Secret Service cre- the circumstances. In such a case he
spaschal on DSKJM0X7X2PROD with CFR

dentials to the pilot in command of the may deviate from prescribed oper-
aircraft, be admitted to the flight deck ations procedures and methods, weath-
er minimums, and this chapter, to the

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Federal Aviation Administration, DOT § 121.563

extent required in the interests of safe- tion that they consider necessary
ty. under the circumstances.
(b) In an emergency situation arising (c) Whenever emergency authority is
during flight that requires immediate exercised, the pilot in command or the
decision and action by an aircraft dis- appropriate management personnel
patcher, and that is known to him, the shall keep the appropriate communica-
aircraft dispatcher shall advise the tion facility fully informed of the
pilot in command of the emergency, progress of the flight. The person de-
shall ascertain the decision of the pilot claring the emergency shall send a
in command, and shall have the deci- written report of any deviation,
sion recorded. If the aircraft dispatcher through the certificate holder’s direc-
cannot communicate with the pilot, he tor of operations, to the Administrator
shall declare an emergency and take within 10 days after the flight is com-
any action that he considers necessary pleted or, in the case of operations out-
under the circumstances. side the United States, upon return to
(c) Whenever a pilot in command or the home base.
dispatcher exercises emergency author-
ity, he shall keep the appropriate ATC [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
facility and dispatch centers fully in- amended by Amdt. 121–253, 61 FR 2614, Jan.
formed of the progress of the flight. 26, 1996; Amdt. 121–333, 72 FR 31682, June 7,
The person declaring the emergency 2007]
shall send a written report of any devi-
§ 121.561 Reporting potentially haz-
ation through the certificate holder’s
ardous meteorological conditions
operations manager, to the Adminis- and irregularities of ground facili-
trator. A dispatcher shall send his re- ties or navigation aids.
port within 10 days after the date of
the emergency, and a pilot in command (a) Whenever he encounters a mete-
shall send his report within 10 days orological condition or an irregularity
after returning to his home base. in aground facility or navigation aid,
in flight, the knowledge of which he
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as considers essential to the safety of
amended by Amdt. 121–253, 61 FR 2614, Jan.
26, 1996] other flights, the pilot in command
shall notify an appropriate ground sta-
§ 121.559 Emergencies: Supplemental tion as soon as practicable.
operations. (b) The ground radio station that is
(a) In an emergency situation that notified under paragraph (a) of this sec-
requires immediate decision and ac- tion shall report the information to the
tion, the pilot in command may take agency directly responsible for oper-
any action that he considers necessary ating the facility.
under the circumstances. In such a [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
case, he may deviate from prescribed amended by Amdt. 121–333, 72 FR 31682, June
operations, procedures and methods, 7, 2007]
weather minimums, and this chapter,
to the extent required in the interests § 121.563 Reporting mechanical irreg-
of safety. ularities.
(b) In an emergency situation arising The pilot in command shall ensure
during flight that requires immediate that all mechanical irregularities oc-
decision and action by appropriate curring during flight time are entered
management personnel in the case of
in the maintenance log of the airplane
operations conducted with a flight fol-
at the end of that flight time. Before
lowing service and which is known to
each flight the pilot in command shall
them, those personnel shall advise the
ascertain the status of each irregu-
pilot in command of the emergency,
shall ascertain the decision of the pilot larity entered in the log at the end of
in command, and shall have the deci- the preceding flight.
spaschal on DSKJM0X7X2PROD with CFR

sion recorded. If they cannot commu- [Doc. No. 17897, 45 FR 41594, June 19, 1980, as
nicate with the pilot, they shall de- amended by Amdt. 121–179, 47 FR 33390, Aug.
clare an emergency and take any ac- 2, 1982]

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§ 121.565 14 CFR Ch. I (1–1–21 Edition)

§ 121.565 Engine inoperative: Landing; operation’s comments to the respon-


reporting. sible Flight Standards office.
(a) Except as provided in paragraph [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
(b) of this section, whenever an air- amended by Amdt. 121–207, 54 FR 39293, Sept.
plane engine fails or whenever an en- 25, 1989; Amdt. 121–253, 61 FR 2614, Jan. 26,
gine is shutdown to prevent possible 1996; Amdt. 121–329, 72 FR 1881, Jan. 16, 2007;
Amdt. 121–333, 72 FR 31682, June 7, 2007;
damage, the pilot in command must Docket FAA–2018–0119, Amdt. 121–380, 83 FR
land the airplane at the nearest suit- 9172, Mar. 5, 2018]
able airport, in point of time, at which
a safe landing can be made. § 121.567 Instrument approach proce-
(b) If not more than one engine of an dures and IFR landing minimums.
airplane that has three or more engines No person may make an instrument
fails or is shut down to prevent pos- approach at an airport except in ac-
sible damage, the pilot-in-command cordance with IFR weather minimums
may proceed to an airport that the and instrument approach procedures
pilot selects if, after considering the set forth in the certificate holder’s op-
following, the pilot makes a reasonable erations specifications.
decision that proceeding to that air-
port is as safe as landing at the nearest § 121.569 Equipment interchange: Do-
suitable airport: mestic and flag operations.
(1) The nature of the malfunction and (a) Before operating under an inter-
the possible mechanical difficulties change agreement, each certificate
that may occur if flight is continued. holder conducting domestic or flag op-
(2) The altitude, weight, and useable erations shall show that—
fuel at the time that the engine is (1) The procedures for the inter-
shutdown. change operation conform with this
(3) The weather conditions en route chapter and with safe operating prac-
and at possible landing points. tices;
(4) The air traffic congestion. (2) Required crewmembers and dis-
(5) The kind of terrain. patchers meet approved training re-
(6) His familiarity with the airport to quirements for the airplanes and equip-
be used. ment to be used and are familiar with
the communications and dispatch pro-
(c) The pilot-in-command must re-
cedures to be used;
port each engine shutdown in flight to
(3) Maintenance personnel meet
the appropriate communication facil-
training requirements for the airplanes
ity as soon as practicable and must and equipment, and are familiar with
keep that facility fully informed of the the maintenance procedures to be used;
progress of the flight. (4) Flight crewmembers and dis-
(d) If the pilot in command lands at patchers meet appropriate route and
an airport other than the nearest suit- airport qualifications; and
able airport, in point of time, he or she (5) The airplanes to be operated are
shall (upon completing the trip) send a essentially similar to the airplanes of
written report, in duplicate, to his or the certificate holder with whom the
her director of operations stating the interchange is effected with respect to
reasons for determining that the selec- the arrangement of flight instruments
tion of an airport, other than the near- and the arrangement and motion of
est airport, was as safe a course of ac- controls that are critical to safety un-
tion as landing at the nearest suitable less the Administrator determines that
airport. The director of operations the certificate holder has adequate
shall, within 10 days after the pilot re- training programs to insure that any
turns to his or her home base, send a potentially hazardous dissimilarities
copy of this report with the director of are safely overcome by flight crew fa-
miliarization.
spaschal on DSKJM0X7X2PROD with CFR

(b) Each certificate holder con-


ducting domestic or flag operations
shall include the pertinent provisions

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Federal Aviation Administration, DOT § 121.571

and procedures involved in the equip- under what conditions the safety belt
ment interchange agreement in its must be fastened about that passenger.
manuals. This briefing shall include a statement
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as that the Federal Aviation Regulations
amended by Amdt. 121–253, 61 FR 2614, Jan. require passenger compliance with
26, 1996] lighted passenger information signs
and crewmember instructions con-
§ 121.570 Airplane evacuation capa- cerning the use of safety belts.
bility.
(iv) The location and use of any re-
(a) No person may cause an airplane quired emergency flotation means.
carrying passengers to be moved on the (v) On operations that do not use a
surface, take off, or land unless each flight attendant, the following addi-
automatically deployable emergency tional information:
evacuation assisting means, installed
(A) The placement of seat backs in an
pursuant to § 121.310(a), is ready for
upright position before takeoff and
evacuation.
landing.
(b) Each certificate holder shall en-
sure that, at all times passengers are (B) Location of survival equipment.
on board prior to airplane movement (C) If the flight involves operations
on the surface, at least one floor-level above 12,000 MSL, the normal and
exit provides for the egress of pas- emergency use of oxygen.
sengers through normal or emergency (D) Location and operation of fire ex-
means. tinguisher.
[Doc. No. 26142, 57 FR 42674, Sept. 15, 1992] (2) After each takeoff, immediately
before or immediately after turning
§ 121.571 Briefing passengers before the seat belt sign off, an announcement
takeoff. shall be made that passengers should
(a) Each certificate holder operating keep their seat belts fastened, while
a passenger-carrying airplane shall in- seated, even when the seat belt sign is
sure that all passengers are orally off.
briefed by the appropriate crewmember (3) Except as provided in paragraph
as follows: (a)(4) of this section, before each take-
(1) Before each takeoff, on each of the off a required crewmember assigned to
following: the flight shall conduct an individual
(i) Smoking. Each passenger shall be briefing of each person who may need
briefed on when, where, and under what the assistance of another person to
conditions smoking is prohibited in- move expeditiously to an exit in the
cluding, but not limited to, any appli- event of an emergency. In the briefing
cable requirements of part 252 of this the required crewmember shall—
title). This briefing shall include a (i) Brief the person and his attend-
statement that the Federal Aviation ant, if any, on the routes to each ap-
Regulations require passenger compli- propriate exit and on the most appro-
ance with the lighted passenger infor- priate time to begin moving to an exit
mation signs, posted placards, areas
in the event of an emergency; and
designated for safety purposes as no
(ii) Inquire of the person and his at-
smoking areas, and crewmember in-
structions with regard to these items. tendant, if any, as to the most appro-
The briefing shall also include a state- priate manner of assisting the person
ment that Federal law prohibits tam- so as to prevent pain and further in-
pering with, disabling, or destroying jury.
any smoke detector in an airplane lav- (4) The requirements of paragraph
atory; smoking in lavatories; and, (a)(3) of this section do not apply to a
when applicable, smoking in passenger person who has been given a briefing
compartments. before a previous leg of a flight in the
(ii) The location of emergency exits. same aircraft when the crewmembers
(iii) The use of safety belts, including on duty have been advised as to the
spaschal on DSKJM0X7X2PROD with CFR

instructions on how to fasten and un- most appropriate manner of assisting


fasten the safety belts. Each passenger the person so as to prevent pain and
shall be briefed on when, where, and further injury.

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§ 121.573 14 CFR Ch. I (1–1–21 Edition)

(b) Each certificate holder must must be given before reaching the
carry on each passenger-carrying air- overwater part of the flight.
plane, in convenient locations for use [Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as
of each passenger, printed cards amended by Amdt. 121–144, 43 FR 22648, May
supplementing the oral briefing. Each 25, 1978; Amdt. 121–146, 43 FR 28403, June 29,
card must contain information perti- 1978]
nent only to the type and model of air-
plane used for that flight, including— § 121.574 Oxygen and portable oxygen
concentrators for medical use by
(1) Diagrams of, and methods of oper- passengers.
ating, the emergency exits;
(2) Other instructions necessary for (a) A certificate holder may allow a
use of emergency equipment; and passenger to carry and operate equip-
ment for the storage, generation, or
(3) No later than June 12, 2005, for Do-
dispensing of oxygen when all of the
mestic and Flag scheduled passenger-
conditions in paragraphs (a) through
carrying flights, the sentence, ‘‘Final
(d) of this section are satisfied. Begin-
assembly of this airplane was com- ning August 22, 2016, a certificate hold-
pleted in [INSERT NAME OF COUN- er may allow a passenger to carry and
TRY].’’ operate a portable oxygen concentrator
(c) The certificate holder shall de- when the conditions in paragraphs (b)
scribe in its manual the procedure to and (e) of this section are satisfied.
be followed in the briefing required by (1) The equipment is—
paragraph (a) of this section. (i) Furnished by the certificate hold-
[Doc. No. 2033, 30 FR 3206, Mar. 9, 1965] er;
(ii) Of an approved type or is in con-
EDITORIAL NOTE: For FEDERAL REGISTER ci- formity with the manufacturing, pack-
tations affecting § 121.571, see the List of CFR
aging, marking, labeling, and mainte-
Sections Affected, which appears in the
nance requirements of 49 CFR parts
Finding Aids section of the printed volume
and at www.govinfo.gov.
171, 172, and 173, except § 173.24(a)(1);
(iii) Maintained by the certificate
§ 121.573 Briefing passengers: Ex- holder in accordance with an approved
tended overwater operations. maintenance program;
(iv) Free of flammable contaminants
(a) In addition to the oral briefing re-
on all exterior surfaces;
quired by § 121.571(a), each certificate
(v) Capable of providing a minimum
holder operating an airplane in ex-
mass flow of oxygen to the user of four
tended overwater operations shall en-
liters per minute;
sure that all passengers are orally
(vi) Constructed so that all valves,
briefed by the appropriate crewmember fittings, and gauges are protected from
on the location and operation of life damage; and
preservers, liferafts, and other flota- (vii) Appropriately secured.
tion means, including a demonstration (2) When the oxygen is stored in the
of the method of donning and inflating form of a liquid, the equipment has
a life preserver. been under the certificate holder’s ap-
(b) The certificate holder shall de- proved maintenance program since its
scribe in its manual the procedure to purchase new or since the storage con-
be followed in the briefing required by tainer was last purged.
paragraph (a) of this section. (3) When the oxygen is stored in the
(c) If the airplane proceeds directly form of a compressed gas as defined in
over water after takeoff, the briefing 49 CFR 173.115(b)—
required by paragraph (a) of this sec- (i) The equipment has been under the
tion must be done before takeoff. certificate holder’s approved mainte-
(d) If the airplane does not proceed nance program since its purchase new
directly over water after takeoff, no or since the last hydrostatic test of the
part of the briefing required by para- storage cylinder; and
spaschal on DSKJM0X7X2PROD with CFR

graph (a) of this section has to be given (ii) The pressure in any oxygen cyl-
before takeoff, but the entire briefing inder does not exceed the rated cyl-
inder pressure.

206

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Federal Aviation Administration, DOT § 121.574

(4) Each person using the equipment aircraft and a certificate holder may
has a medical need to use it evidenced allow a passenger to carry or operate a
by a written statement to be kept in portable oxygen concentrator on board
that person’s possession, signed by a li- an aircraft operated under this part
censed physician which specifies the during all phases of flight if the port-
maximum quantity of oxygen needed able oxygen concentrator satisfies all
each hour and the maximum flow rate of the requirements in this paragraph
needed for the pressure altitude cor- (e):
responding to the pressure in the cabin (i) Is legally marketed in the United
of the airplane under normal operating States in accordance with Food and
conditions. This paragraph does not Drug Administration requirements in
apply to the carriage of oxygen in an title 21 of the CFR;
airplane in which the only passengers (ii) Does not radiate radio frequency
carried are persons who may have a emissions that interfere with aircraft
medical need for oxygen during flight, systems;
no more than one relative or other in- (iii) Generates a maximum oxygen
terested person for each of those per- pressure of less than 200 kPa gauge
sons, and medical attendants. (29.0 psig/43.8 psia) at 20 °C (68 °F);
(5) When a physician’s statement is (iv) Does not contain any hazardous
required by paragraph (a)(4) of this sec- materials subject to the Hazardous Ma-
tion, the total quantity of oxygen car- terials Regulations (49 CFR parts 171
ried is equal to the maximum quantity through 180) except as provided in 49
of oxygen needed each hour, as speci- CFR 175.10 for batteries used to power
fied in the physician’s statement, mul- portable electronic devices and that do
tiplied by the number of hours used to not require aircraft operator approval;
compute the amount of airplane fuel and
required by this part. (v) Bears a label on the exterior of
(6) The pilot in command is advised the device applied in a manner that en-
when the equipment is on board, and sures the label will remain affixed for
when it is intended to be used. the life of the device and containing
(7) The equipment is stowed, and the following certification statement
each person using the equipment is in red lettering: ‘‘The manufacturer of
seated, so as not to restrict access to this POC has determined this device
or use of any required emergency, or conforms to all applicable FAA accept-
regular exit or of the aisle in the pas- ance criteria for POC carriage and use
senger compartment. on board aircraft.’’ The label require-
(b) No person may smoke or create ments in this paragraph (e)(1)(v) do not
an open flame and no certificate holder apply to the following portable oxygen
may allow any person to smoke or cre- concentrators approved by the FAA for
ate an open flame within 10 feet of oxy- use on board aircraft prior to May 24,
gen storage and dispensing equipment 2016:
carried in accordance with paragraph (A) AirSep Focus;
(a) of this section or a portable oxygen (B) AirSep FreeStyle;
concentrator carried and operated in (C) AirSep FreeStyle 5;
accordance with paragraph (e) of this (D) AirSep LifeStyle;
section. (E) Delphi RS–00400;
(c) No certificate holder may allow (F) DeVilbiss Healthcare iGo;
any person to connect or disconnect (G) Inogen One;
oxygen dispensing equipment, to or (H) Inogen One G2;
from a gaseous oxygen cylinder while (I) Inogen One G3;
any passenger is aboard the airplane. (J) Inova Labs LifeChoice;
(d) The requirements of this section (K) Inova Labs LifeChoice Activox;
do not apply to the carriage of supple- (L) International Biophysics
mental or first-aid oxygen and related LifeChoice;
equipment required by this chapter. (M) Invacare Solo2;
(e) Portable oxygen concentrators—(1) (N) Invacare XPO2;
spaschal on DSKJM0X7X2PROD with CFR

Acceptance criteria. A passenger may (O) Oxlife Independence Oxygen Con-


carry or operate a portable oxygen con- centrator;
centrator for personal use on board an (P) Oxus RS–00400;

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§ 121.575 14 CFR Ch. I (1–1–21 Edition)

(Q) Precision Medical EasyPulse; if that person appears to be intoxi-


(R) Respironics EverGo; cated.
(S) Respironics SimplyGo; (d) Each certificate holder shall,
(T) SeQual Eclipse; within five days after the incident, re-
(U) SeQual eQuinox Oxygen System port to the Administrator the refusal
(model 4000); of any person to comply with para-
(V) SeQual Oxywell Oxygen System graph (a) of this section, or of any dis-
(model 4000); turbance caused by a person who ap-
(W) SeQual SAROS; and
pears to be intoxicated aboard any of
(X) VBox Trooper Oxygen Concen-
its aircraft.
trator.
(2) Operating requirements. Portable [Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
oxygen concentrators that satisfy the amended by Amdt. 121–118, 40 FR 17552, Apr.
acceptance criteria identified in para- 21, 1975; Amdt. 121–178, 47 FR 13316, Mar. 29,
graph (e)(1) of this section may be car- 1982; Amdt. 121–275, 67 FR 31932, May 10, 2002]
ried or operated by a passenger on an
aircraft provided the aircraft operator § 121.576 Retention of items of mass in
ensures that all of the conditions in passenger and crew compartments.
this paragraph (e)(2) are satisfied: The certificate holder must provide
(i) Exit seats. No person operating a and use means to prevent each item of
portable oxygen concentrator is per- galley equipment and each serving
mitted to occupy an exit seat. cart, when not in use, and each item of
(ii) Stowage of device. During move- crew baggage, which is carried in a pas-
ment on the surface, takeoff and land- senger or crew compartment from be-
ing, the device must be stowed under coming a hazard by shifting under the
the seat in front of the user, or in an- appropriate load factors corresponding
other approved stowage location so
to the emergency landing conditions
that it does not block the aisle way or
under which the airplane was type cer-
the entryway to the row. If the device
is to be operated by the user, it must tificated.
be operated only at a seat location that [Doc. No. 16383, 43 FR 22648, May 25, 1978]
does not restrict any passenger’s access
to, or use of, any required emergency § 121.577 Stowage of food, beverage,
or regular exit, or the aisle(s) in the and passenger service equipment
passenger compartment. during airplane movement on the
surface, takeoff, and landing.
[Doc. No. 12169, 39 FR 42677, Dec. 6, 1974, as
amended by Amdt. 121–159, 45 FR 41594, June (a) No certificate holder may move
19, 1980; Docket FAA–2014–0554, Amdt. 121– an airplane on the surface, take off, or
374, 81 FR 33118, May 24, 2016] land when any food, beverage, or table-
ware furnished by the certificate hold-
§ 121.575 Alcoholic beverages.
er is located at any passenger seat.
(a) No person may drink any alco- (b) No certificate holder may move
holic beverage aboard an aircraft un- an airplane on the surface, take off, or
less the certificate holder operating land unless each food and beverage
the aircraft has served that beverage to tray and seat back tray table is se-
him. cured in its stowed position.
(b) No certificate holder may serve
(c) No certificate holder may permit
any alcoholic beverage to any person
an airplane to move on the surface,
aboard any of its aircraft who—
(1) Appears to be intoxicated; take off, or land unless each passenger
(2) Is escorting a person or being es- serving cart is secured in its stowed po-
corted in accordance with 49 CFR sition.
1544.221; or (d) No certificate holder may permit
(3) Has a deadly or dangerous weapon an airplane to move on the surface,
accessible to him while aboard the air- take off, or land unless each movie
craft in accordance with 49 CFR screen that extends into an aisle is
spaschal on DSKJM0X7X2PROD with CFR

1544.219, 1544.221, or 1544.223. stowed.


(c) No certificate holder may allow (e) Each passenger shall comply with
any person to board any of its aircraft instructions given by a crewmember

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Federal Aviation Administration, DOT § 121.579

with regard to compliance with this unreasonable economic burden it can-


section. not comply for a specified period of
[Doc. No. 26142, 57 FR 42674, Sept. 15, 1992]
time; and
(2) It has submitted a plan acceptable
§ 121.578 Cabin ozone concentration. to the Administrator to effect compli-
ance to the extent possible.
(a) For the purpose of this section,
(e) A certificate holder need not com-
the following definitions apply:
(1) Flight segment means scheduled ply with the requirements of paragraph
nonstop flight time between two air- (b) of this section for an aircraft—
ports. (1) When the only persons carried are
(2) Sea level equivalent refers to condi- flight crewmembers and persons listed
tions of 25 °C and 760 millimeters of in § 121.583;
mercury pressure. (2) If the aircraft is scheduled for re-
(b) Except as provided in paragraphs tirement before January 1, 1985; or
(d) and (e) of this section, no certifi- (3) If the aircraft is scheduled for re-
cate holder may operate an airplane engining under the provisions of sub-
above the following flight levels unless part E of part 91, until it is re-engined.
it is successfully demonstrated to the [Doc. No. 121–154, 45 FR 3883, Jan. 21, 1980. Re-
Administrator that the concentration designated by Amdt. 121–162, 45 FR 46739,
of ozone inside the cabin will not ex- July 10, 1980, and amended by Amdt. 121–181,
ceed— 47 FR 58489, Dec. 30, 1982; Amdt. 121–251, 60
(1) For flight above flight level 320, FR 65935, Dec. 20, 1995]
0.25 parts per million by volume, sea
§ 121.579 Minimum altitudes for use of
level equivalent, at any time above autopilot.
that flight level; and
(2) For flight above flight level 270, (a) Definitions. For purpose of this
0.1 parts per million by volume, sea section—
level equivalent, time-weighted aver- (1) Altitudes for takeoff/initial climb
age for each flight segment that ex- and go-around/missed approach are de-
ceeds 4 hours and includes flight above fined as above the airport elevation.
that flight level. (For this purpose, the (2) Altitudes for enroute operations
amount of ozone below flight level 180 are defined as above terrain elevation.
is considered to be zero.) (3) Altitudes for approach are defined
(c) Compliance with this section as above the touchdown zone elevation
must be shown by analysis or tests, (TDZE), unless the altitude is specifi-
based on either airplane operational cally in reference to DA (H) or MDA, in
procedures and performance limita- which case the altitude is defined by
tions or the certificate holder’s oper- reference to the DA(H) or MDA itself.
ations. The analysis or tests must show (b) Takeoff and initial climb. No person
either of the following: may use an autopilot for takeoff or ini-
(1) Atmospheric ozone statistics indi- tial climb below the higher of 500 feet
cate, with a statistical confidence of at or an altitude that is no lower than
least 84%, that at the altitudes and lo- twice the altitude loss specified in the
cations at which the airplane will be Airplane Flight Manual (AFM), except
operated cabin ozone concentrations as follows—
will not exceed the limits prescribed by (1) At a minimum engagement alti-
paragraph (b) of this section. tude specified in the AFM; or
(2) The airplane ventilation system (2) At an altitude specified by the Ad-
including any ozone control equipment, ministrator, whichever is greater.
will maintain cabin ozone concentra- (c) Enroute. No person may use an
tions at or below the limits prescribed autopilot enroute, including climb and
by paragraph (b) of this section. descent, below the following—
(d) A certificate holder may obtain (1) 500 feet;
an authorization to deviate from the (2) At an altitude that is no lower
requirements of paragraph (b) of this than twice the altitude loss specified in
section, by an amendment to its oper- the AFM for an autopilot malfunction
spaschal on DSKJM0X7X2PROD with CFR

ations specifications, if— in cruise conditions; or


(1) It shows that due to cir- (3) At an altitude specified by the Ad-
cumstances beyond its control or to ministrator, whichever is greater.

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§ 121.580 14 CFR Ch. I (1–1–21 Edition)

(d) Approach. No person may use an in accordance with paragraph (e) in


autopilot at an altitude lower than 50 this section.
feet below the DA(H) or MDA for the (e) Go-Around/Missed Approach. No
instrument procedure being flown, ex- person may engage an autopilot during
cept as follows— a go-around or missed approach below
(1) For autopilots with an AFM speci- the minimum engagement altitude
fied altitude loss for approach oper- specified for takeoff and initial climb
ations— in paragraph (b) in this section. An
(i) An altitude no lower than twice autopilot minimum use altitude does
the specified altitude loss if higher not apply to a go-around/missed ap-
than 50 feet below the MDA or DA(H); proach initiated with an engaged auto-
(ii) An altitude no lower than 50 feet pilot. Performing a go-around or
higher than the altitude loss specified missed approach with an engaged auto-
in the AFM, when the following condi- pilot must not adversely affect safe ob-
tions are met— stacle clearance.
(A) Reported weather conditions are (f) Landing. Notwithstanding para-
less than the basic VFR weather condi- graph (d) of this section, autopilot min-
tions in § 91.155 of this chapter; imum use altitudes do not apply to
autopilot operations when an approved
(B) Suitable visual references speci-
automatic landing system mode is
fied in § 91.175 of this chapter have been
being used for landing. Automatic
established on the instrument ap-
landing systems must be authorized in
proach procedure; and
an operations specification issued to
(C) The autopilot is coupled and re- the operator.
ceiving both lateral and vertical path
references; [Doc. No. FAA–2012–1059, 79 FR 6086, Feb. 3,
(iii) An altitude no lower than the 2014]
higher of the altitude loss specified in § 121.580 Prohibition on interference
the AFM or 50 feet above the TDZE, with crewmembers.
when the following conditions are
met— No person may assault, threaten, in-
timidate, or interfere with a crew-
(A) Reported weather conditions are
member in the performance of the
equal to or better than the basic VFR
crewmember’s duties aboard an air-
weather conditions in § 91.155 of this
craft being operated under this part.
chapter; and
(B) The autopilot is coupled and re- [Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
ceiving both lateral and vertical path 1999]
references; or
§ 121.581 Observer’s seat: En route in-
(iv) A greater altitude specified by spections.
the Administrator.
(a) Except as provided in paragraph
(2) For autopilots with AFM specified
(c) of this section, each certificate
approach altitude limitations, the
holder shall make available a seat on
greater of—
the flight deck of each airplane, used
(i) The minimum use altitude speci-
by it in air commerce, for occupancy
fied for the coupled approach mode se- by the Administrator while conducting
lected; en route inspections. The location and
(ii) 50 feet; or equipment of the seat, with respect to
(iii) An altitude specified by Admin- its suitability for use in conducting en
istrator. route inspections, is determined by the
(3) For autopilots with an AFM speci- Administrator.
fied negligible or zero altitude loss for (b) In each airplane that has more
an autopilot approach mode malfunc- than one observer’s seat, in addition to
tion, the greater of— the seats required for the crew com-
(i) 50 feet; or plement for which the airplane was cer-
(ii) An altitude specified by Adminis- tificated, the forward observer’s seat or
trator. the observer’s seat selected by the Ad-
spaschal on DSKJM0X7X2PROD with CFR

(4) If executing an autopilot coupled ministrator must be made available


go-around or missed approach using a when complying with paragraph (a) of
certificated and functioning autopilot this section.

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Federal Aviation Administration, DOT § 121.583

(c) For any airplane type certificated (iii) The safe handling of hazardous
before December 20, 1995, for not more materials whose carriage is governed
than 30 passengers that does not have by regulations in 49 CFR part 175;
an observer seat on the flightdeck, the (iv) The security of valuable or con-
certificate holder must provide a for- fidential cargo;
ward passenger seat with headset or (v) The preservation of fragile or per-
speaker for occupancy by the Adminis- ishable cargo;
trator while conducting en route in- (vi) Experiments on, or testing of,
spections. cargo containers or cargo handling de-
vices;
[Doc. No. 6258, 29 FR 19219, Dec. 31, 1964, as
amended by Amdt. 121–144, 43 FR 22648, May (vii) The operation of special equip-
25, 1978; Amdt. 121–251, 60 FR 65935, Dec. 20, ment for loading or unloading cargo;
1995; Amdt. 121–288, 67 FR 2128, Jan. 15, 2002] and
(viii) The loading or unloading of
§ 121.582 Means to discreetly notify a outsize cargo.
flightcrew. (5) A person described in paragraph
Except for all-cargo operations as de- (a)(4) of this section, when traveling to
fined in § 110.2 of this chapter, after Oc- or from his assignment.
tober 15, 2007, for all passenger car- (6) A person performing duty as an
rying airplanes that require a lockable honor guard accompanying a shipment
flightdeck door in accordance with made by or under the authority of the
§ 121.313(f), the certificate holder must United States.
have an approved means by which the (7) A military courier, military route
cabin crew can discreetly notify the supervisor, military cargo contract co-
flightcrew in the event of suspicious ordinator, or a flight crewmember of
activity or security breaches in the another military cargo contract air
cabin. carrier or commercial operator, carried
by a military cargo contract air carrier
[Doc. No. FAA–2005–22449, 72 FR 45635, Aug. or commercial operator in operations
15, 2007, as amended by Amdt. 121–353, 76 FR under a military cargo contract, if that
7488, Feb. 10, 2011]
carriage is specifically authorized by
the appropriate armed forces.
§ 121.583 Carriage of persons without
compliance with the passenger-car- (8) A dependent of an employee of the
rying requirements of this part. certificate holder when traveling with
the employee on company business to
(a) When authorized by the certifi- or from outlying stations not served by
cate holder, the following persons, but adequate regular passenger flights.
no others, may be carried aboard an (b) No certificate holder may operate
airplane without complying with the an airplane carrying a person covered
passenger-carrying airplane require- by paragraph (a) of this section un-
ments in §§ 121.309(f), 121.310, 121.391, less—
121.571, and 121.587; the passenger-car- (1) Each person has unobstructed ac-
rying operation requirements in part cess from his seat to the pilot compart-
117 and §§ 121.157(c) and 121.291; the re- ment or to a regular or emergency exit;
quirements pertaining to passengers in
(2) The pilot in command has a
§§ 121.285, 121.313(f), 121.317, 121.547, and
means of notifying each person when
121.573; and the information disclosure
smoking is prohibited and when safety
requirements in § 121.311(k): belts must be fastened; and
(1) A crewmember. (3) The airplane has an approved seat
(2) A company employee. with an approved safety belt for each
(3) An FAA air carrier inspector, a person. The seat must be located so
DOD commercial air carrier evaluator, that the occupant is not in any posi-
or an authorized representative of the tion to interfere with the flight crew-
National Transportation Safety Board, members performing their duties.
who is performing official duties. (c) Before each takeoff, each certifi-
spaschal on DSKJM0X7X2PROD with CFR

(4) A person necessary for— cate holder operating an airplane car-


(i) The safety of the flight; rying persons covered by paragraph (a)
(ii) The safe handling of animals; of this section shall ensure that all

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§ 121.584 14 CFR Ch. I (1–1–21 Edition)

such persons have been orally briefed § 121.585 Exit seating.


by the appropriate crewmember on— (a)(1) Each certificate holder shall
(1) Smoking; determine, to the extent necessary to
(2) The use of seat belts; perform the applicable functions of
(3) The location and operation of paragraph (d) of this section, the suit-
emergency exits; ability of each person it permits to oc-
(4) The use of oxygen and emergency cupy an exit seat, in accordance with
oxygen equipment; and this section. For the purpose of this
(5) For extended overwater oper- section—
ations, the location of life rafts, and (i) Exit seat means—
the location and operation of life pre- (A) Each seat having direct access to
servers including a demonstration of an exit; and,
the method of donning and inflating a (B) Each seat in a row of seats
life preserver. through which passengers would have
(d) Each certificate holder operating to pass to gain access to an exit, from
an airplane carrying persons covered the first seat inboard of the exit to the
by paragraph (a) of this section shall first aisle inboard of the exit.
incorporate procedures for the safe car- (ii) A passenger seat having ‘‘direct
riage of such persons into the certifi- access’’ means a seat from which a pas-
cate holder’s operations manual. senger can proceed directly to the exit
(e) The pilot in command may au- without entering an aisle or passing
thorize a person covered by paragraph around an obstruction.
(a) of this section to be admitted to the (2) Each certificate holder shall make
crew compartment of the airplane. the passenger exit seating determina-
tions required by this paragraph in a
[Doc. No. 10580, 35 FR 14612, Sept. 18, 1970, as non-discriminatory manner consistent
amended by Amdt. 121–96, 37 FR 19608, Sept. with the requirements of this section,
21, 1972; Amdt. 121–159, 45 FR 41594, June 19,
by persons designated in the certificate
1980; Amdt. 121–232, 57 FR 48663, Oct. 27, 1992;
Amdt. 121–251, 60 FR 65935, Dec. 20, 1995; holder’s required operations manual.
Amdt. 121–253, 61 FR 2614, Jan. 26, 1996; Amdt. (3) Each certificate holder shall des-
121–298, 68 FR 41217, July 10, 2003; Amdt. 121– ignate the exit seats for each passenger
357, 77 FR 403, Jan. 4, 2012; Amdt. 121–373, 80 seating configuration in its fleet in ac-
FR 58586, Sept. 30, 2015] cordance with the definitions in this
paragraph and submit those designa-
§ 121.584 Requirement to view the tions for approval as part of the proce-
area outside the flightdeck door. dures required to be submitted for ap-
From the time the airplane moves in proval under paragraphs (n) and (p) of
order to initiate a flight segment this section.
through the end of that flight segment, (b) No certificate holder may seat a
no person may unlock or open the person in a seat affected by this section
flightdeck door unless: if the certificate holder determines
(a) A person authorized to be on the that it is likely that the person would
flightdeck uses an approved audio pro- be unable to perform one or more of
cedure and an approved visual device to the applicable functions listed in para-
verify that: graph (d) of this section because—
(1) The area outside the flightdeck (1) The person lacks sufficient mobil-
door is secure, and; ity, strength, or dexterity in both arms
(2) If someone outside the flightdeck and hands, and both legs:
is seeking to have the flightdeck door (i) To reach upward, sideways, and
opened, that person is not under du- downward to the location of emergency
ress, and; exit and exit-slide operating mecha-
(b) After the requirements of para- nisms;
graph (a) of this section have been sat- (ii) To grasp and push, pull, turn, or
isfactorily accomplished, the crew- otherwise manipulate those mecha-
member in charge on the flightdeck au- nisms;
(iii) To push, shove, pull, or other-
spaschal on DSKJM0X7X2PROD with CFR

thorizes the door to be unlocked and


wise open emergency exits;
open.
(iv) To lift out, hold, deposit on near-
[Amdt. 121–334, 72 FR 45635, Aug. 15, 2007] by seats, or maneuver over the

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Federal Aviation Administration, DOT § 121.585

seatbacks to the next row objects the (d) Each certificate holder shall in-
size and weight of over-wing window clude on passenger information cards,
exit doors; presented in the language in which
(v) To remove obstructions similar in briefings and oral commands are given
size and weight to over-wing exit doors; by the crew, at each exit seat affected
(vi) To reach the emergency exit ex- by this section, information that, in
peditiously; the event of an emergency in which a
(vii) To maintain balance while re- crewmember is not available to assist,
moving obstructions; a passenger occupying an exit seat may
(viii) To exit expeditiously; use if called upon to perform the fol-
(ix) To stabilize an escape slide after lowing functions:
deployment; or (1) Locate the emergency exit;
(x) To assist others in getting off an (2) Recognize the emergency exit
escape slide; opening mechanism;
(2) The person is less than 15 years of (3) Comprehend the instructions for
age or lacks the capacity to perform operating the emergency exit;
one or more of the applicable functions (4) Operate the emergency exit;
listed in paragraph (d) of this section (5) Assess whether opening the emer-
without the assistance of an adult com- gency exit will increase the hazards to
panion, parent, or other relative; which passengers may be exposed;
(3) The person lacks the ability to (6) Follow oral directions and hand
read and understand instructions re- signals given by a crewmember;
quired by this section and related to (7) Stow or secure the emergency exit
emergency evacuation provided by the door so that it will not impede use of
certificate holder in printed or graphic the exit;
form or the ability to understand oral (8) Assess the condition of an escape
crew commands. slide, activate the slide, and stabilize
(4) The person lacks sufficient visual the slide after deployment to assist
capacity to perform one or more of the others in getting off the slide;
applicable functions in paragraph (d) of (9) Pass expeditiously through the
this section without the assistance of emergency exit; and
visual aids beyond contact lenses or (10) Assess, select, and follow a safe
eyeglasses; path away from the emergency exit.
(5) The person lacks sufficient aural (e) Each certificate holder shall in-
capacity to hear and understand in- clude on passenger information cards,
structions shouted by flight attend- at each exit seat—
ants, without assistance beyond a hear- (1) In the primary language in which
ing aid; emergency commands are given by the
(6) The person lacks the ability ade- crew, the selection criteria set forth in
quately to impart information orally paragraph (b) of this section, and a re-
to other passengers; or, quest that a passenger identify himself
(7) The person has: or herself to allow reseating if he or
(i) A condition or responsibilities, she:
such as caring for small children, that (i) Cannot meet the selection criteria
might prevent the person from per- set forth in paragraph (b) of this sec-
forming one or more of the applicable tion;
functions listed in paragraph (d) of this (ii) Has a nondiscernible condition
section; or that will prevent him or her from per-
(ii) A condition that might cause the forming the applicable functions listed
person harm if he or she performs one in paragraph (d) of this section;
or more of the applicable functions (iii) May suffer bodily harm as the re-
listed in paragraph (d) of this section. sult of performing one or more of those
(c) Each passenger shall comply with functions; or
instructions given by a crewmember or (iv) Does not wish to perform those
other authorized employee of the cer- functions; and
spaschal on DSKJM0X7X2PROD with CFR

tificate holder implementing exit seat- (2) In each language used by the cer-
ing restrictions established in accord- tificate holder for passenger informa-
ance with this section. tion cards, a request that a passenger

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§ 121.585 14 CFR Ch. I (1–1–21 Edition)

identify himself or herself to allow re- (4) Does not wish to perform those
seating if he or she lacks the ability to functions listed in paragraph (d) of this
read, speak, or understand the lan- section.
guage or the graphic form in which in- A certificate holder shall not require
structions required by this section and the passenger to disclose his or her rea-
related to emergency evacuation are son for needing reseating.
provided by the certificate holder, or (j) [Reserved]
the ability to understand the specified (k) In the event a certificate holder
language in which crew commands will determines in accordance with this sec-
be given in an emergency. tion that it is likely that a passenger
(3) May suffer bodily harm as the re- assigned to an exit seat would be un-
sult of performing one or more of those able to perform the functions listed in
functions; or, paragraph (d) of this section or a pas-
(4) Does not wish to perform those senger requests a non-exit seat, the
functions. certificate holder shall expeditiously
A certificate holder shall not require relocate the passenger to a non-exit
the passenger to disclose his or her rea- seat.
son for needing reseating. (l) In the event of full booking in the
(f) Each certificate holder shall make non-exit seats and if necessary to ac-
available for inspection by the public commodate a passenger being relocated
at all passenger loading gates and tick- from an exit seat, the certificate hold-
et counters at each airport where it er shall move a passenger who is will-
conducts passenger operations, written ing and able to assume the evacuation
procedures established for making de- functions that may be required, to an
terminations in regard to exit row exit seat.
(m) A certificate holder may deny
seating.
transportation to any passenger under
(g) No certificate holder may allow
this section only because—
taxi or pushback unless at least one re-
(1) The passenger refuses to comply
quired crewmember has verified that
with instructions given by a crew-
no exit seat is occupied by a person the
member or other authorized employee
crewmember determines is likely to be
of the certificate holder implementing
unable to perform the applicable func-
exit seating restrictions established in
tions listed in paragraph (d) of this sec-
accordance with this section, or
tion. (2) The only seat that will physically
(h) Each certificate holder shall in- accommodate the person’s handicap is
clude in its passenger briefings a ref- an exit seat.
erence to the passenger information (n) In order to comply with this sec-
cards, required by paragraphs (d) and tion certificate holders shall—
(e), the selection criteria set forth in (1) Establish procedures that address:
paragraph (b), and the functions to be (i) The criteria listed in paragraph
performed, set forth in paragraph (d) of (b) of this section;
this section. (ii) The functions listed in paragraph
(i) Each certificate holder shall in- (d) of this section;
clude in its passenger briefings a re- (iii) The requirements for airport in-
quest that a passenger identify himself formation, passenger information
or herself to allow reseating if he or cards, crewmember verification of ap-
she— propriate seating in exit seats, pas-
(1) Cannot meet the selection criteria senger briefings, seat assignments, and
set forth in paragraph (b) of this sec- denial of transportation as set forth in
tion; this section;
(2) Has a nondiscernible condition (iv) How to resolve disputes arising
that will prevent him or her from per- from implementation of this section,
forming the applicable functions listed including identification of the certifi-
in paragraph (d) of this section; cate holder employee on the airport to
(3) May suffer bodily harm as the re- whom complaints should be addressed
spaschal on DSKJM0X7X2PROD with CFR

sult of performing one or more of those for resolution; and,


functions listed in paragraph (d) of this (2) Submit their procedures for pre-
section; or, liminary review and approval to the

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Federal Aviation Administration, DOT § 121.589

principal operations inspectors as- the Administrator, shall make those


signed to them at the responsible revisions in its procedures. Within 30
Flight Standards office. days after the certificate holder re-
(o) Certificate holders shall assign ceives such notice, it may file a peti-
seats prior to boarding consistent with tion to reconsider the notice with the
the criteria listed in paragraph (b) and responsible Flight Standards office.
the functions listed in paragraph (d) of The filing of a petition to reconsider
this section, to the maximum extent stays the notice pending a decision by
feasible. the Administrator. However, if the Ad-
(p) The procedures required by para- ministrator finds that there is an
graph (n) of this section will not be- emergency that requires immediate ac-
come effective until final approval is tion in the interest of safety in air
granted by the Executive Director, commerce, he may, upon a statement
Flight Standards Service, Washington, of the reasons, require a change effec-
DC. Approval will be based solely upon tive without stay.
the safety aspects of the certificate (d) Each certificate holder shall
holder’s procedures. make available to the public at each
airport it serves a copy of each proce-
[Doc. No. 25821, 55 FR 8072, Mar. 6, 1990, as dure it establishes in accordance with
amended by Amdt. 121–232, 57 FR 48663, Oct.
27, 1992; Amdt. 121–253, 61 FR 2614, Jan. 26,
paragraph (a)(1) of this section.
1996; Docket FAA–2018–0119, Amdt. 121–380, 83 [Doc. No. 12881, 42 FR 18394, Apr. 7, 1977, as
FR 9172, 9173, Mar. 5, 2018] amended by Amdt. 121–174, 46 FR 38051, July
23, 1981; Amdt. 121–207, 54 FR 39293, Sept. 25,
§ 121.586 Authority to refuse transpor- 1989; Amdt. 121–253, 61 FR 2614, Jan. 26, 1996;
tation. Docket FAA–2018–0119, Amdt. 121–380, 83 FR
(a) No certificate holder may refuse 9172, Mar. 5, 2018]
transportation to a passenger on the § 121.587 Closing and locking of
basis that, because the passenger may flightcrew compartment door.
need the assistance of another person
to move expeditiously to an exit in the (a) Except as provided in paragraph
event of an emergency, his transpor- (b) of this section, a pilot in command
tation would or might be inimical to of an airplane that has a lockable
safety of flight unless— flightcrew compartment door in ac-
(1) The certificate holder has estab- cordance with § 121.313 and that is car-
lished procedures (including reasonable rying passengers shall ensure that the
notice requirements) for the carriage door separating the flightcrew com-
of passengers who may need the assist- partment from the passenger compart-
ance of another person to move expedi- ment is closed and locked at all times
tiously to an exit in the event of an when the aircraft is being operated.
emergency; and (b) The provisions of paragraph (a) of
(2) At least one of the following con- this section do not apply at any time
ditions exist: when it is necessary to permit access
(i) The passenger fails to comply with and egress by persons authorized in ac-
the notice requirements in the certifi- cordance with § 121.547 and provided the
cate holder’s procedures. part 119 operator complies with FAA
(ii) The passenger cannot be carried approved procedures regarding the
in accordance with the certificate hold- opening, closing and locking of the
er’s procedures. flightdeck doors.
(b) Each certificate holder shall pro- [Doc. No. FAA–2001–11032, 67 FR 2128, Jan. 15,
vide the responsible Flight Standards 2002]
office with a copy of each procedure it
establishes in accordance with para- § 121.589 Carry-on baggage.
graph (a)(2) of this section. (a) No certificate holder may allow
(c) Whenever the Administrator finds the boarding of carry-on baggage on an
that revisions in the procedures de- airplane unless each passenger’s bag-
scribed in paragraph (a)(2) of this sec- gage has been scanned to control the
spaschal on DSKJM0X7X2PROD with CFR

tion are necessary in the interest of size and amount carried on board in ac-
safety or in the public interest, the cer- cordance with an approved carry-on
tificate holder, after notification by baggage program in its operations

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§ 121.590 14 CFR Ch. I (1–1–21 Edition)

specifications. In addition, no pas- (2) Between a nonemergency exit


senger may board an airplane if his/her window seat and the fuselage, if the
carry-on baggage exceeds the baggage cane is flat on the floor; or
allowance prescribed in the carry-on (3) Beneath any two nonemergency
baggage program in the certificate exit window seats, if the cane is flat on
holder’s operations specifications. the floor; or
(b) No certificate holder may allow (4) In accordance with any other
all passenger entry doors of an airplane method approved by the Adminis-
to be closed in preparation for taxi or trator.
pushback unless at least one required [Doc. No. 24996, 52 FR 21476, June 5, 1987, as
crewmember has verified that each ar- amended by Amdt. 121–251, 60 FR 65935, Dec.
ticle of baggage is stowed in accord- 20, 1995]
ance with this section and § 121.285 (c) § 121.590 Use of certificated land air-
and (d). ports in the United States.
(c) No certificate holder may allow
(a) Except as provided in paragraphs
an airplane to take off or land unless
(b) or (c) of this section, or unless au-
each article of baggage is stowed:
thorized by the Administrator under 49
(1) In a suitable closet or baggage or U.S.C. 44706(c), no air carrier and no
cargo stowage compartment placarded pilot being used by an air carrier may
for its maximum weight and providing operate, in the conduct of a domestic
proper restraint for all baggage or type operation, flag type operation, or
cargo stowed within, and in a manner supplemental type operation, an air-
that does not hinder the possible use of plane at a land airport in any State of
any emergency equipment; or the United States, the District of Co-
(2) As provided in § 121.285 (c) and (d); lumbia, or any territory or possession
or of the United States unless that air-
(3) Under a passenger seat. port is certificated under part 139 of
(d) Baggage, other than articles of this chapter. Further, after June 9, 2005
loose clothing, may not be placed in an for Class I airports and after December
overhead rack unless that rack is 9, 2005 for Class II, III, and IV airports,
equipped with approved restraining de- when an air carrier and a pilot being
vices or doors. used by the air carrier are required to
(e) Each passenger must comply with operate at an airport certificated under
instructions given by crewmembers re- part 139 of this chapter, the air carrier
garding compliance with paragraphs and the pilot may only operate at that
(a), (b), (c), (d), and (g) of this section. airport if the airport is classified under
(f) Each passenger seat under which part 139 to serve the type airplane to be
baggage is allowed to be stowed shall operated and the type of operation to
be fitted with a means to prevent arti- be conducted.
(b)(1) An air carrier and a pilot being
cles of baggage stowed under it from
used by the air carrier in the conduct
sliding forward. In addition, each aisle
of a domestic type operation, flag type
seat shall be fitted with a means to
operation, or supplemental type oper-
prevent articles of baggage stowed
ation may designate and use as a re-
under it from sliding sideward into the
quired alternate airport for departure
aisle under crash impacts severe or destination an airport that is not
enough to induce the ultimate inertia certificated under part 139 of this chap-
forces specified in the emergency land- ter.
ing condition regulations under which (2) Until December 9, 2005, an air car-
the airplane was type certificated. rier and a pilot being used by the air
(g) In addition to the methods of carrier in the conduct of domestic type
stowage in paragraph (c) of this sec- operations and flag type operations,
tion, flexible travel canes carried by may operate an airplane designed for
blind individuals may be stowed— more than 9 but less than 31 passenger
(1) Under any series of connected pas- seats, at a land airport, in any State of
spaschal on DSKJM0X7X2PROD with CFR

senger seats in the same row, if the the United States, the District of Co-
cane does not protrude into an aisle lumbia, or any territory or possession
and if the cane is flat on the floor; or of the United States, that does not

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Federal Aviation Administration, DOT § 121.590

hold an airport operating certificate ernment that is not certificated under


issued under part 139 of this chapter, part 139 of this chapter only if that air-
and that serves small air carrier air- port meets the equivalent—
craft (as defined under ‘‘Air carrier air- (1) Safety standards for airports cer-
craft’’ and ‘‘Class III airport’’ in § 139.5 tificated under part 139 of this chapter;
of this Chapter). and
(c) An air carrier and a pilot used by (2) Airport classification require-
the air carrier in conducting a domes- ments under part 139 of this chapter to
tic type operation, flag type operation, serve the type airplane to be operated
or supplemental type operation may and the type of operation to be con-
operate an airplane at an airport oper- ducted.
ated by the U.S. Government that is (f) For the purpose of this section,
not certificated under part 139 of this the terms—
chapter, only if that airport meets the Domestic type operation means any do-
equivalent— mestic operation conducted with—
(1) Safety standards for airports cer- (1) An airplane designed for at least
tificated under part 139 of this chapter; 31 passenger seats (as determined by
and the aircraft type certificate issued by a
(2) Airport classification require- competent civil aviation authority) at
ments under part 139 to serve the type any land airport in any State of the
airplane to be operated and the type of United States, the District of Colum-
operation to be conducted. bia, or any territory or possession of
(d) An air carrier, a commercial oper- the United States; or
ator, and a pilot being used by the air (2) An airplane designed for more
carrier or the commercial operator— than 9 passenger seats but less than 31
when conducting a passenger-carrying passenger seats (as determined by the
airplane operation under this part that aircraft type certificate issued by a
is not a domestic type operation, a flag competent civil aviation authority) at
type operation, or a supplemental type any land airport in any State of the
operation—may operate at a land air- United States (except Alaska), the Dis-
port not certificated under part 139 of trict of Columbia, or any territory or
this chapter only when the following possession of the United States.
conditions are met: Flag type operation means any flag op-
(1) The airport is adequate for the eration conducted with—
proposed operation, considering such (1) An airplane designed for at least
items as size, surface, obstructions, 31 passenger seats (as determined by
and lighting. the aircraft type certificate issued by a
(2) For an airplane carrying pas- competent civil aviation authority) at
sengers at night, the pilot may not any land airport in any State of the
take off from, or land at, an airport un- United States, the District of Colum-
less— bia, or any territory or possession of
(i) The pilot has determined the wind the United States; or
direction from an illuminated wind di- (2) An airplane designed for more
rection indicator or local ground com- than 9 passenger seats but less than 31
munications or, in the case of takeoff, passenger seats (as determined by the
that pilot’s personal observations; and aircraft type certificate issued by a
(ii) The limits of the area to be used competent civil aviation authority) at
for landing or takeoff are clearly any land airport in any State of the
shown by boundary or runway marker United States (except Alaska), the Dis-
lights. If the area to be used for takeoff trict of Columbia, or any territory or
or landing is marked by flare pots or possession of the United States.
lanterns, their use must be authorized Supplemental type operation means
by the Administrator. any supplemental operation (except an
(e) A commercial operator and a pilot all-cargo operation) conducted with an
used by the commercial operator in airplane designed for at least 31 pas-
conducting a domestic type operation, senger seats (as determined by the air-
spaschal on DSKJM0X7X2PROD with CFR

flag type operation, or supplemental craft type certificate issued by a com-


type operation may operate an airplane petent civil aviation authority) at any
at an airport operated by the U.S. Gov- land airport in any State of the United

217

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§ 121.591 14 CFR Ch. I (1–1–21 Edition)

States, the District of Columbia, or § 121.595 Dispatching authority: Flag


any territory or possession of the operations.
United States. (a) No person may start a flight un-
United States means the States of the less an aircraft dispatcher specifically
United States, the District of Colum- authorizes that flight.
bia, and the territories and possessions (b) No person may continue a flight
of the United States. from an intermediate airport without
redispatch if the airplane has been on
NOTE: Special Statutory Requirement to the ground more than six hours.
Operate to or From a Part 139 Airport. Each
air carrier that provides—in an aircraft (e.g., § 121.597 Flight release authority: Sup-
airplane, rotorcraft, etc.) designed for more plemental operations.
than 9 passenger seats—regularly scheduled
charter air transportation for which the pub- (a) No person may start a flight
lic is provided in advance a schedule con- under a flight following system with-
taining the departure location, departure out specific authority from the person
time, and arrival location of the flight must authorized by the operator to exercise
operate to and from an airport certificated operational control over the flight.
under part 139 of this chapter in accordance (b) No person may start a flight un-
with 49 U.S.C. 41104(b). That statutory provi- less the pilot in command or the person
sion contains stand-alone requirements for authorized by the operator to exercise
such air carriers and special exceptions for operational control over the flight has
operations in Alaska and outside the United executed a flight release setting forth
States. Nothing in § 121.590 exempts the air the conditions under which the flights
carriers described in this note from the re- will be conducted. The pilot in com-
quirements of 49 U.S.C. 41104(b). Certain op- mand may sign the flight release only
erations by air carriers that conduct public when he and the person authorized by
charter operations under 14 CFR part 380 are
the operator to exercise operational
covered by the statutory requirements to op-
control believe that the flight can be
erate to and from part 139 airports. See 49
U.S.C. 41104(b).
made with safety.
(c) No person may continue a flight
[Doc. No. FAA–2000–7479, 69 FR 6424, Feb. 10, from an intermediate airport without a
2004; Amdt. 121–304, 69 FR 31522, June 4, 2004] new flight release if the aircraft has
been on the ground more than six
Subpart U—Dispatching and Flight hours.
Release Rules [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–3, 30 FR 3639, Mar. 19,
1965]
SOURCE: Docket No. 6258, 29 FR 19222, Dec.
31, 1964, unless otherwise noted.
§ 121.599 Familiarity with weather
conditions.
§ 121.591 Applicability.
(a) Domestic and flag operations. No
This subpart prescribes dispatching aircraft dispatcher may release a flight
rules for domestic and flag operations unless he is thoroughly familiar with
and flight release rules for supple- reported and forecast weather condi-
mental operations. tions on the route to be flown.
[Doc. No. 28154, 61 FR 2614, Jan. 26, 1996]
(b) Supplemental operations. No pilot
in command may begin a flight unless
§ 121.593 Dispatching authority: Do- he is thoroughly familiar with reported
mestic operations. and forecast weather conditions on the
route to be flown.
Except when an airplane lands at an
intermediate airport specified in the [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–253, 61 FR 2614, Jan.
original dispatch release and remains
26, 1996]
there for not more than one hour, no
person may start a flight unless an air- § 121.601 Aircraft dispatcher informa-
craft dispatcher specifically authorizes tion to pilot in command: Domestic
spaschal on DSKJM0X7X2PROD with CFR

that flight. and flag operations.


(a) The aircraft dispatcher shall pro-
vide the pilot in command all available

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Federal Aviation Administration, DOT § 121.613

current reports or information on air- for the approval of that route or seg-
port conditions and irregularities of ment are in satisfactory operating con-
navigation facilities that may affect dition.
the safety of the flight. (b) If, because of technical reasons or
(b) Before beginning a flight, the air- other reasons beyond the control of a
craft dispatcher shall provide the pilot certificate holder conducting flag oper-
in command with all available weather ations, the facilities required by
reports and forecasts of weather phe- §§ 121.99 and 121.103 are not available
nomena that may affect the safety of over a route or route segment outside
flight, including adverse weather phe- the United States, the certificate hold-
nomena, such as clear air turbulence, er may dispatch an airplane over that
thunderstorms, and low altitude wind route or route segment if the pilot in
shear, for each route to be flown and command and dispatcher find that
each airport to be used. communication and navigation facili-
(c) During a flight, the aircraft dis- ties equal to those required are avail-
patcher shall provide the pilot in com- able and are in satisfactory operating
mand any additional available infor- condition.
mation of meteorological conditions
(including adverse weather phenomena, [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
such as clear air turbulence, thunder- amended by Amdt. 121–253, 61 FR 2614, Jan.
storms, and low altitude wind shear), 26, 1996]
and irregularities of facilities and serv-
ices that may affect the safety of the § 121.609 Communication and naviga-
flight. tion facilities: Supplemental oper-
ations.
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–134, 42 FR 27573, May
No person may release an aircraft
31, 1977; Amdt. 121–144, 43 FR 22649, May 25, over any route or route segment unless
1978; Amdt. 121–253, 61 FR 2614, Jan. 26, 1996] communication and navigation facili-
ties equal to those required by § 121.121
§ 121.603 Facilities and services: Sup- are in satisfactory operating condition.
plemental operations.
(a) Before beginning a flight, each § 121.611 Dispatch or flight release
pilot in command shall obtain all under VFR.
available current reports or informa- No person may dispatch or release an
tion on airport conditions and irreg- aircraft for VFR operation unless the
ularities of navigation facilities that ceiling and visibility en route, as indi-
may affect the safety of the flight. cated by available weather reports or
(b) During a flight, the pilot in com- forecasts, or any combination thereof,
mand shall obtain any additional avail- are and will remain at or above appli-
able information of meteorological cable VFR minimums until the aircraft
conditions and irregularities of facili- arrives at the airport or airports speci-
ties and services that may affect the fied in the dispatch or flight release.
safety of the flight.
§ 121.613 Dispatch or flight release
§ 121.605 Airplane equipment. under IFR or over the top.
No person may dispatch or release an Except as provided in § 121.615, no per-
airplane unless it is airworthy and is son may dispatch or release an aircraft
equipped as prescribed in § 121.303.
for operations under IFR or over-the-
§ 121.607 Communication and naviga- top, unless appropriate weather reports
tion facilities: Domestic and flag op- or forecasts, or any combination there-
erations. of, indicate that the weather condi-
(a) Except as provided in paragraph tions will be at or above the authorized
(b) of this section for a certificate hold- minimums at the estimated time of ar-
er conducting flag operations, no per- rival at the airport or airports to
son may dispatch an airplane over an which dispatched or released.
spaschal on DSKJM0X7X2PROD with CFR

approved route or route segment unless [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
the communication and navigation fa- amended by Amdt. 121–33, 32 FR 13912, Oct. 6,
cilities required by §§ 121.99 and 121.103 1967]

219

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§ 121.615 14 CFR Ch. I (1–1–21 Edition)

§ 121.615 Dispatch or flight release (b) For the purpose of paragraph (a)
over water: Flag and supplemental of this section, the alternate airport
operations. weather conditions must meet the re-
(a) No person may dispatch or release quirements of the certificate holder’s
an aircraft for a flight that involves ex- operations specifications.
tended overwater operation unless ap- (c) No person may dispatch or release
propriate weather reports or forecasts an aircraft from an airport unless he
or any combination thereof, indicate lists each required alternate airport in
that the weather conditions will be at the dispatch or flight release.
or above the authorized minimums at
§ 121.619 Alternate airport for destina-
the estimated time of arrival at any tion: IFR or over-the-top: Domestic
airport to which dispatched or released operations.
or to any required alternate airport.
(a) No person may dispatch an air-
(b) Each certificate holder con-
plane under IFR or over-the-top unless
ducting a flag or supplemental oper-
he lists at least one alternate airport
ation or a domestic operation within
for each destination airport in the dis-
the State of Alaska shall conduct ex-
patch release. When the weather condi-
tended overwater operations under IFR
tions forecast for the destination and
unless it shows that operating under
first alternate airport are marginal at
IFR is not necessary for safety.
least one additional alternate must be
(c) Each certificate holder con- designated. However, no alternate air-
ducting a flag or supplemental oper- port is required if for at least 1 hour
ation or a domestic operation within before and 1 hour after the estimated
the State of Alaska shall conduct other time of arrival at the destination air-
overwater operations under IFR if the port the appropriate weather reports or
Administrator determines that oper- forecasts, or any combination of them,
ation under IFR is necessary for safety. indicate—
(d) Each authorization to conduct ex- (1) The ceiling will be at least 2,000
tended overwater operations under feet above the airport elevation; and
VFR and each requirement to conduct (2) Visibility will be at least 3 miles.
other overwater operations under IFR (b) For the purposes of paragraph (a)
will be specified in the certificate hold- of this section, the weather conditions
er’s operations specifications. at the alternate airport must meet the
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as requirements of § 121.625.
amended by Amdt. 121–33, 32 FR 13912, Oct. 6, (c) No person may dispatch a flight
1967; Amdt. 121–253, 61 FR 2614, Jan. 26, 1996] unless he lists each required alternate
airport in the dispatch release.
§ 121.617 Alternate airport for depar-
ture. [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
amended by Amdt. 121–159, 45 FR 41594, June
(a) If the weather conditions at the 19, 1980]
airport of takeoff are below the landing
minimums in the certificate holder’s § 121.621 Alternate airport for destina-
operations specifications for that air- tion: Flag operations.
port, no person may dispatch or release (a) No person may dispatch an air-
an aircraft from that airport unless the plane under IFR or over-the-top unless
dispatch or flight release specifies an he lists at least one alternate airport
alternate airport located within the for each destination airport in the dis-
following distances from the airport of patch release, unless—
takeoff: (1) The flight is scheduled for not
(1) Aircraft having two engines. Not more than 6 hours and, for at least 1
more than one hour from the departure hour before and 1 hour after the esti-
airport at normal cruising speed in mated time of arrival at the destina-
still air with one engine inoperative. tion airport, the appropriate weather
(2) Aircraft having three or more en- reports or forecasts, or any combina-
gines. Not more than two hours from tion of them, indicate the ceiling will
spaschal on DSKJM0X7X2PROD with CFR

the departure airport at normal cruis- be:


ing speed in still air with one engine (i) At least 1,500 feet above the lowest
inoperative. circling MDA, if a circling approach is

220

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Federal Aviation Administration, DOT § 121.625

required and authorized for that air- (d) No person may release a flight un-
port; or less he lists each required alternate
(ii) At least 1,500 feet above the low- airport in the flight release.
est published instrument approach [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
minimum or 2,000 feet above the air- amended by Amdt. 121–253, 61 FR 2614, Jan.
port elevation, whichever is greater; 26, 1996]
and
(iii) The visibility at that airport will § 121.624 ETOPS Alternate Airports.
be at least 3 miles, or 2 miles more (a) No person may dispatch or release
than the lowest applicable visibility an airplane for an ETOPS flight unless
minimums, whichever is greater, for enough ETOPS Alternate Airports are
the instrument approach procedures to listed in the dispatch or flight release
be used at the destination airport; or such that the airplane remains within
(2) The flight is over a route approved the authorized ETOPS maximum diver-
without an available alternate airport sion time. In selecting these ETOPS
for a particular destination airport and Alternate Airports, the certificate
the airplane has enough fuel to meet holder must consider all adequate air-
the requirements of § 121.641(b) or ports within the authorized ETOPS di-
§ 121.645(c). version time for the flight that meet
(b) For the purposes of paragraph (a) the standards of this part.
of this section, the weather conditions (b) No person may list an airport as
at the alternate airport must meet the an ETOPS Alternate Airport in a dis-
requirements of the certificate holder’s patch or flight release unless, when it
operations specifications. might be used (from the earliest to the
(c) No person may dispatch a flight latest possible landing time)—
unless he lists each required alternate (1) The appropriate weather reports
airport in the dispatch release. or forecasts, or any combination there-
of, indicate that the weather condi-
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as tions will be at or above the ETOPS Al-
amended by Amdt. 121–159, 45 FR 41594, June ternate Airport minima specified in
19, 1980; Amdt. 121–253, 61 FR 2614, Jan. 26, the certificate holder’s operations
1996] specifications; and
§ 121.623 Alternate airport for destina- (2) The field condition reports indi-
tion: IFR or over-the-top: Supple- cate that a safe landing can be made.
mental operations. (c) Once a flight is en route, the
weather conditions at each ETOPS Al-
(a) Except as provided in paragraph ternate Airport must meet the require-
(b) of this section, each person releas- ments of § 121.631 (c).
ing an aircraft for operation under IFR (d) No person may list an airport as
or over-the-top shall list at least one an ETOPS Alternate Airport in the dis-
alternate airport for each destination patch or flight release unless that air-
airport in the flight release. port meets the public protection re-
(b) An alternate airport need not be quirements of § 121.97(b)(1)(ii).
designated for IFR or over-the-top op-
erations where the aircraft carries [Doc. No. FAA–2002–6717, 72 FR 1881, Jan. 16,
2007]
enough fuel to meet the requirements
of §§ 121.643 and 121.645 for flights out- § 121.625 Alternate Airport weather
side the 48 contiguous States and the minima.
District of Columbia over routes with-
Except as provided in § 121.624 for
out an available alternate airport for a
ETOPS Alternate Airports, no person
particular airport of destination.
may list an airport as an alternate in
(c) For the purposes of paragraph (a) the dispatch or flight release unless the
of this section, the weather require- appropriate weather reports or fore-
ments at the alternate airport must casts, or any combination thereof, indi-
spaschal on DSKJM0X7X2PROD with CFR

meet the requirements of the certifi- cate that the weather conditions will
cate holder’s operations specifications. be at or above the alternate weather
minima specified in the certificate

221

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§ 121.627 14 CFR Ch. I (1–1–21 Edition)

holder’s operations specifications for (i) Be prepared in accordance with


that airport when the flight arrives. the limitations specified in paragraph
[Doc. No. FAA–2002–6717, 72 FR 1881, Jan. 16, (b) of this section.
2007] (ii) Provide for the operation of the
airplane with certain instruments and
§ 121.627 Continuing flight in unsafe equipment in an inoperable condition.
conditions. (4) Records identifying the inoperable
(a) No pilot in command may allow a instruments and equipment and the in-
flight to continue toward any airport formation required by paragraph
to which it has been dispatched or re- (a)(3)(ii) of this section must be avail-
leased if, in the opinion of the pilot in able to the pilot.
command or dispatcher (domestic and (5) The airplane is operated under all
flag operations only), the flight cannot applicable conditions and limitations
be completed safely; unless, in the contained in the Minimum Equipment
opinion of the pilot in command, there List and the operations specifications
is no safer procedure. In that event, authorizing use of the Minimum Equip-
continuation toward that airport is an
ment List.
emergency situation as set forth in
§ 121.557. (b) The following instruments and
(b) If any instrument or item of equipment may not be included in the
equipment required under this chapter Minimum Equipment List:
for the particular operation becomes (1) Instruments and equipment that
inoperative en route, the pilot in com- are either specifically or otherwise re-
mand shall comply with the approved quired by the airworthiness require-
procedures for such an occurrence as ments under which the airplane is type
specified in the certificate holder’s certificated and which are essential for
manual. safe operations under all operating
conditions.
[Doc. No. 6258, 29 FR 1922, Dec. 31, 1964, as
amended by Amdt. 121–222, 56 FR 12310, Mar. (2) Instruments and equipment re-
22, 1991; Amdt. 121–253, 61 FR 2615, Jan. 26, quired by an airworthiness directive to
1996] be in operable condition unless the air-
worthiness directive provides other-
§ 121.628 Inoperable instruments and wise.
equipment.
(3) Instruments and equipment re-
(a) No person may take off an air- quired for specific operations by this
plane with inoperable instruments or part.
equipment installed unless the fol- (c) Notwithstanding paragraphs (b)(1)
lowing conditions are met: and (b)(3) of this section, an airplane
(1) An approved Minimum Equipment with inoperable instruments or equip-
List exists for that airplane. ment may be operated under a special
(2) The responsible Flight Standards flight permit under §§ 21.197 and 21.199
office has issued the certificate holder of this chapter.
operations specifications authorizing
operations in accordance with an ap- [Doc. No. 25780, 56 FR 12310, Mar. 22, 1991;
proved Minimum Equipment List. The Amdt. 121–222, 56 FR 14290, Apr. 8, 1991; Amdt.
flight crew shall have direct access at 121–253, 61 FR 2615, Jan. 26, 1996; Docket
all times prior to flight to all of the in- FAA–2018–0119, Amdt. 121–380, 83 FR 9172,
formation contained in the approved Mar. 5, 2018]
Minimum Equipment List through
§ 121.629 Operation in icing condi-
printed or other means approved by the tions.
Administrator in the certificate hold-
ers operations specifications. An ap- (a) No person may dispatch or release
proved Minimum Equipment List, as an aircraft, continue to operate an air-
authorized by the operations specifica- craft en route, or land an aircraft when
tions, constitutes an approved change in the opinion of the pilot in command
to the type design without requiring or aircraft dispatcher (domestic and
spaschal on DSKJM0X7X2PROD with CFR

recertification. flag operations only), icing conditions


(3) The approved Minimum Equip- are expected or met that might ad-
ment List must: versely affect the safety of the flight.

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Federal Aviation Administration, DOT § 121.629

(b) No person may take off an air- (iv) Aircraft surface contamination
craft when frost, ice, or snow is adher- (i.e., adherence of frost, ice, or snow)
ing to the wings, control surfaces, pro- and critical area identification, and
pellers, engine inlets, or other critical how contamination adversely affects
surfaces of the aircraft or when the aircraft performance and flight charac-
takeoff would not be in compliance teristics.
with paragraph (c) of this section. (v) Types and characteristics of deic-
Takeoffs with frost under the wing in ing/anti-icing fluids.
the area of the fuel tanks may be au- (vi) Cold weather preflight inspection
thorized by the Administrator. procedures;
(c) Except as provided in paragraph (vii) Techniques for recognizing con-
(d) of this section, no person may dis- tamination on the aircraft.
patch, release, or take off an aircraft (3) The certificate holder’s holdover
any time conditions are such that timetables and the procedures for the
frost, ice, or snow may reasonably be use of these tables by the certificate
expected to adhere to the aircraft, un- holder’s personnel. Holdover time is
less the certificate holder has an ap- the estimated time deicing/anti-icing
proved ground deicing/anti-icing pro- fluid will prevent the formation of
gram in its operations specifications frost or ice and the accumulation of
and unless the dispatch, release, and snow on the protected surfaces of an
takeoff comply with that program. The aircraft. Holdover time begins when
approved ground deicing/anti-icing pro- the final application of deicing/anti-
gram must include at least the fol- icing fluid commences and expires
lowing items: when the deicing/anti-icing fluid ap-
(1) A detailed description of— plied to the aircraft loses its effective-
(i) How the certificate holder deter- ness. The holdover times must be sup-
mines that conditions are such that ported by data acceptable to the Ad-
frost, ice, or snow may reasonably be ministrator. The certificate holder’s
expected to adhere to the aircraft and program must include procedures for
that ground deicing/anti-icing oper- flight crewmembers to increase or de-
ational procedures must be in effect; crease the determined holdover time in
(ii) Who is responsible for deciding changing conditions. The program
that ground deicing/anti-icing oper- must provide that takeoff after exceed-
ational procedures must be in effect; ing any maximum holdover time in the
(iii) The procedures for implementing certificate holder’s holdover timetable
ground deicing/anti-icing operational is permitted only when at least one of
procedures; the following conditions exists:
(iv) The specific duties and respon- (i) A pretakeoff contamination
sibilities of each operational position check, as defined in paragraph (c)(4) of
or group responsible for getting the this section, determines that the
aircraft safely airborne while ground wings, control surfaces, and other crit-
deicing/anti-icing operational proce- ical surfaces, as defined in the certifi-
dures are in effect. cate holder’s program, are free of frost,
(2) Initial and annual recurrent ice, or snow.
ground training and testing for flight (ii) It is otherwise determined by an
crewmembers and qualification for all alternate procedure approved by the
other affected personnel (e.g., aircraft Administrator in accordance with the
dispatchers, ground crews, contract certificate holder’s approved program
personnel) concerning the specific re- that the wings, control surfaces, and
quirements of the approved program other critical surfaces, as defined in
and each person’s responsibilities and the certificate holder’s program, are
duties under the approved program, free of frost, ice, or snow.
specifically covering the following (iii) The wings, control surfaces, and
areas: other critical surfaces are redeiced and
(i) The use of holdover times. a new holdover time is determined.
(ii) Aircraft deicing/anti-icing proce- (4) Aircraft deicing/anti-icing proce-
spaschal on DSKJM0X7X2PROD with CFR

dures, including inspection and check dures and responsibilities, pretakeoff


procedures and responsibilities. check procedures and responsibilities,
(iii) Communications procedures. and pretakeoff contamination check

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§ 121.631 14 CFR Ch. I (1–1–21 Edition)

procedures and responsibilities. A pre- (c) No person may allow a flight to


takeoff check is a check of the air- continue beyond the ETOPS Entry
craft’s wings or representative aircraft Point unless—
surfaces for frost, ice, or snow within (1) Except as provided in paragraph
the aircraft’s holdover time. A pre- (d) of this section, the weather condi-
takeoff contamination check is a check tions at each ETOPS Alternate Airport
to make sure the wings, control sur- required by § 121.624 are forecast to be
faces, and other critical surfaces, as de- at or above the operating minima for
fined in the certificate holder’s pro- that airport in the certificate holder’s
gram, are free of frost, ice, and snow. It operations specifications when it
must be conducted within five minutes might be used (from the earliest to the
prior to beginning take off. This check latest possible landing time); and
must be accomplished from outside the (2) All ETOPS Alternate Airports
aircraft unless the program specifies within the authorized ETOPS max-
otherwise. imum diversion time are reviewed and
(d) A certificate holder may continue the flight crew advised of any changes
to operate under this section without a in conditions that have occurred since
program as required in paragraph (c) of dispatch.
this section, if it includes in its oper- (d) If paragraph (c)(1) of this section
ations specifications a requirement cannot be met for a specific airport,
that, any time conditions are such that the dispatch or flight release may be
frost, ice, or snow may reasonably be amended to add an ETOPS Alternate
expected to adhere to the aircraft, no Airport within the maximum ETOPS
aircraft will take off unless it has been diversion time that could be authorized
checked to ensure that the wings, con- for that flight with weather conditions
trol surfaces, and other critical sur- at or above operating minima.
faces are free of frost, ice, and snow.
(e) Before the ETOPS Entry Point,
The check must occur within five min-
the pilot in command for a supple-
utes prior to beginning takeoff. This
mental operator or a dispatcher for a
check must be accomplished from out-
flag operator must use company com-
side the aircraft.
munications to update the flight plan
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as if needed because of a re-evaluation of
amended by Amdt. 121–231, 57 FR 44942, Sept. aircraft system capabilities.
29, 1992; Amdt. 121–253, 61 FR 2615, Jan. 26, (f) No person may change an original
1996]
destination or alternate airport that is
§ 121.631 Original dispatch or flight re- specified in the original dispatch or
lease, redispatch or amendment of flight release to another airport while
dispatch or flight release. the aircraft is en route unless the other
airport is authorized for that type of
(a) A certificate holder may specify
aircraft and the appropriate require-
any regular, provisional, or refueling
ments of §§ 121.593 through 121.661 and
airport, authorized for the type of air-
121.173 are met at the time of redis-
craft, as a destination for the purpose
patch or amendment of the flight re-
of original dispatch or release.
lease.
(b) No person may allow a flight to
continue to an airport to which it has (g) Each person who amends a dis-
been dispatched or released unless the patch or flight release en route shall
weather conditions at an alternate air- record that amendment.
port that was specified in the dispatch [Doc. No. 628, 29 FR 19222, Dec. 31, 1964, as
or flight release are forecast to be at or amended by Amdt. 121–65, 35 FR 12709, Aug.
above the alternate minimums speci- 11, 1970; Amdt. 121–329, 72 FR 1881, Jan. 16,
fied in the operations specifications for 2007]
that airport at the time the aircraft
would arrive at the alternate airport. § 121.633 Considering time-limited sys-
However, the dispatch or flight release tems in planning ETOPS alternates.
may be amended en route to include (a) For ETOPS up to and including
spaschal on DSKJM0X7X2PROD with CFR

any alternate airport that is within the 180 minutes, no person may list an air-
fuel range of the aircraft as specified in port as an ETOPS Alternate Airport in
§§ 121.639 through 121.647. a dispatch or flight release if the time

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Federal Aviation Administration, DOT § 121.639

needed to fly to that airport (at the ap- § 121.637 Takeoffs from unlisted and
proved one-engine inoperative cruise alternate airports: Domestic and
speed under standard conditions in still flag operations.
air) would exceed the approved time for (a) No pilot may takeoff an airplane
the airplane’s most limiting ETOPS from an airport that is not listed in the
Significant System (including the air- operations specifications unless—
plane’s most limiting fire suppression (1) The airport and related facilities
system time for those cargo and bag- are adequate for the operation of the
gage compartments required by regula- airplane;
tion to have fire-suppression systems) (2) He can comply with the applicable
minus 15 minutes. airplane operating limitations;
(b) For ETOPS beyond 180 minutes, (3) The airplane has been dispatched
no person may list an airport as an according to dispatching rules applica-
ETOPS Alternate Airport in a dispatch ble to operation from an approved air-
or flight release if the time needed to port; and
fly to that airport: (4) The weather conditions at that
(1) at the all engine operating cruise airport are equal to or better than the
speed, corrected for wind and tempera- following:
ture, exceeds the airplane’s most lim- (i) Airports in the United States. The
weather minimums for takeoff pre-
iting fire suppression system time
scribed in part 97 of this chapter; or
minus 15 minutes for those cargo and
where minimums are not prescribed for
baggage compartments required by reg-
the airport, 800–2, 900–11⁄2, or 1,000–1.
ulation to have fire suppression sys-
(ii) Airports outside the United States.
tems (except as provided in paragraph The weather minimums for takeoff pre-
(c) of this section), or scribed or approved by the government
(2) at the one-engine-inoperative of the country in which the airport is
cruise speed, corrected for wind and located; or where minimums are not
temperature, exceeds the airplane’s prescribed or approved for the airport,
most limiting ETOPS Significant Sys- 800–2, 900–11⁄2, or 1,000–1.
tem time (other than the airplane’s (b) No pilot may take off from an al-
most limiting fire suppression system ternate airport unless the weather con-
time minus 15 minutes for those cargo ditions are at least equal to the mini-
and baggage compartments required by mums prescribed in the certificate
regulation to have fire-suppression sys- holder’s operations specifications for
tems). alternate airports.
(c) For turbine-engine powered air- [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
planes with more than two engines, the amended by Amdt. 121–33, 32 FR 13912, Oct. 6,
certificate holder need not meet para- 1967; Amdt. 121–253, 61 FR 2615, Jan. 26, 1996]
graph (b)(1) of this section until Feb-
ruary 15, 2013. § 121.639 Fuel supply: All domestic op-
erations.
[Doc. No. FAA–2002–6717, 72 FR 1882, Jan. 16,
No person may dispatch or take off
2007]
an airplane unless it has enough fuel—
§ 121.635 Dispatch to and from refuel- (a) To fly to the airport to which it is
ing or provisional airports: Domes- dispatched;
tic and flag operations. (b) Thereafter, to fly to and land at
the most distant alternate airport
No person may dispatch an airplane (where required) for the airport to
to or from a refueling or provisional which dispatched; and
airport except in accordance with the (c) Thereafter, to fly for 45 minutes
requirements of this part applicable to at normal cruising fuel consumption
dispatch from regular airports and un- or, for certificate holders who are au-
less that airport meets the require- thorized to conduct day VFR oper-
ments of this part applicable to regular ations in their operations specifica-
spaschal on DSKJM0X7X2PROD with CFR

airports. tions and who are operating non-


[Doc. No. 16383, 43 FR 22649, May 25, 1978] transport category airplanes type cer-
tificated after December 31, 1964, to fly

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§ 121.641 14 CFR Ch. I (1–1–21 Edition)

for 30 minutes at normal cruising fuel tificated after December 31, 1964, to fly
consumption for day VFR operations. for 30 minutes at normal cruising fuel
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
consumption for day VFR operations.
amended by Amdt. 121–251, 60 FR 65935, Dec. (b) If the airplane is released for any
20, 1995] flight other than from one point in the
contiguous United States to another
§ 121.641 Fuel supply: Nonturbine and point in the contiguous United States,
turbo-propeller-powered airplanes: it must carry enough fuel to meet the
Flag operations. requirements of paragraphs (a) (1) and
(a) No person may dispatch or take (2) of this section and thereafter fly for
off a nonturbine or turbo-propeller- 30 minutes plus 15 percent of the total
powered airplane unless, considering time required to fly at normal cruising
the wind and other weather conditions fuel consumption to the airports speci-
expected, it has enough fuel— fied in paragraphs (a) (1) and (2) of this
(1) To fly to and land at the airport section, or to fly for 90 minutes at nor-
to which it is dispatched; mal cruising fuel consumption, which-
(2) Thereafter, to fly to and land at ever is less.
the most distant alternate airport (c) No person may release a nontur-
specified in the dispatch release; and bine or turbo-propeller-powered air-
(3) Thereafter, to fly for 30 minutes plane to an airport for which an alter-
plus 15 percent of the total time re- nate is not specified under § 121.623(b),
quired to fly at normal cruising fuel unless it has enough fuel, considering
consumption to the airports specified wind and other weather conditions ex-
in paragraphs (a) (1) and (2) of this sec- pected, to fly to that airport and there-
tion or to fly for 90 minutes at normal after to fly for three hours at normal
cruising fuel consumption, whichever cruising fuel consumption.
is less.
(b) No person may dispatch a nontur- [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
bine or turbo-propeller-powered air- amended by Amdt. 121–10, 30 FR 10025, Aug.
plane to an airport for which an alter- 12, 1965; Amdt. 121–251, 60 FR 65935, Dec. 20,
1995]
nate is not specified under
§ 121.621(a)(2), unless it has enough fuel, § 121.645 Fuel supply: Turbine-engine
considering wind and forecast weather powered airplanes, other than
conditions, to fly to that airport and turbo propeller: Flag and supple-
thereafter to fly for three hours at nor- mental operations.
mal cruising fuel consumption.
(a) Any flag operation within the 48
§ 121.643 Fuel supply: Nonturbine and contiguous United States and the Dis-
turbo-propeller-powered airplanes: trict of Columbia may use the fuel re-
Supplemental operations. quirements of § 121.639.
(a) Except as provided in paragraph (b) For any certificate holder con-
(b) of this section, no person may re- ducting flag or supplemental oper-
lease for flight or takeoff a nonturbine ations outside the 48 contiguous United
or turbo-propeller-powered airplane un- States and the District of Columbia,
less, considering the wind and other unless authorized by the Administrator
weather conditions expected, it has in the operations specifications, no per-
enough fuel— son may release for flight or takeoff a
(1) To fly to and land at the airport turbine-engine powered airplane (other
to which it is released; than a turbo-propeller powered air-
(2) Thereafter, to fly to and land at plane) unless, considering wind and
the most distant alternate airport other weather conditions expected, it
specified in the flight release; and has enough fuel—
(3) Thereafter, to fly for 45 minutes (1) To fly to and land at the airport
at normal cruising fuel consumption to which it is released;
or, for certificate holders who are au- (2) After that, to fly for a period of 10
thorized to conduct day VFR oper- percent of the total time required to
spaschal on DSKJM0X7X2PROD with CFR

ations in their operations specifica- fly from the airport of departure to,
tions and who are operating non- and land at, the airport to which it was
transport category airplanes type cer- released;

226

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Federal Aviation Administration, DOT § 121.646

(3) After that, to fly to and land at (3) The airplane has enough fuel to
the most distant alternate airport hold for 15 minutes at 1500 feet above
specified in the flight release, if an al- field elevation and conduct a normal
ternate is required; and approach and landing.
(4) After that, to fly for 30 minutes at (b) No person may dispatch or release
holding speed at 1,500 feet above the al- for flight an ETOPS flight unless, con-
ternate airport (or the destination air- sidering wind and other weather condi-
port if no alternate is required) under tions expected, it has the fuel other-
standard temperature conditions. wise required by this part and enough
(c) No person may release a turbine- fuel to satisfy each of the following re-
engine powered airplane (other than a quirements:
turbo-propeller airplane) to an airport (1) Fuel to fly to an ETOPS Alternate
for which an alternate is not specified Airport.
under § 121.621(a)(2) or § 121.623(b) unless (i) Fuel to account for rapid decom-
it has enough fuel, considering wind pression and engine failure. The air-
and other weather conditions expected, plane must carry the greater of the fol-
to fly to that airport and thereafter to lowing amounts of fuel:
fly for at least two hours at normal (A) Fuel sufficient to fly to an
cruising fuel consumption. ETOPS Alternate Airport assuming a
(d) The Administrator may amend rapid decompression at the most crit-
the operations specifications of a cer- ical point followed by descent to a safe
tificate holder conducting flag or sup- altitude in compliance with the oxygen
plemental operations to require more supply requirements of § 121.333 of this
fuel than any of the minimums stated chapter;
in paragraph (a) or (b) of this section if (B) Fuel sufficient to fly to an
he finds that additional fuel is nec- ETOPS Alternate Airport (at the one-
essary on a particular route in the in- engine-inoperative cruise speed) as-
terest of safety. suming a rapid decompression and a si-
(e) For a supplemental operation multaneous engine failure at the most
within the 48 contiguous States and critical point followed by descent to a
the District of Columbia with a turbine safe altitude in compliance with the
engine powered airplane the fuel re- oxygen requirements of § 121.333 of this
quirements of § 121.643 apply. chapter; or
[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as (C) Fuel sufficient to fly to an
amended by Amdt. 121–10, 30 FR 10025, Aug. ETOPS Alternate Airport (at the one
12, 1965; Amdt. 121–144, 43 FR 22649, May 25, engine inoperative cruise speed) assum-
1978; Amdt. 121–253, 61 FR 2615, Jan. 26, 1996] ing an engine failure at the most crit-
ical point followed by descent to the
§ 121.646 En-route fuel supply: flag and one engine inoperative cruise altitude.
supplemental operations. (ii) Fuel to account for errors in wind
(a) No person may dispatch or release forecasting. In calculating the amount
for flight a turbine-engine powered air- of fuel required by paragraph (b)(1)(i) of
plane with more than two engines for a this section, the certificate holder
flight more than 90 minutes (with all must increase the actual forecast wind
engines operating at cruise power) speed by 5% (resulting in an increase in
from an Adequate Airport unless the headwind or a decrease in tailwind) to
following fuel supply requirements are account for any potential errors in
met: wind forecasting. If a certificate holder
(1) The airplane has enough fuel to is not using the actual forecast wind
meet the requirements of § 121.645(b); based on a wind model accepted by the
(2) The airplane has enough fuel to FAA, the airplane must carry addi-
fly to the Adequate Airport— tional fuel equal to 5% of the fuel re-
(i) Assuming a rapid decompression quired for paragraph (b)(1)(i) of this
at the most critical point; section, as reserve fuel to allow for er-
(ii) Assuming a descent to a safe alti- rors in wind data.
tude in compliance with the oxygen (iii) Fuel to account for icing. In cal-
spaschal on DSKJM0X7X2PROD with CFR

supply requirements of § 121.333; and culating the amount of fuel required by


(iii) Considering expected wind and paragraph (b)(1)(i) of this section (after
other weather conditions. completing the wind calculation in

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§ 121.647 14 CFR Ch. I (1–1–21 Edition)

paragraph (b)(1)(ii) of this section), the § 121.649 Takeoff and landing weather
certificate holder must ensure that the minimums: VFR: Domestic oper-
airplane carries the greater of the fol- ations.
lowing amounts of fuel in anticipation (a) Except as provided in paragraph
of possible icing during the diversion: (b) of this section, regardless of any
(A) Fuel that would be burned as a clearance from ATC, no pilot may
result of airframe icing during 10 per- takeoff or land an airplane under VFR
cent of the time icing is forecast (in- when the reported ceiling or visibility
cluding the fuel used by engine and is less than the following:
wing anti-ice during this period). (1) For day operations—1,000-foot
(B) Fuel that would be used for en- ceiling and one-mile visibility.
gine anti-ice, and if appropriate wing (2) For night operations—1,000-foot
anti-ice, for the entire time during ceiling and two-mile visibility.
which icing is forecast. (b) Where a local surface restriction
(iv) Fuel to account for engine dete- to visibility exists (e.g., smoke, dust,
rioration. In calculating the amount of blowing snow or sand) the visibility for
fuel required by paragraph (b)(1)(i) of day and night operations may be re-
this section (after completing the wind duced to 1⁄2 mile, if all turns after take-
calculation in paragraph (b)(1)(ii) of off and prior to landing, and all flight
this section), the airplane also carries beyond one mile from the airport
fuel equal to 5% of the fuel specified boundary can be accomplished above or
above, to account for deterioration in outside the area of local surface visi-
cruise fuel burn performance unless the bility restriction.
certificate holder has a program to (c) The weather minimums in this
monitor airplane in-service deteriora- section do not apply to the VFR oper-
tion to cruise fuel burn performance. ation of fixed-wing aircraft at any of
(2) Fuel to account for holding, ap- the locations where the special weather
proach, and landing. In addition to the
minimums of § 91.157 of this chapter are
fuel required by paragraph (b)(1) of this
not applicable (See part 91, appendix D,
section, the airplane must carry fuel
section 3 of this chapter). The basic
sufficient to hold at 1500 feet above
VFR weather minimums of § 91.155 of
field elevation for 15 minutes upon
this chapter apply at those locations.
reaching an ETOPS Alternate Airport
and then conduct an instrument ap- [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
proach and land. amended by Amdt. 121–39, 33 FR 4097, Mar. 2,
(3) Fuel to account for APU use. If an 1968; Amdt. 121–206, 54 FR 34331, Aug. 18, 1989;
APU is a required power source, the Amdt. 121–226, 56 FR 65663, Dec. 17, 1991]
certificate holder must account for its § 121.651 Takeoff and landing weather
fuel consumption during the appro- minimums: IFR: All certificate hold-
priate phases of flight. ers.
[Doc. No. FAA–2002–6717, 72 FR 1882, Jan. 16, (a) Notwithstanding any clearance
2007, as amended by Amdt. 121–348, 75 FR from ATC, no pilot may begin a takeoff
12121, Mar. 15, 2010] in an airplane under IFR when the
§ 121.647 Factors for computing fuel weather conditions reported by the
required. U.S. National Weather Service, a
source approved by that Service, or a
Each person computing fuel required source approved by the Administrator,
for the purposes of this subpart shall are less than those specified in—
consider the following: (1) The certificate holder’s operations
(a) Wind and other weather condi- specifications; or
tions forecast. (2) Parts 91 and 97 of this chapter, if
(b) Anticipated traffic delays. the certificate holder’s operations
(c) One instrument approach and pos- specifications do not specify takeoff
sible missed approach at destination. minimums for the airport.
(d) Any other conditions that may (b) Except as provided in paragraphs
delay landing of the aircraft. (d) and (e) of this section, no pilot may
spaschal on DSKJM0X7X2PROD with CFR

For the purposes of this section, re- continue an approach past the final ap-
quired fuel is in addition to unusable proach fix, or where a final approach
fuel. fix is not used, begin the final approach

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Federal Aviation Administration, DOT § 121.651

segment of an instrument approach vation using the approach lights as a


procedure— reference unless the red terminating
(1) At any airport, unless the U.S. bars or the red side row bars are also
National Weather Service, a source ap- distinctly visible and identifiable.
proved by that Service, or a source ap- (ii) The threshold.
proved by the Administrator, issues a (iii) The threshold markings.
weather report for that airport; and (iv) The threshold lights.
(2) At airports within the United (v) The runway end identifier lights.
States and its territories or at U.S.
(vi) The visual approach slope indi-
military airports, unless the latest
cator.
weather report for that airport issued
by the U.S. National Weather Service, (vii) The touchdown zone or touch-
a source approved by that Service, or a down zone markings.
source approved by the Administrator, (viii) The touchdown zone lights.
reports the visibility to be equal to or (ix) The runway or runway markings.
more than the visibility minimums (x) The runway lights; and
prescribed for that procedure. For the (4) When the aircraft is on a straight-
purpose of this section, the term ‘‘U.S. in nonprecision approach procedure
military airports’’ means airports in which incorporates a visual descent
foreign countries where flight oper- point, the aircraft has reached the vis-
ations are under the control of U.S. ual descent point, except where the air-
military authority. craft is not equipped for or capable of
(c) A pilot who has begun the final establishing that point, or a descent to
approach segment of an instrument ap- the runway cannot be made using nor-
proach procedure in accordance with mal procedures or rates of descent if
paragraph (b) of this section, and after descent is delayed until reaching that
that receives a later weather report in- point.
dicating below-minimum conditions, (d) A pilot may begin the final ap-
may continue the approach to DA/DH proach segment of an instrument ap-
or MDA. Upon reaching DA/DH or at proach procedure other than a Cat-
MDA, and at any time before the egory II or Category III procedure at
missed approach point, the pilot may an airport when the visibility is less
continue the approach below DA/DH or than the visibility minimums pre-
MDA if either the requirements of scribed for that procedure if the airport
§ 91.176 of this chapter, or the following
is served by an operative ILS and an
requirements are met:
operative PAR, and both are used by
(1) The aircraft is continuously in a
the pilot. However, no pilot may con-
position from which a descent to a
tinue an approach below the authorized
landing on the intended runway can be
DA/DH unless the requirements of
made at a normal rate of descent using
normal maneuvers, and where that de- § 91.176 of this chapter, or the following
scent rate will allow touchdown to requirements are met:
occur within the touchdown zone of the (1) The aircraft is continuously in a
runway of intended landing; position from which a descent to a
(2) The flight visibility is not less landing on the intended runway can be
than the visibility prescribed in the made at a normal rate of descent using
standard instrument approach proce- normal maneuvers and where such a
dure being used; descent rate will allow touchdown to
(3) Except for Category II or Cat- occur within the touchdown zone of the
egory III approaches where any nec- runway of intended landing;
essary visual reference requirements (2) The flight visibility is not less
are specified by authorization of the than the visibility prescribed in the
Administrator, at least one of the fol- standard instrument approach proce-
lowing visual references for the in- dure being used; and
tended runway is distinctly visible and (3) Except for Category II or Cat-
identifiable to the pilot: egory III approaches where any nec-
spaschal on DSKJM0X7X2PROD with CFR

(i) The approach light system, except essary visual reference requirements
that the pilot may not descend below are specified by the authorization of
100 feet above the touchdown zone ele- the Administrator, at least one of the

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§ 121.652 14 CFR Ch. I (1–1–21 Edition)

following visual references for the in- § 121.652 Landing weather minimums:
tended runway is distinctly visible and IFR: All certificate holders.
identifiable to the pilot: (a) If the pilot in command of an air-
(i) The approach light system, except plane has not served 100 hours as pilot
that the pilot may not descend below in command in operations under this
100 feet above the touchdown zone ele- part in the type of airplane he is oper-
vation using the approach lights as a ating, the MDA or DA/DH and visi-
reference unless the red terminating bility landing minimums in the certifi-
bars or the red side row bars are also cate holder’s operations specification
distinctly visible and identifiable. for regular, provisional, or refueling
(ii) The threshold. airports are increased by 100 feet and
(iii) The threshold markings. one-half mile (or the RVR equivalent).
(iv) The threshold lights. The MDA or DA/DH and visibility
(v) The runway end identifier lights. minimums need not be increased above
(vi) The visual approach slope indi- those applicable to the airport when
cator. used as an alternate airport, but in no
(vii) The touchdown zone or touch- event may the landing minimums be
down zone markings. less than 300 and 1. However, a Pilot in
(viii) The touchdown zone lights. command employed by a certificate
(ix) The runway or runway markings. holder conducting operations in large
(x) The runway lights. aircraft under part 135 of this chapter,
(e) A pilot may begin the final ap- may credit flight time acquired in op-
proach segment of an instrument ap- erations conducted for that operator
proach procedure, or continue that ap- under part 91 in the same type airplane
proach procedure, at an airport when for up to 50 percent of the 100 hours of
the visibility is reported to be less than pilot in command experience required
the visibility minimums prescribed for by this paragraph.
that procedure if the pilot uses an op- (b) The 100 hours of pilot in command
erable EFVS in accordance with § 91.176 experience required by paragraph (a) of
of this chapter and the certificate hold- this section may be reduced (not to ex-
er’s operations specifications for EFVS ceed 50 percent) by substituting one
operations. landing in operations under this part in
(f) For the purpose of this section, the type of airplane for 1 required hour
the final approach segment begins at of pilot in command experience, if the
the final approach fix or facility pre- pilot has at least 100 hours as pilot in
scribed in the instrument approach command of another type airplane in
procedure. When a final approach fix is operations under this part.
not prescribed for a procedure that in- (c) Category II minimums and the
cludes a procedure turn, the final ap- sliding scale when authorized in the
proach segment begins at the point certificate holder’s operations speci-
where the procedure turn is completed fications do not apply until the pilot in
and the aircraft is established inbound command subject to paragraph (a) of
toward the airport on the final ap- this section meets the requirements of
proach course within the distance pre- that paragraph in the type of airplane
scribed in the procedure. he is operating.
(g) Unless otherwise authorized in
the certificate holder’s operations [Doc. No. 7594, 33 FR 10843, July 31, 1968, as
amended by Amdt. 121–143, 43 FR 22642, May
specifications, each pilot making an 25, 1978; Amdt. 121–253, 61 FR 2615, Jan. 26,
IFR takeoff, approach, or landing at a 1996; Amdt. 121–333, 72 FR 31682, June 7, 2007]
foreign airport shall comply with the
applicable instrument approach proce- § 121.653 [Reserved]
dures and weather minimums pre-
scribed by the authority having juris- § 121.655 Applicability of reported
diction over the airport. weather minimums.
In conducting operations under
[Doc. No. 20060, 46 FR 2291, Jan. 8, 1981, as
amended by Amdt. 121–303, 69 FR 1641, Jan. 9, §§ 121.649 through 121.653, the ceiling
spaschal on DSKJM0X7X2PROD with CFR

2004; Amdt. 121–333, 72 FR 31682, June 7, 2007; and visibility values in the main body
Docket FAA–2013–0485, Amdt. 121–376, 81 FR of the latest weather report control for
90175, Dec. 13, 2016] VFR and IFR takeoffs and landings and

230

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Federal Aviation Administration, DOT § 121.661

for instrument approach procedures on may conduct day over-the-top oper-


all runways of an airport. However, if ations in an airplane at flight altitudes
the latest weather report, including an lower than the minimum en route IFR
oral report from the control tower, altitudes if—
contains a visibility value specified as (1) The operation is conducted at
runway visibility or runway visual least 1,000 feet above the top of lower
range for a particular runway of an air- broken or overcast cloud cover;
port, that specified value controls for (2) The top of the lower cloud cover is
VFR and IFR landings and takeoffs and generally uniform and level;
straight-in instrument approaches for (3) Flight visibility is at least five
that runway. miles; and
§ 121.657 Flight altitude rules. (4) The base of any higher broken or
overcast cloud cover is generally uni-
(a) General. Notwithstanding § 91.119 form and level and is at least 1,000 feet
or any rule applicable outside the above the minimum en route IFR alti-
United States, no person may operate tude for that route segment.
an aircraft below the minimums set
forth in paragraphs (b) and (c) of this [Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as
section, except when necessary for amended by Amdt. 121–144, 43 FR 22649, May
takeoff or landing, or except when, 25, 1978; Amdt. 121–206, 54 FR 34331, Aug. 18,
1989; Amdt. 121–253, 61 FR 2615, Jan. 26, 1996]
after considering the character of the
terrain, the quality and quantity of
§ 121.659 Initial approach altitude: Do-
meteorological services, the naviga- mestic and supplemental oper-
tional facilities available, and other ations.
flight conditions, the Administrator
prescribes other minimums for any (a) Except as provided in paragraph
route or part of a route where he finds (b) of this section, when making an ini-
that the safe conduct of the flight re- tial approach to a radio navigation fa-
quires other altitudes. Outside of the cility under IFR, no person may de-
United States the minimums pre- scend an aircraft below the pertinent
scribed in this section are controlling minimum altitude for initial approach
unless higher minimums are prescribed (as specified in the instrument ap-
in the certificate holder’s operations proach procedure for that facility)
specifications or by the foreign country until his arrival over that facility has
over which the aircraft is operating. been definitely established.
(b) Day VFR operations. No certificate (b) When making an initial approach
holder conducting domestic operations on a flight being conducted under
may operate a passenger-carrying air- § 121.657(d), no pilot may commence an
craft and no certificate holder con- instrument approach until his arrival
ducting flag or supplemental oper- over the radio facility has definitely
ations may operate any aircraft under been established. In making an instru-
VFR during the day at an altitude less ment approach under these cir-
than 1,000 feet above the surface or less cumstances no person may descend an
than 1,000 feet from any mountain, hill, aircraft lower than 1,000 feet above the
or other obstruction to flight. top of the lower cloud or the minimum
(c) Night VFR, IFR, and over-the-top altitude determined by the Adminis-
operations. No person may operate an trator for that part of the IFR ap-
aircraft under IFR including over-the- proach, whichever is lower.
top or at night under VFR at an alti-
tude less than 1,000 feet above the high- § 121.661 Initial approach altitude:
Flag operations.
est obstacle within a horizontal dis-
tance of five miles from the center of When making an initial approach to
the intended course, or, in designated a radio navigation facility under IFR,
mountainous areas, less than 2,000 feet no person may descend below the perti-
above the highest obstacle within a nent minimum altitude for initial ap-
horizontal distance of five miles from proach (as specified in the instrument
spaschal on DSKJM0X7X2PROD with CFR

the center of the intended course. approach procedure for that facility)
(d) Day over-the-top operations below until his arrival over that facility has
minimum en route altitudes. A person been definitely established.

231

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§ 121.663 14 CFR Ch. I (1–1–21 Edition)

§ 121.663 Responsibility for dispatch Subpart V—Records and Reports


release: Domestic and flag oper-
ations.
SOURCE: Docket No. 6258, 29 FR 19226, Dec.
Each certificate holder conducting 31, 1964, unless otherwise noted.
domestic or flag operations shall pre-
pare a dispatch release for each flight § 121.681 Applicability.
between specified points, based on in- This subpart prescribes requirements
formation furnished by an authorized for the preparation and maintenance of
aircraft dispatcher. The pilot in com- records and reports for all certificate
mand and an authorized aircraft dis- holders.
patcher shall sign the release only if
they both believe that the flight can be § 121.683 Crewmember and dispatcher
made with safety. The aircraft dis- record.
patcher may delegate authority to sign (a) Each certificate holder shall—
a release for a particular flight, but he
(1) Maintain current records of each
may not delegate his authority to dis-
crewmember and each aircraft dis-
patch.
patcher (domestic and flag operations
[Doc. No. 28154, 61 FR 2615, Jan. 26, 1996] only) that show whether the crew-
member or aircraft dispatcher complies
§ 121.665 Load manifest. with the applicable sections of this
Each certificate holder is responsible chapter, including, but not limited to,
for the preparation and accuracy of a proficiency and route checks, airplane
load manifest form before each takeoff. and route qualifications, training, any
The form must be prepared and signed required physical examinations, flight,
for each flight by employees of the cer- duty, and rest time records; and
tificate holder who have the duty of su- (2) Record each action taken con-
pervising the loading of aircraft and cerning the release from employment
preparing the load manifest forms or or physical or professional disqualifica-
by other qualified persons authorized tion of any flight crewmember or air-
by the certificate holder. craft dispatcher (domestic and flag op-
erations only) and keep the record for
§ 121.667 Flight plan: VFR and IFR: at least six months thereafter.
Supplemental operations. (b) Each certificate holder con-
(a) No person may take off an air- ducting supplemental operations shall
craft unless the pilot in command has maintain the records required by para-
filed a flight plan, containing the ap- graph (a) of this section at its principal
propriate information required by part base of operations, or at another loca-
91, with the nearest FAA communica- tion used by it and approved by the Ad-
tion station or appropriate military ministrator.
station or, when operating outside the (c) Computer record systems ap-
United States, with other appropriate proved by the Administrator may be
authority. However, if communications used in complying with the require-
facilities are not readily available, the ments of paragraph (a) of this section.
pilot in command shall file the flight
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
plan as soon as practicable after the amended by Amdt. 121–144, 43 FR 22649, May
aircraft is airborne. A flight plan must 25, 1978; Amdt. 121–241, 59 FR 42993, Aug. 19,
continue in effect for all parts of the 1994; Amdt. 121–253, 61 FR 2615, Jan. 26, 1996]
flight.
(b) When flights are operated into § 121.685 Aircraft record: Domestic
military airports, the arrival or com- and flag operations.
pletion notice required by §§ 91.153 and Each certificate holder conducting
91.169 may be filed with the appropriate domestic or flag operations shall main-
airport control tower or aeronautical tain a current list of each aircraft that
communication facility used for that it operates in scheduled air transpor-
airport. tation and shall send a copy of the
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 6258, 29 FR 19222, Dec. 31, 1964, as record and each change to the respon-
amended by Amdt. 121–206, 54 FR 34331, Aug. sible Flight Standards office. Airplanes
18, 1989] of another certificate holder operated

232

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Federal Aviation Administration, DOT § 121.693

under an interchange agreement may (6) Minimum fuel supply (in gallons
be incorporated by reference. or pounds).
[Doc. No. 28154, 61 FR 2615, Jan. 26, 1996, as (7) A statement of the type of oper-
amended by Docket FAA–2018–0119, Amdt. ation (e.g., IFR, VFR).
121–380, 83 FR 9172, Mar. 5, 2018] (8) For each flight released as an
ETOPS flight, the ETOPS diversion
§ 121.687 Dispatch release: Flag and time for which the flight is released.
domestic operations. (b) The aircraft flight release must
(a) The dispatch release may be in contain, or have attached to it, weath-
any form but must contain at least the er reports, available weather forecasts,
following information concerning each or a combination thereof, for the des-
flight: tination airport, and alternate air-
(1) Identification number of the air- ports, that are the latest available at
craft. the time the release is signed. It may
(2) Trip number. include any additional available weath-
(3) Departure airport, intermediate er reports or forecasts that the pilot in
stops, destination airports, and alter- command considers necessary or desir-
nate airports. able.
(4) A statement of the type of oper- (c) Each certificate holder con-
ation (e.g., IFR, VFR). ducting domestic or flag operations
(5) Minimum fuel supply. under the rules of this part applicable
(6) For each flight dispatched as an to supplemental operations shall com-
ETOPS flight, the ETOPS diversion ply with the dispatch or flight release
time for which the flight is dispatched. forms required for scheduled operations
(b) The dispatch release must con- under this subpart.
tain, or have attached to it, weather [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
reports, available weather forecasts, or amended by Amdt. 121–253, 61 FR 2615, Jan.
a combination thereof, for the destina- 26, 1996; Amdt. 121–329, 72 FR 1883, Jan. 16,
tion airport, intermediate stops, and 2007]
alternate airports, that are the latest
available at the time the release is § 121.691 [Reserved]
signed by the pilot in command and
dispatcher. It may include any addi- § 121.693 Load manifest: All certificate
tional available weather reports or holders.
forecasts that the pilot in command or The load manifest must contain the
the aircraft dispatcher considers nec- following information concerning the
essary or desirable. loading of the airplane at takeoff time:
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as (a) The weight of the aircraft, fuel
amended by Amdt. 121–329, 72 FR 1883, Jan. and oil, cargo and baggage, passengers
16, 2007] and crewmembers.
(b) The maximum allowable weight
§ 121.689 Flight release form: Supple- for that flight that must not exceed
mental operations. the least of the following weights:
(a) Except as provided in paragraph (1) Maximum allowable takeoff
(c) of this section, the flight release weight for the runway intended to be
may be in any form but must contain used (including corrections for altitude
at least the following information con- and gradient, and wind and tempera-
cerning each flight: ture conditions existing at the takeoff
(1) Company or organization name. time).
(2) Make, model, and registration (2) Maximum takeoff weight consid-
number of the aircraft being used. ering anticipated fuel and oil consump-
(3) Flight or trip number, and date of tion that allows compliance with appli-
flight. cable en route performance limita-
(4) Name of each flight crewmember, tions.
flight attendant, and pilot designated (3) Maximum takeoff weight consid-
spaschal on DSKJM0X7X2PROD with CFR

as pilot in command. ering anticipated fuel and oil consump-


(5) Departure airport, destination air- tion that allows compliance with the
ports, alternate airports, and route. maximum authorized design landing

233

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§ 121.695 14 CFR Ch. I (1–1–21 Edition)

weight limitations on arrival at the (c) Except as provided in paragraph


destination airport. (d) of this section, if a flight originates
(4) Maximum takeoff weight consid- at a place other than the certificate
ering anticipated fuel and oil consump- holder’s principal base of operations,
tion that allows compliance with land- the pilot in command (or another per-
ing distance limitations on arrival at son not aboard the airplane who is au-
the destination and alternate airports. thorized by the certificate holder)
(c) The total weight computed under shall, before or immediately after de-
approved procedures. parture of the flight, mail signed cop-
(d) Evidence that the aircraft is load- ies of the documents listed in para-
ed according to an approved schedule graph (a) of this section, to the prin-
that insures that the center of gravity cipal base of operations.
is within approved limits. (d) If a flight originates at a place
(e) Names of passengers, unless such other than the certificate holder’s prin-
information is maintained by other cipal base of operations, and there is at
means by the certificate holder. that place a person to manage the
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as flight departure for the certificate
amended by Amdt. 121–159, 45 FR 41595, June holder who does not himself or herself
19, 1980; Amdt. 121–253, 61 FR 2615, Jan. 26, depart on the airplane, signed copies of
1996] the documents listed in paragraph (a)
of this section may be retained at that
§ 121.695 Disposition of load manifest, place for not more than 30 days before
dispatch release, and flight plans:
Domestic and flag operations. being sent to the certificate holder’s
principal base of operations. However,
(a) The pilot in command of an air- the documents for a particular flight
plane shall carry in the airplane to its need not be further retained at that
destination— place or be sent to the principal base of
(1) A copy of the completed load operations, if the originals or other
manifest (or information from it, ex- copies of them have been previously re-
cept information concerning cargo and turned to the principal base of oper-
passenger distribution); ations.
(2) A copy of the dispatch release;
(e) The certificate holder conducting
and
supplemental operations shall:
(3) A copy of the flight plan.
(b) The certificate holder shall keep (1) Identify in its operations manual
copies of the records required in this the person having custody of the copies
section for at least three months. of documents retained in accordance
with paragraph (d) of this section; and
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as (2) Retain at its principal base of op-
amended by Amdt. 121–178, 47 FR 13316, Mar.
erations either an original or a copy of
29, 1982; Amdt. 121–253, 61 FR 2616, Jan. 26,
1996] the records required by this section for
at least three months.
§ 121.697 Disposition of load manifest, [Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
flight release, and flight plans: Sup- amended by Amdt. 121–123, 40 FR 44541, Sept.
plemental operations. 29, 1975; Amdt. 121–143, 43 FR 22642, May 25,
(a) The pilot in command of an air- 1978; Amdt. 121–178, 47 FR 13316, Mar. 29, 1982;
plane shall carry in the airplane to its Amdt. 121–253, 61 FR 2616, Jan. 26, 1996]
destination the original or a signed
copy of the— §§ 121.698–121.699 [Reserved]
(1) Load manifest;
(2) Flight release; § 121.701 Maintenance log: Aircraft.
(3) Airworthiness release; (a) Each person who takes action in
(4) Pilot route certification; and the case of a reported or observed fail-
(5) Flight plan. ure or malfunction of an airframe, en-
(b) If a flight originates at the cer- gine, propeller, or appliance that is
tificate holder’s principal base of oper- critical to the safety of flight shall
spaschal on DSKJM0X7X2PROD with CFR

ations, it shall retain at that base a make, or have made, a record of that
signed copy of each document listed in action in the airplane’s maintenance
paragraph (a) of this section. log.

234

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Federal Aviation Administration, DOT § 121.703

(b) Each certificate holder shall have (16) Aircraft components or systems
an approved procedure for keeping ade- that result in taking emergency ac-
quate copies of the record required in tions during flight (except action to
paragraph (a) of this section in the air- shut down an engine); and
plane in a place readily accessible to (17) Emergency evacuation systems
each flight crewmember and shall put or components including all exit doors,
that procedure in the certificate hold- passenger emergency evacuation light-
er’s manual. ing systems, or evacuation equipment
that are found defective, or that fail to
§ 121.703 Service difficulty reports. perform the intended functions during
(a) Each certificate holder shall re- an actual emergency or during train-
port the occurrence or detection of ing, testing, maintenance, demonstra-
each failure, malfunction, or defect tions, or inadvertent deployments.
concerning— (b) For the purpose of this section
(1) Fires during flight and whether during flight means the period from the
the related fire-warning system func- moment the aircraft leaves the surface
tioned properly; of the earth on takeoff until it touches
(2) Fires during flight not protected down on landing.
by a related fire-warning system; (c) In addition to the reports required
(3) False fire warning during flight; by paragraph (a) of this section, each
(4) An engine exhaust system that certificate holder shall report any
causes damage during flight to the en- other failure, malfunction, or defect in
gine, adjacent structure, equipment, or an aircraft that occurs or is detected at
components; any time if, in its opinion, that failure,
(5) An aircraft component that malfunction, or defect has endangered
causes accumulation or circulation of or may endanger the safe operation of
smoke, vapor, or toxic or noxious an aircraft used by it.
fumes in the crew compartment or pas- (d) Each certificate holder shall sub-
senger cabin during flight; mit each report required by this sec-
(6) Engine shutdown during flight be- tion, covering each 24-hour period be-
cause of flameout; ginning at 0900 local time of each day
(7) Engine shutdown during flight and ending at 0900 local time on the
when external damage to the engine or next day, to the FAA offices in Okla-
airplane structure occurs; homa City, Oklahoma. Each report of
(8) Engine shutdown during flight due occurrences during a 24-hour period
to foreign object ingestion or icing; shall be submitted to the collection
(9) Engine shutdown during flight of point within the next 96 hours. How-
more than one engine; ever, a report due on Saturday or Sun-
(10) A propeller feathering system or day may be submitted on the following
ability of the system to control over- Monday, and a report due on a holiday
speed during flight; may be submitted on the next work
(11) A fuel or fuel-dumping system day.
that affects fuel flow or causes haz- (e) The certificate holder shall sub-
ardous leakage during flight; mit the reports required by this section
(12) An unwanted landing gear exten- on a form or in another format accept-
sion or retraction, or an unwanted able to the Administrator. The reports
opening or closing of landing gear shall include the following informa-
doors during flight; tion:
(13) Brake system components that (1) Type and identification number of
result in loss of brake actuating force the aircraft.
when the airplane is in motion on the (2) The name of the operator.
ground; (3) The date, flight number, and stage
(14) Aircraft structure that requires during which the incident occurred
major repair; (e.g., preflight, takeoff, climb, cruise,
(15) Cracks, permanent deformation, descent landing, and inspection).
spaschal on DSKJM0X7X2PROD with CFR

or corrosion of aircraft structures, if (4) The emergency procedure effected


more than the maximum acceptable to (e.g., unscheduled landing and emer-
the manufacturer or the FAA; gency descent).

235

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§ 121.705 14 CFR Ch. I (1–1–21 Edition)

(5) The nature of the failure, mal- summary report for the previous
function, or defect. month of:
(6) Identification of the part and sys- (a) Each interruption to a flight, un-
tem involved, including available infor- scheduled change of aircraft en route,
mation pertaining to type designation or unscheduled stop or diversion from a
of the major component and time since route, caused by known or suspected
overhaul. mechanical difficulties or malfunctions
(7) Apparent cause of the failure, that are not required to be reported
malfunction, or defect (e.g., wear, under § 121.703.
crack, design deficiency, or personnel
(b) The number of engines removed
error).
prematurely because of malfunction,
(8) Whether the part was repaired, re-
failure or defect, listed by make and
placed, sent to the manufacturer, or
other action taken. model and the aircraft type in which it
(9) Whether the aircraft was ground- was installed.
ed. (c) The number of propeller
(10) Other pertinent information nec- featherings in flight, listed by type of
essary for more complete identifica- propeller and engine and aircraft on
tion, determination of seriousness, or which it was installed. Propeller
corrective action. featherings for training, demonstra-
(f) A certificate holder that is also tion, or flight check purposes need not
the holder of a Type Certificate (in- be reported.
cluding a Supplemental Type Certifi-
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
cate), a Parts Manufacturer Approval, amended by Amdt. 121–10, 30 FR 10025, Aug.
or a Technical Standard Order Author- 12, 1965; Amdt. 121–319, 70 FR 76979, Dec. 29,
ization, or that is the licensee of a type 2005]
certificate holder, need not report a
failure, malfunction, or defect under § 121.707 Alteration and repair re-
this section if the failure, malfunction, ports.
or defect has been reported by it under
(a) Each certificate holder shall,
§ 21.3 of this chapter or under the acci-
promptly upon its completion, prepare
dent reporting provisions of 14 CFR
part 830. a report of each major alteration or
(g) No person may withhold a report major repair of an airframe, aircraft
required by this section even though engine, propeller, or appliance of an
all information required in this section aircraft operated by it.
is not available. (b) The certificate holder shall sub-
(h) When certificate holder gets addi- mit a copy of each report of a major al-
tional information, including informa- teration to, and shall keep a copy of
tion from the manufacturer or other each report of a major repair available
agency, concerning a report required for inspection by, the representative of
by this section, it shall expeditiously the Administrator who is assigned to
submit it as a supplement to the first it.
report and reference the date and place
of submission of the first report. § 121.709 Airworthiness release or air-
craft log entry.
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as
amended by Doc. No. 8084, 32 FR 5770, Apr. 11, (a) No certificate holder may operate
1967; Amdt. 121–72, 35 FR 18188, Nov. 28, 1970; an aircraft after maintenance, preven-
Amdt. 121–143, 43 FR 22642, May 25, 1978; tive maintenance or alterations are
Amdt. 121–178, 47 FR 13316, Mar. 29, 1982; performed on the aircraft unless the
Amdt. 121–187, 50 FR 32375, Aug. 9, 1985; certificate holder, or the person with
Amdt. 121–195, 53 FR 8728, Mar. 16, 1988;
Amdt. 121–251, 60 FR 65936, Dec. 20, 1995;
whom the certificate holder arranges
Amdt. 121–319, 70 FR 76979, Dec. 29, 2005] for the performance of the mainte-
nance, preventive maintenance, or al-
§ 121.705 Mechanical interruption terations, prepares or causes to be pre-
summary report. pared—
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Each certificate holder shall submit (1) An airworthiness release; or


to the Administrator, before the end of (2) An appropriate entry in the air-
the 10th day of the following month, a craft log.

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Federal Aviation Administration, DOT § 121.713

(b) The airworthiness release or log its pilots using a communication sys-
entry required by paragraph (a) of this tem as required by § 121.99 of this part.
section must— (b) For purposes of this section the
(1) Be prepared in accordance with term en route means from the time the
the procedures set forth in the certifi- aircraft pushes back from the depart-
cate holder’s manual; ing gate until the time the aircraft
(2) Include a certification that— reaches the arrival gate at its destina-
(i) The work was performed in ac- tion.
cordance with the requirements of the (c) The record required in paragraph
certificate holder’s manual; (a) of this section must contain at least
(ii) All items required to be inspected the following information:
were inspected by an authorized person (1) The date and time of the contact;
who determined that the work was sat- (2) The flight number;
isfactorily completed; (3) Aircraft registration number;
(iii) No known condition exists that (4) Approximate position of the air-
would make the airplane unairworthy; craft during the contact;
and
(5) Call sign; and
(iv) So far as the work performed is
(6) Narrative of the contact.
concerned, the aircraft is in condition
for safe operation; and (d) The record required in paragraph
(a) of this section must be kept for at
(3) Be signed by an authorized certifi-
cated mechanic or repairman except least 30 days.
that a certificated repairman may sign [Doc. No. FAA–2008–0677, 78 FR 67841, Nov. 12,
the release or entry only for the work 2013]
for which he is employed and certifi-
cated. § 121.713 Retention of contracts and
(c) Notwithstanding paragraph (b)(3) amendments: Commercial operators
of this section, after maintenance, pre- who conduct intrastate operations
for compensation or hire.
ventive maintenance, or alterations
performed by a repair station that is (a) Each commercial operator who
located outside the United States, the conducts intrastate operations for
airworthiness release or log entry re- compensation or hire shall keep a copy
quired by paragraph (a) of this section of each written contract under which it
may be signed by a person authorized provides services as a commercial oper-
by that repair station. ator for a period of at least 1 year after
(d) When an airworthiness release the date of execution of the contract.
form is prepared the certificate holder In the case of an oral contract, it shall
must give a copy to the pilot in com- keep a memorandum stating its ele-
mand and must keep a record thereof ments, and of any amendments to it,
for at least 2 months. for a period of at least one year after
(e) Instead of restating each of the the execution of that contract or
conditions of the certification required change.
by paragraph (b) of this section, the air (b) Each commercial operator who
carrier may state in its manual that conducts intrastate operations for
the signature of an authorized certifi- compensation or hire shall submit a fi-
cated mechanic or repairman con- nancial report for the first 6 months of
stitutes that certification. each fiscal year and another financial
[Doc. No. 6258, 29 FR 19226, Dec. 31, 1964, as report for each complete fiscal year. If
amended by Amdt. 121–6, 30 FR 6432, May 8, that person’s operating certificate is
1965; Amdt. 121–21, 31 FR 10613, Aug. 9, 1966; suspended for more than 29 days, that
Amdt. 121–286, 66 FR 41116, Aug. 6, 2001] person shall submit a financial report
as of the last day of the month in
§ 121.711 Communication records: Do- which the suspension is terminated.
mestic and flag operations. The report required to be submitted by
(a) Each certificate holder con- this section shall be submitted within
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ducting domestic or flag operations 60 days of the last day of the period
must record each en route communica- covered by the report and must in-
tion between the certificate holder and clude—

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§ 121.721 14 CFR Ch. I (1–1–21 Edition)

(1) A balance sheet that shows assets, Subpart X—Emergency Medical


liabilities, and net worth on the last Equipment and Training
day of the reporting period;
(2) The information required by
SOURCE: Docket No. FAA–2000–7119, 66 FR
§ 119.36 (e)(2), (e)(7), and (e)(8) of this
19044, Apr. 12, 2001, unless otherwise noted.
chapter;
(3) An itemization of claims in litiga- § 121.801 Applicability.
tion against the applicant, if any, as of
the last day of the period covered by This subpart prescribes the emer-
the report; gency medical equipment and training
(4) A profit and loss statement with requirements applicable to all certifi-
the separation of items relating to the cate holders operating passenger-car-
applicant’s commercial operator ac- rying airplanes under this part. Noth-
tivities from his other business activi- ing in this subpart is intended to re-
ties, if any; and quire certificate holders or its agents
(5) A list of each contract that gave to provide emergency medical care or
rise to operating income on the profit to establish a standard of care for the
and loss statement, including the provision of emergency medical care.
names and addresses of the contracting
parties and the nature, scope, date, and § 121.803 Emergency medical equip-
ment.
duration of each contract.
(a) No person may operate a pas-
[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as
senger-carrying airplane under this
amended by Amdt. 121–262, 62 FR 13257, Mar.
19, 1997] part unless it is equipped with the
emergency medical equipment listed in
this section.
Subpart W—Crewmember (b) Each equipment item listed in
Certificate: International this section—
§ 121.721 Applicability. (1) Must be inspected regularly in ac-
cordance with inspection periods estab-
This section describes the certifi- lished in the operations specifications
cates that were issued to United States to ensure its condition for continued
citizens who were employed by air car- serviceability and immediate readiness
riers at the time of issuance as flight to perform its intended emergency pur-
crewmembers on United States reg- poses;
istered aircraft engaged in inter- (2) Must be readily accessible to the
national air commerce. The purpose of crew and, with regard to equipment lo-
the certificate is to facilitate the entry cated in the passenger compartment,
and clearance of those crewmembers to passengers;
into ICAO contracting states. They
(3) Must be clearly identified and
were issued under Annex 9, as amended,
clearly marked to indicate its method
to the Convention on International
of operation; and
Civil Aviation.
(4) When carried in a compartment or
[Doc. No. 28154, 61 FR 30435, June 14, 1996] container, must be carried in a com-
partment or container marked as to
§ 121.723 Surrender of international contents and the compartment or con-
crewmember certificate. tainer, or the item itself, must be
The holder of a certificate issued marked as to date of last inspection.
under this section, or the air carrier by (c) For treatment of injuries, medical
whom the holder is employed, shall events, or minor accidents that might
surrender the certificate for cancella- occur during flight time each airplane
tion at the responsible Flight Stand- must have the following equipment
ards office at the termination of the that meets the specifications and re-
holder’s employment with that air car- quirements of appendix A of this part:
rier. (1) Approved first-aid kits.
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[Doc. No. 28154, 61 FR 30435, June 14, 1996, as (2) In airplanes for which a flight at-
amended by Docket FAA–2018–0119, Amdt. tendant is required, an approved emer-
121–380, 83 FR 9173, Mar. 5, 2018] gency medical kit.

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Federal Aviation Administration, DOT § 121.903

(3) In airplanes for which a flight at- Subpart Y—Advanced


tendant is required, an approved emer- Qualification Program
gency medical kit as modified effective
April 12, 2004. SOURCE: Docket No. FAA–2005–20750, 70 FR
(4) In airplanes for which a flight at- 54815, Sept. 16, 2005, unless otherwise noted.
tendant is required and with a max-
imum payload capacity of more than § 121.901 Purpose and eligibility.
7,500 pounds, an approved automated (a) Contrary provisions of parts 61, 63,
external defibrillator as of April 12, 65, 121, 135, and 142 of this chapter not-
2004. withstanding, this subpart provides for
approval of an alternative method
§ 121.805 Crewmember training for in- (known as ‘‘Advanced Qualification
flight medical events. Program’’ or ‘‘AQP’’) for qualifying,
(a) Each training program must pro- training, certifying, and otherwise en-
vide the instruction set forth in this suring competency of crewmembers,
section with respect to each airplane aircraft dispatchers, other operations
type, model, and configuration, each personnel, instructors, and evaluators
who are required to be trained under
required crewmember, and each kind of
parts 121 and 135 of this chapter.
operation conducted, insofar as appro- (b) A certificate holder is eligible
priate for each crewmember and the under this subpart if the certificate
certificate holder. holder is required or elects to have an
(b) Training must provide the fol- approved training program under
lowing: §§ 121.401, 135.3(c), or 135.341 of this
(1) Instruction in emergency medical chapter.
event procedures, including coordina- (c) A certificate holder obtains ap-
tion among crewmembers. proval of each proposed curriculum
(2) Instruction in the location, func- under this AQP as specified in § 121.909.
tion, and intended operation of emer-
§ 121.903 General requirements for Ad-
gency medical equipment. vanced Qualification Programs.
(3) Instruction to familiarize crew-
members with the content of the emer- (a) A curriculum approved under an
AQP may include elements of existing
gency medical kit.
training programs under part 121 and
(4) Instruction to familiarize crew- part 135 of this chapter. Each cur-
members with the content of the emer- riculum must specify the make, model,
gency medical kit as modified on April series or variant of aircraft and each
12, 2004. crewmember position or other posi-
(5) For each flight attendant— tions to be covered by that curriculum.
(i) Instruction, to include perform- Positions to be covered by the AQP
ance drills, in the proper use of auto- must include all flight crewmember po-
mated external defibrillators. sitions, flight instructors, and eval-
(ii) Instruction, to include perform- uators and may include other posi-
ance drills, in cardiopulmonary resus- tions, such as flight attendants, air-
citation. craft dispatchers, and other operations
(iii) Recurrent training, to include personnel.
(b) Each certificate holder that ob-
performance drills, in the proper use of
tains approval of an AQP under this
an automated external defibrillators
subpart must comply with all the re-
and in cardiopulmonary resuscitation
quirements of the AQP and this sub-
at least once every 24 months. part instead of the corresponding pro-
(c) The crewmember instruction, per- visions of parts 61, 63, 65, 121, or 135 of
formance drills, and recurrent training this chapter. However, each applicable
required under this section are not re- requirement of parts 61, 63, 65, 121, or
quired to be equivalent to the expert 135 of this chapter, including but not
level of proficiency attained by profes- limited to practical test requirements,
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sional emergency medical personnel. that is not specifically addressed in the


AQP continues to apply to the certifi-
cate holder and to the individuals

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§ 121.905 14 CFR Ch. I (1–1–21 Edition)

being trained and qualified by the cer- § 121.907 Definitions.


tificate holder. No person may be The following definitions apply to
trained under an AQP unless that AQP this subpart:
has been approved by the FAA and the Crew Resource Management (CRM)
person complies with all the require- means the effective use of all the re-
ments of the AQP and this subpart. sources available to crewmembers, in-
(c) No certificate holder that con- cluding each other, to achieve a safe
ducts its training program under this and efficient flight.
subpart may use any person nor may Curriculum outline means a listing of
any person serve in any duty position each segment, module, lesson, and les-
as a required crewmember, an aircraft son element in a curriculum, or an
dispatcher, an instructor, or an eval- equivalent listing acceptable to the
uator, unless that person has satisfac- FAA.
torily accomplished, in a training pro- Evaluation of proficiency means a Line
gram approved under this subpart for Operational Evaluation (LOE) or an
the certificate holder, the training and equivalent evaluation under an AQP
evaluation of proficiency required by acceptable to the FAA.
the AQP for that type airplane and Evaluator means a person who as-
duty position. sesses or judges the performance of
(d) All documentation and data re- crewmembers, instructors, other eval-
quired under this subpart must be sub- uators, aircraft dispatchers, or other
mitted in a form and manner accept- operations personnel.
able to the FAA. First Look means the assessment of
(e) Any training or evaluation re- performance to determine proficiency
quired under an AQP that is satisfac- on designated flight tasks before any
torily completed in the calendar month briefing, training, or practice on those
before or the calendar month after the tasks is given in the training session
calendar month in which it is due is for a continuing qualification cur-
considered to have been completed in riculum. First Look is conducted dur-
the calendar month it was due. ing an AQP continuing qualification
cycle to determine trends of degraded
§ 121.905 Confidential commercial in- proficiency, if any, due in part to the
formation.
length of the interval between training
(a) Each certificate holder that sessions.
claims that AQP information or data it Instructional systems development
is submitting to the FAA is entitled to means a systematic methodology for
confidential treatment under 5 U.S.C. developing or modifying qualification
552(b)(4) because it constitutes con- standards and associated curriculum
fidential commercial information as content based on a documented anal-
described in 5 U.S.C. 552(b)(4), and ysis of the job tasks, skills, and knowl-
should be withheld from public disclo- edge required for job proficiency.
sure, must include its request for con- Job task listing means a listing of all
fidentiality with each submission. tasks, subtasks, knowledge, and skills
(b) When requesting confidentiality required for accomplishing the oper-
for submitted information or data, the ational job.
certificate holder must: Line Operational Evaluation (LOE)
(1) If the information or data is means a simulated line environment,
transmitted electronically, embed the the scenario content of which is de-
claim of confidentiality within the signed to test integrating technical
electronic record so the portions and CRM skills.
claimed to be confidential are readily Line Operational Simulation (LOS)
apparent when received and reviewed. means a training or evaluation session,
(2) If the information or data is sub- as applicable, that is conducted in a
mitted in paper format, place the word simulated line environment using
‘‘CONFIDENTIAL’’ on the top of each equipment qualified and approved for
page containing information or data its intended purpose in an AQP.
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claimed to be confidential. Planned hours means the estimated


(3) Justify the basis for a claim of amount of time (as specified in a cur-
confidentiality under 5 U.S.C. 552(b)(4). riculum outline) that it takes a typical

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Federal Aviation Administration, DOT § 121.909

student to complete a segment of in- the program meets the following re-
struction (to include all instruction, quirements:
demonstration, practice, and evalua- (1) The program must meet all the re-
tion, as appropriate, to reach pro- quirements of this subpart.
ficiency). (2) Each indoctrination, qualifica-
Qualification standard means a state- tion, and continuing qualification
ment of a minimum required perform- AQP, and derivatives must include the
ance, applicable parameters, criteria, following documentation:
applicable flight conditions, evaluation (i) Initial application for AQP.
strategy, evaluation media, and appli- (ii) Initial job task listing.
cable document references. (iii) Instructional systems develop-
Qualification standards document ment methodology.
means a single document containing (iv) Qualification standards docu-
all the qualification standards for an ment.
AQP together with a prologue that pro- (v) Curriculum outline.
vides a detailed description of all fac- (vi) Implementation and operations
ets of the evaluation process. plan.
Special tracking means assigning a (3) Subject to approval by the FAA,
person to an augmented schedule of certificate holders may elect, where
training, checking, or both. appropriate, to consolidate informa-
tion about multiple programs within
Training session means a contiguously
any of the documents referenced in
scheduled period devoted to training
paragraph (b)(2) of this section.
activities at a facility approved by the
(4) The Qualification Standards Doc-
FAA for that purpose. ument must indicate specifically the
Variant means a specifically config- requirements of the parts 61, 63, 65, 121,
ured aircraft for which the FAA has or 135 of this chapter, as applicable,
identified training and qualifications that would be replaced by an AQP cur-
that are significantly different from riculum. If a practical test require-
those applicable to other aircraft of the ment of parts 61, 63, 65, 121, or 135 of
same make, model, and series. this chapter is replaced by an AQP cur-
riculum, the certificate holder must es-
§ 121.909 Approval of Advanced Quali- tablish an initial justification and a
fication Program.
continuing process approved by the
(a) Approval process. Application for FAA to show how the AQP curriculum
approval of an AQP curriculum under provides an equivalent level of safety
this subpart is made, through the FAA for each requirement that is to be re-
office responsible for approval of the placed.
certificate holder’s operations speci- (c) Application and transition. Each
fications, to the Manager of the Air certificate holder that applies for one
Transportation Division. or more advanced qualification cur-
(b) Approval criteria. Each AQP must riculums must include as part of its ap-
have separate curriculums for indoc- plication a proposed transition plan
trination, qualification, and continuing (containing a calendar of events) for
qualification (including upgrade, tran- moving from its present approved
sition, and requalification), as specified training to the advanced qualification
in §§ 121.911, 121.913, and 121.915. All program training.
AQP curriculums must be based on an (d) Advanced Qualification Program re-
instructional systems development visions or rescissions of approval. If after
methodology. This methodology must a certificate holder begins training and
incorporate a thorough analysis of the qualification under an AQP, the FAA
certificate holder’s operations, air- finds the certificate holder is not meet-
craft, line environment and job func- ing the provisions of its approved AQP,
tions. All AQP qualification and con- the FAA may require the certificate
tinuing qualification curriculums must holder, pursuant to § 121.405(e), to make
integrate the training and evaluation revisions. Or if otherwise warranted,
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of CRM and technical skills and knowl- the FAA may withdraw AQP approval
edge. An application for approval of an and require the certificate holder to
AQP curriculum may be approved if submit and obtain approval for a plan

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§ 121.911 14 CFR Ch. I (1–1–21 Edition)

(containing a schedule of events) that § 121.913 Qualification curriculum.


the certificate holder must comply Each qualification curriculum must
with and use to transition to an ap- contain training, evaluation, and cer-
proved training program under subpart tification activities, as applicable for
N of this part or under subpart H of specific positions subject to the AQP,
part 135 of this chapter, as appropriate. as follows:
The certificate holder may also volun- (a) The certificate holder’s planned
tarily submit and obtain approval for a hours of training, evaluation, and su-
plan (containing a schedule of events) pervised operating experience.
to transition to an approved training (b) For crewmembers, aircraft dis-
program under subpart N of this part patchers, and other operations per-
or under subpart H of part 135 of this sonnel, the following:
chapter, as appropriate. (1) Training, evaluation, and certifi-
(e) Approval by the FAA. Final ap- cation activities that are aircraft- and
proval of an AQP by the FAA indicates equipment-specific to qualify a person
for a particular duty position on, or du-
the FAA has accepted the justification
ties related to the operation of, a spe-
provided under paragraph (b)(4) of this
cific make, model, series, or variant
section and the applicant’s initial jus- aircraft.
tification and continuing process es- (2) A list of and text describing the
tablish an equivalent level of safety for knowledge requirements, subject mate-
each requirement of parts 61, 63, 65, 121, rials, job skills, and qualification
and 135 of this chapter that is being re- standards of each proficiency objective
placed. to be trained and evaluated.
[Docket No. FAA–2005–20750, 70 FR 54815,
(3) The requirements of the certifi-
Sept. 16, 2005, as amended by Docket FAA– cate holder’s approved AQP program
2018–0119, Amdt. 121–380, 83 FR 9173, Mar. 5, that are in addition to or in place of,
2018] the requirements of parts 61, 63, 65, 121
or 135 of this chapter, including any ap-
§ 121.911 Indoctrination curriculum. plicable practical test requirements.
(4) A list of and text describing oper-
Each indoctrination curriculum must
ating experience, evaluation/remedi-
include the following:
ation strategies, provisions for special
(a) For newly hired persons being tracking, and how recency of experi-
trained under an AQP: The certificate ence requirements will be accom-
holder’s policies and operating prac- plished.
tices and general operational knowl- (c) For flight crewmembers: Initial
edge. operating experience and line check.
(b) For newly hired crewmembers and (d) For instructors, the following as
aircraft dispatchers: General aero- appropriate:
nautical knowledge appropriate to the (1) Training and evaluation activities
duty position. to qualify a person to conduct instruc-
(c) For instructors: The fundamental tion on how to operate, or on how to
principles of the teaching and learning ensure the safe operation of a par-
process; methods and theories of in- ticular make, model, and series air-
struction; and the knowledge necessary craft (or variant).
to use aircraft, flight training devices, (2) A list of and text describing the
flight simulators, and other training knowledge requirements, subject mate-
rials, job skills, and qualification
equipment in advanced qualification
standards of each procedure and pro-
curriculums, as appropriate.
ficiency objective to be trained and
(d) For evaluators: General evalua- evaluated.
tion requirements of the AQP; methods (3) A list of and text describing eval-
of evaluating crewmembers and air- uation/remediation strategies, stand-
craft dispatchers and other operations ardization policies and recency require-
personnel, as appropriate, and policies ments.
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and practices used to conduct the kinds (e) For evaluators: The requirements
of evaluations particular to an AQP of paragraph (d)(1) of this section plus
(e.g., LOE). the following, as appropriate:

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Federal Aviation Administration, DOT § 121.915

(1) Training and evaluation activities (i) For pilots in command, seconds in
that are aircraft and equipment spe- command, and flight engineers, First
cific to qualify a person to assess the Look in accordance with the certifi-
performance of persons who operate or cate holder’s FAA-approved program
who ensure the safe operation of, a par- documentation.
ticular make, model, and series air- (ii) For pilots in command, seconds
craft (or variant). in command, flight engineers, flight at-
(2) A list of and text describing the tendants, instructors and evaluators:
knowledge requirements, subject mate- Ground training including a general re-
rials, job skills, and qualification view of knowledge and skills covered in
standards of each procedure and pro- qualification training, updated infor-
ficiency objective to be trained and mation on newly developed procedures,
evaluated. and safety information.
(3) A list of and text describing eval- (iii) For crewmembers, instructors,
uation/remediation strategies, stand- evaluators, and other operational per-
ardization policies and recency require- sonnel who conduct their duties in
ments. flight: Proficiency training in an air-
craft, flight training device, flight sim-
§ 121.915 Continuing qualification cur- ulator, or other equipment, as appro-
riculum. priate, on normal, abnormal, and emer-
gency flight procedures and maneuvers.
Each continuing qualification cur-
(iv) For dispatchers and other oper-
riculum must contain training and
ational personnel who do not conduct
evaluation activities, as applicable for
their duties in flight: ground training
specific positions subject to the AQP,
including a general review of knowl-
as follows: edge and skills covered in qualification
(a) Continuing qualification cycle. A training, updated information on newly
continuing qualification cycle that en- developed procedures, safety related in-
sures that during each cycle each per- formation, and, if applicable, a line ob-
son qualified under an AQP, including servation program.
instructors and evaluators, will receive (v) For instructors and evaluators:
a mix that will ensure training and Proficiency training in the type flight
evaluation on all events and subjects training device or the type flight simu-
necessary to ensure that each person lator, as appropriate, regarding train-
maintains proficiency in knowledge, ing equipment operation. For instruc-
technical skills, and cognitive skills tors and evaluators who are limited to
required for initial qualification in ac- conducting their duties in flight sim-
cordance with the approved continuing ulators or flight training devices:
qualification AQP, evaluation/remedi- Training in operational flight proce-
ation strategies, and provisions for spe- dures and maneuvers (normal, abnor-
cial tracking. Each continuing quali- mal, and emergency).
fication cycle must include at least the (b) Evaluation of performance. Con-
following: tinuing qualification must include
(1) Evaluation period. Initially the evaluation of performance on a sample
continuing qualification cycle is com- of those events and major subjects
prised of two or more evaluation peri- identified as diagnostic of competence
ods of equal duration. Each person and approved for that purpose by the
qualified under an AQP must receive FAA. The following evaluation require-
ground training and flight training, as ments apply:
appropriate, and an evaluation of pro- (1) Evaluation of proficiency as fol-
ficiency during each evaluation period lows:
at a training facility. The number and (i) For pilots in command, seconds in
frequency of training sessions must be command, and flight engineers: An
approved by the FAA. evaluation of proficiency, portions of
(2) Training. Continuing qualification which may be conducted in an aircraft,
must include training in all tasks, pro- flight simulator, or flight training de-
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cedures and subjects required in ac- vice as approved in the certificate


cordance with the approved program holder’s curriculum that must be com-
documentation, as follows: pleted during each evaluation period.

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§ 121.917 14 CFR Ch. I (1–1–21 Edition)

(ii) For any other persons covered by (c) Recency of experience. For pilots in
an AQP, a means to evaluate their pro- command, seconds in command, flight
ficiency in the performance of their du- engineers, aircraft dispatchers, instruc-
ties in their assigned tasks in an oper- tors, evaluators, and flight attendants,
ational setting. approved recency of experience require-
(2) Line checks as follows: ments appropriate to the duty position.
(i) Except as provided in paragraph (d) Duration of cycles and periods. Ini-
(b)(2)(ii) of this section, for pilots in tially, the continuing qualification
command: A line check conducted in cycle approved for an AQP must not
an aircraft during actual flight oper- exceed 24 calendar months in duration,
ations under part 121 or part 135 of this and must include two or more evalua-
chapter or during operationally (line) tion periods of equal duration. After
oriented flights, such as ferry flights or that, upon demonstration by a certifi-
proving flights. A line check must be cate holder that an extension is war-
completed in the calendar month at ranted, the FAA may approve an exten-
the midpoint of the evaluation period. sion of the continuing qualification
(ii) With the FAA’s approval, a no- cycle to a maximum of 36 calendar
notice line check strategy may be used months in duration.
in lieu of the line check required by (e) Requalification. Each continuing
paragraph (b)(2)(i) of this section. The qualification curriculum must include
certificate holder who elects to exer- a curriculum segment that covers the
cise this option must ensure the ‘‘no- requirements for requalifying a crew-
notice’’ line checks are administered so member, aircraft dispatcher, other op-
the flight crewmembers are not noti- erations personnel, instructor, or eval-
fied before the evaluation. In addition, uator who has not maintained con-
the AQP certificate holder must ensure tinuing qualification.
that each pilot in command receives at
least one ‘‘no-notice’’ line check every § 121.917 Other requirements.
24 months. As a minimum, the number In addition to the requirements of
of ‘‘no-notice’’ line checks adminis- §§ 121.913 and 121.915, each AQP quali-
tered each calendar year must equal at fication and continuing qualification
least 50% of the certificate holder’s curriculum must include the following
pilot-in-command workforce in accord- requirements:
ance with a strategy approved by the (a) Integrated Crew Resource Man-
FAA for that purpose. In addition, the agement (CRM) or Dispatcher Resource
line checks to be conducted under this Management (DRM) ground and if ap-
paragraph must be conducted over all propriate flight training applicable to
geographic areas flown by the certifi- each position for which training is pro-
cate holder in accordance with a sam- vided under an AQP.
pling methodology approved by the (b) Approved training on and evalua-
FAA for that purpose. tion of skills and proficiency of each
(iii) During the line checks required person being trained under AQP to use
under paragraph (b)(2)(i) and (ii) of this his or her resource management skills
section, each person performing duties and his or her technical (piloting or
as a pilot in command, second in com- other) skills in an actual or simulated
mand, or flight engineer for that flight, operations scenario. For flight crew-
must be individually evaluated to de- members this training and evaluation
termine whether the person remains must be conducted in an approved
adequately trained and currently pro- flight training device, flight simulator,
ficient with respect to the particular or, if approved under this subpart, in
aircraft, crew position, and type of op- an aircraft.
eration in which he or she serves; and (c) Data collection and analysis proc-
the person has sufficient knowledge esses acceptable to the FAA that will
and skills to operate effectively as part ensure the certificate holder provides
of a crew. The evaluator must be a performance information on its crew-
check airman, an APD, or an FAA in- members, dispatchers, instructors,
spaschal on DSKJM0X7X2PROD with CFR

spector and must hold the certificates evaluators, and other operations per-
and ratings required of the pilot in sonnel that will enable the certificate
command. holder and the FAA to determine

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Federal Aviation Administration, DOT § 121.923

whether the form and content of train- (1) Required evaluation of individual
ing and evaluation activities are satis- or crew proficiency.
factorily accomplishing the overall ob- (2) Training to proficiency or train-
jectives of the curriculum. ing activities that determine if an indi-
vidual or crew is ready for an evalua-
§ 121.919 Certification. tion of proficiency.
A person subject to an AQP is eligi- (3) Activities used to meet recency of
ble to receive a commercial or airline experience requirements.
transport pilot, flight engineer, or air- (4) Line Operational Simulations
craft dispatcher certificate or appro- (LOS).
priate rating based on the successful (b) Approval of other training equip-
completion of training and evaluation ment.
events accomplished under that pro- (1) Any training equipment that is
gram if the following requirements are intended to be used in an AQP for pur-
met: poses other than those set forth in
(a) Training and evaluation of re- paragraph (a) of this section must be
quired knowledge and skills under the approved by the FAA for its intended
AQP must meet minimum certification use.
and rating criteria established by the
(2) An applicant for approval of train-
FAA in parts 61, 63, or 65 of this chap-
ing equipment under this paragraph
ter. The FAA may approve alternatives
must identify the device by its nomen-
to the certification and rating criteria
of parts 61, 63, or 65 of this chapter, in- clature and describe its intended use.
cluding practical test requirements, if (3) Each training device approved for
it can be demonstrated that the newly use in an AQP must be part of a con-
established criteria or requirements tinuing program to provide for its serv-
represent an equivalent or better meas- iceability and fitness to perform its in-
ure of crewmember or dispatcher com- tended function as approved by the
petence, operational proficiency, and FAA.
safety.
(b) The applicant satisfactorily com- § 121.923 Approval of training, quali-
fication, or evaluation by a person
pletes the appropriate qualification
who provides training by arrange-
curriculum. ment.
(c) The applicant shows competence
in required technical knowledge and (a) A certificate holder operating
skills (e.g., piloting or other) and crew under part 121 or part 135 of this chap-
resource management (e.g., CRM or ter may arrange to have AQP training,
DRM) knowledge and skills in sce- qualification, evaluation, or certifi-
narios (i.e., LOE) that test both types cation functions performed by another
of knowledge and skills together. person (a ‘‘training provider’’) if the
(d) The applicant is otherwise eligi- following requirements are met:
ble under the applicable requirements (1) The training provider is certifi-
of part 61, 63, or 65 of this chapter. cated under part 119 or 142 of this chap-
(e) The applicant has been trained to ter.
proficiency on the certificate holder’s (2) The training provider’s AQP
approved AQP Qualification Standards training and qualification curriculums,
as witnessed by an instructor, check curriculum segments, or portions of
airman, or APD and has passed an LOE curriculum segments must be provi-
administered by an APD or the FAA. sionally approved by the FAA. A train-
ing provider may apply for provisional
§ 121.921 Training devices and simula- approval independently or in conjunc-
tors. tion with a certificate holder’s applica-
(a) Each flight training device or air- tion for AQP approval. Application for
plane simulator that will be used in an provisional approval must be made,
AQP for one of the following purposes through the FAA office directly re-
spaschal on DSKJM0X7X2PROD with CFR

must be evaluated by the FAA for as- sponsible for oversight of the training
signment of a flight training device or provider, to the Manager of the Air
flight simulator qualification level: Transportation Division.

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§ 121.925 14 CFR Ch. I (1–1–21 Edition)

(3) The specific use of provisionally § 121.925 Recordkeeping requirements.


approved curriculums, curriculum seg- Each certificate holder conducting
ments, or portions of curriculum seg- an approved AQP must establish and
ments in a certificate holder’s AQP maintain records in sufficient detail to
must be approved by the FAA as set demonstrate the certificate holder is in
forth in § 121.909. compliance with all the requirements
(b) An applicant for provisional ap- of the AQP and this subpart.
proval of a curriculum, curriculum seg-
ment, or portion of a curriculum seg- Subpart Z—Hazardous Materials
ment under this paragraph must show Training Program
the following requirements are met:
(1) The applicant must have a cur-
SOURCE: Docket No. FAA–2003–15085, 70 FR
riculum for the qualification and con- 58823, Oct. 7, 2005, unless otherwise noted.
tinuing qualification of each instructor
and evaluator used by the applicant. § 121.1001 Applicability and defini-
(2) The applicant’s facilities must be tions.
found by the FAA to be adequate for (a) This subpart prescribes the re-
any planned training, qualification, or quirements applicable to each certifi-
evaluation for a certificate holder op- cate holder for training each crew-
erating under part 121 or part 135 of member and person performing or di-
this chapter. rectly supervising any of the following
(3) Except for indoctrination curricu- job functions involving any item for
lums, the curriculum, curriculum seg- transport on board an aircraft:
ment, or portion of a curriculum seg- (1) Acceptance;
ment must identify the specific make, (2) Rejection;
model, and series aircraft (or variant) (3) Handling;
and crewmember or other positions for (4) Storage incidental to transport;
which it is designed. (5) Packaging of company material;
(c) A certificate holder who wants ap- or
proval to use a training provider’s pro- (6) Loading.
visionally approved curriculum, cur- (b) Definitions. For purposes of this
riculum segment, or portion of a cur- subpart, the following definitions
riculum segment in its AQP, must apply:
show the following requirements are (1) Company material (COMAT)—Mate-
met: rial owned or used by a certificate
(1) Each instructor or evaluator used holder.
by the training provider must meet all (2) Initial hazardous materials train-
the qualification and continuing quali- ing—The basic training required for
fication requirements that apply to each newly hired person, or each per-
employees of the certificate holder son changing job functions, who per-
that has arranged for the training, in- forms or directly supervises any of the
cluding knowledge of the certificate job functions specified in paragraph (a)
holder’s operations. of this section.
(3) Recurrent hazardous materials
(2) Each provisionally approved cur-
training—The training required every
riculum, curriculum segment, or por-
24 months for each person who has sat-
tion of a curriculum segment must be isfactorily completed the certificate
approved by the FAA for use in the cer- holder’s approved initial hazardous ma-
tificate holder’s AQP. The FAA will ei- terials training program and performs
ther provide approval or require modi- or directly supervises any of the job
fications to ensure that each cur- functions specified in paragraph (a) of
riculum, curriculum segment, or por- this section.
tion of a curriculum segment is appli-
cable to the certificate holder’s AQP. § 121.1003 Hazardous materials train-
ing: General.
[Docket No. FAA–2005–20750, 70 FR 54815,
spaschal on DSKJM0X7X2PROD with CFR

Sept. 16, 2005, as amended by Docket FAA– (a) Each certificate holder must es-
2018–0119, Amdt. 121–380, 83 FR 9173, Mar. 5, tablish and implement a hazardous ma-
2018] terials training program that:

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Federal Aviation Administration, DOT § 121.1005

(1) Satisfies the requirements of Ap- rent training program within the past
pendix O of this part; 24 months.
(2) Ensures that each person per- (c) Persons who work for more than one
forming or directly supervising any of certificate holder. A certificate holder
the job functions specified in that uses or assigns a person to per-
§ 121.1001(a) is trained to comply with form or directly supervise a job func-
all applicable parts of 49 CFR parts 171 tion specified in § 121.1001(a), when that
through 180 and the requirements of person also performs or directly super-
this subpart; and vises the same job function for another
(3) Enables the trained person to rec- certificate holder, need only train that
ognize items that contain, or may con- person in its own policies and proce-
tain, hazardous materials regulated by dures regarding those job functions, if
49 CFR parts 171 through 180. all of the following are met:
(b) Each certificate holder must pro- (1) The certificate holder using this
vide initial hazardous materials train- exception receives written verification
ing and recurrent hazardous materials from the person designated to hold the
training to each crewmember and per- training records representing the other
son performing or directly supervising certificate holder that the person has
any of the job functions specified in satisfactorily completed hazardous ma-
§ 121.1001(a). terials training for the specific job
(c) Each certificate holder’s haz- function under the other certificate
ardous materials training program holder’s FAA approved hazardous ma-
must be approved by the FAA prior to terial training program under Appen-
implementation. dix O of this part; and
(2) The certificate holder who trained
§ 121.1005 Hazardous materials train- the person has the same operations
ing required. specifications regarding the accept-
(a) Training requirement. Except as ance, handling, and transport of haz-
provided in paragraphs (b), (c) and (f) of ardous materials as the certificate
this section, no certificate holder may holder using this exception.
use any crewmember orperson to per- (d) Recurrent hazardous materials
form any of the job functions or direct training—Completion date. A person who
supervisory responsibilities, and no satisfactorily completes recurrent haz-
person may perform any of the job ardous materials training in the cal-
functions or direct supervisory respon- endar month before, or the calendar
sibilities, specified in § 121.1001(a) un- month after, the month in which the
less that person has satisfactorily com- recurrent training is due, is considered
pleted the certificate holder’s FAA-ap- to have taken that training during the
proved initial or recurrent hazardous month in which it is due. If the person
materials training program within the completes this training earlier than
past 24 months. the month before it is due, the month
(b) New hire or new job function. A per- of the completion date becomes his or
son who is a new hire and has not yet her new anniversary month.
satisfactorily completed the required (e) Repair stations. A certificate hold-
initial hazardous materials training, or er must ensure that each repair station
a person who is changing job functions performing work for, or on the certifi-
and has not received initial or recur- cate holder’s behalf is notified in writ-
rent training for a job function involv- ing of the certificate holder’s policies
ing storage incidental to transport, or and operations specification authoriza-
loading of items for transport on an tion permitting or prohibition against
aircraft, may perform those job func- the acceptance, rejection, handling,
tions for not more than 30 days from storage incidental to transport, and
the date of hire or a change in job func- transportation of hazardous materials,
tion, if the person is under the direct including company material. This noti-
visual supervision of a person who is fication requirement applies only to re-
authorized by the certificate holder to pair stations that are regulated by 49
spaschal on DSKJM0X7X2PROD with CFR

supervise that person and who has suc- CFR parts 171 through 180.
cessfully completed the certificate (f) Certificate holders operating at for-
holder’s FAA-approved initial or recur- eign locations. This exception applies if

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§ 121.1007 14 CFR Ch. I (1–1–21 Edition)

a certificate holder operating at a for- make them available upon request at


eign location where the country re- the last location where the person
quires the certificate holder to use per- worked.
sons working in that country to load (c) Content of records. Each record
aircraft. In such a case, the certificate must contain the following:
holder may use those persons even if (1) The individual’s name;
they have not been trained in accord- (2) The most recent training comple-
ance with the certificate holder’s FAA tion date;
approved hazardous materials training (3) A description, copy or reference to
program. Those persons, however, must training materials used to meet the
be under the direct visual supervision training requirement;
of someone who has successfully com- (4) The name and address of the orga-
pleted the certificate holder’s approved nization providing the training; and
initial or recurrent hazardous mate-
(5) A copy of the certification issued
rials training program in accordance
when the individual was trained, which
with this part. This exception applies
shows that a test has been completed
only to those persons who load air-
satisfactorily.
craft.
(d) New hire or new job function. Each
§ 121.1007 Hazardous materials train- certificate holder using a person under
ing records. the exception in § 121.1005(b) must
(a) General requirement. Each certifi- maintain a record for that person. The
cate holder must maintain a record of records must be available upon request
all training required by this part re- at the location where the trained per-
ceived within the preceding three years son performs or directly supervises the
for each person who performs or di- job function specified in § 121.1001(a).
rectly supervises a job function speci- Records may be maintained electroni-
fied in § 121.1001(a). The record must be cally and provided on location elec-
maintained during the time that the tronically. The record must include the
person performs or directly supervises following:
any of those job functions, and for 90 (1) A signed statement from an au-
days thereafter. These training records thorized representative of the certifi-
must be kept for direct employees of cate holder authorizing the use of the
the certificate holder, as well as inde- person in accordance with the excep-
pendent contractors, subcontractors, tion;
and any other person who performs or (2) The date of hire or change in job
directly supervises these job functions function;
for or on behalf of the certificate hold- (3) The person’s name and assigned
er. job function;
(b) Location of records. The certificate (4) The name of the supervisor of the
holder must retain the training records job function; and
required by paragraph (a) of this sec- (5) The date the person is to complete
tion for all initial and recurrent train- hazardous materials training in accord-
ing received within the preceding 3 ance with appendix O of this part.
years for all persons performing or di-
rectly supervising the job functions Subpart AA—Continued Airworthi-
listed in Appendix O at a designated lo- ness and Safety Improve-
cation. The records must be available
upon request at the location where the
ments
trained person performs or directly su-
pervises the job function specified in SOURCE: Amdt. 121–336, 72 FR 63411, Nov. 8,
§ 121.1001(a). Records may be main- 2007, unless otherwise noted.
tained electronically and provided on
location electronically. When the per- § 121.1101 Purpose and definition.
son ceases to perform or directly super- (a) This subpart requires persons
vise a hazardous materials job func- holding an air carrier or operating cer-
spaschal on DSKJM0X7X2PROD with CFR

tion, the certificate holder must retain tificate under part 119 of this chapter
the hazardous materials training to support the continued airworthiness
records for an additional 90 days and of each airplane. These requirements

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Federal Aviation Administration, DOT § 121.1105

may include, but are not limited to, re- the airplane’s 15th year in service and
vising the maintenance program, incor- thereafter at intervals not to exceed 7
porating design changes, and incor- years.
porating revisions to Instructions for (c) Unforeseen schedule conflict. In the
Continued Airworthiness. event of an unforeseen scheduling con-
(b) [Reserved] flict for a specific airplane, the Admin-
[Amdt. 121–336, 72 FR 63411, Nov. 8, 2007, as istrator may approve an extension of
amended by Docket FAA–2018–0119, Amdt. up to 90 days beyond an interval speci-
121–380, 83 FR 9173, Mar. 5, 2018] fied in paragraph (b) of this section.
(d) Airplane and records availability.
§ 121.1103 [Reserved] The certificate holder must make
available to the Administrator each
§ 121.1105 Aging airplane inspections airplane for which an inspection and
and records reviews.
records review is required under this
(a) Applicability. This section applies section, in a condition for inspection
to all airplanes operated by a certifi- specified by the Administrator, to-
cate holder under this part, except for gether with records containing the fol-
those airplanes operated between any lowing information:
point within the State of Alaska and (1) Total years in service of the air-
any other point within the State of plane;
Alaska. (2) Total time in service of the air-
(b) Operation after inspection and frame;
records review. After the dates specified (3) Total flight cycles of the air-
in this paragraph, a certificate holder frame;
may not operate an airplane under this
(4) Date of the last inspection and
part unless the Administrator has noti-
records review required by this section;
fied the certificate holder that the Ad-
(5) Current status of life-limited
ministrator has completed the aging
parts of the airframe;
airplane inspection and records review
required by this section. During the in- (6) Time since the last overhaul of all
spection and records review, the cer- structural components required to be
tificate holder must demonstrate to overhauled on a specific time basis;
the Administrator that the mainte- (7) Current inspection status of the
nance of age-sensitive parts and com- airplane, including the time since the
ponents of the airplane has been ade- last inspection required by the inspec-
quate and timely enough to ensure the tion program under which the airplane
highest degree of safety. is maintained;
(1) Airplanes exceeding 24 years in serv- (8) Current status of applicable air-
ice on December 8, 2003; initial and repet- worthiness directives, including the
itive inspections and records reviews. For date and methods of compliance, and if
an airplane that has exceeded 24 years the airworthiness directive involves re-
in service on December 8, 2003, no later curring action, the time and date when
than December 5, 2007, and thereafter the next action is required;
at intervals not to exceed 7 years. (9) A list of major structural alter-
(2) Airplanes exceeding 14 years in serv- ations; and
ice but not 24 years in service on Decem- (10) A report of major structural re-
ber 8, 2003; initial and repetitive inspec- pairs and the current inspection status
tions and records reviews. For an air- for those repairs.
plane that has exceeded 14 years in (e) Notification to Administrator. Each
service but not 24 years in service on certificate holder must notify the Ad-
December 8, 2003, no later than Decem- ministrator at least 60 days before the
ber 4, 2008, and thereafter at intervals date on which the airplane and air-
not to exceed 7 years. plane records will be made available
(3) Airplanes not exceeding 14 years in for the inspection and records review.
service on December 8, 2003; initial and re- [Doc. No. FAA–1999–5401, 67 FR 72761, Dec. 6,
petitive inspections and records reviews. 2002, as amended by Amdt. 121–284, 70 FR
spaschal on DSKJM0X7X2PROD with CFR

For an airplane that has not exceeded 5532, Feb. 2, 2005; Amdt. 121–310, 70 FR 23936,
14 years in service on December 8, 2003, May 6, 2005. Redesignated by Amdt. 121–336,
no later than 5 years after the start of 72 FR 63412, Nov. 8, 2007]

249

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§ 121.1107 14 CFR Ch. I (1–1–21 Edition)

§ 121.1107 Repairs assessment for pres- (10) For all models of the McDonnell
surized fuselages. Douglas DC–10, the flight cycle imple-
(a) No certificate holder may operate mentation time is 30,000 flights.
an Airbus Model A300 (excluding the (11) For all models of the Lockheed
–600 series), British Aerospace Model L–1011, the flight cycle implementation
BAC 1–11, Boeing Model 707, 720, 727, time is 27,000 flights.
737, or 747, McDonnell Douglas Model (12) For the Fokker F–28 Mark 1000,
DC–8, DC–9/MD–80 or DC–10, Fokker 2000, 3000, and 4000, the flight cycle im-
Model F28, or Lockheed Model L–1011 plementation time is 60,000 flights.
airplane beyond the applicable flight (b) [Reserved]
cycle implementation time specified [Doc. No. 29104, 65 FR 24125, Apr. 25, 2000; 65
below, or May 25, 2001, whichever oc- FR 50744, Aug. 21, 2000, as amended by Amdt.
curs later, unless operations specifica- 121–282, 66 FR 23130, May 7, 2001; ; Amdt. 121–
tions have been issued to reference re- 305, 69 FR 45942, July 30, 2004. Redesignated
pair assessment guidelines applicable and amended by Amdt. 121–336, 72 FR 63412,
Nov. 8, 2007; Docket FAA–2018–0119, Amdt.
to the fuselage pressure boundary (fu- 121–380, 83 FR 9173, Mar. 5, 2018]
selage skin, door skin, and bulkhead
webs), and those guidelines are incor- § 121.1109 Supplemental inspections.
porated in its maintenance program.
The repair assessment guidelines must (a) Applicability. Except as specified
be approved by the responsible Aircraft in paragraph (b) of this section, this
Certification Service office for the type section applies to transport category,
certificate for the affected airplane. turbine powered airplanes with a type
certificate issued after January 1, 1958,
(1) For the Airbus Model A300 (ex-
that as a result of original type certifi-
cluding the –600 series), the flight cycle
cation or later increase in capacity
implementation time is:
have—
(i) Model B2: 36,000 flights.
(1) A maximum type certificated pas-
(ii) Model B4–100 (including Model senger seating capacity of 30 or more;
B4–2C): 30,000 flights above the window or
line, and 36,000 flights below the win- (2) A maximum payload capacity of
dow line. 7,500 pounds or more.
(iii) Model B4–200: 25,500 flights above (b) Exception. This section does not
the window line, and 34,000 flights apply to an airplane operated by a cer-
below the window line. tificate holder under this part between
(2) For all models of the British Aero- any point within the State of Alaska
space BAC 1–11, the flight cycle imple- and any other point within the State of
mentation time is 60,000 flights. Alaska.
(3) For all models of the Boeing 707, (c) General requirements. After Decem-
the flight cycle implementation time is ber 20, 2010, a certificate holder may
15,000 flights. not operate an airplane under this part
(4) For all models of the Boeing 720, unless the following requirements have
the flight cycle implementation time is been met:
23,000 flights. (1) Baseline Structure. The certificate
(5) For all models of the Boeing 727, holder’s maintenance program for the
the flight cycle implementation time is airplane includes FAA-approved dam-
45,000 flights. age-tolerance-based inspections and
(6) For all models of the Boeing 737, procedures for airplane structure sus-
the flight cycle implementation time is ceptible to fatigue cracking that could
60,000 flights. contribute to a catastrophic failure.
(7) For all models of the Boeing 747, For the purpose of this section, this
the flight cycle implementation time is structure is termed ‘‘fatigue critical
15,000 flights. structure.’’
(8) For all models of the McDonnell (2) Adverse effects of repairs, alter-
Douglas DC–8, the flight cycle imple- ations, and modifications. The mainte-
mentation time is 30,000 flights. nance program for the airplane in-
spaschal on DSKJM0X7X2PROD with CFR

(9) For all models of the McDonnell cludes a means for addressing the ad-
Douglas DC–9/MD–80, the flight cycle verse effects repairs, alterations, and
implementation time is 60,000 flights. modifications may have on fatigue

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Federal Aviation Administration, DOT § 121.1113

critical structure and on inspections ply with paragraph H25.4 and all of
required by paragraph (c)(1) of this sec- paragraph H25.5.
tion. The means for addressing these (d) After March 10, 2011, before re-
adverse effects must be approved by turning an airplane to service after any
the responsible Aircraft Certification alterations for which EWIS ICA are de-
Service office. veloped, the certificate holder must in-
(3) Changes to maintenance program. clude in the airplane’s maintenance
The changes made to the maintenance program inspections and procedures for
program required by paragraphs (c)(1) EWIS based on those ICA.
and (c)(2) of this section, and any later (e) The EWIS maintenance program
revisions to these changes, must be changes identified in paragraphs (c)
submitted to the Principal Mainte- and (d) of this section and any later
nance Inspector for review and ap- EWIS revisions must be submitted to
proval. the Principal Inspector for review and
approval.
[Doc. No. FAA–1999–5401, 70 FR 5532, Feb. 2, (f) This section does not apply to the
2005. Redesignated by Amdt. 121–336, 72 FR following airplane models:
63412, Nov. 8, 2007; Amdt. 121–337, 72 FR 70508,
(1) Lockheed L–188
Dec. 12, 2007; Docket FAA–2018–0119, Amdt.
121–380, 83 FR 9173, Mar. 5, 2018]
(2) Bombardier CL–44
(3) Mitsubishi YS–11
§ 121.1111 Electrical wiring inter- (4) British Aerospace BAC 1–11
connection systems (EWIS) mainte- (5) Concorde
nance program. (6) deHavilland D.H. 106 Comet 4C
(7) VFW-Vereinigte Flugtechnische
(a) Except as provided in paragraph Werk VFW–614
(f) of this section, this section applies (8) Illyushin Aviation IL 96T
to transport category, turbine-powered (9) Bristol Aircraft Britannia 305
airplanes with a type certificate issued (10) Handley Page Herald Type 300
after January 1, 1958, that, as a result (11) Avions Marcel Dassault—Breguet
of original type certification or later Aviation Mercure 100C
increase in capacity, have— (12) Airbus Caravelle
(1) A maximum type-certificated pas- (13) Lockheed L–300
senger capacity of 30 or more, or
[Amdt. 121–336, 72 FR 63411, Nov. 8, 2007, as
(2) A maximum payload capacity of
amended by Docket FAA–2018–0119, Amdt.
7500 pounds or more. 121–380, 83 FR 9173, Mar. 5, 2018]
(b) After March 10, 2011, no certifi-
cate holder may operate an airplane § 121.1113 Fuel tank system mainte-
identified in paragraph (a) of this sec- nance program.
tion unless the maintenance program (a) Except as provided in paragraph
for that airplane includes inspections (g) of this section, this section applies
and procedures for electrical wiring to transport category, turbine-powered
interconnection systems (EWIS). airplanes with a type certificate issued
(c) The proposed EWIS maintenance after January 1, 1958, that, as a result
program changes must be based on of original type certification or later
EWIS Instructions for Continued Air- increase in capacity, have—
worthiness (ICA) that have been devel- (1) A maximum type-certificated pas-
oped in accordance with the provisions senger capacity of 30 or more, or
of Appendix H of part 25 of this chapter (2) A maximum payload capacity of
applicable to each affected airplane (in- 7500 pounds or more.
cluding those ICA developed for supple- (b) For each airplane on which an
mental type certificates installed on auxiliary fuel tank is installed under a
each airplane) and that have been ap- field approval, before June 16, 2008, the
proved by the responsible Aircraft Cer- certificate holder must submit to the
tification Service office. responsible Aircraft Certification Serv-
(1) For airplanes subject to § 26.11 of ice office proposed maintenance in-
this chapter, the EWIS ICA must com- structions for the tank that meet the
spaschal on DSKJM0X7X2PROD with CFR

ply with paragraphs H25.5(a)(1) and (b). requirements of Special Federal Avia-
(2) For airplanes subject to § 25.1729 of tion Regulation No. 88 (SFAR 88) of
this chapter, the EWIS ICA must com- this chapter.

251

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§ 121.1115 14 CFR Ch. I (1–1–21 Edition)

(c) After December 16, 2008, no certifi- transport category, turbine-powered


cate holder may operate an airplane airplane with a maximum takeoff gross
identified in paragraph (a) of this sec- weight greater than 75,000 pounds and a
tion unless the maintenance program type certificate issued after January 1,
for that airplane has been revised to in- 1958, regardless of whether the max-
clude applicable inspections, proce- imum takeoff gross weight is a result
dures, and limitations for fuel tanks of an original type certificate or a
systems. later design change. This section also
(d) The proposed fuel tank system applies to certificate holders operating
maintenance program revisions must any transport category, turbine-pow-
be based on fuel tank system Instruc- ered airplane with a type certificate
tions for Continued Airworthiness issued after January 1, 1958, regardless
(ICA) that have been developed in ac- of the maximum takeoff gross weight,
cordance with the applicable provisions for which a limit of validity of the en-
of SFAR 88 of this chapter or § 25.1529 gineering data that supports the struc-
and part 25, Appendix H, of this chap- tural maintenance program (hereafter
ter, in effect on June 6, 2001 (including referred to as LOV) is required in ac-
those developed for auxiliary fuel cordance with § 25.571 or § 26.21 of this
tanks, if any, installed under supple- chapter after January 14, 2011.
mental type certificates or other de- (b) Limit of validity. No certificate
sign approval) and that have been ap- holder may operate an airplane identi-
proved by the responsible Aircraft Cer- fied in paragraph (a) of this section
tification Service office. after the applicable date identified in
(e) After December 16, 2008, before re- Table 1 of this section unless an Air-
turning an aircraft to service after any worthiness Limitations section ap-
alteration for which fuel tank ICA are proved under Appendix H to part 25 or
developed under SFAR 88 or under § 26.21 of this chapter is incorporated
§ 25.1529 in effect on June 6, 2001, the into its maintenance program. The
certificate holder must include in the ALS must—
maintenance program for the airplane
(1) Include an LOV approved under
inspections and procedures for the fuel
§ 25.571 or § 26.21 of this chapter, as ap-
tank system based on those ICA.
plicable, except as provided in para-
(f) The fuel tank system maintenance
graph (f) of this section; and
program changes identified in para-
graphs (d) and (e) of this section and (2) Be clearly distinguishable within
any later fuel tank system revisions its maintenance program.
must be submitted to the Principal In- (c) Operation of airplanes excluded
spector for review and approval. from § 26.21. No certificate holder may
(g) This section does not apply to the operate an airplane identified in
following airplane models: § 26.21(g) of this chapter after July 14,
(1) Bombardier CL–44 2013, unless an Airworthiness Limita-
(2) Concorde tions section approved under Appendix
(3) deHavilland D.H. 106 Comet 4C H to part 25 or § 26.21 of this chapter is
(4) VFW–Vereinigte Flugtechnische incorporated into its maintenance pro-
Werk VFW–614 gram. The ALS must—
(5) Illyushin Aviation IL 96T (1) Include an LOV approved under
(6) Bristol Aircraft Britannia 305 § 25.571 or § 26.21 of this chapter, as ap-
(7) Handley Page Herald Type 300 plicable, except as provided in para-
(8) Avions Marcel Dassault—Breguet graph (f) of this section; and
Aviation Mercure 100C (2) Be clearly distinguishable within
(9) Airbus Caravelle its maintenance program.
(10) Lockheed L–300 (d) Extended limit of validity. No cer-
[Amdt. 121–336, 72 FR 63411, Nov. 8, 2007, as tificate holder may operate an airplane
amended by Docket FAA–2018–0119, Amdt. beyond the LOV, or extended LOV,
121–380, 83 FR 9173, Mar. 5, 2018] specified in paragraph (b)(1), (c), (d), or
(f) of this section, as applicable, unless
spaschal on DSKJM0X7X2PROD with CFR

§ 121.1115 Limit of validity. the following conditions are met:


(a) Applicability. This section applies (1) An ALS must be incorporated into
to certificate holders operating any its maintenance program that—

252

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Federal Aviation Administration, DOT § 121.1115

(i) Includes an extended LOV and any quired by paragraphs (b), (c), and (d) of
widespread fatigue damage airworthi- this section to the Principal Mainte-
ness limitation items approved under nance Inspector for review and ap-
§ 26.23 of this chapter; and proval.
(ii) Is approved under § 26.23 of this (f) Exception. For any airplane for
chapter. which an LOV has not been approved as
(2) The extended LOV and the air- of the applicable compliance date spec-
worthiness limitation items pertaining ified in paragraph (c) or Table 1 of this
to widespread fatigue damage must be
section, instead of including an ap-
clearly distinguishable within its
proved LOV in the ALS, an operator
maintenance program.
(e) Principal Maintenance Inspector ap- must include the applicable default
proval. Certificate holders must submit LOV specified in Table 1 or Table 2 of
the maintenance program revisions re- this section, as applicable, in the ALS.

TABLE 1—AIRPLANES SUBJECT TO § 26.21


Compliance date— Default LOV
Airplane model months after Janu- [flight cycles (FC)
ary 14, 2011 or flight hours (FH)]

Airbus—Existing 1 Models Only:


A300 B2–1A, B2–1C, B2K–3C, B2–203 .................................................... 30 .......................... 48,000 FC
A300 B4–2C, B4–103 ................................................................................ 30 .......................... 40,000 FC
A300 B4–203 ............................................................................................. 30 .......................... 34,000 FC
A300–600 Series ........................................................................................ 60 .......................... 30,000 FC/67,500 FH
A310–200 Series ........................................................................................ 60 .......................... 40,000 FC/60,000 FH
A310–300 Series ........................................................................................ 60 .......................... 35,000 FC/60,000 FH
A318 Series ................................................................................................ 60 .......................... 48,000 FC/60,000 FH
A319 Series ................................................................................................ 60 .......................... 48,000 FC/60,000 FH
A320–100 Series ........................................................................................ 60 .......................... 48,000 FC/48,000 FH
A320–200 Series ........................................................................................ 60 .......................... 48,000 FC/60,000 FH
A321 Series ................................................................................................ 60 .......................... 48,000 FC/60,000 FH
A330–200, –300 Series (except WV050 family) (non enhanced) ............. 60 .......................... 40,000 FC/60,000 FH
A330–200, –300 Series WV050 family (enhanced) .................................. 60 .......................... 33,000 FC/100,000 FH
A330–200 Freighter Series ........................................................................ 60 .......................... See NOTE.
A340–200, –300 Series (except WV 027 and WV050 family) (non en- 60 .......................... 20,000 FC/80,000 FH
hanced).
A340–200, –300 Series WV 027 (non enhanced) ..................................... 60 .......................... 30,000 FC/60,000 FH
A340–300 Series WV050 family (enhanced) ............................................. 60 .......................... 20,000 FC/100,000 FH
A340–500, –600 Series ............................................................................. 60 .......................... 16,600 FC/100,000 FH
A380–800 Series ........................................................................................ 72 .......................... See NOTE.
Boeing—Existing 1 Models Only:
717 ............................................................................................................. 60 .......................... 60,000 FC/60,000 FH
727 (all series) ........................................................................................... 30 .......................... 60,000 FC
737 (Classics): 737–100, –200, –200C, –300, –400, –500 ....................... 30 .......................... 75,000 FC
737 (NG): 737–600, –700, –700C, –800, –900, –900ER .......................... 60 .......................... 75,000 FC
747 (Classics): 747–100, –100B, –100B SUD, –200B, –200C, –200F, 30 .......................... 20,000 FC
–300, 747SP, 747SR.
747–400: 747–400, –400D, –400F ............................................................ 60 .......................... 20,000 FC
757 ............................................................................................................. 60 .......................... 50,000 FC
767 ............................................................................................................. 60 .......................... 50,000 FC
777–200, –300 ........................................................................................... 60 .......................... 40,000 FC
777–200LR, 777–300ER ............................................................................ 72 .......................... 40,000 FC
777F ........................................................................................................... 72 .......................... 11,000 FC
Bombardier—Existing 1 Models Only:
CL–600: 2D15 (Regional Jet Series 705), 2D24 (Regional Jet Series 72 .......................... 60,000 FC
900).
Embraer—Existing 1 Models Only:
ERJ 170 ..................................................................................................... 72 .......................... See NOTE.
ERJ 190 ..................................................................................................... 72 .......................... See NOTE.
Fokker—Existing 1 Models Only:
F.28 Mark 0070, Mark 0100 ...................................................................... 30 .......................... 90,000 FC
Lockheed—Existing 1 Models Only:
L–1011 ....................................................................................................... 30 .......................... 36,000 FC
188 ............................................................................................................. 30 .......................... 26,600 FC
382 (all series) ........................................................................................... 30 .......................... 20,000 FC/50,000 FH
McDonnell Douglas—Existing 1 Models Only:
DC–8, –8F .................................................................................................. 30 .......................... 50,000 FC/50,000 FH
spaschal on DSKJM0X7X2PROD with CFR

DC–9 (except for MD–80 models) ............................................................. 30 .......................... 100,000 FC/100,000


FH
MD–80 (DC–9–81, –82, –83, –87, MD–88) ............................................... 30 .......................... 50,000 FC/50,000 FH
MD–90 ........................................................................................................ 60 .......................... 60,000 FC/90,000 FH

253

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§ 121.1115 14 CFR Ch. I (1–1–21 Edition)

TABLE 1—AIRPLANES SUBJECT TO § 26.21—Continued


Compliance date— Default LOV
Airplane model months after Janu- [flight cycles (FC)
ary 14, 2011 or flight hours (FH)]

DC–10–10, –15 .......................................................................................... 30 .......................... 42,000 FC/60,000 FH


DC–10–30, –40, –10F, –30F, –40F ........................................................... 30 .......................... 30,000 FC/60,000 FH
MD–10–10F ................................................................................................ 60 .......................... 42,000 FC/60,000 FH
MD–10–30F ................................................................................................ 60 .......................... 30,000 FC/60,000 FH
MD–11, MD–11F ........................................................................................ 60 .......................... 20,000 FC/60,000 FH
Maximum Takeoff Gross Weight Changes:
All airplanes whose maximum takeoff gross weight has been decreased 30, or within 12 Not applicable.
to 75,000 pounds or below after January 14, 2011, or increased to months after the
greater than 75,000 pounds at any time by an amended type certifi- LOV is ap-
cate or supplemental type certificate. proved, or be-
fore operating
the airplane,
whichever oc-
curs latest.
All Other Airplane Models (TCs and amended TCs) not Listed in Table 2 ............. 72, or within 12 Not applicable.
months after the
LOV is ap-
proved, or be-
fore operating
the airplane,
whichever oc-
curs latest.
1 Type certificated as of January 14, 2011.
Note: Airplane operation limitation is stated in the Airworthiness Limitation section.
NOTE: Airplane operation limitation is stated in the Airworthiness Limitation section.

TABLE 2—AIRPLANES EXCLUDED FROM § 26.21


Default LOV
Airplane model [flight cycles (FC)
or flight hours (FH)]

Airbus:
Caravelle .......................................................................................................................... 15,000 FC/24,000 FH
Avions Marcel Dassault:
Breguet Aviation Mercure 100C ....................................................................................... 20,000 FC/16,000 FH
Boeing:
Boeing 707 (-100 Series and –200 Series) ..................................................................... 20,000 FC
Boeing 707 (-300 Series and –400 Series) ..................................................................... 20,000 FC
Boeing 720 ....................................................................................................................... 30,000 FC
Bombardier:
CL–44D4 and CL–44J ..................................................................................................... 20,000 FC
BD–700 ............................................................................................................................ 15,000 FH
Bristol Aeroplane Company:
Britannia 305 .................................................................................................................... 10,000 FC
British Aerospace Airbus, Ltd.:
BAC 1–11 (all models) ..................................................................................................... 85,000 FC
British Aerospace (Commercial Aircraft) Ltd.:
Armstrong Whitworth Argosy A.W. 650 Series 101 ........................................................ 20,000 FC
BAE Systems (Operations) Ltd.:
BAe 146–100A (all models) ............................................................................................. 50,000 FC
BAe 146–200–07 ............................................................................................................. 50,000 FC
BAe 146–200–07 Dev ...................................................................................................... 50,000 FC
BAe 146–200–11 ............................................................................................................. 50,000 FC
BAe 146–200–07A ........................................................................................................... 47,000 FC
BAe 146–200–11 Dev ...................................................................................................... 43,000 FC
BAe 146–300 (all models) ............................................................................................... 40,000 FC
Avro 146–RJ70A (all models) .......................................................................................... 40,000 FC
Avro 146–RJ85A and 146–RJ100A (all models) ............................................................. 50,000 FC
D & R Nevada, LLC:
Convair Model 22 ............................................................................................................. 1,000 FC/1,000 FH
Convair Model 23M .......................................................................................................... 1,000 FC/1,000 FH
deHavilland Aircraft Company, Ltd.:
D.H. 106 Comet 4C ......................................................................................................... 8,000 FH
Gulfstream:
spaschal on DSKJM0X7X2PROD with CFR

GV .................................................................................................................................... 40,000 FH
GV–SP ............................................................................................................................. 40,000 FH
Ilyushin Aviation Complex:
IL–96T .............................................................................................................................. 10,000 FC/30,000 FH

254

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Federal Aviation Administration, DOT § 121.1117

TABLE 2—AIRPLANES EXCLUDED FROM § 26.21—Continued


Default LOV
Airplane model [flight cycles (FC)
or flight hours (FH)]

Lockheed:
300–50A01 (USAF C 141A) ............................................................................................ 20,000 FC

[Doc. No. FAA–2006–24281, 75 FR 69785, Nov. 15, 2010, as amended by Amdt. 121–360, 77 FR 30878,
May 24, 2012; Admt. 121–360A, 77 FR 55105, Sept. 7, 2012]

§ 121.1117 Flammability reduction (2) The certificate holder installs


means. Flammability Impact Mitigation
(a) Applicability. Except as provided Means (FIMM), if applicable, that is
in paragraph (o) of this section, this approved by the responsible Aircraft
section applies to transport category, Certification Service office.
turbine-powered airplanes with a type (3) Except in accordance with
certificate issued after January 1, 1958, § 121.628, the FIMM, if applicable, is
that, as a result of original type cer- operational.
tification or later increase in capacity (d) Retrofit. Except as provided in
have: paragraphs (j), (k), and (l) of this sec-
(1) A maximum type-certificated pas- tion, after the dates specified in para-
senger capacity of 30 or more, or graph (e) of this section, no certificate
holder may operate an airplane to
(2) A maximum payload capacity of
which this section applies unless the
7,500 pounds or more.
requirements of paragraphs (d)(1) and
(b) New Production Airplanes. Except (d)(2) of this section are met.
in accordance with § 121.628, no certifi-
(1) IMM, FRM or FIMM, if required
cate holder may operate an airplane
by §§ 26.33, 26.35, or 26.37 of this chapter,
identified in Table 1 of this section (in-
that are approved by the responsible
cluding all-cargo airplanes) for which
Aircraft Certification Service office,
the State of Manufacture issued the
are installed within the compliance
original certificate of airworthiness or
times specified in paragraph (e) of this
export airworthiness approval after De-
section.
cember 27, 2010 unless an Ignition Miti-
(2) Except in accordance with
gation Means (IMM) or Flammability
§ 121.628, the IMM, FRM or FIMM, as
Reduction Means (FRM) meeting the
applicable, are operational.
requirements of § 26.33 of this chapter is
operational. (e) Compliance Times. Except as pro-
vided in paragraphs (k) and (l) of this
TABLE 1 section, the installations required by
paragraph (d) of this section must be
Model—Boeing Model—Airbus accomplished no later than the appli-
cable dates specified in paragraph
747 Series A318, A319, A320, A321 Series
737 Series A330, A340 Series
(e)(1), (e)(2), or (e)(3) of this section.
777 Series (1) Fifty percent of each certificate
767 Series holder’s fleet identified in paragraph
(d)(1) of this section must be modified
(c) Auxiliary Fuel Tanks. After the ap- no later than December 26, 2014.
plicable date stated in paragraph (e) of (2) One hundred percent of each cer-
this section, no certificate holder may tificate holder’s fleet identified in
operate any airplane subject to § 26.33 paragraph (d)(1) of this section must be
of this chapter that has an Auxiliary modified no later than December 26,
Fuel Tank installed pursuant to a field 2017.
approval, unless the following require- (3) For those certificate holders that
ments are met: have only one airplane of a model iden-
spaschal on DSKJM0X7X2PROD with CFR

(1) The certificate holder complies tified in Table 1 of this section, the air-
with 14 CFR 26.35 by the applicable plane must be modified no later than
date stated in that section. December 26, 2017.

255

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§ 121.1117 14 CFR Ch. I (1–1–21 Edition)

(f) Compliance After Installation. Ex- § 121.133 to include a requirement for


cept in accordance with § 121.628, no the airplane models specified in Table 2
certificate holder may— of this section to use ground air condi-
(1) Operate an airplane on which IMM tioning systems for actual gate times
or FRM has been installed before the of more than 30 minutes, when avail-
dates specified in paragraph (e) of this able at the gate and operational, when-
section unless the IMM or FRM is oper- ever the ambient temperature exceeds
ational, or 60 degrees Fahrenheit; and
(2) Deactivate or remove an IMM or (3) Thereafter, the certificate holder
FRM once installed unless it is re- uses ground air conditioning systems
placed by a means that complies with as described in paragraph (k)(2) of this
paragraph (d) of this section. section on each airplane subject to the
(g) Maintenance Program Revisions. No extension.
certificate holder may operate an air-
plane for which airworthiness limita- TABLE 2
tions have been approved by the re- Model—Boeing Model—Airbus
sponsible Aircraft Certification Service
office in accordance with §§ 26.33, 26.35, 747 Series A318, A319, A320, A321 Series
737 Series A300, A310 Series
or 26.37 of this chapter after the air- 777 Series A330, A340 Series
plane is modified in accordance with 767 Series
paragraph (d) of this section unless the 757 Series
maintenance program for that airplane
is revised to include those applicable (l) For any certificate holder for
airworthiness limitations. which the operating certificate is
(h) After the maintenance program is issued after December 26, 2008, the com-
revised as required by paragraph (g) of pliance date specified in paragraph (e)
this section, before returning an air- of this section may be extended by one
plane to service after any alteration year, provided that the certificate
for which airworthiness limitations are holder meets the requirements of para-
required by §§ 25.981, 26.33, or 26.37 of graph (k)(2) of this section when its ini-
this chapter, the certificate holder tial operations specifications are
must revise the maintenance program issued and, thereafter, uses ground air
for the airplane to include those air- conditioning systems as described in
worthiness limitations. paragraph (k)(2) of this section on each
(i) The maintenance program airplane subject to the extension.
changes identified in paragraphs (g) (m) After the date by which any per-
and (h) of this section must be sub- son is required by this section to mod-
mitted to the operator’s Principal ify 100 percent of the affected fleet, no
Maintenance Inspector responsible for certificate holder may operate in pas-
review and approval prior to incorpora- senger service any airplane model spec-
tion. ified in Table 2 of this section unless
(j) The requirements of paragraph (d) the airplane has been modified to com-
of this section do not apply to air- ply with § 26.33(c) of this chapter.
planes operated in all-cargo service, (n) No certificate holder may operate
but those airplanes are subject to para- any airplane on which an auxiliary fuel
graph (f) of this section. tank is installed after December 26,
(k) The compliance dates specified in 2017 unless the FAA has certified the
paragraph (e) of this section may be ex- tank as compliant with § 25.981 of this
tended by one year, provided that— chapter, in effect on December 26, 2008.
(1) No later than March 26, 2009, the (o) Exclusions. The requirements of
certificate holder notifies its respon- this section do not apply to the fol-
sible Flight Standards office or Prin- lowing airplane models:
cipal Inspector that it intends to com- (1) Convair CV–240, 340, 440, including
ply with this paragraph; turbine powered conversions.
(2) No later than June 24, 2009, the (2) Lockheed L–188 Electra.
certificate holder applies for an amend- (3) Vickers VC–10.
spaschal on DSKJM0X7X2PROD with CFR

ment to its operations specification in (4) Douglas DC–3, including turbine


accordance with § 119.51 of this chapter powered conversions.
and revises the manual required by (5) Bombardier CL–44.

256

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Federal Aviation Administration, DOT § 121.1500

(6) Mitsubishi YS–11. §§ 121.1400–121.1499 [Reserved]


(7) BAC 1–11.
(8) Concorde. Subpart DD—Special Federal
(9) deHavilland D.H. 106 Comet 4C. Aviation Regulations
(10) VFW—Vereinigte Flugtechnische
VFW–614. § 121.1500 SFAR No. 111—Lavatory Ox-
(11) Illyushin Aviation IL 96T. ygen Systems.
(12) Bristol Aircraft Britannia 305. (a) Applicability. This SFAR applies
(13) Handley Page Herald Type 300. to the following persons:
(14) Avions Marcel Dassault—Breguet (1) All operators of transport cat-
Aviation Mercure 100C. egory airplanes that are required to
(15) Airbus Caravelle. comply with AD 2012–11–09, but only for
(16) Fokker F–27/Fairchild Hiller FH– airplanes on which the actions required
227. by that AD have not been accom-
plished.
(17) Lockheed L–300.
(2) Applicants for airworthiness cer-
[Doc. No. FAA–2005–22997, 73 FR 42501, July tificates.
21, 2008, as amended by Amdt. 121–345, 74 FR (3) Holders of production certificates.
31619, July 2, 2009; Docket FAA–2018–0119, (4) Applicants for type certificates,
Amdt. 121–380, 83 FR 9173, Mar. 5, 2018] including changes to type certificates.
(b) Regulatory relief. Except as noted
§ 121.1119 Fuel tank vent explosion
protection. in paragraph (d) of this section and
contrary provisions of 14 CFR part 21,
(a) Applicability. This section applies and 14 CFR 25.1447, 119.51, 121.329,
to transport category, turbine-powered 121.333 and 129.13, notwithstanding, for
airplanes with a type certificate issued the duration of this SFAR:
after January 1, 1958, that have: (1) A person described in paragraph
(1) A maximum type-certificated pas- (a) of this section may conduct flight
senger capacity of 30 or more; or operations and add airplanes to oper-
(2) A maximum payload capacity of ations specifications with disabled lav-
7,500 pounds or more. atory oxygen systems, modified in ac-
(b) New production airplanes. No cer- cordance with FAA Airworthiness Di-
tificate holder may operate an airplane rective 2011–04–09, subject to the fol-
for which the State of Manufacture lowing limitations:
issued the original certificate of air- (i) This relief is limited to regulatory
compliance of lavatory oxygen sys-
worthiness or export airworthiness ap-
tems.
proval after August 23, 2018 unless
(ii) Within 30 days of March 29, 2013,
means, approved by the Administrator,
all oxygen masks must be removed
to prevent fuel tank explosions caused from affected lavatories, and the mask
by propagation of flames from outside stowage location must be reclosed.
the fuel tank vents into the fuel tank (iii) Within 60 days of March 29, 2013
vapor spaces are installed and oper- each affected operator must verify that
ational. crew emergency procedures specifically
[Docket FAA–2014–0500, Amdt. 121–375, 81 FR include a visual check of the lavatory
41208, June 24, 2016] as a priority when checking the cabin
following any event where oxygen
masks were deployed in the cabin.
Subpart BB [Reserved] (2) An applicant for an airworthiness
§§ 121.1200–121.1399 [Reserved] certificate may obtain an airworthi-
ness certificate for airplanes to be op-
erated by a person described in para-
Subpart CC [Reserved] graph (a) of this section, although the
airplane lavatory oxygen system is dis-
abled.
spaschal on DSKJM0X7X2PROD with CFR

(3) A holder of a production certifi-


cate may apply for an airworthiness
certificate or approval for airplanes to

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Pt. 121, App. A 14 CFR Ch. I (1–1–21 Edition)

be operated by a person described in Contents Quantity


paragraph (a) of this section.
Antiseptic swabs .................................................... 20
(4) An applicant for a type certificate Ammonia inhalants ................................................ 10
or change to a type certificate may ob- Bandage compresses, 4-inch ................................ 8
tain a design approval without showing Triangular bandage compresses, 40-inch ............. 5
Arm splint, noninflatable ........................................ 1
compliance with § 25.1447(c)(1) of this Leg splint, noninflatable ......................................... 1
chapter for lavatory oxygen systems, Roller bandage, 4-inch .......................................... 4
in accordance with this SFAR. Adhesive tape, 1-inch standard roll ....................... 2
(5) Each person covered by paragraph Bandage scissors .................................................. 1
(a) of this section may inform pas-
3. Arm and leg splints which do not fit
sengers that the lavatories are not
within a first-aid kit may be stowed in a
equipped with supplemental oxygen. readily accessible location that is as near as
(c) Return to service documentation. practicable to the kit.
When a person described in paragraph
(a) of this section has modified air- EMERGENCY MEDICAL KITS
planes as required by Airworthiness Di- 1. Until April 12, 2004, at least one approved
rective 2011–04–09, the affected air- emergency medical kit that must contain at
planes must be returned to service with least the following appropriately maintained
a note in the airplane maintenance contents in the specified quantities:
records that the modification was done Contents Quantity
under the provisions of this SFAR.
(d) Expiration. This SFAR expires on Sphygmomanometer ........................................... 1
September 10, 2015, except this SFAR Stethoscope ......................................................... 1
Airways, cropharyngeal (3 sizes) ........................ 3
will continue to apply to any airplane Syringes (sizes necessary to administer re- 4
for which the FAA approves an exten- quired drugs).
sion of the AD compliance time for the Needles (sizes necessary to administer required 6
drugs).
duration of the extension. 50% Dextrose injection, 50cc .............................. 1
[Doc. No. FAA–2011–0186, 78 FR 5710, Jan. 28, Epinephrine 1:1000, single dose ampule or 2
equivalent).
2013] Diphenhydramine HC1 injection, single dose 2
ampule or equivalent.
Nitroglycerin tablets ............................................. 10
Basic instructions for use of the drugs in the kit 1
protective nonpermeable gloves or equivalent ... 1 pair
APPENDIX A TO PART 121—FIRST AID
KITS AND EMERGENCY MEDICAL KITS 2. As of April 12, 2004, at least one approved
Approved first-aid kits, at least one ap- emergency medical kit that must contain at
proved emergency medical kit, and at least least the following appropriately maintained
one approved automated external contents in the specified quantities:
defibrillator required under § 121.803 of this Contents Quantity
part must be readily accessible to the crew,
stored securely, and kept free from dust, Sphygmonanometer ............................................ 1
moisture, and damaging temperatures. Stethoscope ......................................................... 1
Airways, oropharyngeal (3 sizes): 1 pediatric, 1 3
FIRST-AID KITS small adult, 1 large adult or equivalent.
Self-inflating manual resuscitation device with 3 1:3 masks
1. The minimum number of first aid kits masks (1 pediatric, 1 small adult, 1 large adult
required is set forth in the following table: or equivalent).
CPR mask (3 sizes), 1 pediatric, 1 small adult, 1 3
No. of large adult, or equivalent.
No. of passenger seats first-aid IV Admin Set: Tubing w/ 2 Y connectors ............ 1
kits Alcohol sponges .................................... 2
Adhesive tape, 1-inch standard roll ad- 1
0–50 ....................................................................... 1
hesive.
51–150 ................................................................... 2
Tape scissors ........................................ 1 pair
151–250 ................................................................. 3
More than 250 ....................................................... 4 Tourniquet ............................................. 1
Saline solution, 500 cc ........................................ 1
Protective nonpermeable gloves or equivalent ... 1 pair
2. Except as provided in paragraph (3), each Needles (2–18 ga., 2–20 ga., 2–22 ga., or sizes 6
approved first-aid kit must contain at least necessary to administer required medications).
the following appropriately maintained con- Syringes (1–5 cc, 2–10 cc, or sizes necessary 4
tents in the specified quantities: to administer required medications).
spaschal on DSKJM0X7X2PROD with CFR

Analgesic, non-narcotic, tablets, 325 mg ............ 4


Contents Quantity Antihistamine tablets, 25 mg ............................... 4
Antihistamine injectable, 50 mg, (single dose 2
Adhesive bandage compresses, 1-inch ................ 16 ampule or equivalent).

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Federal Aviation Administration, DOT Pt. 121, App. B

Contents Quantity States in accordance with Food and Drug


Administration requirements, that must:
Atropine, 0.5 mg, 5 cc (single dose ampule or 2 1. Be stored in the passenger cabin.
equivalent).
Aspirin tablets, 325 mg ........................................ 4 2. After April 30, 2005:
Bronchodilator, inhaled (metered dose inhaler or 1 (a) Have a power source that meets FAA
equivalent). Technical Standard Order requirements for
Dextrose, 50%/50 cc injectable, (single dose 1 power sources for electronic devices used in
ampule or equivalent).
Epinephrine 1:1000, 1 cc, injectable, (single 2 aviation as approved by the Administrator;
dose ampule or equivalent). or
Epinephrine 1:10,000, 2 cc, injectable, (single 2 (b) Have a power source that was manufac-
dose ampule or equivalent). tured before July 30, 2004, and been found by
Lidocaine, 5 cc, 20 mg/ml, injectable (single 2
dose ampule or equivalent).
the FAA to be equivalent to a power source
Nitroglycerin tablets, 0.4 mg ................................ 10 that meets the Technical Standard Order re-
Basic instructions for use of the drugs in the kit 1 quirements of paragraph (a) of this section.
3. Be maintained in accordance with the
3. If all of the above-listed items do not fit manufacturer’s specifications.
into one container, more than one container
may be used. [Doc. No. FAA–2000–7119, 66 FR 19044, Apr. 12,
2001, as amended by Amdt. 121–280, 69 FR
AUTOMATED EXTERNAL DEFIBRILLATORS 19762, Apr. 14, 2004; Amdt. 121–309, 70 FR 15196,
At least one approved automated external Mar. 24, 2005]
defibrillator, legally marketed in the United

APPENDIX B TO PART 121—AIRPLANE FLIGHT RECORDER SPECIFICATION


Accuracy sensor input to Sampling inter- Resolution 4
Parameters Range DFDR readout val (per second) readout

Time (GMT or Frame 24 Hrs ............................. ±0.125% Per Hour ................ 0.25 (1 per 4 1 sec.
Counter) (range 0 to 4095, seconds).
sampled 1 per frame).
Altitude .................................... ¥1,000 ft to max certifi- ±100 to ±700 ft (See Table 1, 1 ........................ 5′ to 35′ 1
cated altitude of air- TSO-C51a).
craft.
Airspeed ................................. 50 KIAS to V so, and V so ±5%, ±3% .............................. 1 ........................ 1 kt.
to 1.2VD.
Heading .................................. 360° ................................ ±2° ......................................... 1 ........................ 0.5°
Normal Acceleration (Vertical) ¥3g to + 6g ................... ±1% of max range excluding 8 ........................ 0.01g.
datum error of ±5%.
Pitch Attitude .......................... ±75° ................................ ±2° ......................................... 1 ........................ 0.5°
Roll Attitude ............................ ±180° .............................. ±2° ......................................... 1 ........................ 0.5°
Radio Transmitter Keying ....... On-Off (Discrete) ............ ±2° ......................................... ±2% ..................
Thrust/Power on Each Engine Full Range Forward ........ ±2° ......................................... 1 (per engine) ... 0.2% 2
Trailing Edge Flap or Cockpit Full Range or Each Dis- ±3° or as Pilot’s Indicator ...... 0.5 ..................... 0.5% 2
Control Selection. crete Position.
Leading Edge Flap or Cockpit Full Range or Each Dis- ±3° or as Pilot’s Indicator ...... 0.5 ..................... 0.5% 2
Control Selection. crete Position.
Thrust Reverser Position ........ Stowed, In Transit, and ................................................ 1 (per 4 sec-
Reverse (Discrete). onds per en-
gine).
Ground Spoiler Position/ Full Range or Each Dis- ±2% Unless Higher Accuracy 1 ........................ 0.2% 2.
Speed Brake Selection. crete Position. Uniquely Required.
Marker Beacon Passage ........ Discrete .......................... ................................................ 1 ........................
Autopilot Engagement ............ Discrete .......................... ................................................ 1 ........................
Longitudinal Acceleration ....... ±1g .................................. ±1.5% max range excluding 4 ........................ 0.01g.
datum error of ±5%.
Pilot Input and/or Surface Po- Full Range ...................... ±2° Unless Higher Accuracy 1 ........................ 0.2% 2.
sition—Primary Controls Uniquely Required.
(Pitch, Roll, Yaw) 3.
Lateral Acceleration ................ ±1g .................................. ±1.5% max range excluding 4 ........................ 0.01g.
datum error of ±5%.
Pitch Trim Position ................. Full Range ...................... ±3% Unless Higher Accuracy 1 ........................ 0.3% 2.
Uniquely Required.
Glideslope Deviation .............. ±400 Microamps ............. ±3% ....................................... 1 ........................ 0.3% 2.
Localizer Deviation ................. ±400 Microamps ............. ±3% ....................................... 1 ........................ 0.3% 2.
AFCS Mode and Engagement Discrete .......................... ................................................ 1 ........................
spaschal on DSKJM0X7X2PROD with CFR

Status.
Radio Altitude ......................... ¥20 ft to 2,500 ft ........... ±2 Ft or ±3% Whichever is 1 ........................ 1 ft + 5% 2
Greater Below 500 Ft and above 500′.
±5% Above 500 Ft.

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Pt. 121, App. C 14 CFR Ch. I (1–1–21 Edition)

Accuracy sensor input to Sampling inter- Resolution 4


Parameters Range DFDR readout val (per second) readout

Master Warning ...................... Discrete .......................... ................................................ 1 ........................


Main Gear Squat Switch Sta- Discrete .......................... ................................................ 1 ........................
tus.
Angle of Attack (if recorded di- As installed ..................... As installed ............................ 2 ........................ 0.3% 2
rectly)..
Outside Air Temperature or ¥50 °C to + 90 °C ......... ±2 °c ...................................... 0.5 ..................... 0.3 °c
Total Air Temperature..
Hydraulics, Each System Low Discrete .......................... ................................................ 0.5 ..................... or 0.5% 2
Pressure.
Groundspeed. ......................... As installed ..................... Most Accurate Systems In- 1 ........................ 0.2% 2
stalled (IMS Equipped Air-
craft Only).

If additional recording capacity is available, recording of the following parameters is recommended. The parameters are listed in
order of significance:

Drift Angle ............................... When available, As in- As installed ............................ 4 ........................


stalled.
Wind Speed and Direction ..... When available, As in- As installed ............................ 4 ........................
stalled.
Latitude and Longitude ........... When available, As in- As installed ............................ 4 ........................
stalled.
Brake pressure/Brake pedal As installed ..................... As installed ............................ 1 ........................
position.
Additional engine parameters:
EPR ................................. As installed ..................... As installed ............................ 1 (per engine). ..
N1 .................................... As installed ..................... As installed ............................ 1 (per engine). ..
N2 .................................... As installed ..................... As installed ............................ 1 (per engine). ..
EGT ................................. As installed ..................... As installed ............................ 1 (per engine). ..
Throttle Lever Position ........... As installed ..................... As installed ............................ 1 (per engine). ..
Fuel Flow ................................ As installed ..................... As installed ............................ 1 (per engine). ..
TCAS:
TA .................................... As installed ..................... As installed ............................ 1 ........................
RA ................................... As installed ..................... As installed ............................ 1 ........................
Sensitivity level (as se- As installed ..................... As installed ............................ 2 ........................
lected by crew).
GPWS (ground proximity Discrete .......................... ................................................ 1 ........................
warning system).
Landing gear or gear selector Discrete .......................... ................................................ 0.25 (1 per 4
position. seconds).
DME 1 and 2 Distance ........... 0–200 NM; ...................... As installed ............................ 0.25 ................... 1 mi.
Nav 1 and 2 Frequency Se- Full range ....................... As installed ............................ 0.25 ...................
lection.
1 When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the derivation of altitude to
5 feet.
2 Per cent of full range.
3 For airplanes that can demonstrate the capability of deriving either the control input on control movement (one from the
other) for all modes of operation and flight regimes, the ‘‘or’’ applies. For airplanes with non-mechanical control systems (fly-by-
wire) the ‘‘and’’ applies. In airplanes with split surfaces, suitable combination of inputs is acceptable in lieu of recording each sur-
face separately.
4 This column applies to aircraft manufactured after October 11, 1991.

[Doc. No. 25530, 53 FR 26147, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

APPENDIX C TO PART 121—C–46 (ii) Conform to the applicable portions of


NONTRANSPORT CATEGORY AIRPLANES the operator’s manual;
(iii) Comply with all the applicable air-
Cargo Operations worthiness directives; and
1. Required engines. (a) Except as provided (iv) Are equipped with high capacity oil
in paragraph (b) of this section, the engines pump drive gears in accordance with FAA
specified in subparagraphs (1) or (2) of this approved data.
section must be installed in C–46 non- (2) Other engines found acceptable by the
transport category airplanes operated at Flight Standards office having type certifi-
gross weights exceeding 45,000 pounds: cation responsibility for the C–46 airplane.
(1) Pratt and Whitney R2800–51–M1 or (b) Upon application by an operator con-
R2800–75–M1 engines (engines converted from ducting cargo operations with nontransport
spaschal on DSKJM0X7X2PROD with CFR

basic model R2800–51 or R2800–75 engines in category C–46 airplanes between points with-
accordance with FAA approved data) that— in the State of Alaska, the responsible
(i) Conform to Engine Specification 5E–8; Flight Standards office may authorize the

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Federal Aviation Administration, DOT Pt. 121, App. C
operation of such airplanes, between points be attached to the cargo retention fittings
within the State of Alaska; without compli- and provide the degree of cargo retention
ance with paragraph (a) of this section if the that is required by the operators’ standard
operator shows that, in its area of operation, system of cargo loading and tiedown.
installation of the modified engines is not (b) C–46 forward and aft baggage compart-
necessary to provide adequate cooling for ments must meet, as a minimum, Class B re-
single-engine operations. Such authorization quirements of this section or be placarded in
and any conditions or limitations therefor is a manner to preclude their use as cargo or
made a part of the Operations Specifications baggage compartments.
of the operator. 8. Proof of compliance. The demonstration
2. Minimum acceptable means of complying of compliance required by § 121.223 is not re-
with the special airworthiness requirements. quired for C–46 airplanes in which—
Unless otherwise authorized under § 121.213, (1) The main cabin conforms to Class A
the data set forth in sections 3 through 34 of cargo compartment requirements of § 121.219;
this appendix, as correlated to the C–46 non- and
transport category airplane, is the minimum (2) Forward and aft baggage compartments
means of compliance with the special air- conform to Class B requirements of § 121.221,
worthiness requirements of §§ 121.215 through or are placarded to preclude their use as
121.281. cargo or baggage compartments.
3. Susceptibility of material to fire. [Deleted
9. Propeller deicing fluid. No change from
as unnecessary]
the requirements of § 121.225. Isopropyl alco-
4. Cabin interiors. C–46 crew compartments
hol is a combustible fluid within the mean-
must meet all the requirements of § 121.215,
ing of this section.
and, as required in § 121.221, the door between
10. Pressure cross-feed arrangements, location
the crew compartment and main cabin
of fuel tanks, and fuel system lines and fittings.
(cargo) compartment must be flame resist-
ant. C–46 fuel systems which conform to all appli-
5. Internal doors. Internal doors, including cable Curtiss design specifications and which
the crew to main cabin door, must meet all comply with the FAA type certification re-
the requirements of § 121.217. quirements are in compliance with the provi-
6. Ventilation. Standard C–46 crew compart- sions of §§ 121.227 through 121.231.
ments meet the ventilation requirements of 11. Fuel lines and fittings in designated fire
§ 121.219 if a means of ventilation for control- zones. No change from the requirements of
ling the flow of air is available between the § 121.233.
crew compartment and main cabin. The ven- 12. Fuel valves. Compliance is required with
tilation requirement may be met by use of a all the provisions of § 121.235. Compliance can
door between the crew compartment and be established by showing that the fuel sys-
main cabin. The door need not have louvers tem conforms to all the applicable Curtiss
installed; however, if louvers are installed, design specifications, the FAA type certifi-
they must be controllable. cation requirements, and, in addition, has
7. Fire precautions. Compliance is required explosion-proof fuel booster pump electrical
with all the provisions of § 121.221. selector switches installed in lieu of the open
(a) In establishing compliance with this contact type used originally.
section, the C–46 main cabin is considered as 13. Oil lines and fittings in designated fire
a Class A compartment if— zones. No change from the requirements of
(1) The operator utilizes a standard system § 121.237.
of cargo loading and tiedown that allows 14. Oil valves. C–46 oil shutoff valves must
easy access in flight to all cargo in such conform to the requirements of § 121.239. In
compartment, and, such system is included addition, C–46 airplanes using Hamilton
in the appropriate portion of the operator’s Standard propellers must provide, by use of
manual; and stand pipes in the engine oil tanks or other
(2) A cargo barrier is installed in the for- approved means, a positive source of oil for
ward end of the main cabin cargo compart- feathering each propeller.
ment. The barrier must— 15. Oil system drains. The standard C–46 ‘‘Y’’
(i) Establish the most forward location be- drains installed in the main oil inlet line for
yond which cargo cannot be carried; each engine meet the requirements of
(ii) Protect the components and systems of § 121.241.
the airplane that are essential to its safe op- 16. Engine breather line. The standard C–46
eration from cargo damage; and engine breather line installation meets the
(iii) Permit easy access, in flight, to cargo requirements of § 121.243 if the lower breather
in the main cabin cargo compartment. lines actually extend to the trailing edge of
The barrier may be a cargo net or a network the oil cooler air exit duct.
of steel cables or other means acceptable to 17. Firewalls and firewall construction. Com-
the Administrator which would provide pliance is required with all of the provisions
spaschal on DSKJM0X7X2PROD with CFR

equivalent protection to that of a cargo net. of §§ 121.245 and 121.247. The following re-
The barrier need not meet crash load re- quirements must be met in showing compli-
quirements of FAR § 25.561; however, it must ance with these sections:

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Pt. 121, App. C 14 CFR Ch. I (1–1–21 Edition)
(a) Engine compartment. The engine fire- with § 121.315, this positioning must also be
walls of the C–46 airplane must— incorporated in the emergency section of the
(1) Conform to type design, and all applica- pilot’s checklist.
ble airworthiness directives; (b) Combustion heater compartment. C–46
(2) Be constructed of stainless steel or ap- heater compartments which comply with
proved equivalent; and paragraph (5) of AD–49–18–1 or FAA approved
(3) Have fireproof shields over the fairleads equivalent meet the requirements of § 121.257
used for the engine control cables that pass applicable to heater compartments if, in ad-
through each firewall. dition, a shutoff valve located above the
(b) Combustion heater compartment. C–46 air- main cabin floor level is installed in the al-
planes must have a combustion heater fire cohol supply line or lines between the alco-
extinguishing system which complies with hol supply tank and those alcohol pumps lo-
AD–49–18–1 or an FAA approved equivalent. cated under the main cabin floor. If all of the
18. Cowling. Standard C–46 engine cowling alcohol pumps are located above the main
(cowling of aluminum construction employ- cabin floor, the alcohol shutoff valve need
ing stainless steel exhaust shrouds) which not be installed. In complying with para-
conforms to the type design and cowling con- graph (5) of AD–49–18–1, a fail-safe electric
figurations which conform to the C–46 trans- fuel shutoff valve may be used in lieu of the
port category requirements meet the re- manually operated valve.
quirements of § 121.249. 23. Lines and fittings—(a) Engine compart-
19. Engine accessory section diaphragm. C–46 ment. C–46 engine compartments which com-
engine nacelles which conform to the C–46
ply with all applicable airworthiness direc-
transport category requirements meet the
tives, including AD–62–10–2, by using FAA
requirements of § 121.251. As provided for in
approved fire-resistant lines, hoses, and end
that section, a means of equivalent protec-
fittings, and engine compartments which
tion which does not require provision of a di-
meet the C–46 transport category require-
aphragm to isolate the engine power section
ments, meet the requirements of § 121.259.
and exhaust system from the engine acces-
sory compartment is the designation of the (b) Combustion heater compartments All
entire engine compartment forward of and lines, hoses, and end fittings, and couplings
including the firewall as a designated fire which carry fuel to the heaters and heater
zone, and the installation of adequate fire controls, must be of FAA approved fire-re-
detection and fire extinguishing systems sistant construction.
which meet the requirements of § 121.263 and 24. Vent and drain lines—(a)
§ 121.273, respectively, in such zone. Enginecompartment. C–46 engine compart-
20. Powerplant fire protection. C–46 engine ments meet the requirements of § 121.261 if—
compartments and combustion heater com- (1) The compartments conform to type de-
partments are considered as designated fire sign and comply with all applicable air-
zones within the meaning of § 121.253. worthiness directives or FAA approved
21. Flammable fluids— equivalent; and
(a) Engine compartment. C–46 engine com- (2) Drain lines from supercharger case, en-
partments which conform to the type design gine-driven fuel pump, and engine-driven hy-
and which comply with all applicable air- draulic pump reach into the scupper drain lo-
worthiness directives meet the requirements cated in the lower cowling segment.
of § 121.255. (b) Combustion heater compartment. C–46
(b) Combustion heater compartment. C–46 heater compartments meet the requirements
combustion heater compartments which con- of § 121.261 if they conform to AD–49–18–1 or
form to type design and which meet all the FAA approved equivalent.
requirements of AD–49–18–1 or an FAA ap- 25. Fire-extinguishing system. (a) To meet
proved equivalent meet the requirements of the requirements of § 121.263, C–46 airplanes
§ 121.255. must have installed fire extinguishing sys-
22. Shutoff means— tems to serve all designated fire zones. The
(a) Engine compartment. C–46 engine com- fire-extinguishing systems, the quantity of
partments which comply with AD–62–10–2 or extinguishing agent, and the rate of dis-
FAA approved equivalent meet the require- charge shall be such as to provide a min-
ments of § 121.257 applicable to engine com- imum of one adequate discharge for each
partments, if, in addition, a means satisfac- designated fire zone. Compliance with this
tory to the Administrator is provided to shut provision requires the installation of a sepa-
off the flow of hydraulic fluid to the cowl rate fire extinguisher for each engine com-
flap cylinder in each engine nacelle. The partment. Insofar as the engine compart-
shutoff means must be located aft of the en- ment is concerned, the system shall be capa-
gine firewall. The operator’s manual must ble of protecting the entire compartment
include, in the emergency portion, adequate against the various types of fires likely to
instructions for proper operation of the addi- occur in the compartment.
spaschal on DSKJM0X7X2PROD with CFR

tional shutoff means to assure correct se- (b) Fire-extinguishing systems which con-
quential positioning of engine cowl flaps form to the C–46 transport category require-
under emergency conditions. In accordance ments meet the requirements set forth in

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Federal Aviation Administration, DOT Pt. 121, App. C
paragraph (a). Furthermore, fire-extin- (b) Be modified or have operational proce-
guishing systems for combustion heater dures established to provide additional fire
compartments which conform to the require- protection for the wheel well door aft of each
ments of AD–49–18–1 or an FAA approved engine compartment. Modifications may
equivalent also meet the requirements in consist of improvements in sealing of the
paragraph (a). main landing gear wheel well doors. An oper-
In addition, a fire-extinguishing system for ational procedure which is acceptable to the
C–46 airplanes meets the adequacy require- Agency is one requiring the landing gear
ment of paragraph (a) if it provides the same control to be placed in the up position in
or equivalent protection to that dem- case of in-flight engine fire. In accordance
onstrated by the CAA in tests conducted in with § 121.315, such procedure must be set
1941 and 1942, using a CW–20 type engine na- forth in the emergency portion of the opera-
celle (without diaphragm). These tests were tor’s emergency checklist pertaining to in-
conducted at the Bureau of Standards facili- flight engine fire.
ties in Washington, DC, and copies of the 30. Control of engine rotation. C–46 propeller
test reports are available through the FAA feathering systems which conform to the
Regional Engineering Offices. In this connec- type design and all applicable airworthiness
tion, the flow rates and distribution of extin- directives meet the requirements of § 121.279.
guishing agent substantiated in American 31. Fuel system independence. C–46 fuel sys-
Airmotive Report No. 128–52–d, FAA ap- tems which conform to the type design and
proved February 9, 1953, provides protection all applicable airworthiness directives meet
equivalent to that demonstrated by the CAA the requirements of § 121.281.
in the CW–20 tests. In evaluating any C–46 32. Induction system ice prevention. The C–46
fire-extinguishing system with respect to the carburetor anti-icing system which conforms
aforementioned CW–20 tests, the Administra- to the type design and all applicable air-
tion would require data in a narrative form, worthiness directives meets the require-
utilizing drawings or photographs to show at ments of § 121.283.
least the following: 33. Carriage of cargo in passenger compart-
Installation of containers; installation and ments. Section 121.285 is not applicable to
routing of plumbing; type, number, and loca- nontransport category C–46 cargo airplanes.
tion of outlets or nozzles; type, total volume, 34. Carriage of cargo in cargo compartments.
and distribution of extinguishing agent; A standard cargo loading and tiedown ar-
length of time required for discharging; rangement set forth in the operator’s man-
means for thermal relief, including type and ual and found acceptable to the Adminis-
location of discharge indicators; means of trator must be used in complying with
discharging, e.g., mechanical cutterheads, § 121.287.
electric cartridge, or other method; and 35. Performance data. Performance data on
whether a one- or two-shot system is used; Curtiss model C–46 airplane certificated for
and if the latter is used, means of cross-feed- maximum weight of 45,000 and 48,000 pounds
ing or otherwise selecting distribution of ex- for cargo-only operations.
tinguishing agent; and types of materials 1. The following performance limitation
used in makeup of plumbing. data, applicable to the Curtiss model C–46
High rate discharge (HRD) systems using airplane for cargo-only operation, must be
agents such as bromotrifluoromethane, used in determining compliance with
dibrodifluoromethane and §§ 121.199 through 121.205. These data are pre-
chlorobromomethane (CB), may also meet sented in the tables and figures of this ap-
the requirements of paragraph (a). pendix.
26. Fire-extinguishing agents, Extinguishing
agent container pressure relief, Extinguishing TABLE 1—TAKEOFF LIMITATIONS
agent container compartment temperatures, and
(a) Curtiss C–46 certificated for maximum
Fire-extinguishing system materials. No change
weight of 45,000 pounds.
from the requirements of §§ 121.265 through
(1) Effective length of runway required when
121.271.
effective length is determined in accordance
27. Fire-detector system. Compliance with
with § 121.171 (distance to accelerate to 93
the requirements of § 121.273 requires that C–
knots TIAS and stop, with zero wind and
46 fire detector systems conform to:
zero gradient). (Factor = 1.00)
(a) AD–62–10–2 or FAA approved equivalent
for engine compartments; and [Distance in feet]
(b) AD–49–18–1 or FAA approved equivalent Airplane weight in pounds
for combustion heater compartments Standard altitude in feet
28. Fire detectors. No change from the re- 39,000 42,000 45,000 1
quirements of § 121.275.
S.L ....................................... 4,110 4,290 4,570
29. Protection of other airplane components
1,000 .................................... 4,250 4,440 4,720
against fire. To meet the requirements of
spaschal on DSKJM0X7X2PROD with CFR

2,000 .................................... 4,400 4,600 4,880


§ 121.277, C–46 airplanes must— 3,000 .................................... 4,650 4,880 5,190
(a) Conform to the type design and all ap- 4,000 .................................... 4,910 5,170 5,500
plicable airworthiness directives; and 5,000 .................................... 5,160 5,450 5,810

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[Distance in feet] [Distance in feet]

Airplane weight in pounds Airplane weight in pounds


Standard altitude in feet Standard altitude
39,000 42,000 45,000 1 in feet 39,000 42,000 45,000 48,000 1

6,000 .................................... 5,420 5,730 6,120 1,000 .................. 5,000 5,230 5,550 6,030
7,000 .................................... 5,680 6,000 6,440 2,000 .................. 5,170 5,410 5,740 6,230
8,000 .................................... 5,940 6,280 (1) 3,000 .................. 5,470 5,740 6,100 6,670
1 Ref. Fig. 1(a)(1) for weight and distance for altitudes 4,000 .................. 5,770 6,080 6,470 7,120
above 7,000′. 5,000 .................. 6,070 6,410 6,830 7,560
6,000 .................. 6,380 6,740 7,200 8,010
(2) Actual length of runway required when 7,000 .................. 6,680 7,070 7,570 (1)
effective length, considering obstacles, is not 8,000 .................. 6,990 7,410 7,940 (1)
determined (distance to accelerate to 93 1 Ref. Fig. 1(b)(2) for weight and distance for altitudes
knots TIAS and stop, divided by the factor above 6,000′.
0.85).
[Distance in feet] TABLE 2—EN ROUTE LIMITATIONS
(a) Curtiss model C–46 certificated for max-
Airplane weight in pounds
Standard altitude in feet imum weight of 45,000 pounds (based on a
39,000 42,000 45,000 1 climb speed of 113 knots (TIAS)).
S.L ....................................... 4,830 5,050 5,370 Terrain Blower set-
1,000 .................................... 5,000 5,230 5,550 Weight (pounds) clearance ting
2,000 .................................... 5,170 5,410 5,740 (feet) 1
3,000 .................................... 5,470 5,740 6,100
4,000 .................................... 5,770 6,080 6,470 45,000 ............................................ 6,450 Low.
5,000 .................................... 6,070 6,410 6,830 44,000 ............................................ 7,000 Do.
6,000 .................................... 6,380 6,740 7,200 43,000 ............................................ 7,500 Do.
7,000 .................................... 6,680 7,070 7,570 42,200 ............................................ 8,000 High.
8,000 .................................... 6,990 7,410 (1) 41,000 ............................................ 9,600 Do.
1 Ref. Fig. 1(a)(2) for weight and distance for altitudes
40,000 ............................................ 11,000 Do.
39,000 ............................................ 12,300 Do.
above 7,000′.
1 Highest altitude of terrain over which airplanes may be op-
(b) Curtiss C–46 certificated for maximum erated in compliance with § 121.201.
weight 48,000 pounds. Ref. Fig. 2(a).
(1) Effective length of runway required when
(b) Curtiss model C–46 certificated for max-
effective length is determined in accordance
imum weight of 48,000 pounds or with engine
with § 121.171 (distance to accelerate to 93
installation approved for 2,550 revolutions
knots TIAS and stop, with zero wind and
per minute (1,700 brake horsepower). Max-
zero gradient). (Factor = 1.00)
imum continuous power in low blower (based
[Distance in feet]
on a climb speed of 113 knots (TIAS)).
Airplane weight in pounds
Standard altitude Terrain
in feet Blower set-
39,000 42,000 45,000 48,000 1 Weight (pounds) clearance ting
(feet) 1
S.L ..................... 4,110 4,290 4,570 4,950
48,000 ............................................ 5,850 Low.
1,000 .................. 4,250 4,440 4,720 5,130
47,000 ............................................ 6,300 Do.
2,000 .................. 4,400 4,600 4,880 5,300
3,000 .................. 4,650 4,880 5,190 5,670 46,000 ............................................ 6,700 Do.
4,000 .................. 4,910 5,170 5,500 6,050 45,000 ............................................ 7,200 Do.
5,000 .................. 5,160 5,450 5,810 6,420 44,500 ............................................ 7,450 Do.
6,000 .................. 5,420 5,730 6,120 6,800 44,250 ............................................ 8,000 High.
7,000 .................. 5,680 6,000 6,440 (1) 44,000 ............................................ 8,550 Do.
8,000 .................. 5,940 6,280 6,750 (1) 43,000 ............................................ 10,800 Do.
42,000 ............................................ 12,500 Do.
1 Ref. Fig. 1(b)(1) for weight and distance for altitudes
41,000 ............................................ 13,000 Do.
above 6,000′.
1 Highest altitude of terrain over which airplanes may be op-
(2) Actual length of runway required when erated in compliance with § 121.201.
effective length, considering obstacles, is not Ref. Fig. 2(b).
determined (distance to accelerate to 93
TABLE 3—LANDING LIMITATIONS
knots TIAS and stop, divided by the factor
0.85). (a) Intended Destination.
[Distance in feet] Effective length of runway required for in-
tended destination when effective length is
Airplane weight in pounds determined in accordance with § 121.171 with
Standard altitude
in feet 39,000 42,000 45,000 48,000 1 zero wind and zero gradient.
(1) Curtiss model C–46 certificated for max-
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S.L ..................... 4,830 5,050 5,370 5,830 imum weight of 45,000 pounds. (0.60 factor)

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Distance in feet

Airplane weight in pounds and approach speeds 1 in knots


Standard altitude in feet
40,000 V50 42,000 V50 44,000 V50 45,000 V50

S.L ......................................................................................... 4,320 86 4,500 88 4,700 90 4,800 91


1,000 ..................................................................................... 4,440 86 4,620 88 4,830 90 4,930 91
2,000 ..................................................................................... 4,550 86 4,750 88 4,960 90 5,050 91
3,000 ..................................................................................... 4,670 86 4,880 88 5,090 90 5,190 91
4,000 ..................................................................................... 4,800 86 5,000 88 5,220 90 5,320 91
5,000 ..................................................................................... 4,920 86 5,140 88 5,360 90 5,460 91
6,000 ..................................................................................... 5,040 86 5,270 88 5,550 90 5,600 91
7,000 ..................................................................................... 5,170 86 5,410 88 5,650 90 5,750 91
8,000 ..................................................................................... 5,310 86 5,550 88 5,800 90 5,900 91
1 Steady approach speed through 50–foot height TIAS denoted by symbol V .
50
Ref. Fig. 3(a)(1).

(2) Curtiss model C–46 certificated for maximum weight of 48,000 pounds. 1 (0.60 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 2 in knots


Standard altitude in feet
42,000 V50 44,000 V50 46,000 V50 43,000 V50

S.L ......................................................................................... 3,370 80 3,490 82 3,620 84 3,740 86


1,000 ..................................................................................... 3,460 80 3,580 82 3,710 84 3,830 86
2,000 ..................................................................................... 3,540 80 3,670 82 3,800 84 3,920 86
3,000 ..................................................................................... 3,630 80 3,760 82 3,890 84 4,020 86
4,000 ..................................................................................... 3,720 80 3,850 82 3,980 84 4,110 86
5,000 ..................................................................................... 3,800 80 3,940 82 4,080 84 4,220 86
6,000 ..................................................................................... 3,890 80 4,040 82 4,180 84 4,320 86
7,000 ..................................................................................... 3,980 80 4,140 82 4,280 84 4,440 86
8,000 ..................................................................................... 4,080 80 4,240 82 4,390 84 4,550 86
1 Foruse with Curtiss model C–46 airplanes when approved for this weight.
2 Steady approach speed through 50 height knots TIAS denoted by symbol V503.
Ref. Fig. 3(a)(2).

(b) Alternate Airports.


Effective length of runway required when effective length is determined in accordance with
§ 121.171 with zero wind and zero gradient.
(1) Curtiss model C–46 certificated for maximum weight of 45,000 pounds. (0.70 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 1 in knots


Standard altitude in feet
40,000 V50 42,000 V50 44,000 V50 45,000 V50

S.L ......................................................................................... 3,700 86 3,860 88 4,030 90 4,110 91


1,000 ..................................................................................... 3,800 86 3,960 88 4,140 90 4,220 91
2,000 ..................................................................................... 3,900 86 4,070 88 4,250 90 4,340 91
3,000 ..................................................................................... 4,000 86 4,180 88 4,360 90 4,450 91
4,000 ..................................................................................... 4,110 86 4,290 88 4,470 90 4,560 91
5,000 ..................................................................................... 4,210 86 4,400 88 4,590 90 4,680 91
6,000 ..................................................................................... 4,330 86 4,510 88 4,710 90 4,800 91
7,000 ..................................................................................... 4,430 86 4,630 88 4,840 90 4,930 91
8,000 ..................................................................................... 4,550 86 4,750 88 4,970 90 5,060 91
1 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V .
50
Ref. Fig. 3(b)(1).

(2) Curtiss model C–46 certificated for maximum weight of 48,000 pounds. 1 (0.70 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 2 in knots


Standard altitude in feet
42,000 V50 44,000 V50 46,000 V50 48,000 V50

S.L ......................................................................................... 2,890 80 3,000 82 3,110 84 3,220 86


1,000 ..................................................................................... 2,960 80 3,070 82 3,180 84 3,280 86
2,000 ..................................................................................... 3,040 80 3,150 82 3,260 84 3,360 86
3,000 ..................................................................................... 3,110 80 3,220 82 3,340 84 3,440 86
spaschal on DSKJM0X7X2PROD with CFR

4,000 ..................................................................................... 3,180 80 3,300 82 3,410 84 3,520 86


5,000 ..................................................................................... 3,260 80 3,380 82 3,500 84 3,610 86
6,000 ..................................................................................... 3,330 80 3,460 82 3,580 84 3,700 86
7,000 ..................................................................................... 3,420 80 3,540 82 3,670 84 3,800 86

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Distance in feet

Airplane weight in pounds and approach speeds 2 in knots


Standard altitude in feet
42,000 V50 44,000 V50 46,000 V50 48,000 V50

8,000 ..................................................................................... 3,500 80 3,630 82 3,760 84 3,900 86


1 For use with Curtiss model C–46 airplanes when approved for this weight.
2 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V .
50
Ref. Fig. 3(b)(2).

(c) Actual length of runway required when effective length, considering obstacles, is not de-
termined in accordance with § 121.171.
(1) Curtiss model C–46 certificated for maximum weight of 45,000 pounds. (0.55 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 1 in knots


Standard altitude in feet
40,000 V50 42,000 V50 44,000 V50 45,000 V50

S.L ......................................................................................... 4,710 86 4,910 88 5,130 90 5,230 91


1,000 ..................................................................................... 4,840 86 5,050 88 5,270 90 5,370 91
2,000 ..................................................................................... 4,960 86 5,180 88 5,410 90 5,510 91
3,000 ..................................................................................... 5,090 86 5,320 88 5,550 90 5,660 91
4,000 ..................................................................................... 5,230 86 5,460 88 5,700 90 5,810 91
5,000 ..................................................................................... 5,360 86 5,600 88 5,850 90 5,960 91
6,000 ..................................................................................... 5,500 86 5,740 88 6,000 90 6,110 91
7,000 ..................................................................................... 5,640 86 5,900 88 6,170 90 6,280 91
8,000 ..................................................................................... 5,790 86 6,050 88 6,340 90 6,450 91
1 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V .
50
Ref. Fig. 3(c)(1).

(2) Curtiss C–46 certificated for maximum weight of 48,000 pounds. 1 (0.55 factor.)
Distance in feet

Airplane weight in pounds and approach speeds 2 in knots


Standard altitude in feet
42,000 V50 44,000 V50 46,000 V50 48,000 V50

S.L ......................................................................................... 3,680 80 3,820 82 3,960 84 4,090 86


1,000 ..................................................................................... 3,770 80 3,910 82 4,050 84 4,180 86
2,000 ..................................................................................... 3,860 80 4,000 82 4,140 84 4,280 86
3,000 ..................................................................................... 3,960 80 4,090 82 4,240 84 4,380 86
4,000 ..................................................................................... 4,050 80 4,190 82 4,340 84 4,490 86
5,000 ..................................................................................... 4,150 80 4,290 82 4,450 84 4,600 86
6,000 ..................................................................................... 4,240 80 4,400 82 4,560 84 4,710 86
7,000 ..................................................................................... 4,350 80 4,510 82 4,670 84 4,840 86
8,000 ..................................................................................... 4,450 80 4,620 82 4,790 84 4,960 86
1 For use with Curtiss model C–46 airplanes when approved for this weight.
2 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol V .
50
Ref. Fig. 3(c)(2).
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[Doc. No. 4080, 30 FR 258, Jan. 3, 1965; 30 FR 481, Jan. 14, 1965, as amended by Amdt. 121–207,
54 FR 39293, Sept. 25, 1989; Docket FAA–2018–0119, Amdt. 121–380, 83 FR 9173, Mar. 5, 2018]
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Federal Aviation Administration, DOT Pt. 121, App. D

APPENDIX D TO PART 121—CRITERIA FOR (11) The seating density and arrangement
DEMONSTRATION OF EMERGENCY of the airplane must be representative of the
EVACUATION PROCEDURES UNDER highest capacity passenger version of that
airplane the certificate holder operates or
§ 121.291 proposes to operate.
(a) Aborted takeoff demonstration. (1) The (12) Each crewmember must be a member
demonstration must be conducted either dur- of a regularly scheduled line crew, except
ing the dark of the night or during daylight that flight crewmembers need not be mem-
with the dark of the night simulated. If the bers of a regularly scheduled line crew, pro-
demonstration is conducted indoors during vided they have knowledge of the airplane.
daylight hours, it must be conducted with Each crewmember must be seated in the seat
each window covered and each door closed to the crewmember is normally assigned for
minimize the daylight effect. Illumination takeoff, and must remain in that seat until
on the floor or ground may be used, but it the signal for commencement of the dem-
onstration is received.
must be kept low and shielded against shin-
(13) No crewmember or passenger may be
ing into the airplane’s windows or doors.
given prior knowledge of the emergency
(2) The airplane must be a normal ground
exits available for the demonstration.
attitude with landing gear extended.
(14) The certificate holder may not prac-
(3) Unless the airplane is equipped with an
tice, rehearse, or describe the demonstration
off-wing descent means, stands or ramps may for the participants nor may any participant
be used for descent from the wing to the have taken part in this type of demonstra-
ground. Safety equipment such as mats or tion within the preceding 6 months.
inverted life rafts may be placed on the floor (15) The pretakeoff passenger briefing re-
or ground to protect participants. No other quired by § 121.571 may be given in accord-
equipment that is not part of the emergency ance with the certificate holder’s manual.
evacuation equipment of the airplane may be The passengers may also be warned to follow
used to aid the participants in reaching the directions of crewmembers, but may not be
ground. instructed on the procedures to be followed
(4) The airplane’s normal electrical power in the demonstration.
sources must be deenergized. (16) If safety equipment as allowed by item
(5) All emergency equipment for the type (3) of this section is provided, either all pas-
of passenger-carrying operation involved senger and cockpit windows must be blacked
must be installed in accordance with the cer- out or all of the emergency exits must have
tificate holder’s manual. safety equipment in order to prevent disclo-
(6) Each external door and exit, and each sure of the available emergency exits.
internal door or curtain must be in position (17) Not more than 50 percent of the emer-
to simulate a normal takeoff. gency exits in the sides of the fuselage of an
(7) A representative passenger load of per- airplane that meet all of the requirements
sons in normal health must be used. At least applicable to the required emergency exits
40 percent of the passenger load must be fe- for that airplane may be used for the dem-
males. At least 35 percent of the passenger onstration. Exits that are not to be used in
load must be over 50 years of age. At least 15 the demonstration must have the exit handle
percent of the passenger load must be female deactivated or must be indicated by red
and over 50 year of age. Three life-size dolls, lights, red tape, or other acceptable means,
not included as part of the total passenger placed outside the exits to indicate fire or
load, must be carried by passengers to simu- other reason that they are unusable. The
late live infants 2 years old or younger. exits to be used must be representative of all
Crewmembers, mechanics, and training per- of the emergency exits on the airplane and
sonnel, who maintain or operate the airplane must be designated by the certificate holder,
in the normal course of their duties, may not subject to approval by the Administrator. At
be used as passengers. least one floor level exit must be used.
(8) No passenger may be assigned a specific (18) Except as provided in paragraph (a)(3)
seat except as the Administrator may re- of this appendix, all evacuees must leave the
quire. Except as required by item (12) of this airplane by a means provided as part of the
paragraph, no employee of the certificate airplane’s equipment.
holder may be seated next to an emergency (19) The certificate holder’s approved pro-
exit. cedures and all of the emergency equipment
(9) Seat belts and shoulder harnesses (as that is normally available, including slides,
required) must be fastened. ropes, lights, and megaphones, must be fully
(10) Before the start of the demonstration, utilized during the demonstration, except
approximately one-half of the total average that the flightcrew must take no active role
amount of carry-on baggage, blankets, pil- in assisting others inside the cabin during
lows, and other similar articles must be dis- the demonstration.
spaschal on DSKJM0X7X2PROD with CFR

tributed at several locations in the aisles (20) The evacuation time period is com-
and emergency exit access ways to create pleted when the last occupant has evacuated
minor obstructions. the airplane and is on the ground. Evacuees

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using stands or ramps allowed by item (3) plane, to accommodate all persons partici-
above are considered to be on the ground pating in the demonstration.
when they are on the stand or ramp: Pro- [Doc. No. 2033, 30 FR 3206, Mar. 9, 1965, as
vided, That the acceptance rate of the stand amended by Amdt. 121–30, 32 FR 13268, Sept.
or ramp is no greater than the acceptance 20, 1967; Amdt. 121–41, 33 FR 9067, June 20,
rate of the means available on the airplane 1968; Amdt. 121–46, 34 FR 5545, Mar. 22, 1969;
for descent from the wing during an actual Amdt. 121–47, 34 FR 11489, July 11, 1969;
crash situation. Amdt. 121–233, 58 FR 45230, Aug. 26, 1993]
(b) Ditching demonstration. The demonstra-
tion must assume that daylight hours exist APPENDIX E TO PART 121—FLIGHT
outside the airplane, and that all required TRAINING REQUIREMENTS
crewmembers are available for the dem-
onstration. (a) The maneuvers and procedures required
(1) If the certificate holder’s manual re- by § 121.424 for pilot initial, transition, and
quires the use of passengers to assist in the conversion flight training are set forth in
the certificate holder’s approved low-alti-
launching of liferafts, the needed passengers
tude windshear flight training program,
must be aboard the airplane and participate
§ 121.423 extended envelope training, and in
in the demonstration according to the man- this appendix. The maneuvers and proce-
ual. dures required for upgrade training in ac-
(2) A stand must be placed at each emer- cordance with § 121.424 are set forth in this
gency exit and wing, with the top of the plat- appendix and in the certificate holder’s ap-
form at a height simulating the water level proved low-altitude windshear flight train-
of the airplane following a ditching. ing program and § 121.423 extended envelope
(3) After the ditching signal has been re- training. For the maneuvers and procedures
ceived, each evacuee must don a life vest ac- required for upgrade training in accordance
cording to the certificate holder’s manual. with § 121.426, this appendix designates the
(4) Each liferaft must be launched and in- airplane or FSTD, as appropriate, that may
flated, according to the certificate holder’s be used.
manual, and all other required emergency (b) All required maneuvers and procedures
equipment must be placed in rafts. must be performed inflight except that
(5) Each evacuee must enter a liferaft, and windshear and extended envelope training
maneuvers and procedures must be per-
the crewmembers assigned to each liferaft
formed in a full flight simulator (FFS) in
must indicate the location of emergency
which the maneuvers and procedures are spe-
equipment aboard the raft and describe its cifically authorized to be accomplished. Cer-
use. tain other maneuvers and procedures may be
(6) Either the airplane, a mockup of the performed in an FFS, an FTD, or a static
airplane or a floating device simulating a airplane as indicated by the appropriate
passenger compartment must be used. symbol in the respective column opposite
(i) If a mockup of the airplane is used, it the maneuver or procedure.
must be a life-size mockup of the interior (c) Whenever a maneuver or procedure is
and representative of the airplane currently authorized to be performed in an FTD, it
used by or proposed to be used by the certifi- may be performed in an FFS, and in some
cate holder, and must contain adequate seats cases, a static airplane. Whenever the re-
for use of the evacuees. Operation of the quirement may be performed in either an
emergency exits and the doors must closely FTD or a static airplane, the appropriate
simulate those on the airplane. Sufficient symbols are entered in the respective col-
wing area must be installed outside the over- umns.
the-wing exits to demonstrate the evacu- (d) A Level B or higher FFS may be used
ation. instead of the airplane to satisfy the inflight
requirements if the FFS is approved under
(ii) If a floating device simulating a pas-
§ 121.407 and is used as part of an approved
senger compartment is used, it must be rep- program that meets the requirements for an
resentative, to the extent possible, of the Advanced Simulation Training Program in
passenger compartment of the airplane used Appendix H of this part.
in operations. Operation of the emergency (e) For the purpose of this appendix, the
exits and the doors must closely simulate op- following symbols mean—
eration on that airplane. Sufficient wing I = Pilot in Command (PIC) and Second in
area must be installed outside the over-the- Command (SIC) initial training
wing exits to demonstrate the evacuation. T = PIC and SIC transition training
The device must be equipped with the same U = SIC to PIC upgrade training
survival equipment as is installed on the air-
spaschal on DSKJM0X7X2PROD with CFR

C = Flight engineer (FE) to SIC conversion


training

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Federal Aviation Administration, DOT Pt. 121, App. E

Static
Maneuvers/procedures Inflight FFS FTD
airplane

As appropriate to the airplane and the oper-


ation involved, flight training for pilots must
include the following maneuvers and proce-
dures.
I. Preflight:
(a) Visual inspection of the exterior ............................. I, T, U, C.
and interior of the airplane, the loca-
tion of each item to be inspected,
and the purpose for inspecting it.
The visual inspection may be con-
ducted using an approved pictorial
means that realistically portrays the
location and detail of visual inspec-
tion items and provides for the por-
trayal of normal and abnormal con-
ditions.
(b) Use of the prestart checklist, ap- ............................. ............................. I, T, U, C.
propriate control system checks,
starting procedures, radio and elec-
tronic equipment checks, and the
selection of proper navigation and
communications radio facilities and
frequencies prior to flight.
(c)(1) Before March 12, 2019, taxiing, I, T, U, C.
sailing, and docking procedures in
compliance with instructions issued
by ATC or by the person conducting
the training.
(2) Taxiing. Beginning March
12, 2019, this maneuver in-
cludes the following:
(i) Taxiing, sailing, I, T, U, C.
and docking pro-
cedures in compli-
ance with instruc-
tions issued by
ATC or by the
person conducting
the training.
(ii) Use of airport I, T, U, C.
diagram (surface
movement chart).
(iii) Obtaining appro- I, T, U, C.
priate clearance
before crossing or
entering active
runways.
(iv) Observation of I, T, U, C.
all surface move-
ment guidance
control markings
and lighting.
(d)(1) Before March 12, 2019, pre- ............................. ............................. I, T, U, C.
takeoff checks that include power-
plant checks.
(2) Beginning March 12, ............................. ............................. I, T, U, C.
2019, pre-takeoff proce-
dures that include power-
plant checks, receipt of
takeoff clearance and con-
firmation of aircraft loca-
tion, and FMS entry (if ap-
propriate) for departure
runway prior to crossing
hold short line for takeoff.
II. Takeoffs:
Training in takeoffs must include the types and
conditions listed below but more than one
type may be combined where appropriate:
spaschal on DSKJM0X7X2PROD with CFR

(a) Normal takeoffs which, for the pur- I, T, U, C.


pose of this maneuver, begin when
the airplane is taxied into position
on the runway to be used.

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Static
Maneuvers/procedures Inflight FFS FTD
airplane

(b) Takeoffs with instrument conditions ............................. ............................. I, T, U, C.


simulated at or before reaching an
altitude of 100′ above the airport
elevation.
(c)(1) Crosswind takeoffs ..................... I, T, U, C.
(2) Beginning March 12, I, T, U, C.
2019, crosswind takeoffs
including crosswind take-
offs with gusts if prac-
ticable under the existing
meteorological, airport, and
traffic conditions.
(d) Takeoffs with a simulated failure of ............................. ............................. I, T, U, C.
the most critical powerplant—
(1) At a point after V1 and ............................. ............................. I, T, U, C.
before V2 that in the judg-
ment of the person con-
ducting the training is ap-
propriate to the airplane
type under the prevailing
conditions; or
(2) At a point as close as ............................. ............................. I, T, U, C.
possible after V1 when V1
and V2 or V1 and VR are
identical; or
(3) At the appropriate speed ............................. ............................. I, T, U, C.
for nontransport category
airplanes.
(e) Rejected takeoffs accomplished ............................. ............................. I, T, U, C.
during a normal takeoff run after
reaching a reasonable speed deter-
mined by giving due consideration
to aircraft characteristics, runway
length, surface conditions, wind di-
rection and velocity, brake heat en-
ergy, and any other pertinent factors
that may adversely affect safety or
the airplane.
(f) Night takeoffs. For pilots in transi- I, T, U, C.
tion training, this requirement may
be met during the operating experi-
ence required under § 121.434 by
performing a normal takeoff at night
when a check airman serving as
PIC is occupying a pilot station.
III. Flight Maneuvers and Procedures:
(a) Turns with and without spoilers ..... ............................. ............................. I, T, U, C.
(b) Tuck and Mach buffet .................... ............................. ............................. I, T, U, C.
(c) Maximum endurance and max- ............................. ............................. I, T, U, C.
imum range procedures.
(d) Operation of systems and controls ............................. ............................. I, T, U.
at the flight engineer station.
(e) Runaway and jammed stabilizer .... ............................. ............................. I, T, U, C.
(f) Normal and abnormal or alternate
operation of the following systems
and procedures:
(1) Pressurization .................. ............................. ............................. ............................. I, T, U, C.
(2) Pneumatic ........................ ............................. ............................. ............................. I, T, U, C.
(3) Air conditioning ................ ............................. ............................. ............................. I, T, U, C.
(4) Fuel and oil ...................... ............................. I, T, U, C ............ ............................. I, T, U, C.
(5) Electrical .......................... ............................. I, T, U, C ............ ............................. I, T, U, C.
(6) Hydraulic .......................... ............................. I, T, U, C ............ ............................. I, T, U, C.
(7) Flight control .................... ............................. I, T, U, C ............ ............................. I, T, U, C.
(8) Anti-icing and deicing ...... ............................. ............................. I, T, U, C.
(9) Autopilot ........................... ............................. ............................. I, T, U, C.
(10) Automatic or other ap- ............................. ............................. I, T, U, C.
proach aids.
(11) Stall warning devices, ............................. ............................. I, T, U, C.
spaschal on DSKJM0X7X2PROD with CFR

stall avoidance devices,


and stability augmentation
devices.
(12) Airborne radar devices .. ............................. ............................. I, T, U, C.

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Federal Aviation Administration, DOT Pt. 121, App. E

Static
Maneuvers/procedures Inflight FFS FTD
airplane

(13) Any other systems, de- ............................. ............................. I, T, U, C.


vices, or aids available.
(14) Electrical, hydraulic, ............................. I, T, U, C ............ ............................. I, T, U, C.
flight control, and flight in-
strument system malfunc-
tioning or failure.
(15) Landing gear and flap ............................. I, T, U, C ............ ............................. I, T, U, C.
systems failure or malfunc-
tion.
(16) Failure of navigation or ............................. ............................. I, T, U, C.
communications equipment.
(g) Flight emergency procedures that
include at least the following:
(1) Powerplant, heater, cargo ............................. I, T, U, C ............ ............................. I, T, U, C.
compartment, cabin, flight
deck, wing, and electrical
fires.
(2) Smoke control .................. ............................. I, T, U, C ............ ............................. I, T, U, C.
(3) Powerplant failures .......... ............................. ............................. I, T ...................... U, C.
(4) Fuel jettisoning ................. ............................. I, T, U, C ............ ............................. I, T, U, C.
(5) Any other emergency pro- ............................. ............................. I, T, U, C.
cedures outlined in the ap-
propriate flight manual.
(h) Steep turns in each direction. Each ............................. ............................. I, T, U, C.
steep turn must involve a bank
angle of 45° with a heading change
of at least 180° but not more than
360°. This maneuver is not required
for Group I transition training.
(i) Stall Prevention. For the purpose of ............................. ............................. I, T, U, C.
this training the approved recovery
procedure must be initiated at the
first indication of an impending stall
(buffet, stick shaker, aural warning).
Stall prevention training must be
conducted in at least the following
configurations:
(1) Takeoff configuration (ex- ............................. ............................. I, T, U, C.
cept where the airplane
uses only a zero-flap take-
off configuration).
(2) Clean configuration .......... ............................. ............................. I, T, U, C.
(3) Landing configuration ...... ............................. ............................. I, T, U, C.
(j) Recovery from specific flight char- ............................. ............................. I, T, U, C.
acteristics that are peculiar to the
airplane type.
(k) Instrument procedures that include
the following:
(1) Area departure and arrival ............................. ............................. I, T, U, C.
(2) Use of navigation systems ............................. ............................. I, T, U, C.
including adherence to as-
signed radials.
(3) Holding ............................. ............................. ............................. I, T, U, C.
(l) ILS instrument approaches that in-
clude the following:
(1) Normal ILS approaches ... I, T, U, C.
(2) Manually controlled ILS I .......................... ............................. T, U, C.
approaches with a simu-
lated failure of one power-
plant which occurs before
initiating the final approach
course and continues to
touchdown or through the
missed approach proce-
dure.
(m) Instrument approaches and
spaschal on DSKJM0X7X2PROD with CFR

missed approaches other than ILS


which include the following:
(1) Nonprecision approaches ............................. ............................. U, C .................... I, T.
that the pilot is likely to use.

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Pt. 121, App. E 14 CFR Ch. I (1–1–21 Edition)

Static
Maneuvers/procedures Inflight FFS FTD
airplane

(2) In addition to subpara- ............................. ............................. I, T, U, C.


graph (1) of this paragraph,
at least one other nonpreci-
sion approach and missed
approach procedure that
the pilot is likely to use.
In connection with paragraphs III(l) and III(m),
each instrument approach must be per-
formed according to any procedures and limi-
tations approved for the approach facility
used. The instrument approach begins when
the airplane is over the initial approach fix for
the approach procedure being used (or
turned over to the final approach controller in
the case of GCA approach) and ends when
the airplane touches down on the runway or
when transition to a missed approach con-
figuration is completed.
(n) Circling approaches which include I, T, U, C.
the following:
(1) That portion of the circling I, T, U, C.
approach to the authorized
minimum altitude for the
procedure being used must
be made under simulated
instrument conditions.
(2) The circling approach I, T, U, C.
must be made to the au-
thorized minimum circling
approach altitude followed
by a change in heading
and the necessary maneu-
vering (by visual reference)
to maintain a flight path
that permits a normal land-
ing on a runway at least
90° from the final approach
course of the simulated in-
strument portion of the ap-
proach.
(3) The circling approach I, T, U, C.
must be performed without
excessive maneuvering,
and without exceeding the
normal operating limits of
the airplane. The angle of
bank should not exceed
30°.
Training in the circling approach maneuver is
not required if the certificate holder’s manual
prohibits a circling approach in weather con-
ditions below 1000–3 (ceiling and visibility).
(o) Zero-flap approaches. Training in I, C ...................... ............................. T, U.
this maneuver is not required for a
particular airplane type if the Admin-
istrator has determined that the
probability of flap extension failure
on that type airplane is extremely
remote due to system design. In
making this determination, the Ad-
ministrator determines whether
training on slats only and partial flap
approaches is necessary.
(p) Missed approaches which include
the following:
(1) Missed approaches from ............................. ............................. I, T, U, C.
ILS approaches.
(2) Other missed approaches ............................. ............................. ............................. I, T, U, C.
spaschal on DSKJM0X7X2PROD with CFR

(3) Missed approaches that ............................. ............................. ............................. I, T, U, C.


include a complete ap-
proved missed approach
procedure.

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Federal Aviation Administration, DOT Pt. 121, App. F

Static
Maneuvers/procedures Inflight FFS FTD
airplane

(4) Missed approaches that ............................. ............................. I, T, U, C.


include a powerplant failure.
IV. Landings and Approaches to Landings:
Training in landings and approaches to land-
ings must include the types and conditions
listed below but more than one type may be
combined where appropriate:
(a) Normal landings ............................. I, T, U, C.
(b) Landing and go around with the I, C ...................... ............................. T ......................... U.
horizontal stabilizer out of trim.
(c) Landing in sequence from an ILS I .......................... ............................. T, U, C.
instrument approach.
(d)(1) Crosswind landing ..................... I, T, U, C.
(2) Beginning March 12, I, T, U, C.
2019, crosswind landing,
including crosswind land-
ings with gusts if prac-
ticable under the existing
meteorological, airport, and
traffic conditions.
(e) Maneuvering to a landing with sim-
ulated powerplant failure, as follows:
(1) For 3-engine airplanes, I, C ...................... ............................. T, U.
maneuvering to a landing
with an approved proce-
dure that approximates the
loss of two powerplants
(center and one outboard
engine).
(2) For other multiengine air- I, C ...................... ............................. T, U.
planes, maneuvering to a
landing with a simulated
failure of 50 percent of
available powerplants with
the simulated loss of power
on one side of the airplane.
(f) Landing under simulated circling I .......................... ............................. T, U, C.
approach conditions (exceptions
under III(n) applicable to this re-
quirement).
(g) Rejected landings that include a I .......................... ............................. T, U, C.
normal missed approach procedure
after the landing is rejected. For the
purpose of this maneuver the land-
ing should be rejected at approxi-
mately 50 feet and approximately
over the runway threshold.
(h) Zero-flap landings if the Adminis- I, C ...................... ............................. T, U.
trator finds that maneuver appro-
priate for training in the airplane.
(i) Manual reversion ............................. ............................. ............................. I, T, U, C.
(j) Night landings. For pilots in transi- I, T, U, C.
tion training, this requirement may
be met during the operating experi-
ence required under § 121.434 by
performing a normal landing at night
when a check airman serving as
PIC is occupying a pilot station.

[Amdt. 121–382, 85 FR 10926, Feb. 25, 2020] Certain maneuvers and procedures may be
performed in an FFS or an FTD as indicated
APPENDIX F TO PART 121—PROFICIENCY by the appropriate symbol in the respective
CHECK REQUIREMENTS column opposite the maneuver or procedure.
(b) Whenever a maneuver or procedure is
(a) The maneuvers and procedures required authorized to be performed in an FTD, it
by § 121.441 for pilot proficiency checks are may be performed in an FFS.
spaschal on DSKJM0X7X2PROD with CFR

set forth in this appendix. Except for the (c) A Level B or higher FFS may be used
equipment examination, these maneuvers instead of the airplane to satisfy the inflight
and procedures must be performed inflight. requirements if the FFS is approved under

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Pt. 121, App. F 14 CFR Ch. I (1–1–21 Edition)
§ 121.407 and is used as part of an approved # = When a maneuver is preceded by this
program that meets the requirements for an symbol it indicates the maneuver may be re-
Advanced Simulation Training Program in quired in the airplane at the discretion of
Appendix H of this part. the person conducting the check.
(d) For the purpose of this appendix, the (e) Throughout the maneuvers and proce-
following symbols mean— dures prescribed in this appendix, good judg-
B = Both Pilot in Command (PIC) and Sec- ment commensurate with a high level of
ond in Command (SIC). safety must be demonstrated. In determining
W = May be waived for both PIC and SIC, whether such judgment has been shown, the
except during a proficiency check conducted person conducting the check considers ad-
to qualify a PIC after completing an upgrade herence to approved procedures, actions
training curriculum in accordance with based on analysis of situations for which
§§ 121.420 and 121.426. there is no prescribed procedure or rec-
* = A symbol and asterisk (B* or W*) indi- ommended practice, and qualities of pru-
cates that a particular condition is specified dence and care in selecting a course of ac-
in the maneuvers and procedures column. tion.

Required Permitted

Maneuvers/procedures Simulated Waiver


instrument Inflight FFS FTD provisions of
conditions § 121.441(d)

The procedures and maneuvers set forth in this ap-


pendix must be performed in a manner that satis-
factorily demonstrates knowledge and skill with
respect to—.
(1) The airplane, its systems and compo-
nents;
(2) Proper control of airspeed, configura-
tion, direction, altitude, and attitude in
accordance with procedures and limita-
tions contained in the approved Airplane
Flight Manual, the certificate holder’s op-
erations manual, checklists, or other ap-
proved material appropriate to the air-
plane type; and
(3) Compliance with approach, ATC, or
other applicable procedures.
I. Preflight:
(a) Equipment examination (oral or writ-
ten). As part of the proficiency check the
equipment examination must be closely
coordinated with, and related to, the
flight maneuvers portion but may not be
given during the flight maneuvers por-
tion. The equipment examination must
cover—
(1) Subjects requiring a practical
knowledge of the airplane, its
powerplants, systems, compo-
nents, operational and perform-
ance factors;
(2) Normal, abnormal, and emer-
gency procedures, and the op-
erations and limitations relating
thereto; and.
(3) The appropriate provisions of
the approved Airplane Flight
Manual.
The person conducting the check may accept, as
equal to this equipment examination, an equip-
ment examination given to the pilot in the certifi-
cate holder’s ground training within the preceding
6 calendar months.
(b) Preflight inspection. The pilot must—
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Federal Aviation Administration, DOT Pt. 121, App. F

Required Permitted

Maneuvers/procedures Simulated Waiver


instrument Inflight FFS FTD provisions of
conditions § 121.441(d)

(1) Conduct an actual visual in-


spection of the exterior and in-
terior of the airplane, locating
each item and explaining briefly
the purpose for inspecting it.
The visual inspection may be
conducted using an approved
pictorial means that realistically
portrays the location and detail
of visual inspection items and
provides for the portrayal of
normal and abnormal condi-
tions. If a flight engineer is a re-
quired flightcrew member for
the particular type airplane, the
visual inspection may be
waived under § 121.441(d) ....... .................... .................... .................... B W*
(2) Demonstrate the use of the
prestart checklist, appropriate
control system checks, starting
procedures, radio and elec-
tronic equipment checks, and
the selection of proper naviga-
tion and communications radio
facilities and frequencies prior
to flight ...................................... .................... .................... .................... B
(c)(1) Taxiing. Before March 12, 2019, this
maneuver includes taxiing, sailing, or
docking procedures in compliance with
instructions issued by ATC or by the
person conducting the check. SIC pro-
ficiency checks for a type rating must in-
clude taxiing. However, other SIC pro-
ficiency checks need only include taxiing
to the extent practical from the seat po-
sition assigned to the SIC ....................... .................... B
(c)(2) Taxiing. Beginning March 12, 2019,
this maneuver includes the following: (i)
Taxiing, sailing, or docking procedures
in compliance with instructions issued by
ATC or by the person conducting the
check. (ii) Use of airport diagram (sur-
face movement chart). (iii) Obtaining ap-
propriate clearance before crossing or
entering active runways. (iv) Observation
of all surface movement guidance con-
trol markings and lighting. SIC pro-
ficiency checks for a type rating must in-
clude taxiing. However, other SIC pro-
ficiency checks need only include taxiing
to the extent practical from the seat po-
sition assigned to the SIC ....................... .................... B
(d)(1) Powerplant checks. As appropriate
to the airplane type ................................. .................... .................... B
(d)(2) Beginning March 12, 2019, pre-take-
off procedures that include powerplant
checks, receipt of takeoff clearance and
confirmation of aircraft location, and
FMS entry (if appropriate), for departure
runway prior to crossing hold short line
for takeoff ................................................ .................... .................... B
II. Takeoff:
Takeoffs must include the types listed below, but
more than one type may be combined where ap-
propriate:
spaschal on DSKJM0X7X2PROD with CFR

(a) Normal. One normal takeoff which, for


the purpose of this maneuver, begins
when the airplane is taxied into position
on the runway to be used ....................... .................... B*

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Pt. 121, App. F 14 CFR Ch. I (1–1–21 Edition)

Required Permitted

Maneuvers/procedures Simulated Waiver


instrument Inflight FFS FTD provisions of
conditions § 121.441(d)

(b) Instrument. One takeoff with instrument


conditions simulated at or before reach-
ing an altitude of 100′ above the airport
elevation .................................................. B .................... B*
(c)(1) Crosswind. Before March 12, 2019,
one crosswind takeoff, if practicable,
under the existing meteorological, air-
port, and traffic conditions ....................... .................... B*
(c)(2) Beginning March 12, 2019, one
crosswind takeoff with gusts, if prac-
ticable, under the existing meteorolog-
ical, airport, and traffic conditions ........... .................... B*
#(d) Powerplant failure. One takeoff with a
simulated failure of the most critical
powerplant— .................... .................... B
(1) At a point after V1 and before
V2 that in the judgment of the
person conducting the check is
appropriate to the airplane type
under the prevailing conditions; .................... .................... B
(2) At a point as close as possible
after V1 when V1 and V2 or V1
and Vr are identical; or ............. .................... .................... B
(3) At the appropriate speed for
nontransport category airplanes .................... .................... B
(e) Rejected. A rejected takeoff may be
performed in an airplane during a nor-
mal takeoff run after reaching a reason-
able speed determined by giving due
consideration to aircraft characteristics,
runway length, surface conditions, wind
direction and velocity, brake heat en-
ergy, and any other pertinent factors that
may adversely affect safety or the air-
plane ........................................................ .................... .................... B* .................... W
III. Instrument procedures:
(a) Area departure and area arrival. During
each of these maneuvers the pilot
must— B .................... B .................... W*
(1) Adhere to actual or simulated
ATC clearances (including as-
signed radials); and .................. B .................... B
(2) Properly use available naviga-
tion facilities .............................. B .................... B
Either area arrival or area departure, but not both,
may be waived under § 121.441(d).
(b) Holding. This maneuver includes enter-
ing, maintaining, and leaving holding
patterns. It may be performed in connec-
tion with either area departure or area
arrival ....................................................... B .................... B .................... W
(c) ILS and other instrument approaches.
There must be the following:
(1) At least one normal ILS ap-
proach ....................................... B .................... B
(2) At least one manually con-
trolled ILS approach with a sim-
ulated failure of one power-
plant. The simulated failure
should occur before initiating
the final approach course and
must continue to touchdown or
through the missed approach
procedure .................................. B B
(3) At least one nonprecision ap-
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proach procedure using a type


of nonprecision approach pro-
cedure that the certificate hold-
er is approved to use ................ B .................... B

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Federal Aviation Administration, DOT Pt. 121, App. F

Required Permitted

Maneuvers/procedures Simulated Waiver


instrument Inflight FFS FTD provisions of
conditions § 121.441(d)

(4) At least one nonprecision ap-


proach procedure using a dif-
ferent type of nonprecision ap-
proach procedure than per-
formed under subparagraph (3)
of this paragraph that the cer-
tificate holder is approved to
use ............................................ B .................... .................... B
(5) For each type of EFVS oper-
ation the certificate holder is
authorized to conduct, at least
one instrument approach must
be made using an EFVS .......... B B*
Each instrument approach must be performed ac-
cording to any procedures and limitations ap-
proved for the approach procedure used. The in-
strument approach begins when the airplane is
over the initial approach fix for the approach pro-
cedure being used (or turned over to the final ap-
proach controller in the case of GCA approach)
and ends when the airplane touches down on the
runway or when transition to a missed approach
configuration is completed. Instrument conditions
need not be simulated below 100′ above touch-
down zone elevation.
(d) Circling approaches. If the certificate
holder is approved for circling minimums
below 1000–3 (ceiling and visibility), at
least one circling approach must be
made under the following conditions— .................... .................... B* .................... W*
(1) The portion of the approach to
the authorized minimum circling
approach altitude must be
made under simulated instru-
ment conditions ......................... B .................... B*
(2) The approach must be made
to the authorized minimum cir-
cling approach altitude followed
by a change in heading and the
necessary maneuvering (by vis-
ual reference) to maintain a
flight path that permits a normal
landing on a runway at least
90° from the final approach
course of the simulated instru-
ment portion of the approach ... .................... .................... B*
(3) The circling approach must be
performed without excessive
maneuvering, and without ex-
ceeding the normal operating
limits of the airplane. The angle
of bank should not exceed 30° .................... .................... B*
If local conditions beyond the control of the pilot
prohibit the maneuver or prevent it from being
performed as required, it may be waived as pro-
vided in § 121.441(d). However, the maneuver
may not be waived under this provision for two
successive proficiency checks. Except for a SIC
proficiency check for a type rating, the circling
approach maneuver is not required for a SIC if
the certificate holder’s manual prohibits a SIC
from performing a circling approach in operations
under this part.
(e) Missed approach.
(1) At least one missed approach
from an ILS approach ............... .................... .................... B*
spaschal on DSKJM0X7X2PROD with CFR

(2) At least one additional missed


approach for SIC proficiency
checks for a type rating and for
all PIC proficiency checks ........ .................... .................... B*

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Pt. 121, App. F 14 CFR Ch. I (1–1–21 Edition)

Required Permitted

Maneuvers/procedures Simulated Waiver


instrument Inflight FFS FTD provisions of
conditions § 121.441(d)

A complete approved missed approach procedure


must be accomplished at least once. At the dis-
cretion of the person conducting the check a sim-
ulated powerplant failure may be required during
any of the missed approaches. These maneuvers
may be performed either independently or in con-
junction with maneuvers required under Sections
III or V of this appendix. At least one missed ap-
proach must be performed inflight.
IV. Inflight Maneuvers:
(a) Steep turns. For SIC proficiency
checks for a type rating and for all PIC
proficiency checks, at least one steep
turn in each direction must be per-
formed. Each steep turn must involve a
bank angle of 45° with a heading
change of at least 180° but not more
than 360° ................................................. B .................... B W
(b) Stall Prevention. For the purpose of
this maneuver the approved recovery
procedure must be initiated at the first
indication of an impending stall (buffet,
stick shaker, aural warning). Except as
provided below there must be at least
three stall prevention recoveries as fol-
lows: ........................................................ B .................... B .................... W*
(1) Takeoff configuration (except
where the airplane uses only a
zero-flap takeoff configuration) B .................... B
(2) Clean configuration ................. B .................... B
(3) Landing configuration ............. B .................... B
At the discretion of the person conducting the
check, one stall prevention recovery must be per-
formed in one of the above configurations while
in a turn with the bank angle between 15° and
30°. Two out of the three stall prevention recov-
eries required by this paragraph may be waived.
If the certificate holder is authorized to dispatch or
flight release the airplane with a stall warning de-
vice inoperative the device may not be used dur-
ing this maneuver.
(c) Specific flight characteristics. Recovery
from specific flight characteristics that
are peculiar to the airplane type ............. .................... .................... B .................... W
(d) Powerplant failures. In addition to spe-
cific requirements for maneuvers with
simulated powerplant failures, the per-
son conducting the check may require a
simulated powerplant failure at any time
during the check ...................................... .................... .................... B
V. Landings and Approaches to Landings:
Notwithstanding the authorizations for combining
and waiving maneuvers and for the use of an
FFS, at least two actual landings (one to a full
stop) must be made for all PIC proficiency
checks, all initial SIC proficiency checks, and all
SIC proficiency checks for a type rating.
Landings and approaches to landings must include
the types listed below, but more than one type
may be combined where appropriate:
(a) Normal landing ...................................... .................... B
(b) Landing in sequence from an ILS in-
strument approach except that if cir-
cumstances beyond the control of the
pilot prevent an actual landing, the per-
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son conducting the check may accept


an approach to a point where in his
judgment a landing to a full stop could
have been made ..................................... .................... B*

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Federal Aviation Administration, DOT Pt. 121, App. F

Required Permitted

Maneuvers/procedures Simulated Waiver


instrument Inflight FFS FTD provisions of
conditions § 121.441(d)

(c)(1) Crosswind landing, if practical under


existing meteorological, airport, and traf-
fic conditions ........................................... .................... B*
(c)(2) Beginning March 12, 2019, cross-
wind landing with gusts, if practical
under existing meteorological, airport,
and traffic conditions ............................... .................... B*
(d) Maneuvering to a landing with simu-
lated powerplant failure as follows:
(1) In the case of 3-engine air-
planes, maneuvering to a land-
ing with an approved procedure
that approximates the loss of
two powerplants (center and
one outboard engine); or .......... .................... .................... B*
(2) In the case of other multien-
gine airplanes, maneuvering to
a landing with a simulated fail-
ure of 50 percent of available
powerplants, with the simulated
loss of power on one side of
the airplane ............................... .................... .................... B*
Notwithstanding the requirements of subparagraphs
(d) (1) and (2) of this paragraph, for an SIC pro-
ficiency check, except for an SIC proficiency
check for a type rating, the simulated loss of
power may be only the most critical powerplant.
In addition, a PIC may omit the maneuver required
by subparagraph (d)(1) or (d)(2) of this paragraph
during a required proficiency check or FFS
course of training if he satisfactorily performed
that maneuver during the preceding proficiency
check, or during the preceding approved FFS
course of training under the observation of a
check airman, whichever was completed later.
(e) Except as provided in paragraph (f) of
this section, if the certificate holder is
approved for circling minimums below
1000–3 (ceiling and visibility), a landing
under simulated circling approach condi-
tions. However, when performed in an
airplane, if circumstances beyond the
control of the pilot prevent a landing, the
person conducting the check may ac-
cept an approach to a point where, in
his judgment, a landing to a full stop
could have been made ........................... .................... .................... B*
#(f) A rejected landing, including a normal
missed approach procedure, that is re-
jected approximately 50′ over the run-
way and approximately over the runway
threshold. This maneuver may be com-
bined with instrument, circling, or missed
approach procedures, but instrument
conditions need not be simulated below
100 feet above the runway ..................... .................... .................... B
(g) If the certificate holder is authorized to
conduct EFVS operations to touchdown
and rollout, at least one instrument ap-
proach to a landing must be made using
an EFVS, including the use of enhanced
flight vision from 100 feet above the
touchdown zone elevation to touchdown
and rollout ............................................... B B*
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Pt. 121, App. G 14 CFR Ch. I (1–1–21 Edition)

Required Permitted

Maneuvers/procedures Simulated Waiver


instrument Inflight FFS FTD provisions of
conditions § 121.441(d)

(h) If the certificate holder is authorized to


conduct EFVS operations to 100 feet
above the touchdown zone elevation, at
least one instrument approach to a land-
ing must be made using an EFVS, in-
cluding the transition from enhanced
flight vision to natural vision at 100 feet
above the touchdown zone elevation ..... B B*
VI. Normal and Abnormal Procedures:
Each pilot must demonstrate the proper use of as
many of the systems and devices listed below as
the person conducting the check finds are nec-
essary to determine that the person being
checked has a practical knowledge of the use of
the systems and devices appropriate to the air-
plane type:
(a) Anti-icing and deicing systems ............. .................... .................... B
(b) Autopilot systems .................................. .................... .................... B
(c) Automatic or other approach aid sys-
tems ......................................................... .................... .................... B
(d) Stall warning devices, stall avoidance
devices, and stability augmentation de-
vices ........................................................ .................... .................... B
(e) Airborne radar devices .......................... .................... .................... B
(f) Any other systems, devices, or aids
available .................................................. .................... .................... B
(g) Hydraulic and electrical system failures
and malfunctions ..................................... .................... .................... .................... B
(h) Landing gear and flap systems failure
or malfunction .......................................... .................... .................... .................... B
(i) Failure of navigation or communications
equipment ................................................ .................... .................... B
VII. Emergency Procedures:
Each pilot must demonstrate the proper emergency
procedures for as many of the emergency situa-
tions listed below as the person conducting the
check finds are necessary to determine that the
person being checked has an adequate knowl-
edge of, and ability to perform, such procedure:
(a) Fire in flight ........................................... .................... .................... B
(b) Smoke control ....................................... .................... .................... B
(c) Rapid decompression ............................ .................... .................... B
(d) Emergency descent .............................. .................... .................... B
(e) Any other emergency procedures out-
lined in the approved Airplane Flight
Manual ..................................................... .................... .................... B

[Amdt. 121–382, 85 FR 10929, Feb. 25, 2020] (1) A summary of experience with the sys-
tem showing to the satisfaction of the Ad-
APPENDIX G TO PART 121—DOPPLER ministrator a history of the accuracy and re-
RADAR AND INERTIAL NAVIGATION liability of the system proposed to be used.
SYSTEM (INS): REQUEST FOR EVAL- (2) A training program curriculum for ini-
UATION; EQUIPMENT AND EQUIPMENT tial approval under § 121.405.
INSTALLATION; TRAINING PROGRAM; (3) A maintenance program for compliance
EQUIPMENT ACCURACY AND RELI- with subpart L of this part.
ABILITY; EVALUATION PROGRAM (4) A description of equipment installation.
(5) Proposed revisions to the Operations
1. Application authority. (a) An applicant for Manual outlining all normal and emergency
authority to use a Doppler Radar or Inertial procedures relative to use of the proposed
Navigation System must submit a request system, including detailed methods for con-
for evaluation of the system to the respon- tinuing the navigational function with par-
sible Flight Standards office charged with tial or complete equipment failure, and
spaschal on DSKJM0X7X2PROD with CFR

the overall inspection of its operations 30 methods for determining the most accurate
days prior to the start of evaluation flights. system when an unusually large divergence
(b) The application must contain: between systems occurs. For the purpose of

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Federal Aviation Administration, DOT Pt. 121, App. G
this appendix, a large divergence is a diver- (3) The present position of the airplane in
gence that results in a track that falls be- suitable coordinates.
yond clearance limits. (4) Information relative to destinations or
(6) Any proposed revisions to the minimum waypoint positions:
equipment list with adequate justification (i) The information needed to gain and
therefor. maintain a desired track and to determine
(7) A list of operations to be conducted deviations from the desired track.
using the system, containing an analysis of (ii) The information needed to determine
each with respect to length, magnetic com- distance and time to go to the next waypoint
pass reliability, availability of en route aids, or destination.
and adequacy of gateway and terminal radio (c) For INS installations that do not have
facilities to support the system. For the pur- memory or other inflight alignment means,
pose of this appendix, a gateway is a specific a separate electrical power source (inde-
navigational fix where use of long range pendent of the main propulsion system) must
navigation commences or terminates. be provided which can supply, for at least 5
2. Equipment and equipment installation—In- minutes, enough power (as shown by analysis
ertial Navigation Systems (INS) or Doppler or as demonstrated in the airplane) to main-
Radar System. (a) Inertial Navigation and tain the INS in such condition that its full
Doppler Radar Systems must be installed in capability is restored upon the reactivation
accordance with applicable airworthiness re- of the normal electrical supply.
quirements. (d) The equipment must provide such vis-
(b) Cockpit arrangement must be visible ual, mechanical, or electrical output signals
and useable by either pilot seated at his duty as may be required to permit the flight crew
station. to detect probable failures or malfunctions
(c) The equipment must provide, by visual, in the system.
mechanical, or electrical output signals, in-
4. Equipment and equipment installation—
dications of the invalidity of output data
Doppler Radar Systems. (a) If an applicant
upon the occurrence of probable failures or
elects to use a Doppler Radar System it
malfunctions within the system.
must be at least a dual system (including
(d) A probable failure or malfunction with-
dual antennas or a combined antenna de-
in the system must not result in loss of the
signed for multiple operation), except that:
aircraft’s required navigation capability.
(e) The alignment, updating, and naviga- (1) A single operating transmitter with a
tion computer functions of the system must standby capable of operation may be used in
not be invalidated by normal aircraft power lieu of two operating transmitters.
interruptions and transients. (2) Single heading source information to
(f) The system must not be the source of all installations may be utilized, provided a
cause of objectionable radio frequency inter- compass comparator system is installed and
ference, and must not be adversely affected operational procedures call for frequent
by radio frequency interference from other cross-checks of all compass heading indica-
aircraft systems. tors by crewmembers.
(g) The FAA-approved airplane flight man- The dual system may consist of either two
ual, or supplement thereto, must include Doppler Radar units or one Doppler Radar
pertinent material as required to define the unit and one INS unit.
normal and emergency operating procedures (b) At least two systems must be oper-
and applicable operating limitations associ- ational at takeoff.
ated with INS and Doppler performance (c) As determined by the Administrator
(such as maximum latitude at which ground and specified in the certificate holder’s oper-
alignment capability is provided, or devi- ations specifications, other navigational aids
ations between systems). may be required to update the Doppler Radar
3. Equipment and equipment installation—In- for a particular operation. These may in-
ertial Navigation Systems (INS). (a) If an appli- clude DME, VOR, ADF, ground-based radar,
cant elects to use an Inertial Navigation and airborne weather radar. When these aids
System it must be at least a dual system (in- are required, the cockpit arrangement must
cluding navigational computers and ref- be such that all controls are accessible to
erence units). At least two systems must be each pilot seated at his duty station.
operational at takeoff. The dual system may 5. Training programs. The initial training
consist of either two INS units, or one INS program for Doppler Radar and Inertial
unit and one Doppler Radar unit. Navigation Systems must include the fol-
(b) Each Inertial Navigation System must lowing:
incorporate the following: (a) Duties and responsibilities of flight
(1) Valid ground alignment capability at crewmembers, dispatchers, and maintenance
all latitudes appropriate for intended use of personnel.
the installation. (b) For pilots, instruction in the following:
spaschal on DSKJM0X7X2PROD with CFR

(2) A display of alignment status or a ready (1) Theory and procedures, limitations, de-
to navigate light showing completed align- tection of malfunctions, preflight and
ment to the flight crew. inflight testing, and cross-checking methods.

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Pt. 121, App. H 14 CFR Ch. I (1–1–21 Edition)
(2) The use of computers, an explanation of navigation has been satisfactorily dem-
all systems, compass limitations at high onstrated.
latitudes, a review of navigation, flight plan-
[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972, as
ning, and applicable meteorology.
amended by Amdt. 121–207, 54 FR 39293, Sept.
(3) The methods for updating by means of 25, 1989; Docket FAA–2017–0733, Amdt. 121–
reliable fixes. 379, 82 FR 34398, July 25, 2017; Docket FAA–
(4) The actual plotting of fixes. 2018–0119, Amdt. 121–380, 83 FR 9173, Mar. 5,
(c) Abnormal and emergency procedures. 2018]
6. Equipment accuracy and reliability. (a)
Each Inertial Navigation System must meet APPENDIX H TO PART 121—ADVANCED
the following accuracy requirements, as ap- SIMULATION
propriate:
(1) For flights up to 10 hours’ duration, no This appendix prescribes criteria for use of
greater than 2 nautical miles per hour of cir- Level B or higher FFSs to satisfy the
cular error on 95 percent of system flights inflight requirements of Appendices E and F
completed is permitted. of this part and the requirements of § 121.439.
(2) For flights over 10 hours’ duration, a The criteria in this appendix are in addition
tolerance of ±20 miles cross-track and ±25 to the FFS approval requirements in
miles along-track on 95 percent of system § 121.407. Each FFS used under this appendix
flights completed is permitted. must be approved as a Level B, C, or D FFS,
(b) Compass heading information to the as appropriate.
Doppler Radar must be maintained to an ac- ADVANCED SIMULATION TRAINING PROGRAM
curacy of ±1° and total system deviations
must not exceed 2°. When free gyro tech- For a certificate holder to conduct Level C
niques are used, procedures shall be utilized or D training under this appendix all re-
to ensure that an equivalent level of heading quired FFS instruction and checks must be
accuracy and total system deviation is at- conducted under an advanced simulation
tained. training program approved by the Adminis-
(c) Each Doppler Radar System must meet trator for the certificate holder. This pro-
accuracy requirements of ±20 miles cross- gram must also ensure that all instructors
track and ±25 miles along-track for 95 per- and check airmen used in Appendix H train-
cent of the system flights completed. Updat- ing and checking are highly qualified to pro-
ing is permitted. vide the training required in the training
program. The advanced simulation training
A system that does not meet the require- program must include the following:
ments of this section will be considered a 1. The certificate holder’s initial, transi-
failed system. tion, conversion, upgrade, and recurrent FFS
7. Evaluation program. (a) Approval by eval- training programs and its procedures for re-
uation must be requested as a part of the ap- establishing recency of experience in the
plication for operational approval of a Dopp- FFS.
ler Radar or Inertial Navigation System. 2. How the training program will integrate
(b) The applicant must provide sufficient Level B, C, and D FFSs with other FSTDs to
flights which show to the satisfaction of the maximize the total training, checking, and
Administrator the applicant’s ability to use certification functions.
cockpit navigation in his operation. 3. Documentation that each instructor and
(c) The Administrator bases his evaluation check airman has served for at least 1 year
on the following: in that capacity in a certificate holder’s ap-
(1) Adequacy of operational procedures. proved program or has served for at least 1
(2) Operational accuracy and reliability of year as a pilot in command or second in com-
equipment and feasibility of the system with mand in an airplane of the group in which
regard to proposed operations. that pilot is instructing or checking.
(3) Availability of terminal, gateway, area, 4. A procedure to ensure that each instruc-
and en route ground-based aids, if required, tor and check airman actively participates
to support the self-contained system. in either an approved regularly scheduled
line flying program as a flightcrew member
(4) Acceptability of cockpit workload.
or an approved line observation program in
(5) Adequacy of flight crew qualifications.
the same airplane type for which that person
(6) Adequacy of maintenance training and is instructing or checking.
availability of spare parts. 5. A procedure to ensure that each instruc-
After successful completion of evaluation tor and check airman is given a minimum of
demonstrations, FAA approval is indicated 4 hours of training each year to become fa-
by issuance of amended operations specifica- miliar with the certificate holder’s advanced
tions and en route flight procedures defining simulation training program, or changes to
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the new operation. Approval is limited to it, and to emphasize their respective roles in
those operations for which the adequacy of the program. Training for instructors and
the equipment and the feasibility of cockpit check airmen must include training policies

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Federal Aviation Administration, DOT Pt. 121, App. K
and procedures, instruction methods and i. Normal category before July 1, 1970, and
techniques, operation of FFS controls (in- meets special conditions issued by the Ad-
cluding environmental and trouble panels), ministrator for airplanes intended for use in
limitations of the FFS, and minimum equip- operations under part 135 of this chapter.
ment required for each course of training. ii. Normal category before July 19, 1970,
6. A special Line-Oriented Flight Training and meets the additional airworthiness
(LOFT) program to facilitate the transition standards in SFAR No. 23 of 14 CFR part 23.
from the FFS to line flying. This LOFT pro- iii. Normal category, and complies with
gram must consist of at least a 4-hour course the additional airworthiness standards in ap-
of training for each flightcrew. It also must pendix A of part 135 of this chapter.
contain at least two representative flight iv. Normal category, and complies with
segments of the certificate holder’s oper- section 1.(a) or 1.(b) of SFAR No. 41 of 14 CFR
ations. One of the flight segments must con- part 21.
tain strictly normal operating procedures b. After March 20, 1997, each airplane:
from push back at one airport to arrival at i. Type certificated prior to March 29, 1995,
another. Another flight segment must con- in the commuter category.
tain training in appropriate abnormal and ii. Manufactured on or after March 20, 1997,
emergency flight operations. After March 12, and that was type certificated in the normal
2019, the LOFT must provide an opportunity category, and complies with the require-
for the pilot to demonstrate workload man- ments described in paragraphs 1.a.i through
agement and pilot monitoring skills. iii of this appendix.
2. Background. Sections 121.157 and
FFS TRAINING, CHECKING AND QUALIFICATION
PERMITTED 121.173(b) require that the airplanes operated
under this part and described in paragraph 1
1. Level B FFS of this appendix, comply with the Airplane
Performance Operating Limitations in
a. Recent experience (§ 121.439). §§ 121.189 through 121.197. Airplanes described
b. Training in night takeoffs and landings in § 121.157(f) and paragraph 1.a of this appen-
(Appendix E of this part). dix must comply on and after December 20,
c. Except for EFVS operations, landings in 2010. Airplanes described in § 121.157(e) and
a proficiency check (Appendix F of this paragraph 1.b of this appendix must comply
part). on and after March 20, 1997. (Airplanes type
2. Level C and D FFS certificated in the normal category, and in
accordance with SFAR No. 41 of 14 CFR part
a. Recent experience (§ 121.439). 21, as described in paragraph 1.a.iv of this ap-
b. All pilot flight training and checking re- pendix, may not be produced after October
quired by this part except the following: 17, 1991.)
i. The operating experience, operating cy- 3. References. Unless otherwise specified,
cles, and consolidation of knowledge and references in this appendix to sections of
skills requirements of § 121.434; part 23 of this chapter are to those sections
ii. The line check required by § 121.440; and of 14 CFR part 23, as amended by Amend-
iii. The visual inspection of the exterior ment No. 23–45 (August 6, 1993, 58 FR 42156).
and interior of the airplane required by ap-
pendices E and F. Performance
c. The practical test requirements of
§ 61.153(h) of this chapter, except the visual 4. Interim Airplane Performance Operating
inspection of the exterior and interior of the Limitations.
airplane. a. Until December 20, 2010, airplanes de-
scribed in paragraph 1.a of this appendix may
[Amdt. 121–382, 85 FR 10934, Feb. 25, 2020] continue to comply with the requirements in
subpart I of part 135 and § 135.181(a)(2) of this
APPENDIXES I–J TO PART 121 chapter that apply to small, nontransport
[RESERVED] category airplanes.
b. Until March 20, 1997, airplanes described
APPENDIX K TO PART 121—PERFORM- in paragraph 1.b.i of this appendix may con-
ANCE REQUIREMENTS FOR CERTAIN tinue to comply with the requirements in
TURBOPROPELLER POWERED AIR- subpart I of part 135 of this chapter that
PLANES apply to commuter category airplanes.
5. Final Airplane Performance Operating Lim-
1. Applicability. This appendix specifies re- itations.
quirements for the following turbopropeller a. Through an amended type certification
powered airplanes that must comply with program or a supplemental type certification
the Airplane Performance Operating Limita- program, each airplane described in para-
tions in §§ 121.189 through 121.197: graph 1.a and 1.b.ii of this appendix must be
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a. After December 20, 2010, each airplane shown to comply with the commuter cat-
manufactured before March 20, 1997 and type egory performance requirements specified in
certificated in the: this appendix, which are included in part 23

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Pt. 121, App. L 14 CFR Ch. I (1–1–21 Edition)
of this chapter. Each new revision to a cur- xii. Sections 23.1581 through 23.1589 Air-
rent airplane performance operating limita- plane flight manual and approved manual
tion for an airplane that is or has been dem- material.
onstrated to comply, must also be approved 6. Operation. After compliance with the
by the Administrator. An airplane approved final airplane performance operating limita-
to the requirements of section 1.(b) of SFAR tions requirements has been demonstrated
No. 41 of 14 CFR part 21, as described in para- and added to the Airplane Flight Manual
graph 1.a.iv of this appendix, and that has performance data of the affected airplane,
been demonstrated to comply with the addi- that airplane must be operated in accordance
tional requirements of section 4.(c) of SFAR with the performance limitations of §§ 121.189
No. 41 of 14 CFR part 21 and International
through 121.197.
Civil Aviation Organization Annex 8 (avail-
able from the FAA, 800 Independence Avenue [Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as
SW., Washington, DC 20591), will be consid- amended by Doc. No. OST–2002–13435]
ered to be in compliance with the commuter
category performance requirements. APPENDIX L TO PART 121—TYPE CER-
b. Each turbopropeller powered airplane TIFICATION REGULATIONS MADE PRE-
subject to this appendix must be dem-
VIOUSLY EFFECTIVE
onstrated to comply with the airplane per-
formance operating limitation requirements Appendix L lists regulations in this part
of this chapter specified as follows:
that require compliance with standards con-
i. Section 23.45 Performance General.
tained in superseded type certification regu-
ii. Section 23.51 Takeoff.
iii. Section 23.53 Takeoff speeds. lations that continue to apply to certain
iv. Section 23.55 Accelerate stop distance. transport category airplanes. The tables set
v. Section 23.57 Takeoff path. out citations to current CFR section, appli-
vi. Section 23.59 Takeoff distance and take- cable aircraft, superseded type certification
off run. regulation and applicable time periods, and
vii. Section 23.61 Takeoff flight path. the CFR edition and FEDERAL REGISTER doc-
viii. Section 23.65 Climb: All engines oper- uments where the regulation having prior ef-
ating. fect is found. Copies of all superseded regula-
ix. Section 23.67 Climb: one engine inoper- tions may be obtained at the Federal Avia-
ative. tion Administration Law Library, Room 924,
x. Section 23.75 Landing. 800 Independence Avenue SW., Washington,
xi. Section 23.77 Balked landing. DC.

Part 121 section Applicable aircraft Provisions: CFR/FR references

§ 121.312(a)(1)(i) ............ Transport category; or nontransport category Heat release rate testing. 14 CFR 25.853(d) in
type certificated before January 1, 1965; pas- effect March 6, 1995: 14 CFR parts 1 to 59,
senger capacity of 20 or more; manufactured Revised as of January 1, 1995, and amended
prior to August 20, 1990. by Amdt. 25–83, 60 FR 6623, February 2,
1995.
Formerly 14 CFR 25.853(a–1) in effect August
20, 1986: 14 CFR parts 1 to 59, Revised as of
January 1, 1986.
§ 121.312(a)(1)(ii) ........... Transport category; or nontransport category Heat release rate and smoke testing. 14 CFR
type certificated before January 1, 1965; pas- 25.853(d) in effect March 6, 1995: 14 CFR
senger capacity of 20 or more; manufactured parts 1 to 59, Revised as of January 1, 1995,
after August 19, 1990. and amended by Amdt. 25–83, 60 FR 6623,
February 2, 1995.
Formerly 14 CFR 25.853(a–1) in effect Sep-
tember 26, 1988: 14 CFR parts 1 to 59, Re-
vised as of January 1, 1988, and amended by
Amdt. 25–66, 53 FR 32584, August 25, 1988
§ 121.312(a)(2)(i) ............ Transport category; or nontransport category Provisions of 14 CFR 25.853 in effect on April
type certificate before January 1, 1965; appli- 30, 1972: 14 CFR parts 1 to 59, Revised as of
cation for type certificate filed prior to May 1, January 1, 1972.
1972; substantially complete replacement of
cabin interior on or after May 1, 1972.
§ 121.312(a)(3)(i) ............ Transport category type certificated after January Heat release rate testing. 14 CFR 25.853(d) in
1, 1958; nontransport category type certificated effect March 6, 1995: 14 CFR parts 1 to 59,
after January 1, 1958, but before January 1, Revised as of January 1, 1995; and amended
1965; passenger capacity of 20 or more; sub- by \n25–83, 60 FR 6623, February 2, 1995.
stantially complete replacement of the cabin in- Formerly 14 CFR 25.853(a–1) in effect August
terior on or after March 6, 1995. 20, 1986: 14 CFR parts 1 to 59, Revised as of
January 1, 1986.
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Federal Aviation Administration, DOT Pt. 121, App. M

Part 121 section Applicable aircraft Provisions: CFR/FR references

§ 121.312(a)(3)(ii) ........... Transport category type certificated after January Heat release rate and smoke testing. 14 CFR
1, 1958; nontransport category type certificated 25.853(d) in effect March 6, 1995; 14 CFR
after January 1, 1958, but before January 1, parts 1 to 59, Revised as of January 1, 1995;
1965; passenger capacity of 20 or more; sub- and amended by \n25–83, 60 FR 6623, Feb-
stantially complete replacement of the cabin in- ruary 2, 1995.
terior on or after August 20, 1990. Formerly 14 CFR § 25.853(a–1) in effect Sep-
tember 26, 1988: CFR, Title 14, Parts 1 to 59,
Revised as of January 1, 1988, and amended
by \n25–66, 53 FR 32584, August 25, 1988.
§ 121.312(b) (1) and (2) Transport category airplane type certificated after Seat cushions. 14 CFR 25.853(c) effective on
January 1, 1958; Nontransport category air- November 26, 1984: 14 CFR parts 1 to 59,
plane type certificated after December 31, Revised as of January 1, 1984, and amended
1964. by \n25–59, 49 FR 43188, October 26, 1984.
§ 121.312(c) .................... Airplane type certificated in accordance with Compartment interior requirements. 14 CFR
SFAR No. 41; maximum certificated takeoff 25.853(a) in effect March 6, 1995: 14 CFR
weight in excess of 12,500 pounds. parts 1 to 59, Revised as of January 1, 1995,
and amended by \n25–83, 60 FR 6623, Feb-
ruary 2, 1995.
Formerly 14 CFR 25.853(a), (b–1), (b–2), and
(b–3) in effect on September 26, 1978: 14
CFR parts 1 to 59, Revised as of January 1,
1978.
§ 121.314(a) ................... Transport category airplanes type certificated Class C or D cargo or baggage compartment
after January 1, 1958. definition, 14 CFR 25.857 in effect on June 16,
1986, 14 CFR parts 1 to 59, Revised 1/1/97,
and amended by Amendment 25–60, 51 FR
18243, May 16, 1986.

[Doc. No. 28154, 60 FR 65936, Dec. 20, 1995, as amended by Amdt. 121–269, 63 FR 8049, Feb. 17,
1998]

APPENDIX M TO PART 121—AIRPLANE FLIGHT RECORDER SPECIFICATIONS


The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

1. Time or relative 24 Hrs, 0 to ±0.125% per 4 ........................ 1 sec ................. UTC time preferred when
times counts. 1 4095. hour. available. Count incre-
ments each 4 seconds of
system operation.
2. Pressure Alti- ¥1000 ft to max ±100 to ±700 ft 1 ........................ 5′ to 35′ ............. Data should be obtained
tude. certificated alti- (see table, from the air data computer
tude of aircraft. TSO C124a or when practicable.
+ 5000 ft. TSO C51a).
3. Indicated air- 50 KIAS or min- ±5% and ±3% .... 1 ........................ 1 kt .................... Data should be obtained
speed or Cali- imum value to from the air data computer
brated airspeed. Max Vso to 1.2 when practicable.
V. D.
4. Heading (Pri- 0–360° and Dis- ±2° ..................... 1 ........................ 0.5° .................... When true or magnetic head-
mary flight crew crete ‘‘true’’ or ing can be selected as the
reference). ‘‘mag’’. primary heading reference,
a discrete indicating selec-
tion must be recorded.
5. Normal accel- ¥3g to + 6g ...... ±1% of max 0.125 ................. 0.004g.
eration range exclud-
(vertical) 9. ing datum
error of ±5%.
6. Pitch Attitude .. ±75° ................... ±2° ..................... 1 or 0.25 for air- 0.5° .................... A sampling rate of 0.25 is
planes oper- recommended.
ated under
§ 121.344(f).
7. Roll attitude 2 ... ±180° ................. ±2° ..................... 1 or 0.5 for air- 0.5 ..................... A sampling rate of 0.5 is rec-
planes oper- ommended.
ated under
spaschal on DSKJM0X7X2PROD with CFR

§ 121.344(f).

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Pt. 121, App. M 14 CFR Ch. I (1–1–21 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

8. Manual Radio On-Off (Discrete) ........................... 1 ........................ ........................... Preferably each crew mem-
Transmitter None ber but one discrete ac-
Keying or CVR/ ceptable for all trans-
DFDR synchro- mission provided the CVR/
nization ref- FDR system complies with
erence. TSO C124a CVR synchro-
nization requirements
(paragraph 4.2.1 ED–55).
9. Thrust/power Full range for- ±2% ................... 1 (per engine) ... 0.3% of full Sufficient parameters (e.g.
on each en- ward. range. EPR, N1 or Torque, NP)
gine—primary as appropriate to the par-
flight crew ref- ticular engine being re-
erence. corded to determine power
in forward and reverse
thrust, including potential
overspeed condition.
10. Autopilot En- Discrete ‘‘on’’ or ........................... 1 ........................ ...........................
gagement. ‘‘off’’.
11. Longitudinal ±1g .................... ±1.5% max. 0.25 ................... 0.004g ...............
Acceleration. range exclud-
ing datum
error of ±5%.
12a. Pitch con- Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.5% of full For airplanes that have a
trol(s) position er accuracy airplanes oper- range. flight control breakaway
(nonfly-by-wire uniquely re- ated under capability that allows either
systems). 18 quired. § 121.344(f). pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5 or 0.25, as ap-
plicable.
12b. Pitch con- Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.2% of full
trol(s) position er accuracy airplanes oper- range.
(fly-by-wire sys- uniquely re- ated under
tems). 3 18 quired. § 121.344(f).
13a. Lateral con- Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.2% of full For airplanes that have a
trol position(s) er accuracy airplanes oper- range. flight control breakaway
(nonfly-by- uniquely re- ated under capability that allows either
wire). 18 quired. § 121.344(f). pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5 or 0.25, as ap-
plicable.
13b. Lateral con- Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.2% of full
trol position(s) er accuracy airplanes oper- range..
(fly-by-wire). 4 18 uniquely re- ated under
quired. § 121.344(f).
14a. Yaw control Full Range ......... ±2° unless high- 0.5 ..................... 0.3% of full For airplanes that have a
position(s) er accuracy range. flight control breakaway
(nonfly-by- uniquely re- capability that allows either
wire). 5 18 quired. pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5.
14b. Yaw control Full Range ......... ±2° unless high- 0.5 ..................... 0.2% of full
position(s) (fly- er accuracy range.
spaschal on DSKJM0X7X2PROD with CFR

by-wire). 18 uniquely re-


quired.

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Federal Aviation Administration, DOT Pt. 121, App. M
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

15. Pitch control Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.3% of full For airplanes fitted with mul-
surface(s) posi- er accuracy airplanes oper- range. tiple or split surfaces, a
tion. 6 18 uniquely re- ated under suitable combination of in-
quired. § 121.344(f). puts is acceptable in lieu of
recording each surface
separately. The control
surfaces may be sampled
alternately once per sec-
ond to produce the sam-
pling interval of 0.5 or
0.25, as applicable.
16. Lateral control Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.3% of full A suitable combination of
surface(s) posi- er accuracy airplanes oper- range. surface position sensors is
tion. 7 18 uniquely re- ated under acceptable in lieu of re-
quired. § 121.344(f). cording each surface sepa-
rately. The control surfaces
may be sampled alter-
nately to produce the sam-
pling interval of 0.5 or
0.25, as applicable.
17. Yaw control Full Range ......... ±2° unless high- 0.5 ..................... 0.2% of full For airplanes with multiple or
surface(s) posi- er accuracy range. split surfaces, a suitable
tion. 8 18 uniquely re- combination of surface po-
quired. sition sensors is accept-
able in lieu of recording
each surface separately.
The control surfaces may
be sampled alternately to
produce the sampling inter-
val of 0.5.
18. Lateral Accel- ±1g .................... ±1.5% max. 0.25 ................... 0.004g
eration. range exclud-
ing datum
error of ±5%.
19. Pitch Trim Full Range ......... ±3° Unless High- 1 ........................ 0.6% of full
Surface Posi- er Accuracy range.
tion. Uniquely Re-
quired.
20. Trailing Edge Full Range or ±3° or as Pilot’s 2 ........................ 0.5% of full Flap position and cockpit
Flap or Cockpit Each Position indicator. range. control may each be sam-
Control Selec- (discrete). pled at 4 second intervals,
tion. 10. to give a data point every
2 seconds.
21. Leading Edge Full Range or ±3° or as Pilot’s 2 ........................ 0.5% of full Left and right sides, or flap
Flap or Cockpit Each Discrete indicator and range. position and cockpit control
Control Selec- Position. sufficient to may each be sampled at 4
tion. 11. determine second intervals, so as to
each discrete give a data point every 2
position. seconds.
22. Each Thrust Stowed, In Tran- ........................... 1 (per engine) ... ........................... Turbo-jet—2 discretes enable
Reverser Posi- sit, and Re- the 3 states to be deter-
tion (or equiva- verse (Dis- mined.
lent for pro- crete). Turbo-prop—discrete.
peller airplane).
23. Ground spoil- Full range or ±2° Unless high- 1 or 0.5 for air- 0.5% of full
er position or each position er accuracy planes oper- range.
brake selec- (discrete). uniquely re- ated under
tion 12. quired. § 121.344(f).
24. Outside Air ¥50 °C to + 90 ±2 °C ................. 2 ........................ 0.3 °C ................
Temperature or °C.
Total Air Tem-
perature. 13.
25. Autopilot/ A suitable com- ........................... 1 ........................ ........................... Discretes should show which
Autothrottle/ bination of systems are engaged and
spaschal on DSKJM0X7X2PROD with CFR

AFCS Mode discretes. which primary modes are


and Engage- controlling the flight path
ment Status. and speed of the aircraft.

301

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Pt. 121, App. M 14 CFR Ch. I (1–1–21 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

26. Radio Alti- ¥20 ft to 2,500 ±2 ft or ±3% 1 ........................ 1 ft + 5% above For autoland/category 3 op-
tude 14. ft. whichever is 500 ft. erations. Each radio altim-
greater below eter should be recorded,
500 ft and but arranged so that at
±5% above least one is recorded each
500 ft. second.
27. Localizer De- ±400 Microamps As installed ±3% 1 ........................ 0.3% of full For autoland/category 3 op-
viation, MLS or available recommended. range. erations. Each system
Azimuth, or sensor range should be recorded but ar-
GPS Latitude as installed. ranged so that at least one
Deviation. ±62° is recorded each second. It
is not necessary to record
ILS and MLS at the same
time, only the approach aid
in use need be recorded.
28. Glideslope ±400 Microamps As installed + 1 ........................ 0.3% of full For autoland/category 3 op-
Deviation, MLS or available /3¥3% rec- range. erations. Each system
Elevation, or sensor range ommended. should be recorded but ar-
GPS Vertical as installed ranged so that at least one
Deviation. 0.9 to + 30° is recorded each second. It
is not necessary to record
ILS and MLS at the same
time, only the approach aid
in use need be recorded.
29. Marker Bea- Discrete ‘‘on’’ or ........................... 1 ........................ ........................... A single discrete is accept-
con Passage. ‘‘off’’. able for all markers.
30. Master Warn- Discrete ............. ........................... 1 ........................ ........................... Record the master warning
ing. and record each ‘‘red’’
warning that cannot be de-
termined from other pa-
rameters or from the cock-
pit voice recorder.
31. Air/ground Discrete ‘‘air’’ or ........................... 1 (0.25 rec-
sensor (primary ‘‘ground’’. ommended).
airplane system
reference nose
or main gear).
32. Angle of At- As installed ........ As installed ........ 2 or 0.5 for air- 0.3% of full If left and right sensors are
tack (If meas- planes oper- range. available, each may be re-
ured directly). ated under corded at 4 or 1 second in-
§ 121.344(f). tervals, as appropriate, so
as to give a data point at 2
seconds or 0.5 second, as
required.
33. Hydraulic Discrete or avail- ±5% ................... 2 ........................ 0.5% of full
Pressure Low, able sensor range.
Each System. range, ‘‘low’’ or
‘‘normal’’.
34. Groundspeed As Installed ....... Most Accurate 1 ........................ 0.2% of full
Systems In- range.
stalled.
35. GPWS Discrete ‘‘warn- ........................... 1 ........................ ........................... A suitable combination of
(ground prox- ing’’ or ‘‘off’’. discretes unless recorder
imity warning capacity is limited in which
system). case a single discrete for
all modes is acceptable.
36. Landing Gear Discrete ............. ........................... 4 ........................ ........................... A suitable combination of
Position or discretes should be re-
Landing gear corded.
cockpit control
selection.
37. Drift Angle. 15 As installed ........ As installed ........ 4 ........................ 0.1° ....................
38. Wind Speed As installed ........ As installed ........ 4 ........................ 1 knot, and 1.0°.
and Direction.
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Federal Aviation Administration, DOT Pt. 121, App. M
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

39. Latitude and As installed ........ As installed ........ 4 ........................ 0.002°, or as in- Provided by the Primary
Longitude. stalled. Navigation System Ref-
erence. Where capacity
permits Latitude/longitude
resolution should be
0.0002°.
40. Stick shaker Discrete(s) ‘‘on’’ ........................... 1 ........................ ........................... A suitable combination of
and pusher acti- or ‘‘off’’. discretes to determine acti-
vation. vation.
41. Windshear Discrete ‘‘warn- ........................... 1.
Detection. ing’’ or ‘‘off’’.
42. Throttle/power Full Range ......... ±2% ................... 1 for each lever 2% of full range For airplanes with non-me-
Leverl posi- chanically linked cockpit
tion. 16. engine controls.
43. Additional En- As installed ........ As installed ........ Each engine 2% of full range Where capacity permits, the
gine Param- each second. preferred priority is indi-
eters. cated vibration level, N2,
EGT, Fuel Flow, Fuel Cut-
off lever position and N3,
unless engine manufac-
turer recommends other-
wise.
44. Traffic Alert Discretes ........... As installed ........ 1 ........................ ........................... A suitable combination of
and Collision discretes should be re-
Avoidance Sys- corded to determine the
tem (TCAS). status of—Combined Con-
trol, Vertical Control, Up
Advisory, and Down Advi-
sory. (ref. ARINC Char-
acteristic 735 Attachment
6E, TCAS VERTICAL RA
DATA OUTPUT WORD.)
45. DME 1 and 2 0–200 NM ......... As installed ........ 4 ........................ 1 NM ................. 1 mile
Distance.
46. Nav 1 and 2 Full Range ......... As installed ........ 4 ........................ ........................... Sufficient to determine se-
Selected Fre- lected frequency
quency.
47. Selected baro- Full Range ......... ±5% ................... (1 per 64 sec.) .. 0.2% of full
metric setting. range
48. Selected Alti- Full Range ......... ±5% ................... 1 ........................ 100 ft
tude.
49. Selected Full Range ......... ±5% ................... 1 ........................ 1 knot
speed.
50. Selected Full Range ......... ±5% ................... 1 ........................ .01
Mach.
51. Selected Full Range ......... ±5% ................... 1 ........................ 100 ft/min
vertical speed.
52. Selected Full Range ......... ±5% ................... 1 ........................ 1°
heading.
53. Selected flight Full Range ......... ±5% ................... 1 ........................ 1°
path.
54. Selected deci- Full Range ......... ±5% ................... 64 ...................... 1 ft
sion height.
55. EFIS display Discrete(s) ......... ........................... 4 ........................ ........................... Discretes should show the
format. display system status (e.g.,
off, normal, fail, composite,
sector, plan, nav aids,
weather radar, range,
copy.
56. Multi-function/ Discrete(s) ......... ........................... 4 ........................ ........................... Discretes should show the
Engine Alerts display system status (e.g.,
Display format. off, normal, fail, and the
identity of display pages
for emergency procedures,
spaschal on DSKJM0X7X2PROD with CFR

need not be recorded.


57. Thrust com- Full Range ......... ±2% ................... 2 ........................ 2% of full range.
mand. 17.
58. Thrust target Full Range ......... ±2% ................... 4 ........................ 2% of full range

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Pt. 121, App. M 14 CFR Ch. I (1–1–21 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

59. Fuel quantity Full Range ......... ±5% ................... (1 per 64 sec.) .. 1% of full range
in CG trim tank.
60. Primary Navi- Discrete GPS, ........................... 4 ........................ ........................... A suitable combination of
gation System INS, VOR/ discretes to determine the
Reference. DME, MLS, Primary Navigation System
Localizer reference.
Glideslope.
61. Ice Detection Discrete ‘‘ice’’ or ........................... 4
‘‘no ice’’.
62. Engine warn- Discrete ............. ........................... 1
ing each engine
vibration.
63. Engine warn- Discrete ............. ........................... 1
ing each engine
over temp.
64. Engine warn- Discrete ............. ........................... 1
ing each engine
oil pressure low.
65. Engine warn- Discrete ............. ........................... 1
ing each engine
over speed.
66. Yaw Trim Sur- Full Range ......... ±3% Unless 2 ........................ 0.3% of full
face Position. Higher Accu- range.
racy Uniquely
Required.
67. Roll Trim Sur- Full Range ......... ±3% Unless 2 ........................ 0.3% of full
face Position. Higher Accu- range.
racy Uniquely
Required.
68. Brake Pres- As installed ........ ±5% ................... 1 ........................ ........................... To determine braking effort
sure (left and applied by pilots or by
right). autobrakes.
69. Brake Pedal Discrete or Ana- ±5% (Analog) .... 1 ........................ ........................... To determine braking applied
Application (left log ‘‘applied’’ by pilots.
and right). or ‘‘off’’.
70. Yaw or side- Full Range ......... ±5% ................... 1 ........................ 0.5°
slip angle.
71. Engine bleed Discrete ‘‘open’’ ........................... 4
valve position. or ‘‘closed’’.
72. De-icing or Discrete ‘‘on’’ or ........................... 4
anti-icing sys- ‘‘off’’.
tem selection.
73. Computed Full Range ......... ±5% ................... (1 per 64 sec.) .. 1% of full range
center of gravity.
74. AC electrical Discrete ‘‘power’’ ........................... 4 ........................ ........................... Each bus.
bus status. or ‘‘off’’.
75. DC electrical Discrete ‘‘power’’ ........................... 4 ........................ ........................... Each bus.
bus status. or ‘‘off’’.
76 APU bleed Discrete ‘‘open’’ ........................... 4
valve position. or ‘‘closed’’.
77. Hydraulic Full range .......... ±5% ................... 2 ........................ 100 psi
Pressure (each
system).
78. Loss of cabin Discrete ‘‘loss’’ ........................... 1.
pressure. or ‘‘normal’’.
79. Computer fail- Discrete ‘‘fail’’ or ........................... 4.
ure (critical ‘‘normal’’.
flight and en-
gine control
systems).
80. Heads-up dis- Discrete(s) ‘‘on’’ ........................... 4
play (when an or ‘‘off’’.
information
spaschal on DSKJM0X7X2PROD with CFR

source is in-
stalled).

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Federal Aviation Administration, DOT Pt. 121, App. M
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

81. Para-visual Discrete(s) ‘‘on’’


display (when or ‘‘off’’.
an information
source is in-
stalled).
82. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.2% of full Where mechanical means for
control input po- range. control inputs are not avail-
sition—pitch. able, cockpit display trim
positions should be re-
corded.
83. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.7% of full Where mechanical means for
control input po- range. control inputs are not avail-
sition—roll. able, cockpit display trim
position should be re-
corded.
84. Cockpit trim Full range .......... ±5% ................... 1 ........................ 0.3% of full Where mechanical means for
control input po- range. control input are not avail-
sition—yaw. able, cockpit display trim
positions should be re-
corded.
85. Trailing edge Full Range ......... ±5% ................... 2 ........................ 0.5% of full Trailing edge flaps and cock-
flap and cockpit range. pit flap control position
flap control po- may each be sampled al-
sition. ternately at 4 second inter-
vals to provide a sample
each 0.5 second.
86. Leading edge Full Range or ±5% ................... 1 ........................ 0.5% of full
flap and cockpit Discrete. range
flap control po-
sition.
87. Ground spoil- Full range or dis- ±5% ................... 0.5 ..................... 0.3% of full
er position and crete. range.
speed brake se-
lection.
88. All cockpit Full range .......... ±5% ................... 1 ........................ 0.3% of full For fly-by-wire flight control
flight control Control wheel range. systems, where flight con-
input forces ±70 lbs. trol surface position is a
(control wheel, Control column function of the displace-
control column, ±85 lbs. ment of the control input
rudder Rudder pedal device only, it is not nec-
pedal) 18 19. ±165 lbs. essary to record this pa-
rameter. For airplanes that
have a flight control break
away capability that allows
either pilot to operate the
control independently,
record both control force
inputs. The control force
inputs may be sampled al-
ternately once per 2 sec-
onds to produce the sam-
pling interval of 1.
89. Yaw damper Discrete (on/off) 0.5 .....................
status.
90. Yaw damper Full range .......... As installed ........ 0.5 ..................... 1% of full range.
command.
91. Standby rud- Discrete ............. 0.5.
der valve status.
1 For A300 B2/B4 airplanes, resolution = 6 seconds.
2 For A330/A340 series airplanes, resolution = 0.703°.
3 For A318/A319/A320/A321 series airplanes, resolution = 0.275% (0.088°>0.064°).
For A330/A340 series airplanes, resolution = 2.20%(0.703°>0.064°).
4 For A318/A319/A320/A321 series airplanes, resolution = 0.22% (0.088°>0.080°).
For A330/A340 series airplanes, resolution = 1.76% (0.703°>0.080°).
5 For A330/A340 series airplanes, resolution = 1.18% (0.703° >0.120°).
For A330/A340 series airplanes, seconds per sampling interval = 1.
spaschal on DSKJM0X7X2PROD with CFR

6 For A330/A340 series airplanes, resolution = 0.783% (0.352°>0.090°).


7 For A330/A340 series airplanes, aileron resolution = 0.704% (0.352°>0.100°). For A330/A340 series airplanes, spoiler resolu-
tion = 1.406% (0.703°>0.100°).
8 For A330/A340 series airplanes, resolution = 0.30% (0.176°>0.12°).
For A330/A340 series airplanes, seconds per sampling interval = 1.

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Pt. 121, App. O 14 CFR Ch. I (1–1–21 Edition)
9 For B–717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
10 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°).
11 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A300 B2/B4 series airplanes, resolution = 0.92%
(0.230°>0.125°).
12 For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°).
13 For A330/A340 series airplanes, resolution = 0.5°C.
14 For Dassault F900C/F900EX airplanes, Radio altitude resolution = 1.25 ft.
15 For A330/A340 series airplanes, resolution = 0.352 degrees.
16 For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full
range for throttle lever angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active
reverse thrust range, which is 51.54 degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire ac-
tive reverse thrust range, or 2.9% of the full range value of 96.14 degrees.
17 For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.
18 For all aircraft manufactured on or after December 6, 2010, the seconds per sampling interval is 0.125. Each input must be
recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.
19 For 737 model airplanes manufactured between August 19, 2000 and April 6, 2010: the seconds per sampling interval is 0.5
per control input; the remarks regarding the sampling rate do not apply; a single control wheel force transducer installed on the
left cable control is acceptable provided the left and right control wheel positions also are recorded.

[Doc. No. 28109, 62 FR 38382, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended by Amdt.
121–271, 64 FR 46120, Aug. 24, 1999; Amdt. 121–278, 65 FR 51745, Aug. 24, 2000; 65 FR 81733, Dec.
27, 2000; Amdt. 121–292, 67 FR 54323, Aug. 21, 2002; Amdt. 121–300, 68 FR 42936, July 18, 2003; 68
FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003; 70 FR 41134, July 18, 2005; Amdt. 125–54, 73
FR 12566, Mar. 7, 2008; Amdt. 121–338, 73 FR 12566, Mar. 7, 2008; Amdt. 121–342, 73 FR 73179, Dec.
2, 2008; Amdt. 121–349, 75 FR 17046, Apr. 5, 2010; Amdt. 121–347, 75 FR 7356, Feb. 19, 2010; Amdt.
121–364, 78 FR 39971, July 3, 2013; Docket FAA–2017–0733, Amdt. 121–379, 82 FR 34398, July 25,
2017]

APPENDIX N TO PART 121 [RESERVED] authorized in their operations specifications


to transport hazardous materials (will-carry)
APPENDIX O TO PART 121—HAZARDOUS are prescribed in Table 1. Those certificate
MATERIALS TRAINING REQUIRE- holders with a prohibition in their oper-
MENTS FOR CERTIFICATE HOLDERS ations specifications against carrying or
handling hazardous materials (will-not-
This appendix prescribes the requirements carry) must follow the curriculum prescribed
for hazardous materials training under part in Table 2. The method of delivering the
121, subpart Z, and part 135, subpart K of this training will be determined by the certifi-
chapter. The training requirements for var-
cate holder. The certificate holder is respon-
ious categories of persons are defined by job
sible for providing a method (may include
function or responsibility. An ‘‘X’’ in a box
email, telecommunication, etc.) to answer
under a category of persons indicates that
the specified category must receive the all questions prior to testing regardless of
noted training. All training requirements the method of instruction. The certificate
apply to direct supervisors as well as to per- holder must certify that a test has been com-
sons actually performing the job function. pleted satisfactorily to verify understanding
Training requirements for certificate holders of the regulations and requirements.

TABLE 1—OPERATORS THAT TRANSPORT HAZARDOUS MATERIAL—WILL-CARRY CERTIFICATE


HOLDERS
Operators and
Operators and ground-han-
Aspects of transport of ground-han- dling agents Crew mem-
hazardous materials by dling agent’s staff respon- Flight crew bers
Shippers Passenger-
air with which they must staff accepting sible for the members and (other than
(See Note 2) handling staff
be familiar, as a min- hazardous ma- handling, stor- load planners flight crew
Will-carry Will-carry
imum terials age, and load- Will-carry members)
(See note 1) (See Note 3) ing of cargo Will-carry
Will-carry and baggage
Will-carry

General philosophy ....... X X X X X X


Limitations ..................... X X X X X X
General requirements
for shippers ................ X X ........................ ........................ ........................ ........................
Classification ................. X X ........................ ........................ ........................ ........................
List of hazardous mate-
rials ............................ X X ........................ ........................ X ........................
General packing require-
spaschal on DSKJM0X7X2PROD with CFR

ments ......................... X X ........................ ........................ ........................ ........................


Labeling and marking .... X X X X X X

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Federal Aviation Administration, DOT Pt. 121, App. O

TABLE 1—OPERATORS THAT TRANSPORT HAZARDOUS MATERIAL—WILL-CARRY CERTIFICATE


HOLDERS—Continued
Operators and
Operators and ground-han-
Aspects of transport of ground-han- dling agents Crew mem-
hazardous materials by dling agent’s staff respon- Flight crew bers
Shippers Passenger-
air with which they must staff accepting sible for the members and (other than
(See Note 2) handling staff
be familiar, as a min- hazardous ma- handling, stor- load planners flight crew
Will-carry Will-carry
imum terials age, and load- Will-carry members)
(See note 1) (See Note 3) ing of cargo Will-carry
Will-carry and baggage
Will-carry

Hazardous materials
transport document
and other relevant
documentation ........... X X ........................ ........................ ........................ ........................
Acceptance procedures ........................ X ........................ ........................ ........................ ........................
Recognition of
undeclared hazardous
materials .................... X X X X X X
Storage and loading
procedures ................. ........................ X X ........................ X ........................
Pilots’ notification .......... ........................ X X ........................ X ........................
Provisions for pas-
sengers and crew ...... ........................ X X X X X
Emergency procedures X X X X X X
Note 1. Depending on the responsibilities of the person, the aspects of training to be covered may vary from those shown in
the table.
Note 2. When a person offers a consignment of hazmat, including COMAT, for or on behalf of the certificate holder, then the
person must be trained in the certificate holder’s training program and comply with shipper responsibilities and training. If offering
goods on another certificate holder’s equipment, the person must be trained in compliance with the training requirements in 49
CFR. All shippers of hazmat must be trained under 49 CFR. The shipper functions in 49 CFR mirror the training aspects that
must be covered for any shipper offering hazmat for transport.
Note 3. When an operator, its subsidiary, or an agent of the operator is undertaking the responsibilities of acceptance staff,
such as the passenger handling staff accepting small parcel cargo, the certificate holder, its subsidy, or the agent must be
trained in the certificate holder’s training program and comply with the acceptance staff training requirements.

TABLE 2—OPERATORS THAT DO NOT TRANSPORT HAZARDOUS MATERIALS—WILL-NOT-CARRY


CERTIFICATE HOLDERS
Operators and Operators and
ground-han- ground-han-
Aspects of transport of dling agent’s dling agents Crew mem-
hazardous materials by staff accepting staff respon- Flight crew bers (other
Shippers Passenger-
air with which they must cargo other sible for the members and than flight
(See Note 2) handling staff
be familiar, as a min- than haz- handling, stor- load planners crew mem-
imum Will-not-carry ardous mate- age, and load- Will-not-carry Will-not-carry bers)
(See Note 1) rials ing of cargo Will-not-carry
(See Note 3) and baggage
Will-not-carry Will-not-carry

General philosophy ....... X X X X X X


Limitations ..................... X X X X X X
General requirements
for shippers ................ X ........................ ........................ ........................ ........................ ........................
Classification ................. X ........................ ........................ ........................ ........................ ........................
List of hazardous mate-
rials ............................ X ........................ ........................ ........................ ........................ ........................
General packing require-
ments ......................... X ........................ ........................ ........................ ........................ ........................
Labeling and marking .... X X X X X X
Hazardous materials
transport document
and other relevant
documentation ........... X X ........................ ........................ ........................ ........................
Acceptance procedures ........................ ........................ ........................ ........................ ........................ ........................
Recognition of
undeclared hazardous
materials .................... X X X X X X
Storage and loading
spaschal on DSKJM0X7X2PROD with CFR

procedures ................. ........................ ........................ ........................ ........................ ........................ ........................


Pilots’ notification .......... ........................ ........................ ........................ ........................ ........................ ........................
Provisions for pas-
sengers and Crew ..... ........................ X X X X X

307

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Pt. 121, App. P 14 CFR Ch. I (1–1–21 Edition)

TABLE 2—OPERATORS THAT DO NOT TRANSPORT HAZARDOUS MATERIALS—WILL-NOT-CARRY


CERTIFICATE HOLDERS—Continued
Operators and Operators and
ground-han- ground-han-
Aspects of transport of dling agent’s dling agents Crew mem-
hazardous materials by staff accepting staff respon- Flight crew bers (other
Shippers Passenger-
air with which they must cargo other sible for the members and than flight
(See Note 2) handling staff
be familiar, as a min- than haz- handling, stor- load planners crew mem-
Will-not-carry Will-not-carry
imum ardous mate- age, and load- Will-not-carry bers)
(See Note 1) rials ing of cargo Will-not-carry
(See Note 3) and baggage
Will-not-carry Will-not-carry

Emergency procedures X X X X X X
Note 1—Depending on the responsibilities of the person, the aspects of training to be covered may vary from those shown in
the table.
Note 2—When a person offers a consignment of hazmat, including COMAT, for air transport for or on behalf of the certificate
holder, then that person must be properly trained. All shippers of hazmat must be trained under 49 CFR. The shipper functions
in 49 CFR mirror the training aspects that must be covered for any shipper, including a will-not-carry certificate holder offering
dangerous goods for transport, with the exception of recognition training. Recognition training is a separate FAA requirement in
the certificate holder’s training program.
Note 3—When an operator, its subsidiary, or an agent of the operator is undertaking the responsibilities of acceptance staff,
such as the passenger handling staff accepting small parcel cargo, the certificate holder, its subsidiary, or the agent must be
trained in the certificate holder’s training program and comply with the acceptance staff training requirements.

[Doc. No. FAA–2003–15085, 70 FR 58825, Oct. 7, 2005, as amended by Amdt. 121–318, 70 FR 75396,
Dec. 20, 2005]

APPENDIX P TO PART 121—REQUIRE- (iii) The certificate holder must operate in


MENTS FOR ETOPS AND POLAR OP- accordance with the ETOPS authority as
ERATIONS contained in its operations specifications.
(iv) The certificate holder must comply
The FAA approves ETOPS in accordance with the maintenance program requirements
with the requirements and limitations in of § 121.374, except that a pre-departure serv-
this appendix. ice check before departure of the return
Section I. ETOPS Approvals: Airplanes with flight is not required.
Two engines. (2) Other Areas. The FAA grants approvals
(a) Propulsion system reliability for ETOPS. to conduct ETOPS with maximum diversion
(1) Before the FAA grants ETOPS oper- times up to 75 minutes on other than West-
ational approval, the operator must be able ern Atlantic/Caribbean area routes as fol-
to demonstrate the ability to achieve and lows:
maintain the level of propulsion system reli- (i) The FAA reviews the airplane-engine
ability, if any, that is required by § 21.4(b)(2) combination to ensure the absence of factors
of this chapter for the ETOPS-approved air- that could prevent safe operations. The air-
plane-engine combination to be used. plane-engine combination need not be type-
(2) Following ETOPS operational approval, design-approved for ETOPS; however, it
the operator must monitor the propulsion must have sufficient favorable experience to
system reliability for the airplane-engine demonstrate to the Administrator a level of
combination used in ETOPS, and take action reliability appropriate for 75-minute ETOPS.
as required by § 121.374(i) for the specified (ii) The certificate holder must comply
IFSD rates. with the requirements of § 121.633 for time-
(b) 75 Minutes ETOPS—(1) Caribbean/Western limited system planning.
Atlantic Area. The FAA grants approvals to (iii) The certificate holder must operate in
conduct accordance with the ETOPS authority as
ETOPS with maximum diversion times up contained in its operations specifications.
to 75 minutes on Western Atlantic/Caribbean (iv) The certificate holder must comply
area routes as follows: with the maintenance program requirements
(i) The FAA reviews the airplane-engine of § 121.374.
combination to ensure the absence of factors (v) The certificate holder must comply
that could prevent safe operations. The air- with the MEL in its operations specifications
plane-engine combination need not be type- for 120-minute ETOPS.
design-approved for ETOPS; however, it (c) 90-minutes ETOPS (Micronesia). The FAA
must have sufficient favorable experience to grants approvals to conduct ETOPS with
demonstrate to the Administrator a level of maximum diversion times up to 90 minutes
reliability appropriate for 75-minute ETOPS. on Micronesian area routes as follows:
spaschal on DSKJM0X7X2PROD with CFR

(ii) The certificate holder must comply (1) The airplane-engine combination must
with the requirements of § 121.633 for time- be type-design approved for ETOPS of at
limited system planning. least 120-minutes.

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Federal Aviation Administration, DOT Pt. 121, App. P
(2) The certificate holder must operate in duct 138-minute ETOPS (without the limita-
accordance with the ETOPS authority as tion in paragraph (e)(1)(i) of section I of this
contained in its operations specifications. appendix) to certificate holders with existing
(3) The certificate holder must comply 180-minute ETOPS approval as follows:
with the maintenance program requirements (i) The airplane-engine combination must
of § 121.374, except that a pre-departure serv- be type-design-approved for ETOPS of at
ice check before departure of the return least 180 minutes.
flight is not required. (ii) The certificate holder must operate in
(4) The certificate holder must comply accordance with the ETOPS authority as
with the MEL requirements in its operations contained in its operations specifications.
specifications for 120-minute ETOPS. (iii) The certificate holder must comply
(d) 120-minute ETOPS. The FAA grants ap- with the maintenance program requirements
provals to conduct ETOPS with maximum of § 121.374.
diversion times up to 120 minutes as follows: (iv) The certificate holder must comply
(1) The airplane-engine combination must with the MEL requirements for ‘‘beyond 120
be type-design-approved for ETOPS of at minutes ETOPS.’’
least 120 minutes. (v) The certificate holder must conduct
(2) The certificate holder must operate in training for maintenance, dispatch and flight
accordance with the ETOPS authority as crew personnel for differences between 138-
contained in its operations specifications. minute ETOPS diversion approval and its
(3) The certificate holder must comply previously approved 180-minute ETOPS di-
with the maintenance program requirements version authority.
of § 121.374. (f) 180-minute ETOPS. The FAA grants ap-
(4) The certificate holder must comply proval to conduct ETOPS with diversion
with the MEL requirements for 120-minute times up to 180 minutes as follows:
ETOPS. (1) For these operations the airplane-en-
(e) 138-Minute ETOPS. The FAA grants ap- gine combination must be type-design-ap-
proval to conduct ETOPS with maximum di- proved for ETOPS of at least 180 minutes.
version times up to 138 minutes as follows: (2) The certificate holder must operate in
(1) Operators with 120-minute ETOPS ap- accordance with the ETOPS authority as
proval. The FAA grants 138-minute ETOPS contained in its operations specifications.
approval as an extension of an existing 120- (3) The certificate holder must comply
minute ETOPS approval as follows: with the maintenance program requirements
(i) The authority may be exercised only for of § 121.374.
specific flights for which the 120-minute di- (4) The certificate holder must comply
version time must be exceeded. with the MEL requirements for ‘‘beyond 120
(ii) For these flight-by-flight exceptions, minutes ETOPS.’’
the airplane-engine combination must be (g) Greater than 180-minute ETOPS. The
type-design-approved for ETOPS up to at FAA grants approval to conduct ETOPS
least 120 minutes. The capability of the air- greater than 180 minutes. The following are
plane’s time-limited systems may not be less requirements for all operations greater than
than 138 minutes calculated in accordance 180 minutes.
with § 121.633. (1) The FAA grants approval only to cer-
(iii) The certificate holder must operate in tificate holders with existing 180-minute
accordance with the ETOPS authority as ETOPS operating authority for the airplane-
contained in its operations specifications. engine combination to be operated.
(iv) The certificate holder must comply (2) The certificate holder must have pre-
with the maintenance program requirements vious ETOPS experience satisfactory to the
of § 121.374. Administrator.
(v) The certificate holder must comply (3) In selecting ETOPS Alternate Airports,
with minimum equipment list (MEL) re- the operator must make every effort to plan
quirements in its operations specifications ETOPS with maximum diversion distances
for ‘‘beyond 120 minutes ETOPS’’. Operators of 180 minutes or less, if possible. If condi-
without a ‘‘beyond 120-minute ETOPS’’ MEL tions necessitate using an ETOPS Alternate
may apply through their responsible Flight Airport beyond 180 minutes, the route may
Standards office for a modified MEL which be flown only if the requirements for the spe-
satisfies the master MEL policy for system/ cific operating area in paragraph (h) or (i) of
component relief in ETOPS beyond 120 min- section I of this appendix are met.
utes. (4) The certificate holder must inform the
(vi) The certificate holder must conduct flight crew each time an airplane is proposed
training for maintenance, dispatch, and for dispatch for greater than 180 minutes and
flight crew personnel regarding differences tell them why the route was selected.
between 138-minute ETOPS authority and its (5) In addition to the equipment specified
previously-approved 120-minute ETOPS au- in the certificate holder’s MEL for 180-
spaschal on DSKJM0X7X2PROD with CFR

thority. minute ETOPS, the following systems must


(2) Operators with existing 180-minute ETOPS be operational for dispatch:
approval. The FAA grants approvals to con- (i) The fuel quantity indicating system.

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Pt. 121, App. P 14 CFR Ch. I (1–1–21 Edition)
(ii) The APU (including electrical and ity, extreme cold weather at en-route air-
pneumatic supply and operating to the ports, airport weather below dispatch re-
APU’s designed capability). quirements, temporary airport conditions,
(iii) The auto throttle system. and other weather related events. The cri-
(iv) The communication system required teria used by the certificate holder to decide
by § 121.99(d) or § 121.122(c), as applicable. that extreme weather precludes using an air-
(v) One-engine-inoperative auto-land capa- port must be established by the certificate
bility, if flight planning is predicated on its holder, accepted by the FAA, and published
use. in the certificate holder’s manual for the use
(6) The certificate holder must operate in of dispatchers and pilots.
accordance with the ETOPS authority as (3) This exception may be used in the Pa-
contained in its operations specifications. cific Ocean area north of the equator only
(7) The certificate holder must comply for reasons such as political or military con-
with the maintenance program requirements cern, volcanic activity, airport weather
of § 121.374. below dispatch requirements, temporary air-
(h) 207-minute ETOPS in the North Pacific port conditions and other weather related
Area of Operations. (1) The FAA grants ap- events.
proval to conduct ETOPS with maximum di- (4) The airplane-engine combination must
version times up to 207 minutes in the North be type design approved for ETOPS greater
Pacific Area of Operations as an extension to than 180 minutes.
180-minute ETOPS authority to be used on (j) 240-minute ETOPS in areas South of the
an exception basis. This exception may be equator. (1) The FAA grants approval to con-
used only on a flight-by-flight basis when an duct ETOPS with maximum diversion times
ETOPS Alternate Airport is not available of up to 240 minutes in the following areas:
within 180 minutes for reasons such as polit- (i) Pacific oceanic areas between the U.S.
ical or military concerns; volcanic activity; West coast and Australia, New Zealand and
temporary airport conditions; and airport Polynesia.
weather below dispatch requirements or (ii) South Atlantic oceanic areas.
other weather related events. (iii) Indian Ocean areas.
(2) The nearest available ETOPS Alternate (iv) Oceanic areas between Australia and
Airport within 207 minutes diversion time South America.
must be specified in the dispatch or flight re- (2) The operator must designate the near-
lease. est available ETOPS Alternate Airports
(3) In conducting such a flight the certifi- along the planned route of flight.
cate holder must consider Air Traffic Serv- (3) The airplane-engine combination must
ice’s preferred track. be type-design-approved for ETOPS greater
(4) The airplane-engine combination must than 180 minutes.
be type-design-approved for ETOPS of at (k) ETOPS beyond 240 minutes. (1) The FAA
least 180 minutes. The approved time for the grants approval to conduct ETOPS with di-
airplane’s most limiting ETOPS significant version times beyond 240 minutes for oper-
system and most limiting cargo-fire suppres- ations between specified city pairs on routes
sion time for those cargo and baggage com- in the following areas:
partments required by regulation to have (i) The Pacific oceanic areas between the
fire-suppression systems must be at least 222 U.S. west coast and Australia, New Zealand,
minutes. and Polynesia;
(5) The certificate holder must track how (ii) The South Atlantic oceanic areas;
many times 207-minute authority is used. (iii) The Indian Oceanic areas; and
(i) 240-minute ETOPS in the North Polar (iv) The oceanic areas between Australia
Area, in the area north of the NOPAC, and in and South America, and the South Polar
the Pacific Ocean north of the equator. (1) The Area.
FAA grants approval to conduct 240-minute (2) This approval is granted to certificate
ETOPS authority with maximum diversion holders who have been operating under 180-
times in the North Polar Area, in the area minute or greater ETOPS authority for at
north of the NOPAC area, and the Pacific least 24 consecutive months, of which at
Ocean area north of the equator as an exten- least 12 consecutive months must be under
sion to 180-minute ETOPS authority to be 240-minute ETOPS authority with the air-
used on an exception basis. This exception plane-engine combination to be used.
may be used only on a flight-by-flight basis (3) The operator must designate the near-
when an ETOPS Alternate Airport is not est available ETOPS alternate or alternates
available within 180 minutes. In that case, along the planned route of flight.
the nearest available ETOPS Alternate Air- (4) For these operations, the airplane-en-
port within 240 minutes diversion time must gine combination must be type-design-ap-
be specified in the dispatch or flight release. proved for ETOPS greater than 180 minutes.
(2) This exception may be used in the Section II. ETOPS Approval: Passenger-car-
spaschal on DSKJM0X7X2PROD with CFR

North Polar Area and in the area north of rying Airplanes With More Than Two Engines.
NOPAC only in extreme conditions par- (a) The FAA grants approval to conduct
ticular to these areas such as volcanic activ- ETOPS, as follows:

310

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Federal Aviation Administration, DOT Pt. 125
(1) Except as provided in § 121.162, the air- PART 125—CERTIFICATION AND
plane-engine combination must be type-de-
sign-approved for ETOPS.
OPERATIONS: AIRPLANES HAV-
(2) The operator must designate the near- ING A SEATING CAPACITY OF 20
est available ETOPS Alternate Airports OR MORE PASSENGERS OR A
within 240 minutes diversion time (at one-en- MAXIMUM PAYLOAD CAPACITY
gine-inoperative cruise speed under standard OF 6,000 POUNDS OR MORE;
conditions in still air). If an ETOPS alter-
nate is not available within 240 minutes, the
AND RULES GOVERNING PER-
operator must designate the nearest avail- SONS ON BOARD SUCH AIR-
able ETOPS Alternate Airports along the CRAFT
planned route of flight.
(3) The MEL limitations for the authorized SPECIAL FEDERAL AVIATION REGULATION NO.
ETOPS diversion time apply. 89 [NOTE]
(i) The Fuel Quantity Indicating System SPECIAL FEDERAL AVIATION REGULATION NO.
must be operational. 97 [NOTE]
(ii) The communications systems required SPECIAL FEDERAL AVIATION REGULATION NO.
by § 121.99(d) or § 121.122(c) must be oper- 118–2
ational.
(4) The certificate holder must operate in Subpart A—General
accordance with the ETOPS authority as
Sec.
contained in its operations specifications. 125.1 Applicability.
Section III. Approvals for operations whose 125.3 Deviation authority.
airplane routes are planned to traverse either 125.5 Operating certificate and operations
the North Polar or South Polar Areas. specifications required.
(a) Except for intrastate operations within 125.7 Display of certificate.
the State of Alaska, no certificate holder 125.9 Definitions.
may operate an aircraft in the North Polar 125.11 Certificate eligibility and prohibited
Area or South Polar Area, unless authorized operations.
by the FAA.
(b) In addition to any of the applicable re- Subpart B—Certification Rules and
quirements of sections I and II of this appen- Miscellaneous Requirements
dix, the certificate holder’s operations speci-
fications must contain the following: 125.21 Application for operating certificate.
125.23 Rules applicable to operations subject
(1) The designation of airports that may be
to this part.
used for en-route diversions and the require- 125.25 Management personnel required.
ments the airports must meet at the time of 125.26 Employment of former FAA employ-
diversion. ees.
(2) Except for supplemental all-cargo oper- 125.27 Issue of certificate.
ations, a recovery plan for passengers at des- 125.29 Duration of certificate.
ignated diversion airports. 125.31 Contents of certificate and operations
(3) A fuel-freeze strategy and procedures specifications.
for monitoring fuel freezing. 125.33 Operations specifications not a part
(4) A plan to ensure communication capa- of certificate.
bility for these operations. 125.35 Amendment of operations specifica-
(5) An MEL for these operations. tions.
(6) A training plan for operations in these 125.37 Duty period limitations.
areas. 125.39 Carriage of narcotic drugs, mari-
huana, and depressant or stimulant drugs
(7) A plan for mitigating crew exposure to
or substances.
radiation during solar flare activity. 125.41 Availability of certificate and oper-
(8) A plan for providing at least two cold ations specifications.
weather anti-exposure suits in the aircraft, 125.43 Use of operations specifications.
to protect crewmembers during outside ac- 125.45 Inspection authority.
tivity at a diversion airport with extreme 125.47 Change of address.
climatic conditions. The FAA may relieve 125.49 Airport requirements.
the certificate holder from this requirement 125.51 En route navigation facilities.
if the season of the year makes the equip- 125.53 Flight locating requirements.
ment unnecessary.
Subpart C—Manual Requirements
[Doc. No. FAA–2002–6717, 72 FR 1883, Jan. 16,
spaschal on DSKJM0X7X2PROD with CFR

2007, as amended by Docket FAA–2018–0119, 125.71 Preparation.


Amdt. 121–380, 83 FR 9173, Mar. 5, 2018] 125.73 Contents.
125.75 Airplane flight manual.

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Pt. 125 14 CFR Ch. I (1–1–21 Edition)

Subpart D—Airplane Requirements 125.206 Pitot heat indication systems.


125.207 Emergency equipment requirements.
125.91 Airplane requirements: General. 125.209 Emergency equipment: Extended
125.93 Airplane limitations. overwater operations.
125.211 Seat and safety belts.
Subpart E—Special Airworthiness 125.213 Miscellaneous equipment.
Requirements 125.215 Operating information required.
125.217 Passenger information.
125.111 General. 125.219 Oxygen and portable oxygen con-
125.113 Cabin interiors. centrators for medical use by passengers.
125.115 Internal doors. 125.221 Icing conditions: Operating limita-
125.117 Ventilation. tions.
125.119 Fire precautions. 125.223 Airborne weather radar equipment
125.121 Proof of compliance with § 125.119. requirements.
125.123 Propeller deicing fluid. 125.224 Collision Avoidance System.
125.125 Pressure cross-feed arrangements. 125.225 Flight data recorders.
125.127 Location of fuel tanks. 125.226 Digital flight data recorders.
125.129 Fuel system lines and fittings.
125.227 Cockpit voice recorders.
125.131 Fuel lines and fittings in designated
125.228 Flight data recorders: filtered data.
fire zones.
125.133 Fuel valves.
125.135 Oil lines and fittings in designated
Subpart G—Maintenance
fire zones. 125.241 Applicability.
125.137 Oil valves. 125.243 Certificate holder’s responsibilities.
125.139 Oil system drains. 125.245 Organization required to perform
125.141 Engine breather lines. maintenance, preventive maintenance,
125.143 Firewalls. and alteration.
125.145 Firewall construction. 125.247 Inspection programs and mainte-
125.147 Cowling.
nance.
125.149 Engine accessory section diaphragm.
125.248 [Reserved]
125.151 Powerplant fire protection.
125.249 Maintenance manual requirements.
125.153 Flammable fluids.
125.251 Required inspection personnel.
125.155 Shutoff means.
125.157 Lines and fittings.
125.159 Vent and drain lines. Subpart H—Airman and Crewmember
125.161 Fire-extinguishing systems. Requirements
125.163 Fire-extinguishing agents.
125.261 Airman: Limitations on use of serv-
125.165 Extinguishing agent container pres-
ices.
sure relief.
125.167 Extinguishing agent container com- 125.263 Composition of flightcrew.
partment temperature. 125.265 Flight engineer requirements.
125.169 Fire-extinguishing system mate- 125.267 Flight navigator and long-range
rials. navigation equipment.
125.171 Fire-detector systems. 125.269 Flight attendants.
125.173 Fire detectors. 125.271 Emergency and emergency evacu-
125.175 Protection of other airplane compo- ation duties.
nents against fire.
125.177 Control of engine rotation. Subpart I—Flight Crewmember
125.179 Fuel system independence. Requirements
125.181 Induction system ice prevention.
125.183 Carriage of cargo in passenger com- 125.281 Pilot-in-command qualifications.
partments. 125.283 Second-in-command qualifications.
125.185 Carriage of cargo in cargo compart- 125.285 Pilot qualifications: Recent experi-
ments. ence.
125.187 Landing gear: Aural warning device. 125.287 Initial and recurrent pilot testing
125.189 Demonstration of emergency evacu- requirements.
ation procedures. 125.289 Initial and recurrent flight attend-
ant crewmember testing requirements.
Subpart F—Instrument and Equipment 125.291 Pilot in command: Instrument pro-
Requirements ficiency check requirements.
125.293 Crewmember: Tests and checks,
125.201 Inoperable instruments and equip- grace provisions, accepted standards.
ment. 125.295 Check airman authorization: Appli-
125.203 Communication and navigation cation and issue.
equipment. 125.296 Training, testing, and checking con-
spaschal on DSKJM0X7X2PROD with CFR

125.204 Portable electronic devices. ducted by training centers: Special rules.


125.205 Equipment requirements: Airplanes 125.297 Approval of flight simulators and
under IFR. flight training devices.

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Federal Aviation Administration, DOT § 125.1

Subpart J—Flight Operations Subpart M—Continued Airworthiness and


Safety Improvements
125.311 Flight crewmembers at controls.
125.313 Manipulation of controls when car- 125.501 Purpose and definition.
rying passengers. 125.503 [Reserved]
125.315 Admission to flight deck. 125.505 Repairs assessment for pressurized
125.317 Inspector’s credentials: Admission to fuselages.
pilots’ compartment: Forward observer’s 125.507 Fuel tank system inspection pro-
seat. gram.
125.319 Emergencies. 125.509 Flammability reduction means.
125.321 Reporting potentially hazardous me- APPENDIX A TO PART 125—ADDITIONAL EMER-
teorological conditions and irregularities GENCY EQUIPMENT
of ground facilities or navigation aids. APPENDIX B TO PART 125—CRITERIA FOR DEM-
125.323 Reporting mechanical irregularities. ONSTRATION OF EMERGENCY EVACUATION
125.325 Instrument approach procedures and PROCEDURES UNDER § 125.189
IFR landing minimums. APPENDIX C TO PART 125—ICE PROTECTION
125.327 Briefing of passengers before flight. APPENDIX D TO PART 125—AIRPLANE FLIGHT
125.328 Prohibition on crew interference. RECORDER SPECIFICATION
125.329 Minimum altitudes for use of auto- APPENDIX E TO PART 125—AIRPLANE FLIGHT
pilot. RECORDER SPECIFICATIONS
125.331 Carriage of persons without compli- AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113,
ance with the passenger-carrying provi- 44701–44702, 44705, 44710–44711, 44713, 44716–
sions of this part. 44717, 44722.
125.333 Stowage of food, beverage, and pas-
senger service equipment during airplane SOURCE: Docket No. 19779, 45 FR 67235, Oct.
movement on the surface, takeoff, and 9, 1980, unless otherwise noted.
landing.
SPECIAL FEDERAL AVIATION REGULATION
Subpart K—Flight Release Rules NO. 89
125.351 Flight release authority.
EDITORIAL NOTE: For the text of SFAR No.
125.353 Facilities and services.
89, see part 121 of this chapter.
125.355 Airplane equipment.
125.357 Communication and navigation fa-
SPECIAL FEDERAL AVIATION REGULATION
cilities.
125.359 Flight release under VFR. NO. 97
125.361 Flight release under IFR or over-
the-top. EDITORIAL NOTE: For the text of SFAR No.
125.363 Flight release over water. 97, see part 91 of this chapter.
125.365 Alternate airport for departure.
125.367 Alternate airport for destination: SPECIAL FEDERAL AVIATION REGULATION
IFR or over-the-top. NO. 118–2—RELIEF FOR CERTAIN
125.369 Alternate airport weather mini- PERSONS DURING THE NATIONAL
mums. EMERGENCY CONCERNING THE NOVEL
125.371 Continuing flight in unsafe condi- CORONAVIRUS DISEASE (COVID–19)
tions.
PUBLIC HEALTH EMERGENCY
125.373 Original flight release or amend-
ment of flight release. For the text of SFAR No. 118–2, see part 61
125.375 Fuel supply: Nonturbine and turbo- of this chapter.
propeller-powered airplanes.
125.377 Fuel supply: Turbine-engine-powered [Amdt. No. 125–2, 85 FR 62975, Oct. 6, 2020]
airplanes other than turbopropeller. EFFECTIVE DATE NOTE: At 85 FR 62975, Oct.
125.379 Landing weather minimums: IFR. 6, 2020, Special Federal Aviation Regulation
125.381 Takeoff and landing weather mini- (SFAR) No. 118–2 was added to part 125, effec-
mums: IFR. tive Oct. 1, 2020, through Apr. 30, 2021.
125.383 Load manifest.

Subpart L—Records and Reports Subpart A—General


125.401 Crewmember record. § 125.1 Applicability.
125.403 Flight release form. (a) Except as provided in paragraphs
125.405 Disposition of load manifest, flight
(b), (c) and (d) of this section, this part
release, and flight plans.
125.407 Maintenance log: Airplanes. prescribes rules governing the oper-
spaschal on DSKJM0X7X2PROD with CFR

125.409 Service difficulty reports. ations of U.S.-registered civil airplanes


125.411 Airworthiness release or mainte- which have a seating configuration of
nance record entry. 20 or more passengers or a maximum

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§ 125.3 14 CFR Ch. I (1–1–21 Edition)

payload capacity of 6,000 pounds or support the continued airworthiness of


more when common carriage is not in- each airplane.
volved. [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
(b) The rules of this part do not apply amended by Amdt. 125–4, 47 FR 44719, Oct. 12,
to the operations of airplanes specified 1982; Amdt. 125–5, 49 FR 34816, Sept. 4, 1984;
in paragraph (a) of this section, when— Amdt. 125–6, 51 FR 873, Jan. 8, 1986; Amdt.
(1) They are required to be operated 125–9, 52 FR 20028, May 28, 1987; Amdt. 121–251,
under part 121, 129, 135, or 137 of this 60 FR 65937, Dec. 20, 1995; Amdt. 125–31, 64 FR
chapter; 1080, Jan. 7, 1999; Amdt. 125–44, 68 FR 54585,
Sept. 17, 2003; Amdt. 125–53, 72 FR 63412, Nov.
(2) They have been issued restricted, 8, 2007]
limited, or provisional airworthiness
certificates, special flight permits, or § 125.3 Deviation authority.
experimental certificates;
(a) The Administrator may, upon
(3) They are being operated by a part
consideration of the circumstances of a
125 certificate holder without carrying
particular operation, issue deviation
passengers or cargo under part 91 for
authority providing relief from speci-
training, ferrying, positioning, or
fied sections of part 125. This deviation
maintenance purposes; authority will be issued as a Letter of
(4) They are being operated under Deviation Authority.
part 91 by an operator certificated to (b) A Letter of Deviation Authority
operate those airplanes under the rules may be terminated or amended at any
of parts 121, 135, or 137 of this chapter, time by the Administrator.
they are being operated under the ap- (c) A request for deviation authority
plicable rules of part 121 or part 135 of must be submitted to the responsible
this chapter by an applicant for a cer- Flight Standards office, not less than
tificate under part 119 of this chapter 60 days prior to the date of intended
or they are being operated by a foreign operations. A request for deviation au-
air carrier or a foreign person engaged thority must contain a complete state-
in common carriage solely outside the ment of the circumstances and jus-
United States under part 91 of this tification for the deviation requested.
chapter; (d) After February 2, 2012, no devi-
(5) They are being operated under a ation authority from the flight data re-
deviation authority issued under § 125.3; corder requirements of this part will be
(6) They are being operated under granted. Any previously issued devi-
part 91, subpart K by a fractional ation from the flight data recorder re-
owner as defined in § 91.1001 of this quirements of this part is no longer
chapter; or valid.
(7) They are being operated by a frac-
tional ownership program manager as [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–13, 54 FR 39294, Sept.
defined in § 91.1001 of this chapter, for 25, 1989; Amdt. 125–56, 73 FR 73179, Dec. 2,
training, ferrying, positioning, mainte- 2008; Docket FAA–2018–0119, Amdt. 125–68, 83
nance, or demonstration purposes FR 9173, Mar. 5, 2018]
under part 91 of this chapter and with-
out carrying passengers or cargo for § 125.5 Operating certificate and oper-
compensation or hire except as per- ations specifications required.
mitted for demonstration flights under (a) After February 3, 1981, no person
§ 91.501(b)(3) of this chapter. may engage in operations governed by
(c) The rules of this part, except this part unless that person holds a
§ 125.247, do not apply to the operation certificate and operations specification
of airplanes specified in paragraph (a) or appropriate deviation authority.
when they are operated outside the (b) Applicants who file an application
United States by a person who is not a before June 1, 1981 shall continue to op-
citizen of the United States. erate under the rules applicable to
(d) The provisions of this part apply their operations on February 2, 1981
to each person on board an aircraft until the application for an operating
being operated under this part, unless certificate required by this part has
spaschal on DSKJM0X7X2PROD with CFR

otherwise specified. been denied or the operating certificate


(e) This part also establishes require- and operations specifications required
ments for operators to take actions to by this part have been issued.

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Federal Aviation Administration, DOT § 125.21

(c) The rules of this part which apply total quantity of engine coolant, and
to a certificate holder also apply to total quantity of hydraulic fluid.
any person who engages in any oper- (c) For the purposes of this part, max-
ation governed by this part without an imum zero fuel weight means the max-
appropriate certificate and operations imum permissible weight of an air-
specifications required by this part or a plane with no disposable fuel or oil.
Letter of Deviation Authority issued The zero fuel weight figure may be
under § 125.3. found in either the airplane type cer-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as tificate data sheet or the approved Air-
amended by Amdt. 125–1A, 46 FR 10903, Feb. plane Flight Manual, or both.
5, 1981] (d) For the purposes of this section,
justifiable airplane equipment means any
§ 125.7 Display of certificate. equipment necessary for the operation
(a) The certificate holder must dis- of the airplane. It does not include
play a true copy of the certificate in equipment or ballast specifically in-
each of its aircraft. stalled, permanently or otherwise, for
(b) Each operator holding a Letter of the purpose of altering the empty
Deviation Authority issued under this weight of an airplane to meet the max-
part must carry a true copy in each of imum payload capacity.
its airplanes.
§ 125.11 Certificate eligibility and pro-
§ 125.9 Definitions. hibited operations.
(a) For the purposes of this part, max- (a) No person is eligible for a certifi-
imum payload capacity means: cate or operations specifications under
(1) For an airplane for which a max- this part if the person holds the appro-
imum zero fuel weight is prescribed in priate operating certificate and/or op-
FAA technical specifications, the max- erations specifications necessary to
imum zero fuel weight, less empty conduct operations under part 121, 129
weight, less all justifiable airplane or 135 of this chapter.
equipment, and less the operating load (b) No certificate holder may conduct
(consisting of minimum flightcrew, any operation which results directly or
foods and beverages and supplies and indirectly from any person’s holding
equipment related to foods and bev- out to the public to furnish transpor-
erages, but not including disposable tation.
fuel or oil): (c) No person holding operations
(2) For all other airplanes, the max- specifications under this part may op-
imum certificated takeoff weight of an erate or list on its operations specifica-
airplane, less the empty weight, less all tions any aircraft listed on any oper-
justifiable airplane equipment, and less ations specifications or other required
the operating load (consisting of min- aircraft listing under part 121, 129, or
imum fuel load, oil, and flightcrew). 135 of this chapter.
The allowance for the weight of the
crew, oil, and fuel is as follows: [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–9, 52 FR 20028, May 28,
(i) Crew—200 pounds for each crew-
1987]
member required under this chapter
(ii) Oil—350 pounds.
(iii) Fuel—the minimum weight of Subpart B—Certification Rules and
fuel required under this chapter for a Miscellaneous Requirements
flight between domestic points 174 nau-
tical miles apart under VFR weather § 125.21 Application for operating cer-
conditions that does not involve ex- tificate.
tended overwater operations. (a) Each applicant for the issuance of
(b) For the purposes of this part, an operating certificate must submit
empty weight means the weight of the an application in a form and manner
airframe, engines, propellers, and fixed prescribed by the Administrator to the
equipment. Empty weight excludes the responsible Flight Standards office in
spaschal on DSKJM0X7X2PROD with CFR

weight of the crew and payload, but in- whose area the applicant proposes to
cludes the weight of all fixed ballast, establish or has established its prin-
unusable fuel supply, undrainable oil, cipal operations base. The application

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§ 125.23 14 CFR Ch. I (1–1–21 Edition)

must be submitted at least 60 days be- (2) List in the manual the names and
fore the date of intended operations. addresses of each of its management
(b) Each application submitted under personnel;
paragraph (a) of this section must con- (3) Designate a person as responsible
tain a signed statement showing the for the scheduling of inspections re-
following: quired by the manual and for the up-
(1) The name and address of each di- dating of the approved weight and bal-
rector and each officer or person em- ance system on all airplanes.
ployed or who will be employed in a (c) Each certificate holder shall no-
management position described in tify the responsible Flight Standards
§ 125.25. office charged with the overall inspec-
(2) A list of flight crewmembers with tion of the certificate holder of any
the type of airman certificate held, in- change made in the assignment of per-
cluding ratings and certificate num- sons to the listed positions within 10
bers. days, excluding Saturdays, Sundays,
and Federal holidays, of such change.
[Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Docket FAA–2018–0119, Amdt. [Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as
125–68, 83 FR 9173, Mar. 5, 2018] amended by Docket FAA–2018–0119, Amdt.
125–68, 83 FR 9173, Mar. 5, 2018]
§ 125.23 Rules applicable to operations
subject to this part. § 125.26 Employment of former FAA
employees.
Each person operating an airplane in
operations under this part shall— (a) Except as specified in paragraph
(a) While operating inside the United (c) of this section, no certificate holder
States, comply with the applicable may knowingly employ or make a con-
rules in part 91 of this chapter; and tractual arrangement which permits an
individual to act as an agent or rep-
(b) While operating outside the
resentative of the certificate holder in
United States, comply with Annex 2,
any matter before the Federal Aviation
Rules of the Air, to the Convention on
Administration if the individual, in the
International Civil Aviation or the reg-
preceding 2 years—
ulations of any foreign country, which-
ever applies, and with any rules of (1) Served as, or was directly respon-
parts 61 and 91 of this chapter and this sible for the oversight of, a Flight
Standards Service aviation safety in-
part that are more restrictive than
spector; and
that Annex or those regulations and
that can be complied with without vio- (2) Had direct responsibility to in-
lating that Annex or those regulations. spect, or oversee the inspection of, the
Annex 2 is incorporated by reference in operations of the certificate holder.
§ 91.703(b) of this chapter. (b) For the purpose of this section, an
individual shall be considered to be
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as acting as an agent or representative of
amended by Amdt. 125–12, 54 FR 34331, Aug. a certificate holder in a matter before
18, 1989] the agency if the individual makes any
written or oral communication on be-
§ 125.25 Management personnel re-
quired. half of the certificate holder to the
agency (or any of its officers or em-
(a) Each applicant for a certificate ployees) in connection with a par-
under this part must show that it has ticular matter, whether or not involv-
enough management personnel, includ- ing a specific party and without regard
ing at least a director of operations, to to whether the individual has partici-
assure that its operations are con- pated in, or had responsibility for, the
ducted in accordance with the require- particular matter while serving as a
ments of this part. Flight Standards Service aviation safe-
(b) Each applicant shall— ty inspector.
(1) Set forth the duties, responsibil- (c) The provisions of this section do
spaschal on DSKJM0X7X2PROD with CFR

ities, and authority of each of its man- not prohibit a certificate holder from
agement personnel in the general pol- knowingly employing or making a con-
icy section of its manual; tractual arrangement which permits an

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Federal Aviation Administration, DOT § 125.35

individual to act as an agent or rep- § 125.31 Contents of certificate and op-


resentative of the certificate holder in erations specifications.
any matter before the Federal Aviation (a) Each certificate issued under this
Administration if the individual was part contains the following:
employed by the certificate holder be- (1) The holder’s name.
fore October 21, 2011. (2) A description of the operations
authorized.
[Doc. No. FAA–2008–1154, 76 FR 52235, Aug. 22,
2011]
(3) The date it is issued.
(b) The operations specifications
§ 125.27 Issue of certificate. issued under this part contain the fol-
lowing:
(a) An applicant for a certificate (1) The kinds of operations author-
under this subpart is entitled to a cer- ized.
tificate if the Administrator finds that (2) The types and registration num-
the applicant is properly and ade- bers of airplanes authorized for use.
quately equipped and able to conduct a (3) Approval of the provisions of the
safe operation in accordance with the operator’s manual relating to airplane
requirements of this part and the oper- inspections, together with necessary
ations specifications provided for in conditions and limitations.
this part. (4) Registration numbers of airplanes
(b) The Administrator may deny an that are to be inspected under an ap-
application for a certificate under this proved airplane inspection program
subpart if the Administrator finds— under § 125.247.
(1) That an operating certificate re- (5) Procedures for control of weight
and balance of airplanes.
quired under this part or part 121, 123,
(6) Any other item that the Adminis-
or 135 of this chapter previously issued
trator determines is necessary to cover
to the applicant was revoked; or
a particular situation.
(2) That a person who was employed
in a management position under § 125.25 § 125.33 Operations specifications not
of this part with (or has exercised con- a part of certificate.
trol with respect to) any certificate Operations specifications are not a
holder under part 121, 123, 125, or 135 of part of an operating certificate.
this chapter whose operating certifi-
cate has been revoked, will be em- § 125.35 Amendment of operations
ployed in any of those positions or a specifications.
similar position with the applicant and (a) The responsible Flight Standards
that the person’s employment or con- office charged with the overall inspec-
trol contributed materially to the rea- tion of the certificate holder may
sons for revoking that certificate. amend any operations specifications
issued under this part if—
§ 125.29 Duration of certificate. (1) It determines that safety in air
(a) A certificate issued under this commerce requires that amendment; or
part is effective until surrendered, sus- (2) Upon application by the holder,
pended, or revoked. the responsible Flight Standards office
determines that safety in air com-
(b) The Administrator may suspend
merce allows that amendment.
or revoke a certificate under section (b) The certificate holder must file
609 of the Federal Aviation Act of 1958 an application to amend operations
and the applicable procedures of part 13 specifications at least 15 days before
of this chapter for any cause that, at the date proposed by the applicant for
the time of suspension or revocation, the amendment to become effective,
would have been grounds for denying unless a shorter filing period is ap-
an application for a certificate. proved. The application must be on a
(c) If the Administrator suspends or form and in a manner prescribed by the
revokes a certificate or it is otherwise Administrator and be submitted to the
spaschal on DSKJM0X7X2PROD with CFR

terminated, the holder of that certifi- responsible Flight Standards office


cate shall return it to the Adminis- charged with the overall inspection of
trator. the certificate holder.

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§ 125.37 14 CFR Ch. I (1–1–21 Edition)

(c) Within 30 days after a notice of re- § 125.39 Carriage of narcotic drugs,
fusal to approve a holder’s application marihuana, and depressant or stim-
for amendment is received, the holder ulant drugs or substances.
may petition the Executive Director, If the holder of a certificate issued
Flight Standards Service, to reconsider under this part permits any airplane
the refusal to amend. owned or leased by that holder to be
(d) When the responsible Flight engaged in any operation that the cer-
Standards office charged with the over- tificate holder knows to be in violation
all inspection of the certificate holder of § 91.19(a) of this chapter, that oper-
amends operations specifications, the ation is a basis for suspending or re-
responsible Flight Standards office voking the certificate.
gives notice in writing to the holder of
a proposed amendment to the oper- [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–12, 54 FR 34331, Aug.
ations specifications, fixing a period of 18, 1989]
not less than 7 days within which the
holder may submit written informa- § 125.41 Availability of certificate and
tion, views, and arguments concerning operations specifications.
the proposed amendment. After consid- Each certificate holder shall make
eration of all relevant matter pre- its operating certificate and operations
sented, the responsible Flight Stand- specifications available for inspection
ards office notifies the holder of any by the Administrator at its principal
amendment adopted, or a rescission of operations base.
the notice. That amendment becomes
effective not less than 30 days after the § 125.43 Use of operations specifica-
holder receives notice of the adoption tions.
of the amendment, unless the holder (a) Each certificate holder shall keep
petitions the Executive Director, each of its employees informed of the
Flight Standards Service, for reconsid- provisions of its operations specifica-
eration of the amendment. In that tions that apply to the employee’s du-
case, the effective date of the amend- ties and responsibilities.
ment is stayed pending a decision by (b) Each certificate holder shall
the Executive Director. If the Execu- maintain a complete and separate set
tive Director finds there is an emer- of its operations specifications. In ad-
gency requiring immediate action as to dition, each certificate holder shall in-
safety in air commerce that makes the sert pertinent excerpts of its oper-
provisions of this paragraph impracti- ations specifications, or reference
cable or contrary to the public inter- thereto, in its manual in such a man-
est, the Executive Director notifies the ner that they retain their identity as
certificate holder that the amendment operations specifications.
is effective on the date of receipt, with-
out previous notice. § 125.45 Inspection authority.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as Each certificate holder shall allow
amended by Amdt. 125–13, 54 FR 39294, Sept. the Administrator, at any time or
25, 1989; Docket FAA–2018–0119, Amdt. 125–68, place, to make any inspections or tests
83 FR 9173, 9174, Mar. 5, 2018] to determine its compliance with the
Federal Aviation Act of 1958, the Fed-
§ 125.37 Duty period limitations.
eral Aviation Regulations, its oper-
(a) Each flight crewmember and ating certificate and operations speci-
flight attendant must be relieved from fications, its letter of deviation author-
all duty for at least 8 consecutive ity, or its eligibililty to continue to
hours during any 24-hour period. hold its certificate or its letter of devi-
(b) The Administrator may specify ation authority.
rest, flight time, and duty time limita-
tions in the operations specifications § 125.47 Change of address.
that are other than those specified in Each certificate holder shall notify
paragraph (a) of this section. the responsible Flight Standards office
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as charged with the overall inspection of
amended by Amdt. 125–21, 59 FR 42993, Aug. its operations, in writing, at least 30
19, 1994] days in advance, of any change in the

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Federal Aviation Administration, DOT § 125.71

address of its principal business office, (3) Other operations approved by the
its principal operations base, or its responsible Flight Standards office.
principal maintenance base.
[Doc. No. FAA–2002–14002, 72 FR 31682, June 7,
[Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as 2007, as amended by Docket FAA–2018–0119,
amended by Docket FAA–2018–0119, Amdt. Amdt. 125–68, 83 FR 9174, Mar. 5, 2018]
125–68, 83 FR 9173, Mar. 5, 2018]
§ 125.53 Flight locating requirements.
§ 125.49 Airport requirements. (a) Each certificate holder must have
(a) No certificate holder may use any procedures established for locating
airport unless it is adequate for the each flight for which an FAA flight
proposed operation, considering such plan is not filed that—
items as size, surface, obstructions, (1) Provide the certificate holder
and lighting. with at least the information required
(b) No pilot of an airplane carrying to be included in a VFR flight plan;
passengers at night may take off from, (2) Provide for timely notification of
or land on, an airport unless— an FAA facility or search and rescue
(1) That pilot has determined the facility, if an airplane is overdue or
wind direction from an illuminated missing; and
wind direction indicator or local (3) Provide the certificate holder
ground communications, or, in the case with the location, date, and estimated
of takeoff, that pilot’s personal obser- time for reestablishing radio or tele-
vations; and phone communications, if the flight
(2) The limits of the area to be used will operate in an area where commu-
for landing or takeoff are clearly nications cannot be maintained.
shown by boundary or runway marker (b) Flight locating information shall
lights. be retained at the certificate holder’s
(c) For the purposes of paragraph (b) principal operations base, or at other
of this section, if the area to be used places designated by the certificate
for takeoff or landing is marked by holder in the flight locating proce-
flare pots or lanterns, their use must dures, until the completion of the
be approved by the Administrator. flight.
(c) Each certificate holder shall fur-
§ 125.51 En route navigation facilities. nish the representative of the Adminis-
(a) Except as provided in paragraph trator assigned to it with a copy of its
(b) of this section, no certificate holder flight locating procedures and any
may conduct any operation over a changes or additions, unless those pro-
route (including to any destination, re- cedures are included in a manual re-
fueling or alternate airports) unless quired under this part.
suitable navigation aids are available
over the route to navigate the airplane Subpart C—Manual Requirements
along the route within the degree of ac-
curacy required for ATC. Navigation § 125.71 Preparation.
aids required for routes outside of con- (a) Each certificate holder shall pre-
trolled airspace are listed in the cer- pare and keep current a manual setting
tificate holder’s operations specifica- forth the certificate holder’s proce-
tions except for those aids required for dures and policies acceptable to the
routes to alternate airports. Administrator. This manual must be
(b) Navigation aids are not required used by the certificate holder’s flight,
for any of the following operations— ground, and maintenance personnel in
(1) Day VFR operations that the cer- conducting its operations. However,
tificate holder shows can be conducted the Administrator may authorize a de-
safely by pilotage because of the char- viation from this paragraph if the Ad-
acteristics of the terrain; ministrator finds that, because of the
(2) Night VFR operations on routes limited size of the operation, all or
spaschal on DSKJM0X7X2PROD with CFR

that the certificate holder shows have part of the manual is not necessary for
reliably lighted landmarks adequate guidance of flight, ground, or mainte-
for safe operations; and nance personnel.

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§ 125.73 14 CFR Ch. I (1–1–21 Edition)

(b) Each certificate holder shall § 125.73 Contents.


maintain at least one copy of the man- Each manual shall have the date of
ual at its principal operations base. the last revision and revision number
(c) The manual must not be contrary on each revised page. The manual must
to any applicable Federal regulations, include—
foreign regulation applicable to the (a) The name of each management
certificate holder’s operations in for- person who is authorized to act for the
eign countries, or the certificate hold- certificate holder, the person’s as-
er’s operating certificate or operations signed area of responsibility, and the
specifications. person’s duties, responsibilities, and
(d) A copy of the manual, or appro- authority;
priate portions of the manual (and (b) Procedures for ensuring compli-
changes and additions) shall be made ance with airplane weight and balance
available to maintenance and ground limitations;
(c) Copies of the certificate holder’s
operations personnel by the certificate
operations specifications or appro-
holder and furnished to—
priate extracted information, including
(1) Its flight crewmembers; and area of operations authorized, category
(2) The responsible Flight Standards and class of airplane authorized, crew
office charged with the overall inspec- complements, and types of operations
tion of its operations. authorized;
(e) Each employee of the certificate (d) Procedures for complying with ac-
holder to whom a manual or appro- cident notification requirements;
priate portions of it are furnished (e) Procedures for ensuring that the
under paragraph (d)(1) of this section pilot in command knows that required
shall keep it up to date with the airworthiness inspections have been
changes and additions furnished to made and that the airplane has been
them. approved for return to service in com-
(f) For the purpose of complying with pliance with applicable maintenance
paragraph (d) of this section, a certifi- requirements;
(f) Procedures for reporting and re-
cate holder may furnish the persons
cording mechanical irregularities that
listed therein with the maintenance
come to the attention of the pilot in
part of its manual in printed form or
command before, during, and after
other form, acceptable to the Adminis- completion of a flight;
trator, that is retrievable in the (g) Procedures to be followed by the
English language. If the certificate pilot in command for determining that
holder furnishes the maintenance part mechanical irregularities or defects re-
of the manual in other than printed ported for previous flights have been
form, it must ensure there is a compat- corrected or that correction has been
ible reading device available to those deferred;
persons that provides a legible image (h) Procedures to be followed by the
of the maintenance information and in- pilot in command to obtain mainte-
structions or a system that is able to nance, preventive maintenance, and
retrieve the maintenance information servicing of the airplane at a place
and instructions in the English lan- where previous arrangements have not
guage. been made by the operator, when the
(g) If a certificate holder conducts pilot is authorized to so act for the op-
airplane inspections or maintenance at erator;
specified stations where it keeps the (i) Procedures for the release for, or
approved inspection program manual, continuation of, flight if any item of
equipment required for the particular
it is not required to carry the manual
type of operation becomes inoperative
aboard the airplane en route to those
or unserviceable en route;
stations. (j) Procedures for refueling airplanes,
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as eliminating fuel contamination, pro-
spaschal on DSKJM0X7X2PROD with CFR

amended by Amdt. 125–28, 62 FR 13257, Mar. tecting from fire (including electro-
19, 1997; Docket FAA–2018–0119, Amdt. 125–68, static protection), and supervising and
83 FR 9173, Mar. 5, 2018] protecting passengers during refueling;

320

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Federal Aviation Administration, DOT § 125.111

(k) Procedures to be followed by the vise the operating procedures sections


pilot in command in the briefing under and modify the presentation of per-
§ 125.327; formance from the applicable Airplane
(l) Flight locating procedures, when Flight Manual if the revised operating
applicable; procedures and modified performance
(m) Procedures for ensuring compli- data presentation are approved by the
ance with emergency procedures, in- Administrator.
cluding a list of the functions assigned
each category of required crew- Subpart D—Airplane Requirements
members in connection with an emer-
gency and emergency evacuation; § 125.91 Airplane requirements: Gen-
(n) The approved airplane inspection eral.
program; (a) No certificate holder may operate
(o) Procedures and instructions to an airplane governed by this part un-
enable personnel to recognize haz- less it—
ardous materials, as defined in title 49 (1) Carries an appropriate current
CFR, and if these materials are to be airworthiness certificate issued under
carried, stored, or handled, procedures this chapter; and
and instructions for— (2) Is in an airworthy condition and
(1) Accepting shipment of hazardous meets the applicable airworthiness re-
material required by title 49 CFR, to quirements of this chapter, including
assure proper packaging, marking, la- those relating to identification and
beling, shipping documents, compat- equipment.
ibility of articles, and instructions on (b) No person may operate an air-
their loading, storage, and handling; plane unless the current empty weight
(2) Notification and reporting haz- and center of gravity are calculated
ardous material incidents as required from the values established by actual
by title 49 CFR; and weighing of the airplane within the
(3) Notification of the pilot in com- preceding 36 calendar months.
mand when there are hazardous mate-
(c) Paragraph (b) of this section does
rials aboard, as required by title 49
not apply to airplanes issued an origi-
CFR;
nal airworthiness certificate within the
(p) Procedures for the evacuation of
preceding 36 calendar months.
persons who may need the assistance of
another person to move expeditiously § 125.93 Airplane limitations.
to an exit if an emergency occurs;
(q) The identity of each person who No certificate holder may operate a
will administer tests required by this land airplane (other than a DC–3, C–46,
part, including the designation of the CV–240, CV–340, CV–440, CV–580, CV–600,
tests authorized to be given by the per- CV–640, or Martin 404) in an extended
son; and overwater operation unless it is certifi-
(r) Other procedures and policy in- cated or approved as adequate for
structions regarding the certificate ditching under the ditching provisions
holder’s operations that are issued by of part 25 of this chapter.
the certificate holder.
Subpart E—Special Airworthiness
§ 125.75 Airplane flight manual. Requirements
(a) Each certificate holder shall keep
a current approved Airplane Flight § 125.111 General.
Manual or approved equivalent for each (a) Except as provided in paragraph
type airplane that it operates. (b) of this section, no certificate holder
(b) Each certificate holder shall may use an airplane powered by air-
carry the approved Airplane Flight plane engines rated at more than 600
Manual or the approved equivalent horsepower each for maximum contin-
aboard each airplane it operates. A cer- uous operation unless that airplane
tificate holder may elect to carry a meets the requirements of §§ 125.113
spaschal on DSKJM0X7X2PROD with CFR

combination of the manuals required through 125.181.


by this section and § 125.71. If it so (b) If the Administrator determines
elects, the certificate holder may re- that, for a particular model of airplane

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§ 125.113 14 CFR Ch. I (1–1–21 Edition)

used in cargo service, literal compli- planes type certificated after January
ance with any requirement under para- 1, 1958:
graph (a) of this section would be ex- (1) For airplanes manufactured before
tremely difficult and that compliance September 2, 2005, when thermal/acous-
would not contribute materially to the tic insulation is installed in the fuse-
objective sought, the Administrator lage as replacements after September
may require compliance with only 2, 2005, the insulation must meet the
those requirements that are necessary flame propagation requirements of
to accomplish the basic objectives of § 25.856 of this chapter, effective Sep-
this part. tember 2, 2003, if it is:
(c) This section does not apply to any (i) of a blanket construction or
airplane certificated under— (ii) Installed around air ducting.
(1) Part 4b of the Civil Air Regula- (2) For airplanes manufactured after
tions in effect after October 31, 1946; September 2, 2005, thermal/acoustic in-
(2) Part 25 of this chapter; or sulation materials installed in the fu-
(3) Special Civil Air Regulation 422, selage must meet the flame propaga-
422A, or 422B. tion requirements of § 25.856 of this
chapter, effective September 2, 2003.
§ 125.113 Cabin interiors.
[Doc. No. 19799, 45 FR 67235, Oct. 9, 1980, as
(a) Upon the first major overhaul of amended by Amdt. 125–43, 68 FR 45084, July
an airplane cabin or refurbishing of the 31, 2003; Amdt. 125–50, 70 FR 77752, Dec. 30,
cabin interior, all materials in each 2005]
compartment used by the crew or pas-
§ 125.115 Internal doors.
sengers that do not meet the following
requirements must be replaced with In any case where internal doors are
materials that meet these require- equipped with louvres or other ven-
ments: tilating means, there must be a means
(1) For an airplane for which the ap- convenient to the crew for closing the
plication for the type certificate was flow of air through the door when nec-
filed prior to May 1, 1972, § 25.853 in ef- essary.
fect on April 30, 1972.
(2) For an airplane for which the ap- § 125.117 Ventilation.
plication for the type certificate was Each passenger or crew compartment
filed on or after May 1, 1972, the mate- must be suitably ventilated. Carbon
rials requirement under which the air- monoxide concentration may not be
plane was type certificated. more than one part in 20,000 parts of
(b) Except as provided in paragraph air, and fuel fumes may not be present.
(a) of this section, each compartment In any case where partitions between
used by the crew or passengers must compartments have louvres or other
meet the following requirements: means allowing air to flow between
(1) Materials must be at least flash compartments, there must be a means
resistant. convenient to the crew for closing the
(2) The wall and ceiling linings and flow of air through the partitions when
the covering of upholstering, floors, necessary.
and furnishings must be flame resist-
ant. § 125.119 Fire precautions.
(3) Each compartment where smok- (a) Each compartment must be de-
ing is to be allowed must be equipped signed so that, when used for storing
with self-contained ash trays that are cargo or baggage, it meets the fol-
completely removable and other com- lowing requirements:
partments must be placarded against (1) No compartment may include con-
smoking. trols, wiring, lines, equipment, or ac-
(4) Each receptacle for used towels, cessories that would upon damage or
papers, and wastes must be of fire-re- failure, affect the safe operation of the
sistant material and must have a cover airplane unless the item is adequately
or other means of containing possible shielded, isolated, or otherwise pro-
spaschal on DSKJM0X7X2PROD with CFR

fires started in the receptacles. tected so that it cannot be damaged by


(c) Thermal/acoustic insulation ma- movement of cargo in the compart-
terials. For transport category air- ment and so that damage to or failure

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Federal Aviation Administration, DOT § 125.119

of the item would not create a fire haz- (2) It must have an approved built-in
ard in the compartment. fire-extinguishing system controlled
(2) Cargo or baggage may not inter- from the pilot or flight engineer sta-
fere with the functioning of the fire- tion.
protective features of the compart- (3) It must be designed to exclude
ment. hazardous quantities of smoke, flames,
(3) Materials used in the construction or extinguishing agents from entering
of the compartments, including tie- into any compartment occupied by the
down equipment, must be at least crew or passengers.
flame resistant. (4) It must have ventilation and draft
(4) Each compartment must include control so that the extinguishing agent
provisions for safeguarding against provided can control any fire that may
fires according to the classifications start in the compartment.
set forth in paragraphs (b) through (f) (5) It must be lined with fire-resist-
of this section. ant material, except that additional
(b) Class A. Cargo and baggage com- service lining of flame-resistant mate-
partments are classified in the ‘‘A’’ rial may be used.
category if a fire therein would be (e) Class D. Cargo and baggage com-
readily discernible to a member of the partments are classified in the ‘‘D’’
crew while at that crewmember’s sta- category if they are so designed and
tion, and all parts of the compartment constructed that a fire occurring there-
are easily accessible in flight. There in will be completely confined without
must be a hand fire extinguisher avail- endangering the safety of the airplane
able for each Class A compartment. or the occupants. Each Class D com-
(c) Class B. Cargo and baggage com- partment must comply with the fol-
partments are classified in the ‘‘B’’ lowing:
category if enough access is provided (1) It must have a means to exclude
while in flight to enable a member of hazardous quantities of smoke, flames,
the crew to effectively reach all of the or noxious gases from entering any
compartment and its contents with a compartment occupied by the crew or
hand fire extinguisher and the com- passengers.
partment is so designed that, when the
(2) Ventilation and drafts must be
access provisions are being used, no
controlled within each compartment so
hazardous amount of smoke, flames, or
that any fire likely to occur in the
extinguishing agent enters any com-
compartment will not progress beyond
partment occupied by the crew or pas-
safe limits.
sengers. Each Class B compartment
must comply with the following: (3) It must be completely lined with
(1) It must have a separate approved fire-resistant material.
smoke or fire detector system to give (4) Consideration must be given to
warning at the pilot or flight engineer the effect of heat within the compart-
station. ment on adjacent critical parts of the
(2) There must be a hand-held fire ex- airplane.
tinguisher available for the compart- (f) Class E. On airplanes used for the
ment. carriage of cargo only, the cabin area
(3) It must be lined with fire-resist- may be classified as a Class ‘‘E’’ com-
ant material, except that additional partment. Each Class E compartment
service lining of flame-resistant mate- must comply with the following:
rial may be used. (1) It must be completely lined with
(d) Class C. Cargo and baggage com- fire-resistant material.
partments are classified in the ‘‘C’’ cat- (2) It must have a separate system of
egory if they do not conform with the an approved type smoke or fire detec-
requirements for the ‘‘A’’, ‘‘B’’, ‘‘D’’, or tor to give warning at the pilot or
‘‘E’’ categories. Each Class C compart- flight engineer station.
ment must comply with the following: (3) It must have a means to shut off
(1) It must have a separate approved the ventilating air flow to or within
spaschal on DSKJM0X7X2PROD with CFR

smoke or fire detector system to give the compartment and the controls for
warning at the pilot or flight engineer that means must be accessible to the
station. flightcrew in the crew compartment.

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§ 125.121 14 CFR Ch. I (1–1–21 Edition)

(4) It must have a means to exclude § 125.127 Location of fuel tanks.


hazardous quantities of smoke, flames, (a) Fuel tanks must be located in ac-
or noxious gases from entering the cordance with § 125.153.
flightcrew compartment. (b) No part of the engine nacelle skin
(5) Required crew emergency exits that lies immediately behind a major
must be accessible under all cargo air outlet from the engine compart-
loading conditions. ment may be used as the wall of an in-
tegral tank.
§ 125.121 Proof of compliance with (c) Fuel tanks must be isolated from
§ 125.119. personnel compartments by means of
Compliance with those provisions of fume- and fuel-proof enclosures.
§ 125.119 that refer to compartment ac-
§ 125.129 Fuel system lines and fit-
cessibility, the entry of hazardous tings.
quantities of smoke or extinguishing
(a) Fuel lines must be installed and
agent into compartment occupied by
supported so as to prevent excessive vi-
the crew or passengers, and the dissipa-
bration and so as to be adequate to
tion of the extinguishing agent in Class withstand loads due to fuel pressure
‘‘C’’ compartments must be shown by and accelerated flight conditions.
tests in flight. During these tests it (b) Lines connected to components of
must be shown that no inadvertent op- the airplane between which there may
eration of smoke or fire detectors in be relative motion must incorporate
other compartments within the air- provisions for flexibility.
plane would occur as a result of fire (c) Flexible connections in lines that
contained in any one compartment, ei- may be under pressure and subject to
ther during the time it is being extin- axial loading must use flexible hose as-
guished, or thereafter, unless the extin- semblies rather than hose clamp con-
guishing system floods those compart- nections.
ments simultaneously. (d) Flexible hoses must be of an ac-
ceptable type or proven suitable for the
§ 125.123 Propeller deicing fluid. particular application.
If combustible fluid is used for pro- § 125.131 Fuel lines and fittings in des-
peller deicing, the certificate holder ignated fire zones.
must comply with § 125.153. Fuel lines and fittings in each des-
ignated fire zone must comply with
§ 125.125 Pressure cross-feed arrange-
§ 125.157.
ments.
(a) Pressure cross-feed lines may not § 125.133 Fuel valves.
pass through parts of the airplane used Each fuel valve must—
for carrying persons or cargo unless (a) Comply with § 125.155;
there is a means to allow crewmembers (b) Have positive stops or suitable
to shut off the supply of fuel to these index provisions in the ‘‘on’’ and ‘‘off’’
lines or the lines are enclosed in a fuel positions; and
and fume-proof enclosure that is venti- (c) Be supported so that loads result-
lated and drained to the exterior of the ing from its operation or from acceler-
airplane. However, such an enclosure ated flight conditions are not trans-
need not be used if those lines incor- mitted to the lines connected to the
porate no fittings on or within the per- valve.
sonnel or cargo areas and are suitably § 125.135 Oil lines and fittings in des-
routed or protected to prevent acci- ignated fire zones.
dental damage.
Oil lines and fittings in each des-
(b) Lines that can be isolated from ignated fire zone must comply with
the rest of the fuel system by valves at § 125.157.
each end must incorporate provisions
spaschal on DSKJM0X7X2PROD with CFR

for relieving excessive pressures that § 125.137 Oil valves.


may result from exposure of the iso- (a) Each oil valve must—
lated line to high temperatures. (1) Comply with § 125.155;

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Federal Aviation Administration, DOT § 125.153

(2) Have positive stops or suitable § 125.147 Cowling.


index provisions in the ‘‘on’’ and ‘‘off’’
(a) Cowling must be made and sup-
positions; and
ported so as to resist the vibration, in-
(3) Be supported so that loads result- ertia, and air loads to which it may be
ing from its operation or from acceler- normally subjected.
ated flight conditions are not trans- (b) Provisions must be made to allow
mitted to the lines attached to the rapid and complete drainage of the
valve. cowling in normal ground and flight at-
(b) The closing of an oil shutoff titudes. Drains must not discharge in
means must not prevent feathering the locations constituting a fire hazard.
propeller, unless equivalent safety pro- Parts of the cowling that are subjected
visions are incorporated. to high temperatures because they are
near exhaust system parts or because
§ 125.139 Oil system drains. of exhaust gas impingement must be
Accessible drains incorporating ei- made of fireproof material. Unless oth-
ther a manual or automatic means for erwise specified in these regulations,
positive locking in the closed position all other parts of the cowling must be
must be provided to allow safe drainage made of material that is at least fire
of the entire oil system. resistant.

§ 125.141 Engine breather lines. § 125.149 Engine accessory section dia-


phragm.
(a) Engine breather lines must be so
arranged that condensed water vapor Unless equivalent protection can be
that may freeze and obstruct the line shown by other means, a diaphragm
cannot accumulate at any point. that complies with § 125.145 must be
(b) Engine breathers must discharge provided on air-cooled engines to iso-
in a location that does not constitute a late the engine power section and all
parts of the exhaust system from the
fire hazard in case foaming occurs and
engine accessory compartment.
so that oil emitted from the line does
not impinge upon the pilots’ wind- § 125.151 Powerplant fire protection.
shield.
(c) Engine breathers may not dis- (a) Designated fire zones must be pro-
charge into the engine air induction tected from fire by compliance with
system. §§ 125.153 through 125.159.
(b) Designated fire zones are—
§ 125.143 Firewalls. (1) Engine accessory sections;
(2) Installations where no isolation is
Each engine, auxiliary power unit,
provided between the engine and acces-
fuel-burning heater, or other item of
sory compartment; and
combusting equipment that is intended
(3) Areas that contain auxiliary
for operation in flight must be isolated
power units, fuel-burning heaters, and
from the rest of the airplane by means
other combustion equipment.
of firewalls or shrouds, or by other
equivalent means. § 125.153 Flammable fluids.
§ 125.145 Firewall construction. (a) No tanks or reservoirs that are a
part of a system containing flammable
Each firewall and shroud must— fluids or gases may be located in des-
(a) Be so made that no hazardous ignated fire zones, except where the
quantity of air, fluids, or flame can fluid contained, the design of the sys-
pass from the engine compartment to tem, the materials used in the tank,
other parts of the airplane; the shutoff means, and the connec-
(b) Have all openings in the firewall tions, lines, and controls provide equiv-
or shroud sealed with close-fitting fire- alent safety.
proof grommets, bushings, or firewall (b) At least one-half inch of clear air-
spaschal on DSKJM0X7X2PROD with CFR

fittings; space must be provided between any


(c) Be made of fireproof material; and tank or reservior and a firewall or
(d) Be protected against corrosion. shroud isolating a designated fire zone.

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§ 125.155 14 CFR Ch. I (1–1–21 Edition)

§ 125.155 Shutoff means. § 125.161 Fire-extinguishing systems.


(a) Each engine must have a means (a) Unless the certificate holder
for shutting off or otherwise pre- shows that equivalent protection
venting hazardous amounts of fuel, oil, against destruction of the airplane in
deicer, and other flammable fluids case of fire is provided by the use of
from flowing into, within, or through fireproof materials in the nacelle and
any designated fire zone. However, other components that would be sub-
means need not be provided to shut off jected to flame, fire-extinguishing sys-
flow in lines that are an integral part tems must be provided to serve all des-
of an engine. ignated fire zones.
(b) The shutoff means must allow an (b) Materials in the fire-extin-
emergency operating sequence that is guishing system must not react chemi-
compatible with the emergency oper- cally with the extinguishing agent so
ation of other equipment, such as as to be a hazard.
feathering the propeller, to facilitate
rapid and effective control of fires. § 125.163 Fire-extinguishing agents.
(c) Shutoff means must be located Only methyl bromide, carbon dioxide,
outside of designated fire zones, unless or another agent that has been shown
equivalent safety is provided, and it to provide equivalent extinguishing ac-
must be shown that no hazardous tion may be used as a fire-extin-
amount of flammable fluid will drain guishing agent. If methyl bromide or
into any designated fire zone after a any other toxic extinguishing agent is
shutoff. used, provisions must be made to pre-
(d) Adequate provisions must be vent harmful concentrations of fluid or
made to guard against inadvertent op- fluid vapors from entering any per-
eration of the shutoff means and to sonnel compartment either because of
make it possible for the crew to reopen leakage during normal operation of the
the shutoff means after it has been airplane or because of discharging the
closed. fire extinguisher on the ground or in
flight when there is a defect in the ex-
§ 125.157 Lines and fittings. tinguishing system. If a methyl bro-
(a) Each line, and its fittings, that is mide system is used, the containers
located in a designated fire zone, if it must be charged with dry agent and
carries flammable fluids or gases under sealed by the fire-extinguisher manu-
pressure, or is attached directly to the facturer or some other person using
engine, or is subject to relative motion satisfactory recharging equipment. If
between components (except lines and carbon dioxide is used, it must not be
fittings forming an integral part of the possible to discharge enough gas into
engine), must be flexible and fire-re- the personnel compartments to create
sistant with fire-resistant, factory- a danger of suffocating the occupants.
fixed, detachable, or other approved
fire-resistant ends. § 125.165 Extinguishing agent con-
tainer pressure relief.
(b) Lines and fittings that are not
subject to pressure or to relative mo- Extinguishing agent containers must
tion between components must be of be provided with a pressure relief to
fire-resistant materials. prevent bursting of the container be-
cause of excessive internal pressures.
§ 125.159 Vent and drain lines. The discharge line from the relief con-
All vent and drain lines, and their nection must terminate outside the
fittings, that are located in a des- airplane in a place convenient for in-
ignated fire zone must, if they carry spection on the ground. An indicator
flammable fluids or gases, comply with must be provided at the discharge end
§ 125.157, if the Administrator finds that of the line to provide a visual indica-
spaschal on DSKJM0X7X2PROD with CFR

the rupture or breakage of any vent or tion when the container has dis-
drain line may result in a fire hazard. charged.

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Federal Aviation Administration, DOT § 125.183

§ 125.167 Extinguishing agent con- § 125.177 Control of engine rotation.


tainer compartment temperature.
(a) Except as provided in paragraph
Precautions must be taken to ensure (b) of this section, each airplane must
that the extinguishing agent con- have a means of individually stopping
tainers are installed in places where and restarting the rotation of any en-
reasonable temperatures can be main- gine in flight.
tained for effective use of the extin- (b) In the case of turbine engine in-
guishing system. stallations, a means of stopping rota-
tion need be provided only if the Ad-
§ 125.169 Fire-extinguishing system ministrator finds that rotation could
materials. jeopardize the safety of the airplane.
(a) Except as provided in paragraph
(b) of this section, each component of a § 125.179 Fuel system independence.
fire-extinguishing system that is in a (a) Each airplane fuel system must be
designated fire zone must be made of arranged so that the failure of any one
fireproof materials. component does not result in the irre-
(b) Connections that are subject to coverable loss of power of more than
relative motion between components of one engine.
the airplane must be made of flexible (b) A separate fuel tank need not be
materials that are at least fire-resist- provided for each engine if the certifi-
ant and be located so as to minimize cate holder shows that the fuel system
the probability of failure. incorporates features that provide
equivalent safety.
§ 125.171 Fire-detector systems.
§ 125.181 Induction system ice preven-
Enough quick-acting fire detectors tion.
must be provided in each designated
fire zone to assure the detection of any A means for preventing the malfunc-
fire that may occur in that zone. tioning of each engine due to ice accu-
mulation in the engine air induction
§ 125.173 Fire detectors. system must be provided for each air-
plane.
Fire detectors must be made and in-
stalled in a manner that assures their § 125.183 Carriage of cargo in pas-
ability to resist, without failure, all vi- senger compartments.
bration, inertia, and other loads to (a) Except as provided in paragraph
which they may be normally subjected. (b) or (c) of this section, no certificate
Fire detectors must be unaffected by holder may carry cargo in the pas-
exposure to fumes, oil, water, or other senger compartment of an airplane.
fluids that may be present. (b) Cargo may be carried aft of the
foremost seated passengers if it is car-
§ 125.175 Protection of other airplane
components against fire. ried in an approved cargo bin that
meets the following requirements:
(a) Except as provided in paragraph (1) The bin must withstand the load
(b) of this section, all airplane surfaces factors and emergency landing condi-
aft of the nacelles in the area of one tions applicable to the passenger seats
nacelle diameter on both sides of the of the airplane in which the bin is in-
nacelle centerline must be made of ma- stalled, multiplied by a factor of 1.15,
terial that is at least fire resistant. using the combined weight of the bin
(b) Paragraph (a) of this section does and the maximum weight of cargo that
not apply to tail surfaces lying behind may be carried in the bin.
nacelles unless the dimensional con- (2) The maximum weight of cargo
figuration of the airplane is such that that the bin is approved to carry and
the tail surfaces could be affected read- any instructions necessary to ensure
ily by heat, flames, or sparks ema- proper weight distribution within the
nating from a designated fire zone or bin must be conspicuously marked on
spaschal on DSKJM0X7X2PROD with CFR

from the engine from a designated fire the bin.


zone or from the engine compartment (3) The bin may not impose any load
of any nacelle. on the floor or other structure of the

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§ 125.185 14 CFR Ch. I (1–1–21 Edition)

airplane that exceeds the load limita- (5) Its location does not obscure any
tions of that structure. passenger’s view of the ‘‘seat belt’’
(4) The bin must be attached to the sign, ‘‘no smoking’’ sign, or required
seat tracks or to the floor structure of exit sign, unless an auxiliary sign or
the airplane, and its attachment must other approved means for proper notifi-
withstand the load factors and emer- cation of the passenger is provided.
gency landing conditions applicable to
the passenger seats of the airplane in § 125.185 Carriage of cargo in cargo
which the bin is installed, multiplied compartments.
by either the factor 1.15 or the seat at- When cargo is carried in cargo com-
tachment factor specified for the air- partments that are designed to require
plane, whichever is greater, using the the physical entry of a crewmember to
combined weight of the bin and the extinguish any fire that may occur
maximum weight of cargo that may be during flight, the cargo must be loaded
carried in the bin. so as to allow a crewmember to effec-
(5) The bin may not be installed in a tively reach all parts of the compart-
position that restricts access to or use ment with the contents of a hand-held
of any required emergency exit, or of fire extinguisher.
the aisle in the passenger compart-
ment. § 125.187 Landing gear: Aural warning
(6) The bin must be fully enclosed device.
and made of material that is at least (a) Except for airplanes that comply
flame-resistant. with the requirements of § 25.729 of this
(7) Suitable safeguards must be pro- chapter on or after January 6, 1992,
vided within the bin to prevent the each airplane must have a landing gear
cargo from shifting under emergency aural warning device that functions
landing conditions. continuously under the following con-
(8) The bin may not be installed in a ditions:
position that obscures any passenger’s (1) For airplanes with an established
view of the ‘‘seat belt’’ sign, ‘‘no smok- approach wing-flap position, whenever
ing’’ sign, or any required exit sign, un- the wing flaps are extended beyond the
less an auxiliary sign or other approved maximum certificated approach climb
means for proper notification of the configuration position in the Airplane
passenger is provided. Flight Manual and the landing gear is
(c) All cargo may be carried forward not fully extended and locked.
of the foremost seated passengers and (2) For airplanes without an estab-
carry-on baggage may be carried along- lished approach climb wing-flap posi-
side the foremost seated passengers if tion, whenever the wing flaps are ex-
the cargo (including carry-on baggage) tended beyond the position at which
is carried either in approved bins as landing gear extension is normally per-
specified in paragraph (b) of this sec- formed and the landing gear is not
tion or in accordance with the fol- fully extended and locked.
lowing:
(b) The warning system required by
(1) It is properly secured by a safety
paragraph (a) of this section—
belt or other tie down having enough
(1) May not have a manual shutoff;
strength to eliminate the possibility of
shifting under all normally anticipated (2) Must be in addition to the throt-
flight and ground conditions. tle-actuated device installed under the
(2) It is packaged or covered in a type certification airworthiness re-
manner to avoid possible injury to pas- quirements; and
sengers. (3) May utilize any part of the throt-
(3) It does not impose any load on tle-actuated system including the
seats or the floor structure that ex- aural warning device.
ceeds the load limitation for those (c) The flap position sensing unit
components. may be installed at any suitable place
(4) Its location does not restrict ac- in the airplane.
spaschal on DSKJM0X7X2PROD with CFR

cess to or use of any required emer- [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
gency or regular exit, or of the aisle in amended by Amdt. 125–16, 56 FR 63762, Dec. 5,
the passenger compartment. 1991]

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Federal Aviation Administration, DOT § 125.201

§ 125.189 Demonstration of emergency airplane as a part 121 or part 123 cer-


evacuation procedures. tificate holder, it need not conduct a
(a) Each certificate holder must demonstration under this paragraph in
show, by actual demonstration con- that type airplane to achieve certifi-
ducted in accordance with paragraph cation under part 125.
(a) of appendix B of this part, that the
emergency evacuation procedures for Subpart F—Instrument and
each type and model of airplane with a Equipment Requirements
seating of more than 44 passengers,
that is used in its passenger-carrying § 125.201 Inoperable instruments and
operations, allow the evacuation of the equipment.
full seating capacity, including crew-
(a) No person may take off an air-
members, in 90 seconds or less, in each
of the following circumstances: plane with inoperable instruments or
(1) A demonstration must be con- equipment installed unless the fol-
ducted by the certificate holder upon lowing conditions are met:
the initial introduction of a type and (1) An approved Minimum Equipment
model of airplane into passenger-car- List exists for that airplane.
rying operations. However, the dem- (2) The responsible Flight Standards
onstration need not be repeated for any office having certification responsi-
airplane type or model that has the bility has issued the certificate holder
same number and type of exits, the operations specifications authorizing
same cabin configuration, and the operations in accordance with an ap-
same emergency equipment as any proved Minimum Equipment List. The
other airplane used by the certificate flight crew shall have direct access at
holder in successfully demonstrating all times prior to flight to all of the in-
emergency evacuation in compliance formation contained in the approved
with this paragraph. Minimum Equipment List through
(2) A demonstration must be con- printed or other means approved by the
ducted— Administrator in the certificate hold-
(i) Upon increasing by more than 5 ers operations specifications. An ap-
percent the passenger seating capacity proved Minimum Equipment List, as
for which successful demonstration has authorized by the operations specifica-
been conducted; or tions, constitutes an approved change
(ii) Upon a major change in the pas- to the type design without requiring
senger cabin interior configuration recertification.
that will affect the emergency evacu- (3) The approved Minimum Equip-
ation of passengers. ment List must:
(b) If a certificate holder has con- (i) Be prepared in accordance with
ducted a successful demonstration re- the limitations specified in paragraph
quired by § 121.291(a) in the same type
(b) of this section.
airplane as a part 121 or part 123 cer-
(ii) Provide for the operation of the
tificate holder, it need not conduct a
airplane with certain instruments and
demonstration under this paragraph in
that type airplane to achieve certifi- equipment in an inoperable condition.
cation under part 125. (4) Records identifying the inoperable
(c) Each certificate holder operating instruments and equipment and the in-
or proposing to operate one or more formation required by paragraph
landplanes in extended overwater oper- (a)(3)(ii) of this section must be avail-
ations, or otherwise required to have able to the pilot.
certain equipment under § 125.209, must (5) The airplane is operated under all
show, by a simulated ditching con- applicable conditions and limitations
ducted in accordance with paragraph contained in the Minimum Equipment
(b) of appendix B of this part, that it List and the operations specifications
has the ability to efficiently carry out authorizing use of the Minimum Equip-
its ditching procedures. ment List.
spaschal on DSKJM0X7X2PROD with CFR

(d) If a certificate holder has con- (b) The following instruments and
ducted a successful demonstration re- equipment may not be included in the
quired by § 121.291(b) in the same type Minimum Equipment List:

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§ 125.203 14 CFR Ch. I (1–1–21 Edition)

(1) Instruments and equipment that (i) Except as provided in paragraph


are either specifically or otherwise re- (d) of this section, two approved inde-
quired by the airworthiness require- pendent navigation systems suitable
ments under which the airplane is type for navigating the airplane along the
certificated and which are essential for route within the degree of accuracy re-
safe operations under all operating quired for ATC;
conditions. (ii) One marker beacon receiver pro-
(2) Instruments and equipment re- viding visual and aural signals;
quired by an airworthiness directive to (iii) One ILS receiver;
be in operable condition unless the air- (iv) Two transmitters;
worthiness directive provides other- (v) Two microphones;
wise. (vi) Two headsets or one headset and
(3) Instruments and equipment re- one speaker; and
quired for specific operations by this (vii) Two independent communica-
part. tion systems, one of which must have
(c) Notwithstanding paragraphs (b)(1) two-way voice communication capa-
and (b)(3) of this section, an airplane bility, capable of transmitting to, and
with inoperable instruments or equip- receiving from, at least one appro-
ment may be operated under a special priate facility from any place on the
flight permit under §§ 21.197 and 21.199 route to be flown; and
of this chapter. (3) Any RNAV system used to meet
[Doc. No. 25780, 56 FR 12310, Mar. 22, 1991, as the navigation equipment require-
amended by Docket FAA–2018–0119, Amdt. ments of this section is authorized in
125–68, 83 FR 9174, Mar. 5, 2018] the certificate holder’s operations
specifications.
§ 125.203 Communication and naviga- (d) Use of a single independent naviga-
tion equipment. tion system for operations under IFR—not
(a) Communication equipment—general. for extended overwater operations. Not-
No person may operate an airplane un- withstanding the requirements of para-
less it has two-way radio communica- graph (c)(2)(i) of this section, the air-
tion equipment able, at least in flight, plane may be equipped with a single
to transmit to, and receive from, ap- independent navigation system suit-
propriate facilities 22 nautical miles able for navigating the airplane along
away. the route to be flown within the degree
(b) Navigation equipment for operations of accuracy required for ATC if—
over the top. No person may operate an (1) It can be shown that the airplane
airplane over the top unless it has is equipped with at least one other
navigation equipment suitable for the independent navigation system suit-
route to be flown. able, in the event of loss of the naviga-
(c) Communication and navigation tion capability of the single inde-
equipment for IFR or extended over-water pendent navigation system permitted
operations—General. Except as provided by this paragraph at any point along
in paragraph (f) of this section, no per- the route, for proceeding safely to a
son may operate an airplane carrying suitable airport and completing an in-
passengers under IFR or in extended strument approach; and
over-water operations unless— (2) The airplane has sufficient fuel so
(1) The en route navigation aids nec- that the flight may proceed safely to a
essary for navigating the airplane suitable airport by use of the remain-
along the route (e.g., ATS routes, ar- ing navigation system, and complete
rival and departure routes, and instru- an instrument approach and land.
ment approach procedures, including (e) Use of VOR navigation equipment.
missed approach procedures if a missed If VOR navigation equipment is re-
approach routing is specified in the quired by paragraph (c) or (d) of this
procedure) are available and suitable section, no person may operate an air-
for use by the aircraft navigation sys- plane unless it is equipped with at least
tems required by this section; one approved DME or a suitable RNAV
spaschal on DSKJM0X7X2PROD with CFR

(2) The airplane used in those oper- system.


ations is equipped with at least the fol- (f) Extended over-water operations.
lowing equipment— Notwithstanding the requirements of

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Federal Aviation Administration, DOT § 125.205

paragraph (c) of this section, installa- (a) A vertical speed indicator;


tion and use of a single long-range (b) A free-air temperature indicator;
navigation system and a single long- (c) A heated pitot tube for each air-
range communication system for ex- speed indicator;
tended over-water operations in certain (d) A power failure warning device or
geographic areas may be authorized by vacuum indicator to show the power
the Administrator and approved in the
available for gyroscopic instruments
certificate holder’s operations speci-
from each power source;
fications. The following are among the
operational factors the Administrator (e) An alternate source of static pres-
may consider in granting an authoriza- sure for the altimeter and the airspeed
tion: and vertical speed indicators;
(1) The ability of the flight crew to (f) At least two generators each of
navigate the airplane along the route which is on a separate engine, or which
to be flown within the degree of accu- any combination of one-half of the
racy required for ATC; total number are rated sufficiently to
(2) The length of the route being supply the electrical loads of all re-
flown; and quired instruments and equipment nec-
(3) The duration of the very high fre- essary for safe emergency operation of
quency communications gap. the airplane; and
[Doc. No. FAA–2002–14002, 72 FR 31682, June 7, (g) Two independent sources of en-
2007] ergy (with means of selecting either),
of which at least one is an engine-driv-
§ 125.204 Portable electronic devices. en pump or generator, each of which is
(a) Except as provided in paragraph able to drive all gyroscopic instru-
(b) of this section, no person may oper- ments and installed so that failure of
ate, nor may any operator or pilot in one instrument or source does not
command of an aircraft allow the oper- interfere with the energy supply to the
ation of, any portable electronic device remaining instruments or the other en-
on any U.S.-registered civil aircraft op-
ergy source. For the purposes of this
erating under this part.
paragraph, each engine-driven source
(b) Paragraph (a) of this section does
not apply to— of energy must be on a different en-
(1) Portable voice recorders; gine.
(2) Hearing aids; (h) For the purposes of paragraph (f)
(3) Heart pacemakers; of this section, a continuous inflight
(4) Electric shavers; electrical load includes one that draws
(5) Portable oxygen concentrators current continuously during flight,
that comply with the requirements in such as radio equipment, electrically
§ 125.219; or driven instruments, and lights, but
(6) Any other portable electronic de- does not include occasional intermit-
vice that the Part 125 certificate holder tent loads.
has determined will not cause inter- (i) An airspeed indicating system
ference with the navigation or commu- with heated pitot tube or equivalent
nication system of the aircraft on means for preventing malfunctioning
which it is to be used. due to icing.
(c) The determination required by
(j) A sensitive altimeter.
paragraph (b)(6) of this section shall be
made by that Part 125 certificate hold- (k) Instrument lights providing
er operating the particular device to be enough light to make each required in-
used. strument, switch, or similar instru-
ment easily readable and installed so
[Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7, that the direct rays are shielded from
1999, as amended by Docket FAA–2014–0554,
Amdt. 125–65, 81 FR 33118, May 24, 2016] the flight crewmembers’ eyes and that
no objectionable reflections are visible
§ 125.205 Equipment requirements: to them. There must be a means of con-
spaschal on DSKJM0X7X2PROD with CFR

Airplanes under IFR. trolling the intensity of illumination


No person may operate an airplane unless it is shown that nondimming in-
under IFR unless it has— strument lights are satisfactory.

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§ 125.206 14 CFR Ch. I (1–1–21 Edition)

§ 125.206 Pitot heat indication systems. Contents Quantity

(a) Except as provided in paragraph Antiseptic swabs .................................................... 20


(b) of this section, after April 12, 1981, Ammonia inhalants ................................................ 10
Bandage compressors, 4 in .................................. 8
no person may operate a transport cat- Triangular bandage compressors, 40 in ............... 5
egory airplane equipped with a flight Arm splint, noninflatable ........................................ 1
instrument pitot heating system unless Leg splint, noninflatable ......................................... 1
the airplane is equipped with an oper- Roller bandage, 4 in .............................................. 4
Adhesive tape, 1-in standard roll .......................... 2
able pitot heat indication system that Bandage scissors .................................................. 1
complies with § 25.1326 of this chapter Protective latex gloves or equivalent nonper-
in effect on April 12, 1978. meable gloves .................................................... 11

(b) A certificate holder may obtain 1 Pair.

an extension of the April 12, 1981, com-


pliance date specified in paragraph (a) (iv) Protective latex gloves or equiv-
of this section, but not beyond April 12, alent nonpermeable gloves may be
1983, from the Executive Director, placed in the first aid kit or in a loca-
Flight Standards Service if the certifi- tion that is readily accessible to crew-
cate holder— members.
(1) Shows that due to circumstances (2) A crash axe carried so as to be ac-
beyond its control it cannot comply by cessible to the crew but inaccessible to
the specified compliance date; and passengers during normal operations.
(2) Submits by the specified compli- (3) Signs that are visible to all occu-
ance date a schedule for compliance ac- pants to notify them when smoking is
ceptable to the Executive Director, in- prohibited and when safety belts
dicating that compliance will be should be fastened. The signs must be
achieved at the earliest practicable so constructed that they can be turned
date. on and off by a crewmember. They
must be turned on for each takeoff and
[Doc. No. 18904, 46 FR 43806, Aug. 31, 1981, as
each landing and when otherwise con-
amended by Amdt. 125–13, 54 FR 39294, Sept.
25, 1989; Docket FAA–2018–0119, Amdt. 125–68, sidered to be necessary by the pilot in
83 FR 9174, Mar. 5, 2018] command.
(4) The additional emergency equip-
§ 125.207 Emergency equipment re- ment specified in appendix A of this
quirements. part.
(a) No person may operate an air- (b) Megaphones. Each passenger-car-
plane having a seating capacity of 20 or rying airplane must have a portable
more passengers unless it is equipped battery-powered megaphone or mega-
with the following emergency equip- phones readily accessible to the crew-
ment: members assigned to direct emergency
(1) One approved first aid kit for evacuation, installed as follows:
treatment of injuries likely to occur in (1) One megaphone on each airplane
flight or in a minor accident, which with a seating capacity of more than 60
meets the following specifications and and less than 100 passengers, at the
requirements: most rearward location in the pas-
(i) Each first aid kit must be dust senger cabin where it would be readily
and moisture proof and contain only accessible to a normal flight attendant
materials that either meet Federal seat. However, the Administrator may
Specifications GGK–391a, as revised, or grant a deviation from the require-
as approved by the Administrator. ments of this paragraph if the Adminis-
(ii) Required first aid kits must be trator finds that a different location
readily accessible to the cabin flight would be more useful for evacuation of
attendants. persons during an emergency.
(iii) Except as provided in paragraph (2) Two megaphones in the passenger
(a)(1)(iv) of this section, at time of cabin on each airplane with a seating
takeoff, each first aid kit must contain capacity of more than 99 and less than
at least the following or other contents 200 passengers, one installed at the for-
approved by the Administrator: ward end and the other at the most
spaschal on DSKJM0X7X2PROD with CFR

rearward location where it would be


Contents Quantity
readily accessible to a normal flight
Adhesive bandage compressors, 1 in ................... 16 attendant seat.

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Federal Aviation Administration, DOT § 125.211

(3) Three megaphones in the pas- (xvi) A 2-day supply of emergency


senger cabin on each airplane with a food rations supplying at least 1,000
seating capacity of more than 199 pas- calories a day for each person;
sengers, one installed at the forward (xvii) One sea water desalting kit for
end, one installed at the most rearward each two persons that raft is rated to
location where it would be readily ac- carry, or two pints of water for each
cessible to a normal flight attendant person the raft is rated to carry;
seat, and one installed in a readily ac- (xviii) One fishing kit; and
cessible location in the mid-section of (xix) One book on survival appro-
the airplane. priate for the area in which the air-
plane is operated.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
(b) No person may operate an air-
amended by Amdt. 125–19, 59 FR 1781, Jan. 12,
1994; Amdt. 125–22, 59 FR 52643, Oct. 18, 1994;
plane in extended overwater operations
59 FR 55208, Nov. 4, 1994] unless there is attached to one of the
life rafts required by paragraph (a) of
§ 125.209 Emergency equipment: Ex- this section, an approved survival type
tended overwater operations. emergency locator transmitter. Bat-
(a) No person may operate an air- teries used in this transmitter must be
plane in extended overwater operations replaced (or recharged, if the batteries
unless it carries, installed in conspicu- are rechargeable) when the transmitter
ously marked locations easily acces- has been in use for more than one cu-
sible to the occupants if a ditching oc- mulative hour, or, when 50 percent of
curs, the following equipment: their useful life (or for rechargeable
(1) An approved life preserver batteries, 50 percent of their useful life
equipped with an approved survivor lo- of charge) has expired, as established
cator light, or an approved flotation by the transmitter manufacturer under
means, for each occupant of the air- its approval. The new expiration date
craft. The life preserver or other flota- for replacing (or recharging) the bat-
tion means must be easily accessible to tery must be legibly marked on the
each seated occupant. If a flotation outside of the transmitter. The battery
means other than a life preserver is useful life (or useful life of charge) re-
used, it must be readily removable quirements of this paragraph do not
from the airplane. apply to batteries (such as water-acti-
(2) Enough approved life rafts (with vated batteries) that are essentially
proper buoyancy) to carry all occu- unaffected during probable storage in-
pants of the airplane, and at least the tervals.
following equipment for each raft [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
clearly marked for easy identifica- amended by Amdt. 125–20, 59 FR 32058, June
tion— 21, 1994]
(i) One canopy (for sail, sunshade, or
rain catcher); § 125.211 Seat and safety belts.
(ii) One radar reflector (or similar de- (a) No person may operate an air-
vice); plane unless there are available during
(iii) One life raft repair kit; the takeoff, en route flight, and land-
(iv) One bailing bucket; ing—
(v) One signaling mirror; (1) An approved seat or berth for each
(vi) One police whistle; person on board the airplane who is at
(vii) One raft knife; least 2 years old; and
(viii) One CO2 bottle for emergency (2) An approved safety belt for sepa-
inflation; rate use by each person on board the
(ix) One inflation pump; airplane who is at least 2 years old, ex-
(x) Two oars; cept that two persons occupying a
(xi) One 75-foot retaining line; berth may share one approved safety
(xii) One magnetic compass; belt and two persons occupying a mul-
(xiii) One dye marker; tiple lounge or divan seat may share
(xiv) One flashlight having at least one approved safety belt during en
spaschal on DSKJM0X7X2PROD with CFR

two size ‘‘D’’ cells or equivalent; route flight only.


(xv) At least one approved pyro- (b) Except as provided in paragraphs
technic signaling device; (b)(1) and (b)(2) of this section, each

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§ 125.211 14 CFR Ch. I (1–1–21 Edition)

person on board an airplane operated holder was approved by the FAA


under this part shall occupy an ap- through Type Certificate or Supple-
proved seat or berth with a separate mental Type Certificate; or
safety belt properly secured about him (4) That the seat or child restraint
or her during movement on the surface, device furnished by the certificate
takeoff, and landing. A safety belt pro- holder, or one of the persons described
vided for the occupant of a seat may in paragraph (b)(2)(i) of this section,
not be used for more than one person was approved by the FAA in accord-
who has reached his or her second ance with § 21.8(d) of this chapter or
birthday. Notwithstanding the pre- Technical Standard Order C–100b, or a
ceding requirements, a child may: later version. The child restraint de-
(1) Be held by an adult who is occu- vice manufactured by AmSafe, Inc.
pying an approved seat or berth, pro- (CARES, Part No. 4082) and approved
vided the child has not reached his or by the FAA in accordance with
her second birthday and the child does § 21.305(d) (2010 ed.) of this chapter may
not occupy or use any restraining de- continue to bear a label or markings
vice; or showing FAA approval in accordance
(2) Notwithstanding any other re- with § 21.305(d) (2010 ed.) of this chapter.
quirement of this chapter, occupy an (D) Except as provided in
approved child restraint system fur- § 125.211(b)(2)(ii)(C)(3) and
nished by the certificate holder or one § 125.211(b)(2)(ii)(C)(4), booster-type
of the persons described in paragraph child restraint systems (as defined in
(b)(2)(i) of this section, provided: Federal Motor Vehicle Safety Standard
(i) The child is accompanied by a par- No. 213 (49 CFR 571.213)), vest- and har-
ent, guardian, or attendant designated ness-type child restraint systems, and
by the child’s parent or guardian to at- lap held child restraints are not ap-
tend to the safety of the child during proved for use in aircraft; and
the flight; (iii) The certificate holder complies
(ii) Except as provided in paragraph with the following requirements:
(b)(2)(ii)(D) of this section, the ap- (A) The restraint system must be
proved child restraint system bears one properly secured to an approved for-
or more labels as follows: ward-facing seat or berth;
(A) Seats manufactured to U.S. (B) The child must be properly se-
standards between January 1, 1981, and cured in the restraint system and must
February 25, 1985, must bear the label: not exceed the specified weight limit
‘‘This child restraint system conforms for the restraint system; and
to all applicable Federal motor vehicle (C) The restraint system must bear
safety standards’’; the appropriate label(s).
(B) Seats manufactured to U.S. (c) Except as provided in paragraph
standards on or after February 26, 1985, (c)(3) of this section, the following pro-
must bear two labels: hibitions apply to certificate holders:
(1) ‘‘This child restraint system con- (1) Except as provided in
forms to all applicable Federal motor § 125.211(b)(2)(ii)(C)(3) and
vehicle safety standards’’; and § 125.211(b)(2)(ii)(C)(4), no certificate
(2) ‘‘THIS RESTRAINT IS CER- holder may permit a child, in an air-
TIFIED FOR USE IN MOTOR VEHI- craft, to occupy a booster-type child
CLES AND AIRCRAFT’’ in red let- restraint system, a vest-type child re-
tering; straint system, a harness-type child re-
(C) Seats that do not qualify under straint system, or a lap held child re-
paragraphs (b)(2)(ii)(A) and (b)(2)(ii)(B) straint system during take off, landing,
of this section must bear a label or and movement on the surface.
markings showing: (2) Except as required in paragraph
(1) That the seat was approved by a (c)(1) of this section, no certificate
foreign government; holder may prohibit a child, if re-
(2) That the seat was manufactured quested by the child’s parent, guardian,
under the standards of the United Na- or designated attendant, from occu-
spaschal on DSKJM0X7X2PROD with CFR

tions; pying a child restraint system fur-


(3) That the seat or child restraint nished by the child’s parent, guardian,
device furnished by the certificate or designated attendant provided:

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Federal Aviation Administration, DOT § 125.215

(i) The child holds a ticket for an ap- (a) If protective fuses are installed on
proved seat or berth or such seat or an airplane, the number of spare fuses
berth is otherwise made available by approved for the airplane and appro-
the certificate holder for the child’s priately described in the certificate
use; holder’s manual.
(ii) The requirements of paragraph (b) A windshield wiper or equivalent
(b)(2)(i) of this section are met; for each pilot station.
(iii) The requirements of paragraph (c) A power supply and distribution
(b)(2)(iii) of this section are met; and system that meets the requirements of
(iv) The child restraint system has §§ 25.1309, 25.1331, 25.1351 (a) and (b) (1)
one or more of the labels described in through (4), 25.1353, 25.1355, and
paragraphs (b)(2)(ii)(A) through 25.1431(b) or that is able to produce and
(b)(2)(ii)(C) of this section. distribute the load for the required in-
struments and equipment, with use of
(3) This section does not prohibit the
an external power supply if any one
certificate holder from providing child
power source or component of the
restraint systems authorized by this
power distribution system fails. The
section or, consistent with safe oper-
use of common elements in the system
ating practices, determining the most
may be approved if the Administrator
appropriate passenger seat location for
finds that they are designed to be rea-
the child restraint system.
sonably protected against malfunc-
(d) Each sideward facing seat must tioning. Engine-driven sources of en-
comply with the applicable require- ergy, when used, must be on separate
ments of § 25.785(c) of this chapter. engines.
(e) No certificate holder may take off (d) A means for indicating the ade-
or land an airplane unless each pas- quacy of the power being supplied to
senger seat back is in the upright posi- required flight instruments.
tion. Each passenger shall comply with (e) Two independent static pressure
instructions given by a crewmember in systems, vented to the outside atmos-
compliance with this paragraph. This pheric pressure so that they will be
paragraph does not apply to seats on least affected by air flow variation or
which cargo or persons who are unable moisture or other foreign matter, and
to sit erect for a medical reason are installed so as to be airtight except for
carried in accordance with procedures the vent. When a means is provided for
in the certificate holder’s manual if transferring an instrument from its
the seat back does not obstruct any primary operating system to an alter-
passenger’s access to the aisle or to native system, the means must include
any emergency exit. a positive positioning control and must
(f) Each occupant of a seat equipped be marked to indicate clearly which
with a shoulder harness must fasten system is being used.
the shoulder harness during takeoff (f) A placard on each door that is the
and landing, except that, in the case of means of access to a required passenger
crewmembers, the shoulder harness emergency exit to indicate that it
need not be fastened if the crew- must be open during takeoff and land-
member cannot perform his required ing.
duties with the shoulder harness fas- (g) A means for the crew, in an emer-
tened. gency, to unlock each door that leads
[Doc. No. 19799, 45 FR 67235, Oct. 9, 1980, as to a compartment that is normally ac-
amended by Amdt. 125–17, 57 FR 42674, Sept. cessible to passengers and that can be
15, 1992; Amdt. 125–26, 61 FR 28422, June 4, locked by passengers.
1996; Amdt. 125–48, 70 FR 50907, Aug. 26, 2005;
Amdt. 125–51, 71 FR 40009, July 14, 2006; 71 FR § 125.215 Operating information re-
59373, Oct. 10, 2006; Amdt. 125–64, 79 FR 28812, quired.
May 20, 2014] (a) The operator of an airplane must
provide the following materials, in cur-
§ 125.213 Miscellaneous equipment. rent and appropriate form, accessible
spaschal on DSKJM0X7X2PROD with CFR

No person may conduct any oper- to the pilot at the pilot station, and
ation unless the following equipment is the pilot shall use them:
installed in the airplane: (1) A cockpit checklist.

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§ 125.217 14 CFR Ch. I (1–1–21 Edition)

(2) An emergency cockpit checklist when otherwise considered to be nec-


containing the procedures required by essary by the pilot in command.
paragraph (c) of this section, as appro- (b) No passenger or crewmember may
priate. smoke while any ‘‘No Smoking’’ sign is
(3) Pertinent aeronautical charts. lighted nor may any passenger or crew-
(4) For IFR operations, each perti- member smoke in any lavatory.
nent navigational en route, terminal (c) Each passenger required by
area, and approach and letdown chart; § 125.211(b) to occupy a seat or berth
(5) One-engine-inoperative climb per- shall fasten his or her safety belt about
formance data and, if the airplane is him or her and keep it fastened while
approved for use in IFR or over-the-top any ‘‘Fasten Seat Belt’’ sign is lighted.
operations, that data must be suffi- (d) Each passenger shall comply with
cient to enable the pilot to determine instructions given him or her by crew-
that the airplane is capable of carrying members regarding compliance with
passengers over-the-top or in IFR con- paragraphs (b) and (c) of this section.
ditions at a weight that will allow it to
climb, with the critical engine inoper- [Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]
ative, at least 50 feet a minute when
operating at the MEA’s of the route to § 125.219 Oxygen and portable oxygen
be flown or 5,000 feet MSL, whichever is concentrators for medical use by
passengers.
higher.
(b) Each cockpit checklist required (a) Except as provided in paragraphs
by paragraph (a)(1) of this section must (d) and (f) of this section, no certificate
contain the following procedures: holder may allow the carriage or oper-
(1) Before starting engines; ation of equipment for the storage,
(2) Before take-off; generation or dispensing of medical ox-
(3) Cruise; ygen unless the conditions in para-
(4) Before landing; graphs (a) through (c) of this section
(5) After landing; are satisfied. Beginning August 22, 2016,
(6) Stopping engines. a certificate holder may allow a pas-
senger to carry and operate a portable
(c) Each emergency cockpit checklist
oxygen concentrator when the condi-
required by paragraph (a)(2) of this sec-
tion must contain the following proce- tions in paragraphs (b) and (f) of this
dures, as appropriate: section are satisfied.
(1) Emergency operation of fuel, hy- (1) The equipment must be—
draulic, electrical, and mechanical sys- (i) Of an approved type or in con-
tems. formity with the manufacturing, pack-
(2) Emergency operation of instru- aging, marking, labeling, and mainte-
ments and controls. nance requirements of title 49 CFR
(3) Engine inoperative procedures. parts 171, 172, and 173, except
(4) Any other emergency procedures § 173.24(a)(1);
necessary for safety. (ii) When owned by the certificate
holder, maintained under the certifi-
§ 125.217 Passenger information. cate holder’s approved maintenance
program;
(a) Except as provided in paragraph
(b) of this section, no person may oper- (iii) Free of flammable contaminants
ate an airplane carrying passengers un- on all exterior surfaces;
less it is equipped with signs that meet (iv) Constructed so that all valves,
the requirements of § 25.791 of this fittings, and gauges are protected from
chapter and that are visible to pas- damage during that carriage or oper-
sengers and flight attendants to notify ation; and
them when smoking is prohibited and (v) Appropriately secured.
when safety belts must be fastened. (2) When the oxygen is stored in the
The signs must be so constructed that form of a liquid, the equipment must
the crew can turn them on and off. have been under the certificate holder’s
spaschal on DSKJM0X7X2PROD with CFR

They must be turned on during air- approved maintenance program since


plane movement on the surface, for its purchase new or since the storage
each takeoff, for each landing, and container was last purged.

336

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Federal Aviation Administration, DOT § 125.219

(3) When the oxygen is stored in the (f) Portable oxygen concentrators—(1)
form of a compressed gas as defined in Acceptance criteria. A passenger may
title 49 CFR 173.115(b)— carry or operate a portable oxygen con-
(i) When owned by the certificate centrator for personal use on board an
holder, it must be maintained under its aircraft and a certificate holder may
approved maintenance program; and allow a passenger to carry or operate a
(ii) The pressure in any oxygen cyl- portable oxygen concentrator on board
inder must not exceed the rated cyl- an aircraft operated under this part
inder pressure. during all phases of flight if the port-
(4) The pilot in command must be ad- able oxygen concentrator satisfies all
vised when the equipment is on board of the requirements in this paragraph
and when it is intended to be used. (f):
(5) The equipment must be stowed, (i) Is legally marketed in the United
and each person using the equipment States in accordance with Food and
must be seated so as not to restrict ac- Drug Administration requirements in
cess to or use of any required emer- title 21 of the CFR;
gency or regular exit or of the aisle in (ii) Does not radiate radio frequency
the passenger compartment. emissions that interfere with aircraft
(b) No person may smoke or create systems;
an open flame and no certificate holder (iii) Generates a maximum oxygen
may allow any person to smoke or cre- pressure of less than 200 kPa gauge
ate an open flame within 10 feet of oxy- (29.0 psig/43.8 psia) at 20 °C (68 °F);
gen storage and dispensing equipment (iv) Does not contain any hazardous
carried under paragraph (a) of this sec- materials subject to the Hazardous Ma-
tion or a portable oxygen concentrator terials Regulations (49 CFR parts 171
carried and operated under paragraph through 180) except as provided in 49
(f) of this section. CFR 175.10 for batteries used to power
(c) No certificate holder may allow portable electronic devices and that do
any person other than a person trained not require aircraft operator approval;
in the use of medical oxygen equip- and
ment to connect or disconnect oxygen (v) Bears a label on the exterior of
bottles or any other ancillary compo- the device applied in a manner that en-
nent while any passenger is aboard the sures the label will remain affixed for
airplane. the life of the device and containing
(d) Paragraph (a)(1)(i) of this section the following certification statement
does not apply when that equipment is in red lettering: ‘‘The manufacturer of
furnished by a professional or medical this POC has determined this device
emergency service for use on board an conforms to all applicable FAA accept-
airplane in a medical emergency when ance criteria for POC carriage and use
no other practical means of transpor- on board aircraft.’’ The label require-
tation (including any other properly ments in this paragraph (f)(1)(v) do not
equipped certificate holder) is reason- apply to the following portable oxygen
ably available and the person carried concentrators approved by the FAA for
under the medical emergency is accom- use on board aircraft prior to May 24,
panied by a person trained in the use of 2016:
medical oxygen. (A) AirSep Focus;
(e) Each certificate holder who, under (B) AirSep FreeStyle;
the authority of paragraph (d) of this (C) AirSep FreeStyle 5;
section, deviates from paragraph (D) AirSep LifeStyle;
(a)(1)(i) of this section under a medical (E) Delphi RS–00400;
emergency shall, within 10 days, ex- (F) DeVilbiss Healthcare iGo;
cluding Saturdays, Sundays, and Fed- (G) Inogen One;
eral holidays, after the deviation, send (H) Inogen One G2;
to the responsible Flight Standards of- (I) Inogen One G3;
fice charged with the overall inspec- (J) Inova Labs LifeChoice;
tion of the certificate holder a com- (K) Inova Labs LifeChoice Activox;
spaschal on DSKJM0X7X2PROD with CFR

plete report of the operation involved, (L) International Biophysics


including a description of the deviation LifeChoice;
and the reasons for it. (M) Invacare Solo2;

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§ 125.221 14 CFR Ch. I (1–1–21 Edition)

(N) Invacare XPO2; may take off an airplane any time con-
(O) Oxlife Independence Oxygen Con- ditions are such that frost, ice, or snow
centrator; may reasonably be expected to adhere
(P) Oxus RS–00400; to the airplane unless the pilot has
(Q) Precision Medical EasyPulse; completed the testing required under
(R) Respironics EverGo; § 125.287(a)(9) and unless one of the fol-
(S) Respironics SimplyGo; lowing requirements is met:
(T) SeQual Eclipse; (1) A pretakeoff contamination
(U) SeQual eQuinox Oxygen System check, that has been established by the
(model 4000); certificate holder and approved by the
(V) SeQual Oxywell Oxygen System Administrator for the specific airplane
(model 4000); type, has been completed within 5 min-
(W) SeQual SAROS; and utes prior to beginning takeoff. A pre-
(X) VBox Trooper Oxygen Concen- takeoff contamination check is a check
trator. to make sure the wings and control
(2) Operating requirements. Portable surfaces are free of frost, ice, or snow.
oxygen concentrators that satisfy the (2) The certificate holder has an ap-
acceptance criteria identified in para- proved alternative procedure and under
graph (f)(1) of this section may be car- that procedure the airplane is deter-
ried or used by a passenger on an air- mined to be free of frost, ice, or snow.
craft provided the aircraft operator en- (3) The certificate holder has an ap-
sures that all of the conditions in this proved deicing/anti-icing program that
paragraph (f)(2) are satisfied: complies with § 121.629(c) of this chap-
(i) Exit seats. No person operating a ter and the takeoff complies with that
portable oxygen concentrator is per- program.
mitted to occupy an exit seat. (c) No pilot may fly under IFR into
(ii) Stowage of device. During move- known or forecast light or moderate
ment on the surface, takeoff and land- icing conditions, or under VFR into
ing, the device must be stowed under known light or moderate icing condi-
the seat in front of the user, or in an- tions, unless—
other approved stowage location so (1) The aircraft has functioning deic-
that it does not block the aisle way or ing or anti-icing equipment protecting
the entryway to the row. If the device each propeller, windshield, wing, stabi-
is to be operated by the user, it must lizing or control surface, and each air-
be operated only at a seat location that speed, altimeter, rate of climb, or
does not restrict any passenger’s access flight attitude instrument system;
to, or use of, any required emergency (2) The airplane has ice protection
or regular exit, or the aisle(s) in the provisions that meet appendix C of this
passenger compartment. part; or
(3) The airplane meets transport cat-
[Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Docket FAA–2014–0554, Amdt. egory airplane type certification provi-
125–65, 81 FR 33119, May 24, 2016; Docket sions, including the requirements for
FAA–2018–0119, Amdt. 125–68, 83 FR 9173, Mar. certification for flight in icing condi-
5, 2018] tions.
(d) Except for an airplane that has
§ 125.221 Icing conditions: Operating ice protection provisions that meet ap-
limitations. pendix C of this part or those for trans-
(a) No pilot may take off an airplane port category airplane type certifi-
that has frost, ice, or snow adhering to cation, no pilot may fly an airplane
any propeller, windshield, stabilizing into known or forecast severe icing
or control surface; to a powerplant in- conditions.
stallation; or to an airspeed, altimeter, (e) If current weather reports and
rate of climb, flight attitude instru- briefing information relied upon by the
ment system, or wing, except that pilot in command indicate that the
takeoffs may be made with frost under forecast icing condition that would
the wing in the area of the fuel tanks otherwise prohibit the flight will not
spaschal on DSKJM0X7X2PROD with CFR

if authorized by the FAA. be encountered during the flight be-


(b) No certificate holder may author- cause of changed weather conditions
ize an airplane to take off and no pilot since the forecast, the restrictions in

338

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Federal Aviation Administration, DOT § 125.225

paragraphs (b) and (c) of this section COLLISION AVOIDANCE SYSTEMS


based on forecast conditions do not
If you operate any Then you must operate that airplane
apply. . . . with:

[45 FR 67235, Oct. 9, 1980, as amended by (a) Turbine-powered (1) An appropriate class of Mode S
Amdt. 125–18, 58 FR 69629, Dec. 30, 1993; Amdt. airplane of more transponder that meets Technical
125–58, 74 FR 62696, Dec. 1, 2009] than 33,000 Standard Order (TSO) C–112, or a
pounds maximum later version, and one of the fol-
certificated take- lowing approved units:
§ 125.223 Airborne weather radar off weight. (i) TCAS II that meets TSO C–119b
equipment requirements. (version 7.0), or a later version.
(ii) TCAS II that meets TSO C–119a
(a) No person may operate an air- (version 6.04A Enhanced) that was
plane governed by this part in pas- installed in that airplane before May
senger-carrying operations unless ap- 1, 2003. If that TCAS II version
6.04A Enhanced no longer can be
proved airborne weather radar equip- repaired to TSO C–119a standards,
ment is installed in the airplane. it must be replaced with a TCAS II
(b) No person may begin a flight that meets TSO C–119b (version
7.0), or a later version.
under IFR or night VFR conditions (iii) A collision avoidance system equiv-
when current weather reports indicate alent to TSO C–119b (version 7.0),
that thunderstorms, or other poten- or a later version, capable of coordi-
nating with units that meet TSO C–
tially hazardous weather conditions 119a (version 6.04A Enhanced), or a
that can be detected with airborne later version.
weather radar equipment, may reason- (b) Piston-powered (1) TCAS I that meets TSO C–118, or
airplane of more a later version, or
ably be expected along the route to be than 33,000 (2) A collision avoidance system equiv-
flown, unless the airborne weather pounds maximum alent to TSO C–118, or a later
radar equipment required by paragraph certificated take- version, or
off weight. (1)(3) A collision avoidance system and
(a) of this section is in satisfactory op- Mode S transponder that meet para-
erating condition. graph (a)(1) of this section.
(c) If the airborne weather radar
equipment becomes inoperative en [Doc. No. FAA–2001–10910, 68 FR 15903, Apr. 1,
route, the airplane must be operated 2003]
under the instructions and procedures
specified for that event in the manual § 125.225 Flight data recorders.
required by § 125.71. (a) Except as provided in paragraph
(d) This section does not apply to air- (d) of this section, after October 11,
planes used solely within the State of 1991, no person may operate a large air-
Hawaii, within the State of Alaska, plane type certificated before October
within that part of Canada west of lon- 1, 1969, for operations above 25,000 feet
gitude 130 degrees W, between latitude altitude, nor a multiengine, turbine
70 degrees N, and latitude 53 degrees N, powered airplane type certificated be-
or during any training, test, or ferry fore October 1, 1969, unless it is
flight. equipped with one or more approved
flight recorders that utilize a digital
(e) Without regard to any other pro-
method of recording and storing data
vision of this part, an alternate elec- and a method of readily retrieving that
trical power supply is not required for data from the storage medium. The fol-
airborne weather radar equipment. lowing information must be able to be
determined within the ranges, accura-
§ 125.224 Collision avoidance system.
cies, resolution, and recording inter-
Effective January 1, 2005, any air- vals specified in appendix D of this
plane you operate under this part 125 part:
must be equipped and operated accord- (1) Time;
ing to the following table: (2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
spaschal on DSKJM0X7X2PROD with CFR

(6) Time of each radio transmission


to or from air traffic control;
(7) Pitch attitude;

339

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§ 125.225 14 CFR Ch. I (1–1–21 Edition)

(8) Roll attitude; the ranges, accuracies, resolutions, and


(9) Longitudinal acceleration; sampling intervals specified.
(10) Control column or pitch control (d) No person may operate under this
surface position; and part an airplane that is manufactured
(11) Thrust of each engine. after October 11, 1991, unless it is
(b) Except as provided in paragraph equipped with one or more approved
(d) of this section, after October 11, flight recorders that utilize a digital
1991, no person may operate a large air- method of recording and storing data
plane type certificated after September and a method of readily retrieving that
30, 1969, for operations above 25,000 feet data from the storage medium. The pa-
altitude, nor a multiengine, turbine rameters specified in appendix D of
powered airplane type certificated this part must be recorded within the
after September 30, 1969, unless it is ranges, accuracies, resolutions and
equipped with one or more approved sampling intervals specified. For the
flight recorders that utilize a digital purpose of this section, ‘‘manufac-
method of recording and storing data tured’’ means the point in time at
and a method of readily retrieving that which the airplane inspection accept-
data from the storage medium. The fol- ance records reflect that the airplane is
lowing information must be able to be complete and meets the FAA-approved
determined within the ranges, accura- type design data.
cies, resolutions, and recording inter- (e) Whenever a flight recorder re-
vals specified in appendix D of this quired by this section is installed, it
part:
must be operated continuously from
(1) Time;
the instant the airplane begins the
(2) Altitude;
takeoff roll until it has completed the
(3) Airspeed;
landing roll at an airport.
(4) Vertical acceleration;
(5) Heading; (f) Except as provided in paragraph
(6) Time of each radio transmission (g) of this section, and except for re-
either to or from air traffic control; corded data erased as authorized in
(7) Pitch attitude; this paragraph, each certificate holder
(8) Roll attitude; shall keep the recorded data prescribed
(9) Longitudinal acceleration; in paragraph (a), (b), (c), or (d) of this
(10) Pitch trim position; section, as applicable, until the air-
(11) Control column or pitch control plane has been operated for at least 25
surface position; hours of the operating time specified in
(12) Control wheel or lateral control § 125.227(a) of this chapter. A total of 1
surface position; hour of recorded data may be erased for
(13) Rudder pedal or yaw control sur- the purpose of testing the flight re-
face position; corder or the flight recorder system.
(14) Thrust of each engine; Any erasure made in accordance with
(15) Position of each trust reverser; this paragraph must be of the oldest re-
(16) Trailing edge flap or cockpit flap corded data accumulated at the time of
control position; and testing. Except as provided in para-
(17) Leading edge flap or cockpit flap graph (g) of this section, no record need
control position. be kept more than 60 days.
(c) After October 11, 1991, no person (g) In the event of an accident or oc-
may operate a large airplane equipped currence that requires immediate noti-
with a digital data bus and ARINC 717 fication of the National Transportation
digital flight data acquisition unit Safety Board under 49 CFR part 830 and
(DFDAU) or equivalent unless it is that results in termination of the
equipped with one or more approved flight, the certificate holder shall re-
flight recorders that utilize a digital move the recording media from the air-
method of recording and storing data plane and keep the recorded data re-
and a method of readily retrieving that quired by paragraph (a), (b), (c), or (d)
data from the storage medium. Any pa- of this section, as applicable, for at
spaschal on DSKJM0X7X2PROD with CFR

rameters specified in appendix D of least 60 days or for a longer period


this part that are available on the dig- upon the request of the Board or the
ital data bus must be recorded within Administrator.

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Federal Aviation Administration, DOT § 125.226

(h) Each flight recorder required by (4) Heading—primary flight crew ref-
this section must be installed in ac- erence (if selectable, record discrete,
cordance with the requirements of true or magnetic);
§ 25.1459 of this chapter in effect on Au- (5) Normal acceleration (Vertical);
gust 31, 1977. The correlation required (6) Pitch attitude;
by § 25.1459(c) of this chapter need be (7) Roll attitude;
established only on one airplane of any (8) Manual radio transmitter keying,
group of airplanes. or CVR/DFDR synchronization ref-
(1) That are of the same type; erence;
(2) On which the flight recorder mod- (9) Thrust/power of each engine—pri-
els and their installations are the mary flight crew reference;
same; and (10) Autopilot engagement status;
(3) On which there are no differences (11) Longitudinal acceleration;
in the type design with respect to the (12) Pitch control input;
installation of the first pilot’s instru- (13) Lateral control input;
ments associated with the flight re- (14) Rudder pedal input;
corder. The most recent instrument (15) Primary pitch control surface po-
calibration, including the recording sition;
medium from which this calibration is (16) Primary lateral control surface
derived, and the recorder correlation position;
must be retained by the certificate (17) Primary yaw control surface po-
holder. sition;
(i) Each flight recorder required by (18) Lateral acceleration;
this section that records the data spec- (19) Pitch trim surface position or pa-
ified in paragraphs (a), (b), (c), or (d) of rameters of paragraph (a)(82) of this
this section must have an approved de- section if currently recorded;
vice to assist in locating that recorder (20) Trailing edge flap or cockpit flap
under water. control selection (except when param-
(j) After August 20, 2001, this section eters of paragraph (a)(85) of this sec-
applies only to the airplane models tion apply);
listed in § 125.226(l)(2). All other air- (21) Leading edge flap or cockpit flap
planes must comply with the require- control selection (except when param-
ments of § 125.226. eters of paragraph (a)(86) of this sec-
tion apply);
[Doc. No. 25530, 53 FR 26148, July 11, 1988; 53 (22) Each Thrust reverser position (or
FR 30906, Aug. 16, 1988; Amdt. 125–54, 73 FR equivalent for propeller airplane);
12568, Mar. 7, 2008] (23) Ground spoiler position or speed
brake selection (except when param-
§ 125.226 Digital flight data recorders.
eters of paragraph (a)(87) of this sec-
(a) Except as provided in paragraph tion apply);
(l) of this section, no person may oper- (24) Outside or total air temperature;
ate under this part a turbine-engine- (25) Automatic Flight Control Sys-
powered transport category airplane tem (AFCS) modes and engagement
unless it is equipped with one or more status, including autothrottle;
approved flight recorders that use a (26) Radio altitude (when an informa-
digital method of recording and storing tion source is installed);
data and a method of readily retrieving (27) Localizer deviation, MLS Azi-
that data from the storage medium. muth;
The operational parameters required to (28) Glideslope deviation, MLS Ele-
be recorded by digital flight data re- vation;
corders required by this section are as (29) Marker beacon passage;
follows: the phrase ‘‘when an informa- (30) Master warning;
tion source is installed’’ following a pa- (31) Air/ground sensor (primary air-
rameter indicates that recording of plane system reference nose or main
that parameter is not intended to re- gear);
quire a change in installed equipment: (32) Angle of attack (when informa-
spaschal on DSKJM0X7X2PROD with CFR

(1) Time; tion source is installed);


(2) Pressure altitude; (33) Hydraulic pressure low (each sys-
(3) Indicated airspeed; tem);

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§ 125.226 14 CFR Ch. I (1–1–21 Edition)

(34) Ground speed (when an informa- (63) Engine warning each engine over
tion source is installed); temp. (when an information source is
(35) Ground proximity warning sys- installed);
tem; (64) Engine warning each engine oil
(36) Landing gear position or landing pressure low (when an information
gear cockpit control selection; source is installed);
(37) Drift angle (when an information (65) Engine warning each engine over
source is installed); speed (when an information source is
(38) Wind speed and direction (when installed);
an information source is installed); (66) Yaw trim surface position;
(39) Latitude and longitude (when an (67) Roll trim surface position;
information source is installed); (68) Brake pressure (selected system);
(69) Brake pedal application (left and
(40) Stick shaker/pusher (when an in-
right);
formation source is installed);
(70) Yaw of sideslip angle (when an
(41) Windshear (when an information
information source is installed);
source is installed);
(71) Engine bleed valve position
(42) Throttle/power lever position; (when an information source is in-
(43) Additional engine parameters (as stalled);
designed in appendix E of this part); (72) De-icing or anti-icing system se-
(44) Traffic alert and collision avoid- lection (when an information source is
ance system; installed);
(45) DME 1 and 2 distances; (73) Computed center of gravity
(46) Nav 1 and 2 selected frequency; (when an information source is in-
(47) Selected barometric setting stalled);
(when an information source is in- (74) AC electrical bus status;
stalled); (75) DC electrical bus status;
(48) Selected altitude (when an infor- (76) APU bleed valve position (when
mation source is installed); an information source is installed);
(49) Selected speed (when an informa- (77) Hydraulic pressure (each sys-
tion source is installed); tem);
(50) Selected mach (when an informa- (78) Loss of cabin pressure;
tion source is installed); (79) Computer failure;
(51) Selected vertical speed (when an (80) Heads-up display (when an infor-
information source is installed); mation source is installed);
(52) Selected heading (when an infor- (81) Para-visual display (when an in-
mation source is installed); formation source is installed);
(53) Selected flight path (when an in- (82) Cockpit trim control input posi-
formation source is installed); tion-pitch;
(83) Cockpit trim control input posi-
(54) Selected decision height (when
tion—roll;
an information source is installed);
(84) Cockpit trim control input posi-
(55) EFIS display format;
tion—yaw;
(56) Multi-function/engine/alerts dis- (85) Trailing edge flap and cockpit
play format; flap control position;
(57) Thrust command (when an infor- (86) Leading edge flap and cockpit
mation source is installed); flap control position;
(58) Thrust target (when an informa- (87) Ground spoiler position and speed
tion source is installed); brake selection;
(59) Fuel quantity in CG trim tank (88) All cockpit flight control input
(when an information source is in- forces (control wheel, control column,
stalled); rudder pedal);
(60) Primary Navigation System Ref- (89) Yaw damper status;
erence; (90) Yaw damper command; and
(61) Icing (when an information (91) Standby rudder valve status.
source is installed); (b) For all turbine-engine powered
spaschal on DSKJM0X7X2PROD with CFR

(62) Engine warning each engine vi- transport category airplanes manufac-
bration (when an information source is tured on or before October 11, 1991, by
installed); August 20, 2001—

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Federal Aviation Administration, DOT § 125.226

(1) For airplanes not equipped as of are connected to the recording system
July 16, 1996, with a flight data acquisi- must be recorded within the ranges, ac-
tion unit (FDAU), the parameters list- curacies, resolutions, and sampling in-
ed in paragraphs (a)(1) through (a)(18) tervals specified in Appendix E of this
of this section must be recorded within part by August 20, 2001.
the ranges and accuracies specified in (3) That were subject to § 125.225(e) of
Appendix D of this part, and— this part, all conditions of § 125.225(c)
(i) For airplanes with more than two must continue to be met until compli-
engines, the parameter described in ance with paragraph (c)(1) of this sec-
paragraph (a)(18) is not required unless tion is accomplished.
sufficient capacity is available on the (d) For all turbine-engine-powered
existing recorder to record that param- transport category airplanes that were
eter. manufactured after October 11, 1991—
(ii) Parameters listed in paragraphs (1) The parameters listed in para-
(a)(12) through (a)(17) each may be re- graphs (a)(1) through (a)(34) of this sec-
corded from a single source. tion must be recorded within the
(2) For airplanes that were equipped ranges, accuracies, resolutions, and re-
as of July 16, 1996, with a flight data cording intervals specified in Appendix
acquisition unit (FDAU), the param- E of this part by August 20, 2001.
eters listed in paragraphs (a)(1) Paramaters listed in paragraphs (a)(12)
through (a)(22) of this section must be
through (a)(14) each may be recorded
recorded within the ranges, accuracies,
from a single source.
and recording intervals specified in Ap-
(2) Commensurate with the capacity
pendix E of this part. Parameters listed
of the recording system, all additional
in paragraphs (a)(12) through (a)(17)
parameters for which information
each may be recorded from a single
sources are installed and which are
source.
connected to the recording system,
(3) The approved flight recorder re-
must be recorded within the ranges, ac-
quired by this section must be installed
curacies, resolutions, and sampling in-
at the earliest time practicable, but no
tervals specified in Appendix E of this
later than the next heavy maintenance
part by August 20, 2001.
check after August 18, 1999 and no later
than August 20, 2001. A heavy mainte- (e) For all turbine-engine-powered
nance check is considered to be any transport category airplanes that are
time an airplane is scheduled to be out manufactured after August 18, 2000—
of service for 4 or more days and is (1) The parameters listed in para-
scheduled to include access to major graph (a) (1) through (57) of this section
structural components. must be recorded within the ranges, ac-
(c) For all turbine-engine-powered curacies, resolutions, and recording in-
transport category airplanes manufac- tervals specified in Appendix E of this
tured on or before October 11, 1991— part.
(1) That were equipped as of July 16, (2) Commensurate with the capacity
1996, with one or more digital data of the recording system, all additional
bus(es) and an ARINC 717 digital flight parameters for which information
data acquisition unit (DFDAU) or sources are installed and which are
equivalent, the parameters specified in connected to the recording system,
paragraphs (a)(1) through (a)(22) of this must be recorded within the ranges, ac-
section must be recorded within the curacies, resolutions, and sampling in-
ranges, accuracies, resolutions, and tervals specified in Appendix E of this
sampling intervals specified in Appen- part.
dix E of this part by August 20, 2001. (3) In addition to the requirements of
Parameters listed in paragraphs (a)(12) paragraphs (e)(1) and (e)(2) of this sec-
through (a)(14) each may be recorded tion, all Boeing 737 model airplanes
from a single source. must also comply with the require-
(2) Commensurate with the capacity ments of paragraph (n) of this section,
of the recording system (DFDAU or as applicable.
spaschal on DSKJM0X7X2PROD with CFR

equivalent and the DFDR), all addi- (f) For all turbine-engine-powered
tional parameters for which informa- transport category airplanes manufac-
tion sources are installed and which tured after August 19, 2002—

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§ 125.226 14 CFR Ch. I (1–1–21 Edition)

(1) The parameters listed in para- rately establish the conversion from
graphs (a)(1) through (a)(88) of this sec- the recorded values to engineering
tion must be recorded within the units or discrete state over the full op-
ranges, accuracies, resolutions, and re- erating range of the parameter. Except
cording intervals specified in Appendix for airplanes having separate altitude
E to this part. and airspeed sensors that are an inte-
(2) In addition to the requirements of gral part of the flight data recorder
paragraphs (f)(1) of this section, all system, a single correlation may be es-
Boeing 737 model airplanes must also tablished for any group of airplanes—
comply with the requirements of para- (1) That are of the same type;
graph (n) of this section. (2) On which the flight recorder sys-
(g) Whenever a flight data recorder tem and its installation are the same;
required by this section is installed, it and
must be operated continuously from (3) On which there is no difference in
the instant the airplane begins its the type design with respect to the in-
takeoff roll until it has completed its stallation of those sensors associated
landing roll. with the flight data recorder system.
(h) Except as provided in paragraph Documentation sufficient to convert
(i) of this section, and except for re- recorded data into the engineering
corded data erased as authorized in units and discrete values specified in
this paragraph, each certificate holder
the applicable appendix must be main-
shall keep the recorded data prescribed
tained by the certificate holder.
by this section, as appropriate, until
(k) Each flight data recorder required
the airplane has been operated for at
least 25 hours of the operating time by this section must have an approved
specified in § 121.359(a) of this part. A device to assist in locating that re-
total of 1 hour of recorded data may be corder under water.
erased for the purpose of testing the (l) The following airplanes that were
flight recorder or the flight recorder manufactured before August 18, 1997
system. Any erasure made in accord- need not comply with this section, but
ance with this paragraph must be of must continue to comply with applica-
the oldest recorded data accumulated ble paragraphs of § 125.225 of this chap-
at the time of testing. Except as pro- ter, as appropriate:
vided in paragraph (i) of this section, (1) Airplanes that meet the Stage 2
no record need to be kept more than 60 noise levels of part 36 of this chapter
days. and are subject to § 91.801(c) of this
(i) In the event of an accident or oc- chapter, until January 1, 2000. On and
currence that requires immediate noti- after January 1, 2000, any Stage 2 air-
fication of the National Transportation plane otherwise allowed to be operated
Safety Board under 49 CFR 830 of its under Part 91 of this chapter must
regulations and that results in termi- comply with the applicable flight data
nation of the flight, the certificate recorder requirements of this section
holder shall remove the recorder from for that airplane.
the airplane and keep the recorder data (2) British Aerospace 1–11, General
prescribed by this section, as appro- Dynamics Convair 580, General Dynam-
priate, for at least 60 days or for a ics Convair 600, General Dynamics
longer period upon the request of the Convair 640, deHavilland Aircraft Com-
Board or the Administrator. pany Ltd. DHC–7, Fairchild Industries
(j) Each flight data recorder system FH 227, Fokker F–27 (except Mark 50),
required by this section must be in- F–28 Mark 1000 and Mark 4000, Gulf-
stalled in accordance with the require- stream Aerospace G–159, Jetstream 4100
ments of § 25.1459(a) (except paragraphs Series, Lockheed Aircraft Corporation
(a)(3)(ii) and (7)), (b), (d) and (e) of this Electra 10–A, Lockheed Aircraft Cor-
chapter. A correlation must be estab- poration Electra 10–B, Lockheed Air-
lished between the values recorded by craft Corporation Electra 10–E, Lock-
the flight data recorder and the cor- heed Aircraft Corporation Electra L–
spaschal on DSKJM0X7X2PROD with CFR

responding values being measured. The 188, Lockheed Martin Model 382 (L–100)
correlation must contain a sufficient Hercules, Maryland Air Industries, Inc.
number of correlation points to accu- F27, Mitsubishi Heavy Industries, Ltd.

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Federal Aviation Administration, DOT § 125.227

YS–11, Short Bros. Limited SD3–30, (1) The requirements of part 25 of this
Short Bros. Limited SD3–60. chapter in effect after October 11, 1991.
(m) All aircraft subject to the re- (2) After September 1, 1980, each re-
quirements of this section that are corder container must—
manufactured on or after April 7, 2010, (i) Be either bright orange or bright
must have a flight data recorder in- yellow;
stalled that also— (ii) Have reflective tape affixed to the
(1) Meets the requirements in external surface to facilitate its loca-
§ 25.1459(a)(3), (a)(7), and (a)(8) of this tion under water; and
chapter; and (iii) Have an approved underwater lo-
(2) Retains the 25 hours of recorded cating device on or adjacent to the con-
information required in paragraph (f) tainer which is secured in such a man-
of this section using a recorder that ner that it is not likely to be separated
meets the standards of TSO–C124a, or during crash impact, unless the cockpit
later revision. voice recorder and the flight recorder,
(n) In addition to all other applicable required by § 125.225 of this chapter, are
requirements of this section, all Boeing installed adjacent to each other in such
737 model airplanes manufactured after a manner that they are not likely to be
August 18, 2000 must record the param- separated during crash impact.
eters listed in paragraphs (a)(88) (d) In complying with this section, an
through (a)(91) of this section within approved cockpit voice recorder having
the ranges, accuracies, resolutions, and an erasure feature may be used so that,
recording intervals specified in Appen- at any time during the operation of the
dix E to this part. Compliance with recorder, information recorded more
this paragraph is required no later than 30 minutes earlier may be erased
than February 2, 2011. or otherwise obliterated.
[Doc. No. 28109, 62 FR 38387, July 17, 1997; 62 (e) For those aircraft equipped to
FR 48135, Sept. 12, 1997, as amended by Amdt. record the uninterrupted audio signals
125–42, 68 FR 42937, July 18, 2003; 68 FR 50069, received by a boom or a mask micro-
Aug. 20, 2003; Amdt. 125–54, 73 FR 12568, Mar. phone the flight crewmembers are re-
7, 2008; Amdt. 125–56, 73 FR 73179, Dec. 2, 2008; quired to use the boom microphone
Amdt. 125–54, 74 FR 32801, 32804, July 9, 2009] below 18,000 feet mean sea level. No
person may operate a large turbine en-
§ 125.227 Cockpit voice recorders. gine powered airplane or a large pres-
(a) No certificate holder may operate surized airplane with four recipro-
a large turbine engine powered airplane cating engines manufactured after Oc-
or a large pressurized airplane with tober 11, 1991, or on which a cockpit
four reciprocating engines unless an voice recorder has been installed after
approved cockpit voice recorder is in- October 11, 1991, unless it is equipped to
stalled in that airplane and is operated record the uninterrupted audio signal
continuously from the start of the use received by a boom or mask micro-
of the checklist (before starting en- phone in accordance with § 25.1457(c)(5)
gines for the purpose of flight) to com- of this chapter.
pletion of the final checklist at the ter- (f) In the event of an accident or oc-
mination of the flight. currence requiring immediate notifica-
(b) Each certificate holder shall es- tion of the National Transportation
tablish a schedule for completion, be- Safety Board under 49 CFR part 830 of
fore the prescribed dates, of the cock- its regulations, which results in the
pit voice recorder installations re- termination of the flight, the certifi-
quired by paragraph (a) of this section. cate holder shall keep the recorded in-
In addition, the certificate holder shall formation for at least 60 days or, if re-
identify any airplane specified in para- quested by the Administrator or the
graph (a) of this section he intends to Board, for a longer period. Information
discontinue using before the prescribed obtained from the record is used to as-
dates. sist in determining the cause of acci-
spaschal on DSKJM0X7X2PROD with CFR

(c) The cockpit voice recorder re- dents or occurrences in connection


quired by this section must also meet with investigations under 49 CFR part
the following standards: 830. The Administrator does not use the

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§ 125.228 14 CFR Ch. I (1–1–21 Edition)

record in any civil penalty or certifi- changed in any way, other than
cate action. changes necessary to:
(g) By April 7, 2012, all turbine en- (1) Accomplish analog to digital con-
gine-powered airplanes subject to this version of the signal;
section that are manufactured before (2) Format a digital signal to be
April 7, 2010, must have a cockpit voice DFDR compatible; or
recorder installed that also— (3) Eliminate a high frequency com-
(1) Meets the requirements of ponent of a signal that is outside the
§ 25.1457(a)(3), (a)(4), (a)(5), and (d)(6) of operational bandwidth of the sensor.
this chapter; (b) An original sensor signal for any
(2) Retains at least the last 2 hours of flight recorder parameter required to
recorded information using a recorder be recorded under § 125.226 may be fil-
that meets the standards of TSO–C123a, tered only if the recorded signal value
or later revision; and continues to meet the requirements of
(3) Is operated continuously from the Appendix D or E of this part, as appli-
start of the use of the checklist (before cable.
starting the engines for the purpose of (c) For a parameter described in
flight), to the completion of the final § 125.226(a) (12) through (17), (42), or (88),
checklist at the termination of the or the corresponding parameter in Ap-
flight. pendix D of this part, if the recorded
(h) All turbine engine-powered air- signal value is filtered and does not
planes subject to this section that are meet the requirements of Appendix D
manufactured on or after April 7, 2010, or E of this part, as applicable, the cer-
must have a cockpit voice recorder in- tificate holder must:
stalled that also— (1) Remove the filtering and ensure
(1) Is installed in accordance with the that the recorded signal value meets
requirements of § 25.1457 (except for the requirements of Appendix D or E of
paragraph (a)(6)) of this chapter; this part, as applicable; or
(2) Retains at least the last 2 hours of (2) Demonstrate by test and analysis
recorded information using a recorder that the original sensor signal value
that meets the standards of TSO–C123a, can be reconstructed from the recorded
or later revision; and data. This demonstration requires
(3) Is operated continuously from the that:
start of the use of the checklist (before (i) The FAA determine that the pro-
starting the engines for the purpose of cedure and the test results submitted
flight), to the completion of the final by the certificate holder as its compli-
checklist at the termination of the ance with paragraph (c)(2) of this sec-
flight. tion are repeatable; and
(4) For all airplanes manufactured on (ii) The certificate holder maintains
or after December 6, 2010, also meets documentation of the procedure re-
the requirements of § 25.1457(a)(6) of quired to reconstruct the original sen-
this chapter. sor signal value. This documentation is
(i) All airplanes required by this part also subject to the requirements of
to have a cockpit voice recorder and a § 125.226(i).
flight data recorder, that install (d) Compliance. Compliance is re-
datalink communication equipment on quired as follows:
or after December 6, 2010, must record (1) No later than October 20, 2011,
all datalink messages as required by each operator must determine, for each
the certification rule applicable to the airplane it operates, whether the air-
airplane. plane’s DFDR system is filtering any of
[Doc. No. 25530, 53 FR 26149, July 11, 1988, as the parameters listed in paragraph (c)
amended by Amdt. 125–54, 73 FR 12568, Mar. 7, of this section. The operator must cre-
2008; Amdt. 125–54, 74 FR 32801, July 9, 2009; ate a record of this determination for
Amdt. 125–60, 75 FR 17046; Apr. 5, 2010] each airplane it operates, and maintain
it as part of the correlation docu-
§ 125.228 Flight data recorders: fil- mentation required by § 125.226(j)(3) of
spaschal on DSKJM0X7X2PROD with CFR

tered data. this part.


(a) A flight data signal is filtered (2) For airplanes that are not fil-
when an original sensor signal has been tering any listed parameter, no further

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Federal Aviation Administration, DOT § 125.247

action is required unless the airplane’s (3) The scheduling and performance
DFDR system is modified in a manner of inspections required by this part;
that would cause it to meet the defini- and
tion of filtering on any listed param- (4) Ensuring that maintenance per-
eter. sonnel make entries in the airplane
(3) For airplanes found to be filtering maintenance log and maintenance
a parameter listed in paragraph (c) of records which meet the requirements
this section, the operator must either: of part 43 of this chapter and the cer-
(i) No later than April 21, 2014, re- tificate holder’s manual, and which in-
move the filtering; or dicate that the airplane has been ap-
(ii) No later than April 22, 2013, sub- proved for return to service after main-
mit the necessary procedure and test tenance, preventive maintenance, or
results required by paragraph (c)(2) of alteration has been performed.
this section.
(4) After April 21, 2014, no aircraft § 125.245 Organization required to per-
form maintenance, preventive
flight data recording system may filter maintenance, and alteration.
any parameter listed in paragraph (c)
of this section that does not meet the The certificate holder must ensure
requirements of Appendix D or E of that each person with whom it ar-
this part, unless the certificate holder ranges for the performance of mainte-
possesses test and analysis procedures nance, preventive maintenance, alter-
and the test results that have been ap- ation, or required inspection items
proved by the FAA. All records of identified in the certificate holder’s
tests, analysis and procedures used to manual in accordance with
comply with this section must be § 125.249(a)(3)(ii) must have an organiza-
maintained as part of the correlation tion adequate to perform that work.
documentation required by
§ 125.226(j)(3) of this part. § 125.247 Inspection programs and
maintenance.
[Doc. No. FAA–2006–26135, 75 FR 7356, Feb. 19,
(a) No person may operate an air-
2010]
plane subject to this part unless
(1) The replacement times for life-
Subpart G—Maintenance limited parts specified in the aircraft
type certificate data sheets, or other
§ 125.241 Applicability. documents approved by the Adminis-
This subpart prescribes rules, in addi- trator, are complied with;
tion to those prescribed in other parts (2) Defects disclosed between inspec-
of this chapter, for the maintenance of tions, or as a result of inspection, have
airplanes, airframes, aircraft engines, been corrected in accordance with part
propellers, appliances, each item of 43 of this chapter; and
survival and emergency equipment, (3) The airplane, including airframe,
and their component parts operated aircraft engines, propellers, appliances,
under this part. and survival and emergency equip-
ment, and their component parts, is in-
§ 125.243 Certificate holder’s respon- spected in accordance with an inspec-
sibilities. tion program approved by the Adminis-
(a) With regard to airplanes, includ- trator.
ing airframes, aircraft engines, propel- (b) The inspection program specified
lers, appliances, and survival and emer- in paragraph (a)(3) of this section must
gency equipment, operated by a certifi- include at least the following:
cate holder, that certificate holder is (1) Instructions, procedures, and
primarily responsible for— standards for the conduct of inspec-
(1) Airworthiness; tions for the particular make and
(2) The performance of maintenance, model of airplane, including necessary
preventive maintenance, and alter- tests and checks. The instructions and
spaschal on DSKJM0X7X2PROD with CFR

ation in accordance with applicable procedures must set forth in detail the
regulations and the certificate holder’s parts and areas of the airframe, air-
manual; craft engines, propellers, appliances,

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§ 125.248 14 CFR Ch. I (1–1–21 Edition)

and survival and emergency equipment part. The list shall include the persons’
required to be inspected. names and addresses.
(2) A schedule for the performance of (3) The inspection programs required
inspections that must be performed by § 125.247 of this part to be followed in
under the program, expressed in terms the performance of inspections under
of the time in service, calendar time, this part including—
number of system operations, or any (i) The method of performing routine
combination of these. and nonroutine inspections (other than
(c) No person may be used to perform required inspections);
the inspections required by this part (ii) The designation of the items that
unless that person is authorized to per- must be inspected (required inspec-
form maintenance under part 43 of this tions), including at least those which if
chapter. improperly accomplished could result
(d) No person may operate an air- in a failure, malfunction, or defect en-
plane subject to this part unless— dangering the safe operation of the air-
(1) The installed engines have been plane;
maintained in accordance with the (iii) The method of performing re-
overhaul periods recommended by the quired inspections;
manufacturer or a program approved (iv) Procedures for the inspection of
by the Administrator; and work performed under previously re-
(2) The engine overhaul periods are quired inspection findings (‘‘buy-back
specified in the inspection programs re- procedures’’);
quired by § 125.247(a)(3). (v) Procedures, standards, and limits
(e) Inspection programs which may necessary for required inspections and
be approved for use under this part in- acceptance or rejection of the items re-
clude, but are not limited to— quired to be inspected;
(vi) Instructions to prevent any per-
(1) A continuous inspection program
son who performs any item of work
which is a part of a current continuous
from performing any required inspec-
airworthiness program approved for
tion of that work; and
use by a certificate holder under part
(vii) Procedures to ensure that work
121 or part 135 of this chapter;
interruptions do not adversely affect
(2) Inspection programs currently
required inspections and to ensure re-
recommended by the manufacturer of
quired inspections are properly com-
the airplane, aircraft engines, propel-
pleted before the airplane is released to
lers, appliances, or survival and emer-
service.
gency equipment; or
(b) In addition, each certificate hold-
(3) An inspection program developed er’s manual shall contain a suitable
by a certificate holder under this part. system which may include a coded sys-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as tem that provides for the retention of
amended by Amdt. 125–2, 46 FR 24409, Apr. 30, the following:
1981] (1) A description (or reference to data
acceptable to the Administrator) of the
§ 125.248 [Reserved] work performed.
(2) The name of the person per-
§ 125.249 Maintenance manual require- forming the work and the person’s cer-
ments.
tificate type and number.
(a) Each certificate holder’s manual (3) The name of the person approving
required by § 125.71 of this part shall the work and the person’s certificate
contain, in addition to the items re- type and number.
quired by § 125.73 of this part, at least
the following: § 125.251 Required inspection per-
(1) A description of the certificate sonnel.
holders maintenance organization, (a) No person may use any person to
when the certificate holder has such an perform required inspections unless the
organization. person performing the inspection is ap-
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(2) A list of those persons with whom propriately certificated, properly


the certificate holder has arranged for trained, qualified, and authorized to do
performance of inspections under this so.

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Federal Aviation Administration, DOT § 125.269

(b) No person may perform a required quired by the type certification re-
inspection if that person performed the quirements without a flight crew-
item of work required to be inspected. member holding a current flight engi-
neer certificate.
Subpart H—Airman and (b) No person may serve as a required
Crewmember Requirements flight engineer on an airplane unless,
within the preceding 6 calendar
§ 125.261 Airman: Limitations on use of months, that person has had at least 50
services. hours of flight time as a flight engineer
(a) No certificate holder may use any on that type airplane, or the Adminis-
person as an airman nor may any per- trator has checked that person on that
son serve as an airman unless that per- type airplane and determined that per-
son— son is familiar and competent with all
(1) Holds an appropriate current air- essential current information and oper-
man certificate issued by the FAA; ating procedures.
(2) Has any required appropriate cur-
rent airman and medical certificates in § 125.267 Flight navigator and long-
range navigation equipment.
that person’s possession while engaged
in operations under this part; and (a) No certificate holder may operate
(3) Is otherwise qualified for the oper- an airplane outside the 48
ation for which that person is to be conterminous States and the District
used. of Columbia when its position cannot
(b) Each airman covered by para- be reliably fixed for a period of more
graph (a) of this section shall present than 1 hour, without—
the certificates for inspection upon the (1) A flight crewmember who holds a
request of the Administrator. current flight navigator certificate; or
(2) Two independent, properly func-
§ 125.263 Composition of flightcrew. tioning, and approved long-range
(a) No certificate holder may operate means of navigation which enable a re-
an airplane with less than the min- liable determination to be made of the
imum flightcrew specified in the type position of the airplane by each pilot
certificate and the Airplane Flight seated at that person’s duty station.
Manual approved for that type airplane (b) Operations where a flight navi-
and required by this part for the kind gator or long-range navigation equip-
of operation being conducted. ment, or both, are required are speci-
(b) In any case in which this part re- fied in the operations specifications of
quires the performance of two or more the operator.
functions for which an airman certifi-
cate is necessary, that requirement is § 125.269 Flight attendants.
not satisfied by the performance of (a) Each certificate holder shall pro-
multiple functions at the same time by vide at least the following flight at-
one airman. tendants on each passenger-carrying
(c) On each flight requiring a flight airplane used:
engineer, at least one flight crew- (1) For airplanes having more than 19
member, other than the flight engi- but less than 51 passengers—one flight
neer, must be qualified to provide attendant.
emergency performance of the flight (2) For airplanes having more than 50
engineer’s functions for the safe com- but less than 101 passengers—two flight
pletion of the flight if the flight engi- attendants.
neer becomes ill or is otherwise inca- (3) For airplanes having more than
pacitated. A pilot need not hold a 100 passengers—two flight attendants
flight engineer’s certificate to perform plus one additional flight attendant for
the flight engineer’s functions in such each unit (or part of a unit) of 50 pas-
a situation. sengers above 100 passengers.
(b) The number of flight attendants
§ 125.265 Flight engineer require- approved under paragraphs (a) and (b)
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ments. of this section are set forth in the cer-


(a) No person may operate an air- tificate holder’s operations specifica-
plane for which a flight engineer is re- tions.

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§ 125.271 14 CFR Ch. I (1–1–21 Edition)

(c) During takeoff and landing, flight second in command of an airplane un-
attendants required by this section less that person—
shall be located as near as practicable (a) Holds at least a commercial pilot
to required floor level exits and shall certificate with appropriate category
be uniformly distributed throughout and class ratings, and an instrument
the airplane to provide the most effec- rating; and
tive egress of passengers in event of an (b) For flight under IFR, meets the
emergency evacuation. recent instrument experience require-
§ 125.271 Emergency and emergency ments prescribed for a pilot in com-
evacuation duties. mand in part 61 of this chapter.
(a) Each certificate holder shall, for § 125.285 Pilot qualifications: Recent
each type and model of airplane, assign experience.
to each category of required crew-
member, as appropriate, the necessary (a) No certificate holder may use any
functions to be performed in an emer- person, nor may any person serve, as a
gency or a situation requiring emer- required pilot flight crewmember un-
gency evacuation. The certificate hold- less within the preceding 90 calendar
er shall show those functions are real- days that person has made at least
istic, can be practically accomplished, three takeoffs and landings in the type
and will meet any reasonably antici- airplane in which that person is to
pated emergency, including the pos- serve. The takeoffs and landings re-
sible incapacitation of individual crew- quired by this paragraph may be per-
members or their inability to reach the formed in a flight simulator if the
passenger cabin because of shifting flight simulator is qualified and ap-
cargo in combination cargo-passenger proved by the Administrator for such
airplanes. purpose. However, any person who fails
(b) The certificate holder shall de- to qualify for a 90-consecutive-day pe-
scribe in its manual the functions of riod following the date of that person’s
each category of required crew- last qualification under this paragraph
members under paragraph (a) of this must reestablish recency of experience
section. as provided in paragraph (b) of this sec-
tion.
(b) A required pilot flight crew-
Subpart I—Flight Crewmember member who has not met the require-
Requirements ments of paragraph (a) of this section
§ 125.281 Pilot-in-command qualifica- may reestablish recency of experience
tions. by making at least three takeoffs and
landings under the supervision of an
No certificate holder may use any
authorized check airman, in accord-
person, nor may any person serve, as
ance with the following:
pilot in command of an airplane unless
that person— (1) At least one takeoff must be made
(a) Holds at least a commercial pilot with a simulated failure of the most
certificate, an appropriate category, critical powerplant.
class, and type rating, and an instru- (2) At least one landing must be made
ment rating; and from an ILS approach to the lowest
(b) Has had at least 1,200 hours of ILS minimums authorized for the cer-
flight time as a pilot, including 500 tificate holder.
hours of cross-country flight time, 100 (3) At least one landing must be made
hours of night flight time, including at to a complete stop.
least 10 night takeoffs and landings, (c) A required pilot flight crew-
and 75 hours of actual or simulated in- member who performs the maneuvers
strument flight time, at least 50 hours required by paragraph (b) of this sec-
of which were actual flight. tion in a qualified and approved flight
simulator, as prescribed in paragraph
§ 125.283 Second-in-command quali- (a) of this section, must—
spaschal on DSKJM0X7X2PROD with CFR

fications. (1) Have previously logged 100 hours


No certificate holder may use any of flight time in the same type airplane
person, nor may any person serve, as in which the pilot is to serve; and

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Federal Aviation Administration, DOT § 125.287

(2) Be observed on the first two land- (5) Air traffic control procedures, in-
ings made in operations under this part cluding IFR procedures when applica-
by an authorized check airman who ble;
acts as pilot in command and occupies (6) Meteorology in general, including
a pilot seat. The landings must be the principles of frontal systems, icing,
made in weather minimums that are fog, thunderstorms, and windshear,
not less than those contained in the and, if appropriate for the operation of
certificate holder’s operations speci- the certificate holder, high altitude
fications for Category I operations and weather;
must be made within 45 days following (7) Procedures for avoiding oper-
completion of simulator testing. ations in thunderstorms and hail, and
(d) An authorized check airman who for operating in turbulent air or in
observes the takeoffs and landings pre- icing conditions;
scribed in paragraphs (b) and (c)(3) of (8) New equipment, procedures, or
this section shall certify that the per- techniques, as appropriate;
son being observed is proficient and (9) Knowledge and procedures for op-
qualified to perform flight duty in op- erating during ground icing conditions,
erations under this part, and may re- (i.e., any time conditions are such that
quire any additional maneuvers that frost, ice, or snow may reasonably be
are determined necessary to make this expected to adhere to the airplane), if
certifying statement. the certificate holder expects to au-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as thorize takeoffs in ground icing condi-
amended by Amdt. 125–27, 61 FR 34561, July 2, tions, including:
1996] (i) The use of holdover times when
using deicing/anti-icing fluids.
§ 125.287 Initial and recurrent pilot (ii) Airplane deicing/anti-icing proce-
testing requirements. dures, including inspection and check
(a) No certificate holder may use any procedures and responsibilities.
person, nor may any person serve as a (iii) Communications.
pilot, unless, since the beginning of the (iv) Airplane surface contamination
12th calendar month before that serv- (i.e., adherence of frost, ice, or snow)
ice, that person has passed a written or and critical area identification, and
oral test, given by the Administrator knowledge of how contamination ad-
or an authorized check airman on that versely affects airplane performance
person’s knowledge in the following and flight characteristics.
areas— (v) Types and characteristics of deic-
(1) The appropriate provisions of ing/anti-icing fluids, if used by the cer-
parts 61, 91, and 125 of this chapter and tificate holder.
the operations specifications and the (vi) Cold weather preflight inspection
manual of the certificate holder; procedures.
(2) For each type of airplane to be (vii) Techniques for recognizing con-
flown by the pilot, the airplane power- tamination on the airplane.
plant, major components and systems, (b) No certificate holder may use any
major appliances, performance and op- person, nor may any person serve, as a
erating limitations, standard and pilot in any airplane unless, since the
emergency operating procedures, and beginning of the 12th calendar month
the contents of the approved Airplane before that service, that person has
Flight Manual or approved equivalent, passed a competency check given by
as applicable; the Administrator or an authorized
(3) For each type of airplane to be check airman in that type of airplane
flown by the pilot, the method of deter- to determine that person’s competence
mining compliance with weight and in practical skills and techniques in
balance limitations for takeoff, land- that airplane or type of airplane. The
ing, and en route operations; extent of the competency check shall
(4) Navigation and use of air naviga- be determined by the Administrator or
tion aids appropriate to the operation authorized check airman conducting
spaschal on DSKJM0X7X2PROD with CFR

of pilot authorization, including, when the competency check. The com-


applicable, instrument approach facili- petency check may include any of the
ties and procedures; maneuvers and procedures currently

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§ 125.289 14 CFR Ch. I (1–1–21 Edition)

required for the original issuance of (a) Authority of the pilot in com-
the particular pilot certificate required mand;
for the operations authorized and ap- (b) Passenger handling, including
propriate to the category, class, and procedures to be followed in handling
type of airplane involved. For the pur- deranged persons or other persons
poses of this paragraph, type, as to an whose conduct might jeopardize safety;
airplane, means any one of a group of (c) Crewmember assignments, func-
airplanes determined by the Adminis- tions, and responsibilities during ditch-
trator to have a similar means of pro- ing and evacuation of persons who may
pulsion, the same manufacturer, and need the assistance of another person
no significantly different handling or to move expeditiously to an exit in an
flight characteristics. emergency;
(c) The instrument proficiency check (d) Briefing of passengers;
required by § 125.291 may be substituted
(e) Location and operation of port-
for the competency check required by
able fire extinguishers and other items
this section for the type of airplane
of emergency equipment;
used in the check.
(d) For the purposes of this part, (f) Proper use of cabin equipment and
competent performance of a procedure controls;
or maneuver by a person to be used as (g) Location and operation of pas-
a pilot requires that the pilot be the senger oxygen equipment;
obvious master of the airplane with the (h) Location and operation of all nor-
successful outcome of the maneuver mal and emergency exits, including
never in doubt. evacuation chutes and escape ropes;
(e) The Administrator or authorized and
check airman certifies the competency (i) Seating of persons who may need
of each pilot who passes the knowledge assistance of another person to move
or flight check in the certificate hold- rapidly to an exit in an emergency as
er’s pilot records. prescribed by the certificate holder’s
(f) Portions of a required competency operations manual.
check may be given in an airplane sim-
ulator or other appropriate training de- § 125.291 Pilot in command: Instru-
vice, if approved by the Administrator. ment proficiency check require-
ments.
(g) If the certificate holder is author-
ized to conduct EFVS operations, the (a) No certificate holder may use any
competency check in paragraph (b) of person, nor may any person serve, as a
this section must include tasks appro- pilot in command of an airplane under
priate to the EFVS operations the cer- IFR unless, since the beginning of the
tificate holder is authorized to con- sixth calendar month before that serv-
duct. ice, that person has passed an instru-
ment proficiency check and the Admin-
[45 FR 67235, Oct. 9, 1980, as amended by
Amdt. 125–18, 58 FR 69629, Dec. 30, 1993; Dock-
istrator or an authorized check airman
et FAA–2013–0485, Amdt. 125–66, 81 FR 90176, has so certified in a letter of com-
Dec. 13, 2016] petency.
(b) No pilot may use any type of pre-
§ 125.289 Initial and recurrent flight cision instrument approach procedure
attendant crewmember testing re- under IFR unless, since the beginning
quirements. of the sixth calendar month before that
No certificate holder may use any use, the pilot has satisfactorily dem-
person, nor may any person serve, as a onstrated that type of approach proce-
flight attendant crewmember, unless, dure and has been issued a letter of
since the beginning of the 12th cal- competency under paragraph (g) of this
endar month before that service, the section. No pilot may use any type of
certificate holder has determined by nonprecision approach procedure under
appropriate initial and recurrent test- IFR unless, since the beginning of the
ing that the person is knowledgeable sixth calendar month before that use,
spaschal on DSKJM0X7X2PROD with CFR

and competent in the following areas the pilot has satisfactorily dem-
as appropriate to assigned duties and onstrated either that type of approach
responsibilities: procedure or any other two different

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Federal Aviation Administration, DOT § 125.295

types of nonprecision approach proce- (g) The Administrator or authorized


dures and has been issued a letter of check airman issues a letter of com-
competency under paragraph (g) of this petency to each pilot who passes the
section. The instrument approach pro- instrument proficiency check. The let-
cedure or procedures must include at ter of competency contains a list of the
least one straight-in approach, one cir- types of instrument approach proce-
cling approach, and one missed ap- dures and facilities authorized.
proach. Each type of approach proce-
dure demonstrated must be conducted § 125.293 Crewmember: Tests and
to published minimums for that proce- checks, grace provisions, accepted
dure. standards.
(c) The instrument proficiency check (a) If a crewmember who is required
required by paragraph (a) of this sec-
to take a test or a flight check under
tion consists of an oral or written
this part completes the test or flight
equipment test and a flight check
check in the calendar month before or
under simulated or actual IFR condi-
tions. The equipment test includes after the calendar month in which it is
questions on emergency procedures, en- required, that crewmember is consid-
gine operation, fuel and lubrication ered to have completed the test or
systems, power settings, stall speeds, check in the calendar month in which
best engine-out speed, propeller and su- it is required.
percharge operations, and hydraulic, (b) If a pilot being checked under this
mechanical, and electrical systems, as subpart fails any of the required ma-
appropriate. The flight check includes neuvers, the person giving the check
navigation by instruments, recovery may give additional training to the
from simulated emergencies, and pilot during the course of the check. In
standard instrument approaches in- addition to repeating the maneuvers
volving navigational facilities which failed, the person giving the check may
that pilot is to be authorized to use. require the pilot being checked to re-
(1) For a pilot in command of an air- peat any other maneuvers that are nec-
plane, the instrument proficiency essary to determine the pilot’s pro-
check must include the procedures and ficiency. If the pilot being checked is
maneuvers for a commercial pilot cer- unable to demonstrate satisfactory
tificate with an instrument rating and, performance to the person conducting
if required, for the appropriate type the check, the certificate holder may
rating.
not use the pilot, nor may the pilot
(2) The instrument proficiency check
serve, in the capacity for which the
must be given by an authorized check
airman or by the Administrator. pilot is being checked in operations
(d) If the pilot in command is as- under this part until the pilot has sat-
signed to pilot only one type of air- isfactorily completed the check.
plane, that pilot must take the instru-
§ 125.295 Check airman authorization:
ment proficiency check required by
Application and issue.
paragraph (a) of this section in that
type of airplane. Each certificate holder desiring FAA
(e) If the pilot in command is as- approval of a check airman shall sub-
signed to pilot more than one type of mit a request in writing to the respon-
airplane, that pilot must take the in- sible Flight Standards office charged
strument proficiency check required by with the overall inspection of the cer-
paragraph (a) of this section in each tificate holder. The Administrator may
type of airplane to which that pilot is issue a letter of authority to each
assigned, in rotation, but not more check airman if that airman passes the
than one flight check during each pe- appropriate oral and flight test. The
riod described in paragraph (a) of this letter of authority lists the tests and
section. checks in this part that the check air-
(f) Portions of a required flight check man is qualified to give, and the cat-
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may be given in an airplane simulator egory, class and type airplane, where
or other appropriate training device, if
approved by the Administrator.

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§ 125.296 14 CFR Ch. I (1–1–21 Edition)

appropriate, for which the check air- Subpart J—Flight Operations


man is qualified.
§ 125.311 Flight crewmembers at con-
[Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as
trols.
amended by Docket FAA–2018–0119, Amdt.
125–68, 83 FR 9173, Mar. 5, 2018] (a) Except as provided in paragraph
(b) of this section, each required flight
§ 125.296 Training, testing, and check- crewmember on flight deck duty must
ing conducted by training centers: remain at the assigned duty station
Special rules. with seat belt fastened while the air-
A crewmember who has successfully plane is taking off or landing and while
completed training, testing, or check- it is en route.
ing in accordance with an approved (b) A required flight crewmember
training program that meets the re- may leave the assigned duty station—
quirements of this part and that is con- (1) If the crewmember’s absence is
ducted in accordance with an approved necessary for the performance of duties
course conducted by a training center in connection with the operation of the
certificated under part 142 of this chap- airplane;
ter, is considered to meet applicable re- (2) If the crewmember’s absence is in
quirements of this part. connection with physiological needs; or
[Doc. No. 26933, 61 FR 34561, July 2, 1996]
(3) If the crewmember is taking a rest
period and relief is provided—
§ 125.297 Approval of flight simulators (i) In the case of the assigned pilot in
and flight training devices. command, by a pilot qualified to act as
pilot in command.
(a) Flight simulators and flight
(ii) In the case of the assigned second
training devices approved by the Ad-
in command, by a pilot qualified to act
ministrator may be used in training,
as second in command of that airplane
testing, and checking required by this
during en route operations. However,
subpart.
the relief pilot need not meet the re-
(b) Each flight simulator and flight cent experience requirements of
training device that is used in training, § 125.285.
testing, and checking required under
this subpart must be used in accord- § 125.313 Manipulation of controls
ance with an approved training course when carrying passengers.
conducted by a training center certifi-
No pilot in command may allow any
cated under part 142 of this chapter, or
person to manipulate the controls of an
meet the following requirements:
airplane while carrying passengers dur-
(1) It must be specifically approved ing flight, nor may any person manipu-
for— late the controls while carrying pas-
(i) The certificate holder; sengers during flight, unless that per-
(ii) The type airplane and, if applica- son is a qualified pilot of the certifi-
ble, the particular variation within cate holder operating that airplane.
type for which the check is being con-
ducted; and § 125.315 Admission to flight deck.
(iii) The particular maneuver, proce- (a) No person may admit any person
dure, or crewmember function in- to the flight deck of an airplane unless
volved. the person being admitted is—
(2) It must maintain the perform- (1) A crewmember;
ance, functional, and other characteris- (2) An FAA inspector or an author-
tics that are required for approval. ized representative of the National
(3) It must be modified to conform Transportation Safety Board who is
with any modification to the airplane performing official duties; or
being simulated that changes the per- (3) Any person who has the permis-
formance, functional, or other charac- sion of the pilot in command.
teristics required for approval. (b) No person may admit any person
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as to the flight deck unless there is a seat
amended by Amdt. 125–27, 61 FR 34561, July 2, available for the use of that person in
1996] the passenger compartment, except—

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Federal Aviation Administration, DOT § 125.325

(1) An FAA inspector or an author- clare an emergency and take any ac-
ized representative of the Adminis- tion that they consider necessary
trator or National Transportation under the circumstances.
Safety Board who is checking or ob- (c) Whenever emergency authority is
serving flight operations; or exercised, the pilot in command or the
(2) A certificated airman employed appropriate management personnel
by the certificate holder whose duties shall keep the appropriate ground radio
require an airman certificate. station fully informed of the progress
§ 125.317 Inspector’s credentials: Ad- of the flight. The person declaring the
mission to pilots’ compartment: For- emergency shall send a written report
ward observer’s seat. of any deviation, through the opera-
(a) Whenever, in performing the du- tor’s director of operations, to the Ad-
ties of conducting an inspection, an ministrator within 10 days, exclusive of
FAA inspector presents an Aviation Saturdays, Sundays, and Federal holi-
Safety Inspector credential, FAA Form days, after the flight is completed or,
110A, to the pilot in command of an in the case of operations outside the
airplane operated by the certificate United States, upon return to the home
holder, the inspector must be given base.
free and uninterrupted access to the
pilot compartment of that airplane. § 125.321 Reporting potentially haz-
However, this paragraph does not limit ardous meteorological conditions
the emergency authority of the pilot in and irregularities of ground and
command to exclude any person from navigation facilities.
the pilot compartment in the interest Whenever the pilot in command en-
of safety. counters a meteorological condition or
(b) A forward observer’s seat on the an irregularity in a ground facility or
flight deck, or forward passenger seat navigation aid in flight, the knowledge
with headset or speaker, must be pro- of which the pilot in command con-
vided for use by the Administrator siders essential to the safety of other
while conducting en route inspections. flights, the pilot in command shall no-
The suitability of the location of the tify an appropriate ground station as
seat and the headset or speaker for use soon as practicable.
in conducting en route inspections is
determined by the Administrator. [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
amended by Amdt. 125–52, 72 FR 31683, June
§ 125.319 Emergencies. 7, 2007]
(a) In an emergency situation that
§ 125.323 Reporting mechanical irreg-
requires immediate decision and ac- ularities.
tion, the pilot in command may take
any action considered necessary under The pilot in command shall ensure
the circumstances. In such a case, the that all mechanical irregularities oc-
pilot in command may deviate from curring during flight are entered in the
prescribed operations, procedures and maintenance log of the airplane at the
methods, weather minimums, and this next place of landing. Before each
chapter, to the extent required in the flight, the pilot in command shall as-
interests of safety. certain the status of each irregularity
(b) In an emergency situation arising entered in the log at the end of the pre-
during flight that requires immediate ceding flight.
decision and action by appropriate
management personnel in the case of § 125.325 Instrument approach proce-
operations conducted with a flight fol- dures and IFR landing minimums.
lowing service and which is known to Except as specified in § 91.176 of this
them, those personnel shall advise the
chapter, no person may make an in-
pilot in command of the emergency,
strument approach at an airport except
shall ascertain the decision of the pilot
spaschal on DSKJM0X7X2PROD with CFR

in command, and shall have the deci- in accordance with IFR weather mini-
sion recorded. If they cannot commu- mums and unless the type of instru-
nicate with the pilot, they shall de- ment approach procedure to be used is

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§ 125.327 14 CFR Ch. I (1–1–21 Edition)

listed in the certificate holder’s oper- son who has been given a briefing be-
ations specifications. fore a previous leg of a flight in the
[Docket FAA–2013–0485, Amdt. 125–66, 81 FR
same airplane.
90176, Dec. 13, 2016] (c) The oral briefing required by
paragraph (a) of this section shall be
§ 125.327 Briefing of passengers before given by the pilot in command or a
flight. member of the crew. It shall be supple-
(a) Before each takeoff, each pilot in mented by printed cards for the use of
command of an airplane carrying pas- each passenger containing—
sengers shall ensure that all passengers (1) A diagram and method of oper-
have been orally briefed on— ating the emergency exits; and
(1) Smoking. Each passenger shall be (2) Other instructions necessary for
briefed on when, where, and under what the use of emergency equipment on
conditions smoking is prohibited. This board the airplane.
briefing shall include a statement that Each card used under this paragraph
the Federal Aviation Regulations re- must be carried in the airplane in loca-
quire passenger compliance with the tions convenient for the use of each
lighted passenger information signs, passenger and must contain informa-
posted placards, areas designated for tion that is appropriate to the airplane
safety purposes as no smoking areas, on which it is to be used.
and crewmember instructions with re- (d) The certificate holder shall de-
gard to these items. scribe in its manual the procedure to
(2) The use of safety belts, including in- be followed in the briefing required by
structions on how to fasten and unfasten paragraph (a) of this section.
the safety belts. Each passenger shall be (e) If the airplane does not proceed
briefed on when, where, and under what directly over water after takeoff, no
conditions the safety belt must be fas- part of the briefing required by para-
tened about him or her. This briefing graph (a)(6) of this section has to be
shall include a statement that the Fed- given before takeoff but the briefing
eral Aviation Regulations require pas- required by paragraph (a)(6) must be
senger compliance with lighted pas- given before reaching the overwater
senger information signs and crew- part of the flight.
member instructions concerning the [Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
use of safety belts. amended by Amdt. 125–17, 57 FR 42675, Sept.
(3) The placement of seat backs in an 15, 1992]
upright position before takeoff and
landing; § 125.328 Prohibition on crew inter-
ference.
(4) Location and means for opening
the passenger entry door and emer- No person may assault, threaten, in-
gency exits; timidate, or interfere with a crew-
(5) Location of survival equipment; member in the performance of the
(6) If the flight involves extended crewmember’s duties aboard an air-
overwater operation, ditching proce- craft being operated under this part.
dures and the use of required flotation [Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
equipment; 1999]
(7) If the flight involves operations
above 12,000 feet MSL, the normal and § 125.329 Minimum altitudes for use of
emergency use of oxygen; and autopilot.
(8) Location and operation of fire ex- (a) Definitions. For purpose of this
tinguishers. section—
(b) Before each takeoff, the pilot in (1) Altitudes for takeoff/initial climb
command shall ensure that each person and go-around/missed approach are de-
who may need the assistance of an- fined as above the airport elevation.
other person to move expeditiously to (2) Altitudes for enroute operations
an exit if an emergency occurs and are defined as above terrain elevation.
that person’s attendant, if any, has re- (3) Altitudes for approach are defined
spaschal on DSKJM0X7X2PROD with CFR

ceived a briefing as to the procedures as above the touchdown zone elevation


to be followed if an evacuation occurs. (TDZE), unless the altitude is specifi-
This paragraph does not apply to a per- cally in reference to DA (H) or MDA, in

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Federal Aviation Administration, DOT § 125.331

which case the altitude is defined by (B) The autopilot is coupled and re-
reference to the DA(H) or MDA itself. ceiving both lateral and vertical path
(b) Takeoff and initial climb. No person references; or
may use an autopilot for takeoff or ini- (iv) A greater altitude specified by
tial climb below the higher of 500 feet the Administrator.
or an altitude that is no lower than (2) For autopilots with AFM specified
twice the altitude loss specified in the approach altitude limitations, the
Airplane Flight Manual (AFM), except greater of—
as follows— (i) The minimum use altitude speci-
(1) At a minimum engagement alti- fied for the coupled approach mode se-
tude specified in the AFM; or lected;
(ii) 50 feet; or
(2) At an altitude specified by the Ad-
(iii) An altitude specified by Admin-
ministrator, whichever is greater. istrator.
(c) Enroute. No person may use an (3) For autopilots with an AFM speci-
autopilot enroute, including climb and fied negligible or zero altitude loss for
descent, below the following— an autopilot approach mode malfunc-
(1) 500 feet; tion, the greater of—
(2) At an altitude that is no lower (i) 50 feet; or
than twice the altitude loss specified in (ii) An altitude specified by Adminis-
the AFM for an autopilot malfunction trator.
in cruise conditions; or (4) If executing an autopilot coupled
(3) At an altitude specified by the Ad- go-around or missed approach using a
ministrator, whichever is greater. certificated and functioning autopilot
(d) Approach. No person may use an in accordance with paragraph (e) in
autopilot at an altitude lower than 50 this section.
feet below the DA(H) or MDA for the (e) Go-Around/Missed Approach. No
instrument procedure being flown, ex- person may engage an autopilot during
cept as follows— a go-around or missed approach below
(1) For autopilots with an AFM speci- the minimum engagement altitude
fied altitude loss for approach oper- specified for takeoff and initial climb
ations— in paragraph (b) in this section. An
(i) An altitude no lower than twice autopilot minimum use altitude does
the specified altitude loss if higher not apply to a go-around/missed ap-
than 50 feet below the MDA or DA(H); proach initiated with an engaged auto-
pilot. Performing a go-around or
(ii) An altitude no lower than 50 feet
missed approach with an engaged auto-
higher than the altitude loss specified
pilot must not adversely affect safe ob-
in the AFM, when the following condi-
stacle clearance.
tions are met— (f) Landing. Notwithstanding para-
(A) Reported weather conditions are graph (d) of this section, autopilot min-
less than the basic VFR weather condi- imum use altitudes do not apply to
tions in § 91.155 of this chapter; autopilot operations when an approved
(B) Suitable visual references speci- automatic landing system mode is
fied in § 91.175 of this chapter have been being used for landing. Automatic
established on the instrument ap- landing systems must be authorized in
proach procedure; and an operations specification issued to
(C) The autopilot is coupled and re- the operator.
ceiving both lateral and vertical path
[Doc. No. FAA–2012–1059, 79 FR 6087, Feb. 3,
references; 2014]
(iii) An altitude no lower than the
higher of the altitude loss specified in § 125.331 Carriage of persons without
the AFM or 50 feet above the TDZE, compliance with the passenger-car-
when the following conditions are rying provisions of this part.
met— The following persons may be carried
(A) Reported weather conditions are aboard an airplane without complying
spaschal on DSKJM0X7X2PROD with CFR

equal to or better than the basic VFR with the passenger-carrying require-
weather conditions in § 91.155 of this ments of this part:
chapter; and (a) A crewmember.

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§ 125.333 14 CFR Ch. I (1–1–21 Edition)

(b) A person necessary for the safe in command may sign the flight re-
handling of animals on the airplane. lease only when both the pilot in com-
(c) A person necessary for the safe mand and the person authorized to ex-
handling of hazardous materials (as de- ercise operational control believe the
fined in subchapter C of title 49 CFR). flight can be made safely, unless the
(d) A person performing duty as a se- pilot in command is authorized by the
curity or honor guard accompanying a certificate holder to exercise oper-
shipment made by or under the author- ational control and execute the flight
ity of the U.S. Government. release without the approval of any
(e) A military courier or a military other person.
route supervisor carried by a military (c) No person may continue a flight
cargo contract operator if that car- from an intermediate airport without a
riage is specifically authorized by the new flight release if the airplane has
appropriate military service. been on the ground more than 6 hours.
(f) An authorized representative of
the Administrator conducting an en § 125.353 Facilities and services.
route inspection. During a flight, the pilot in command
(g) A person authorized by the Ad- shall obtain any additional available
ministrator. information of meteorological condi-
tions and irregularities of facilities and
§ 125.333 Stowage of food, beverage,
and passenger service equipment services that may affect the safety of
during airplane movement on the the flight.
surface, takeoff, and landing.
§ 125.355 Airplane equipment.
(a) No certificate holder may move
an airplane on the surface, take off, or No person may release an airplane
land when any food, beverage, or table- unless it is airworthy and is equipped
ware furnished by the certificate hold- as prescribed.
er is located at any passenger seat. § 125.357 Communication and naviga-
(b) No certificate holder may move tion facilities.
an airplane on the surface, take off, or
land unless each food and beverage No person may release an airplane
tray and seat back tray table is se- over any route or route segment unless
cured in its stowed position. communication and navigation facili-
(c) No certificate holder may permit ties equal to those required by § 125.51
an airplane to move on the surface, are in satisfactory operating condition.
take off, or land unless each passenger § 125.359 Flight release under VFR.
serving cart is secured in its stowed po-
sition. No person may release an airplane
(d) Each passenger shall comply with for VFR operation unless the ceiling
instructions given by a crewmember and visibility en route, as indicated by
with regard to compliance with this available weather reports or forecasts,
section. or any combination thereof, are and
will remain at or above applicable VFR
[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992] minimums until the airplane arrives at
the airport or airports specified in the
Subpart K—Flight Release Rules flight release.
§ 125.351 Flight release authority. § 125.361 Flight release under IFR or
(a) No person may start a flight with- over-the-top.
out authority from the person author- Except as provided in § 125.363, no per-
ized by the certificate holder to exer- son may release an airplane for oper-
cise operational control over the flight. ations under IFR or over-the-top unless
(b) No person may start a flight un- appropriate weather reports or fore-
less the pilot in command or the person casts, or any combination thereof, indi-
authorized by the cetificate holder to cate that the weather conditions will
exercise operational control over the be at or above the authorized mini-
spaschal on DSKJM0X7X2PROD with CFR

flight has executed a flight release set- mums at the estimated time of arrival
ting forth the conditions under which at the airport or airports to which re-
the flight will be conducted. The pilot leased.

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Federal Aviation Administration, DOT § 125.373

§ 125.363 Flight release over water. § 125.367 Alternate airport for destina-
tion: IFR or over-the-top.
(a) No person may release an airplane
for a flight that involves extended (a) Except as provided in paragraph
overwater operation unless appropriate (b) of this section, each person releas-
weather reports or forecasts, or any ing an airplane for operation under IFR
combination thereof, indicate that the or over-the-top shall list at least one
weather conditions will be at or above alternate airport for each destination
the authorized minimums at the esti- airport in the flight release.
(b) An alternate airport need not be
mated time of arrival at any airport to
designated for IFR or over-the-top op-
which released or to any required alter-
erations where the airplane carries
nate airport.
enough fuel to meet the requirements
(b) Each certificate holder shall con- of §§ 125.375 and 125.377 for flights out-
duct extended overwater operations side the 48 conterminous States and
under IFR unless it shows that oper- the District of Columbia over routes
ating under IFR is not necessary for without an available alternate airport
safety. for a particular airport of destination.
(c) Each certificate holder shall con- (c) For the purposes of paragraph (a)
duct other overwater operations under of this section, the weather require-
IFR if the Administrator determines ments at the alternate airport must
that operation under IFR is necessary meet the requirements of the opera-
for safety. tor’s operations specifications.
(d) Each authorization to conduct ex- (d) No person may release a flight un-
tended overwater operations under less that person lists each required al-
VFR and each requirement to conduct ternate airport in the flight release.
other overwater operations under IFR
will be specified in the operations spec- § 125.369 Alternate airport weather
ifications. minimums.
No person may list an airport as an
§ 125.365 Alternate airport for depar- alternate airport in the flight release
ture. unless the appropriate weather reports
(a) If the weather conditions at the or forecasts, or any combination there-
airport of takeoff are below the landing of, indicate that the weather condi-
minimums in the certificate holder’s tions will be at or above the alternate
operations specifications for that air- weather minimums specified in the cer-
port, no person may release an airplane tificate holder’s operations specifica-
from that airport unless the flight re- tions for that airport when the flight
lease specifies an alternate airport lo- arrives.
cated within the following distances § 125.371 Continuing flight in unsafe
from the airport of takeoff: conditions.
(1) Airplanes having two engines. Not
(a) No pilot in command may allow a
more than 1 hour from the departure
flight to continue toward any airport
airport at normal cruising speed in
to which it has been released if, in the
still air with one engine inoperative.
opinion of the pilot in command, the
(2) Airplanes having three or more en- flight cannot be completed safely, un-
gines. Not more than 2 hours from the less, in the opinion of the pilot in com-
departure airport at normal cruising mand, there is no safer procedure. In
speed in still air with one engine inop- that event, continuation toward that
erative. airport is an emergency situation.
(b) For the purposes of paragraph (a)
of this section, the alternate airport § 125.373 Original flight release or
weather conditions must meet the re- amendment of flight release.
quirements of the certificate holder’s (a) A certificate holder may specify
operations specifications. any airport authorized for the type of
(c) No person may release an airplane airplane as a destination for the pur-
spaschal on DSKJM0X7X2PROD with CFR

from an airport unless that person lists pose of original release.


each required alternate airport in the (b) No person may allow a flight to
flight release. continue to an airport to which it has

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§ 125.375 14 CFR Ch. I (1–1–21 Edition)

been released unless the weather condi- after to fly for 3 hours at normal cruis-
tions at an alternate airport that was ing fuel consumption.
specified in the flight release are fore-
cast to be at or above the alternate § 125.377 Fuel supply: Turbine-engine-
minimums specified in the operations powered airplanes other than tur-
specifications for that airport at the bopropeller.
time the airplane would arrive at the (a) Except as provided in paragraph
alternate airport. However, the flight (b) of this section, no person may re-
release may be amended en route to in- lease for flight or takeoff a turbine-
clude any alternate airport that is powered airplane (other than a turbo-
within the fuel range of the airplane as propeller-powered airplane) unless,
specified in § 125.375 or § 125.377. considering the wind and other weather
(c) No person may change an original conditions expected, it has enough
destination or alternate airport that is fuel—
specified in the original flight release (1) To fly to and land at the airport
to another airport while the airplane is to which it is released;
en route unless the other airport is au- (2) Thereafter, to fly to and land at
thorized for that type of airplane. the most distant alternate airport
(d) Each person who amends a flight specified in the flight release; and
release en route shall record that
(3) Thereafter, to fly for 45 minutes
amendment.
at normal cruising fuel consumption.
§ 125.375 Fuel supply: Nonturbine and (b) For any operation outside the 48
turbopropeller-powered airplanes. conterminous United States and the
District of Columbia, unless authorized
(a) Except as provided in paragraph
by the Administrator in the operations
(b) of this section, no person may re-
specifications, no person may release
lease for flight or take off a nonturbine
for flight or take off a turbine-engine
or turbopropeller-powered airplane un-
powered airplane (other than a turbo-
less, considering the wind and other
propeller-powered airplane) unless,
weather conditions expected, it has
considering wind and other weather
enough fuel—
conditions expected, it has enough
(1) To fly to and land at the airport
fuel—
to which it is released;
(2) Thereafter, to fly to and land at (1) To fly and land at the airport to
the most distant alternate airport which it is released;
specified in the flight release; and (2) After that, to fly for a period of 10
(3) Thereafter, to fly for 45 minutes percent of the total time required to
at normal crusing fuel consumption. fly from the airport of departure and
(b) If the airplane is released for any land at the airport to which it was re-
flight other than from one point in the leased;
conterminous United States to another (3) After that, to fly to and land at
point in the conterminous United the most distant alternate airport
States, it must carry enough fuel to specified in the flight release, if an al-
meet the requirements of paragraphs ternate is required; and
(a) (1) and (2) of this section and there- (4) After that, to fly for 30 minutes at
after fly for 30 minutes plus 15 percent holding speed at 1,500 feet above the al-
of the total time required to fly at nor- ternate airport (or the destination air-
mal cruising fuel consumption to the port if no alternate is required) under
airports specified in paragraphs (a) (1) standard temperature conditions.
and (2) of this section, or fly for 90 min- (c) No person may release a turbine-
utes at normal cruising fuel consump- engine-powered airplane (other than a
tion, whichever is less. turbopropeller airplane) to an airport
(c) No person may release a nontur- for which an alternate is not specified
bine or turbopropeller-powered air- under § 125.367(b) unless it has enough
plane to an airport for which an alter- fuel, considering wind and other weath-
nate is not specified under § 125.367(b) er conditions expected, to fly to that
spaschal on DSKJM0X7X2PROD with CFR

unless it has enough fuel, considering airport and thereafter to fly for at
wind and other weather conditions ex- least 2 hours at normal cruising fuel
pected, to fly to that airport and there- consumption.

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Federal Aviation Administration, DOT § 125.381

(d) The Administrator may amend (b) Except as provided in paragraphs


the operations specifications of a cer- (c) and (d) of this section, no pilot may
tificate holder to require more fuel execute an instrument approach proce-
than any of the minimums stated in dure if the latest reported visibility is
paragraph (a) or (b) of this section if less than the landing minimums speci-
the Administrator finds that additional fied in the certificate holder’s oper-
fuel is necessary on a particular route ations specifications.
in the interest of safety. (c) A pilot who initiates an instru-
ment approach procedure based on a
§ 125.379 Landing weather minimums:
IFR. weather report that indicates that the
specified visibility minimums exist and
(a) If the pilot in command of an air- subsequently receives another weather
plane has not served 100 hours as pilot report that indicates that conditions
in command in the type of airplane are below the minimum requirements,
being operated, the MDA or DA/DH and
may continue the approach only if ei-
visibility landing minimums in the cer-
ther the requirements of § 91.176 of this
tificate holder’s operations specifica-
tion are increased by 100 feet and one- chapter, or the following conditions are
half mile (or the RVR equivalent). The met—
MDA or DA/DH and visibility mini- (1) The later weather report is re-
mums need not be increased above ceived when the airplane is in one of
those applicable to the airport when the following approach phases:
used as an alternate airport, but in no (i) The airplane is on a ILS approach
event may the landing minimums be and has passed the final approach fix;
less than a 300-foot ceiling and 1 mile (ii) The airplane is on an ASR or
of visibility. PAR final approach and has been
(b) The 100 hours of pilot-in-command turned over to the final approach con-
experience required by paragraph (a) troller; or
may be reduced (not to exceed 50 per- (iii) The airplane is on a nonprecision
cent) by substituting one landing in op- final approach and the airplane—
erations under this part in the type of (A) Has passed the appropriate facil-
airplane for 1 required hour of pilot-in- ity or final approach fix; or
command experience if the pilot has at (B) Where a final approach fix is not
least 100 hours as pilot in command of
specified, has completed the procedure
another type airplane in operations
turn and is established inbound toward
under this part.
the airport on the final approach
(c) Category II minimums, when au-
course within the distance prescribed
thorized in the certificate holder’s op-
in the procedure; and
erations specifications, do not apply
until the pilot in command subject to (2) The pilot in command finds, on
paragraph (a) of this section meets the reaching the authorized MDA, or DA/
requirements of that paragraph in the DH, that the actual weather conditions
type of airplane the pilot is operating. are at or above the minimums pre-
scribed for the procedure being used.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as (d) A pilot may execute an instru-
amended by Amdt. 125–52, 72 FR 31683, June
7, 2007] ment approach procedure, or continue
the approach, at an airport when the
§ 125.381 Takeoff and landing weather visibility is reported to be less than the
minimums: IFR. visibility minimums prescribed for
(a) Regardless of any clearance from that procedure if the pilot uses an op-
ATC, if the reported weather condi- erable EFVS in accordance with § 91.176
tions are less than that specified in the of this chapter and the certificate hold-
certificate holder’s operations speci- er’s operations specifications for EFVS
fications, no pilot may— operations, or for a holder of a part 125
(1) Take off an airplane under IFR; or
spaschal on DSKJM0X7X2PROD with CFR

(2) Except as provided in paragraphs


(c) and (d) of this section, land an air-
plane under IFR.

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§ 125.383 14 CFR Ch. I (1–1–21 Edition)

letter of deviation authority, a letter physical examinations, and flight time


of authorization for the use of EFVS. records); and
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
(2) Record each action taken con-
amended by Amdt. 125–2, 46 FR 24409, Apr. 30, cerning the release from employment
1981; Amdt. 125–45, 69 FR 1641, Jan. 9, 2004; or physical or professional disqualifica-
Amdt. 125–52, 72 FR 31683, June 7, 2007; Dock- tion of any flight crewmember and
et FAA–2013–0485, Amdt. 125–66, 81 FR 90177, keep the record for at least 6 months
Dec. 13, 2016] thereafter.
(b) Each certificate holder shall
§ 125.383 Load manifest. maintain the records required by para-
(a) Each certificate holder is respon- graph (a) of this section at its principal
sible for the preparation and accuracy operations base, or at another location
of a load manifest in duplicate con- used by it and approved by the Admin-
taining information concerning the istrator.
loading of the airplane. The manifest (c) Computer record systems ap-
must be prepared before each takeoff proved by the Administrator may be
and must include— used in complying with the require-
(1) The number of passengers; ments of paragraph (a) of this section.
(2) The total weight of the loaded air-
plane; § 125.403 Flight release form.
(3) The maximum allowable takeoff (a) The flight release may be in any
and landing weights for that flight; form but must contain at least the fol-
(4) The center of gravity limits; lowing information concerning each
(5) The center of gravity of the load- flight:
ed airplane, except that the actual cen- (1) Company or organization name.
ter of gravity need not be computed if (2) Make, model, and registration
the airplane is loaded according to a number of the airplane being used.
loading schedule or other approved (3) Date of flight.
method that ensures that the center of (4) Name and duty assignment of
gravity of the loaded airplane is within each crewmember.
approved limits. In those cases, an (5) Departure airport, destination air-
entry shall be made on the manifest in- ports, alternate airports, and route.
dicating that the center of gravity is (6) Minimum fuel supply (in gallons
within limits according to a loading or pounds).
schedule or other approved method: (7) A statement of the type of oper-
(6) The registration number of the ation (e.g., IFR, VFR).
airplane; (b) The airplane flight release must
(7) The origin and destination ; and contain, or have attached to it, weath-
(8) Names of passengers. er reports, available weather forecasts,
(b) The pilot in command of an air- or a combination thereof.
plane for which a load manifest must
be prepared shall carry a copy of the § 125.405 Disposition of load manifest,
completed load manifest in the air- flight release, and flight plans.
plane to its destination. The certificate (a) The pilot in command of an air-
holder shall keep copies of completed plane shall carry in the airplane to its
load manifests for at least 30 days at destination the original or a signed
its principal operations base, or at an- copy of the—
other location used by it and approved (1) Load manifest required by
by the Administrator. § 125.383;
(2) Flight release;
Subpart L—Records and Reports (3) Airworthiness release; and
(4) Flight plan, including route.
§ 125.401 Crewmember record. (b) If a flight originates at the prin-
(a) Each certificate holder shall— cipal operations base of the certificate
(1) Maintain current records of each holder, it shall retain at that base a
crewmember that show whether or not signed copy of each document listed in
spaschal on DSKJM0X7X2PROD with CFR

that crewmember complies with this paragraph (a) of this section.


chapter (e.g., proficiency checks, air- (c) Except as provided in paragraph
plane qualifications, any required (d) of this section, if a flight originates

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Federal Aviation Administration, DOT § 125.411

at a place other than the principal op- a form and manner prescribed by the
erations base of the certificate holder, Administrator.
the pilot in command (or another per- (b) Each certificate holder shall sub-
son not aboard the airplane who is au- mit each report required by this sec-
thorized by the operator) shall, before tion, covering each 24-hour period be-
or immediately after departure of the ginning at 0900 local time of each day
flight, mail signed copies of the docu- and ending at 0900 local time on the
ments listed in paragraph (a) of this next day, to the FAA office in Okla-
section to the principal operations homa City, Oklahoma. Each report of
base. occurrences during a 24-hour period
(d) If a flight originates at a place shall be submitted to the collection
other than the principal operations point within the next 96 hours. How-
base of the certificate holder and there ever, a report due on Saturday or Sun-
is at that place a person to manage the day may be submitted on the following
flight departure for the operator who Monday, and a report due on a holiday
does not depart on the airplane, signed may be submitted on the next work
copies of the documents listed in para- day.
graph (a) of this section may be re-
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as
tained at that place for not more than
amended by Amdt. 125–49, 70 FR 76979, Dec.
30 days before being sent to the prin- 29, 2005]
cipal operations base of the certificate
holder. However, the documents for a § 125.411 Airworthiness release or
particular flight need not be further re- maintenance record entry.
tained at that place or be sent to the
(a) No certificate holder may operate
principal operations base, if the origi-
an airplane after maintenance, preven-
nals or other copies of them have been
tive maintenance, or alteration is per-
previously returned to the principal op-
formed on the airplane unless the per-
erations base.
son performing that maintenance, pre-
(e) The certificate holder shall:
ventive maintenance, or alteration pre-
(1) Identify in its operations manual
pares or causes to be prepared—
the person having custody of the copies
of documents retained in accordance (1) An airworthiness release; or
with paragraph (d) of this section; and (2) An entry in the aircraft mainte-
(2) Retain at its principal operations nance records in accordance with the
base either the original or a copy of the certificate holder’s manual.
records required by this section for at (b) The airworthiness release or
least 30 days. maintenance record entry required by
paragraph (a) of this section must—
§ 125.407 Maintenance log: Airplanes. (1) Be prepared in accordance with
(a) Each person who takes corrective the procedures set forth in the certifi-
action or defers action concerning a re- cate holder’s manual;
ported or observed failure or malfunc- (2) Include a certification that—
tion of an airframe, aircraft engine, (i) The work was performed in ac-
propeller, or appliance shall record the cordance with the requirements of the
action taken in the airplane mainte- certificate holder’s manual;
nance log in accordance with part 43 of (ii) All items required to be inspected
this chapter. were inspected by an authorized person
(b) Each certificate holder shall es- who determined that the work was sat-
tablish a procedure for keeping copies isfactorily completed;
of the airplane maintenance log re- (iii) No known condition exists that
quired by this section in the airplane would make the airplane unairworthy;
for access by appropriate personnel and and
shall include that procedure in the (iv) So far as the work performed is
manual required by § 125.249. concerned, the airplane is in condition
for safe operation; and
§ 125.409 Service difficulty reports. (3) Be signed by a person authorized
spaschal on DSKJM0X7X2PROD with CFR

(a) Each certificate holder shall re- in part 43 of this chapter to perform
port the occurrence or detection of maintenance, preventive maintenance,
each failure, malfunction, or defect, in and alteration.

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§ 125.501 14 CFR Ch. I (1–1–21 Edition)

(c) When an airworthiness release (1) For the Airbus Model A300 (ex-
form is prepared, the certificate holder cluding the –600 series), the flight cycle
must give a copy to the pilot in com- implementation time is:
mand and keep a record of it for at (i) Model B2: 36,000 flights.
least 60 days. (ii) Model B4–100 (including Model
(d) Instead of restating each of the B4–2C): 30,000 flights above the window
conditions of the certification required line, and 36,000 flights below the win-
by paragraph (b) of this section, the dow line.
certificate holder may state in its (iii) Model B4–200: 25,500 flights above
manual that the signature of a person the window line, and 34,000 flights
authorized in part 43 of this chapter below the window line.
constitutes that certification. (2) For all models of the British Aero-
space BAC 1–11, the flight cycle imple-
Subpart M—Continued Airworthi- mentation time is 60,000 flights.
ness and Safety Improve- (3) For all models of the Boeing 707,
the flight cycle implementation time is
ments 15,000 flights.
(4) For all models of the Boeing 720,
SOURCE: Amdt. 125–53, 72 FR 63412, Nov. 8, the flight cycle implementation time is
2007, unless otherwise noted. 23,000 flights.
§ 125.501 Purpose and definition. (5) For all models of the Boeing 727,
the flight cycle implementation time is
(a) This subpart requires operators to 45,000 flights.
support the continued airworthiness of (6) For all models of the Boeing 737,
each airplane. These requirements may the flight cycle implementation time is
include, but are not limited to, revising 60,000 flights.
the inspection program, incorporating (7) For all models of the Boeing 747,
design changes, and incorporating revi- the flight cycle implementation time is
sions to Instructions for Continued 15,000 flights.
Airworthiness. (8) For all models of the McDonnell
(b) [Reserved] Douglas DC–8, the flight cycle imple-
[Amdt. 125–53, 72 FR 63412, Nov. 8, 2007, as mentation time is 30,000 flights.
amended by Docket FAA–2018–0119, Amdt. (9) For all models of the McDonnell
125–68, 83 FR 9174, Mar. 5, 2018] Douglas DC–9/MD–80, the flight cycle
implementation time is 60,000 flights.
§ 125.503 [Reserved] (10) For all models of the McDonnell
Douglas DC–10, the flight cycle imple-
§ 125.505 Repairs assessment for pres-
surized fuselages. mentation time is 30,000 flights.
(11) For all models of the Lockheed
(a) No person may operate an Airbus L–1011, the flight cycle implementation
Model A300 (excluding the –600 series), time is 27,000 flights.
British Aerospace Model BAC 1–11, Boe- (12) For the Fokker F–28 Mark, 1000,
ing Model 707, 720, 727, 737 or 747, 2000, 3000, and 4000, the flight cycle im-
McDonnell Douglas Model DC–8, DC–9/ plementation time is 60,000 flights.
MD–80 or DC–10, Fokker Model F28, or (b) [Reserved]
Lockheed Model L–1011 beyond the ap-
plicable flight cycle implementation [Doc. No. 29104, 65 FR 24126, Apr. 25, 2000; 65
time specified below, or May 25, 2001, FR 50744, Aug. 21, 2000, as amended by Amdt.
125–36, 66 FR 23131, May 7, 2001; Amdt. 125–40,
whichever occurs later, unless oper- 67 FR 72834, Dec. 9, 2002; Amdt. 125–46, 69 FR
ations specifications have been issued 45942, July 30, 2004. Redesignated by Amdt.
to reference repair assessment guide- 125–53, 72 FR 63412, Nov. 8, 2007; Docket FAA–
lines applicable to the fuselage pres- 2018–0119, Amdt. 125–68, 83 FR 9174, Mar. 5,
sure boundary (fuselage skin, door 2018]
skin, and bulkhead webs), and those
guidelines are incorporated in its § 125.507 Fuel tank system inspection
maintenance program. The repair as- program.
sessment guidelines must be approved (a) Except as provided in paragraph
spaschal on DSKJM0X7X2PROD with CFR

by the responsible Aircraft Certifi- (g) of this section, this section applies
cation Service office for the type cer- to transport category, turbine-powered
tificate for the affected airplane. airplanes with a type certificate issued

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Federal Aviation Administration, DOT § 125.509

after January 1, 1958, that, as a result (3) deHavilland D.H. 106 Comet 4C
of original type certification or later (4) VFW–Vereinigte Flugtechnische
increase in capacity, have— Werk VFW–614
(1) A maximum type-certificated pas- (5) Illyushin Aviation IL 96T
senger capacity of 30 or more, or (6) Bristol Aircraft Britannia 305
(2) A maximum payload capacity of (7) Handley Page Herald Type 300
7500 pounds or more. (8) Avions Marcel Dassault—Breguet
(b) For each airplane on which an Aviation Mercure 100C
auxiliary fuel tank is installed under a
(9) Airbus Caravelle
field approval, before June 16, 2008, the
certificate holder must submit to the (10) Lockheed L–300
responsible Aircraft Certification Serv- [Amdt. 125–53, 72 FR 63412, Nov. 8, 2007, as
ice office proposed maintenance in- amended by Docket FAA–2018–0119, Amdt.
structions for the tank that meet the 125–68, 83 FR 9174, Mar. 5, 2018]
requirements of Special Federal Avia-
tion Regulation No. 88 (SFAR 88) of § 125.509 Flammability reduction
this chapter. means.
(c) After December 16, 2008, no certifi- (a) Applicability. Except as provided
cate holder may operate an airplane in paragraph (m) of this section, this
identified in paragraph (a) of this sec- section applies to transport category,
tion unless the inspection program for turbine-powered airplanes with a type
that airplane has been revised to in- certificate issued after January 1, 1958,
clude applicable inspections, proce- that, as a result of original type cer-
dures, and limitations for fuel tank tification or later increase in capacity
systems. have:
(d) The proposed fuel tank system in- (1) A maximum type-certificated pas-
spection program revisions must be senger capacity of 30 or more, or
based on fuel tank system Instructions (2) A maximum payload capacity of
for Continued Airworthiness (ICA) that 7,500 pounds or more.
have been developed in accordance (b) New Production Airplanes. Except
with the applicable provisions of SFAR in accordance with § 125.201, no person
88 of this chapter or § 25.1529 and part may operate an airplane identified in
25, Appendix H, of this chapter, in ef- Table 1 of this section (including all-
fect on June 6, 2001 (including those de- cargo airplanes) for which the State of
veloped for auxiliary fuel tanks, if any, Manufacture issued the original certifi-
installed under supplemental type cer- cate of airworthiness or export air-
tificates or other design approval) and worthiness approval after December 27,
that have been approved by the respon- 2010 unless an Ignition Mitigation
sible Aircraft Certification Service of- Means (IMM) or Flammability Reduc-
fice. tion Means (FRM) meeting the require-
(e) After December 16, 2008, before re- ments of § 26.33 of this chapter is oper-
turning an aircraft to service after any ational.
alteration for which fuel tank ICA are
developed under SFAR 88, or under TABLE 1
§ 25.1529 in effect on June 6, 2001, the
certificate holder must include in the Model—Boeing Model—Airbus
inspection program for the airplane in- 747 Series A318, A319, A320, A321 Series
spections and procedures for the fuel 737 Series A330, A340 Series
tank system based on those ICA. 777 Series
(f) The fuel tank system inspection 767 Series
program changes identified in para-
graphs (d) and (e) of this section and (c) Auxiliary Fuel Tanks. After the ap-
any later fuel tank system revisions plicable date stated in paragraph (e) of
must be submitted to the Principal In- this section, no person may operate
spector for review and approval. any airplane subject to § 26.33 of this
(g) This section does not apply to the chapter that has an Auxiliary Fuel
spaschal on DSKJM0X7X2PROD with CFR

following airplane models: Tank installed pursuant to a field ap-


(1) Bombardier CL–44 proval, unless the following require-
(2) Concorde ments are met:

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§ 125.509 14 CFR Ch. I (1–1–21 Edition)

(1) The person complies with 14 CFR placed by a means that complies with
26.35 by the applicable date stated in paragraph (d) of this section.
that section. (g) Inspection Program Revisions. No
(2) The person installs Flammability person may operate an airplane for
Impact Mitigation Means (FIMM), if which airworthiness limitations have
applicable, that is approved by the re- been approved by the responsible Air-
sponsible Aircraft Certification Service craft Certification Service office in ac-
office. cordance with §§ 26.33, 26.35, or 26.37 of
(3) Except in accordance with this chapter after the airplane is modi-
§ 125.201, the FIMM, if applicable, are fied in accordance with paragraph (d)
operational. of this section unless the inspection
(d) Retrofit. Except as provided in program for that airplane is revised to
paragraph (j) of this section, after the include those applicable airworthiness
dates specified in paragraph (e) of this limitations.
section, no person may operate an air- (h) After the inspection program is
plane to which this section applies un- revised as required by paragraph (g) of
less the requirements of paragraphs this section, before returning an air-
(d)(1) and (d)(2) of this section are met. plane to service after any alteration
(1) Ignition Mitigation Means (IMM), for which airworthiness limitations are
Flammability Reduction Means (FRM), required by §§ 25.981, 26.33, 26.35, or 26.37
or FIMM, if required by §§ 26.33, 26.35, or of this chapter, the person must revise
26.37 of this chapter, that are approved the inspection program for the airplane
by the responsible Aircraft Certifi- to include those airworthiness limita-
cation Service office, are installed tions.
within the compliance times specified (i) The inspection program changes
in paragraph (e) of this section. identified in paragraphs (g) and (h) of
(2) Except in accordance with § 125.201 this section must be submitted to the
of this part, the IMM, FRM or FIMM, operator’s assigned Flight Standards
as applicable, are operational. office responsible for review and ap-
(e) Compliance Times. The installa- proval prior to incorporation.
tions required by paragraph (d) of this (j) The requirements of paragraph (d)
section must be accomplished no later of this section do not apply to air-
than the applicable dates specified in planes operated in all-cargo service,
paragraph (e)(1), (e)(2) or (e)(3) of this but those airplanes are subject to para-
section. graph (f) of this section.
(1) Fifty percent of each person’s (k) After the date by which any per-
fleet of airplanes subject to paragraph son is required by this section to mod-
(d)(1) of this section must be modified ify 100 percent of the affected fleet, no
no later than December 26, 2014. person may operate in passenger serv-
(2) One hundred percent of each per- ice any airplane model specified in
son’s fleet of airplanes subject to para- Table 2 of this section unless the air-
graph (d)(1) of this section must be plane has been modified to comply
modified no later than December 26, with § 26.33(c) of this chapter.
2017.
(3) For those persons that have only TABLE 2
one airplane of a model identified in
Table 1 of this section, the airplane Model—Boeing Model—Airbus
must be modified no later than Decem-
747 Series .................. A318, A319, A320, A321 Series.
ber 26, 2017. 737 Series .................. A300, A310 Series.
(f) Compliance after Installation. Ex- 777 Series .................. A330, A340 Series.
cept in accordance with § 125.201, no 767 Series.
person may— 757 Series.
(1) Operate an airplane on which IMM
or FRM has been installed before the (l) No person may operate any air-
dates specified in paragraph (e) of this plane on which an auxiliary fuel tank
section unless the IMM or FRM is oper- is installed after December 26, 2017 un-
spaschal on DSKJM0X7X2PROD with CFR

ational, or less the FAA has certified the tank as


(2) Deactivate or remove an IMM or compliant with § 25.981 of this chapter,
FRM once installed unless it is re- in effect on December 26, 2008.

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Federal Aviation Administration, DOT Pt. 125, App. A

(m) Exclusions. The requirements of than 36 occupants, including crewmembers,


this section do not apply to the fol- and less than five exits authorized for pas-
lowing airplane models: senger use.
(b) Interior emergency exit marking. The fol-
(1) Convair CV–240, 340, 440, including lowing must be complied with for each pas-
turbine powered conversions. senger-carrying airplane:
(2) Lockheed L–188 Electra. (1) Each passenger emergency exit, its
(3) Vickers VC–10. means of access, and means of opening must
(4) Douglas DC–3, including turbine be conspicuously marked. The identity and
powered conversions. location of each passenger emergency exit
(5) Bombardier CL–44. must be recognizable from a distance equal
(6) Mitsubishi YS–11. to the width of the cabin. The location of
each passenger emergency exit must be indi-
(7) BAC 1–11.
cated by a sign visible to occupants ap-
(8) Concorde. proaching along the main passenger aisle.
(9) deHavilland D.H. 106 Comet 4C. There must be a locating sign—
(10) VFW—Vereinigte Flugtechnische (i) Above the aisle near each over-the-wing
VFW–614. passenger emergency exit, or at another ceil-
(11) Illyushin Aviation IL 96T. ing location if it is more practical because of
(12) Bristol Aircraft Britannia 305. low headroom;
(13) Handley Page Herald Type 300. (ii) Next to each floor level passenger
(14) Avions Marcel Dassault—Breguet emergency exit, except that one sign may
serve two such exits if they both can be seen
Aviation Mercure 100C. readily from that sign; and
(15) Airbus Caravelle. (iii) On each bulkhead or divider that pre-
(16) Fokker F–27/Fairchild Hiller FH– vents fore and aft vision along the passenger
227. cabin, to indicate emergency exits beyond
(17) Lockheed L–300. and obscured by it, except that if this is not
possible the sign may be placed at another
[Doc. No. FAA–2005–22997, 73 FR 42502, July appropriate location.
21, 2008, as amended by Amdt. 125–57, 74 FR (2) Each passenger emergency exit mark-
31619, July 2, 2009; Docket FAA–2018–0119, ing and each locating sign must meet the fol-
Amdt. 125–68, 83 FR 9174, Mar. 5, 2018] lowing:
(i) For an airplane for which the applica-
tion for the type certificate was filed prior to
May 1, 1972, each passenger emergency exit
APPENDIX A TO PART 125—ADDITIONAL marking and each locating sign must be
EMERGENCY EQUIPMENT manufactured to meet the requirements of
§ 25.812(b) of this chapter in effect on April 30,
(a) Means for emergency evacuation. Each 1972. On these airplanes, no sign may con-
passenger-carrying landplane emergency exit tinue to be used if its luminescence (bright-
(other than over-the-wing) that is more that ness) decreases to below 100 microlamberts.
6 feet from the ground with the airplane on The colors may be reversed if it increases the
the ground and the landing gear extended emergency illumination of the passenger
must have an approved means to assist the compartment. However, the Administrator
occupants in descending to the ground. The may authorize deviation from the 2-inch
assisting means for a floor level emergency background requirements if the Adminis-
exit must meet the requirements of trator finds that special circumstances exist
§ 25.809(f)(1) of this chapter in effect on April that make compliance impractical and that
30, 1972, except that, for any airplane for the proposed deviation provides an equiva-
which the application for the type certificate lent level of safety.
was filed after that date, it must meet the (ii) For an airplane for which the applica-
requirements under which the airplane was tion for the type certificate was filed on or
type certificated. An assisting means that after May 1, 1972, each passenger emergency
deploys automatically must be armed during exit marking and each locating sign must be
taxiing, takeoffs, and landings. However, if manufactured to meet the interior emer-
the Administrator finds that the design of gency exit marking requirements under
the exit makes compliance impractical, the which the airplane was type certificated. On
Administrator may grant a deviation from these airplanes, no sign may continue to be
the requirement of automatic deployment if used if its luminescence (brightness) de-
the assisting means automatically erects creases to below 250 microlamberts.
upon deployment and, with respect to re- (c) Lighting for interior emergency exit mark-
quired emergency exits, if an emergency ings. Each passenger-carrying airplane must
evacuation demonstration is conducted in have an emergency lighting system, inde-
spaschal on DSKJM0X7X2PROD with CFR

accordance with § 125.189. This paragraph pendent of the main lighting system. How-
does not apply to the rear window emergency ever, sources of general cabin illumination
exit of DC–3 airplanes operated with less may be common to both the emergency and

367

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Pt. 125, App. A 14 CFR Ch. I (1–1–21 Edition)
the main lighting systems if the power sup- (ii) The word ‘‘open’’ in red letters 1 inch
ply to the emergency lighting system is high placed horizontally near the head of the
independent of the power supply to the main arrow.
lighting system. The emergency lighting sys- (2) For a passenger-carrying airplane for
tem must— which the application for the type certificate
(1) Illuminate each passenger exit marking was filed on or after May 1, 1972, the location
and locating sign; and of each passenger emergency exit operating
(2) Provide enough general lighting in the handle and instructions for opening the exit
passenger cabin so that the average illu- must be shown in accordance with the re-
mination, when measured at 40-inch inter- quirements under which the airplane was
vals at seat armrest height, on the center- type certificated. On these airplanes, no op-
line of the main passenger aisle, is at least erating handle or operating handle cover
0.05 foot-candles. may continue to be used if its luminescence
(d) Emergency light operation. Except for (brightness) decreases to below 100 micro-
lights forming part of emergency lighting lamberts.
subsystems provided in compliance with (f) Emergency exit access. Access to emer-
§ 25.812(g) of this chapter (as prescribed in gency exits must be provided as follows for
paragraph (h) of this section) that serve no each passenger-carrying airplane:
more than one assist means, are independent (1) Each passageway between individual
of the airplane’s main emergency lighting passenger areas, or leading to a Type I or
systems, and are automatically activated Type II emergency exit, must be unob-
when the assist means is deployed, each light structed and at least 20 inches wide.
required by paragraphs (c) and (h) must com- (2) There must be enough space next to
ply with the following: each Type I or Type II emergency exit to
(1) Each light must be operable manually allow a crewmember to assist in the evacu-
and must operate automatically from the ation of passengers without reducing the un-
independent lighting system— obstructed width of the passageway below
(i) In a crash landing; or that required in paragraph (f)(1) of this sec-
(ii) Whenever the airplane’s normal elec- tion. However, the Administrator may au-
tric power to the light is interrupted. thorize deviation from this requirement for
(2) Each light must— an airplane certificated under the provisions
(i) Be operable manually from the of part 4b of the Civil Air Regulations in ef-
flightcrew station and from a point in the fect before December 20, 1951, if the Adminis-
passenger compartment that is readily ac- trator finds that special circumstances exist
cessible to a normal flight attendant seat; that provide an equivalent level of safety.
(ii) Have a means to prevent inadvertent (3) There must be access from the main
operation of the manual controls; and aisle to each Type III and Type IV exit. The
(iii) When armed or turned on at either access from the aisle to these exits must not
station, remain lighted or become lighted be obstructed by seats, berths, or other pro-
upon interruption of the airplane’s normal trusions in a manner that would reduce the
electric power. effectiveness of the exit. In addition—
Each light must be armed or turned on (i) For an airplane for which the applica-
during taxiing, takeoff, and landing. In tion for the type certificate was filed prior to
showing compliance with this paragraph, a May 1, 1972, the access must meet the re-
transverse vertical separation of the fuselage quirements of § 25.813(c) of this chapter in ef-
need not be considered. fect on April 30, 1972; and
(3) Each light must provide the required (ii) For an airplane for which the applica-
level of illumination for at least 10 minutes tion for the type certificate was filed on or
at the critical ambient conditions after after May 1, 1972, the access must meet the
emergency landing. emergency exit access requirements under
(e) Emergency exit operating handles. (1) For which the airplane was certificated.
a passenger-carrying airplane for which the (4) If it is necessary to pass through a pas-
application for the type certificate was filed sageway between passenger compartments to
prior to May 1, 1972, the location of each pas- reach any required emergency exit from any
senger emergency exit operating handle and seat in the passenger cabin, the passageway
instructions for opening the exit must be must not be obstructed. However, curtains
shown by a marking on or near the exit that may be used if they allow free entry through
is readable from a distance of 30 inches. In the passageway.
addition, for each Type I and Type II emer- (5) No door may be installed in any parti-
gency exit with a locking mechanism re- tion between passenger compartments.
leased by rotary motion of the handle, the (6) If it is necessary to pass through a door-
instructions for opening must be shown by— way separating the passenger cabin from
(i) A red arrow with a shaft at least 3⁄4 inch other areas to reach any required emergency
wide and a head twice the width of the shaft, exit from any passenger seat, the door must
spaschal on DSKJM0X7X2PROD with CFR

extending along at least 70 degrees of arc at have a means to latch it in open position,
a radius approximately equal to 3⁄4 of the and the door must be latched open during
handle length; and each takeoff and landing. The latching

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Federal Aviation Administration, DOT Pt. 125, App. B
means must be able to withstand the loads senger cabin) that is 44 or more inches high
imposed upon it when the door is subjected and 20 or more inches wide, but not wider
to the ultimate interia forces, relative to the than 46 inches, each passenger ventral exit
surrounding structure, listed in § 25.561(b) of (except the ventral exits on M–404 and CV–
this chapter. 240 airplanes) and each tail cone exit must
(g) Exterior exit markings. Each passenger meet the requirements of this section for
emergency exit and the means of opening floor level emergency exits. However, the
that exit from the outside must be marked Administrator may grant a deviation from
on the outside of the airplane. There must be this paragraph if the Administrator finds
a 2-inch colored band outlining each pas- that circumstances make full compliance
senger emergency exit on the side of the fu- impractical and that an acceptable level of
selage. Each outside marking, including the safety has been achieved.
band, must be readily distinguishable from (j) Additional emergency exits. Approved
the surrounding fuselage area by contrast in emergency exits in the passenger compart-
color. The markings must comply with the ments that are in excess of the minimum
following: number of required emergency exits must
(1) If the reflectance of the darker color is meet all of the applicable provisions of this
15 percent or less, the reflectance of the section except paragraph (f), (1), (2), and (3)
lighter color must be at least 45 percent. and must be readily accessible.
‘‘Reflectance’’ is the ratio of the luminous (k) On each large passenger-carrying tur-
flux reflected by a body to the luminous flux bojet-powered airplane, each ventral exit and
it receives. tailcone exit must be—
(2) If the reflectance of the darker color is (1) Designed and constructed so that it
greater than 15 percent, at least a 30 percent cannot be opened during flight; and
difference between its reflectance and the re-
(2) Marked with a placard readable from a
flectance of the lighter color must be pro-
distance of 30 inches and installed at a con-
vided.
spicuous location near the means of opening
(3) Exits that are not in the side of the fu-
the exit, stating that the exit has been de-
selage must have the external means of
signed and constructed so that it cannot be
opening and applicable instructions marked
opened during flight.
conspicuously in red or, if red is incon-
spicuous against the background color, in
bright chrome yellow and, when the opening APPENDIX B TO PART 125—CRITERIA FOR
means for such an exit is located on only one DEMONSTRATION OF EMERGENCY
side of the fuselage, a conspicuous marking EVACUATION PROCEDURES UNDER
to that effect must be provided on the other § 125.189
side.
(h) Exterior emergency lighting and escape (a) Aborted takeoff demonstration. (1) The
route. (1) Each passenger-carrying airplane demonstration must be conducted either dur-
must be equipped with exterior lighting that ing the dark of the night or during daylight
meets the following requirements: with the dark of the night simulated. If the
(i) For an airplane for which the applica- demonstration is conducted indoors during
tion for the type certificate was filed prior to daylight hours, it must be conducted with
May 1, 1972, the requirements of § 25.812(f) each window covered and each door closed to
and (g) of this chapter in effect on April 30, minimize the daylight effect. Illumination
1972. on the floor or ground may be used, but it
(ii) For an airplane for which the applica- must be kept low and shielded against shin-
tion for the type certificate was filed on or ing into the airplane’s windows or doors.
after May 1, 1972, the exterior emergency (2) The airplane must be in a normal
lighting requirements under which the air- ground attitude with landing gear extended.
plane was type certificated. (3) Stands or ramps may be used for de-
(2) Each passenger-carrying airplane must scent from the wing to the ground. Safety
be equipped with a slip-resistant escape equipment such as mats or inverted life rafts
route that meets the following requirements: may be placed on the ground to protect par-
(i) For an airplane for which the applica- ticipants. No other equipment that is not
tion for the type certificate was filed prior to part of the airplane’s emergency evacuation
May 1, 1972, the requirements of § 25.803(e) of equipment may be used to aid the partici-
this chapter in effect on April 30, 1972. pants in reaching the ground.
(ii) For an airplane for which the applica- (4) The airplane’s normal electric power
tion for the type certificate was filed on or sources must be deenergized.
after May 1, 1972, the slip-resistant escape (5) All emergency equipment for the type
route requirements under which the airplane of passenger-carrying operation involved
was type certificated. must be installed in accordance with the cer-
(i) Floor level exits. Each floor level door or tificate holder’s manual.
spaschal on DSKJM0X7X2PROD with CFR

exit in the side of the fuselage (other than (6) Each external door and exit and each
those leading into a cargo or baggage com- internal door or curtain must be in position
partment that is not accessible from the pas- to simulate a normal takeoff.

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Pt. 125, App. B 14 CFR Ch. I (1–1–21 Edition)
(7) A representative passenger load of per- onstration. Exits that are not to be used in
sons in normal health must be used. At least the demonstration must have the exit handle
30 percent must be females. At least 5 per- deactivated or must be indicated by red
cent must be over 60 years of age with a pro- lights, red tape or other acceptable means,
portionate number of females. At least 5 per- placed outside the exits to indicate fire or
cent, but not more than 10 percent, must be other reason that they are unusable. The
children under 12 years of age, prorated exits to be used must be representative of all
through that age group. Three life-size dolls, of the emergency exits on the airplane and
not included as part of the total passenger must be designated by the certificate holder,
load, must be carried by passengers to simu- subject to approval by the Administrator. At
late live infants 2 years old or younger. least one floor level exit must be used.
Crewmembers, mechanics, and training per- (18) All evacuees, except those using an
sonnel who maintain or operate the airplane over-the-wing exit, must leave the airplane
in the normal course of their duties may not by a means provided as part of the airplane’s
be used as passengers. equipment.
(8) No passenger may be assigned a specific (19) The certificate holder’s approved pro-
seat except as the Administrator may re- cedures and all of the emergency equipment
quire. Except as required by item (12) of this that is normally available, including slides,
paragraph, no employee of the certificate ropes, lights, and megaphones, must be fully
holder may be seated next to an emergency utilized during the demonstration.
exit. (20) The evacuation time period is com-
(9) Seat belts and shoulder harnesses (as pleted when the last occupant has evacuated
required) must be fastened. the airplane and is on the ground. Evacuees
(10) Before the start of the demonstration, using stands or ramps allowed by item (3)
approximately one-half of the total average above are considered to be on the ground
amount of carry-on baggage, blankets, pil- when they are on the stand or ramp: Pro-
lows, and other similar articles must be dis- vided, That the acceptance rate of the stand
tributed at several locations in the aisles or ramp is no greater than the acceptance
and emergency exit access ways to create rate of the means available on the airplane
minor obstructions. for descent from the wing during an actual
(11) The seating density and arrangement crash situation.
of the airplane must be representative of the (b) Ditching demonstration. The demonstra-
highest capacity passenger version of that tion must assume that daylight hours exist
airplane the certificate holder operates or outside the airplane and that all required
proposes to operate. crewmembers are available for the dem-
(12) Each crewmember must be a member onstration.
of a regularly scheduled line crew, must be (1) If the certificate holder’s manual re-
seated in that crewmember’s normally as- quires the use of passengers to assist in the
signed seat for takeoff, and must remain in launching of liferafts, the needed passengers
that seat until the signal for commencement must be aboard the airplane and participate
of the demonstration is received. in the demonstration according to the man-
(13) No crewmember or passenger may be ual.
given prior knowledge of the emergency (2) A stand must be placed at each emer-
exits available for the demonstration. gency exit and wing with the top of the plat-
(14) The certificate holder may not prac- form at a height simulating the water level
tice, rehearse, or describe the demonstration of the airplane following a ditching.
for the participants nor may any participant (3) After the ditching signal has been re-
have taken part in this type of demonstra- ceived, each evacuee must don a life vest ac-
tion within the preceding 6 months. cording to the certificate holder’s manual.
(15) The pretakeoff passenger briefing re- (4) Each liferaft must be launched and in-
quired by § 125.327 may be given in accord- flated according to the certificate holder’s
ance with the certificate holder’s manual. manual and all other required emergency
The passengers may also be warned to follow equipment must be placed in rafts.
directions of crewmembers, but may not be (5) Each evacuee must enter a liferaft and
instructed on the procedures to be followed the crewmembers assigned to each liferaft
in the demonstration. must indicate the location of emergency
(16) If safety equipment as allowed by item equipment aboard the raft and describe its
(3) of this section is provided, either all pas- use.
senger and cockpit windows must be blacked (6) Either the airplane, a mockup of the
out or all of the emergency exits must have airplane, or a floating device simulating a
safety equipment to prevent disclosure of the passenger compartment must be used.
available emergency exits. (i) If a mockup of the airplane is used, it
(17) Not more than 50 percent of the emer- must be a life-size mockup of the interior
gency exits in the sides of the fuselage of an and representative of the airplane currently
spaschal on DSKJM0X7X2PROD with CFR

airplane that meet all of the requirements used by or proposed to be used by the certifi-
applicable to the required emergency exits cate holder and must contain adequate seats
for that airplane may be used for the dem- for use of the evacuees. Operation of the

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Federal Aviation Administration, DOT Pt. 125, App. D
emergency exits and the doors must closely (a) The recommended procedures for the
simulate that on the airplane. Sufficient use of the ice protection equipment must be
wing area must be installed outside the over- set forth in the Airplane Flight Manual.
the-wing exits to demonstrate the evacu- (b) An analysis must be performed to es-
ation. tablish, on the basis of the airplane’s oper-
(ii) If a floating device simulating a pas- ational needs, the adequacy of the ice protec-
senger compartment is used, it must be rep- tion system for the various components of
resentative, to the extent possible, of the
the airplane. In addition, tests of the ice pro-
passenger compartment of the airplane used
in operations. Operation of the emergency tection system must be conducted to dem-
exits and the doors must closely simulate op- onstrate that the airplane is capable of oper-
eration on that airplane. Sufficient wing ating safely in continuous maximum and
area must be installed outside the over-the- intermittent maximum icing conditions as
wing exits to demonstrate the evacuation. described in appendix C of part 25 of this
The device must be equipped with the same chapter.
survival equipment as is installed on the air- (c) Compliance with all or portions of this
plane, to accommodate all persons partici- section may be accomplished by reference,
pating in the demonstration. where applicable because of similarity of the
designs, to analyses and tests performed by
APPENDIX C TO PART 125—ICE the applicant for a type certificated model.
PROTECTION
If certification with ice protection provi-
sions is desired, compliance with the fol-
lowing must be shown:

APPENDIX D TO PART 125—AIRPLANE FLIGHT RECORDER SPECIFICATION


Accuracy sensor input to Sampling inter- Resolution 4
Parameters Range DFDR readout val (per second) read out

Time (GMT or Frame Counter) 24 Hrs .......................... ±0.125% Per Hour ................. 0.25 (1 per 4 1 sec.
(range 0 to 4095, sampled 1 seconds).
per frame).
Altitude ...................................... ¥1,000 ft to max cer- ±100 to ±700 ft (See Table 1, 1 ........................ 5′ to 35′ 1
tificated altitude of TSO-C51a).
aircraft.
Airspeed ................................... 50 KIAS to Vso, and Vso ±5%, ±3% ............................... 1 ........................ 1 kt.
to 1.2 VD.
Heading .................................... 360° ............................. ±2° .......................................... 1 ........................ 0.5°
Normal Acceleration (Vertical) ¥3g to + 6g ................. ±1% of max range excluding 8 ........................ 0.01g.
datum error of ±5%.
Pitch Attitude ............................ ±75° ............................. ±2° .......................................... 1 ........................ 0.5°.
Roll Attitude .............................. ±180° ........................... ±2° .......................................... 1 ........................ 0.5°.
Radio Transmitter Keying ......... On-Off (Discrete) ......... ................................................ 1 ........................
Thrust/Power on Each Engine Full range forward ....... ±2% ........................................ 1 ........................ 0.2% 2
Trailing Edge Flap or Cockpit Full range or each dis- ±3° or as pilot’s Indicator ....... 0.5 ..................... 0.5% 2
Control Selection. crete position.
Leading Edge Flap or Cockpit Full range or each dis- ±3° or as pilot’s indicator ....... 0.5 ..................... 0.5% 2
Control Selection. crete position.
Thrust Reverser Position .......... Stowed, in transit, and ................................................ 1 (per 4 sec-
reverse (Discrete). onds per en-
gine).
Ground Spoiler Position/Speed Full range or each dis- ±2% unless higher accuracy 1 ........................ 0.2% 2.
Brake Selection. crete position. uniquely required.
Marker Beacon Passage .......... Discrete ........................ ................................................ 1 ........................
Autopilot Engagement .............. Discrete ........................ ................................................ 1 ........................
Longitudinal Acceleration ......... ±1g ............................... ±1.5% max range excluding 4 ........................ 0.01g
datum error of ±5%.
Pilot Input and/or Surface Posi- Full range ..................... ±2° unless higher accuracy 1 ........................ 0.2% 2.
tion-Primary Controls (Pitch, uniquely required.
Roll, Yaw) 3.
Lateral Acceleration .................. ±1g ............................... ±1.5% max range excluding 4 ........................ 0.01g.
datum error of ±5%.
Pitch Trim Position ................... Full range ..................... ±3% unless higher accuracy 1 ........................ 0.3% 2
uniquely required.
spaschal on DSKJM0X7X2PROD with CFR

Glideslope Deviation ................ ±400 Microamps .......... ±3% ........................................ 1 ........................ 0.3% 2
Localizer Deviation ................... ±400 Microamps .......... ±3% ........................................ 1 ........................ 0.3% 2.
AFCS Mode and Engagement Discrete ........................ ................................................ 1 ........................
Status.

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Pt. 125, App. E 14 CFR Ch. I (1–1–21 Edition)

Accuracy sensor input to Sampling inter- Resolution 4


Parameters Range DFDR readout val (per second) read out

Radio Altitude ........................... ¥20 ft to 2,500 ft ........ ±2 Ft or ±3% Whichever is ........................... 1 ft + 5% 2


Greater Below 500 Ft and above 500′.
±5% Above 500 Ft.
Master Warning ........................ Discrete ........................ ................................................ 1 ........................
Main Gear Squat Switch Status Discrete ........................ ................................................ 1 ........................
Angle of Attack (if recorded di- As installed .................. As installed ............................. 2 ........................ 0.3% 2.
rectly).
Outside Air Temperature or ¥50 °C to + 90 °C ...... ±2 °C ...................................... 0.5 ..................... 0.3 °C
Total Air Temperature.
Hydraulics, Each System Low Discrete ........................ ................................................ 0.5 ..................... or 0.5% 2.
Pressure.
Groundspeed ............................ As Installed .................. Most Accurate Systems In- 1 ........................ 0.2% 2.
stalled (IMS Equipped Air-
craft Only).

If additional recording capacity is available, recording of the following parameters is recommended. The parameters are listed in
order of significance:

Drift Angle ................................. When available. As in- As installed ............................. 4 ........................


stalled.
Wind Speed and Direction ....... When available. As in- As installed ............................. 4 ........................
stalled.
Latitude and Longitude ............. When available. As in- As installed ............................. 4 ........................
stalled.
Brake pressure/Brake pedal As installed .................. As installed ............................. 1 ........................
position.
Additional engine parameters:
EPR ................................... As installed .................. As installed ............................. 1 (per engine) ...
N 1 ...................................... As installed .................. As installed ............................. 1 (per engine) ...
N 2 ...................................... As installed .................. As installed ............................. 1 (per engine) ...
EGT ................................... As installed .................. As installed ............................. 1 (per engine) ...
Throttle Lever Position ............. As installed .................. As installed ............................. 1 (per engine) ...
Fuel Flow .................................. As installed .................. As installed ............................. 1 (per engine) ...
TCAS:
TA ...................................... As installed .................. As installed ............................. 1 ........................
RA ..................................... As installed .................. As installed ............................. 1 ........................
Sensitivity level (as se- As installed .................. As installed ............................. 2 ........................
lected by crew).
GPWS (ground proximity warn- Discrete ........................ ................................................ 1 ........................
ing system).
Landing gear or gear selector Discrete ........................ ................................................ 0.25 (1 per 4
position. seconds).
DME 1 and 2 Distance ............. 0–200 NM; ................... As installed ............................. 0.25 ................... 1 mi.
Nav 1 and 2 Frequency Selec- Full range ..................... As installed ............................. 0.25 ...................
tion.
1 When altitude rate is recorded. Altitude rate must have sufficient resolution and sampling to permit the derivation of altitude to
5 feet.
2 Percent of full range.
3 For airplanes that can demonstrate the capability of deriving either the control input on control movement (one from the
other) for all modes of operation and flight regimes, the ‘‘or’’ applies. For airplanes with non-mechanical control systems (fly-by-
wire) the ‘‘and’’ applies. In airplanes with split surfaces, suitable combination of inputs is acceptable in lieu of recording each sur-
face separately.
4 This column applies to aircraft manufactured after October 11, 1991.

[Doc. No. 25530, 53 FR 26150, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

APPENDIX E TO PART 125—AIRPLANE FLIGHT RECORDER SPECIFICATIONS


The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

1. Time or Rel- 24 Hrs, 0 to ±0.125% Per 4 ........................ 1 sec ................. UTC time preferred when
ative Times 4095. Hour. available. Count incre-
Counts. 1. ments each 4 seconds of
system operation.
spaschal on DSKJM0X7X2PROD with CFR

2. Pressure Alti- ¥1000 ft to max ±100 to ±700 ft 1 ........................ 5′ to 35′ ............. Data should be obtained
tude. certificated alti- (see table, from the air data computer
tude of aircraft. TSO C124a or when practicable.
+ 5000 ft. TSO C51a).

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Federal Aviation Administration, DOT Pt. 125, App. E
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

3. Indicated air- 50 KIAS or min- ±5% and ±3% .... 1 ........................ 1 kt .................... Data should be obtained
speed or Cali- imum value to from the air data computer
brated airspeed. Max Vso, to 1.2 when practicable.
V.D.
4, Heading (Pri- 0–360° and Dis- ±2° ..................... 1 ........................ 0.5° .................... When true or magnetic head-
mary flight crew crete ‘‘true’’ or ing can be selected as the
reference). ‘‘mag’’. primary heading reference,
a discrete indicating selec-
tion must be recorded.
5. Normal Accel- ¥3g to + 6g ...... ±1% of max 0.125 ................. 0.004g.
eration range exclud-
(Vertical) 9. ing datum
error of ±5%.
6. Pitch Attitude .. ±75° ................... ±2° ..................... 1 or 0.25 for air- 0.5° .................... A sampling rate of 0.25 is
planes oper- recommended.
ated under
§ 125.226(f).
7. Roll Attitude 2 .. ±180° ................. ±2° ..................... 1 or 0.5 for air- 0.5° .................... A sampling rate of 0.5 is rec-
planes oper- ommended.
ated under
§ 121.344(f).
8. Manual Radio On-Off (Discrete) ........................... 1 ........................ ........................... Preferably each crew mem-
Transmitter None. ber but one discrete ac-
Keying or CVR/ ceptable for all trans-
DFDR synchro- mission provided the CVR/
nization FDR system complies with
reference ............. TSO C124a CVR synchro-
nization requirements
(paragraph 4.2.1 ED–55).
9. Thrust/Power Full Range For- ±2% ................... 1 (per engine) ... 0.3% of full Sufficient parameters (e.g.,
on each en- ward. range. EPR, N1 or Torque, NP)
gine—primary as appropriate to the par-
flight crew ref- ticular engine being re-
erence. corded to determine power
in forward and reverse
thrust, including potential
overspeed condition.
10. Autopilot En- Discrete ‘‘on’’ or ........................... 1.
gagement. ‘‘off’’.
11. Longitudinal ±1g .................... ±1.5% max. 0.25 ................... 0.004g.
Acceleration. range exclud-
ing datum
error of ±5%.
12a. Pitch con- Full range .......... ±2° unless high- 0.5 or 0.25 for 0.5% of full For airplanes that have a
trol(s) position er accuracy airplanes oper- range. flight control breakaway
(nonfly-by-wire uniquely re- ated under capability that allows either
systems) 18. quired. § 125.226(f). pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5 or 0.25, as ap-
plicable.
12b. Pitch con- Full range .......... ±2° unless high- 0.5 or 0.25 for 0.2% of full
trol(s) position er accuracy airplanes oper- range.
(fly-by-wire sys- uniquely re- ated under
tems) 3 18. quired. § 125.226(f).
13a. Lateral con- Full range .......... ±2° unless high- 0.5 or 0.25 for 0.2% of full For airplanes that have a
trol position(s) er accuracy airplanes oper- range. flight control break away
(nonfly-by- uniquely re- ated under capability that allows either
wire) 18. quired. § 125.226(f). pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
spaschal on DSKJM0X7X2PROD with CFR

ternately once per second


to produce the sampling in-
terval of 0.5 or 0.25, as ap-
plicable.

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Pt. 125, App. E 14 CFR Ch. I (1–1–21 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

13b. Lateral con- Full range .......... ±2° unless high- 0.5 or 0.25 for 0.2% of full
trol position(s) er accuracy airplanes oper- range.
(fly-by-wire) 4 18. uniquely re- ated under
quired. § 125.226(f).
14a.Yaw control Full range .......... ±2° unless high- 0.5 ..................... 0.3% of full For airplanes that have a
position(s) er accuracy range. flight control breakaway
(nonfly-by- uniquely re- capability that allows either
wire) 5 18. quired. pilot to operate the controls
independently, record both
control inputs. The control
inputs may be sampled al-
ternately once per second
to produce the sampling in-
terval of 0.5.
14b. Yaw control Full range .......... ±2° unless high- 0.5 ..................... 0.2% of full
position(s) (fly- er accuracy range.
by-wire) 18. uniquely re-
quired.
15. Pitch control Full range .......... ±2° unless high- 0.5 or 0.25 for 0.3% of full For airplanes fitted with mul-
surface(s) posi- er accuracy airplanes oper- range. tiple or split surfaces, a
tion 6 18. uniquely re- ated under suitable combination of in-
quired. § 125.226(f). puts is acceptable in lieu of
recording each surface
separately. The control
surfaces may be sampled
alternately to produce the
sampling interval of 0.5 or
0.25, as applicable.
16. Lateral control Full Range ......... ±2° unless high- 0.5 or 0.25 for 0.2% of full A suitable combination of
surface(s) posi- er accuracy airplanes oper- range. surface position sensors is
tion 7 18. uniquely re- ated under acceptable in lieu of re-
quired. § 125.226(f). cording each surface sepa-
rately. The control surfaces
may be sampled alter-
nately to produce the sam-
pling interval of 0.5 or
0.25, as applicable.
17. Yaw control Full range .......... ±2° unless high- 0.5 ..................... 0.2% of full For airplanes fitted with mul-
surface(s) posi- er accuracy range. tiple or split surfaces, a
tion 8 18. uniquely re- suitable combination of
quired. surface position sensors is
acceptable in lieu of re-
cording each surface sepa-
rately. The control surfaces
may be sampled alter-
nately to produce the sam-
pling interval of 0.5.
18. Lateral Accel- ±1g .................... ±1.5% max. 0.25 ................... 0.004g.
eration. range exclud-
ing datum
error of ±5%.
19. Pitch Trim Full Range ......... ±3° Unless High- 1 ........................ 0.6% of full
Surface Posi- er Accuracy range
tion. Uniquely Re-
quired.
20. Trailing Edge Full Range or ±3° or as Pilot’s 2 ........................ 0.5% of full Flap position and cockpit
Flap or Cockpit Each Position indicator. range. control may each be sam-
Control Selec- (discrete). pled at 4 second intervals,
tion. 10. to give a data point every
2 seconds.
21. Leading Edge Full Range or ±3° or as Pilot’s 2 ........................ 0.5% of full Left and right sides, or flap
Flap or Cockpit Each Discrete indicator and range. position and cockpit control
Control Selec- Position. sufficient to may each be sampled at 4
tion. 11. determine second intervals, so as to
spaschal on DSKJM0X7X2PROD with CFR

each discrete give a data point every 2


position. seconds.

374

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Federal Aviation Administration, DOT Pt. 125, App. E
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

22. Each Thrust Stowed, In Tran- ........................... 1 (per engine). .. ........................... Turbo-jet—2 discretes enable
Reverser Posi- sit, and Re- the 3 states to be deter-
tion (or equiva- verse (Dis- mined.
lent for pro- crete). Turbo-prop—1 discrete.
peller airplane).
23. Ground Spoil- Full Range or ±2° Unless high- 1 or 0.5 for air- 0.2% of full
er Position or Each Position er accuracy planes oper- range.
Speed Brake (discrete). uniquely re- ated under
Selection 12. quired. § 125.226(f).
24. Outside Air ¥50 °C to + 90 ±2 °C ................. 2 ........................ 0.3 °C..
Temperature or °C.
Total Air Tem-
perature. 13.
25. Autopilot/ A suitable com- ........................... 1 ........................ ........................... Discretes should show which
Autothrottle/ bination of systems are engaged and
AFCS Mode discretes. which primary modes are
and Engage- controlling the flight path
ment Status. and speed of the aircraft.
26. Radio Alti- ¥20 ft to 2,500 ±2 ft or ±3% 1 ........................ 1 ft + 5% Above For autoland/category 3 op-
tude 14. ft. Whichever is 500 ft. erations. Each radio altim-
Greater Below eter should be recorded,
500 ft and but arranged so that at
±5% above least one is recorded each
500 ft. second.
27. Localizer De- ±400 Microamps As installed. ±3% 1 ........................ 0.3% of full For autoland/category 3 op-
viation, MLS or available recommended ... range. erations. each system
Azimuth, or sensor range should be recorded but ar-
GPS Lateral as installed ranged so that at least one
Deviation. ±62°. is recorded each second. It
is not necessary to record
ILS and MLS at the same
time, only the approach aid
in use need be recorded.
28. Glideslope ±400 Microamps As installed ±3% 1 ........................ 0.3% of full For autoland/category 3 op-
Deviation, MLS or available recommended ... range. erations. each system
Elevation, or sensor range should be recorded but ar-
GPS Vertical as installed. ranged so that at least one
Deviation. 0.9 to is recorded each second. It
+ 30° .................. is not necessary to record
ILS and MLS at the same
time, only the approach aid
in use need be recorded.
29. Marker Bea- Discrete ‘‘on’’ or ........................... 1 ........................ ........................... A single discrete is accept-
con Passage. ‘‘off’’. able for all markers.
30. Master Warn- Discrete ............. ........................... 1 ........................ ........................... Record the master warning
ing. and record each ‘red’
warning that cannot be de-
termined from other pa-
rameters or from the cock-
pit voice recorder.
31. Air/ground Discrete ‘‘air’’ or ........................... 1 (0.25 rec-
sensor (primary ‘‘ground’’. ommended).
airplane system
reference nose
or main gear).
32. Angle of At- As installed ........ As Installed ....... 2 or 0.5 for air- 0.3% of full If left and right sensors are
tack (If meas- planes oper- range. available, each may be re-
ured directly). ated under corded at 4 or 1 second in-
§ 125.226(f). tervals, as appropriate, so
as to give a data point at 2
seconds or 0.5 second, as
required.
33. Hydraulic Discrete or avail- ±5% ................... 2 ........................ 0.5% of full
Pressure Low, able sensor range.
Each System. range, ‘‘low’’ or
spaschal on DSKJM0X7X2PROD with CFR

‘‘normal’’.
34. Groundspeed As Installed ....... Most Accurate 1 ........................ 0.2% of full
Systems In- range.
stalled.

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Pt. 125, App. E 14 CFR Ch. I (1–1–21 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

35. GPWS Discrete ‘‘warn- ........................... 1 ........................ ........................... A suitable combination of


(ground prox- ing’’ or ‘‘off’’. discretes unless recorder
imity warning capacity is limited in which
system). case a single discrete for
all modes is acceptable.
36. Landing Gear Discrete ............. ........................... 4 ........................ ........................... A suitable combination of
Position or discretes should be re-
Landing gear corded.
cockpit control
selection.
37. Drift Angle. 15 As installed ........ As installed ........ 4 ........................ 0.1%. .................
38. Wind Speed As installed ........ As installed ........ 4 ........................ 1 knot, and 1.0°.
and Direction.
39. Latitude and As installed ........ As installed ........ 4 ........................ 0.002°, or as in- Provided by the Primary
Longitude. stalled. Navigation System Ref-
erence. Where capacity
permits Latitude/longtitude
resolution should be
0.0002°.
40. Stick shaker Discrete(s) ‘‘on’’ ........................... 1 ........................ ........................... A suitable combination of
and pusher acti- or ‘‘off’’. discretes to determine acti-
vation. vation.
41. WIndshear Discrete ‘‘warn- ........................... 1
Detection. ing’’ or ‘‘off’’.
42. Throttle/power Full Range ......... ±2% ................... 1 for each lever 2% of full range For airplanes with non-me-
16
lever position. . chanically linked cockpit
engine controls.
43. Additional En- As installed ........ As installed ........ Each engine 2% of full range Where capacity permits, the
gine Param- each second. preferred priority is indi-
eters. cated vibration level, N2,
EGT, Fuel Flow, Fuel Cut-
off lever position and N3,
unless engine manufac-
turer recommends other-
wise.
44. Traffic Alert Discretes ........... As installed ........ 1 ........................ ....................... A suitable combination of
and Collision discretes should be re-
Avoidance Sys- corded to determine the
tem (TCAS). status of-Combined Con-
trol, Vertical Control, Up
Advisory, and Down Advi-
sory. (ref. ARINC Char-
acteristic 735 Attachment
6E, TCAS VERTICAL RA
DATA OUTPUT WORD.)
45. DME 1 and 2 0–200 NM ......... As installed ........ 4 ........................ 1 NM ................. 1 mile.
Distance.
46. Nav 1 and 2 Full range .......... As installed ........ 4 ........................ ........................... Sufficient to determine se-
Selected Fre- lected frequency
quency.
47. Selected baro- Full range .......... ±5% ................... (1 per 64 sec.) .. 0.2% of full
metric setting. range.
48. Selected Alti- Full range .......... ±5% ................... 1 ........................ 100 ft.
tude.
49. Selected Full range .......... ±5% ................... 1 ........................ 1 knot.
speed.
50. Selected Full range .......... ±5% ................... 1 ........................ .01.
Mach.
51. Selected Full range .......... ±5% ................... 1 ........................ 100 ft/min.
vertical speed.
52. Selected Full range .......... ±5% ................... 1 ........................ 1°.
heading.
53. Selected flight Full range .......... ±5% ................... 1 ........................ 1°.
spaschal on DSKJM0X7X2PROD with CFR

path.
54. Selected deci- Full range .......... ±5% ................... 64 ...................... 1 ft.
sion height.

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Federal Aviation Administration, DOT Pt. 125, App. E
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

55. EFIS display Discrete(s) ......... ........................... 4 ........................ ........................... Discretes should show the
format. display system status (e.g.,
off, normal, fail, composite,
sector, plan, nav aids,
weather radar, range,
copy).
56. Multi-function/ Discrete(s) ......... ........................... 4 ........................ ........................... Discretes should show the
Engine Alerts display system status (e.g.,
Display format. off, normal, fail, and the
identity of display pages
for emergency procedures,
need not be recorded).
57. Thrust com- Full Range ......... ±2% ................... 2 ........................ 2% of full range
mand. 17.
58. Thrust target Full range .......... ±2% ................... 4 ........................ 2% of full range.
59. Fuel quantity Full range .......... ±5% ................... (1 per 64 sec.) .. 1% of full range.
in CG trim tank.
60. Primary Navi- Discrete GPS, ........................... 4 ........................ ........................... A suitable combination of
gation System INS, VOR/ discretes to determine the
Reference. DME, MLS, Primary Navigation System
Localizer reference.
Glideslope.
61. Ice Detection Discrete ‘‘ice’’ or ........................... 4 ........................
‘‘no ice’’.
62. Engine warn- Discrete ............. ........................... 1 ........................
ing each engine
vibration.
63. Engine warn- Discrete ............. ........................... 1 ........................
ing each engine
over temp.
64. Engine warn- Discrete ............. ........................... 1 ........................
ing each engine
oil pressure low.
65. Engine warn- Discrete ............. ........................... 1 ........................
ing each engine
over speed.
66. Yaw Trim Sur- Full Range ......... ±3% Unless 2 ........................ 0.3% of full
face Position. Higher Accu- range..
racy Uniquely
Required.
67. Roll Trim Sur- Full Range ......... ±3% Unless 2 ........................ 0.3% of full
face Position. Higher Accu- range..
racy Uniquely
Required.
68. Brake Pres- As installed ........ ±5% ................... 1 ........................ ........................... To determine braking effort
sure (left and applied by pilots or by
right). autobrakes.
69. Brake Pedal Discrete or Ana- ±5% (Analog) .... 1 ........................ ........................... To determine braking applied
Application (left log ‘‘applied’’ by pilots.
and right). or ‘‘off’’.
70. Yaw or side- Full Range ......... ±5% ................... 1 ........................ 0,5°. ...................
slip angle.
71. Engine bleed Decrete ‘‘open’’ ........................... 4 ........................ ...........................
valve position. or ‘‘closed’’.
72. De-icing or Discrete ‘‘on’’ or ........................... 4 ........................ ...........................
anti-icing sys- ‘‘off’’.
tem selection.
73. Computed Full Range ......... ±5% ................... (1 per 64 sec.) .. 1% of full range.
center of gravity.
74. AC electrical Discrete ‘‘power’’ ........................... 4 ........................ ........................... Each bus.
bus status. or ‘‘off’’.
75. DC electrical Discrete ‘‘power’’ ........................... 4 ........................ ........................... Each bus.
bus status. or ‘‘off’’.
76. APU bleed Discrete ‘‘open’’ ........................... 4. .......................
valve position. or ‘‘closed.
77. Hydraulic Full range .......... ±5% ................... 2 ........................ 100 psi.
spaschal on DSKJM0X7X2PROD with CFR

Pressure (each
system).
78. Loss of cabin Discrete ‘‘loss’’ ........................... 1. .......................
pressure. or ‘‘normal’’.

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Pt. 125, App. E 14 CFR Ch. I (1–1–21 Edition)
The recorded values must meet the designated range, resolution and accuracy requirements during static and dynamic condi-
tions. Dynamic condition means the parameter is experiencing change at the maximum rate attainable, including the maximum
rate of reversal. All data recorded must be correlated in time to within one second.

Accuracy (sensor Seconds per


Parameters Range Resolution Remarks
input) sampling interval

79. Computer fail- Discrete ‘‘fail’’ or ........................... 4. .......................


ure (critical ‘‘normal’’.
flight and en-
gine control
systems).
80. Heads-up dis- Discrete(s) ‘‘on’’ ........................... 4. .......................
play (when an or ‘‘off’’.
information
source is in-
stalled).
81. Para-visual Discrete(s) ‘‘on’’ ........................... 1. .......................
display (when or ‘‘off’’.
an information
source is in-
stalled).
82. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.2% of full Where mechanical means for
control input po- range. control inputs are not avail-
sition—pitch. able, cockpit display trim
positions should be re-
corded.
83. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.7% of full Where mechanical means for
control input po- range. control inputs are not avail-
sition—roll. able, cockpit display trim
position should be re-
corded.
84. Cockpit trim Full Range ......... ±5% ................... 1 ........................ 0.3% of full Where mechanical means for
control input po- range. control input are not avail-
sition—yaw. able, cockpit display trim
positions should be re-
corded.
85. Trailing edge Full Range ......... ±5% ................... 2 ........................ 0.5% of full Trailing edge flaps and cock-
flap and cockpit range. pit flap control position
flap control po- may each be sampled al-
sition. ternately at 4 second inter-
vals to provide a sample
each 0.5 second.
86. Leading edge Full Range or ±5% ................... 1 ........................ 0.5% of full
flap and cockpit Discrete. range.
flap control po-
sition.
87. Ground spoil- Full Range or ±5% ................... 0.5 ..................... 0.3% of full
er position and Discrete. range
speed brake se-
lection.
88. All cockpit Full range ±5% ................... 1 ........................ 0.3% of full For fly-by-wire flight control
flight control Control wheel range. systems, where flight con-
input forces ±70 lbs. trol surface position is a
(control wheel, Control column function of the displace-
control column, ±85 lbs. ment of the control input
rudder Rudder pedal device only, it is not nec-
pedal) 18 19. ±165 lbs. essary to record this pa-
rameter. For airplanes that
have a flight control break
away capability that allows
either pilot to operate the
control independently,
record both control force
inputs. The control force
inputs may be sampled al-
ternately once per 2 sec-
onds to produce the sam-
pling interval of 1.
89. Yaw damper Discrete (on/off) 0.5 .....................
status.
90. Yaw damper Full range .......... As installed ........ 0.5 ..................... 1% of full range.
command.
spaschal on DSKJM0X7X2PROD with CFR

91. Standby rud- Discrete ............. 0.5 .....................


der valve status.
1 For A300 B2/B4 airplanes, resolution = 6 seconds.

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Federal Aviation Administration, DOT Pt. 129
2 For A330/A340 series airplanes, resolution = 0.703°.
3 For A318/A319/A320/A321 series airplanes, resolution = 0.275% (0.088°>0.064°)
For A330/A340 series airplanes, resolution = 2.20% (0.703°>0.064°)
4 For A318/A319/A320/A321 series airplanes, resolution = 0.22% (0.088°>0.080°)
For A330/A340 series airplanes, resolution = 1.76% (0.703°>0.080°)
5 For A330/A340 series airplanes, resolution = 1.18% (0.703° >0.120°).
For A330/A340 series airplanes, seconds per sampling interval = 1.
6 For A330/A340 series airplanes, resolution = 0.783% (0.352°>0.090°)
7 For A330/A340 series airplanes, aileron resolution = 0.704% (0.352°>0.100°). For A330/A340 series airplanes, spoiler resolu-
tion = 1.406% (0.703°>0.100°).
8 For A330/A340 series airplanes, resolution = 0.30% (0.176°>0.12°)
For A330/A340 series airplanes, seconds per sampling interval = 1
9 For B–717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g.
10 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°)
11 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A330 B2/B4 series airplanes, resolution = 0.92%
(0.230°>0.125°).
12 For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°).
13 For A330/A340 series airplanes, resolution = 0.5°C.
14 For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft.
15 For A330/A340 series airplanes, resolution = 0.352 degrees.
16 For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full
range for throttle lever angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active
reverse thrust range, which is 51.54 degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire ac-
tive reverse thrust range, or 2.9% of the full range value of 96.14 degrees.
17 For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.
18 For all aircraft manufactured on or after December 6, 2010, the seconds per sampling interval is 0.125. Each input must be
recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited.
19 For all 737 model airplanes manufactured between August 19, 2000, and April 6, 2010: The seconds per sampling interval
is 0.5 per control input; the remarks regarding the sampling rate do not apply; a single control wheel force transducer installed on
the left cable control is acceptable provided the left and right control wheel positions also are recorded.

[Doc. No. 28109, 62 FR 38390, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended by Amdt.
125–32, 64 FR 46121, Aug. 24, 1999; 65 FR 2295, Jan. 14, 2000; Amdt. 125–32, 65 FR 2295, Jan. 14,
2000; Amdt. 125–34, 65 FR 51745, Aug. 24, 2000; 65 FR 81735, Dec. 27, 2000; Amdt. 125–39, 67 FR
54323, Aug. 21, 2002; Amdt. 125–42, 68 FR 42937, July 18, 2003; 68 FR 50069, Aug. 20, 2003; 68 FR
53877, Sept. 15, 2003; Amdt. 125–54, 73 FR 12568, Mar. 7, 2008; Amdt. 125–56, 73 FR 73180, Dec. 2,
2008; Amdt. 125–60, 75 FR 17046, Apr. 5, 2010; Amdt. 125–59, 75 FR 7357, Feb. 19, 2010; Amdt. 125–
62, 78 FR 39971, July 3, 2013; Docket FAA–2017–0733, Amdt. 125–67, 82 FR 34399, July 25, 2017]

PART 129—OPERATIONS: FOREIGN 129.22 Communication and navigation


equipment for rotorcraft operations
AIR CARRIERS AND FOREIGN OP- under VFR over routes navigated by pi-
ERATORS OF U.S.-REGISTERED lotage.
AIRCRAFT ENGAGED IN COM- 129.23 Transport category cargo service air-
MON CARRIAGE planes: Increased zero fuel and landing
weights.
Sec. 129.24 Cockpit voice recorders.
SPECIAL FEDERAL AVIATION REGULATION NO. 129.25 Airplane security.
97 [NOTE] 129.28 Flightdeck security.
129.29 Smoking prohibitions.
Subpart A—General
Subpart B—Continued Airworthiness and
129.1 Applicability and definitions. Safety Improvements
129.5 Operations specifications.
129.7 Application, issuance, or denial of op- 129.101 Purpose and definition.
erations specifications. 129.103 [Reserved]
129.9 Contents of operations specifications. 129.105 Aging airplane inspections and
129.11 Amendment, suspension and termi-
records reviews for U.S.- registered mul-
nation of operations specifications.
tiengine aircraft.
129.13 Airworthiness and registration cer-
tificates. 129.107 Repairs assessment for pressurized
129.14 Maintenance program and minimum fuselages.
equipment list requirements for U.S.-reg- 129.109 Supplemental inspections for U.S.-
istered aircraft. registered aircraft.
129.15 Flightcrew member certificates. 129.111 Electrical wiring interconnection
129.17 Aircraft communication and naviga- systems (EWIS) maintenance program.
tion equipment for operations under IFR 129.113 Fuel tank system maintenance pro-
or over the top. gram.
129.18 Collision Avoidance System.
spaschal on DSKJM0X7X2PROD with CFR

129.115 Limit of validity.


129.19 Air traffic rules and procedures. 129.117 Flammability reduction means.
129.20 Digital flight data recorders. 129.119 Fuel tank vent explosion protection.
129.21 Control of traffic.

379

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Pt. 129, SFAR No. 97, Nt. 14 CFR Ch. I (1–1–21 Edition)

Subpart C—Special Federal Aviation § 129.5 Operations specifications.


Regulations
(a) Each foreign air carrier con-
129.201 SFAR No. 111—Lavatory Oxygen ducting operations within the United
Systems. States, and each foreign air carrier or
APPENDIX A TO PART 129 [RESERVED] foreign person operating U.S.-reg-
AUTHORITY: 49 U.S.C. 1372, 40113, 40119, istered aircraft solely outside the
44101, 44701–44702, 44705, 44709–44711, 44713, United States in common carriage
44716–44717, 44722, 44901–44904, 44906, 44912,
46105, Pub. L. 107–71 sec. 104.
must conduct its operations in accord-
ance with operations specifications
SOURCE: Docket No. 1994, 29 FR 1720, Feb. 5, issued by the Administrator under this
1964, unless otherwise noted.
part.
SPECIAL FEDERAL AVIATION REGULATION (b) Each foreign air carrier con-
NO. 97 ducting operations within the United
States must conduct its operations in
EDITORIAL NOTE: For the text of SFAR No. accordance with the Standards con-
97, see part 91 of this chapter. tained in Annex 1 (Personnel Licens-
ing), Annex 6 (Operation of Aircraft),
Subpart A—General Part I (International Commercial Air
Transport—Aeroplanes) or Part III
§ 129.1 Applicability and definitions. (International Operations—Heli-
(a) Foreign air carrier operations in the copters), as appropriate, and in Annex 8
United States. This part prescribes rules (Airworthiness of Aircraft) to the Con-
governing the operation within the vention on International Civil Avia-
United States of each foreign air car- tion.
rier holding the following: (c) No foreign air carrier may operate
(1) A permit issued by the U.S. De- to or from locations within the United
partment of Transportation under 49
States without, or in violation of, ap-
U.S.C. 41301 through 41306, or
propriate operations specifications.
(2) Other appropriate economic or ex-
emption authority issued by the U.S. (d) No foreign air carrier or foreign
Department of Transportation. person shall operate U.S.-registered
(b) Operations of U.S.-registered air- aircraft solely outside the United
craft solely outside the United States. In States in common carriage without, or
addition to the operations specified in violation of, appropriate operations
under paragraph (a) of this section, specifications.
§§ 129.5, 129.7, 129.9, 129.11, 129.14, 129.20 (e) Each foreign air carrier must keep
and 129.24, and subpart B of this part each of its employees and other persons
also apply to operations of U.S.-reg- used in its operations informed of the
istered aircraft operated solely outside provisions of its operations specifica-
the United States in common carriage tions that apply to that employee’s or
by a foreign person or foreign air car- person’s duties and responsibilities.
rier. (f) Operations specifications issued
(c) Definitions. For the purpose of this under this part are effective until—
part— (1) The foreign air carrier or foreign
(1) Foreign person means any person person surrenders them to the FAA;
who is not a citizen of the United
(2) The Administrator suspends or
States and who operates a U.S.-reg-
terminates the operations specifica-
istered aircraft in common carriage
tions; or
solely outside the United States.
(2) Years in service means the calendar (3) The operations specifications are
time elapsed since an aircraft was amended as provided in § 129.11.
issued its first U.S. or first foreign air- (g) Within 30 days after a foreign air
worthiness certificate. carrier or foreign person terminates
operations under part 129 of this sub-
[Doc. No. FAA–1999–5401, 67 FR 72762, Dec. 6,
2002, as amended by Amdt. 129–43, 72 FR
chapter, the operations specifications
spaschal on DSKJM0X7X2PROD with CFR

63413, Nov. 8, 2007; Amdt. 129–45, 73 FR 12570, must be surrendered by the foreign air
Mar. 7, 2008; Amdt. 129–45, 74 FR 32801, July carrier or foreign person to the respon-
9, 2009; Amdt. 129–49, 76 FR 7489, Feb. 10, 2011] sible Flight Standards office.

380

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Federal Aviation Administration, DOT § 129.9

(h) No person operating under this § 129.9 Contents of operations speci-


part may operate or list on its oper- fications.
ations specifications any airplane list- (a) The contents of operations speci-
ed on operations specifications issued fications issued to a foreign air carrier
under part 125 of this chapter. conducting operations within the
[Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, United States under § 129.1(a) shall in-
2011, as amended by Docket FAA–2018–0119, clude:
Amdt. 129–53, 83 FR 9174, Mar. 5, 2018] (1) The specific location and mailing
address of the applicant’s principal
§ 129.7 Application, issuance, or denial place of business in the State of the
of operations specifications. Operator and, if different, the address
(a) A foreign air carrier or foreign that will serve as the primary point of
person applying to the FAA for oper- contact for correspondence between the
ations specifications under this part FAA and the foreign air carrier;
must submit an application— (2) Within 1 year after February 10,
(1) In a form and manner prescribed 2011, the designation of an agent for
by the Administrator; and service within the United States, in-
(2) At least 90 days before the in- cluding the agent’s full name and office
tended date of operation. address or usual place of residence;
(b) An authorized officer or employee (3) The certificate number and valid-
of the applicant, having knowledge of ity of the foreign air carrier’s Air Oper-
the matters stated in the application, ator Certificate issued by the State of
must sign the application and certify the Operator;
in writing that the statements in the (4) Each regular and alternate airport
application are true. The application to be used in scheduled operations;
must include two copies of the appro- (5) The type of aircraft and registra-
priate written authority issued to that tion markings of each aircraft;
officer or employee by the applicant. (6) The approved maintenance pro-
(c) A foreign applicant may be issued gram and minimum equipment list for
operations specifications, if after re- United States registered aircraft au-
view, the Administrator finds the ap- thorized for use; and
plicant— (7) Any other item the Administrator
(1) Meets the applicable requirements determines is necessary.
of this part; (b) The contents of operations speci-
(2) Holds the economic or exemption fications issued to a foreign air carrier
authority required by the Department or foreign person operating U.S.-reg-
of Transportation, applicable to the op- istered aircraft solely outside the
erations to be conducted; United States in common carriage in
(3) Complies with the applicable secu- accordance with § 129.1(b) shall in-
clude—
rity requirements of 49 CFR chapter
XII; (1) The specific location and mailing
address of the principal place of busi-
(4) Is properly and adequately
ness in the State of the Operator and,
equipped to conduct the operations de-
if different, the address that will serve
scribed in the operations specifica-
as the primary point of contact for cor-
tions; and
respondence between the FAA and the
(5) Holds a valid air operator certifi- foreign air carrier or foreign person;
cate issued by the State of the Oper-
(2) Within 1 year after February 10,
ator.
2011, the designation of an agent for
(d) An application may be denied if service within the United States, in-
the Administrator finds that the appli- cluding the agent’s full name and office
cant is not properly or adequately address or usual place of residence;
equipped to conduct the operations to
(3) In the case of a foreign air carrier,
be described in the operations speci- the certificate number and validity of
spaschal on DSKJM0X7X2PROD with CFR

fications. the foreign air carrier’s Air Operator


[Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, Certificate issued by the State of the
2011] Operator;

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§ 129.11 14 CFR Ch. I (1–1–21 Edition)

(4) Any other business names under ards office notifies the foreign air car-
which the foreign air carrier or foreign rier or foreign person of—
person may operate; (i) The adoption of the proposed
(5) The type, registration markings, amendment, suspension or termi-
and serial number of each United nation;
States registered aircraft authorized (ii) The partial adoption of the pro-
for use; posed amendment, suspension or termi-
(6) The approved maintenance pro- nation; or
gram and minimum equipment list for
(iii) The withdrawal of the proposed
United States registered aircraft au-
thorized for use; and amendment, suspension or termi-
(7) Any other item the Administrator nation.
determines is necessary. (4) If the responsible Flight Stand-
ards office issues an action to amend,
[Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, suspend or terminate the operations
2011; Amdt. 129–49–A, 76 FR 15212, Mar. 21,
2011] specifications, it becomes effective not
less than 30 days after the foreign air
§ 129.11 Amendment, suspension and carrier or foreign person receives no-
termination of operations specifica- tice of it unless—
tions. (i) The responsible Flight Standards
(a) The Administrator may amend office finds under paragraph (g) of this
any operations specifications issued section that there is an emergency re-
under this part if— quiring immediate action with respect
(1) The Administrator determines to safety in air commerce; or
that safety in air commerce and the (ii) The foreign air carrier or foreign
public interest require the amendment; person petitions for reconsideration of
or the amendment, suspension or termi-
(2) The foreign air carrier or foreign nation under paragraph (e) of this sec-
person applies for an amendment, and
tion.
the Administrator determines that
(d) When the foreign air carrier or
safety in air commerce and the public
interest allows the amendment. foreign person applies for an amend-
(b) The Administrator may suspend ment to its operations specifications,
or terminate any operations specifica- the following procedure applies:
tions issued under this part if the Ad- (1) The foreign air carrier or foreign
ministrator determines that safety in person must file an application to
air commerce and the public interest amend its operations specifications—
require the suspension or termination; (i) At least 90 days before the date
(c) Except as provided in paragraphs proposed by the applicant for the
(f) and (g) of this section, when the Ad- amendment to become effective in
ministrator initiates an action to cases of mergers; acquisitions of airline
amend, suspend or terminate a foreign operational assets that require an addi-
air carrier or foreign person’s oper- tional showing to Department of
ations specifications, the following Transportation for economic author-
procedure applies: ity; major changes in the type of oper-
(1) The responsible Flight Standards ation; and resumption of operations
office notifies the foreign air carrier or following a suspension of operations as
foreign person in writing of the pro- a result of bankruptcy actions, unless a
posed amendment, suspension or termi- shorter time is approved by the Admin-
nation.
istrator.
(2) The responsible Flight Standards
office sets a reasonable period (but not (ii) At least 30 days before the date
less than 7 days) within which the for- proposed by the applicant for the
eign air carrier or foreign person may amendment to become effective in all
submit written information, views, and other cases.
arguments on the amendment, suspen- (2) The application must be sub-
spaschal on DSKJM0X7X2PROD with CFR

sion or termination. mitted to the responsible Flight Stand-


(3) After considering all material pre- ards office in a form and manner pre-
sented, the responsible Flight Stand- scribed by the Administrator.

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Federal Aviation Administration, DOT § 129.14

(3) After considering all material pre- ment, suspension or termination effec-
sented, the responsible Flight Stand- tive on the day the foreign air carrier
ards office notifies the foreign air car- or foreign person receives notice of it.
rier or foreign person of— In the notice to the foreign air carrier
(i) The adoption of the applied for or foreign person, the responsible
amendment; Flight Standards office will articulate
(ii) The partial adoption of the ap- the reasons for its finding that an
plied for amendment; or emergency exists requiring immediate
(iii) The denial of the applied for action with respect to safety in air
amendment. transportation or air commerce or that
(4) If the responsible Flight Stand- makes it impracticable or contrary to
ards office approves the amendment, the public interest to stay the effec-
following coordination with the foreign tiveness of the amendment, suspension
air carrier or foreign person regarding or termination.
its implementation, the amendment is
[Doc. No. FAA–2009–0140, 76 FR 7490, Feb. 10,
effective on the date the responsible 2011, as amended by Docket FAA–2018–0119,
Flight Standards office approves it. Amdt. 129–53, 83 FR 9174, Mar. 5, 2018]
(e) The foreign air carrier or foreign
person may petition for reconsider- § 129.13 Airworthiness and registra-
ation of a full or partial adoption of an tion certificates.
amendment, a denial of an amendment
(a) No foreign air carrier may operate
or a suspension or termination of oper-
any aircraft within the United States
ations specifications.
unless that aircraft carries a current
(f) When a foreign air carrier or for-
registration certificate and displays
eign person seeks reconsideration of a
the nationality and registration mark-
decision from the responsible Flight
ings of the State of Registry, and an
Standards office concerning the
airworthiness certificate issued or vali-
amendment, suspension or termination
dated by:
of operations specifications, the fol-
lowing procedure applies: (1) The State of Registry; or
(1) The foreign air carrier or foreign (2) The State of the Operator, pro-
person must petition for reconsider- vided that the State of the Operator
ation of that decision within 30 days and the State of Registry have entered
after the date that the foreign air car- into an agreement under Article 83bis
rier or foreign person receives a notice of the Convention on International
of the decision. Civil Aviation that covers the aircraft.
(2) The foreign air carrier or foreign (b) No foreign air carrier may operate
person must address its petition to the a foreign aircraft within the United
Executive Director, Flight Standards States except in accordance with the
Service. limitations on maximum certificated
(3) A petition for reconsideration, if weights prescribed for that aircraft and
filed within the 30-day period, suspends that operation by the country of manu-
the effectiveness of any amendment, facture of the aircraft.
suspension or termination issued by [Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as
the responsible Flight Standards office amended by Amdt. 129–33, 67 FR 42455, June
unless the responsible Flight Standards 21, 2002; Amdt. 129–49, 76 FR 7490, Feb. 10,
office has found, under paragraph (g) of 2011]
this section, that an emergency exists
requiring immediate action with re- § 129.14 Maintenance program and
spect to safety in air transportation or minimum equipment list require-
air commerce. ments for U.S.-registered aircraft.
(g) If the responsible Flight Stand- (a) Each foreign air carrier and each
ards office finds that an emergency ex- foreign person operating a U.S.-reg-
ists requiring immediate action with istered aircraft within or outside the
respect to safety in air commerce or United States in common carriage
air transportation that makes the pro- must ensure that each aircraft is main-
spaschal on DSKJM0X7X2PROD with CFR

cedures set out in this section imprac- tained in accordance with a program
ticable or contrary to the public inter- approved by the Administrator in the
est, that office may make the amend- operations specifications.

383

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§ 129.15 14 CFR Ch. I (1–1–21 Edition)

(b) No foreign air carrier or foreign list and the operations specification
person may operate a U.S.-registered authorizing the use of the list.
aircraft with inoperable instruments or [Doc. No. 24856, 52 FR 20029, May 28, 1987, as
equipment unless the following condi- amended by Amdt. 129–49, 76 FR 7490, Feb. 10,
tions are met: 2011; Docket FAA–2018–0119, Amdt. 129–53, 83
(1) A master minimum equipment list FR 9174, Mar. 5, 2018]
exists for the aircraft type.
(2) The foreign operator submits for § 129.15 Flightcrew member certifi-
cates.
review and approval its aircraft min-
imum equipment list based on the mas- Each person acting as a flightcrew
ter minimum equipment list, to the re- member must hold a certificate or li-
sponsible Flight Standards office for cense that shows the person’s ability to
the operator. The foreign operator perform duties in connection with the
must show, before minimum equipment operation of the aircraft. The certifi-
list approval can be obtained, that the cate or license must have been issued
maintenance procedures used under its or rendered valid by:
maintenance program are adequate to (a) The State in which the aircraft is
support the use of its minimum equip- registered; or
ment list. (b) The State of the Operator, pro-
vided that the State of the Operator
(3) For leased aircraft maintained
and the State of Registry have entered
and operated under a U.S. operator’s
into an agreement under Article 83bis
continuous airworthiness maintenance
of the Convention on International
program and FAA-approved minimum
Civil Aviation that covers the aircraft.
equipment list, the foreign operator
submits the U.S. operator’s approved [Doc. No. FAA–2009–0140; 76 FR 7491, Feb. 10,
continuous airworthiness maintenance 2011]
program and approved aircraft min-
§ 129.17 Aircraft communication and
imum equipment list to the FAA office navigation equipment for oper-
prescribed in paragraph (b)(2) of this ations under IFR or over the top.
section for review and evaluation. The
foreign operator must show that it is (a) Aircraft navigation equipment re-
quirements—General. No foreign air car-
capable of operating under the lessor’s
rier may conduct operations under IFR
approved maintenance program and
or over the top unless—
that it is also capable of meeting the
(1) The en route navigation aids nec-
maintenance and operational require-
essary for navigating the aircraft along
ments specified in the lessor’s approved
the route (e.g., ATS routes, arrival and
minimum equipment list.
departure routes, and instrument ap-
(4) The FAA operations specification proach procedures, including missed
permitting the operator to use an ap- approach procedures if a missed ap-
proved minimum equipment list is car- proach routing is specified in the pro-
ried aboard the aircraft. An approved cedure) are available and suitable for
minimum equipment list, as authorized use by the aircraft navigation equip-
by the operations specifications, con- ment required by this section;
stitutes an approved change to the (2) The aircraft used in those oper-
type design without requiring recertifi- ations is equipped with at least the fol-
cation. lowing—
(5) The approved minimum equip- (i) Except as provided in paragraph
ment list provides for the operation of (c) of this section, two approved inde-
the aircraft with certain instruments pendent navigation systems suitable
and equipment in an inoperable condi- for navigating the aircraft along the
tion. route to be flown within the degree of
(6) The aircraft records available to accuracy required for ATC;
the pilot must include an entry de- (ii) One marker beacon receiver pro-
scribing the inoperable instruments viding visual and aural signals; and
and equipment. (iii) One ILS receiver; and
spaschal on DSKJM0X7X2PROD with CFR

(7) The aircraft is operated under all (3) Any RNAV system used to meet
applicable conditions and limitations the navigation equipment require-
contained in the minimum equipment ments of this section is authorized in

384

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Federal Aviation Administration, DOT § 129.20

the foreign air carrier’s operations COLLISION AVOIDANCE SYSTEMS


specifications.
If you operate in the
(b) Aircraft communication equipment United States any Then you must operate that airplane
with:
requirements. No foreign air carrier may . . .
operate an aircraft under IFR or over (a) Turbine-powered (1) An appropriate class of Mode S
the top, unless it is equipped with— airplane of more transponder that meets Technical
(1) At least two independent commu- than 33,000 Standard Order (TSO) C–112, or a
pounds maximum later version, and one of the
nication systems necessary under nor- certificated take- followign approved units;
mal operating conditions to fulfill the off weight. (i) TCAS II that meets TSO C–119b
functions specified in § 121.347(a) of this (version 7.0), or takeoff weight a
later version.
chapter; and (ii) TCAS II that meets TSO C–119a
(2) At least one of the communica- (version 6.04A Enhanced) that was
tion systems required by paragraph installed in that airplane before May
1, 2003. If that TCAS II version
(b)(1) of this section must have two- 6.04A Enhanced no longer can be
way voice communication capability. repaired to TSO C–119a standards,
(c) Use of a single independent naviga- it must be replaced with a TCAS II
that meets TSO C–119b (version
tion system for operations under IFR or 7.0), or a later version.
over the top. Notwithstanding the re- (iii) A collision avoidance system equiv-
quirements of paragraph (a)(2)(i) of this alent to TSO C–119b (version 7.0),
or a later version, capable of coordi-
section, the aircraft may be equipped nating with units that meet TSO C–
with a single independent navigation 119a (version 6.04A Enhanced), or a
later version.
system suitable for navigating the air-
(b) Turbine-powered (1) TCAS I that meets TSO C–118, or
craft along the route to be flown with- airplane with a a later version, or
in the degree of accuracy required for passenger-seat (2) A collision avoidance system equiv-
ATC if: configuration, ex- alent to excluding any TSO C–118,
cluding any pilot or a later version, or
(1) It can be shown that the aircraft seat, or 10–30 (3) A collision avoidance system and
is equipped with at least one other seats. Mode S transponder that meet para-
independent navigation system suit- graph (a)(1) of this section.

able, in the event of loss of the naviga-


tion capability of the single inde- [Doc. No. FAA–2001–10910, 68 FR 15903, Apr. 1,
pendent navigation system permitted 2003]
by this paragraph at any point along
the route, for proceeding safely to a § 129.19 Air traffic rules and proce-
dures.
suitable airport and completing an in-
strument approach; and (a) Each pilot must be familiar with
(2) The aircraft has sufficient fuel so the applicable rules, the navigational
that the flight may proceed safely to a and communications facilities, and the
suitable airport by use of the remain- air traffic control and other proce-
ing navigation system, and complete dures, of the areas to be traversed by
an instrument approach and land. him within the United States.
(d) VOR navigation equipment. If VOR (b) Each foreign air carrier shall es-
navigation equipment is required by tablish procedures to assure that each
paragraph (a) or (c) of this section, no of its pilots has the knowledge required
foreign air carrier may operate an air- by paragraph (a) of this section and
shall check the ability of each of its pi-
craft unless it is equipped with at least
lots to operate safely according to ap-
one approved DME or suitable RNAV
plicable rules and procedures.
system.
(c) Each foreign air carrier shall con-
[Doc. No. FAA–2002–14002, 72 FR 31683, June 7, form to the practices, procedures, and
2007] other requirements prescribed by the
Administrator for U.S. air carriers for
§ 129.18 Collision avoidance system. the areas to be operated in.
Effective January 1, 2005, any air-
plane you, as a foreign air carrier, op- § 129.20 Digital flight data recorders.
spaschal on DSKJM0X7X2PROD with CFR

erate under part 129 must be equipped No person may operate an aircraft
and operated according to the fol- under this part that is registered in the
lowing table: United States unless it is equipped

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§ 129.21 14 CFR Ch. I (1–1–21 Edition)

with one or more approved flight re- routes that can be navigated by pilot-
corders that use a digital method of re- age unless that rotorcraft is equipped
cording and storing data and a method with—
of readily retrieving that data from the (1) Radio communication equipment
storage medium. The flight data re- necessary under normal operating con-
corder must record the parameters ditions to fulfill the functions specified
that would be required to be recorded if in paragraph (a) of this section; and
the aircraft were operated under part
(2) Navigation equipment suitable for
121, 125, or 135 of this chapter, and must
the route to be flown.
be installed by the compliance times
required by those parts, as applicable [Doc. No. FAA–2002–14002, 72 FR 31683, June 7,
to the aircraft. 2007]
[Doc. No. 28109, 62 FR 38396, July 17, 1997]
§ 129.23 Transport category cargo
§ 129.21 Control of traffic. service airplanes: Increased zero
fuel and landing weights.
(a) Subject to applicable immigration
laws and regulations, each foreign air (a) Notwithstanding the applicable
carrier must furnish sufficient per- structural provisions of the transport
sonnel necessary to provide two-way category airworthiness regulations,
voice communications between its air- but subject to paragraphs (b) through
craft and stations at places where the (g) of this section, a foreign air carrier
FAA finds that communication is nec- may operate (for cargo service only)
essary but cannot be maintained in a any of the following transport category
language with which station operators airplanes (certificated under part 4b of
are familiar. the Civil Air Regulations effective be-
(b) Each person furnished by a for- fore March 13, 1956) at increased zero
eign air carrier under paragraph (a) of fuel and landing weights—
this section must be able to speak (1) DC–6A, DC–6B, DC–7B, and DC–7C;
English and the language necessary to and
maintain communications with its air-
(2) L–1049 B, C, D, E, F, G, and H, and
craft and must assist station operators
in directing traffic. the L–1649A when modified in accord-
ance with supplemental type certifi-
[Doc. No. FAA–2002–14002, 72 FR 31683, June 7, cate SA 4–1402.
2007]
(b) The zero fuel weight (maximum
§ 129.22 Communication and naviga- weight of the airplane with no dispos-
tion equipment for rotorcraft oper- able fuel and oil) and the structural
ations under VFR over routes navi- landing weight may be increased be-
gated by pilotage. yond the maximum approved in full
(a) No foreign air carrier may operate compliance with applicable rules only
a rotorcraft under VFR over routes if the Administrator finds that—
that can be navigated by pilotage un- (1) The increase is not likely to re-
less the rotorcraft is equipped with the duce seriously the structural strength;
radio communication equipment nec- (2) The probability of sudden fatigue
essary under normal operating condi- failure is not noticeably increased;
tions to fulfill the following:
(3) The flutter, deformation, and vi-
(1) Communicate with at least one
bration characteristics do not fall
appropriate station from any point on
the route; below those required by applicable reg-
(2) Communicate with appropriate air ulations; and
traffic control facilities from any point (4) All other applicable weight limi-
within Class B, Class C, or Class D air- tations will be met.
space, or within a Class E surface area (c) No zero fuel weight may be in-
designated for an airport in which creased by more than five percent, and
flights are intended; and the increase in the structural landing
(3) Receive meteorological informa- weight may not exceed the amount, in
spaschal on DSKJM0X7X2PROD with CFR

tion from any point en route. pounds, of the increase in zero fuel
(b) No foreign air carrier may operate weight.
a rotorcraft at night under VFR over

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Federal Aviation Administration, DOT § 129.28

(d) Each airplane must be inspected carrier covered by § 129.1(a), may oper-
in accordance with the approved spe- ate:
cial inspection procedures, for oper- (1) A passenger carrying transport
ations at increased weights, estab- category airplane within the United
lished and issued by the manufacturer States, except for overflights, unless
of the type of airplane. the airplane is equipped with a door be-
(e) A foreign air carrier may not op- tween the passenger and pilot compart-
erate an airplane under this section un- ment that incorporates features to re-
less the country of registry requires strict the unwanted entry of persons
the airplane to be operated in accord- into the flightdeck that are operable
ance with the passenger-carrying from the flightdeck only; or
transport category performance oper- (2) A transport category all-cargo
ating limitations in part 121 or the airplane within the United States, ex-
equivalent. cept for overflights, that has a door in-
(f) The Airplane Flight Manual for stalled between the pilot compartment
each airplane operated under this sec- and any other occupied compartment
tion must be appropriately revised to on or after June 21, 2002, unless the
include the operating limitations and door incorporates features to restrict
information needed for operation at the unwanted entry of persons into the
the increased weights. flightdeck that are operable from the
(g) Each airplane operated at an in- flightdeck only.
creased weight under this section (b) To the extent necessary to meet
must, before it is used in passenger the requirements of paragraph (a) of
service, be inspected under the special this section, the requirements of
inspection procedures for return to pas- § 129.13(a) to maintain airworthiness
senger service established and issued certification are waived until April 9,
by the manufacturer and approved by 2003. After that date, the requirements
the Administrator. of § 129.13(a) apply in full.
[Doc. No. 6403, 29 FR 19098, Dec. 30, 1964] (c) After April 9, 2003, except for a
newly manufactured airplane on a non-
§ 129.24 Cockpit voice recorders. revenue delivery flight, no foreign air
No person may operate an aircraft carrier covered by § 129.1(a) may oper-
under this part that is registered in the ate a passenger carrying transport cat-
United States unless it is equipped egory airplane, or a transport category
with an approved cockpit voice re- all-cargo airplane that has a door in-
corder that meets the standards of stalled between the pilot compartment
TSO–C123a, or later revision. The cock- and any other occupied compartment
pit voice recorder must record the in- on or after June 21, 2002, within the
formation that would be required to be United States, except for overflights,
recorded if the aircraft were operated unless the airplane’s flightdeck door
under part 121, 125, or 135 of this chap- installation meets the requirements of
ter, and must be installed by the com- paragraphs (c)(1) and(2) of this section
pliance times required by that part, as or an alternative standard found ac-
applicable to the aircraft. ceptable to the Administrator.
(1) Except for a newly manufactured
[Doc. No. FAA–2005–20245, 73 FR 12570, Mar. 7,
airplane on a non-revenue delivery
2008]
flight, no foreign air carrier covered by
§ 129.25 Airplane security. § 129.1(a) may operate:
(i) After April 9, 2003, a passenger
Foreign air carriers conducting oper-
carrying transport category airplane
ations under this part must comply
within the United States, except on
with the applicable security require-
overflights, unless the airplane’s
ments in 49 CFR chapter XII.
flightdeck door installation meets the
[67 FR 8350, Feb. 22, 2002] requirements of paragraphs (c)(2) and
(c)(3) of this section or an alternative
§ 129.28 Flightdeck security. standard found acceptable to the Ad-
spaschal on DSKJM0X7X2PROD with CFR

(a) After August 20, 2002, except for a ministrator.


newly manufactured airplane on a non- (ii) After October 1, 2003, a transport
revenue delivery flight, no foreign air category all-cargo airplane that had a

387

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§ 129.29 14 CFR Ch. I (1–1–21 Edition)

door installed between the pilot com- (3) No person may admit any person
partment and any other occupied com- to the flight deck of an airplane unless
partment on or after June 21, 2002, the person being admitted is—
within the United States, except on (i) A crewmember,
overflights, unless the airplane’s (ii) An inspector of the civil aviation
flightdeck door installation meets the authority responsible for oversight of
requirements of paragraphs (c)(2) and the part 129 operator, or
(c)(3) of this section or an alternative (iii) Any other person authorized by
standard found acceptable to the Ad- the civil aviation authority responsible
ministrator; or the operator must im- for oversight of the part 129 operator.
plement a security program approved (e) The requirements of paragraph (a)
by the Transportation Security Admin- through (d) except (d)(3), do not apply
istration (TSA) for the operation of all to transport category passenger car-
airplanes in that operator’s fleet. rying airplanes originally type certifi-
(2) The door must resist forcible in- cated with a maximum passenger seat-
trusion by unauthorized persons and be ing configuration of 19 seats or less, or
capable of withstanding impacts of 300 to all-cargo airplanes with a payload
joules (221.3 foot-pounds) at the critical capacity of 7,500 pounds or less.
locations on the door, as well as a 1,113-
newton (250 pounds) constant tensile [Doc. No. FAA–2002–12504, 67 FR 79824, Dec.
30, 2002, as amended by Amdt. 129–38, 68 FR
load on the knob or handle, and
42882, July 18, 2003]
(3) The door must resist penetration
by small arms fire and fragmentation § 129.29 Smoking prohibitions.
devices to a level equivalent to Level
IIIa of the National Institute of Justice (a) No person may smoke and no op-
Standard (NIJ) 0101.04. erator may permit smoking in any air-
(d) After August 20, 2002, no foreign craft lavatory.
air carrier covered by § 129.1 may oper- (b) Unless otherwise authorized by
ate a passenger carrying transport cat- the Secretary of Transportation, no
egory airplane, or a transport category person may smoke and no operator
all-cargo airplane that has a door in- may permit smoking anywhere on the
stalled between the pilot compartment aircraft (including the passenger cabin
and any other occupied compartment and the flight deck) during scheduled
on or after June 21, 2002, within the passenger foreign air transportation or
United States, except for overflights, during any scheduled passenger inter-
unless the carrier has procedures in state or intrastate air transportation.
place that are acceptable to the civil [Doc. No. FAA–2000–7467, 65 FR 36780, June 9,
aviation authority responsible for over- 2000]
sight of the foreign air carriers oper-
ating under this part to prevent access Subpart B—Continued Airworthi-
to the flightdeck except as authorized ness and Safety Improve-
as follows:
(1) No person other than a person who
ments
is assigned to perform duty on the § 129.101 Purpose and definition.
flight deck may have a key to the
flight deck door that will provide ac- (a) This subpart requires a foreign
cess to the flightdeck. person or foreign air carrier operating
(2) Except when it is necessary to a U.S. registered airplane in common
permit access and egress by persons au- carriage to support the continued air-
thorized in accordance with paragraph worthiness of each airplane. These re-
(d)(3) of this section, a pilot in com- quirements may include, but are not
mand of an airplane that has a lock- limited to, revising the maintenance
able flight deck door in accordance program, incorporating design changes,
with § 129.28(a) and that is carrying pas- and incorporating revisions to Instruc-
sengers shall ensure that the door sepa- tions for Continued Airworthiness.
rating the flight crew compartment (b) [Reserved]
spaschal on DSKJM0X7X2PROD with CFR

from the passenger compartment is [Amdt. 129–43, 72 FR 63413, Nov. 8, 2007, as


closed and locked at all times when the amended by Docket FAA–2018–0119, Amdt.
airplane is being operated. 129–53, 83 FR 9174, Mar. 5, 2018]

388

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Federal Aviation Administration, DOT § 129.107

§ 129.103 [Reserved] and records review is required under


this section, in a condition for inspec-
§ 129.105 Aging airplane inspections tion specified by the Administrator, to-
and records reviews for U.S.-reg- gether with the records containing the
istered multiengine aircraft. following information:
(a) Operation after inspection and (1) Total years in service of the air-
records review. After the dates specified plane;
in this paragraph, a foreign air carrier (2) Total time in service of the air-
or foreign person may not operate a frame;
U.S.-registered multiengine airplane (3) Total flight cycles of the air-
under this part unless the Adminis- frame;
trator has notified the foreign air car- (4) Date of the last inspection and
rier or foreign person that the Admin- records review required by this section;
istrator has completed the aging air- (5) Current status of life-limited
plane inspection and records review re- parts of the airframe;
quired by this section. During the in- (6) Time since the last overhaul of all
spection and records review, the for- structural components required to be
eign air carrier or foreign person must overhauled on a specific time basis;
demonstrate to the Administrator that (7) Current inspection status of the
the maintenance of age sensitive parts airplane, including the time since the
and components of the airplane has last inspection required by the inspec-
been adequate and timely enough to tion program under which the airplane
ensure the highest degree of safety. is maintained;
(1) Airplanes exceeding 24 years in serv- (8) Current status of applicable air-
ice on December 8, 2003; initial and re- worthiness directives, including the
petitive inspections and records reviews. date and methods of compliance, and if
For an airplane that has exceeded 24 the airworthiness directive involves re-
years in service on December 8, 2003, no curring action, the time and date when
later than December 5, 2007, and there- the next action is required;
after at intervals not to exceed 7 years. (9) A list of major structural alter-
(2) Airplanes exceeding 14 years in serv- ations; and
ice but not 24 years in service on Decem- (10) A report of major structural re-
ber 8, 2003; initial and repetitive inspec- pairs and the current inspection status
tions and records reviews. For an air- for those repairs.
plane that has exceeded 14 years in (d) Notification to Administrator. Each
service, but not 24 years in service, on foreign air carrier or foreign person
December 8, 2003, no later than Decem- must notify the Administrator at least
ber 4, 2008, and thereafter at intervals 60 days before the date on which the
not to exceed 7 years. airplane and airplane records will be
(3) Airplanes not exceeding 14 years in made available for the inspection and
service on December 8, 2003; initial and records review.
repetitive inspections and records reviews. [Doc. No. FAA–1999–5401, 67 FR 72763, Dec. 6,
For an airplane that has not exceeded 2002, as amended by Amdt. 129–34, 70 FR 5533,
14 years in service on December 8, 2003, Feb. 2, 2005; Amdt. 129–41, 70 FR 23936, May 6,
no later than 5 years after the start of 2005. Redesignated by Amdt. 129–43, 72 FR
the airplane’s 15th year in service and 63413, Nov. 8, 2007]
thereafter at intervals not to exceed 7
years. § 129.107 Repairs assessment for pres-
(b) Unforeseen schedule conflict. In the surized fuselages.
event of an unforeseen scheduling con- (a) No foreign air carrier or foreign
flict for a specific airplane, the Admin- persons operating a U.S. registered air-
istrator may approve an extension of plane may operate an Airbus Model
up to 90 days beyond an interval speci- A300 (excluding ¥600 series), British
fied in paragraph (b) of this section. Aerospace Model BAC 1–11, Boeing
(c) Airplane and records availability. Model 707, 720, 727, 737, or 747, McDon-
The foreign air carrier or foreign per- nell Douglas Model DC–8, DC–9/MD–80
spaschal on DSKJM0X7X2PROD with CFR

son must make available to the Admin- or DC–10, Fokker Model F28, or Lock-
istrator each U.S.-registered multien- heed Model L–1011 beyond the applica-
gine airplane for which an inspection ble flight cycle implementation time

389

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§ 129.109 14 CFR Ch. I (1–1–21 Edition)

specified below, or May 25, 2001, which- (b) [Reserved]


ever occurs later, unless operations
[Doc. No. 29104, 65 FR 24126, Apr. 25, 2000; 65
specifications have been issued to ref- FR 35703, June 5, 2000, as amended by Amdt.
erence repair assessment guidelines ap- 129–30, 66 FR 23131, May 7, 2001; Amdt. 129–35,
plicable to the fuselage pressure bound- 67 FR 72834, Dec. 9, 2002; Amdt. 129–39, 69 FR
ary (fuselage skin, door skin, and bulk- 45942, July 30, 2004. Redesignated and amend-
head webs), and those guidelines are in- ed by Amdt. 129–43, 72 FR 63413, Nov. 8, 2007;
corporated in its maintenance pro- Docket FAA–2018–0119, Amdt. 129–53, 83 FR
gram. The repair assessment guidelines 9174, Mar. 5, 2018]
must be approved by the responsible
Aircraft Certification Service office for § 129.109 Supplemental inspections for
the type certificate for the affected air- U.S.-registered aircraft.
plane. (a) Applicability. This section applies
(1) For the Airbus Model A300 (ex- to U.S.-registered, transport category,
cluding the –600 series), the flight cycle turbine powered airplanes with a type
implementation time is: certificate issued after January 1, 1958
(i) Model B2: 36,000 flights. that as a result of original type certifi-
(ii) Model B4–100 (including Model cation or later increase in capacity
B4–2C): 30,000 flights above the window have—
line, and 36,000 flights below the win- (1) A maximum type certificated pas-
dow line. senger seating capacity of 30 or more;
(iii) Model B4–200: 25,500 flights above or
the window line, and 34,000 flights (2) A maximum payload capacity of
below the window line. 7,500 pounds or more.
(2) For all models of the British Aero- (b) General requirements. After Decem-
space BAC 1–11, the flight cycle imple- ber 20, 2010, a certificate holder may
mentation time is 60,000 flights. not operate an airplane under this part
(3) For all models of the Boeing 707, unless the following requirements have
the flight cycle implementation time is been met:
15,000 flights. (1) Baseline Structure. The certificate
(4) For all models of the Boeing 720, holder’s maintenance program for the
the flight cycle implementation time is airplane includes FAA-approved dam-
23,000 flights. age-tolerance-based inspections and
(5) For all models of the Boeing 727, procedures for airplane structure sus-
the flight cycle implementation time is ceptible to fatigue cracking that could
45,000 flights. contribute to a catastrophic failure.
(6) For all models of the Boeing 737, For the purpose of this section, this
the flight cycle implementation time is structure is termed ‘‘fatigue critical
60,00 flights. structure.’’
(7) For all models of the Boeing 747, (2) Adverse effects of repairs, alter-
the flight cycle implementation time is ations, and modifications. The mainte-
15,000 flights. nance program for the airplane in-
(8) For all models of the McDonnell cludes a means for addressing the ad-
Douglas DC–8, the flight cycle imple- verse effects repairs, alterations, and
mentation time is 30,000 flights. modifications may have on fatigue
(9) For all models of the McDonnell critical structure and on inspections
Douglas DC–9/MD–80, the flight cycle required by paragraph (b)(1) of this sec-
implementation time is 60,000 flights. tion. The means for addressing these
(10) For all models of the McDonnell adverse effects must be approved by
Douglas DC–10, the flight cycle imple- the responsible Aircraft Certification
mentation time is 30,000 flights. Service office.
(11) For all models of the Lockheed (3) Changes to maintenance program.
L–1011, the flight cycle implementation
The changes made to the maintenance
time is 27,000 flights.
program required by paragraph (b)(1)
spaschal on DSKJM0X7X2PROD with CFR

(12) For the Fokker F–28 Mark 1000, and (b)(2) of this section, and any later
2000, 3000, and 4000, the flight cycle im-
revisions to these changes, must be
plementation time is 60,000 flights.

390

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Federal Aviation Administration, DOT § 129.113

submitted to the Principal Mainte- and (d) of this section and any later
nance Inspector for review and ap- EWIS revisions must be submitted to
proval. the Principal Inspector or Flight
Standards office responsible for review
[Doc. No. FAA–1999–5401, 70 FR 5532, Feb. 2,
2005. Redesignated by Amdt. 129–43, 72 FR and approval.
63413, Nov. 8, 2007; Amdt. 129–44, 72 FR 70508, (f) This section does not apply to the
Dec. 12, 2007; Docket FAA–2018–0119, Amdt. following airplane models:
129–53, 83 FR 9174, Mar. 5, 2018] (1) Lockheed L–188
(2) Bombardier CL–44
§ 129.111 Electrical wiring inter- (3) Mitsubishi YS–11
connection systems (EWIS) mainte- (4) British Aerospace BAC 1–11
nance program. (5) Concorde
(a) Except as provided in paragraph (6) deHavilland D.H. 106 Comet 4C
(f) of this section, this section applies (7) VFW–Vereinigte Flugtechnische
to transport category, turbine-powered Werk VFW–614
airplanes with a type certificate issued (8) Illyushin Aviation IL 96T
after January 1, 1958, that, as a result (9) Bristol Aircraft Britannia 305
of original type certification or later (10) Handley Page Herald Type 300
increase in capacity, have— (11) Avions Marcel Dassault—Breguet
(1) A maximum type-certificated pas- Aviation Mercure 100C
senger capacity of 30 or more, or (12) Airbus Caravelle
(2) A maximum payload capacity of (13) Lockheed L–300
7500 pounds or more. [Amdt. 129–43, 72 FR 63413, Nov. 8, 2007, as
(b) After March 10, 2011, no foreign amended by Docket FAA–2018–0119, Amdt.
person or foreign air carrier may oper- 129–53, 83 FR 9174, Mar. 5, 2018]
ate a U.S.-registered airplane identi-
fied in paragraph (a) of this section un- § 129.113 Fuel tank system mainte-
less the maintenance program for that nance program.
airplane includes inspections and pro- (a) Except as provided in paragraph
cedures for EWIS. (g) of this section, this section applies
(c) The proposed EWIS maintenance to transport category, turbine-powered
program changes must be based on airplanes with a type certificate issued
EWIS Instructions for Continued Air- after January 1, 1958, that, as a result
worthiness (ICA) that have been devel- of original type certification or later
oped in accordance with the provisions increase in capacity, have—
of Appendix H of part 25 of this chapter (1) A maximum type-certificated pas-
applicable to each affected airplane (in- senger capacity of 30 or more, or
cluding those ICA developed for supple- (2) A maximum payload capacity of
mental type certificates installed on 7500 pounds or more.
each airplane) and that have been ap- (b) For each U.S.-registered airplane
proved by the responsible Aircraft Cer- on which an auxiliary fuel tank is in-
tification Service office. stalled under a field approval, before
(1) For airplanes subject to § 26.11 of June 16, 2008, the foreign person or for-
this chapter, the EWIS ICA must com- eign air carrier operating the airplane
ply with paragraphs H25.5(a)(1) and (b). must submit to the responsible Air-
(2) For airplanes subject to § 25.1729 of craft Certification Service office pro-
this chapter, the EWIS ICA must com- posed maintenance instructions for the
ply with paragraph H25.4 and all of tank that meet the requirements of
paragraph H25.5. Special Federal Aviation Regulation
(d) After March 10, 2011, before re- No. 88 (SFAR 88) of this chapter.
turning a U.S.-registered airplane to (c) After December 16, 2008, no for-
service after any alterations for which eign person or foreign air carrier may
EWIS ICA are developed, the foreign operate a U.S.-registered airplane iden-
person or foreign air carrier must in- tified in paragraph (a) of this section
clude in the maintenance program for unless the maintenance program for
that airplane inspections and proce- that airplane has been revised to in-
spaschal on DSKJM0X7X2PROD with CFR

dures for EWIS based on those ICA. clude applicable inspections, proce-
(e) The EWIS maintenance program dures, and limitations for fuel tank
changes identified in paragraphs (c) systems.

391

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§ 129.115 14 CFR Ch. I (1–1–21 Edition)

(d) The proposed fuel tank system imum takeoff gross weight is a result
maintenance program revisions must of an original type certificate or a
be based on fuel tank system Instruc- later design change. This section also
tions for Continued Airworthiness applies to foreign air carriers or for-
(ICA) that have been developed in ac- eign persons operating any other U.S.-
cordance with the applicable provisions registered transport category, turbine-
of SFAR 88 of this chapter or § 25.1529 powered airplane with a type certifi-
and part 25, Appendix H, of this chap- cate issued after January 1, 1958, re-
ter, in effect on June 6, 2001 (including gardless of the maximum takeoff gross
those developed for auxiliary fuel weight, for which a limit of validity of
tanks, if any, installed under supple- the engineering data that supports the
mental type certificates or other de- structural maintenance program (here-
sign approval) and that have been ap- after referred to as LOV) is required in
proved by the responsible Aircraft Cer- accordance with § 25.571 or § 26.21 of this
tification Service office. chapter after January 14, 2011.
(e) After December 16, 2008, before re- (b) Limit of validity. No foreign air
turning a U.S.-registered airplane to carrier or foreign person may operate a
service after any alteration for which U.S.-registered airplane identified in
fuel tank ICA are developed under paragraph (a) of this section after the
SFAR 88, or under § 25.1529 in effect on applicable date identified in Table 1 of
June 6, 2001, the foreign person or for- this section, unless an Airworthiness
eign air carrier must include in the Limitations section (ALS) approved
maintenance program for the airplane under Appendix H to part 25 or § 26.21 of
inspections and procedures for the fuel this chapter is incorporated into its
tank system based on those ICA. maintenance program. The ALS must—
(f) The fuel tank system maintenance (1) Include an LOV approved under
program changes identified in para- § 25.571 or § 26.21 of this chapter, as ap-
graphs (d) and (e) of this section and plicable, except as provided in para-
any later fuel tank system revisions graph (f) of this section; and
must be submitted to the Principal In-
(2) Be clearly distinguishable within
spector or Flight Standards office re-
its maintenance program.
sponsible for review and approval.
(g) This section does not apply to the (c) Operation of airplanes excluded
following airplane models: from § 26.21. No certificate holder may
(1) Bombardier CL–44 operate an airplane identified in
(2) Concorde § 26.21(g) of this chapter after July 14,
(3) deHavilland D.H. 106 Comet 4C 2013, unless an ALS approved under Ap-
(4) VFW–Vereinigte Flugtechnische pendix H to part 25 or § 26.21 of this
Werk VFW–614 chapter is incorporated into its main-
(5) Illyushin Aviation IL 96T tenance program. The ALS must—
(6) Bristol Aircraft Britannia 305 (1) Include an LOV approved under
(7) Handley Page Herald Type 300 § 25.571 or § 26.21 of this chapter, as ap-
(8) Avions Marcel Dassault—Breguet plicable, except as provided in para-
Aviation Mercure 100C graph (f) of this section; and
(9) Airbus Caravelle (2) Be clearly distinguishable within
(10) Lockheed L–300 its maintenance program
[Amdt. 129–43, 72 FR 63413, Nov. 8, 2007, as (d) Extended limit of validity. No for-
amended by Docket FAA–2018–0119, Amdt. eign air carrier or foreign person may
129–53, 83 FR 9174, Mar. 5, 2018] operate an airplane beyond the LOV or
extended LOV specified in paragraph
§ 129.115 Limit of validity. (b)(1), (c), (d), or (f) of this section, as
(a) Applicability. This section applies applicable, unless the following condi-
to foreign air carriers or foreign per- tions are met:
sons operating any U.S.-registered (1) An ALS must be incorporated into
transport category, turbine-powered its maintenance program that—
airplane with a maximum takeoff gross (i) Includes an extended LOV and any
spaschal on DSKJM0X7X2PROD with CFR

weight greater than 75,000 pounds and a widespread fatigue damage airworthi-
type certificate issued after January 1, ness limitation items (ALIs) approved
1958, regardless of whether the max- under § 26.23 of this chapter; and

392

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Federal Aviation Administration, DOT § 129.115

(ii) Is approved under § 26.23 of this the Principal Maintenance Inspector or


chapter; Flight Standards office for review and
(2) The extended LOV and the air- approval.
worthiness limitation items pertaining (f) Exception. For any airplane for
to widespread fatigue damage must be which an LOV has not been approved as
clearly distinguishable within its of the applicable compliance date spec-
maintenance program. ified in paragraph (c) or Table 1 of this
(e) Principal Maintenance Inspector ap- section, instead of including an ap-
proval. Foreign air carriers or foreign proved LOV in the ALS, an operator
persons must submit the maintenance must include the applicable default
program revisions required by para- LOV specified in Table 1 or Table 2 of
graphs (b), (c), and (d) of this section to this section, as applicable, in the ALS.
TABLE 1—AIRPLANES SUBJECT TO § 26.21
Compliance Date— Default LOV
Airplane model months after [flight cycles (FC)
January 14, 2011 or flight hours (FH)]

Airbus—Existing 1 Models Only:


A300 B2–1A, B2–1C, B2K–3C, B2–203 ..................................... 30 .................................... 48,000 FC
A300 B4–2C, B4–103 ................................................................. 30 .................................... 40,000 FC
A300 B4–203 ............................................................................... 30 .................................... 34,000 FC
A300–600 Series ......................................................................... 60 .................................... 30,000 FC/67,500 FH
A310–200 Series ......................................................................... 60 .................................... 40,000 FC/60,000 FH
A310–300 Series ......................................................................... 60 .................................... 35,000 FC/60,000 FH
A318 Series ................................................................................. 60 .................................... 48,000 FC/60,000 FH
A319 Series ................................................................................. 60 .................................... 48,000 FC/60,000 FH
A320–100 Series ......................................................................... 60 .................................... 48,000 FC/48,000 FH
A320–200 Series ......................................................................... 60 .................................... 48,000 FC/60,000 FH
A321 Series ................................................................................. 60 .................................... 48,000 FC/60,000 FH
A330–200, –300 Series (except WV050 family) (non enhanced) 60 .................................... 40,000 FC/60,000 FH
A330–200, –300 Series WV050 family (enhanced) .................... 60 .................................... 33,000 FC/100,000 FH
A330–200 Freighter Series ......................................................... 60 .................................... See NOTE.
A340–200, –300 Series (except WV 027 and WV050 family) 60 .................................... 20,000 FC/80,000 FH
(non enhanced).
A340–200, –300 Series WV 027 (non enhanced) ...................... 60 .................................... 30,000 FC/60,000 FH
A340–300 Series WV050 family (enhanced) .............................. 60 .................................... 20,000 FC/100,000 FH
A340–500, –600 Series ............................................................... 60 .................................... 16,600 FC/100,000 FH
A380–800 Series ......................................................................... 72 .................................... See NOTE.
Boeing—Existing 1 Models Only:
717 ............................................................................................... 60 .................................... 60,000 FC/60,000 FH
727 (all series) ............................................................................. 30 .................................... 60,000 FC
737 (Classics): 737–100, –200, –200C, –300, –400, –500 ........ 30 .................................... 75,000 FC
737 (NG): 737–600, –700, –700C, –800, –900, –900ER ........... 60 .................................... 75,000 FC
747 (Classics): 747–100, –100B, –100B SUD, –200B, –200C, 30 .................................... 20,000 FC
–200F, –300, 747SP, 747SR.
747–400: 747–400, –400D, –400F ............................................. 60 .................................... 20,000 FC
757 ............................................................................................... 60 .................................... 50,000 FC
767 ............................................................................................... 60 .................................... 50,000 FC
777–200, –300 ............................................................................ 60 .................................... 40,000 FC
777–200LR, 777–300ER ............................................................. 72 .................................... 40,000 FC
777F ............................................................................................ 72 .................................... 11,000 FC
Bombardier—Existing 1 Models Only:
CL–600: 2D15 (Regional Jet Series 705), 2D24 (Regional Jet 72 .................................... 60,000 FC
Series 900).
Embraer—Existing 1 Models Only:
ERJ 170 ....................................................................................... 72 .................................... See NOTE.
ERJ 190 ....................................................................................... 72 .................................... See NOTE.
Fokker—Existing 1 Models Only:
F.28 Mark 0070, Mark 0100 ........................................................ 30 .................................... 90,000 FC
Lockheed—Existing 1 Models Only:
L–1011 ......................................................................................... 30 .................................... 36,000 FC
188 ............................................................................................... 30 .................................... 26,600 FC
382 (all series) ............................................................................. 30 .................................... 20,000 FC/50,000 FH
McDonnell Douglas—Existing 1 Models Only:
DC–8, –8F ................................................................................... 30 .................................... 50,000 FC/50,000 FH
DC–9 (except for MD–80 models) .............................................. 30 .................................... 100,000 FC/100,000 FH
MD–80 (DC–9–81, –82, –83, –87, MD–88) ................................ 30 .................................... 50,000 FC/50,000 FH
spaschal on DSKJM0X7X2PROD with CFR

MD–90 ......................................................................................... 60 .................................... 60,000 FC/90,000 FH


DC–10–10, –15 ........................................................................... 30 .................................... 42,000 FC/60,000 FH
DC–10–30, –40, –10F, –30F, –40F ............................................ 30 .................................... 30,000 FC/60,000 FH
MD–10–10F ................................................................................. 60 .................................... 42,000 FC/60,000 FH

393

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§ 129.115 14 CFR Ch. I (1–1–21 Edition)

TABLE 1—AIRPLANES SUBJECT TO § 26.21—Continued


Compliance Date— Default LOV
Airplane model months after [flight cycles (FC)
January 14, 2011 or flight hours (FH)]

MD–10–30F ................................................................................. 60 .................................... 30,000 FC/60,000 FH


MD–11, MD–11F ......................................................................... 60 .................................... 20,000 FC/60,000 FH
Maximum Takeoff Gross Weight Changes:
All airplanes whose maximum takeoff gross weight has been 30, or within 12 months Not applicable.
decreased to 75,000 pounds or below after January 14, after the LOV is ap-
2011, or increased to greater than 75,000 pounds at any proved, or before oper-
time by an amended type certificate or supplemental type ating the airplane,
certificate. whichever occurs latest.
All Other Airplane Models (TCs and amended TCs) not Listed 72, or within 12 months Not applicable.
in Table 2. after the LOV is ap-
proved, or before oper-
ating the airplane,
whichever occurs latest.
1 Type certificated as of January 14, 2011.
Note: Airplane operation limitation is stated in the Airworthiness Limitation section.

NOTE: Airplane operation limitation is stated in the Airworthiness Limitation section.

TABLE 2—AIRPLANES EXCLUDED FROM § 26.21


Default LOV [flight
Airplane model cycles (FC) or flight
hours (FH)]

Airbus:
Caravelle .......................................................................................................................... 15,000 FC/24,000 FH
Avions Marcel Dassault:
Breguet Aviation Mercure 100C ....................................................................................... 20,000 FC/16,000 FH
Boeing:
Boeing 707 (–100 Series and –200 Series) .................................................................... 20,000 FC
Boeing 707 (–300 Series and –400 Series) .................................................................... 20,000 FC
Boeing 720 ....................................................................................................................... 30,000 FC
Bombardier:
CL–44D4 and CL–44J ..................................................................................................... 20,000 FC
BD–700 ............................................................................................................................ 15,000 FH
Bristol Aeroplane Company:
Britannia 305 .................................................................................................................... 10,000 FC
British Aerospace Airbus, Ltd.:
BAC 1–11 (all models) ..................................................................................................... 85,000 FC
British Aerospace (Commercial Aircraft) Ltd.:
Armstrong Whitworth Argosy A.W. 650 Series 101 ........................................................ 20,000 FC
BAE Systems (Operations) Ltd.:
BAe 146–100A (all models) ............................................................................................. 50,000 FC
BAe 146–200–07 ............................................................................................................. 50,000 FC
BAe 146–200–07 Dev ...................................................................................................... 50,000 FC
BAe 146–200–11 ............................................................................................................. 50,000 FC
BAe 146–200–07A ........................................................................................................... 47,000 FC
BAe 146–200–11 Dev ...................................................................................................... 43,000 FC
BAe 146–300 (all models) ............................................................................................... 40,000 FC
Avro 146–RJ70A (all models) .......................................................................................... 40,000 FC
Avro 146–RJ85A and 146–RJ100A (all models) ............................................................. 50,000 FC
D & R Nevada, LLC:
Convair Model 22 ............................................................................................................. 1,000 FC/1,000 FH
Convair Model 23M .......................................................................................................... 1,000 FC/1,000 FH
deHavilland Aircraft Company, Ltd.:
D.H. 106 Comet 4C ......................................................................................................... 8,000 FH
Gulfstream:
GV .................................................................................................................................... 40,000 FH
GV–SP ............................................................................................................................. 40,000 FH
Ilyushin Aviation Complex:
IL–96T .............................................................................................................................. 10,000 FC/30,000 FH
Lockheed:
300–50A01 (USAF C 141A) ............................................................................................ 20,000 FC

[Doc. No. FAA–2006–24281, 75 FR 69787, Nov. 15, 2010, as amended by Amdt. 129–51, 77 FR 30878,
spaschal on DSKJM0X7X2PROD with CFR

May 24, 2012; Amdt. 129–51A, 77 FR 55107, Sept. 7, 2012; Docket FAA–2018–0119, Amdt. 129–53,
83 FR 9174, Mar. 5, 2018]

394

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Federal Aviation Administration, DOT § 129.117

§ 129.117 Flammability reduction operate an airplane to which this sec-


means. tion applies unless the requirements of
(a) Applicability. Except as provided paragraphs (d)(1) and (d)(2) of this sec-
in paragraph (o) of this section, this tion are met.
section applies to U.S.-registered (1) IMM, FRM or FIMM, if required
transport category, turbine-powered by §§ 26.33, 26.35, or 26.37 of this chapter,
airplanes with a type certificate issued that are approved by the responsible
after January 1, 1958, that as a result of Aircraft Certification Service office,
original type certification or later in- are installed within the compliance
crease in capacity have: times specified in paragraph (e) of this
(1) A maximum type-certificated pas- section.
senger capacity of 30 or more, or (2) Except in accordance with § 129.14,
(2) A maximum payload capacity of the IMM, FRM or FIMM, as applicable,
7,500 pounds or more. are operational.
(b) New Production Airplanes. Except (e) Compliance Times. Except as pro-
in accordance with § 129.14, no foreign vided in paragraphs (k) and (l) of this
air carrier or foreign person may oper- section, the installations required by
ate an airplane identified in Table 1 of paragraph (d) of this section must be
this section (including all-cargo air- accomplished no later than the appli-
planes) for which application is made cable dates specified in paragraph (e)(1)
for original certificate of airworthiness or (e)(2) of this section.
or export airworthiness approval after (1) Fifty percent of each foreign air
December 27, 2010 unless an Ignition carrier or foreign person’s fleet identi-
Mitigation Means (IMM) or Flamma- fied in paragraph (d)(1) of this section
bility Reduction Means (FRM) meeting must be modified no later than Decem-
the requirements of § 26.33 of this chap- ber 26, 2014.
ter is operational. (2) One hundred percent of each for-
eign air carrier or foreign person’s fleet
TABLE 1 of airplanes subject to paragraph (d)(1)
Model—Boeing Model—Airbus
or this section must be modified no
later than December 26, 2017.
747 Series A318, A319, A320, A321 Series (3) For those foreign air carriers or
737 Series A330, A340 Series
777 Series
foreign persons that have only one air-
767 Series plane for a model identified in Table 1,
the airplane must be modified no later
(c) Auxiliary Fuel Tanks. After the ap- than December 26, 2017.
plicable date stated in paragraph (e) of (f) Compliance after Installation. Ex-
this section, no foreign air carrier or cept in accordance with § 129.14, no per-
foreign person may operate any air- son may—
plane subject § 26.33 of this chapter that (1) Operate an airplane on which IMM
has an Auxiliary Fuel Tank installed or FRM has been installed before the
pursuant to a field approval, unless the dates specified in paragraph (e) of this
following requirements are met: section unless the IMM or FRM is oper-
(1) The foreign air carrier or foreign ational.
person complies with 14 CFR 26.35 by (2) Deactivate or remove an IMM or
the applicable date stated in that sec- FRM once installed unless it is re-
tion. placed by a means that complies with
(2) The foreign air carrier or foreign paragraph (d) of this section.
person installs Flammability Impact (g) Maintenance Program Revisions. No
Mitigation Means (FIMM), if applica- foreign air carrier or foreign person
ble, that are approved by the respon- may operate an airplane for which air-
sible Aircraft Certification Service of- worthiness limitations have been ap-
fice. proved by the responsible Aircraft Cer-
(3) Except in accordance with § 129.14, tification Service office in accordance
the FIMM, if applicable, are oper- with §§ 26.33, 26.35, or 26.37 of this chap-
ational. ter after the airplane is modified in ac-
spaschal on DSKJM0X7X2PROD with CFR

(d) Retrofit. After the dates specified cordance with paragraph (d) of this sec-
in paragraph (e) of this section, no for- tion unless the maintenance program
eign air carrier or foreign person may for that airplane is revised to include

395

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§ 129.117 14 CFR Ch. I (1–1–21 Edition)

those applicable airworthiness limita- (l) For any foreign air carrier or for-
tions. eign person for which the operating
(h) After the maintenance program is certificate is issued after December 26,
revised as required by paragraph (g) of 2008, the compliance date specified in
this section, before returning an air- paragraph (e) of this section may be ex-
plane to service after any alteration tended by one year, provided that the
for which airworthiness limitations are foreign air carrier or foreign person
required by §§ 25.981, 26.33, 26.35, or 26.37 meets the requirements of paragraph
of this chapter, the foreign person or (k)(2) of this section when its initial
foreign air carrier must revise the operations specifications are issued
maintenance program for the airplane and, thereafter, uses ground air condi-
to include those airworthiness limita- tioning systems as described in para-
tions. graph (k)(2) of this section on each air-
(i) The maintenance program plane subject to the extension.
changes identified in paragraphs (g) (m) After the date by which any per-
and (h) of this section must be sub- son is required by this section to mod-
mitted to the operator’s responsible ify 100 percent of the affected fleet, no
Flight Standards office or Principal In- person may operate in passenger serv-
spector for review and approval prior ice any airplane model specified in
to incorporation. Table 2 of this section unless the air-
(j) The requirements of paragraph (d) plane has been modified to comply
of this section do not apply to air- with § 26.33(c) of this chapter.
planes operated in all-cargo service,
but those airplanes are subject to para- TABLE 3
graph (f) of this section. Model—Boeing Model—Airbus
(k) The compliance dates specified in
paragraph (e) of this section may be ex- 747 Series A318, A319, A320, A321 Series
737 Series A300, A310 Series
tended by one year, provided that— 777 Series A330, A340 Series
(1) No later than March 26, 2009, the 767 Series
foreign air carrier or foreign person no- 757 Series
tifies its responsible Flight Standards
office or Principal Inspector that it in- (n) No foreign air carrier or foreign
tends to comply with this paragraph; person may operate any airplane on
(2) No later than June 24, 2009, the which an auxiliary fuel tank is in-
foreign air carrier or foreign person ap- stalled after December 26, 2017 unless
plies for an amendment to its oper- the FAA has certified the tank as com-
ations specifications in accordance pliant with § 25.981 of this chapter, in
with § 129.11 to include a requirement effect on December 26, 2008.
for the airplane models specified in (o) Exclusions. The requirements of
Table 2 of this section to use ground this section do not apply to the fol-
air conditioning systems for actual lowing airplane models:
gate times of more than 30 minutes, (1) Convair CV–240, 340, 440, including
turbine powered conversions.
when available at the gate and oper-
(2) Lockheed L–188 Electra.
ational, whenever the ambient tem-
(3) Vickers VC–10.
perature exceeds 60 degrees Fahrenheit;
(4) Douglas DC–3, including turbine
and
powered conversions.
(3) Thereafter, the certificate holder
(5) Bombardier CL–44.
uses ground air conditioning systems
(6) Mitsubishi YS–11.
as described in paragraph (k)(2) of this (7) BAC 1–11.
section on each airplane subject to the (8) Concorde.
extension. (9) deHavilland D.H. 106 Comet 4C.
TABLE 2 (10) VFW—Vereinigte Flugtechnische
VFW–614.
Model—Boeing Model—Airbus (11) Illyushin Aviation IL 96T.
747 Series A318, A319, A320, A321 Series
(12) Bristol Aircraft Britannia 305.
737 Series A300, A310 Series (13) Handley Page Herald Type 300.
spaschal on DSKJM0X7X2PROD with CFR

777 Series A330, A340 Series (14) Avions Marcel Dassault—Breguet


767 Series Aviation Mercure 100C.
757 Series
(15) Airbus Caravelle.

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Federal Aviation Administration, DOT § 133.1

(16) Fokker F–27/Fairchild Hiller FH– 133.14 Carriage of narcotic drugs, mari-
227. huana, and depressant or stimulant drugs
(17) Lockheed L–300. or substances.
133.15 Application for certificate issuance or
[Doc. No. FAA–2005–22997, 73 FR 42503, July renewal.
21, 2008, as amended by Amdt. 129–47, 74 FR 133.17 Requirements for issuance of a rotor-
31620, July 2, 2009; Docket FAA–2018–0119, craft external-load operator certificate.
Amdt. 129–53, 83 FR 9174, Mar. 5, 2018] 133.19 Rotorcraft.
133.21 Personnel.
§ 129.119 Fuel tank vent explosion pro- 133.22 Employment of former FAA employ-
tection. ees.
(a) Applicability. This section applies 133.23 Knowledge and skill.
to transport category, turbine-powered 133.25 Amendment of certificate.
133.27 Availability, transfer, and surrender
airplanes with a type certificate issued
of certificate.
after January 1, 1958, that have:
(1) A maximum type-certificated pas- Subpart C—Operating Rules and Related
senger capacity of 30 or more; or Requirements
(2) A maximum payload capacity of
7,500 pounds or more. 133.31 Emergency operations.
(b) New production airplanes. No cer- 133.33 Operating rules.
tificate holder may operate an airplane 133.35 Carriage of persons.
133.37 Crewmember training, currency, and
for which the State of Manufacture testing requirements.
issued the original certificate of air- 133.39 Inspection authority.
worthiness or export airworthiness ap-
proval after August 23, 2018 unless Subpart D—Airworthiness Requirements
means, approved by the Administrator,
to prevent fuel tank explosions caused 133.41 Flight characteristics requirements.
133.43 Structures and design.
by propagation of flames from outside
133.45 Operating limitations.
the fuel tank vents into the fuel tank 133.47 Rotorcraft-load combination flight
vapor spaces are installed and oper- manual.
ational. 133.49 Markings and placards.
[Docket FAA–2014–0500, Amdt. 129–52, 81 FR 133.51 Airworthiness certification.
41208, June 24, 2016] AUTHORITY: 49 U.S.C. 106(g), 40113, 44701–
44702.
Subpart C—Special Federal SOURCE: Docket No. 1529, 29 FR 603, Jan. 24,
Aviation Regulations 1964, unless otherwise noted.

§ 129.201 SFAR No. 111—Lavatory Oxy- Subpart A—Applicability


gen Systems.
The requirements of § 121.1500 of this § 133.1 Applicability.
chapter also apply to this part. Except for aircraft subject to part 107
[Doc. No. FAA–2011–0186, 76 FR 12556, Mar. 8, of this chapter, this part prescribes—
2011] (a) Airworthiness certification rules
for rotorcraft used in; and
(b) Operating and certification rules
governing the conduct of rotorcraft ex-
APPENDIX A TO PART 129 [RESERVED] ternal-load operations in the United
States by any person.
PART 133—ROTORCRAFT (c) The certification rules of this part
EXTERNAL-LOAD OPERATIONS do not apply to—
(1) Rotorcraft manufacturers when
Subpart A—Applicability developing external-load attaching
means;
Sec. (2) Rotorcraft manufacturers dem-
133.1 Applicability. onstrating compliance of equipment
utilized under this part or appropriate
spaschal on DSKJM0X7X2PROD with CFR

Subpart B—Certification Rules portions of part 27 or 29 of this chapter;


133.11 Certificate required. (3) Operations conducted by a person
133.13 Duration of certificate. demonstrating compliance for the

397

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§ 133.11 14 CFR Ch. I (1–1–21 Edition)

issuance of a certificate or authoriza- of § 91.19(a) of this chapter, that oper-


tion under this part; ation is a basis for suspending or re-
(4) Training flights conducted in voking the certificate.
preparation for the demonstration of [Doc. No. 12035, 38 FR 17493, July 2, 1973, as
compliance with this part; or amended by Amdt. 133–10, 54 FR 34332, Aug.
(5) A Federal, State, or local govern- 18, 1989]
ment conducting operations with pub-
lic aircraft. § 133.15 Application for certificate
(d) For the purpose of this part, a issuance or renewal.
person other than a crewmember or a Application for an original certifi-
person who is essential and directly cate or renewal of a certificate issued
connected with the external-load oper- under this part is made on a form, and
ation may be carried only in approved in a manner, prescribed by the Admin-
Class D rotorcraft-load combinations. istrator. The form may be obtained
[Doc. No. 15176, 42 FR 24198, May 12, 1977, as
from a Flight Standards office. The
amended by Amdt. 133–9, 51 FR 40707, Nov. 7, completed application is sent to the re-
1986; Docket FAA–2015–0150, Amdt. 133–15, 81 sponsible Flight Standards office for
FR 42214, June 28, 2016] the area in which the applicant’s home
base of operation is located.
Subpart B—Certification Rules [Doc. No. 15176, 42 FR 24198, May 12, 1977, as
amended by Amdt. 133–11, 54 FR 39294, Sept.
§ 133.11 Certificate required. 25, 1989; Docket FAA–2018–0119, Amdt. 133–16,
(a) No person subject to this part 83 FR 9174, Mar. 5, 2018]
may conduct rotorcraft external-load § 133.17 Requirements for issuance of
operations within the United States a rotorcraft external-load operator
without, or in violation of the terms of, certificate.
a Rotorcraft External-Load Operator
If an applicant shows that he com-
Certificate issued by the Administrator
plies with §§ 133.19, 133.21, and 133.23,
under § 133.17.
the Administrator issues a Rotorcraft
(b) No person holding a Rotorcraft
External-Load Operator Certificate to
External-Load Operator Certificate
him with an authorization to operate
may conduct rotorcraft external-load
specified rotorcraft with those classes
operations subject to this part under a
of rotorcraft-load combinations for
business name that is not on that cer-
which he complies with the applicable
tificate.
provisions of subpart D of this part.
[Doc. No. 15176, 42 FR 24198, May 12, 1977, as
amended by Amdt. 133–7, 42 FR 32531, June § 133.19 Rotorcraft.
27, 1977; Amdt. 133–9, 51 FR 40707, Nov. 7, 1986] (a) The applicant must have the ex-
clusive use of at least one rotorcraft
§ 133.13 Duration of certificate.
that—
Unless sooner surrendered, sus- (1) Was type certificated under, and
pended, or revoked, a Rotorcraft Exter- meets the requirements of, part 27 or 29
nal-Load Operator Certificate expires of this chapter (but not necessarily
at the end of the twenty-fourth month with external-load-carrying attaching
after the month in which it is issued or means installed) or of § 21.25 of this
renewed. chapter for the special purpose of
[Doc. No. 15176, 42 FR 24198, May 12, 1977, as rotorcraft external-load operations;
amended by Amdt. 133–7, 42 FR 32531, June (2) Complies with the certification
27, 1977; Amdt. 133–9, 51 FR 40707, Nov. 7, 1986] provisions in subpart D of this part
that apply to the rotorcraft-load com-
§ 133.14 Carriage of narcotic drugs, binations for which authorization is re-
marihuana, and depressant or stim- quested; and
ulant drugs or substances. (3) Has a valid standard or restricted
If the holder of a certificate issued category airworthiness certificate.
under this part permits any aircraft (b) For the purposes of paragraph (a)
spaschal on DSKJM0X7X2PROD with CFR

owned or leased by that holder to be of this section, a person has exclusive


engaged in any operation that the cer- use of a rotorcraft if he has the sole
tificate holder knows to be in violation possession, control, and use of it for

398

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Federal Aviation Administration, DOT § 133.23

flight, as owner, or has a written agree- (1) Served as, or was directly respon-
ment (including arrangements for the sible for the oversight of, a Flight
performance of required maintenance) Standards Service aviation safety in-
giving him that possession, control, spector; and
and use for at least six consecutive (2) Had direct responsibility to in-
months. spect, or oversee the inspection of, the
operations of the certificate holder.
[Doc. No. 15176, 42 FR 24198, May 12, 1977]
(b) For the purpose of this section, an
§ 133.21 Personnel. individual shall be considered to be
acting as an agent or representative of
(a) The applicant must hold, or have a certificate holder in a matter before
available the services of at least one the agency if the individual makes any
person who holds, a current commer- written or oral communication on be-
cial or airline transport pilot certifi- half of the certificate holder to the
cate, with a rating appropriate for the agency (or any of its officers or em-
rotorcraft prescribed in § 133.19, issued ployees) in connection with a par-
by the Administrator. ticular matter, whether or not involv-
(b) The applicant must designate one ing a specific party and without regard
pilot, who may be the applicant, as to whether the individual has partici-
chief pilot for rotorcraft external-load pated in, or had responsibility for, the
operations. The applicant also may particular matter while serving as a
designate qualified pilots as assistant
Flight Standards Service aviation safe-
chief pilots to perform the functions of
ty inspector.
the chief pilot when the chief pilot is
(c) The provisions of this section do
not readily available. The chief pilot
not prohibit a certificate holder from
and assistant chief pilots must be ac-
knowingly employing or making a con-
ceptable to the Administrator and each
tractual arrangement which permits an
must hold a current Commercial or
individual to act as an agent or rep-
Airline Transport Pilot Certificate,
resentative of the certificate holder in
with a rating appropriate for the rotor-
any matter before the Federal Aviation
craft prescribed in § 133.19.
Administration if the individual was
(c) The holder of a Rotorcraft Exter-
nal-Load Operator Certificate shall re- employed by the certificate holder be-
port any change in designation of chief fore October 21, 2011.
pilot or assistant chief pilot imme- [Doc. No. FAA–2008–1154, 76 FR 52236, Aug. 22,
diately to the responsible Flight 2011]
Standards office. The new chief pilot
must be designated and must comply § 133.23 Knowledge and skill.
with § 133.23 within 30 days or the oper- (a) Except as provided in paragraph
ator may not conduct further oper- (d) of this section, the applicant, or the
ations under the Rotorcraft External- chief pilot designated in accordance
Load Operator Certificate unless other- with § 133.21(b), must demonstrate to
wise authorized by the responsible the Administrator satisfactory knowl-
Flight Standards office. edge and skill regarding rotorcraft ex-
[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as ternal-load operations as set forth in
amended by Amdt. 133–9, 51 FR 40707, Nov. 7, paragraphs (b) and (c) of this section.
1986; Docket FAA–2018–0119, Amdt. 133–16, 83 (b) The test of knowledge (which may
FR 9174, Mar. 5, 2018] be oral or written, at the option of the
applicant) covers the following sub-
§ 133.22 Employment of former FAA jects:
employees. (1) Steps to be taken before starting
(a) Except as specified in paragraph operations, including a survey of the
(c) of this section, no certificate holder flight area.
may knowingly employ or make a con- (2) Proper method of loading, rigging,
tractual arrangement which permits an or attaching the external load.
individual to act as an agent or rep- (3) Performance capabilities, under
resentative of the certificate holder in approved operating procedures and lim-
spaschal on DSKJM0X7X2PROD with CFR

any matter before the Federal Aviation itations, of the rotorcraft to be used.
Administration if the individual, in the (4) Proper instructions of flight crew
preceding 2 years— and ground workers.

399

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§ 133.25 14 CFR Ch. I (1–1–21 Edition)

(5) Appropriate rotorcraft-load com- amendment to add or delete a rotor-


bination flight manual. craft authorization by submitting to
(c) The test of skill requires appro- the responsible Flight Standards office
priate maneuvers for each class re- a new list of rotorcraft, by registration
quested. The appropriate maneuvers number, with the classes of rotorcraft-
for each load class must be dem- load combinations for which authoriza-
onstrated in the rotorcraft prescribed tion is requested.
in § 133.19. [Doc. No. 18434, 43 FR 52206, Nov. 9, 1978, as
(1) Takeoffs and landings. amended by Amdt. 133–9, 51 FR 40707, Nov. 7,
(2) Demonstration of directional con- 1986; Amdt. 133–11, 54 FR 39294, Sept. 25, 1989;
trol while hovering. Docket FAA–2018–0119, Amdt. 133–16, 83 FR
(3) Acceleration from a hover. 9174, Mar. 5, 2018]
(4) Flight at operational airspeeds.
(5) Approaches to landing or working § 133.27 Availability, transfer, and sur-
area. render of certificate.
(6) Maneuvering the external load (a) Each holder of a rotorcraft exter-
into the release position. nal-load operator certificate shall keep
(7) Demonstration of winch oper- that certificate and a list of authorized
ation, if a winch is installed to hoist rotorcraft at the home base of oper-
the external load. ations and shall make it available for
(d) Compliance with paragraphs (b) inspection by the Administrator upon
and (c) of this section need not be request.
shown if the Administrator finds, on (b) Each person conducting a rotor-
the basis of the applicant’s (or his des- craft external-load operation shall
ignated chief pilot’s) previous experi- carry a facsimile of the Rotorcraft Ex-
ence and safety record in rotorcraft ex- ternal-Load Operator Certificate in
ternal-load operations, that his knowl- each rotorcraft used in the operation.
edge and skill are adequate. (c) If the Administrator suspends or
revokes a Rotorcraft External-Load
[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
amended by Amdt. 133–9, 51 FR 40707, Nov. 7,
Operator Certificate, the holder of that
1986] certificate shall return it to the Ad-
ministrator. If the certificate holder,
§ 133.25 Amendment of certificate. for any other reason, discontinues op-
(a) The holder of a Rotorcraft Exter- erations under his certificate, and does
nal-Load Certificate may apply to the not resume operations within two
responsible Flight Standards office for years, he shall return the certificate to
the area in which the applicant’s home the responsible Flight Standards office.
base of operation is located, or to the [Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
responsible Flight Standards office for amended by Amdt. 133–9, 51 FR 40708, Nov. 7,
the area in which operations are to be 1986; Amdt. 133–11, 54 FR 39294, Sept. 25, 1989;
conducted, for an amendment of the Docket FAA–2018–0119, Amdt. 133–16, 83 FR
applicant’s certificate, to add or delete 9174, Mar. 5, 2018]
a rotorcraft-load combination author-
ization, by executing the appropriate Subpart C—Operating Rules and
portion of the form used in applying for Related Requirements
a Rotorcraft External-Load Operator
Certificate. If the applicant for the § 133.31 Emergency operations.
amendment shows compliance with (a) In an emergency involving the
§§ 133.19 and 133.49, the responsible safety of persons or property, the cer-
Flight Standards office issues an tificate holder may deviate from the
amended Rotorcraft External-Load Op- rules of this part to the extent required
erator Certificate to the applicant with to meet that emergency.
authorization to operate with those (b) Each person who, under the au-
classes of rotorcraft-load combinations thority of this section, deviates from a
for which the applicant complies with rule of this part shall notify the Ad-
the applicable provisions of subpart D ministrator within 10 days after the de-
spaschal on DSKJM0X7X2PROD with CFR

of this part. viation. Upon the request of the Ad-


(b) The holder of a rotorcraft exter- ministrator, that person shall provide
nal-load certificate may apply for an the responsible Flight Standards office

400

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Federal Aviation Administration, DOT § 133.33

a complete report of the aircraft oper- (6) Increase the forward airspeed and
ation involved, including a description determine an operational airspeed at
of the deviation and reasons for it. which no hazardous oscillation or haz-
[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986, as ardous aerodynamic turbulence is en-
amended by Amdt. 133–11, 54 FR 39294, Sept. countered.
25, 1989; Docket FAA–2018–0119, Amdt. 133–16, (d) Notwithstanding the provisions of
83 FR 9175, Mar. 5, 2018] part 91 of this chapter, the holder of a
Rotorcraft External-Load Operator
§ 133.33 Operating rules.
Certificate may conduct (in rotorcraft
(a) No person may conduct a rotor- type certificated under and meeting
craft external-load operation without, the requirements of part 27 or 29 of this
or contrary to, the Rotorcraft-Load chapter, including the external-load at-
Combination Flight Manual prescribed taching means) rotorcraft external-
in § 133.47.
load operations over congested areas if
(b) No person may conduct a rotor-
those operations are conducted without
craft external-load operation unless—
(1) The rotorcraft complies with hazard to persons or property on the
§ 133.19; and surface and comply with the following:
(2) The rotorcraft and rotorcraft-load (1) The operator must develop a plan
combination is authorized under the for each complete operation, coordi-
Rotorcraft External-Load Operator nate this plan with the responsible
Certificate. Flight Standards office for the area in
(c) Before a person may operate a which the operation will be conducted,
rotorcraft with an external-load con- and obtain approval for the operation
figuration that differs substantially from that office. The plan must include
from any that person has previously an agreement with the appropriate po-
carried with that type of rotorcraft litical subdivision that local officials
(whether or not the rotorcraft-load will exclude unauthorized persons from
combination is of the same class), that the area in which the operation will be
person must conduct, in a manner that conducted, coordination with air traf-
will not endanger persons or property fic control, if necessary, and a detailed
on the surface, such of the following chart depicting the flight routes and
flight-operational checks as the Ad- altitudes.
ministrator determines are appropriate
(2) Each flight must be conducted at
to the rotorcraft-load combination:
an altitude, and on a route, that will
(1) A determination that the weight
of the rotorcraft-load combination and allow a jettisonable external load to be
the location of its center of gravity are released, and the rotorcraft landed, in
within approved limits, that the exter- an emergency without hazard to per-
nal load is securely fastened, and that sons or property on the surface.
the external load does not interfere (e) Notwithstanding the provisions of
with devices provided for its emer- part 91 of this chapter, and except as
gency release. provided in § 133.45(d), the holder of a
(2) Make an initial liftoff and verify Rotorcraft External-Load Operator
that controllability is satisfactory. Certificate may conduct external-load
(3) While hovering, verify that direc- operations, including approaches, de-
tional control is adequate. partures, and load positioning maneu-
(4) Accelerate into forward flight to vers necessary for the operation, below
verify that no attitude (whether of the 500 feet above the surface and closer
rotorcraft or of the external load) is than 500 feet to persons, vessels, vehi-
encountered in which the rotorcraft is cles, and structures, if the operations
uncontrollable or which is otherwise are conducted without creating a haz-
hazardous. ard to persons or property on the sur-
(5) In forward flight, check for haz- face.
ardous oscillations of the external
load, but if the external load is not
spaschal on DSKJM0X7X2PROD with CFR

visible to the pilot, other crewmembers


or ground personnel may make this
check and signal the pilot.

401

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§ 133.35 14 CFR Ch. I (1–1–21 Edition)

(f) No person may conduct rotorcraft 12 calendar months, that person has
external-load operations under IFR un- successfully completed either an ap-
less specifically approved by the Ad- proved initial or a recurrent training
ministrator. However, under no cir- program.
cumstances may a person be carried as (c) Notwithstanding the provisions of
part of the external-load under IFR. paragraph (b) of this section, a person
[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986, as who has performed a rotorcraft exter-
amended by Amdt. 133–11, 54 FR 39294, Sept. nal-load operation of the same class
25, 1989; Docket FAA–2018–0119, Amdt. 133–16, and in an aircraft of the same type
83 FR 9175, Mar. 5, 2018] within the past 12 calendar months
need not undergo recurrent training.
§ 133.35 Carriage of persons.
[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986]
(a) No certificate holder may allow a
person to be carried during rotorcraft § 133.39 Inspection authority.
external-load operations unless that
Each person conducting an operation
person—
under this part shall allow the Admin-
(1) Is a flight crewmember;
istrator to make any inspections or
(2) Is a flight crewmember trainee;
tests that he considers necessary to de-
(3) Performs an essential function in
termine compliance with the Federal
connection with the external-load op-
eration; or Aviation Regulations and the Rotor-
(4) Is necessary to accomplish the craft External-Load Operator Certifi-
work activity directly associated with cate.
that operation. [Doc. No. 1529, 29 FR 603, Jan. 24, 1964. Redes-
(b) The pilot in command shall en- ignated by Amdt. 133–9, 51 FR 40708, Nov. 7,
sure that all persons are briefed before 1986]
takeoff on all pertinent procedures to
be followed (including normal, abnor- Subpart D—Airworthiness
mal, and emergency procedures) and Requirements
equipment to be used during the exter-
nal-load operation. § 133.41 Flight characteristics require-
ments.
[Doc. No. 24550, 51 FR 40708, Nov. 7, 1986]
(a) The applicant must demonstrate
§ 133.37 Crewmember training, cur- to the Administrator, by performing
rency, and testing requirements. the operational flight checks pre-
(a) No certificate holder may use, nor scribed in paragraphs (b), (c), and (d) of
may any person serve, as a pilot in op- this section, as applicable, that the
erations conducted under this part un- rotorcraft-load combination has satis-
less that person— factory flight characteristics, unless
(1) Has successfully demonstrated, to these operational flight checks have
the Administrator knowledge and skill been demonstrated previously and the
with respect to the rotorcraft-load rotorcraft-load combination flight
combination in accordance with § 133.23 characteristics were satisfactory. For
(in the case of a pilot other than the the purposes of this demonstration, the
chief pilot or an assistant chief pilot external-load weight (including the ex-
who has been designated in accordance ternal-load attaching means) is the
with § 133.21(b), this demonstration maximum weight for which authoriza-
may be made to the chief pilot or as- tion is requested.
sistant chief pilot); and (b) Class A rotorcraft-load combina-
(2) Has in his or her personal posses- tions: The operational flight check
sion a letter of competency or an ap- must consist of at least the following
propriate logbook entry indicating maneuvers:
compliance with paragraph (a)(1) of (1) Take off and landing.
this section. (2) Demonstration of adequate direc-
(b) No certificate holder may use, nor tional control while hovering.
may any person serve as, a crew- (3) Acceleration from a hover.
spaschal on DSKJM0X7X2PROD with CFR

member or other operations personnel (4) Horizontal flight at airspeeds up


in Class D operations conducted under to the maximum airspeed for which au-
this part unless, within the preceding thorization is requested.

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Federal Aviation Administration, DOT § 133.45

(c) Class B and D rotorcraft-load com- (2) Center of gravity. The location of
binations: The operational flight check the center of gravity must, for all load-
must consist of at least the following ing conditions, be within the range es-
maneuvers: tablished for the rotorcraft during its
(1) Pickup of the external load. type certification. For Class C rotor-
(2) Demonstration of adequate direc- craft-load combinations, the mag-
tional control while hovering. nitude and direction of the loading
(3) Acceleration from a hover. force must be established at those val-
(4) Horizontal flight at airspeeds up ues for which the effective location of
to the maximum airspeed for which au- the center of gravity remains within
thorization is requested. its established range.
(5) Demonstrating appropriate lifting [Doc. No. 14324, 41 FR 55475, Dec. 20, 1976, as
device operation. amended by Amdt. 133–12, 55 FR 8006, Mar. 6,
(6) Maneuvering of the external load 1990]
into release position and its release,
under probable flight operation condi- § 133.45 Operating limitations.
tions, by means of each of the quick-re- In addition to the operating limita-
lease controls installed on the rotor- tions set forth in the approved Rotor-
craft. craft Flight Manual, and to any other
(d) Class C rotorcraft-load combina- limitations the Administrator may
tions: For Class C rotorcraft-load com- prescribe, the operator shall establish
binations used in wire-stringing, cable- at least the following limitations and
laying, or similar operations, the oper- set them forth in the Rotorcraft-Load
ational flight check must consist of the Combination Flight Manual for rotor-
maneuvers, as applicable, prescribed in craft-load combination operations:
paragraph (c) of this section. (a) The rotorcraft-load combination
may be operated only within the
[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
weight and center of gravity limita-
amended by Amdt. 133–5, 41 FR 55475, Dec. 20,
1976; Amdt. 133–9, 51 FR 40709, Nov. 7, 1986] tions established in accordance with
§ 133.43(c).
§ 133.43 Structures and design. (b) The rotorcraft-load combination
may not be operated with an external
(a) External-load attaching means. load weight exceeding that used in
Each external-load attaching means showing compliance with §§ 133.41 and
must have been approved under— 133.43.
(1) Part 8 of the Civil Air Regulations (c) The rotorcraft-load combination
on or before January 17, 1964; may not be operated at airspeeds great-
(2) Part 133, before February 1, 1977; er than those established in accordance
(3) Part 27 or 29 of this chapter, as ap- with § 133.41 (b), (c), and (d).
plicable, irrespective of the date of ap- (d) No person may conduct an exter-
proval; or nal-load operation under this part with
(4) Section 21.25 of this chapter. a rotorcraft type certificated in the re-
(b) Quick release devices. Each quick stricted category under § 21.25 of this
release device must have been approved chapter over a densely populated area,
under— in a congested airway, or near a busy
(1) Part 27 or 29 of this chapter, as ap- airport where passenger transport op-
plicable; erations are conducted.
(2) Part 133, before February 1, 1977; (e) The rotorcraft-load combination
or of Class D may be conducted only in
(3) Section 21.25 of this chapter, ex- accordance with the following:
cept the device must comply with (1) The rotorcraft to be used must
§§ 27.865(b) and 29.865(b), as applicable, have been type certificated under
of this chapter. transport Category A for the operating
(c) Weight and center of gravity— weight and provide hover capability
(1) Weight. The total weight of the with one engine inoperative at that op-
rotorcraft-load combination must not erating weight and altitude.
spaschal on DSKJM0X7X2PROD with CFR

exceed the total weight approved for (2) The rotorcraft must be equipped
the rotorcraft during its type certifi- to allow direct radio intercommunica-
cation. tion among required crewmembers.

403

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§ 133.47 14 CFR Ch. I (1–1–21 Edition)

(3) The personnel lifting device must occupancy limitation prescribed in


be FAA approved. § 133.35(a).
(4) The lifting device must have an (b) A placard, marking, or instruc-
emergency release requiring two dis- tion (displayed next to the external-
tinct actions. load attaching means) stating the max-
imum external load prescribed as an
[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
operating limitation in § 133.45(b).
amended by Amdt. 133–1, 30 FR 883, Jan. 28,
1965; Amdt. 133–5, 41 FR 55476, Dec. 20, 1976; [Docket 1529, Amdt. 133–9A, 81 FR 85138, Nov.
Amdt. 133–6, 42 FR 24198, May 12, 1977; Amdt. 25, 2016]
133–9, 51 FR 40709, Nov. 7, 1986]
§ 133.51 Airworthiness certification.
§ 133.47 Rotorcraft-load combination
flight manual. A Rotorcraft External-Load Operator
Certificate is a current and valid air-
The applicant must prepare a Rotor- worthiness certificate for each rotor-
craft-Load Combination Flight Manual craft type certificated under part 27 or
and submit it for approval by the Ad- 29 of this chapter (or their predecessor
ministrator. The manual must be pre- parts) and listed by registration num-
pared in accordance with the rotorcraft ber on a list attached to the certifi-
flight manual provisions of subpart G cate, when the rotorcraft is being used
of part 27 or 29 of this chapter, which- in operations conducted under this
ever is applicable. The limiting height- part.
speed envelope data need not be listed
[Doc. No. 24550, 51 FR 40709, Nov. 7, 1986]
as operating limitations. The manual
must set forth—
(a) Operating limitations, procedures PART 135—OPERATING REQUIRE-
(normal and emergency), performance, MENTS: COMMUTER AND ON DE-
and other information established MAND OPERATIONS AND RULES
under this subpart; GOVERNING PERSONS ON
(b) The class of rotorcraft-load com- BOARD SUCH AIRCRAFT
binations for which the airworthiness
of the rotorcraft has been dem- SPECIAL FEDERAL AVIATION REGULATION NO.
onstrated in accordance with §§ 133.41 50–2 [NOTE]
and 133.43; and SPECIAL FEDERAL AVIATION REGULATION NO.
(c) In the information section of the 71 [NOTE]
Rotorcraft-Load Combination Flight SPECIAL FEDERAL AVIATION REGULATION NO.
Manual— 89 [NOTE]
SPECIAL FEDERAL AVIATION REGULATION NO.
(1) Information on any peculiarities
97 [NOTE]
discovered when operating particular
rotorcraft-load combinations; Subpart A—General
(2) Precautionary advice regarding
static electricity discharges for Class Sec.
B, Class C, and Class D rotorcraft-load 135.1 Applicability.
135.2 Compliance schedule for operators
combinations; and
that transition to part 121 of this chap-
(3) Any other information essential ter; certain new entrant operators.
for safe operation with external loads. 135.3 Rules applicable to operations subject
to this part.
[Doc. No. 1529, 29 FR 603, Jan. 24, 1964, as
135.4 Applicability of rules for eligible on-
amended by Amdt. 133–9, 51 FR 40709, Nov. 7,
demand operations.
1986]
135.7 Applicability of rules to unauthorized
operators.
§ 133.49 Markings and placards. 135.12 Previously trained crewmembers.
The following markings and placards 135.19 Emergency operations.
must be displayed conspicuously and 135.21 Manual requirements.
must be such that they cannot be eas- 135.23 Manual contents.
135.25 Aircraft requirements.
ily erased, disfigured, or obscured:
135.41 Carriage of narcotic drugs, mari-
(a) A placard (displayed in the cock- huana, and depressant or stimulant drugs
spaschal on DSKJM0X7X2PROD with CFR

pit or cabin) stating the class of rotor- or substances.


craft-load combination for which the 135.43 Crewmember certificates: Inter-
rotorcraft has been approved and the national operations.

404

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Federal Aviation Administration, DOT Pt. 135

Subpart B—Flight Operations 135.121 Alcoholic beverages.


135.122 Stowage of food, beverage, and pas-
135.61 General. senger service equipment during aircraft
135.63 Recordkeeping requirements. movement on the surface, takeoff, and
135.64 Retention of contracts and amend- landing.
ments: Commercial operators who con- 135.123 Emergency and emergency evacu-
duct intrastate operations for compensa- ation duties.
tion or hire. 135.125 Aircraft security.
135.65 Reporting mechanical irregularities. 135.127 Passenger information requirements
135.67 Reporting potentially hazardous me- and smoking prohibitions.
teorological conditions and irregularities 135.128 Use of safety belts and child re-
of ground facilities or navigation aids. straint systems.
135.69 Restriction or suspension of oper- 135.129 Exit seating.
ations: Continuation of flight in an emer-
gency. Subpart C—Aircraft and Equipment
135.71 Airworthiness check.
135.73 Inspections and tests. 135.141 Applicability.
135.75 Inspectors credentials: Admission to 135.143 General requirements.
pilots’ compartment: Forward observer’s 135.144 Portable electronic devices.
seat. 135.145 Aircraft proving and validation
135.76 DOD Commercial Air Carrier Eval- tests.
uator’s Credentials: Admission to pilots 135.147 Dual controls required.
compartment: Forward observer’s seat. 135.149 Equipment requirements: General.
135.77 Responsibility for operational con- 135.150 Public address and crewmember
trol. interphone systems.
135.78 Instrument approach procedures and 135.151 Cockpit voice recorders.
IFR landing minimums.
135.152 Flight data recorders.
135.79 Flight locating requirements.
135.153 [Reserved]
135.81 Informing personnel of operational
135.154 Terrain awareness and warning sys-
information and appropriate changes.
tem.
135.83 Operating information required.
135.155 Fire extinguishers: Passenger-car-
135.85 Carriage of persons without compli-
rying aircraft.
ance with the passenger-carrying provi-
135.156 Flight data recorders: filtered data.
sions of this part.
135.87 Carriage of cargo including carry-on 135.157 Oxygen equipment requirements.
baggage. 135.158 Pitot heat indication systems.
135.89 Pilot requirements: Use of oxygen. 135.159 Equipment requirements: Carrying
135.91 Oxygen and portable oxygen con- passengers under VFR at night or under
centrators for medical use by passengers. VFR over-the-top conditions.
135.93 Minimum altitudes for use of auto- 135.160 Radio altimeters for rotorcraft oper-
pilot. ations.
135.95 Airmen: Limitations on use of serv- 135.161 Communication and navigation
ices. equipment for aircraft operations under
135.97 Aircraft and facilities for recent VFR over routes navigated by pilotage.
flight experience. 135.163 Equipment requirements: Aircraft
135.98 Operations in the North Polar Area. carrying passengers under IFR.
135.99 Composition of flight crew. 135.165 Communication and navigation
135.100 Flight crewmember duties. equipment: Extended over-water or IFR
135.101 Second in command required under operations.
IFR. 135.167 Emergency equipment: Extended
135.103 [Reserved] overwater operations.
135.105 Exception to second in command re- 135.168 Emergency equipment: Overwater
quirement: Approval for use of autopilot rotorcraft operations.
system. 135.169 Additional airworthiness require-
135.107 Flight attendant crewmember re- ments.
quirement. 135.170 Materials for compartment inte-
135.109 Pilot in command or second in com- riors.
mand: Designation required. 135.171 Shoulder harness installation at
135.111 Second in command required in Cat- flight crewmember stations.
egory II operations. 135.173 Airborne thunderstorm detection
135.113 Passenger occupancy of pilot seat. equipment requirements.
135.115 Manipulation of controls. 135.175 Airborne weather radar equipment
135.117 Briefing of passengers before flight. requirements.
135.119 Prohibition against carriage of 135.177 Emergency equipment requirements
spaschal on DSKJM0X7X2PROD with CFR

weapons. for aircraft having a passenger seating


135.120 Prohibition on interference with configuration of more than 19 passengers.
crewmembers. 135.178 Additional emergency equipment.

405

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Pt. 135 14 CFR Ch. I (1–1–21 Edition)
135.179 Inoperable instruments and equip- Subpart G—Crewmember Testing
ment. Requirements
135.180 Traffic Alert and Collision Avoid-
ance System. 135.291 Applicability.
135.181 Performance requirements: Aircraft 135.293 Initial and recurrent pilot testing
operated over-the-top or in IFR condi- requirements.
tions. 135.295 Initial and recurrent flight attend-
135.183 Performance requirements: Land ant crewmember testing requirements.
aircraft operated over water. 135.297 Pilot in command: Instrument pro-
135.185 Empty weight and center of gravity: ficiency check requirements.
Currency requirement. 135.299 Pilot in command: Line checks:
Routes and airports.
Subpart D—VFR/IFR Operating Limitations 135.301 Crewmember: Tests and checks,
and Weather Requirements grace provisions, training to accepted
135.201 Applicability. standards.
135.203 VFR: Minimum altitudes.
135.205 VFR: Visibility requirements. Subpart H—Training
135.207 VFR: Helicopter surface reference
135.321 Applicability and terms used.
requirements.
135.323 Training program: General.
135.209 VFR: Fuel supply.
135.211 VFR: Over-the-top carrying pas- 135.324 Training program: Special rules.
sengers: Operating limitations. 135.325 Training program and revision: Ini-
135.213 Weather reports and forecasts. tial and final approval.
135.215 IFR: Operating limitations. 135.327 Training program: Curriculum.
135.217 IFR: Takeoff limitations. 135.329 Crewmember training requirements.
135.219 IFR: Destination airport weather 135.330 Crew resource management training.
minimums. 135.331 Crewmember emergency training.
135.221 IFR: Alternate airport weather 135.335 Approval of aircraft simulators and
minimums. other training devices.
135.223 IFR: Alternate airport requirements. 135.336 Airline transport pilot certification
135.225 IFR: Takeoff, approach and landing training program.
minimums. 135.337 Qualifications: Check airmen (air-
135.227 Icing conditions: Operating limita- craft) and check airmen (simulator).
tions. 135.338 Qualifications: Flight instructors
135.229 Airport requirements. (aircraft) and flight instructors (simu-
lator).
Subpart E—Flight Crewmember 135.339 Initial and transition training and
Requirements checking: Check airmen (aircraft), check
airmen (simulator).
135.241 Applicability. 135.340 Initial and transition training and
135.243 Pilot in command qualifications.
checking: Flight instructors (aircraft),
135.244 Operating experience.
flight instructors (simulator).
135.245 Second in command qualifications.
135.341 Pilot and flight attendant crew-
135.247 Pilot qualifications: Recent experi-
member training programs.
ence.
135.249–135.255 [Reserved] 135.343 Crewmember initial and recurrent
training requirements.
Subpart F—Crewmember Flight Time and 135.345 Pilots: Initial, transition, and up-
grade ground training.
Duty Period Limitations and Rest Re-
135.347 Pilots: Initial, transition, upgrade,
quirements and differences flight training.
135.261 Applicability. 135.349 Flight attendants: Initial and transi-
135.263 Flight time limitations and rest re- tion ground training.
quirements: All certificate holders. 135.351 Recurrent training.
135.265 Flight time limitations and rest re- 135.353 [Reserved]
quirements: Scheduled operations.
135.267 Flight time limitations and rest re- Subpart I—Airplane Performance
quirements: Unscheduled one- and two- Operating Limitations
pilot crews.
135.269 Flight time limitations and rest re- 135.361 Applicability.
quirements: Unscheduled three- and four- 135.363 General.
pilot crews. 135.364 Maximum flying time outside the
135.271 Helicopter hospital emergency med- United States.
spaschal on DSKJM0X7X2PROD with CFR

ical evacuation service (HEMES). 135.365 Large transport category airplanes:


135.273 Duty period limitations and rest Reciprocating engine powered: Weight
time requirements. limitations.

406

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Federal Aviation Administration, DOT Pt. 135
135.367 Large transport category airplanes: certificated with nine or fewer passenger
Reciprocating engine powered: Takeoff seats.
limitations. 135.423 Maintenance, preventive mainte-
135.369 Large transport category airplanes: nance, and alteration organization.
Reciprocating engine powered: En route 135.425 Maintenance, preventive mainte-
limitations: All engines operating. nance, and alteration programs.
135.371 Large transport category airplanes: 135.426 Contract maintenance.
Reciprocating engine powered: En route 135.427 Manual requirements.
limitations: One engine inoperative. 135.429 Required inspection personnel.
135.373 Part 25 transport category airplanes 135.431 Continuing analysis and surveil-
with four or more engines: Reciprocating lance.
engine powered: En route limitations: 135.433 Maintenance and preventive mainte-
Two engines inoperative. nance training program.
135.375 Large transport category airplanes: 135.435 Certificate requirements.
Reciprocating engine powered: Landing 135.437 Authority to perform and approve
limitations: Destination airports. maintenance, preventive maintenance,
135.377 Large transport category airplanes: and alterations.
Reciprocating engine powered: Landing 135.439 Maintenance recording require-
limitations: Alternate airports. ments.
135.379 Large transport category airplanes: 135.441 Transfer of maintenance records.
Turbine engine powered: Takeoff limita- 135.443 Airworthiness release or aircraft
tions. maintenance log entry.
135.381 Large transport category airplanes:
Turbine engine powered: En route limita- Subpart K—Hazardous Materials Training
tions: One engine inoperative. Program
135.383 Large transport category airplanes:
Turbine engine powered: En route limita- 135.501 Applicability and definitions.
tions: Two engines inoperative. 135.503 Hazardous materials training: Gen-
135.385 Large transport category airplanes: eral.
Turbine engine powered: Landing limita- 135.505 Hazardous materials training re-
tions: Destination airports. quired.
135.387 Large transport category airplanes: 135.507 Hazardous materials training
Turbine engine powered: Landing limita- records.
tions: Alternate airports.
135.389 Large nontransport category air- Subpart L—Helicopter Air Ambulance
planes: Takeoff limitations. Equipment, Operations, and Training
135.391 Large nontransport category air- Requirements
planes: En route limitations: One engine
inoperative. 135.601 Applicability and definitions.
135.393 Large nontransport category air- 135.603 Pilot-in-command instrument quali-
planes: Landing limitations: Destination fications.
airports. 135.605 Helicopter terrain awareness and
135.395 Large nontransport category air- warning system (HTAWS).
planes: Landing limitations: Alternate 135.607 Flight Data Monitoring System.
airports. 135.609 VFR ceiling and visibility require-
135.397 Small transport category airplane ments for Class G airspace.
performance operating limitations. 135.611 IFR operations at locations without
135.398 Commuter category airplanes per- weather reporting.
formance operating limitations. 135.613 Approach/departure IFR transitions.
135.399 Small nontransport category air- 135.615 VFR flight planning.
plane performance operating limitations. 135.617 Pre-flight risk analysis.
135.619 Operations control centers.
Subpart J—Maintenance, Preventive 135.621 Briefing of medical personnel.
Maintenance, and Alterations APPENDIX A TO PART 135—ADDITIONAL AIR-
WORTHINESS STANDARDS FOR 10 OR MORE
135.411 Applicability. PASSENGER AIRPLANES
135.413 Responsibility for airworthiness. APPENDIX B TO PART 135—AIRPLANE FLIGHT
135.415 Service difficulty reports. RECORDER SPECIFICATIONS
135.417 Mechanical interruption summary APPENDIX C TO PART 135—HELICOPTER FLIGHT
report. RECORDER SPECIFICATIONS
135.419 Approved aircraft inspection pro- APPENDIX D TO PART 135—AIRPLANE FLIGHT
gram. RECORDER SPECIFICATION
135.421 Additional maintenance require- APPENDIX E TO PART 135—HELICOPTER FLIGHT
spaschal on DSKJM0X7X2PROD with CFR

ments. RECORDER SPECIFICATIONS


135.422 Aging airplane inspections and APPENDIX F TO PART 135—AIRPLANE FLIGHT
records reviews for multiengine airplanes RECORDER SPECIFICATIONS

407

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Pt. 135, SFAR No. 50–2, Nt. 14 CFR Ch. I (1–1–21 Edition)
APPENDIX G TO PART 135—EXTENDED OPER- ing, qualification, or evaluation func-
ATIONS (ETOPS) tions under an Advanced Qualification
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113, Program under subpart Y of part 121 of
41706, 44701–44702, 44705, 44709, 44711–44713, this chapter of 14 CFR part 121.
44715–44717, 44722, 44730, 45101–45105; Pub. L. (5) Nonstop Commercial Air Tour
112–95, 126 Stat. 58 (49 U.S.C. 44730). flights conducted for compensation or
SOURCE: Docket No. 16097, 43 FR 46783, Oct. hire in accordance with § 119.1(e)(2) of
10, 1978, unless otherwise noted. this chapter that begin and end at the
same airport and are conducted within
SPECIAL FEDERAL AVIATION REGULATION a 25-statute-mile radius of that airport;
NO. 50–2 provided further that these operations
must comply only with the drug and
EDITORIAL NOTE: For the text of SFAR No. alcohol testing requirements in
50–2, see part 91 of this chapter. §§ 120.31, 120.33, 120.35, 120.37, and 120.39
SPECIAL FEDERAL AVIATION REGULATION of this chapter; and with the provisions
NO. 71 of part 136, subpart A, and § 91.147 of
this chapter by September 11, 2007.
EDITORIAL NOTE: For the text of SFAR No. (6) Each person who is on board an
71, see part 91 of this chapter. aircraft being operated under this part.
(7) Each person who is an applicant
SPECIAL FEDERAL AVIATION REGULATION for an Air Carrier Certificate or an Op-
NO. 89 erating Certificate under 119 of this
chapter, when conducting proving
EDITORIAL NOTE: For the text of SFAR No. tests.
89, see part 121 of this chapter. (8) Commercial Air tours conducted
by holders of operations specifications
SPECIAL FEDERAL AVIATION REGULATION issued under this part must comply
NO. 97 with the provisions of part 136, Subpart
A of this chapter by September 11, 2007.
EDITORIAL NOTE: For the text of SFAR No.
(9) Helicopter air ambulance oper-
97, see part 91 of this chapter.
ations as defined in § 135.601(b)(1).
(b) [Reserved]
Subpart A—General (c) An operator who does not hold a
§ 135.1 Applicability. part 119 certificate and who operates
under the provisions of § 91.147 of this
(a) This part prescribes rules gov- chapter is permitted to use a person
erning— who is otherwise authorized to perform
(1) The commuter or on-demand oper- aircraft maintenance or preventive
ations of each person who holds or is maintenance duties and who is not sub-
required to hold an Air Carrier Certifi- ject to anti-drug and alcohol misuse
cate or Operating Certificate under prevent programs to perform—
part 119 of this chapter. (1) Aircraft maintenance or preven-
(2) Each person employed or used by tive maintenance on the operator’s air-
a certificate holder conducting oper- craft if the operator would otherwise
ations under this part including the be required to transport the aircraft
maintenance, preventative mainte- more than 50 nautical miles further
nance and alteration of an aircraft. than the repair point closest to opera-
(3) The transportation of mail by air- tor’s principal place of operation to ob-
craft conducted under a postal service tain these services; or
contract awarded under 39 U.S.C. 5402c. (2) Emergency repairs on the opera-
(4) Each person who applies for provi- tor’s aircraft if the aircraft cannot be
sional approval of an Advanced Quali- safely operated to a location where an
fication Program curriculum, cur- employee subject to FAA-approved pro-
riculum segment, or portion of a cur- grams can perform the repairs.
riculum segment under subpart Y of
part 121 of this chapter of 14 CFR part [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978]
spaschal on DSKJM0X7X2PROD with CFR

121 and each person employed or used EDITORIAL NOTE: For FEDERAL REGISTER ci-
by an air carrier or commercial oper- tations affecting § 135.1, see the List of CFR
ator under this part to perform train- Sections Affected, which appears in the

408

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Federal Aviation Administration, DOT § 135.2
Finding Aids section of the printed volume each person described in paragraph
and at www.govinfo.gov. (a)(2) of this section shall comply with
each applicable requirement of part 121
§ 135.2 Compliance schedule for opera-
tors that transition to part 121 of of this chapter on and after the date on
this chapter; certain new entrant which that person is issued a certifi-
operators. cate and operations specifications
under part 121 of this chapter.
(a) Applicability. This section applies
to the following: (d) Delayed compliance dates. Unless
(1) Each certificate holder that was paragraph (e) of this section specifies
issued an air carrier or operating cer- an earlier compliance date, no certifi-
tificate and operations specifications cate holder that is covered by para-
under the requirements of part 135 of graph (a) of this section may operate
this chapter or under SFAR No. 38–2 of an airplane in 14 CFR part 121 oper-
14 CFR part 121 before January 19, 1996, ations on or after a date listed in this
and that conducts scheduled passenger- paragraph unless that airplane meets
carrying operations with: the applicable requirement of this
(i) Nontransport category turbo- paragraph:
propeller powered airplanes type cer- (1) Nontransport category turbo-
tificated after December 31, 1964, that propeller powered airplanes type certifi-
have a passenger seat configuration of cated after December 31, 1964, that have a
10–19 seats; passenger seat configuration of 10–19
(ii) Transport category turbo- seats. No certificate holder may oper-
propeller powered airplanes that have a ate under this part an airplane that is
passenger seat configuration of 20–30 described in paragraph (a)(1)(i) of this
seats; or section on or after a date listed in
(iii) Turbojet engine powered air- paragraph (d)(1) of this section unless
planes having a passenger seat configu- that airplane meets the applicable re-
ration of 1–30 seats. quirement listed in paragraph (d)(1) of
(2) Each person who, after January this section:
19, 1996, applies for or obtains an initial (i) December 20, 1997:
air carrier or operating certificate and (A) Section 121.289, Landing gear
operations specifications to conduct aural warning.
scheduled passenger-carrying oper- (B) Section 121.308, Lavatory fire pro-
ations in the kinds of airplanes de- tection.
scribed in paragraphs (a)(1)(i), (a)(1)(ii), (C) Section 121.310(e), Emergency exit
or paragraph (a)(1)(iii) of this section. handle illumination.
(b) Obtaining operations specifications. (D) Section 121.337(b)(8), Protective
A certificate holder described in para- breathing equipment.
graph (a)(1) of this section may not,
(E) Section 121.340, Emergency flota-
after March 20, 1997, operate an air-
tion means.
plane described in paragraphs (a)(1)(i),
(a)(1)(ii), or (a)(1)(iii) of this section in (ii) December 20, 1999: Section 121.342,
scheduled passenger-carrying oper- Pitot heat indication system.
ations, unless it obtains operations (iii) December 20, 2010:
specifications to conduct its scheduled (A) For airplanes described in
operations under part 121 of this chap- § 121.157(f), the Airplane Performance
ter on or before March 20, 1997. Operating Limitations in §§ 121.189
(c) Regular or accelerated compliance. through 121.197.
Except as provided in paragraphs (d), (B) Section 121.161(b), Ditching ap-
and (e) of this section, each certificate proval.
holder described in paragraph (a)(1) of (C) Section 121.305(j), Third attitude
this section shall comply with each ap- indicator.
plicable requirement of part 121 of this (D) Section 121.312(c), Passenger seat
chapter on and after March 20, 1997 or cushion flammability.
on and after the date on which the cer- (iv) March 12, 1999: Section
tificate holder is issued operations 121.310(b)(1), Interior emergency exit
spaschal on DSKJM0X7X2PROD with CFR

specifications under this part, which- locating sign.


ever occurs first. Except as provided in (2) Transport category turbopropeller
paragraphs (d) and (e) of this section, powered airplanes that have a passenger

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§ 135.3 14 CFR Ch. I (1–1–21 Edition)

seat configuration of 20–30 seats. No cer- (g) Transition plan. Before March 19,
tificate holder may operate under this 1996 each certificate holder described in
part an airplane that is described in paragraph (a)(1) of this section must
paragraph (a)(1)(ii) of this section on or submit to the FAA a transition plan
after a date listed in paragraph (d)(2) of (containing a calendar of events) for
this section unless that airplane meets moving from conducting its scheduled
the applicable requirement listed in operations under the commuter re-
paragraph (d)(2) of this section: quirements of part 135 of this chapter
(i) December 20, 1997: to the requirements for domestic or
(A) Section 121.308, Lavatory fire pro- flag operations under part 121 of this
tection. chapter. Each transition plan must
(B) Section 121.337(b) (8) and (9), Pro- contain details on the following:
tective breathing equipment. (1) Plans for obtaining new oper-
(C) Section 121.340, Emergency flota- ations specifications authorizing do-
tion means. mestic or flag operations;
(ii) December 20, 2010: Section (2) Plans for being in compliance
121.305(j), Third attitude indicator. with the applicable requirements of
(e) Newly manufactured airplanes. No part 121 of this chapter on or before
certificate holder that is described in March 20, 1997; and
paragraph (a) of this section may oper- (3) Plans for complying with the com-
ate under part 121 of this chapter an pliance date schedules contained in
airplane manufactured on or after a paragraphs (d) and (e) of this section.
date listed in this paragraph (e) unless [Doc. No. 28154, 60 FR 65938, Dec. 20, 1995, as
that airplane meets the applicable re- amended by Amdt. 135–65, 61 FR 30435, June
quirement listed in this paragraph (e). 14, 1996; Amdt. 135–66, 62 FR 13257, Mar. 19,
1997]
(1) For nontransport category turbo-
propeller powered airplanes type cer- § 135.3 Rules applicable to operations
tificated after December 31, 1964, that subject to this part.
have a passenger seat configuration of
10–19 seats: (a) Each person operating an aircraft
in operations under this part shall—
(i) Manufactured on or after March
(1) While operating inside the United
20, 1997:
States, comply with the applicable
(A) Section 121.305(j), Third attitude rules of this chapter; and
indicator. (2) While operating outside the
(B) Section 121.311(f), Safety belts United States, comply with Annex 2,
and shoulder harnesses. Rules of the Air, to the Convention on
(ii) Manufactured on or after Decem- International Civil Aviation or the reg-
ber 20, 1997: Section 121.317(a), Fasten ulations of any foreign country, which-
seat belt light. ever applies, and with any rules of
(iii) Manufactured on or after Decem- parts 61 and 91 of this chapter and this
ber 20, 1999: Section 121.293, Takeoff part that are more restrictive than
warning system. that Annex or those regulations and
(iv) Manufactured on or after March that can be complied with without vio-
12, 1999: Section 121.310(b)(1), Interior lating that Annex or those regulations.
emergency exit locating sign. Annex 2 is incorporated by reference in
(2) For transport category turbo- § 91.703(b) of this chapter.
propeller powered airplanes that have a (b) Each certificate holder that con-
passenger seat configuration of 20–30 ducts commuter operations under this
seats manufactured on or after March part with airplanes in which two pilots
20, 1997: Section 121.305(j), Third atti- are required by the type certification
tude indicator. rules of this chapter shall comply with
(f) New type certification requirements. subparts N and O of part 121 of this
No person may operate an airplane for chapter instead of the requirements of
which the application for a type cer- subparts E, G, and H of this part. Not-
tificate was filed after March 29, 1995, withstanding the requirements of this
spaschal on DSKJM0X7X2PROD with CFR

in 14 CFR part 121 operations unless paragraph, a pilot serving under this
that airplane is type certificated under part as second in command in a com-
part 25 of this chapter. muter operation with airplanes in

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Federal Aviation Administration, DOT § 135.4

which two pilots are required by the ing for pilots in command who serve in
type certification rules of this chapter operations that use only one pilot.
may meet the requirements of § 135.245 (3) One-time leadership and command
instead of the requirements of § 121.436. and mentoring training. Section 121.429
(c) If authorized by the Adminis- of this chapter does not apply to cer-
trator upon application, each certifi- tificate holders conducting operations
cate holder that conducts operations under this part when those operations
under this part to which paragraph (b) use only one pilot.
of this section does not apply, may
[Doc. No. 27993, 60 FR 65949, Dec. 20, 1995, as
comply with the applicable sections of amended by Amdt. 135–65, 61 FR 30435, June
subparts N and O of part 121 instead of 14, 1996; Amdt. 135–127A, 78 FR 77574, Dec. 24,
the requirements of subparts E, G, and 2013; Docket FAA–2010–0100, Amdt. 135–127B,
H of this part, except that those au- 81 FR 2, Jan. 4, 2016; Amdt. 135–142, 85 FR
thorized certificate holders may choose 10935, Feb. 25, 2020]
to comply with the operating experi-
ence requirements of § 135.244, instead § 135.4 Applicability of rules for eligi-
of the requirements of § 121.434 of this ble on-demand operations.
chapter. Notwithstanding the require- (a) An ‘‘eligible on-demand oper-
ments of this paragraph, a pilot serving ation’’ is an on-demand operation con-
under this part as second in command ducted under this part that meets the
may meet the requirements of § 135.245 following requirements:
instead of the requirements of § 121.436. (1) Two-pilot crew. The flightcrew
(d) Additional limitations applicable must consist of at least two qualified
to certificate holders that are required pilots employed or contracted by the
by paragraph (b) of this section or au- certificate holder.
thorized in accordance with paragraph (2) Flight crew experience. The crew-
(c) of this section, to comply with part members must have met the applicable
121, subparts N and O of this chapter requirements of part 61 of this chapter
instead of subparts E, G, and H of this and have the following experience and
part. ratings:
(1) Upgrade training. (i) Each certifi- (i) Total flight time for all pilots:
cate holder must include in upgrade (A) Pilot in command—A minimum
ground training for pilots, instruction of 1,500 hours.
in at least the subjects identified in (B) Second in command—A minimum
§ 121.419(a) of this chapter, as applicable of 500 hours.
to their assigned duties; and, for pilots (ii) For multi-engine turbine-powered
serving in crews of two or more pilots, fixed-wing and powered-lift aircraft,
beginning on April 27, 2022, instruction the following FAA certification and
and facilitated discussion in the sub- ratings requirements:
jects identified in § 121.419(c) of this (A) Pilot in command—Airline trans-
chapter. port pilot and applicable type ratings.
(ii) Each certificate holder must in- (B) Second in command—Commercial
clude in upgrade flight training for pi- pilot and instrument ratings.
lots, flight training for the maneuvers (iii) For all other aircraft, the fol-
and procedures required in § 121.424(a), lowing FAA certification and rating re-
(c), (e), and (f) of this chapter; and, for quirements:
pilots serving in crews of two or more (A) Pilot in command—Commercial
pilots, beginning on April 27, 2022, the pilot and instrument ratings.
flight training required in § 121.424(b) of (B) Second in command—Commercial
this chapter. pilot and instrument ratings.
(2) Initial and recurrent leadership and (3) Pilot operating limitations. If the
command and mentoring training. Cer- second in command of a fixed-wing air-
tificate holders are not required to in- craft has fewer than 100 hours of flight
clude leadership and command training time as second in command flying in
in §§ 121.409(b)(2)(ii)(B)(6), 121.419(c)(1), the aircraft make and model and, if a
121.424(b) and 121.427(d)(1) of this chap- type rating is required, in the type air-
spaschal on DSKJM0X7X2PROD with CFR

ter and mentoring training in craft being flown, and the pilot in com-
§§ 121.419(c)(2) and 121.427(d)(1) of this mand is not an appropriately qualified
chapter in initial and recurrent train- check pilot, the pilot in command shall

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§ 135.7 14 CFR Ch. I (1–1–21 Edition)

make all takeoffs and landings in any (2) An existing certificate holder adds
of the following situations: to its fleet a new category and class
(i) Landings at the destination air- aircraft not used before in its oper-
port when a Destination Airport Anal- ation.
ysis is required by § 135.385(f); and (3) An existing certificate holder es-
(ii) In any of the following condi- tablishes a new base to which it assigns
tions: pilots who will be required to become
(A) The prevailing visibility for the qualified on the aircraft operated from
airport is at or below 3⁄4 mile. that base.
(B) The runway visual range for the (c) An eligible on-demand operation
runway to be used is at or below 4,000 may comply with alternative require-
feet. ments specified in §§ 135.225(b),
(C) The runway to be used has water, 135.385(f), and 135.387(b) instead of the
snow, slush, ice, or similar contamina- requirements that apply to other on-
tion that may adversely affect aircraft demand operations.
performance. [Doc. No. FAA–2001–10047, 68 FR 54585, Sept.
(D) The braking action on the run- 17, 2003, as amended by Docket FAA–2018–
way to be used is reported to be less 0119, Amdt. 135–139, 83 FR 9175, Mar. 5, 2018]
than ‘‘good.’’
(E) The crosswind component for the § 135.7 Applicability of rules to unau-
runway to be used is in excess of 15 thorized operators.
knots. The rules in this part which apply to
(F) Windshear is reported in the vi- a person certificated under part 119 of
cinity of the airport. this chapter also apply to a person who
(G) Any other condition in which the engages in any operation governed by
pilot in command determines it to be this part without an appropriate cer-
prudent to exercise the pilot in com- tificate and operations specifications
mand’s authority. required by part 119 of this chapter.
(4) Crew pairing. Either the pilot in
command or the second in command [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–58, 60 FR 65939, Dec.
must have at least 75 hours of flight
20, 1995]
time in that aircraft make or model
and, if a type rating is required, for § 135.12 Previously trained crew-
that type aircraft, either as pilot in members.
command or second in command. A certificate holder may use a crew-
(b) The Administrator may authorize member who received the certificate
deviations from paragraphs (a)(2)(i) or holder’s training in accordance with
(a)(4) of this section if the responsible subparts E, G, and H of this part before
Flight Standards office that issued the March 19, 1997 without complying with
certificate holder’s operations speci- initial training and qualification re-
fications finds that the crewmember quirements of subparts N and O of part
has comparable experience, and can ef- 121 of this chapter. The crewmember
fectively perform the functions associ- must comply with the applicable recur-
ated with the position in accordance rent training requirements of part 121
with the requirements of this chapter. of this chapter.
The Administrator may, at any time,
terminate any grant of deviation au- [Doc. No. 27993, 60 FR 65950, Dec. 20, 1995]
thority issued under this paragraph.
Grants of deviation under this para- § 135.19 Emergency operations.
graph may be granted after consider- (a) In an emergency involving the
ation of the size and scope of the oper- safety of persons or property, the cer-
ation, the qualifications of the in- tificate holder may deviate from the
tended personnel and the following cir- rules of this part relating to aircraft
cumstances: and equipment and weather minimums
(1) A newly authorized certificate to the extent required to meet that
holder does not employ any pilots who emergency.
spaschal on DSKJM0X7X2PROD with CFR

meet the minimum requirements of (b) In an emergency involving the


paragraphs (a)(2)(i) or (a)(4) of this sec- safety of persons or property, the pilot
tion. in command may deviate from the

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Federal Aviation Administration, DOT § 135.23

rules of this part to the extent required shall keep it up to date with the
to meet that emergency. changes and additions furnished to
(c) Each person who, under the au- them.
thority of this section, deviates from a (f) Except as provided in paragraph
rule of this part shall, within 10 days, (h) of this section, each certificate
excluding Saturdays, Sundays, and holder must carry appropriate parts of
Federal holidays, after the deviation, the manual on each aircraft when away
send to the responsible Flight Stand- from the principal operations base. The
ards office charged with the overall in- appropriate parts must be available for
spection of the certificate holder a use by ground or flight personnel.
complete report of the aircraft oper- (g) For the purpose of complying
ation involved, including a description with paragraph (d) of this section, a
of the deviation and reasons for it. certificate holder may furnish the per-
[Docket No. 16097, 43 FR 46783, Oct. 10, 1978, sons listed therein with all or part of
as amended by Docket FAA–2018–0119, Amdt. its manual in printed form or other
135–139, 83 FR 9175, Mar. 5, 2018] form, acceptable to the Administrator,
that is retrievable in the English lan-
§ 135.21 Manual requirements.
guage. If the certificate holder fur-
(a) Each certificate holder, other nishes all or part of the manual in
than one who uses only one pilot in the other than printed form, it must en-
certificate holder’s operations, shall sure there is a compatible reading de-
prepare and keep current a manual set- vice available to those persons that
ting forth the certificate holder’s pro- provides a legible image of the infor-
cedures and policies acceptable to the mation and instructions, or a system
Administrator. This manual must be that is able to retrieve the information
used by the certificate holder’s flight, and instructions in the English lan-
ground, and maintenance personnel in guage.
conducting its operations. However, (h) If a certificate holder conducts
the Administrator may authorize a de- aircraft inspections or maintenance at
viation from this paragraph if the Ad- specified stations where it keeps the
ministrator finds that, because of the approved inspection program manual,
limited size of the operation, all or it is not required to carry the manual
part of the manual is not necessary for aboard the aircraft en route to those
guidance of flight, ground, or mainte- stations.
nance personnel.
(b) Each certificate holder shall [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
maintain at least one copy of the man- amended by Amdt. 135–18, 47 FR 33396, Aug. 2,
ual at its principal base of operations. 1982; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995;
Amdt. 135–66, 62 FR 13257, Mar. 19, 1997;
(c) The manual must not be contrary
Amdt. 135–91, 68 FR 54585, Sept. 17, 2003]
to any applicable Federal regulations,
foreign regulation applicable to the § 135.23 Manual contents.
certificate holder’s operations in for-
eign countries, or the certificate hold- Each manual shall have the date of
er’s operating certificate or operations the last revision on each revised page.
specifications. The manual must include—
(d) A copy of the manual, or appro- (a) The name of each management
priate portions of the manual (and person required under § 119.69(a) of this
changes and additions) shall be made chapter who is authorized to act for
available to maintenance and ground the certificate holder, the person’s as-
operations personnel by the certificate signed area of responsibility, the per-
holder and furnished to— son’s duties, responsibilities, and au-
(1) Its flight crewmembers; and thority, and the name and title of each
(2) Representatives of the Adminis- person authorized to exercise oper-
trator assigned to the certificate hold- ational control under § 135.77;
er. (b) Procedures for ensuring compli-
(e) Each employee of the certificate ance with aircraft weight and balance
spaschal on DSKJM0X7X2PROD with CFR

holder to whom a manual or appro- limitations and, for multiengine air-


priate portions of it are furnished craft, for determining compliance with
under paragraph (d)(1) of this section § 135.185;

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§ 135.23 14 CFR Ch. I (1–1–21 Edition)

(c) Copies of the certificate holder’s (o) The approved aircraft inspection
operations specifications or appro- program, when applicable;
priate extracted information, including (p)(1) Procedures and information, as
area of operations authorized, category described in paragraph (p)(2) of this
and class of aircraft authorized, crew section, to assist each crewmember and
complements, and types of operations person performing or directly super-
authorized; vising the following job functions in-
(d) Procedures for complying with ac- volving items for transport on an air-
cident notification requirements; craft:
(e) Procedures for ensuring that the (i) Acceptance;
pilot in command knows that required (ii) Rejection;
airworthiness inspections have been (iii) Handling;
made and that the aircraft has been ap- (iv) Storage incidental to transport;
proved for return to service in compli- (v) Packaging of company material;
ance with applicable maintenance re- or
quirements; (vi) Loading.
(f) Procedures for reporting and re- (2) Ensure that the procedures and
cording mechanical irregularities that information described in this para-
come to the attention of the pilot in graph are sufficient to assist a person
command before, during, and after in identifying packages that are
completion of a flight; marked or labeled as containing haz-
(g) Procedures to be followed by the ardous materials or that show signs of
pilot in command for determining that containing undeclared hazardous mate-
mechanical irregularities or defects re- rials. The procedures and information
ported for previous flights have been must include:
corrected or that correction has been (i) Procedures for rejecting packages
deferred; that do not conform to the Hazardous
(h) Procedures to be followed by the Materials Regulations in 49 CFR parts
pilot in command to obtain mainte- 171 through 180 or that appear to con-
nance, preventive maintenance, and tain undeclared hazardous materials;
servicing of the aircraft at a place (ii) Procedures for complying with
where previous arrangements have not the hazardous materials incident re-
been made by the operator, when the porting requirements of 49 CFR 171.15
pilot is authorized to so act for the op- and 171.16 and discrepancy reporting re-
erator; quirements of 49 CFR 175.31.
(i) Procedures under § 135.179 for the (iii) The certificate holder’s hazmat
release for, or continuation of, flight if policies and whether the certificate
any item of equipment required for the holder is authorized to carry, or is pro-
particular type of operation becomes hibited from carrying, hazardous mate-
inoperative or unserviceable en route; rials; and
(j) Procedures for refueling aircraft, (iv) If the certificate holder’s oper-
eliminating fuel contamination, pro- ations specifications permit the trans-
tecting from fire (including electro- port of hazardous materials, procedures
static protection), and supervising and and information to ensure the fol-
protecting passengers during refueling; lowing:
(k) Procedures to be followed by the (A) That packages containing haz-
pilot in command in the briefing under ardous materials are properly offered
§ 135.117; and accepted in compliance with 49
(l) Flight locating procedures, when CFR parts 171 through 180;
applicable; (B) That packages containing haz-
(m) Procedures for ensuring compli- ardous materials are properly handled,
ance with emergency procedures, in- stored, packaged, loaded and carried on
cluding a list of the functions assigned board an aircraft in compliance with 49
each category of required crew- CFR parts 171 through 180;
members in connection with an emer- (C) That the requirements for Notice
gency and emergency evacuation du- to the Pilot in Command (49 CFR
spaschal on DSKJM0X7X2PROD with CFR

ties under § 135.123; 175.33) are complied with; and


(n) En route qualification procedures (D) That aircraft replacement parts,
for pilots, when applicable; consumable materials or other items

414

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Federal Aviation Administration, DOT § 135.25

regulated by 49 CFR parts 171 through at least one kind of operation author-
180 are properly handled, packaged, and ized in the certificate holder’s oper-
transported. ations specifications. In addition, for
(q) Procedures for the evacuation of each kind of operation for which the
persons who may need the assistance of certificate holder does not have the ex-
another person to move expeditiously clusive use of an aircraft, the certifi-
to an exit if an emergency occurs; and cate holder must have available for use
(r) If required by § 135.385, an ap- under a written agreement (including
proved Destination Airport Analysis arrangements for performing required
establishing runway safety margins at maintenance) at least one aircraft that
destination airports, taking into ac- meets the requirements for that kind
count the following factors as sup- of operation. However, this paragraph
ported by published aircraft perform- does not prohibit the operator from
ance data supplied by the aircraft man- using or authorizing the use of the air-
ufacturer for the appropriate runway craft for other than operations under
conditions— this part and does not require the cer-
(1) Pilot qualifications and experi- tificate holder to have exclusive use of
ence; all aircraft that the certificate holder
(2) Aircraft performance data to in- uses.
clude normal, abnormal and emergency (c) For the purposes of paragraph (b)
procedures as supplied by the aircraft of this section, a person has exclusive
manufacturer; use of an aircraft if that person has the
(3) Airport facilities and topography; sole possession, control, and use of it
(4) Runway conditions (including for flight, as owner, or has a written
contamination); agreement (including arrangements for
(5) Airport or area weather reporting; performing required maintenance), in
(6) Appropriate additional runway effect when the aircraft is operated,
safety margins, if required; giving the person that possession, con-
(7) Airplane inoperative equipment; trol, and use for at least 6 consecutive
(8) Environmental conditions; and months.
(9) Other criteria affecting aircraft (d) A certificate holder may operate
performance. in common carriage, and for the car-
(s) Other procedures and policy in- riage of mail, a civil aircraft which is
structions regarding the certificate leased or chartered to it without crew
holder’s operations issued by the cer- and is registered in a country which is
tificate holder. a party to the Convention on Inter-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as national Civil Aviation if—
amended by Amdt. 135–20, 51 FR 40709, Nov. 7, (1) The aircraft carries an appro-
1986; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995; priate airworthiness certificate issued
Amdt. 135–91, 68 FR 54586, Sept. 17, 2003; by the country of registration and
Amdt. 135–101, 70 FR 58829, Oct. 7, 2005] meets the registration and identifica-
tion requirements of that country;
§ 135.25 Aircraft requirements. (2) The aircraft is of a type design
(a) Except as provided in paragraph which is approved under a U.S. type
(d) of this section, no certificate holder certificate and complies with all of the
may operate an aircraft under this part requirements of this chapter (14 CFR
unless that aircraft— chapter I) that would be applicable to
(1) Is registered as a civil aircraft of that aircraft were it registered in the
the United States and carries an appro- United States, including the require-
priate and current airworthiness cer- ments which must be met for issuance
tificate issued under this chapter; and of a U.S. standard airworthiness cer-
(2) Is in an airworthy condition and tificate (including type design con-
meets the applicable airworthiness re- formity, condition for safe operation,
quirements of this chapter, including and the noise, fuel venting, and engine
those relating to identification and emission requirements of this chapter),
equipment. except that a U.S. registration certifi-
spaschal on DSKJM0X7X2PROD with CFR

(b) Each certificate holder must have cate and a U.S. standard airworthiness
the exclusive use of at least one air- certificate will not be issued for the
craft that meets the requirements for aircraft;

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§ 135.41 14 CFR Ch. I (1–1–21 Edition)

(3) The aircraft is operated by U.S.- Subpart B—Flight Operations


certificated airmen employed by the
certificate holder; and § 135.61 General.
(4) The certificate holder files a copy This subpart prescribes rules, in addi-
of the aircraft lease or charter agree- tion to those in part 91 of this chapter,
ment with the FAA Aircraft Registry, that apply to operations under this
Department of Transportation, 6400 part.
South MacArthur Boulevard, Okla-
homa City, OK (Mailing address: P.O. § 135.63 Recordkeeping requirements.
Box 25504, Oklahoma City, OK 73125). (a) Each certificate holder shall keep
at its principal business office or at
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as other places approved by the Adminis-
amended by Amdt. 135–8, 45 FR 68649, Oct. 16,
trator, and shall make available for in-
1980; Amdt. 135–66, 62 FR 13257, Mar. 19, 1997]
spection by the Administrator the fol-
§ 135.41 Carriage of narcotic drugs, lowing—
marihuana, and depressant or stim- (1) The certificate holder’s operating
ulant drugs or substances. certificate;
(2) The certificate holder’s operations
If the holder of a certificate oper- specifications;
ating under this part allows any air- (3) A current list of the aircraft used
craft owned or leased by that holder to or available for use in operations under
be engaged in any operation that the this part and the operations for which
certificate holder knows to be in viola- each is equipped;
tion of § 91.19(a) of this chapter, that (4) An individual record of each pilot
operation is a basis for suspending or used in operations under this part, in-
revoking the certificate. cluding the following information:
(i) The full name of the pilot.
[Doc. No. 28154, 60 FR 65939, Dec. 20, 1995] (ii) The pilot certificate (by type and
number) and ratings that the pilot
§ 135.43 Crewmember certificates:
holds.
International operations.
(iii) The pilot’s aeronautical experi-
(a) This section describes the certifi- ence in sufficient detail to determine
cates that were issued to United States the pilot’s qualifications to pilot air-
citizens who were employed by air car- craft in operations under this part.
riers at the time of issuance as flight (iv) The pilot’s current duties and the
crewmembers on United States reg- date of the pilot’s assignment to those
istered aircraft engaged in inter- duties.
national air commerce. The purpose of (v) The effective date and class of the
the certificate is to facilitate the entry medical certificate that the pilot
and clearance of those crewmembers holds.
into ICAO contracting states. They (vi) The date and result of each of the
were issued under Annex 9, as amended, initial and recurrent competency tests
and proficiency and route checks re-
to the Convention on International
quired by this part and the type of air-
Civil Aviation.
craft flown during that test or check.
(b) The holder of a certificate issued (vii) The pilot’s flight time in suffi-
under this section, or the air carrier by cient detail to determine compliance
whom the holder is employed, shall with the flight time limitations of this
surrender the certificate for cancella- part.
tion at the responsible Flight Stand- (viii) The pilot’s check pilot author-
ards office at the termination of the ization, if any.
holder’s employment with that air car- (ix) Any action taken concerning the
rier. pilot’s release from employment for
physical or professional disqualifica-
[Doc. No. 28154, 61 FR 30435, June 14, 1996, as
tion.
amended by Docket FAA–2018–0119, Amdt.
(x) The date of the completion of the
spaschal on DSKJM0X7X2PROD with CFR

135–139, 83 FR 9175, Mar. 5, 2018]


initial phase and each recurrent phase
of the training required by this part;
and

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Federal Aviation Administration, DOT § 135.65

(5) An individual record for each § 135.64 Retention of contracts and


flight attendant who is required under amendments: Commercial operators
this part, maintained in sufficient de- who conduct intrastate operations
tail to determine compliance with the for compensation or hire.
applicable portions of § 135.273 of this Each commercial operator who con-
part. ducts intrastate operations for com-
(b) Each certificate holder must keep pensation or hire shall keep a copy of
each record required by paragraph each written contract under which it
(a)(3) of this section for at least 6 provides services as a commercial oper-
months, and must keep each record re- ator for a period of at least one year
quired by paragraphs (a)(4) and (a)(5) of after the date of execution of the con-
this section for at least 12 months. tract. In the case of an oral contract, it
(c) For multiengine aircraft, each shall keep a memorandum stating its
certificate holder is responsible for the elements, and of any amendments to it,
preparation and accuracy of a load for a period of at least one year after
manifest in duplicate containing infor- the execution of that contract or
mation concerning the loading of the change.
aircraft. The manifest must be pre-
[Doc. No. 28154, 60 FR 65939, Dec. 20, 1995, as
pared before each takeoff and must in- amended by Amdt. 135–65, 61 FR 30435, June
clude: 14, 1996; Amdt. 135–66, 62 FR 13257, Mar. 19,
(1) The number of passengers; 1997]
(2) The total weight of the loaded air-
craft; § 135.65 Reporting mechanical irreg-
(3) The maximum allowable takeoff ularities.
weight for that flight; (a) Each certificate holder shall pro-
(4) The center of gravity limits; vide an aircraft maintenance log to be
(5) The center of gravity of the load- carried on board each aircraft for re-
ed aircraft, except that the actual cen- cording or deferring mechanical irreg-
ter of gravity need not be computed if ularities and their correction.
the aircraft is loaded according to a (b) The pilot in command shall enter
loading schedule or other approved or have entered in the aircraft mainte-
method that ensures that the center of nance log each mechanical irregularity
gravity of the loaded aircraft is within that comes to the pilot’s attention dur-
approved limits. In those cases, an ing flight time. Before each flight, the
entry shall be made on the manifest in- pilot in command shall, if the pilot
dicating that the center of gravity is does not already know, determine the
within limits according to a loading status of each irregularity entered in
schedule or other approved method; the maintenance log at the end of the
(6) The registration number of the preceding flight.
aircraft or flight number; (c) Each person who takes corrective
(7) The origin and destination; and action or defers action concerning a re-
(8) Identification of crew members ported or observed failure or malfunc-
and their crew position assignments. tion of an airframe, powerplant, pro-
(d) The pilot in command of an air- peller, rotor, or appliance, shall record
craft for which a load manifest must be the action taken in the aircraft main-
prepared shall carry a copy of the com- tenance log under the applicable main-
pleted load manifest in the aircraft to tenance requirements of this chapter.
its destination. The certificate holder (d) Each certificate holder shall es-
shall keep copies of completed load tablish a procedure for keeping copies
manifests for at least 30 days at its of the aircraft maintenance log re-
principal operations base, or at another quired by this section in the aircraft
location used by it and approved by the for access by appropriate personnel and
Administrator. shall include that procedure in the
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as manual required by § 135.21.
amended by Amdt. 135–52, 59 FR 42993, Aug.
19, 1994]

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§ 135.67 14 CFR Ch. I (1–1–21 Edition)

§ 135.67 Reporting potentially haz- tests (including en route inspections)


ardous meteorological conditions to determine the holder’s compliance
and irregularities of ground facili- with the Federal Aviation Act of 1958,
ties or navigation aids. applicable regulations, and the certifi-
Whenever a pilot encounters a poten- cate holder’s operating certificate, and
tially hazardous meteorological condi- operations specifications.
tion or an irregularity in a ground fa-
cility or navigation aid in flight, the § 135.75 Inspectors credentials: Admis-
knowledge of which the pilot considers sion to pilots’ compartment: For-
ward observer’s seat.
essential to the safety of other flights,
the pilot shall notify an appropriate (a) Whenever, in performing the du-
ground radio station as soon as prac- ties of conducting an inspection, an
ticable. FAA inspector presents an Aviation
Safety Inspector credential, FAA Form
[Doc. No. 16097, 43 FR 46783, Oct. 1, 1978, as 110A, to the pilot in command of an
amended at Amdt. 135–1, 44 FR 26737, May 7,
1979; Amdt. 135–110, 72 FR 31684, June 7, 2007]
aircraft operated by the certificate
holder, the inspector must be given
§ 135.69 Restriction or suspension of free and uninterrupted access to the
operations: Continuation of flight in pilot compartment of that aircraft.
an emergency. However, this paragraph does not limit
(a) During operations under this part, the emergency authority of the pilot in
if a certificate holder or pilot in com- command to exclude any person from
mand knows of conditions, including the pilot compartment in the interest
airport and runway conditions, that of safety.
are a hazard to safe operations, the cer- (b) A forward observer’s seat on the
tificate holder or pilot in command, as flight deck, or forward passenger seat
the case may be, shall restrict or sus- with headset or speaker must be pro-
pend operations as necessary until vided for use by the Administrator
those conditions are corrected. while conducting en route inspections.
(b) No pilot in command may allow a The suitability of the location of the
flight to continue toward any airport seat and the headset or speaker for use
of intended landing under the condi- in conducting en route inspections is
tions set forth in paragraph (a) of this determined by the Administrator.
section, unless, in the opinion of the
§ 135.76 DOD Commercial Air Carrier
pilot in command, the conditions that Evaluator’s Credentials: Admission
are a hazard to safe operations may to pilots compartment: Forward ob-
reasonably be expected to be corrected server’s seat.
by the estimated time of arrival or, un- (a) Whenever, in performing the du-
less there is no safer procedure. In the ties of conducting an evaluation, a
latter event, the continuation toward DOD commercial air carrier evaluator
that airport is an emergency situation presents S&A Form 110B, ‘‘DOD Com-
under § 135.19. mercial Air Carrier Evaluator’s Cre-
§ 135.71 Airworthiness check. dential,’’ to the pilot in command of an
aircraft operated by the certificate
The pilot in command may not begin holder, the evaluator must be given
a flight unless the pilot determines free and uninterrupted access to the pi-
that the airworthiness inspections re- lot’s compartment of that aircraft.
quired by § 91.409 of this chapter, or However, this paragraph does not limit
§ 135.419, whichever is applicable, have the emergency authority of the pilot in
been made. command to exclude any person from
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as the pilot compartment in the interest
amended by Amdt. 135–32, 54 FR 34332, Aug. of safety.
18, 1989] (b) A forward observer’s seat on the
flight deck or forward passenger seat
§ 135.73 Inspections and tests. with headset or speaker must be pro-
Each certificate holder and each per- vided for use by the evaluator while
spaschal on DSKJM0X7X2PROD with CFR

son employed by the certificate holder conducting en route evaluations. The


shall allow the Administrator, at any suitability of the location of the seat
time or place, to make inspections or and the headset or speaker for use in

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Federal Aviation Administration, DOT § 135.83

conducting en route evaluations is de- cedures are included in a manual re-


termined by the FAA. quired under this part.
[Doc. No. FAA–2003–15571, 68 FR 41218, July [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
10, 2003] amended by Amdt. 135–110, 72 FR 31684, June
7, 2007]
§ 135.77 Responsibility for operational
control. § 135.81 Informing personnel of oper-
ational information and appro-
Each certificate holder is responsible priate changes.
for operational control and shall list, Each certificate holder shall inform
in the manual required by § 135.21, the each person in its employment of the
name and title of each person author- operations specifications that apply to
ized by it to exercise operational con- that person’s duties and responsibil-
trol. ities and shall make available to each
pilot in the certificate holder’s employ
§ 135.78 Instrument approach proce- the following materials in current
dures and IFR landing minimums. form:
No person may make an instrument (a) Airman’s Information Manual
approach at an airport except in ac- (Alaska Supplement in Alaska and Pa-
cordance with IFR weather minimums cific Chart Supplement in Pacific-Asia
and instrument approach procedures Regions) or a commercial publication
set forth in the certificate holder’s op- that contains the same information.
erations specifications. (b) This part and part 91 of this chap-
ter.
[Doc. No. FAA–2002–14002, 72 FR 31684, June 7, (c) Aircraft Equipment Manuals, and
2007] Aircraft Flight Manual or equivalent.
(d) For foreign operations, the Inter-
§ 135.79 Flight locating requirements. national Flight Information Manual or
(a) Each certificate holder must have a commercial publication that con-
procedures established for locating tains the same information concerning
each flight, for which an FAA flight the pertinent operational and entry re-
plan is not filed, that— quirements of the foreign country or
(1) Provide the certificate holder countries involved.
with at least the information required § 135.83 Operating information re-
to be included in a VFR flight plan; quired.
(2) Provide for timely notification of
(a) The operator of an aircraft must
an FAA facility or search and rescue provide the following materials, in cur-
facility, if an aircraft is overdue or rent and appropriate form, accessible
missing; and to the pilot at the pilot station, and
(3) Provide the certificate holder the pilot shall use them:
with the location, date, and estimated (1) A cockpit checklist.
time for reestablishing communica- (2) For multiengine aircraft or for
tions, if the flight will operate in an aircraft with retractable landing gear,
area where communications cannot be an emergency cockpit checklist con-
maintained. taining the procedures required by
(b) Flight locating information shall paragraph (c) of this section, as appro-
be retained at the certificate holder’s priate.
principal place of business, or at other (3) Pertinent aeronautical charts.
places designated by the certificate (4) For IFR operations, each perti-
holder in the flight locating proce- nent navigational en route, terminal
dures, until the completion of the area, and approach and letdown chart.
flight. (5) For multiengine aircraft, one-en-
(c) Each certificate holder shall fur- gine-inoperative climb performance
data and if the aircraft is approved for
nish the representative of the Adminis-
use in IFR or over-the-top operations,
spaschal on DSKJM0X7X2PROD with CFR

trator assigned to it with a copy of its


that data must be sufficient to enable
flight locating procedures and any the pilot to determine compliance with
changes or additions, unless those pro- § 135.181(a)(2).

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§ 135.85 14 CFR Ch. I (1–1–21 Edition)

(b) Each cockpit checklist required (h) A DOD commercial air carrier
by paragraph (a)(1) of this section must evaluator conducting an en route eval-
contain the following procedures: uation.
(1) Before starting engines; [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
(2) Before takeoff; amended by Amdt. 135–88, 68 FR 41218, July
(3) Cruise; 10, 2003]
(4) Before landing;
§ 135.87 Carriage of cargo including
(5) After landing; carry-on baggage.
(6) Stopping engines.
No person may carry cargo, including
(c) Each emergency cockpit checklist carry-on baggage, in or on any aircraft
required by paragraph (a)(2) of this sec- unless—
tion must contain the following proce- (a) It is carried in an approved cargo
dures, as appropriate: rack, bin, or compartment installed in
(1) Emergency operation of fuel, hy- or on the aircraft;
draulic, electrical, and mechanical sys- (b) It is secured by an approved
tems. means; or
(2) Emergency operation of instru- (c) It is carried in accordance with
ments and controls. each of the following:
(3) Engine inoperative procedures. (1) For cargo, it is properly secured
(4) Any other emergency procedures by a safety belt or other tie-down hav-
necessary for safety. ing enough strength to eliminate the
possibility of shifting under all nor-
§ 135.85 Carriage of persons without mally anticipated flight and ground
compliance with the passenger-car- conditions, or for carry-on baggage, it
rying provisions of this part. is restrained so as to prevent its move-
ment during air turbulence.
The following persons may be carried
(2) It is packaged or covered to avoid
aboard an aircraft without complying
possible injury to occupants.
with the passenger-carrying require- (3) It does not impose any load on
ments of this part: seats or on the floor structure that ex-
(a) A crewmember or other employee ceeds the load limitation for those
of the certificate holder. components.
(b) A person necessary for the safe (4) It is not located in a position that
handling of animals on the aircraft. obstructs the access to, or use of, any
(c) A person necessary for the safe required emergency or regular exit, or
handling of hazardous materials (as de- the use of the aisle between the crew
fined in subchapter C of title 49 CFR). and the passenger compartment, or lo-
(d) A person performing duty as a se- cated in a position that obscures any
curity or honor guard accompanying a passenger’s view of the ‘‘seat belt’’
shipment made by or under the author- sign, ‘‘no smoking’’ sign, or any re-
ity of the U.S. Government. quired exit sign, unless an auxiliary
(e) A military courier or a military sign or other approved means for prop-
route supervisor carried by a military er notification of the passengers is pro-
vided.
cargo contract air carrier or commer-
(5) It is not carried directly above
cial operator in operations under a
seated occupants.
military cargo contract, if that car- (6) It is stowed in compliance with
riage is specifically authorized by the this section for takeoff and landing.
appropriate military service. (7) For cargo only operations, para-
(f) An authorized representative of graph (c)(4) of this section does not
the Administrator conducting an en apply if the cargo is loaded so that at
route inspection. least one emergency or regular exit is
(g) A person, authorized by the Ad- available to provide all occupants of
ministrator, who is performing a duty the aircraft a means of unobstructed
connected with a cargo operation of exit from the aircraft if an emergency
spaschal on DSKJM0X7X2PROD with CFR

the certificate holder. occurs.


(d) Each passenger seat under which
baggage is stowed shall be fitted with a

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Federal Aviation Administration, DOT § 135.91

means to prevent articles of baggage on and use an approved oxygen mask


stowed under it from sliding under until the other pilot returns to the
crash impacts severe enough to induce pilot duty station of the aircraft.
the ultimate inertia forces specified in
the emergency landing condition regu- § 135.91 Oxygen and portable oxygen
lations under which the aircraft was concentrators for medical use by
type certificated. passengers.
(e) When cargo is carried in cargo (a) Except as provided in paragraphs
compartments that are designed to re- (d) and (e) of this section, no certifi-
quire the physical entry of a crew- cate holder may allow the carriage or
member to extinguish any fire that operation of equipment for the storage,
may occur during flight, the cargo generation or dispensing of medical ox-
must be loaded so as to allow a crew- ygen unless the conditions in para-
member to effectively reach all parts graphs (a) through (c) of this section
of the compartment with the contents are satisfied. Beginning August 22, 2016,
of a hand fire extinguisher. a certificate holder may allow a pas-
senger to carry and operate a portable
§ 135.89 Pilot requirements: Use of ox- oxygen concentrator when the condi-
ygen. tions in paragraphs (b) and (f) of this
(a) Unpressurized aircraft. Each pilot section are satisfied.
of an unpressurized aircraft shall use (1) The equipment must be—
oxygen continuously when flying— (i) Of an approved type or in con-
(1) At altitudes above 10,000 feet formity with the manufacturing, pack-
through 12,000 feet MSL for that part of aging, marking, labeling, and mainte-
the flight at those altitudes that is of nance requirements of title 49 CFR
more than 30 minutes duration; and parts 171, 172, and 173, except
(2) Above 12,000 feet MSL. § 173.24(a)(1);
(b) Pressurized aircraft. (1) Whenever a (ii) When owned by the certificate
pressurized aircraft is operated with holder, maintained under the certifi-
the cabin pressure altitude more than cate holder’s approved maintenance
10,000 feet MSL, each pilot shall com- program;
ply with paragraph (a) of this section. (iii) Free of flammable contaminants
(2) Whenever a pressurized aircraft is on all exterior surfaces;
operated at altitudes above 25,000 feet
(iv) Constructed so that all valves,
through 35,000 feet MSL, unless each
fittings, and gauges are protected from
pilot has an approved quick-donning
damage during carriage or operation;
type oxygen mask—
and
(i) At least one pilot at the controls
(v) Appropriately secured.
shall wear, secured and sealed, an oxy-
gen mask that either supplies oxygen (2) When the oxygen is stored in the
at all times or automatically supplies form of a liquid, the equipment must
oxygen whenever the cabin pressure al- have been under the certificate holder’s
titude exceeds 12,000 feet MSL; and approved maintenance program since
(ii) During that flight, each other its purchase new or since the storage
pilot on flight deck duty shall have an container was last purged.
oxygen mask, connected to an oxygen (3) When the oxygen is stored in the
supply, located so as to allow imme- form of a compressed gas as defined in
diate placing of the mask on the pilot’s title 49 CFR 173.115(b)—
face sealed and secured for use. (i) When owned by the certificate
(3) Whenever a pressurized aircraft is holder, it must be maintained under its
operated at altitudes above 35,000 feet approved maintenance program; and
MSL, at least one pilot at the controls (ii) The pressure in any oxygen cyl-
shall wear, secured and sealed, an oxy- inder must not exceed the rated cyl-
gen mask required by paragraph inder pressure.
(b)(2)(i) of this section. (4) The pilot in command must be ad-
(4) If one pilot leaves a pilot duty sta- vised when the equipment is on board,
spaschal on DSKJM0X7X2PROD with CFR

tion of an aircraft when operating at and when it is intended to be used.


altitudes above 25,000 feet MSL, the re- (5) The equipment must be stowed,
maining pilot at the controls shall put and each person using the equipment

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§ 135.91 14 CFR Ch. I (1–1–21 Edition)

must be seated, so as not to restrict ac- (ii) Does not radiate radio frequency
cess to or use of any required emer- emissions that interfere with aircraft
gency or regular exit, or of the aisle in systems;
the passenger compartment. (iii) Generates a maximum oxygen
(b) No person may smoke or create pressure of less than 200 kPa gauge
an open flame and no certificate holder (29.0 psig/43.8 psia) at 20 °C (68 °F);
may allow any person to smoke or cre- (iv) Does not contain any hazardous
ate an open flame within 10 feet of oxy- materials subject to the Hazardous Ma-
gen storage and dispensing equipment terials Regulations (49 CFR parts 171
carried under paragraph (a) of this sec- through 180) except as provided in 49
tion or a portable oxygen concentrator CFR 175.10 for batteries used to power
carried and operated under paragraph portable electronic devices and that do
(f) of this section. not require aircraft operator approval;
(c) No certificate holder may allow and
any person other than a person trained (v) Bears a label on the exterior of
in the use of medical oxygen equip- the device applied in a manner that en-
ment to connect or disconnect oxygen sures the label will remain affixed for
bottles or any other ancillary compo- the life of the device and containing
nent while any passenger is aboard the the following certification statement
aircraft. in red lettering: ‘‘The manufacturer of
(d) Paragraph (a)(1)(i) of this section this POC has determined this device
does not apply when that equipment is conforms to all applicable FAA accept-
furnished by a professional or medical ance criteria for POC carriage and use
emergency service for use on board an on board aircraft.’’ The label require-
aircraft in a medical emergency when ments in this paragraph (f)(1)(v) do not
no other practical means of transpor- apply to the following portable oxygen
tation (including any other properly concentrators approved by the FAA for
equipped certificate holder) is reason- use on board aircraft prior to May 24,
ably available and the person carried 2016:
under the medical emergency is accom- (A) AirSep Focus;
panied by a person trained in the use of (B) AirSep FreeStyle;
medical oxygen. (C) AirSep FreeStyle 5;
(e) Each certificate holder who, under (D) AirSep LifeStyle;
the authority of paragraph (d) of this (E) Delphi RS–00400;
section, deviates from paragraph (F) DeVilbiss Healthcare iGo;
(a)(1)(i) of this section under a medical (G) Inogen One;
emergency shall, within 10 days, ex-
(H) Inogen One G2;
cluding Saturdays, Sundays, and Fed-
(I) Inogen One G3;
eral holidays, after the deviation, send
(J) Inova Labs LifeChoice;
to the responsible Flight Standards of-
fice a complete report of the operation (K) Inova Labs LifeChoice Activox;
involved, including a description of the (L) International Biophysics
deviation and the reasons for it. LifeChoice;
(f) Portable oxygen concentrators—(1) (M) Invacare Solo2;
Acceptance criteria. A passenger may (N) Invacare XPO2;
carry or operate a portable oxygen con- (O) Oxlife Independence Oxygen Con-
centrator for personal use on board an centrator;
aircraft and a certificate holder may (P) Oxus RS–00400;
allow a passenger to carry or operate a (Q) Precision Medical EasyPulse;
portable oxygen concentrator on board (R) Respironics EverGo;
an aircraft operated under this part (S) Respironics SimplyGo;
during all phases of flight if the port- (T) SeQual Eclipse;
able oxygen concentrator satisfies all (U) SeQual eQuinox Oxygen System
of the requirements of this paragraph (model 4000);
(f): (V) SeQual Oxywell Oxygen System
(i) Is legally marketed in the United (model 4000);
spaschal on DSKJM0X7X2PROD with CFR

States in accordance with Food and (W) SeQual SAROS; and


Drug Administration requirements in (X) VBox Trooper Oxygen Concen-
title 21 of the CFR; trator.

422

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Federal Aviation Administration, DOT § 135.93

(2) Operating requirements. Portable (c) Enroute. No person may use an


oxygen concentrators that satisfy the autopilot enroute, including climb and
acceptance criteria identified in para- descent, below the following—
graph (f)(1) of this section may be car- (1) 500 feet;
ried on or operated by a passenger on (2) At an altitude that is no lower
board an aircraft provided the aircraft than twice the altitude loss specified in
operator ensures that all of the condi- the AFM for an autopilot malfunction
tions in this paragraph (f)(2) are satis- in cruise conditions; or
fied: (3) At an altitude specified by the Ad-
(i) Exit seats. No person operating a ministrator, whichever is greater.
portable oxygen concentrator is per- (d) Approach. No person may use an
mitted to occupy an exit seat. autopilot at an altitude lower than 50
(ii) Stowage of device. During move- feet below the DA(H) or MDA for the
ment on the surface, takeoff and land- instrument procedure being flown, ex-
ing, the device must be stowed under cept as follows—
the seat in front of the user, or in an- (1) For autopilots with an AFM speci-
other approved stowage location so fied altitude loss for approach oper-
that it does not block the aisle way or ations—
the entryway to the row. If the device (i) An altitude no lower than twice
is to be operated by the user, it must the specified altitude loss if higher
be operated only at a seat location that than 50 feet below the MDA or DA(H);
does not restrict any passenger’s access (ii) An altitude no lower than 50 feet
to, or use of, any required emergency higher than the altitude loss specified
or regular exit, or the aisle(s) in the in the AFM, when the following condi-
passenger compartment. tions are met—
(A) Reported weather conditions are
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as less than the basic VFR weather condi-
amended by Amdt. 135–60, 61 FR 2616, Jan. 26, tions in § 91.155 of this chapter;
1996; Docket FAA–2014–0554, Amdt. 135–133, 81
(B) Suitable visual references speci-
FR 33119, May 24, 2016; Docket FAA–2018–0119,
Amdt. 135–139, 83 FR 9175, Mar. 5, 2018] fied in § 91.175 of this chapter have been
established on the instrument ap-
§ 135.93 Minimum altitudes for use of proach procedure; and
autopilot. (C) The autopilot is coupled and re-
ceiving both lateral and vertical path
(a) Definitions. For purpose of this
references;
section—
(iii) An altitude no lower than the
(1) Altitudes for takeoff/initial climb higher of the altitude loss specified in
and go-around/missed approach are de- the AFM or 50 feet above the TDZE,
fined as above the airport elevation. when the following conditions are
(2) Altitudes for enroute operations met—
are defined as above terrain elevation. (A) Reported weather conditions are
(3) Altitudes for approach are defined equal to or better than the basic VFR
as above the touchdown zone elevation weather conditions in § 91.155 of this
(TDZE), unless the altitude is specifi- chapter; and
cally in reference to DA (H) or MDA, in (B) The autopilot is coupled and re-
which case the altitude is defined by ceiving both lateral and vertical path
reference to the DA(H) or MDA itself. references; or
(b) Takeoff and initial climb. No person (iv) A greater altitude specified by
may use an autopilot for takeoff or ini- the Administrator.
tial climb below the higher of 500 feet (2) For autopilots with AFM specified
or an altitude that is no lower than approach altitude limitations, the
twice the altitude loss specified in the greater of—
Airplane Flight Manual (AFM), except (i) The minimum use altitude speci-
as follows— fied for the coupled approach mode se-
(1) At a minimum engagement alti- lected;
spaschal on DSKJM0X7X2PROD with CFR

tude specified in the AFM; or (ii) 50 feet; or


(2) At an altitude specified by the Ad- (iii) An altitude specified by Admin-
ministrator, whichever is greater. istrator.

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§ 135.95 14 CFR Ch. I (1–1–21 Edition)

(3) For autopilots with an AFM speci- an airman certificate or medical cer-
fied negligible or zero altitude loss for tificate on flights within the United
an autopilot approach mode malfunc- States for up to 72 hours.
tion, the greater of—
(i) 50 feet; or [Amdt. No. 135–140, 83 FR 30282, June 27, 2018]
(ii) An altitude specified by Adminis-
§ 135.97 Aircraft and facilities for re-
trator.
cent flight experience.
(4) If executing an autopilot coupled
go-around or missed approach using a Each certificate holder shall provide
certificated and functioning autopilot aircraft and facilities to enable each of
in accordance with paragraph (e) in its pilots to maintain and demonstrate
this section. the pilot’s ability to conduct all oper-
(e) Go-Around/Missed Approach. No ations for which the pilot is author-
person may engage an autopilot during ized.
a go-around or missed approach below
the minimum engagement altitude § 135.98 Operations in the North Polar
specified for takeoff and initial climb Area.
in paragraph (b) in this section. An After August 13, 2008, no certificate
autopilot minimum use altitude does holder may operate an aircraft in the
not apply to a go-around/missed ap- region north of 78° N latitude (‘‘North
proach initiated with an engaged auto- Polar Area’’), other than intrastate op-
pilot. Performing a go-around or
erations wholly within the state of
missed approach with an engaged auto-
Alaska, unless authorized by the FAA.
pilot must not adversely affect safe ob-
The certificate holder’s operation spec-
stacle clearance.
(f) Landing. Notwithstanding para- ifications must include the following:
graph (d) of this section, autopilot min- (a) The designation of airports that
imum use altitudes do not apply to may be used for en-route diversions
autopilot operations when an approved and the requirements the airports must
automatic landing system mode is meet at the time of diversion.
being used for landing. Automatic (b) Except for all-cargo operations, a
landing systems must be authorized in recovery plan for passengers at des-
an operations specification issued to ignated diversion airports.
the operator. (c) A fuel-freeze strategy and proce-
(g) This section does not apply to op- dures for monitoring fuel freezing for
erations conducted in rotorcraft. operations in the North Polar Area.
[Doc. No. FAA–2012–1059, 79 FR 6088, Feb. 3, (d) A plan to ensure communication
2014] capability for operations in the North
Polar Area.
§ 135.95 Airmen: Limitations on use of (e) An MEL for operations in the
services. North Polar Area.
(a) No certificate holder may use the (f) A training plan for operations in
services of any person as an airman un- the North Polar Area.
less the person performing those serv- (g) A plan for mitigating crew expo-
ices— sure to radiation during solar flare ac-
(1) Holds an appropriate and current tivity.
airman certificate; and (h) A plan for providing at least two
(2) Is qualified, under this chapter,
cold weather anti-exposure suits in the
for the operation for which the person
aircraft, to protect crewmembers dur-
is to be used.
ing outside activity at a diversion air-
(b) A certificate holder may obtain
port with extreme climatic conditions.
approval to provide a temporary docu-
ment verifying a flightcrew member’s The FAA may relieve the certificate
airman certificate and medical certifi- holder from this requirement if the
cate privileges under an approved cer- season of the year makes the equip-
tificate verification plan set forth in ment unnecessary.
spaschal on DSKJM0X7X2PROD with CFR

the certificate holder’s operations [Doc. No. FAA–2002–6717, 72 FR 1885, Jan. 16,
specifications. A document provided by 2007, as amended by Amdt. 135–112, 73 FR
the certificate holder may be carried as 8798, Feb. 15, 2008]

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Federal Aviation Administration, DOT § 135.99

§ 135.99 Composition of flight crew. (i) An airspeed indicator;


(a) No certificate holder may operate (ii) Sensitive altimeter adjustable for
an aircraft with less than the min- barometric pressure;
imum flight crew specified in the air- (iii) Gyroscopic bank and pitch indi-
craft operating limitations or the Air- cator;
craft Flight Manual for that aircraft (iv) Gyroscopic rate-of-turn indicator
and required by this part for the kind combined with an integral slip-skid in-
of operation being conducted. dicator;
(b) No certificate holder may operate (v) Gyroscopic direction indicator;
an aircraft without a second in com- (vi) For IFR operations, a vertical
mand if that aircraft has a passenger speed indicator;
seating configuration, excluding any (vii) For IFR operations, course guid-
pilot seat, of ten seats or more.
ance for en route navigation and in-
(c) Except as provided in paragraph
strument approaches; and
(d) of this section, a certificate holder
authorized to conduct operations under (viii) A microphone, transmit switch,
instrument flight rules may receive au- and headphone or speaker.
thorization from the Administrator (3) The pilot assigned to serve as sec-
through its operations specifications to ond in command satisfies the following
establish a second-in-command profes- requirements:
sional development program. As part of (i) The second in command qualifica-
that program, a pilot employed by the tions in § 135.245;
certificate holder may log time as sec- (ii) The flight time and duty period
ond in command in operations con- limitations and rest requirements in
ducted under this part and part 91 of subpart F of this part;
this chapter that do not require a sec- (iii) The crewmember testing require-
ond pilot by type certification of the ments for second in command in sub-
aircraft or the regulation under which part G of this part; and
the flight is being conducted, provided
(iv) The crewmember training re-
the flight operation is conducted in ac-
quirements for second in command in
cordance with the certificate holder’s
subpart H of this part.
operations specifications for second-in-
command professional development (4) The pilot assigned to serve as
program; and— pilot in command satisfies the fol-
(1) The certificate holder: lowing requirements:
(i) Maintains records for each as- (i) Has been fully qualified to serve as
signed second in command consistent a pilot in command for the certificate
with the requirements in § 135.63; holder for at least the previous 6 cal-
(ii) Provides a copy of the records re- endar months; and
quired by § 135.63(a)(4)(vi) and (x) to the (ii) Has completed mentoring train-
assigned second in command upon re- ing, including techniques for rein-
quest and within a reasonable time; forcing the highest standards of tech-
and nical performance, airmanship and pro-
(iii) Establishes and maintains a data fessionalism within the preceding 36
collection and analysis process that calendar months.
will enable the certificate holder and (d) The following certificate holders
the FAA to determine whether the sec- are not eligible to receive authoriza-
ond-in-command professional develop- tion for a second-in-command profes-
ment program is accomplishing its ob- sional development program under
jectives. paragraph (c) of this section:
(2) The aircraft is a multiengine air- (1) A certificate holder that uses only
plane or a single-engine turbine-pow- one pilot in its operations; and
ered airplane. The aircraft must have
(2) A certificate holder that has been
an independent set of controls for a
approved to deviate from the require-
second pilot flightcrew member, which
ments in § 135.21(a), § 135.341(a), or
may not include a throwover control
spaschal on DSKJM0X7X2PROD with CFR

§ 119.69(a) of this chapter.


wheel. The aircraft must also have the
following equipment and independent [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
instrumentation for a second pilot: amended at 83 FR 30282, June 27, 2018]

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§ 135.100 14 CFR Ch. I (1–1–21 Edition)

§ 135.100 Flight crewmember duties. by this chapter for operations under


(a) No certificate holder shall re- VFR, a person may operate an aircraft
quire, nor may any flight crewmember without a second in command, if it is
perform, any duties during a critical equipped with an operative approved
phase of flight except those duties re- autopilot system and the use of that
quired for the safe operation of the air- system is authorized by appropriate op-
craft. Duties such as company required erations specifications. No certificate
calls made for such nonsafety related holder may use any person, nor may
purposes as ordering galley supplies any person serve, as a pilot in com-
and confirming passenger connections, mand under this section of an aircraft
announcements made to passengers operated in a commuter operation, as
promoting the air carrier or pointing defined in part 119 of this chapter un-
out sights of interest, and filling out less that person has at least 100 hours
company payroll and related records pilot in command flight time in the
are not required for the safe operation make and model of aircraft to be flown
of the aircraft. and has met all other applicable re-
(b) No flight crewmember may en- quirements of this part.
gage in, nor may any pilot in command (b) The certificate holder may apply
permit, any activity during a critical for an amendment of its operations
phase of flight which could distract specifications to authorize the use of
any flight crewmember from the per- an autopilot system in place of a sec-
formance of his or her duties or which ond in command.
could interfere in any way with the (c) The Administrator issues an
proper conduct of those duties. Activi- amendment to the operations specifica-
ties such as eating meals, engaging in tions authorizing the use of an auto-
nonessential conversations within the pilot system, in place of a second in
cockpit and nonessential communica- command, if—
tions between the cabin and cockpit (1) The autopilot is capable of oper-
crews, and reading publications not re- ating the aircraft controls to maintain
lated to the proper conduct of the flight and maneuver it about the three
flight are not required for the safe op- axes; and
eration of the aircraft. (2) The certificate holder shows, to
(c) For the purposes of this section, the satisfaction of the Administrator,
critical phases of flight includes all that operations using the autopilot
ground operations involving taxi, take- system can be conducted safely and in
off and landing, and all other flight op- compliance with this part.
erations conducted below 10,000 feet, The amendment contains any condi-
except cruise flight. tions or limitations on the use of the
autopilot system that the Adminis-
NOTE: Taxi is defined as ‘‘movement of an
airplane under its own power on the surface trator determines are needed in the in-
of an airport.’’ terest of safety.
[Doc. No. 20661, 46 FR 5502, Jan. 19, 1981] [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–3, 45 FR 7542, Feb. 4,
§ 135.101 Second in command required 1980; Amdt. 135–58, 60 FR 65939, Dec. 20, 1995]
under IFR.
Except as provided in § 135.105, no per- § 135.107 Flight attendant crew-
member requirement.
son may operate an aircraft carrying
passengers under IFR unless there is a No certificate holder may operate an
second in command in the aircraft. aircraft that has a passenger seating
configuration, excluding any pilot seat,
[Doc. No. 28743, 62 FR 42374, Aug. 6, 1997]
of more than 19 unless there is a flight
§ 135.103 [Reserved] attendant crewmember on board the
aircraft.
§ 135.105 Exception to second in com-
mand requirement: Approval for § 135.109 Pilot in command or second
spaschal on DSKJM0X7X2PROD with CFR

use of autopilot system. in command: Designation required.


(a) Except as provided in §§ 135.99 and (a) Each certificate holder shall des-
135.111, unless two pilots are required ignate a—

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Federal Aviation Administration, DOT § 135.117

(1) Pilot in command for each flight; Regulations require passenger compli-
and ance with the lighted passenger infor-
(2) Second in command for each mation signs (if such signs are re-
flight requiring two pilots. quired), posted placards, areas des-
(b) The pilot in command, as des- ignated for safety purposes as no smok-
ignated by the certificate holder, shall ing areas, and crewmember instruc-
remain the pilot in command at all tions with regard to these items. The
times during that flight. briefing shall also include a statement
(if the aircraft is equipped with a lava-
§ 135.111 Second in command required tory) that Federal law prohibits: tam-
in Category II operations. pering with, disabling, or destroying
No person may operate an aircraft in any smoke detector installed in an air-
a Category II operation unless there is craft lavatory; smoking in lavatories;
a second in command of the aircraft. and, when applicable, smoking in pas-
senger compartments.
§ 135.113 Passenger occupancy of pilot (2) The use of safety belts, including
seat. instructions on how to fasten and un-
No certificate holder may operate an fasten the safety belts. Each passenger
aircraft type certificated after October shall be briefed on when, where, and
15, 1971, that has a passenger seating under what conditions the safety belt
configuration, excluding any pilot seat, must be fastened about that passenger.
of more than eight seats if any person This briefing shall include a statement
other than the pilot in command, a sec- that the Federal Aviation Regulations
ond in command, a company check air- require passenger compliance with
man, or an authorized representative of lighted passenger information signs
the Administrator, the National Trans- and crewmember instructions con-
portation Safety Board, or the United cerning the use of safety belts.
States Postal Service occupies a pilot (3) The placement of seat backs in an
seat. upright position before takeoff and
landing;
§ 135.115 Manipulation of controls. (4) Location and means for opening
No pilot in command may allow any the passenger entry door and emer-
person to manipulate the flight con- gency exits;
trols of an aircraft during flight con- (5) Location of survival equipment;
ducted under this part, nor may any (6) If the flight involves extended
person manipulate the controls during overwater operation, ditching proce-
such flight unless that person is— dures and the use of required flotation
(a) A pilot employed by the certifi- equipment;
cate holder and qualified in the air- (7) If the flight involves operations
craft; or above 12,000 feet MSL, the normal and
(b) An authorized safety representa- emergency use of oxygen; and
tive of the Administrator who has the (8) Location and operation of fire ex-
permission of the pilot in command, is tinguishers.
qualified in the aircraft, and is check- (9) If a rotorcraft operation involves
ing flight operations. flight beyond autorotational distance
from the shoreline, as defined in
§ 135.117 Briefing of passengers before § 135.168(a), use of life preservers, ditch-
flight. ing procedures and emergency exit
(a) Before each takeoff each pilot in from the rotorcraft in the event of a
command of an aircraft carrying pas- ditching; and the location and use of
sengers shall ensure that all passengers life rafts and other life preserver de-
have been orally briefed on— vices if applicable.
(1) Smoking. Each passenger shall be (b) Before each takeoff the pilot in
briefed on when, where, and under what command shall ensure that each person
conditions smoking is prohibited (in- who may need the assistance of an-
cluding, but not limited to, any appli- other person to move expeditiously to
spaschal on DSKJM0X7X2PROD with CFR

cable requirements of part 252 of this an exit if an emergency occurs and


title). This briefing shall include a that person’s attendant, if any, has re-
statement that the Federal Aviation ceived a briefing as to the procedures

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§ 135.119 14 CFR Ch. I (1–1–21 Edition)

to be followed if an evacuation occurs. States, who are authorized to carry


This paragraph does not apply to a per- arms; or
son who has been given a briefing be- (b) Crewmembers and other persons
fore a previous leg of a flight in the authorized by the certificate holder to
same aircraft. carry arms.
(c) The oral briefing required by
paragraph (a) of this section shall be § 135.120 Prohibition on interference
given by the pilot in command or a with crewmembers.
crewmember. No person may assault, threaten, in-
(d) Notwithstanding the provisions of timidate, or interfere with a crew-
paragraph (c) of this section, for air- member in the performance of the
craft certificated to carry 19 passengers crewmember’s duties aboard an air-
or less, the oral briefing required by craft being operated under this part.
paragraph (a) of this section shall be [Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7,
given by the pilot in command, a crew- 1999]
member, or other qualified person des-
ignated by the certificate holder and § 135.121 Alcoholic beverages.
approved by the Administrator. (a) No person may drink any alco-
(e) The oral briefing required by holic beverage aboard an aircraft un-
paragraph (a) of this section must be less the certificate holder operating
supplemented by printed cards which the aircraft has served that beverage.
must be carried in the aircraft in loca- (b) No certificate holder may serve
tions convenient for the use of each any alcoholic beverage to any person
passenger. The cards must— aboard its aircraft if that person ap-
(1) Be appropriate for the aircraft on pears to be intoxicated.
which they are to be used; (c) No certificate holder may allow
(2) Contain a diagram of, and method any person to board any of its aircraft
of operating, the emergency exits; if that person appears to be intoxi-
(3) Contain other instructions nec- cated.
essary for the use of emergency equip-
ment on board the aircraft; and § 135.122 Stowage of food, beverage,
(4) No later than June 12, 2005, for and passenger service equipment
during aircraft movement on the
scheduled Commuter passenger-car- surface, takeoff, and landing.
rying flights, include the sentence,
‘‘Final assembly of this aircraft was (a) No certificate holder may move
completed in [INSERT NAME OF an aircraft on the surface, take off, or
COUNTRY].’’ land when any food, beverage, or table-
(f) The briefing required by para- ware furnished by the certificate hold-
graph (a) may be delivered by means of er is located at any passenger seat.
an approved recording playback device (b) No certificate holder may move
that is audible to each passenger under an aircraft on the surface, take off, or
normal noise levels. land unless each food and beverage
tray and seat back tray table is se-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as cured in its stowed position.
amended by Amdt. 135–9, 51 FR 40709, Nov. 7, (c) No certificate holder may permit
1986; Amdt. 135–25, 53 FR 12362, Apr. 13, 1988; an aircraft to move on the surface,
Amdt. 135–44, 57 FR 42675, Sept. 15, 1992; 57
take off, or land unless each passenger
FR 43776, Sept. 22, 1992; 69 FR 39294, June 29,
2004; Amdt. 135–129, 79 FR 9973, Feb. 21, 2014] serving cart is secured in its stowed po-
sition.
§ 135.119 Prohibition against carriage (d) Each passenger shall comply with
of weapons. instructions given by a crewmember
No person may, while on board an with regard to compliance with this
aircraft being operated by a certificate section.
holder, carry on or about that person a [Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]
deadly or dangerous weapon, either
concealed or unconcealed. This section § 135.123 Emergency and emergency
spaschal on DSKJM0X7X2PROD with CFR

does not apply to— evacuation duties.


(a) Officials or employees of a mu- (a) Each certificate holder shall as-
nicipality or a State, or of the United sign to each required crewmember for

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Federal Aviation Administration, DOT § 135.127

each type of aircraft as appropriate, (iii) During on-demand operations


the necessary functions to be per- conducted interstate that meet para-
formed in an emergency or in a situa- graph (2) of the definition ‘‘On-demand
tion requiring emergency evacuation. operation’’ in § 110.2 of this chapter, un-
The certificate holder shall ensure that less permitted under paragraph (b)(2) of
those functions can be practicably ac- this section; or
complished, and will meet any reason- (iv) During any operation where
ably anticipated emergency including smoking is prohibited by part 252 of
incapacitation of individual crew- this title or by international agree-
members or their inability to reach the ment.
passenger cabin because of shifting (2) Certain intrastate commuter oper-
cargo in combination cargo-passenger ations and certain intrastate on-demand
aircraft. operations. Except during aircraft
(b) The certificate holder shall de- movement on the surface or during
scribe in the manual required under takeoff or landing, a pilot in command
§ 135.21 the functions of each category of an aircraft engaged in a commuter
of required crewmembers assigned operation or an on-demand operation
under paragraph (a) of this section. that meets paragraph (2) of the defini-
tion of ‘‘On-demand operation’’ in
§ 135.125 Aircraft security.
§ 110.2 of this chapter may authorize
Certificate holders conducting opera- smoking on the flight deck (if it is
tors conducting operations under this physically separated from the pas-
part must comply with the applicable senger compartment, if any) if—
security requirements in 49 CFR chap- (i) Smoking on the flight deck is not
ter XII. otherwise prohibited by part 252 of this
[67 FR 8350, Feb. 22, 2002] title;
(ii) The flight is conducted entirely
§ 135.127 Passenger information re- within the same State of the United
quirements and smoking prohibi- States (a flight from one place in Ha-
tions. waii to another place in Hawaii
(a) No person may conduct a sched- through the airspace over a place out-
uled flight on which smoking is prohib- side Hawaii is not entirely within the
ited by part 252 of this title unless the same State); and
‘‘No Smoking’’ passenger information (iii) The aircraft is either not tur-
signs are lighted during the entire bojet-powered or the aircraft is not ca-
flight, or one or more ‘‘No Smoking’’ pable of carrying at least 30 passengers.
placards meeting the requirements of (c) No person may smoke in any air-
§ 25.1541 of this chapter are posted dur- craft lavatory.
ing the entire flight. If both the lighted (d) No person may operate an aircraft
signs and the placards are used, the with a lavatory equipped with a smoke
signs must remain lighted during the detector unless there is in that lava-
entire flight segment. tory a sign or placard which reads:
(b) No person may smoke while a ‘‘No ‘‘Federal law provides for a penalty of
Smoking’’ sign is lighted or while ‘‘No up to $2,000 for tampering with the
Smoking’’ placards are posted, except smoke detector installed in this lava-
as follows: tory.’’
(1) On-demand operations. The pilot in (e) No person may tamper with, dis-
command of an aircraft engaged in an able, or destroy any smoke detector in-
on-demand operation may authorize stalled in any aircraft lavatory.
smoking on the flight deck (if it is (f) On flight segments other than
physically separated from any pas- those described in paragraph (a) of this
senger compartment), except in any of section, the ‘‘No Smoking’’ sign re-
the following situations: quired by § 135.177(a)(3) of this part
(i) During aircraft movement on the must be turned on during any move-
surface or during takeoff or landing; ment of the aircraft on the surface, for
spaschal on DSKJM0X7X2PROD with CFR

(ii) During scheduled passenger-car- each takeoff or landing, and at any


rying public charter operations con- other time considered necessary by the
ducted under part 380 of this title; pilot in command.

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§ 135.128 14 CFR Ch. I (1–1–21 Edition)

(g) The passenger information re- proved child restraint system bears one
quirements prescribed in § 91.517 (b) and or more labels as follows:
(d) of this chapter are in addition to (A) Seats manufactured to U.S.
the requirements prescribed in this sec- standards between January 1, 1981, and
tion. February 25, 1985, must bear the label:
(h) Each passenger shall comply with ‘‘This child restraint system conforms
instructions given him or her by crew- to all applicable Federal motor vehicle
members regarding compliance with safety standards’’;
paragraphs (b), (c), and (e) of this sec- (B) Seats manufactured to U.S.
tion. standards on or after February 26, 1985,
must bear two labels:
[Doc. No. 25590, 55 FR 8367, Mar. 7, 1990, as
amended by Amdt. 135–35, 55 FR 20135, May (1) ‘‘This child restraint system con-
15, 1990; Amdt. 135–44, 57 FR 42675, Sept. 15, forms to all applicable Federal motor
1992; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996; vehicle safety standards’’; and
Amdt. 135–76, 65 FR 36780, June 9, 2000; Amdt. (2) ‘‘THIS RESTRAINT IS CER-
135–124, 76 FR 7491, Feb. 10, 2011] TIFIED FOR USE IN MOTOR VEHI-
CLES AND AIRCRAFT’’ in red let-
§ 135.128 Use of safety belts and child tering;
restraint systems.
(C) Seats that do not qualify under
(a) Except as provided in this para- paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(B)
graph, each person on board an aircraft of this section must bear a label or
operated under this part shall occupy markings showing:
an approved seat or berth with a sepa- (1) That the seat was approved by a
rate safety belt properly secured about foreign government;
him or her during movement on the (2) That the seat was manufactured
surface, takeoff, and landing. For sea- under the standards of the United Na-
plane and float equipped rotorcraft op- tions;
erations during movement on the sur- (3) That the seat or child restraint
face, the person pushing off the sea- device furnished by the certificate
plane or rotorcraft from the dock and holder was approved by the FAA
the person mooring the seaplane or through Type Certificate or Supple-
rotorcraft at the dock are excepted mental Type Certificate; or
from the preceding seating and safety (4) That the seat or child restraint
belt requirements. A safety belt pro- device furnished by the certificate
vided for the occupant of a seat may holder, or one of the persons described
not be used by more than one person in paragraph (a)(2)(i) of this section,
who has reached his or her second was approved by the FAA in accord-
birthday. Notwithstanding the pre- ance with § 21.8(d) of this chapter or
ceding requirements, a child may: Technical Standard Order C–100b, or a
(1) Be held by an adult who is occu- later version. The child restraint de-
pying an approved seat or berth, pro- vice manufactured by AmSafe, Inc.
vided the child has not reached his or (CARES, Part No. 4082) and approved
her second birthday and the child does by the FAA in accordance with
not occupy or use any restraining de- § 21.305(d) (2010 ed.) of this chapter may
vice; or continue to bear a label or markings
(2) Notwithstanding any other re- showing FAA approval in accordance
quirement of this chapter, occupy an with § 21.305(d) (2010 ed.) of this chapter.
approved child restraint system fur- (D) Except as provided in
nished by the certificate holder or one § 135.128(a)(2)(ii)(C)(3) and
of the persons described in paragraph § 135.128(a)(2)(ii)(C)(4), booster-type
(a)(2)(i) of this section, provided: child restraint systems (as defined in
(i) The child is accompanied by a par- Federal Motor Vehicle Safety Standard
ent, guardian, or attendant designated No. 213 (49 CFR 571.213)), vest- and har-
by the child’s parent or guardian to at- ness-type child restraint systems, and
tend to the safety of the child during lap held child restraints are not ap-
spaschal on DSKJM0X7X2PROD with CFR

the flight; proved for use in aircraft; and


(ii) Except as provided in paragraph (iii) The certificate holder complies
(a)(2)(ii)(D) of this section, the ap- with the following requirements:

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Federal Aviation Administration, DOT § 135.129

(A) The restraint system must be § 135.129 Exit seating.


properly secured to an approved for-
(a)(1) Applicability. This section ap-
ward-facing seat or berth; plies to all certificate holders oper-
(B) The child must be properly se- ating under this part, except for on-de-
cured in the restraint system and must mand operations with aircraft having
not exceed the specified weight limit 19 or fewer passenger seats and com-
for the restraint system; and muter operations with aircraft having
(C) The restraint system must bear 9 or fewer passenger seats.
the appropriate label(s). (2) Duty to make determination of suit-
(b) Except as provided in paragraph ability. Each certificate holder shall de-
(b)(3) of this section, the following pro- termine, to the extent necessary to
hibitions apply to certificate holders: perform the applicable functions of
(1) Except as provided in § 135.128 paragraph (d) of this section, the suit-
(a)(2)(ii)(C)(3) and § 135.128 ability of each person it permits to oc-
(a)(2)(ii)(C)(4), no certificate holder cupy an exit seat. For the purpose of
may permit a child, in an aircraft, to this section—
occupy a booster-type child restraint (i) Exit seat means—
system, a vest-type child restraint sys- (A) Each seat having direct access to
tem, a harness-type child restraint sys- an exit; and
tem, or a lap held child restraint sys- (B) Each seat in a row of seats
tem during take off, landing, and through which passengers would have
movement on the surface. to pass to gain access to an exit, from
the first seat inboard of the exit to the
(2) Except as required in paragraph
first aisle inboard of the exit.
(b)(1) of this section, no certificate
(ii) A passenger seat having direct ac-
holder may prohibit a child, if re-
cess means a seat from which a pas-
quested by the child’s parent, guardian, senger can proceed directly to the exit
or designated attendant, from occu- without entering an aisle or passing
pying a child restraint system fur- around an obstruction.
nished by the child’s parent, guardian, (3) Persons designated to make deter-
or designated attendant provided: mination. Each certificate holder shall
(i) The child holds a ticket for an ap- make the passenger exit seating deter-
proved seat or berth or such seat or minations required by this paragraph
berth is otherwise made available by in a non-discriminatory manner con-
the certificate holder for the child’s sistent with the requirements of this
use; section, by persons designated in the
(ii) The requirements of paragraph certificate holder’s required operations
(a)(2)(i) of this section are met; manual.
(iii) The requirements of paragraph (4) Submission of designation for ap-
(a)(2)(iii) of this section are met; and proval. Each certificate holder shall
(iv) The child restraint system has designate the exit seats for each pas-
one or more of the labels described in senger seating configuration in its fleet
paragraphs (a)(2)(ii)(A) through in accordance with the definitions in
(a)(2)(ii)(C) of this section. this paragraph and submit those des-
ignations for approval as part of the
(3) This section does not prohibit the
procedures required to be submitted for
certificate holder from providing child
approval under paragraphs (n) and (p)
restraint systems authorized by this
of this section.
or, consistent with safe operating prac-
(b) No certificate holder may seat a
tices, determining the most appro- person in a seat affected by this section
priate passenger seat location for the if the certificate holder determines
child restraint system. that it is likely that the person would
[Doc. No. 26142, 57 FR 42676, Sept. 15, 1992, as be unable to perform one or more of
amended by Amdt. 135–62, 61 FR 28422, June the applicable functions listed in para-
4, 1996; Amdt. 135–100, 70 FR 50907, Aug. 26, graph (d) of this section because—
spaschal on DSKJM0X7X2PROD with CFR

2005; Amdt. 135–106, 71 FR 40010, July 14, 2006; (1) The person lacks sufficient mobil-
71 FR 59374, Oct. 10, 2006; Amdt. 135–130, 79 FR ity, strength, or dexterity in both arms
28812, May 20, 2014] and hands, and both legs:

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§ 135.129 14 CFR Ch. I (1–1–21 Edition)

(i) To reach upward, sideways, and functions listed in paragraph (d) of this
downward to the location of emergency section; or
exit and exit-slide operating mecha- (ii) A condition that might cause the
nisms; person harm if he or she performs one
(ii) To grasp and push, pull, turn, or or more of the applicable functions
otherwise manipulate those mecha- listed in paragraph (d) of this section.
nisms; (c) Each passenger shall comply with
(iii) To push, shove, pull, or other- instructions given by a crewmember or
wise open emergency exits; other authorized employee of the cer-
(iv) To lift out, hold, deposit on near- tificate holder implementing exit seat-
by seats, or maneuver over the ing restrictions established in accord-
seatbacks to the next row objects the ance with this section.
size and weight of over-wing window (d) Each certificate holder shall in-
exit doors; clude on passenger information cards,
(v) To remove obstructions of size presented in the language in which
and weight similar over-wing exit briefings and oral commands are given
doors; by the crew, at each exit seat affected
(vi) To reach the emergency exit ex- by this section, information that, in
peditiously; the event of an emergency in which a
(vii) To maintain balance while re- crewmember is not available to assist,
moving obstructions; a passenger occupying an exit seat may
(viii) To exit expeditiously; use if called upon to perform the fol-
(ix) To stabilize an escape slide after lowing functions:
deployment; or (1) Locate the emergency exit;
(x) To assist others in getting off an (2) Recognize the emergency exit
escape slide; opening mechanism;
(2) The person is less than 15 years of (3) Comprehend the instructions for
age or lacks the capacity to perform operating the emergency exit;
one or more of the applicable functions (4) Operate the emergency exit;
listed in paragraph (d) of this section (5) Assess whether opening the emer-
without the assistance of an adult com- gency exit will increase the hazards to
panion, parent, or other relative; which passengers may be exposed;
(3) The person lacks the ability to (6) Follow oral directions and hand
read and understand instructions re- signals given by a crewmember;
quired by this section and related to (7) Stow or secure the emergency exit
emergency evacuation provided by the door so that it will not impede use of
certificate holder in printed or graphic the exit;
form or the ability to understand oral (8) Assess the condition of an escape
crew commands. slide, activate the slide, and stabilize
(4) The person lacks sufficient visual the slide after deployment to assist
capacity to perform one or more of the others in getting off the slide;
applicable functions in paragraph (d) of (9) Pass expeditiously through the
this section without the assistance of emergency exit; and
visual aids beyond contact lenses or (10) Assess, select, and follow a safe
eyeglasses; path away from the emergency exit.
(5) The person lacks sufficient aural (e) Each certificate holder shall in-
capacity to hear and understand in- clude on passenger information cards,
structions shouted by flight attend- at each exit seat—
ants, without assistance beyond a hear- (1) In the primary language in which
ing aid; emergency commands are given by the
(6) The person lacks the ability ade- crew, the selection criteria set forth in
quately to impart information orally paragraph (b) of this section, and a re-
to other passengers; or, quest that a passenger identify himself
(7) The person has: or herself to allow reseating if he or
(i) A condition or responsibilities, she—
spaschal on DSKJM0X7X2PROD with CFR

such as caring for small children, that (i) Cannot meet the selection criteria
might prevent the person from per- set forth in paragraph (b) of this sec-
forming one or more of the applicable tion;

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Federal Aviation Administration, DOT § 135.129

(ii) Has a nondiscernible condition (1) Cannot meet the selection criteria
that will prevent him or her from per- set forth in paragraph (b) of this sec-
forming the applicable functions listed tion;
in paragraph (d) of this section; (2) Has a nondiscernible condition
(iii) May suffer bodily harm as the re- that will prevent him or her from per-
sult of performing one or more of those forming the applicable functions listed
functions; or in paragraph (d) of this section;
(iv) Does not wish to perform those (3) May suffer bodily harm as the re-
functions; and, sult of performing one or more of those
(2) In each language used by the cer- functions; or,
tificate holder for passenger informa- (4) Does not wish to perform those
tion cards, a request that a passenger functions.
identify himself or herself to allow re-
seating if he or she lacks the ability to A certificate holder shall not require
read, speak, or understand the lan- the passenger to disclose his or her rea-
guage or the graphic form in which in- son for needing reseating.
structions required by this section and (j) [Reserved]
related to emergency evacuation are (k) In the event a certificate holder
provided by the certificate holder, or determines in accordance with this sec-
the ability to understand the specified tion that it is likely that a passenger
language in which crew commands will assigned to an exit seat would be un-
be given in an emergency; able to perform the functions listed in
(3) May suffer bodily harm as the re- paragraph (d) of this section or a pas-
sult of performing one or more of those senger requests a non-exit seat, the
functions; or, certificate holder shall expeditiously
(4) Does not wish to perform those relocate the passenger to a non-exit
functions. seat.
A certificate holder shall not require (l) In the event of full booking in the
the passenger to disclose his or her rea- non-exit seats and if necessary to ac-
son for needing reseating. commodate a passenger being relocated
(f) Each certificate holder shall make from an exit seat, the certificate hold-
available for inspection by the public er shall move a passenger who is will-
at all passenger loading gates and tick- ing and able to assume the evacuation
et counters at each airport where it functions that may be required, to an
conducts passenger operations, written exit seat.
procedures established for making de- (m) A certificate holder may deny
terminations in regard to exit row transportation to any passenger under
seating. this section only because—
(g) No certificate holder may allow (1) The passenger refuses to comply
taxi or pushback unless at least one re- with instructions given by a crew-
quired crewmember has verified that member or other authorized employee
no exit seat is occupied by a person the of the certificate holder implementing
crewmember determines is likely to be exit seating restrictions established in
unable to perform the applicable func- accordance with this section, or
tions listed in paragraph (d) of this sec- (2) The only seat that will physically
tion. accommodate the person’s handicap is
(h) Each certificate holder shall in- an exit seat.
clude in its passenger briefings a ref- (n) In order to comply with this sec-
erence to the passenger information tion certificate holders shall—
cards, required by paragraphs (d) and (1) Establish procedures that address:
(e), the selection criteria set forth in (i) The criteria listed in paragraph
paragraph (b), and the functions to be (b) of this section;
performed, set forth in paragraph (d) of (ii) The functions listed in paragraph
this section. (d) of this section;
(i) Each certificate holder shall in- (iii) The requirements for airport in-
clude in its passenger briefings a re- formation, passenger information
spaschal on DSKJM0X7X2PROD with CFR

quest that a passenger identify himself cards, crewmember verification of ap-


or herself to allow reseating if he or propriate seating in exit seats, pas-
she— senger briefings, seat assignments, and

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§ 135.141 14 CFR Ch. I (1–1–21 Edition)

denial of transportation as set forth in (c) ATC transponder equipment in-


this section; stalled within the time periods indi-
(iv) How to resolve disputes arising cated below must meet the perform-
from implementation of this section, ance and environmental requirements
including identification of the certifi- of the following TSO’s:
cate holder employee on the airport to (1) Through January 1, 1992: (i) Any
whom complaints should be addressed class of TSO-C74b or any class of TSO-
for resolution; and, C74c as appropriate, provided that the
(2) Submit their procedures for pre- equipment was manufactured before
liminary review and approval to the January 1, 1990; or
principal operations inspectors as- (ii) The appropriate class of TSO-C112
signed to them at the responsible (Mode S).
Flight Standards office.
(2) After January 1, 1992: The appro-
(o) Certificate holders shall assign
seats prior to boarding consistent with priate class of TSO-C112 (Mode S). For
the criteria listed in paragraph (b) and purposes of paragraph (c)(2) of this sec-
the functions listed in paragraph (d) of tion, ‘‘installation’’ does not include—
this section, to the maximum extent (i) Temporary installation of TSO-
feasible. C74b or TSO-C74c substitute equip-
(p) The procedures required by para- ment, as appropriate, during mainte-
graph (n) of this section will not be- nance of the permanent equipment;
come effective until final approval is (ii) Reinstallation of equipment after
granted by the Executive Director, temporary removal for maintenance; or
Flight Standards Service, Washington, (iii) For fleet operations, installation
DC. Approval will be based solely upon of equipment in a fleet aircraft after
the safety aspects of the certificate removal of the equipment for mainte-
holder’s procedures. nance from another aircraft in the
[Doc. No. 25821, 55 FR 8073, Mar. 6, 1990, as
same operator’s fleet.
amended by Amdt. 135–45, 57 FR 48664, Oct. [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
27, 1992; Amdt. 135–50, 59 FR 33603, June 29, amended by Amdt. 135–22, 52 FR 3392, Feb. 3,
1994; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996; 1987]
Docket FAA–2018–0119, Amdt. 135–139, 83 FR
9175, Mar. 5, 2018] § 135.144 Portable electronic devices.
(a) Except as provided in paragraph
Subpart C—Aircraft and (b) of this section, no person may oper-
Equipment ate, nor may any operator or pilot in
§ 135.141 Applicability. command of an aircraft allow the oper-
ation of, any portable electronic device
This subpart prescribes aircraft and on any U.S.-registered civil aircraft op-
equipment requirements for operations erating under this part.
under this part. The requirements of (b) Paragraph (a) of this section does
this subpart are in addition to the air- not apply to—
craft and equipment requirements of
(1) Portable voice recorders;
part 91 of this chapter. However, this
part does not require the duplication of (2) Hearing aids;
any equipment required by this chap- (3) Heart pacemakers;
ter. (4) Electric shavers;
(5) Portable oxygen concentrators
§ 135.143 General requirements. that comply with the requirements in
(a) No person may operate an aircraft § 135.91; or
under this part unless that aircraft and (6) Any other portable electronic de-
its equipment meet the applicable reg- vice that the part 119 certificate holder
ulations of this chapter. has determined will not cause inter-
(b) Except as provided in § 135.179, no ference with the navigation or commu-
person may operate an aircraft under nication system of the aircraft on
this part unless the required instru- which it is to be used.
spaschal on DSKJM0X7X2PROD with CFR

ments and equipment in it have been (c). The determination required by


approved and are in an operable condi- paragraph (b)(6) of this section shall be
tion. made by that part 119 certificate holder

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Federal Aviation Administration, DOT § 135.149

operating the aircraft on which the the same make or similar design has
particular device is to be used. not been previously proved or validated
[Doc. No. FAA–1998–4954, 64 FR 1080, Jan. 7, in operations under this part.
1999, as amended by Docket FAA–2014–0554, (2) Operations outside U.S. airspace.
Amdt. 135–133, 81 FR 33120, May 24, 2016] (3) Class II navigation authoriza-
tions.
§ 135.145 Aircraft proving and valida- (4) Special performance or oper-
tion tests.
ational authorizations.
(a) No certificate holder may operate (e) Validation tests must be accom-
an aircraft, other than a turbojet air- plished by test methods acceptable to
craft, for which two pilots are required
the Administrator. Actual flights may
by this chapter for operations under
not be required when an applicant can
VFR, if it has not previously proved
demonstrate competence and compli-
such an aircraft in operations under
this part in at least 25 hours of proving ance with appropriate regulations
tests acceptable to the Administrator without conducting a flight.
including— (f) Proving tests and validation tests
(1) Five hours of night time, if night may be conducted simultaneously
flights are to be authorized; when appropriate.
(2) Five instrument approach proce- (g) The Administrator may authorize
dures under simulated or actual condi- deviations from this section if the Ad-
tions, if IFR flights are to be author- ministrator finds that special cir-
ized; and cumstances make full compliance with
(3) Entry into a representative num- this section unnecessary.
ber of en route airports as determined
by the Administrator. [Doc. No. FAA–2001–10047, 68 FR 54586, Sept.
(b) No certificate holder may operate 17, 2003]
a turbojet airplane if it has not pre-
§ 135.147 Dual controls required.
viously proved a turbojet airplane in
operations under this part in at least 25 No person may operate an aircraft in
hours of proving tests acceptable to the operations requiring two pilots unless
Administrator including— it is equipped with functioning dual
(1) Five hours of night time, if night controls. However, if the aircraft type
flights are to be authorized; certification operating limitations do
(2) Five instrument approach proce- not require two pilots, a throwover
dures under simulated or actual condi- control wheel may be used in place of
tions, if IFR flights are to be author- two control wheels.
ized; and
(3) Entry into a representative num- § 135.149 Equipment requirements:
ber of en route airports as determined General.
by the Administrator.
No person may operate an aircraft
(c) No certificate holder may carry
unless it is equipped with—
passengers in an aircraft during prov-
ing tests, except those needed to make (a) A sensitive altimeter that is ad-
the tests and those designated by the justable for barometric pressure;
Administrator to observe the tests. (b) Heating or deicing equipment for
However, pilot flight training may be each carburetor or, for a pressure car-
conducted during the proving tests. buretor, an alternate air source;
(d) Validation testing is required to (c) For turbojet airplanes, in addition
determine that a certificate holder is to two gyroscopic bank-and-pitch indi-
capable of conducting operations safely cators (artificial horizons) for use at
and in compliance with applicable reg- the pilot stations, a third indicator
ulatory standards. Validation tests are that is installed in accordance with the
required for the following authoriza- instrument requirements prescribed in
tions: § 121.305(j) of this chapter.
(1) The addition of an aircraft for (d) [Reserved]
spaschal on DSKJM0X7X2PROD with CFR

which two pilots are required for oper-


ations under VFR or a turbojet air-
plane, if that aircraft or an aircraft of

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§ 135.150 14 CFR Ch. I (1–1–21 Edition)

(e) For turbine powered aircraft, any (3) Provides a means of two-way com-
other equipment as the Administrator munication between the pilot compart-
may require. ment and—
(i) Each passenger compartment; and
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended at Amdt. 135–1, 44 FR 26737, May 7, (ii) Each galley located on other than
1979; Amdt. 135–34, 54 FR 43926, Oct. 27, 1989; the main passenger deck level;
Amdt. 135–38, 55 FR 43310, Oct. 26, 1990] (4) Is accessible for immediate use
from each of two flight crewmember
§ 135.150 Public address and crew- stations in the pilot compartment;
member interphone systems. (5) Is accessible for use from at least
No person may operate an aircraft one normal flight attendant station in
having a passenger seating configura- each passenger compartment;
tion, excluding any pilot seat, of more (6) Is capable of operation within 10
than 19 unless it is equipped with— seconds by a flight attendant at each of
(a) A public address system which— those stations in each passenger com-
(1) Is capable of operation inde- partment from which its use is acces-
pendent of the crewmember interphone sible; and
system required by paragraph (b) of (7) For large turbojet-powered air-
this section, except for handsets, head- planes—
sets, microphones, selector switches, (i) Is accessible for use at enough
and signaling devices; flight attendant stations so that all
(2) Is approved in accordance with floor-level emergency exits (or
§ 21.305 of this chapter; entryways to those exits in the case of
(3) Is accessible for immediate use exits located within galleys) in each
from each of two flight crewmember passenger compartment are observable
stations in the pilot compartment; from one or more of those stations so
(4) For each required floor-level pas- equipped;
senger emergency exit which has an ad- (ii) Has an alerting system incor-
jacent flight attendant seat, has a porating aural or visual signals for use
microphone which is readily accessible by flight crewmembers to alert flight
to the seated flight attendant, except attendants and for use by flight attend-
that one microphone may serve more ants to alert flight crewmembers;
than one exit, provided the proximity (iii) For the alerting system required
of the exits allows unassisted verbal by paragraph (b)(7)(ii) of this section,
communication between seated flight has a means for the recipient of a call
attendants; to determine whether it is a normal
(5) Is capable of operation within 10 call or an emergency call; and
seconds by a flight attendant at each of (iv) When the airplane is on the
those stations in the passenger com- ground, provides a means of two-way
partment from which its use is acces- communication between ground per-
sible; sonnel and either of at least two flight
(6) Is audible at all passenger seats, crewmembers in the pilot compart-
lavatories, and flight attendant seats ment. The interphone system station
and work stations; and for use by ground personnel must be so
located that personnel using the sys-
(7) For transport category airplanes
tem may avoid visible detection from
manufactured on or after November 27,
within the airplane.
1990, meets the requirements of § 25.1423
of this chapter. [Doc. No. 24995, 54 FR 43926, Oct. 27, 1989]
(b) A crewmember interphone system
which— § 135.151 Cockpit voice recorders.
(1) Is capable of operation inde- (a) No person may operate a multien-
pendent of the public address system gine, turbine-powered airplane or
required by paragraph (a) of this sec- rotorcraft having a passenger seating
tion, except for handsets, headsets, configuration of six or more and for
microphones, selector switches, and which two pilots are required by cer-
spaschal on DSKJM0X7X2PROD with CFR

signaling devices; tification or operating rules unless it is


(2) Is approved in accordance with equipped with an approved cockpit
§ 21.305 of this chapter; voice recorder that:

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Federal Aviation Administration, DOT § 135.151

(1) Is installed in compliance with audio signal received by a boom or


§ 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), mask microphone in accordance with
(2) and (3), (e), (f), and (g); § 25.1457(a)(1) § 25.1457(c)(5) of this chapter.
and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (e) In complying with this section, an
(f), and (g), § 27.1457(a)(1) and (2), (b), approved cockpit voice recorder having
(c), (d)(1)(i), (2) and (3), (e), (f), and (g); an erasure feature may be used, so that
or § 29.1457(a)(1) and (2), (b), (c), (d)(1)(i), during the operation of the recorder,
(2) and (3), (e), (f), and (g) of this chap- information:
ter, as applicable; and (1) Recorded in accordance with para-
(2) Is operated continuously from the graph (a) of this section and recorded
use of the check list before the flight more than 15 minutes earlier; or
to completion of the final check list at (2) Recorded in accordance with para-
the end of the flight. graph (b) of this section and recorded
(b) No person may operate a multien- more than 30 minutes earlier; may be
gine, turbine-powered airplane or erased or otherwise obliterated.
rotorcraft having a passenger seating (f) By April 7, 2012, all airplanes sub-
configuration of 20 or more seats unless ject to paragraph (a) or paragraph (b)
it is equipped with an approved cockpit of this section that are manufactured
voice recorder that— before April 7, 2010, and that are re-
(1) Is installed in accordance with the quired to have a flight data recorder
requirements of § 23.1457 (except para- installed in accordance with § 135.152,
graphs (a)(6), (d)(1)(ii), (4), and (5)); must have a cockpit voice recorder
§ 25.1457 (except paragraphs (a)(6), that also—
(d)(1)(ii), (4), and (5)); § 27.1457 (except (1) Meets the requirements in
paragraphs (a)(6), (d)(1)(ii), (4), and (5)); § 23.1457(d)(6) or § 25.1457(d)(6) of this
or § 29.1457 (except paragraphs (a)(6), chapter, as applicable; and
(d)(1)(ii), (4), and (5)) of this chapter, as (2) If transport category, meet the re-
applicable; and quirements in § 25.1457(a)(3), (a)(4), and
(2) Is operated continuously from the (a)(5) of this chapter.
use of the check list before the flight (g)(1) No person may operate a multi-
to completion of the final check list at engine, turbine-powered airplane or
the end of the flight. rotorcraft that is manufactured on or
(c) In the event of an accident, or oc- after April 7, 2010, that has a passenger
currence requiring immediate notifica- seating configuration of six or more
tion of the National Transportation seats, for which two pilots are required
Safety Board which results in termi- by certification or operating rules, and
nation of the flight, the certificate that is required to have a flight data
holder shall keep the recorded informa- recorder under § 135.152, unless it is
tion for at least 60 days or, if requested equipped with an approved cockpit
by the Administrator or the Board, for voice recorder that also—
a longer period. Information obtained (i) Is installed in accordance with the
from the record may be used to assist requirements of § 23.1457 (except for
in determining the cause of accidents paragraph (a)(6)); § 25.1457 (except for
or occurrences in connection with in- paragraph (a)(6)); § 27.1457 (except for
vestigations. The Administrator does paragraph (a)(6)); or § 29.1457 (except for
not use the record in any civil penalty paragraph (a)(6)) of this chapter, as ap-
or certificate action. plicable; and
(d) For those aircraft equipped to (ii) Is operated continuously from the
record the uninterrupted audio signals use of the check list before the flight,
received by a boom or a mask micro- to completion of the final check list at
phone the flight crewmembers are re- the end of the flight; and
quired to use the boom microphone (iii) Retains at least the last 2 hours
below 18,000 feet mean sea level. No of recorded information using a re-
person may operate a large turbine en- corder that meets the standards of
gine powered airplane manufactured TSO–C123a, or later revision.
after October 11, 1991, or on which a (iv) For all airplanes or rotorcraft
spaschal on DSKJM0X7X2PROD with CFR

cockpit voice recorder has been in- manufactured on or after December 6,


stalled after October 11, 1991, unless it 2010, also meets the requirements of
is equipped to record the uninterrupted § 23.1457(a)(6); § 25.1457(a)(6);

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§ 135.152 14 CFR Ch. I (1–1–21 Edition)

§ 27.1457(a)(6); or § 29.457(a)(6) of this erator’s U.S. operations specifications


chapter, as applicable. after, October 11, 1991, unless it is
(2) No person may operate a multien- equipped with one or more approved
gine, turbine-powered airplane or flight recorders that use a digital
rotorcraft that is manufactured on or method of recording and storing data
after April 7, 2010, has a passenger seat- and a method of readily retrieving that
ing configuration of 20 or more seats, data from the storage medium. The pa-
and that is required to have a flight rameters specified in either Appendix B
data recorder under § 135.152, unless it or C of this part, as applicable must be
is equipped with an approved cockpit recorded within the range, accuracy,
voice recorder that also— resolution, and recording intervals as
(i) Is installed in accordance with the specified. The recorder shall retain no
requirements of § 23.1457 (except for less than 25 hours of aircraft operation.
paragraph (a)(6)); § 25.1457 (except for (b) After October 11, 1991, no person
paragraph (a)(6)); § 27.1457 (except for may operate a multiengine, turbine-
paragraph (a)(6)); or § 29.1457 (except for powered airplane having a passenger
paragraph (a)(6)) of this chapter, as ap- seating configuration of 20 to 30 seats
plicable; and or a multiengine, turbine-powered
(ii) Is operated continuously from the rotorcraft having a passenger seating
use of the check list before the flight, configuration of 20 or more seats unless
to completion of the final check list at it is equipped with one or more ap-
the end of the flight; and proved flight recorders that utilize a
(iii) Retains at least the last 2 hours digital method of recording and storing
of recorded information using a re- data, and a method of readily retriev-
corder that meets the standards of ing that data from the storage me-
TSO–C123a, or later revision. dium. The parameters in appendix D or
(iv) For all airplanes or rotorcraft E of this part, as applicable, that are
manufactured on or after December 6, set forth below, must be recorded with-
2010, also meets the requirements of in the ranges, accuracies, resolutions,
§ 23.1457(a)(6); § 25.1457(a)(6); and sampling intervals as specified.
§ 27.1457(a)(6); or § 29.457(a)(6) of this (1) Except as provided in paragraph
chapter, as applicable. (b)(3) of this section for aircraft type
(h) All airplanes or rotorcraft re- certificated before October 1, 1969, the
quired by this part to have a cockpit following parameters must be recorded:
voice recorder and a flight data re- (i) Time;
corder, that install datalink commu- (ii) Altitude;
nication equipment on or after Decem- (iii) Airspeed;
ber 6, 2010, must record all datalink (iv) Vertical acceleration;
messages as required by the certifi- (v) Heading;
cation rule applicable to the aircraft. (vi) Time of each radio transmission
to or from air traffic control;
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–23, 52 FR 9637, Mar. 25,
(vii) Pitch attitude;
1987; Amdt. 135–26, 53 FR 26151, July 11, 1988; (viii) Roll attitude;
Amdt. 135–60, 61 FR 2616, Jan. 26, 1996; Amdt. (ix) Longitudinal acceleration;
135–113, 73 FR 12570, Mar. 7, 2008; Amdt. 135– (x) Control column or pitch control
113, 74 FR 32801, July 9, 2009; Amdt. 135–121, 75 surface position; and
FR 17046, Apr. 5, 2010] (xi) Thrust of each engine.
(2) Except as provided in paragraph
§ 135.152 Flight data recorders. (b)(3) of this section for aircraft type
(a) Except as provided in paragraph certificated after September 30, 1969,
(k) of this section, no person may oper- the following parameters must be re-
ate under this part a multi-engine, tur- corded:
bine-engine powered airplane or rotor- (i) Time;
craft having a passenger seating con- (ii) Altitude;
figuration, excluding any required (iii) Airspeed;
crewmember seat, of 10 to 19 seats, that (iv) Vertical acceleration;
spaschal on DSKJM0X7X2PROD with CFR

was either brought onto the U.S. reg- (v) Heading;


ister after, or was registered outside (vi) Time of each radio transmission
the United States and added to the op- either to or from air traffic control;

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Federal Aviation Administration, DOT § 135.152

(vii) Pitch attitude; tation Safety Board under 49 CFR part


(viii) Roll attitude; 830 of its regulations and that results
(ix) Longitudinal acceleration; in termination of the flight, the certifi-
(x) Pitch trim position; cate holder shall remove the recording
(xi) Control column or pitch control media from the aircraft and keep the
surface position; recorded data required by paragraphs
(xii) Control wheel or lateral control (a) and (b) of this section for at least 60
surface position; days or for a longer period upon re-
(xiii) Rudder pedal or yaw control quest of the Board or the Adminis-
surface position; trator.
(xiv) Thrust of each engine; (f)(1) For airplanes manufactured on
(xv) Position of each thrust reverser; or before August 18, 2000, and all other
(xvi) Trailing edge flap or cockpit
aircraft, each flight recorder required
flap control position; and
by this section must be installed in ac-
(xvii) Leading edge flap or cockpit
cordance with the requirements of
flap control position.
§ 23.1459 (except paragraphs (a)(3)(ii)
(3) For aircraft manufactured after
October 11, 1991, all of the parameters and (6)), § 25.1459 (except paragraphs
listed in appendix D or E of this part, (a)(3)(ii) and (7)), § 27.1459 (except para-
as applicable, must be recorded. graphs (a)(3)(ii) and (6)), or § 29.1459 (ex-
(c) Whenever a flight recorder re- cept paragraphs (a)(3)(ii) and (6)), as
quired by this section is installed, it appropriate, of this chapter. The cor-
must be operated continuously from relation required by paragraph (c) of
the instant the airplane begins the §§ 23.1459, 25.1459, 27.1459, or 29.1459 of
takeoff roll or the rotorcraft begins the this chapter, as appropriate, need be
lift-off until the airplane has com- established only on one aircraft of a
pleted the landing roll or the rotorcraft group of aircraft:
has landed at its destination. (i) That are of the same type;
(d) Except as provided in paragraph (ii) On which the flight recorder mod-
(c) of this section, and except for re- els and their installations are the
corded data erased as authorized in same; and
this paragraph, each certificate holder (iii) On which there are no dif-
shall keep the recorded data prescribed ferences in the type designs with re-
in paragraph (a) of this section until spect to the installation of the first pi-
the aircraft has been operating for at lot’s instruments associated with the
least 25 hours of the operating time flight recorder. The most recent instru-
specified in paragraph (c) of this sec- ment calibration, including the record-
tion. In addition, each certificate hold- ing medium from which this calibra-
er shall keep the recorded data pre-
tion is derived, and the recorder cor-
scribed in paragraph (b) of this section
relation must be retained by the cer-
for an airplane until the airplane has
tificate holder.
been operating for at least 25 hours,
and for a rotorcraft until the rotorcraft (2) For airplanes manufactured after
has been operating for at least 10 August 18, 2000, each flight data re-
hours, of the operating time specified corder system required by this section
in paragraph (c) of this section. A total must be installed in accordance with
of 1 hour of recorded data may be the requirements of § 23.1459(a) (except
erased for the purpose of testing the paragraphs (a)(3)(ii) and (6)), (b), (d)
flight recorder or the flight recorder and (e), or § 25.1459(a) (except para-
system. Any erasure made in accord- graphs (a)(3)(ii) and (7)), (b), (d) and (e)
ance with this paragraph must be of of this chapter. A correlation must be
the oldest recorded data accumulated established between the values re-
at the time of testing. Except as pro- corded by the flight data recorder and
vided in paragraph (c) of this section, the corresponding values being meas-
no record need be kept more than 60 ured. The correlation must contain a
days. sufficient number of correlation points
spaschal on DSKJM0X7X2PROD with CFR

(e) In the event of an accident or oc- to accurately establish the conversion


currence that requires the immediate from the recorded values to engineer-
notification of the National Transpor- ing units or discrete state over the full

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§ 135.152 14 CFR Ch. I (1–1–21 Edition)

operating range of the parameter. Ex- (18) Lateral acceleration;


cept for airplanes having separate alti- (19) Pitch trim surface position or pa-
tude and airspeed sensors that are an rameters of paragraph (h)(82) of this
integral part of the flight data recorder section if currently recorded;
system, a single correlation may be es- (20) Trailing edge flap or cockpit flap
tablished for any group of airplanes— control selection (except when param-
(i) That are of the same type; eters of paragraph (h)(85) of this sec-
(ii) On which the flight recorder sys- tion apply);
tem and its installation are the same; (21) Leading edge flap or cockpit flap
and control selection (except when param-
(iii) On which there is no difference eters of paragraph (h)(86) of this sec-
in the type design with respect to the tion apply);
installation of those sensors associated (22) Each Thrust reverser position (or
with the flight data recorder system. equivalent for propeller airplane);
Documentation sufficient to convert (23) Ground spoiler position or speed
recorded data into the engineering brake selection (except when param-
units and discrete values specified in eters of paragraph (h)(87) of this sec-
the applicable appendix must be main- tion apply);
tained by the certificate holder. (24) Outside or total air temperature;
(g) Each flight recorder required by (25) Automatic Flight Control Sys-
this section that records the data spec- tem (AFCS) modes and engagement
ified in paragraphs (a) and (b) of this status, including autothrottle;
section must have an approved device (26) Radio altitude (when an informa-
to assist in locating that recorder tion source is installed);
under water. (27) Localizer deviation, MLS Azi-
(h) The operational parameters re- muth;
quired to be recorded by digital flight (28) Glideslope deviation, MLS Ele-
data recorders required by paragraphs vation;
(i) and (j) of this section are as follows, (29) Marker beacon passage;
the phrase ‘‘when an information (30) Master warning;
source is installed’’ following a param- (31) Air/ground sensor (primary air-
eter indicates that recording of that plane system reference nose or main
parameter is not intended to require a gear);
change in installed equipment. (32) Angle of attack (when informa-
(1) Time; tion source is installed);
(2) Pressure altitude; (33) Hydraulic pressure low (each sys-
(3) Indicated airspeed; tem);
(4) Heading—primary flight crew ref- (34) Ground speed (when an informa-
erence (if selectable, record discrete, tion source is installed);
true or magnetic); (35) Ground proximity warning sys-
(5) Normal acceleration (Vertical); tem;
(6) Pitch attitude; (36) Landing gear position or landing
(7) Roll attitude; gear cockpit control selection;
(8) Manual radio transmitter keying, (37) Drift angle (when an information
or CVR/DFDR synchronization ref- source is installed);
erence; (38) Wind speed and direction (when
(9) Thrust/power of each engine—pri- an information source is installed);
mary flight crew reference; (39) Latitude and longitude (when an
(10) Autopilot engagement status; information source is installed);
(11) Longitudinal acceleration; (40) Stick shaker/pusher (when an in-
(12) Pitch control input; formation source is installed);
(13) Lateral control input; (41) Windshear (when an information
(14) Rudder pedal input; source is installed);
(15) Primary pitch control surface po- (42) Throttle/power lever position;
sition; (43) Additional engine parameters (as
(16) Primary lateral control surface designated in appendix F of this part);
spaschal on DSKJM0X7X2PROD with CFR

position; (44) Traffic alert and collision avoid-


(17) Primary yaw control surface po- ance system;
sition; (45) DME 1 and 2 distances;

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Federal Aviation Administration, DOT § 135.152

(46) Nav 1 and 2 selected frequency; (73) Computed center of gravity


(47) Selected barometric setting (when an information source is in-
(when an information source is in- stalled);
stalled); (74) AC electrical bus status;
(48) Selected altitude (when an infor- (75) DC electrical bus status;
mation source is installed); (76) APU bleed valve position (when
(49) Selected speed (when an informa- an information source is installed);
tion source is installed); (77) Hydraulic pressure (each sys-
(50) Selected mach (when an informa- tem);
tion source is installed); (78) Loss of cabin pressure;
(51) Selected vertical speed (when an (79) Computer failure;
information source is installed); (80) Heads-up display (when an infor-
(52) Selected heading (when an infor- mation source is installed);
mation source is installed); (81) Para-visual display (when an in-
(53) Selected flight path (when an in- formation source is installed);
formation source is installed); (82) Cockpit trim control input posi-
(54) Selected decision height (when tion—pitch;
an information source is installed); (83) Cockpit trim control input posi-
(55) EFIS display format; tion—roll;
(56) Multi-function/engine/alerts dis- (84) Cockpit trim control input posi-
play format; tion—yaw;
(57) Thrust command (when an infor- (85) Trailing edge flap and cockpit
mation source is installed); flap control position;
(58) Thrust target (when an informa- (86) Leading edge flap and cockpit
tion source is installed); flap control position;
(59) Fuel quantity in CG trim tank (87) Ground spoiler position and speed
(when an information source is in- brake selection; and
stalled);
(88) All cockpit flight control input
(60) Primary Navigation System Ref- forces (control wheel, control column,
erence; rudder pedal).
(61) Icing (when an information (i) For all turbine-engine powered
source is installed); airplanes with a seating configuration,
(62) Engine warning each engine vi- excluding any required crewmember
bration (when an information source is seat, of 10 to 30 passenger seats, manu-
installed); factured after August 18, 2000—
(63) Engine warning each engine over (1) The parameters listed in para-
temp. (when an information source is graphs (h)(1) through (h)(57) of this sec-
installed); tion must be recorded within the
(64) Engine warning each engine oil ranges, accuracies, resolutions, and re-
pressure low (when an information cording intervals specified in Appendix
source is installed); F of this part.
(65) Engine warning each engine over (2) Commensurate with the capacity
speed (when an information source is of the recording system, all additional
installed; parameters for which information
(66) Yaw trim surface position; sources are installed and which are
(67) Roll trim surface position; connected to the recording system
(68) Brake pressure (selected system); must be recorded within the ranges, ac-
(69) Brake pedal application (left and curacies, resolutions, and sampling in-
right); tervals specified in Appendix F of this
(70) Yaw or sideslip angle (when an part.
information source is installed); (j) For all turbine-engine-powered
(71) Engine bleed valve position airplanes with a seating configuration,
(when an information source is in- excluding any required crewmember
stalled); seat, of 10 to 30 passenger seats, that
spaschal on DSKJM0X7X2PROD with CFR

(72) De-icing or anti-icing system se- are manufactured after August 19, 2002
lection (when an information source is the parameters listed in paragraph
installed); (a)(1) through (a)(88) of this section

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§ 135.153 14 CFR Ch. I (1–1–21 Edition)

must be recorded within the ranges, ac- with an approved terrain awareness
curacies, resolutions, and recording in- and warning system that meets as a
tervals specified in Appendix F of this minimum the requirements for Class B
part. equipment in Technical Standard Order
(k) For aircraft manufactured before (TSO)–C151.
August 18, 1997, the following aircraft (b) Airplanes manufactured on or before
types need not comply with this sec- March 29, 2002:
tion: Bell 212, Bell 214ST, Bell 412, Bell (1) No person may operate a turbine-
412SP, Boeing Chinook (BV–234), Boe- powered airplane configured with 10 or
ing/Kawasaki Vertol 107 (BV/KV–107– more passenger seats, excluding any
II), deHavilland DHC–6, Eurocopter pilot seat, after March 29, 2005, unless
Puma 330J, Sikorsky 58, Sikorsky 61N, that airplane is equipped with an ap-
Sikorsky 76A. proved terrain awareness and warning
(l) By April 7, 2012, all aircraft manu- system that meets the requirements
factured before April 7, 2010, must also for Class A equipment in Technical
meet the requirements in § 23.1459(a)(7), Standard Order (TSO)–C151. The air-
§ 25.1459(a)(8), § 27.1459(e), or § 29.1459(e) plane must also include an approved
of this chapter, as applicable. terrain situational awareness display.
(m) All aircraft manufactured on or (2) No person may operate a turbine-
after April 7, 2010, must have a flight powered airplane configured with 6 to 9
data recorder installed that also— passenger seats, excluding any pilot
(1) Meets the requirements of seat, after March 29, 2005, unless that
§ 23.1459(a)(3), (a)(6), and (a)(7), airplane is equipped with an approved
§ 25.1459(a)(3), (a)(7), and (a)(8), terrain awareness and warning system
§ 27.1459(a)(3), (a)(6), and (e), or that meets as a minimum the require-
§ 29.1459(a)(3), (a)(6), and (e) of this ments for Class B equipment in Tech-
chapter, as applicable; and nical Standard Order (TSO)–C151.
(2) Retains the 25 hours of recorded
information required in paragraph (d) (Approved by the Office of Management and
of this section using a recorder that Budget under control number 2120–0631)
meets the standards of TSO–C124a, or (c) Airplane Flight Manual. The Air-
later revision. plane Flight Manual shall contain ap-
[Doc. No. 25530, 53 FR 26151, July 11, 1988, as propriate procedures for—
amended by Amdt. 135–69, 62 FR 38396, July (1) The use of the terrain awareness
17, 1997; 62 FR 48135, Sept. 12, 1997; Amdt. 135– and warning system; and
89, 68 FR 42939, July 18, 2003; Amdt. 135–113, 73 (2) Proper flight crew reaction in re-
FR 12570, Mar. 7, 2008; Amdt. 135–113, 74 FR sponse to the terrain awareness and
32801, July 9, 2009] warning system audio and visual warn-
ings.
§ 135.153 [Reserved]
[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]
§ 135.154 Terrain awareness and warn-
ing system. § 135.155 Fire extinguishers: Pas-
(a) Airplanes manufactured after March senger-carrying aircraft.
29, 2002: No person may operate an aircraft
(1) No person may operate a turbine- carrying passengers unless it is
powered airplane configured with 10 or equipped with hand fire extinguishers
more passenger seats, excluding any of an approved type for use in crew and
pilot seat, unless that airplane is passenger compartments as follows—
equipped with an approved terrain (a) The type and quantity of extin-
awareness and warning system that guishing agent must be suitable for the
meets the requirements for Class A kinds of fires likely to occur;
equipment in Technical Standard Order (b) At least one hand fire extin-
(TSO)–C151. The airplane must also in- guisher must be provided and conven-
clude an approved terrain situational iently located on the flight deck for
awareness display. use by the flight crew; and
(2) No person may operate a turbine- (c) At least one hand fire extin-
spaschal on DSKJM0X7X2PROD with CFR

powered airplane configured with 6 to 9 guisher must be conveniently located


passenger seats, excluding any pilot in the passenger compartment of each
seat, unless that airplane is equipped aircraft having a passenger seating

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Federal Aviation Administration, DOT § 135.157

configuration, excluding any pilot seat, listed in paragraph (c) of this section.
of at least 10 seats but less than 31 The operator must create a record of
seats. this determination for each aircraft it
operates, and maintain it as part of the
§ 135.156 Flight data recorders: fil- correlation documentation required by
tered data. § 135.152 (f)(1)(iii) or (f)(2)(iii) of this
(a) A flight data signal is filtered part as applicable.
when an original sensor signal has been (2) For aircraft that are not filtering
changed in any way, other than any listed parameter, no further action
changes necessary to: is required unless the aircraft’s DFDR
(1) Accomplish analog to digital con- system is modified in a manner that
version of the signal; would cause it to meet the definition of
(2) Format a digital signal to be filtering on any listed parameter.
DFDR compatible; or (3) For aircraft found to be filtering a
(3) Eliminate a high frequency com- parameter listed in paragraph (c) of
ponent of a signal that is outside the this section the operator must either:
operational bandwidth of the sensor. (i) No later than April 21, 2014, re-
(b) An original sensor signal for any move the filtering; or
flight recorder parameter required to (ii) No later than April 22, 2013, sub-
be recorded under § 135.152 may be fil- mit the necessary procedure and test
tered only if the recorded signal value results required by paragraph (c)(2) of
continues to meet the requirements of this section.
Appendix D or F of this part, as appli- (4) After April 21, 2014, no aircraft
cable. flight data recording system may filter
(c) For a parameter described in any parameter listed in paragraph (c)
§ 135.152(h)(12) through (17), (42), or (88), of this section that does not meet the
or the corresponding parameter in Ap- requirements of Appendix D or F of
pendix D of this part, if the recorded this part, unless the certificate holder
signal value is filtered and does not possesses test and analysis procedures
meet the requirements of Appendix D and the test results that have been ap-
or F of this part, as applicable, the cer- proved by the FAA. All records of
tificate holder must: tests, analysis and procedures used to
(1) Remove the filtering and ensure comply with this section must be
that the recorded signal value meets maintained as part of the correlation
the requirements of Appendix D or F of documentation required by § 135.152
this part, as applicable; or (f)(1)(iii) or (f)(2)(iii) of this part as ap-
(2) Demonstrate by test and analysis plicable.
that the original sensor signal value [Doc. No. FAA–2006–26135, 75 FR 7357, Feb. 19,
can be reconstructed from the recorded 2010]
data. This demonstration requires
that: § 135.157 Oxygen equipment require-
(i) The FAA determine that the pro- ments.
cedure and test results submitted by (a) Unpressurized aircraft. No person
the certificate holder as its compliance may operate an unpressurized aircraft
with paragraph (c)(2) of this section are at altitudes prescribed in this section
repeatable; and unless it is equipped with enough oxy-
(ii) The certificate holder maintains gen dispensers and oxygen to supply
documentation of the procedure re- the pilots under § 135.89(a) and to sup-
quired to reconstruct the original sen- ply, when flying—
sor signal value. This documentation is (1) At altitudes above 10,000 feet
also subject to the requirements of through 15,000 feet MSL, oxygen to at
§ 135.152(e). least 10 percent of the occupants of the
(d) Compliance. Compliance is re- aircraft, other than the pilots, for that
quired as follows: part of the flight at those altitudes
(1) No later than October 20, 2011, that is of more than 30 minutes dura-
each operator must determine, for each tion; and
spaschal on DSKJM0X7X2PROD with CFR

aircraft on its operations specifica- (2) Above 15,000 feet MSL, oxygen to
tions, whether the aircraft’s DFDR sys- each occupant of the aircraft other
tem is filtering any of the parameters than the pilots.

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§ 135.158 14 CFR Ch. I (1–1–21 Edition)

(b) Pressurized aircraft. No person may (b) A certificate holder may obtain
operate a pressurized aircraft— an extension of the April 12, 1981, com-
(1) At altitudes above 25,000 feet pliance date specified in paragraph (a)
MSL, unless at least a 10-minute sup- of this section, but not beyond April 12,
ply of supplemental oxygen is available 1983, from the Executive Director,
for each occupant of the aircraft, other Flight Standards Service if the certifi-
than the pilots, for use when a descent cate holder—
is necessary due to loss of cabin pres- (1) Shows that due to circumstances
surization; and beyond its control it cannot comply by
(2) Unless it is equipped with enough the specified compliance date; and
oxygen dispensers and oxygen to com- (2) Submits by the specified compli-
ply with paragraph (a) of this section ance date a schedule for compliance,
whenever the cabin pressure altitude acceptable to the Executive Director,
exceeds 10,000 feet MSL and, if the indicating that compliance will be
cabin pressurization fails, to comply achieved at the earliest practicable
with § 135.89 (a) or to provide a 2-hour date.
supply for each pilot, whichever is
[Doc. No. 18094, Amdt. 135–17, 46 FR 48306,
greater, and to supply when flying— Aug. 31, 1981, as amended by Amdt. 135–33, 54
(i) At altitudes above 10,000 feet FR 39294, Sept. 25, 1989; Docket FAA–2018–
through 15,000 feet MSL, oxygen to at 0119, Amdt. 135–139, 83 FR 9175, Mar. 5, 2018]
least 10 percent of the occupants of the
aircraft, other than the pilots, for that § 135.159 Equipment requirements:
part of the flight at those altitudes Carrying passengers under VFR at
that is of more than 30 minutes dura- night or under VFR over-the-top
tion; and conditions.
(ii) Above 15,000 feet MSL, oxygen to No person may operate an aircraft
each occupant of the aircraft, other carrying passengers under VFR at
than the pilots, for one hour unless, at night or under VFR over-the-top, un-
all times during flight above that alti- less it is equipped with—
tude, the aircraft can safely descend to (a) A gyroscopic rate-of-turn indi-
15,000 feet MSL within four minutes, in cator except on the following aircraft:
which case only a 30-minute supply is (1) Airplanes with a third attitude in-
required. strument system usable through flight
(c) The equipment required by this attitudes of 360 degrees of pitch-and-
section must have a means— roll and installed in accordance with
(1) To enable the pilots to readily de- the instrument requirements pre-
termine, in flight, the amount of oxy- scribed in § 121.305(j) of this chapter.
gen available in each source of supply (2) Helicopters with a third attitude
and whether the oxygen is being deliv- instrument system usable through
ered to the dispensing units; or flight attitudes of ±80 degrees of pitch
(2) In the case of individual dis- and ±120 degrees of roll and installed in
pensing units, to enable each user to accordance with § 29.1303(g) of this
make those determinations with re- chapter.
spect to that person’s oxygen supply (3) Helicopters with a maximum cer-
and delivery; and tificated takeoff weight of 6,000 pounds
(3) To allow the pilots to use undi- or less.
luted oxygen at their discretion at alti- (b) A slip skid indicator.
tudes above 25,000 feet MSL. (c) A gyroscopic bank-and-pitch indi-
cator.
§ 135.158 Pitot heat indication systems. (d) A gyroscopic direction indicator.
(a) Except as provided in paragraph (e) A generator or generators able to
(b) of this section, after April 12, 1981, supply all probable combinations of
no person may operate a transport cat- continuous in-flight electrical loads for
egory airplane equipped with a flight required equipment and for recharging
instrument pitot heating system unless the battery.
the airplane is also equipped with an (f) For night flights—
spaschal on DSKJM0X7X2PROD with CFR

operable pitot heat indication system (1) An anticollision light system;


that complies with § 25.1326 of this (2) Instrument lights to make all in-
chapter in effect on April 12, 1978. struments, switches, and gauges easily

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Federal Aviation Administration, DOT § 135.163

readable, the direct rays of which are § 135.161 Communication and naviga-
shielded from the pilots’ eyes; and tion equipment for aircraft oper-
(3) A flashlight having at least two ations under VFR over routes navi-
size ‘‘D’’ cells or equivalent. gated by pilotage.
(g) For the purpose of paragraph (e) (a) No person may operate an aircraft
of this section, a continuous in-flight under VFR over routes that can be
electrical load includes one that draws navigated by pilotage unless the air-
current continuously during flight, craft is equipped with the two-way
such as radio equipment and elec- radio communication equipment nec-
trically driven instruments and lights, essary under normal operating condi-
but does not include occasional inter- tions to fulfill the following:
mittent loads. (1) Communicate with at least one
(h) Notwithstanding provisions of appropriate station from any point on
paragraphs (b), (c), and (d), helicopters the route, except in remote locations
having a maximum certificated takeoff and areas of mountainous terrain
weight of 6,000 pounds or less may be where geographical constraints make
operated until January 6, 1988, under such communication impossible.
visual flight rules at night without a (2) Communicate with appropriate air
slip skid indicator, a gyroscopic bank- traffic control facilities from any point
and-pitch indicator, or a gyroscopic di- within Class B, Class C, or Class D air-
rection indicator. space, or within a Class E surface area
designated for an airport in which
[Doc. No. 24550, 51 FR 40709, Nov. 7, 1986, as flights are intended; and
amended by Amdt. 135–38, 55 FR 43310, Oct. (3) Receive meteorological informa-
26, 1990] tion from any point en route, except in
remote locations and areas of moun-
§ 135.160 Radio altimeters for rotor-
craft operations. tainous terrain where geographical
constraints make such communication
(a) After April 24, 2017, no person may impossible.
operate a rotorcraft unless that rotor- (b) No person may operate an aircraft
craft is equipped with an operable at night under VFR over routes that
FAA-approved radio altimeter, or an can be navigated by pilotage unless
FAA-approved device that incorporates that aircraft is equipped with—
a radio altimeter, unless otherwise au- (1) Two-way radio communication
thorized in the certificate holder’s ap- equipment necessary under normal op-
proved minimum equipment list. erating conditions to fulfill the func-
(b) Deviation authority. The Adminis- tions specified in paragraph (a) of this
trator may authorize deviations from section; and
paragraph (a) of this section for rotor- (2) Navigation equipment suitable for
craft that are unable to incorporate a the route to be flown.
radio altimeter. This deviation will be
[Doc. No. FAA–2002–14002, 72 FR 31684, June 7,
issued as a Letter of Deviation Author- 2007, as amended by Amdt. 135–116, 74 FR
ity. The deviation may be terminated 20205, May 1, 2009]
or amended at any time by the Admin-
istrator. The request for deviation au- § 135.163 Equipment requirements:
thority is applicable to rotorcraft with Aircraft carrying passengers under
a maximum gross takeoff weight no IFR.
greater than 2,950 pounds. The request No person may operate an aircraft
for deviation authority must contain a under IFR, carrying passengers, unless
complete statement of the cir- it has—
cumstances and justification, and must (a) A vertical speed indicator;
be submitted to the responsible Flight (b) A free-air temperature indicator;
Standards office, not less than 60 days (c) A heated pitot tube for each air-
prior to the date of intended oper- speed indicator;
ations. (d) A power failure warning device or
spaschal on DSKJM0X7X2PROD with CFR

[Doc. No. FAA–2010–0982, 79 FR 9973, Feb. 21, vacuum indicator to show the power
2014, as amended by Docket FAA–2018–0119, available for gyroscopic instruments
Amdt. 135–139, 83 FR 9175, Mar. 5, 2018] from each power source;

445

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§ 135.165 14 CFR Ch. I (1–1–21 Edition)

(e) An alternate source of static pres- instruments, and lights, but does not
sure for the altimeter and the airspeed include occasional intermittent loads.
and vertical speed indicators; [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
(f) For a single-engine aircraft: amended by Amdt. 135–70, 62 FR 42374, Aug. 6,
(1) Two independent electrical power 1997; Amdt. 135–72, 63 FR 25573, May 8, 1998]
generating sources each of which is
able to supply all probable combina- § 135.165 Communication and naviga-
tions of continuous inflight electrical tion equipment: Extended over-
water or IFR operations.
loads for required instruments and
equipment; or (a) Aircraft navigation equipment re-
(2) In addition to the primary elec- quirements—General. Except as provided
trical power generating source, a in paragraph (g) of this section, no per-
standby battery or an alternate source son may conduct operations under IFR
of electric power that is capable of sup- or extended over-water unless—
plying 150% of the electrical loads of (1) The en route navigation aids nec-
all required instruments and equip- essary for navigating the aircraft along
ment necessary for safe emergency op- the route (e.g., ATS routes, arrival and
eration of the aircraft for at least one departure routes, and instrument ap-
proach procedures, including missed
hour;
approach procedures if a missed ap-
(g) For multi-engine aircraft, at least proach routing is specified in the pro-
two generators or alternators each of cedure) are available and suitable for
which is on a separate engine, of which use by the navigation systems required
any combination of one-half of the by this section:
total number are rated sufficiently to (2) The aircraft used in extended
supply the electrical loads of all re- over-water operations is equipped with
quired instruments and equipment nec- at least two-approved independent
essary for safe emergency operation of navigation systems suitable for navi-
the aircraft except that for multi-en- gating the aircraft along the route to
gine helicopters, the two required gen- be flown within the degree of accuracy
erators may be mounted on the main required for ATC.
rotor drive train; and (3) The aircraft used for IFR oper-
(h) Two independent sources of en- ations is equipped with at least—
ergy (with means of selecting either) of (i) One marker beacon receiver pro-
which at least one is an engine-driven viding visual and aural signals; and
pump or generator, each of which is (ii) One ILS receiver.
able to drive all required gyroscopic in- (4) Any RNAV system used to meet
struments powered by, or to be pow- the navigation equipment require-
ered by, that particular source and in- ments of this section is authorized in
stalled so that failure of one instru- the certificate holder’s operations
ment or source, does not interfere with specifications.
the energy supply to the remaining in- (b) Use of a single independent naviga-
struments or the other energy source tion system for IFR operations. The air-
unless, for single-engine aircraft in all craft may be equipped with a single
cargo operations only, the rate of turn independent navigation system suit-
indicator has a source of energy sepa- able for navigating the aircraft along
rate from the bank and pitch and direc- the route to be flown within the degree
tion indicators. For the purpose of this of accuracy required for ATC if:
paragraph, for multi-engine aircraft, (1) It can be shown that the aircraft
each engine-driven source of energy is equipped with at least one other
must be on a different engine. independent navigation system suit-
able, in the event of loss of the naviga-
(i) For the purpose of paragraph (f) of
tion capability of the single inde-
this section, a continuous inflight elec-
pendent navigation system permitted
trical load includes one that draws cur- by this paragraph at any point along
spaschal on DSKJM0X7X2PROD with CFR

rent continuously during flight, such the route, for proceeding safely to a
as radio equipment, electrically driven suitable airport and completing an in-
strument approach; and

446

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Federal Aviation Administration, DOT § 135.167

(2) The aircraft has sufficient fuel so tem for extended over-water operations
that the flight may proceed safely to a in certain geographic areas may be au-
suitable airport by use of the remain- thorized by the Administrator and ap-
ing navigation system, and complete proved in the certificate holder’s oper-
an instrument approach and land. ations specifications. The following are
(c) VOR navigation equipment. When- among the operational factors the Ad-
ever VOR navigation equipment is re- ministrator may consider in granting
quired by paragraph (a) or (b) of this an authorization:
section, no person may operate an air- (1) The ability of the flight crew to
craft unless it is equipped with at least navigate the airplane along the route
one approved DME or suitable RNAV within the degree of accuracy required
system. for ATC;
(d) Airplane communication equipment (2) The length of the route being
requirements. Except as permitted in flown; and
paragraph (e) of this section, no person (3) The duration of the very high fre-
may operate a turbojet airplane having quency communications gap.
a passenger seat configuration, exclud- [Doc. No. FAA–2002–14002, 72 FR 31684, June 7,
ing any pilot seat, of 10 seats or more, 2007]
or a multiengine airplane in a com-
muter operation, as defined in part 119 § 135.167 Emergency equipment: Ex-
of this chapter, under IFR or in ex- tended overwater operations.
tended over-water operations unless (a) Except where the Administrator,
the airplane is equipped with— by amending the operations specifica-
(1) At least two independent commu- tions of the certificate holder, requires
nication systems necessary under nor- the carriage of all or any specific items
mal operating conditions to fulfill the of the equipment listed below for any
functions specified in § 121.347(a) of this overwater operation, or, upon applica-
chapter; and tion of the certificate holder, the Ad-
(2) At least one of the communica- ministrator allows deviation for a par-
tion systems required by paragraph ticular extended overwater operation,
(d)(1) of this section must have two- no person may operate an aircraft in
way voice communication capability. extended overwater operations unless
(e) IFR or extended over-water commu- it carries, installed in conspicuously
nications equipment requirements. A per- marked locations easily accessible to
son may operate an aircraft other than the occupants if a ditching occurs, the
that specified in paragraph (d) of this following equipment:
section under IFR or in extended over- (1) An approved life preserver
water operations if it meets all of the equipped with an approved survivor lo-
requirements of this section, with the cator light for each occupant of the
exception that only one communica- aircraft. The life preserver must be eas-
tion system transmitter is required for ily accessible to each seated occupant.
operations other than extended over- (2) Enough approved liferafts of a
water operations. rated capacity and buoyancy to accom-
(f) Additional aircraft communication modate the occupants of the aircraft.
equipment requirements. In addition to (b) Each liferaft required by para-
the requirements in paragraphs (d) and graph (a) of this section must be
(e) of this section, no person may oper- equipped with or contain at least the
ate an aircraft under IFR or in ex- following:
tended over-water operations unless it (1) One approved survivor locator
is equipped with at least: light.
(1) Two microphones; and (2) One approved pyrotechnic sig-
(2) Two headsets or one headset and naling device.
one speaker. (3) Either—
(g) Extended over-water exceptions. (i) One survival kit, appropriately
Notwithstanding the requirements of equipped for the route to be flown; or
paragraphs (a), (d), and (e) of this sec- (ii) One canopy (for sail, sunshade, or
spaschal on DSKJM0X7X2PROD with CFR

tion, installation and use of a single rain catcher);


long-range navigation system and a (iii) One radar reflector;
single long-range communication sys- (iv) One liferaft repair kit;

447

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§ 135.168 14 CFR Ch. I (1–1–21 Edition)

(v) One bailing bucket; Autorotational distance refers to the


(vi) One signaling mirror; distance a rotorcraft can travel in
(vii) One police whistle; autorotation as described by the manu-
(viii) One raft knife; facturer in the approved Rotorcraft
(ix) One CO2 bottle for emergency in- Flight Manual.
flation; Shoreline means that area of the land
(x) One inflation pump; adjacent to the water of an ocean, sea,
(xi) Two oars; lake, pond, river, or tidal basin that is
(xii) One 75-foot retaining line; above the high-water mark at which a
(xiii) One magnetic compass; rotorcraft could be landed safely. This
(xiv) One dye marker; does not include land areas which are
(xv) One flashlight having at least unsuitable for landing such as vertical
two size ‘‘D’’ cells or equivalent; cliffs or land intermittently under
(xvi) A 2-day supply of emergency water.
food rations supplying at least 1,000 (b) Required equipment. Except when
calories per day for each person; authorized by the certificate holder’s
(xvii) For each two persons the raft is operations specifications, or when nec-
rated to carry, two pints of water or essary only for takeoff or landing, no
one sea water desalting kit; person may operate a rotorcraft be-
(xviii) One fishing kit; and yond autorotational distance from the
(xix) One book on survival appro- shoreline unless it carries:
priate for the area in which the air- (1) An approved life preserver
craft is operated. equipped with an approved survivor lo-
(c) No person may operate an air- cator light for each occupant of the
plane in extended overwater operations rotorcraft. The life preserver must be
unless there is attached to one of the worn by each occupant while the rotor-
life rafts required by paragraph (a) of craft is beyond autorotational distance
this section, an approved survival type from the shoreline, except for a patient
emergency locator transmitter. Bat- transported during a helicopter air am-
teries used in this transmitter must be bulance operation, as defined in
replaced (or recharged, if the batteries § 135.601(b)(1), when wearing a life pre-
are rechargeable) when the transmitter server would be inadvisable for medical
has been in use for more than 1 cumu- reasons; and
lative hour, or, when 50 percent of their (2) An approved and installed 406 MHz
useful life (or for rechargeable bat- emergency locator transmitter (ELT)
teries, 50 percent of their useful life of with 121.5 MHz homing capability. Bat-
charge) has expired, as established by teries used in ELTs must be main-
the transmitter manufacturer under its tained in accordance with the fol-
approval. The new expiration date for lowing—
replacing (or recharging) the battery (i) Non-rechargeable batteries must
must be legibly marked on the outside be replaced when the transmitter has
of the transmitter. The battery useful been in use for more than 1 cumulative
life (or useful life of charge) require- hour or when 50% of their useful lives
ments of this paragraph do not apply have expired, as established by the
to batteries (such as water-activated transmitter manufacturer under its ap-
batteries) that are essentially unaf- proval. The new expiration date for re-
fected during probable storage inter- placing the batteries must be legibly
vals. marked on the outside of the trans-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
mitter. The battery useful life require-
amended by Amdt. 135–4, 45 FR 38348, June ments of this paragraph (b)(2) do not
30, 1980; Amdt. 135–20, 51 FR 40710, Nov. 7, apply to batteries (such as water-acti-
1986; Amdt. 135–49, 59 FR 32058, June 21, 1994; vated batteries) that are essentially
Amdt. 135–91, 68 FR 54586, Sept. 17, 2003] unaffected during probable storage in-
tervals; or
§ 135.168 Emergency equipment: (ii) Rechargeable batteries used in
Overwater rotorcraft operations. the transmitter must be recharged
spaschal on DSKJM0X7X2PROD with CFR

(a) Definitions. For the purposes of when the transmitter has been in use
this section, the following definitions for more than 1 cumulative hour or
apply— when 50% of their useful-life-of-charge

448

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Federal Aviation Administration, DOT § 135.169

has expired, as established by the link and type the TSO number in the
transmitter manufacturer under its ap- search box: http://www.airweb.faa.gov/
proval. The new expiration date for re- RegulatorylandlGuidancelLibrary/
charging the batteries must be legibly rgTSO.nsf/Frameset?OpenPage.
marked on the outside of the trans- (i) TSO–C126, 406 MHz Emergency Lo-
mitter. The battery useful-life-of- cator Transmitter (ELT), Dec. 23, 1992,
charge requirements of this paragraph (ii) TSO–C126a, 406 MHz Emergency
(b)(2) do not apply to batteries (such as Locator Transmitter (ELT), Dec. 17,
water-activated batteries) that are es- 2008, and
sentially unaffected during probable (iii) TSO–C126b, 406 MHz Emergency
storage intervals. Locator Transmitter (ELT), Nov. 26,
(c) [Reserved] 2012.
(d) ELT standards. The ELT required (2) RTCA, Inc., 1150 18th Street NW.,
by paragraph (b)(2) of this section must Suite 910, Washington, DC 20036, tele-
meet the requirements in: phone (202) 833–9339, and are also avail-
(1) TSO–C126, TSO–C126a, or TSO– able on RTCA’s Web site at http://
C126b; and www.rtca.org/onlinecart/index.cfm.
(2) Section 2 of either RTCA DO–204 (i) RTCA DO–204, Minimum Oper-
or RTCA DO–204A, as specified by the ational Performance Standards
TSO complied with in paragraph (d)(1) (MOPS) 406 MHz Emergency Locator
of this section. Transmitters (ELTs), Sept. 29, 1989, and
(e) ELT alternative compliance. Opera- (ii) RTCA DO–204A, Minimum Oper-
tors with an ELT required by para- ational Performance Standards
graph (b)(2) of this section, or an ELT (MOPS) 406 MHz Emergency Locator
with an approved deviation under Transmitters (ELT), Dec. 6, 2007.
§ 21.618 of this chapter, are in compli-
ance with this section. [Doc. No. FAA–2010–0982, 79 FR 9973, Feb. 21,
(f) Incorporation by reference. The 2014, as amended by Amdt. 135–138, 83 FR
standards required in this section are 1189, Jan. 10, 2018]
incorporated by reference into this sec- § 135.169 Additional airworthiness re-
tion with the approval of the Director quirements.
of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce (a) Except for commuter category
any edition other than that specified in airplanes, no person may operate a
this section, the FAA must publish no- large airplane unless it meets the addi-
tice of change in the FEDERAL REG- tional airworthiness requirements of
ISTER and the material must be avail- §§ 121.213 through 121.283 and 121.307 of
able to the public. All approved mate- this chapter.
rial is available for inspection at the (b) No person may operate a small
FAA’s Office of Rulemaking (ARM–1), airplane that has a passenger-seating
800 Independence Avenue SW., Wash- configuration, excluding pilot seats, of
ington, DC 20591 (telephone (202) 267– 10 seats or more unless it is type cer-
9677) and from the sources indicated tificated—
below. It is also available for inspec- (1) In the transport category;
tion at the National Archives and (2) Before July 1, 1970, in the normal
Records Administration (NARA). For category and meets special conditions
information on the availability of this issued by the Administrator for air-
material at NARA, call (202) 741–6030 or planes intended for use in operations
go to http://www.archives.gov/fed- under this part;
erallregister/ (3) Before July 19, 1970, in the normal
codeloflfederallregulations/ category and meets the additional air-
ibrllocations.html. worthiness standards in Special Fed-
(1) U.S. Department of Transpor- eral Aviation Regulation No. 23;
tation, Subsequent Distribution Office, (4) In the normal category and meets
DOT Warehouse M30, Ardmore East the additional airworthiness standards
Business Center, 3341 Q 75th Avenue, in appendix A;
spaschal on DSKJM0X7X2PROD with CFR

Landover, MD 20785; telephone (301) (5) In the normal category and com-
322–5377. Copies are also available on plies with section 1.(a) of Special Fed-
the FAA’s Web site. Use the following eral Aviation Regulation No. 41;

449

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§ 135.170 14 CFR Ch. I (1–1–21 Edition)

(6) In the normal category and com- supplemental type certificate issued in
plies with section 1.(b) of Special Fed- accordance with SFAR No. 41 for a
eral Aviation Regulation No. 41; maximum certificated takeoff weight
(7) In the commuter category; or in excess of 12,500 pounds unless within
(8) In the normal category, as a one year after issuance of the initial
multi-engine certification level 4 air- airworthiness certificate under that
plane as defined in part 23 of this chap- SFAR, the airplane meets the compart-
ter. ment interior requirements set forth in
(c) No person may operate a small § 25.853(a) in effect March 6, 1995 (for-
airplane with a passenger seating con- merly § 25.853 (a), (b), (b–1), (b–2), and
figuration, excluding any pilot seat, of (b–3) of this chapter in effect on Sep-
10 seats or more, with a seating con- tember 26, 1978).
figuration greater than the maximum (b) Except for commuter category
seating configuration used in that type airplanes and airplanes certificated
airplane in operations under this part under Special Federal Aviation Regula-
before August 19, 1977. This paragraph tion No. 41, no person may operate a
does not apply to— large airplane unless it meets the fol-
(1) An airplane that is type certifi- lowing additional airworthiness re-
cated in the transport category; or quirements:
(2) An airplane that complies with— (1) Except for those materials cov-
(i) Appendix A of this part provided ered by paragraph (b)(2) of this section,
that its passenger seating configura- all materials in each compartment
tion, excluding pilot seats, does not ex- used by the crewmembers or passengers
ceed 19 seats; or must meet the requirements of § 25.853
(ii) Special Federal Aviation Regula- of this chapter in effect as follows or
tion No. 41. later amendment thereto:
(d) Cargo or baggage compartments: (i) Except as provided in paragraph
(1) After March 20, 1991, each Class C (b)(1)(iv) of this section, each airplane
or D compartment, as defined in § 25.857 with a passenger capacity of 20 or more
of part 25 of this chapter, greater than and manufactured after August 19, 1988,
200 cubic feet in volume in a transport but prior to August 20, 1990, must com-
category airplane type certificated ply with the heat release rate testing
after January 1, 1958, must have ceiling
provisions of § 25.853(d) in effect March
and sidewall panels which are con-
6, 1995 (formerly § 25.853(a–1) in effect
structed of:
on August 20, 1986), except that the
(i) Glass fiber reinforced resin;
total heat release over the first 2 min-
(ii) Materials which meet the test re-
utes of sample exposure rate must not
quirements of part 25, appendix F, part
exceed 100 kilowatt minutes per square
III of this chapter; or
(iii) In the case of liner installations meter and the peak heat release rate
approved prior to March 20, 1989, alu- must not exceed 100 kilowatts per
minum. square meter.
(2) For compliance with this para- (ii) Each airplane with a passenger
graph, the term ‘‘liner’’ includes any capacity of 20 or more and manufac-
design feature, such as a joint or fas- tured after August 19, 1990, must com-
tener, which would affect the capa- ply with the heat release rate and
bility of the liner to safely contain a smoke testing provisions of § 25.853(d)
fire. in effect March 6, 1995 (formerly
§ 25.83(a–1) in effect on September 26,
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as 1988).
amended by Amdt. 135–2, 44 FR 53731, Sept. (iii) Except as provided in paragraph
17, 1979; Amdt. 135–21, 52 FR 1836, Jan. 15,
1987; 52 FR 34745, Sept. 14, 1987; Amdt. 135–31,
(b)(1) (v) or (vi) of this section, each
54 FR 7389, Feb. 17, 1989; Amdt. 135–55, 60 FR airplane for which the application for
6628, Feb. 2, 1995; Docket FAA–2015–1621, type certificate was filed prior to May
Amdt. 135–136, 81 FR 96701, Dec. 30, 2016] 1, 1972, must comply with the provi-
sions of § 25.853 in effect on April 30,
§ 135.170 Materials for compartment 1972, regardless of the passenger capac-
spaschal on DSKJM0X7X2PROD with CFR

interiors. ity, if there is a substantially complete


(a) No person may operate an air- replacement of the cabin interior after
plane that conforms to an amended or April 30, 1972.

450

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Federal Aviation Administration, DOT § 135.171

(iv) Except as provided in paragraph (formerly § 25.853(a–1) in effect on Au-


(b)(1) (v) or (vi) of this section, each gust 20, 1986), the steps being taken to
airplane for which the application for achieve compliance, and, for the few
type certificate was filed after May 1, components for which timely compli-
1972, must comply with the material ance will not be achieved, credible rea-
requirements under which the airplane sons for such noncompliance.
was type certificated regardless of the (viii) Contrary provisions of this sec-
passenger capacity if there is a sub- tion notwithstanding, galley carts and
stantially complete replacement of the standard galley containers that do not
cabin interior after that date. meet the flammability and smoke
(v) Except as provided in paragraph emission requirements of § 25.853(d) in
(b)(1)(vi) of this section, each airplane effect March 6, 1995 (formerly § 25.853(a–
that was type certificated after Janu- 1) in effect on August 20, 1986), may be
ary 1, 1958, must comply with the heat used in airplanes that must meet the
release testing provisions of § 25.853(d) requirements of paragraph (b)(1)(i),
in effect March 6, 1995 (formerly (b)(1)(ii), (b)(1)(iv) or (b)(1)(vi) of this
§ 25.853(a–1) in effect on August 20, 1986), section provided the galley carts or
if there is a substantially complete re- standard containers were manufac-
placement of the cabin interior compo- tured prior to March 6, 1995.
nents identified in that paragraph on (2) For airplanes type certificated
or after that date, except that the total after January 1, 1958, seat cushions, ex-
heat release over the first 2 minutes of cept those on flight crewmember seats,
sample exposure shall not exceed 100 in any compartment occupied by crew
kilowatt-minutes per square meter and or passengers must comply with the re-
the peak heat release rate shall not ex- quirements pertaining to fire protec-
ceed 100 kilowatts per square meter. tion of seat cushions in § 25.853(c) effec-
(vi) Each airplane that was type cer- tive November 26, 1984.
tificated after January 1, 1958, must (c) Thermal/acoustic insulation ma-
comply with the heat release rate and terials. For transport category air-
smoke testing provisions of § 25.853(d) planes type certificated after January
in effect March 6, 1995 (formerly 1, 1958:
§ 25.853(a–1) in effect on August 20, 1986), (1) For airplanes manufactured before
if there is a substantially complete re- September 2, 2005, when thermal/acous-
placement of the cabin interior compo- tic insulation is installed in the fuse-
nents identified in that paragraph after lage as replacements after September
August 19, 1990. 2, 2005, the insulation must meet the
(vii) Contrary provisions of this sec- flame propagation requirements of
tion notwithstanding, the Director of § 25.856 of this chapter, effective Sep-
the division of the Aircraft Certifi- tember 2, 2003, if it is:
cation Service responsible for the air- (i) Of a blanket construction, or
worthiness rules may authorize devi- (ii) Installed around air ducting.
ation from the requirements of para- (2) For airplanes manufactured after
graph (b)(1)(i), (b)(1)(ii), (b)(1)(v), or September 2, 2005, thermal/acoustic in-
(b)(1)(vi) of this section for specific sulation materials installed in the fu-
components of the cabin interior that selage must meet the flame propaga-
do not meet applicable flammability tion requirements of § 25.856 of this
and smoke emission requirements, if chapter, effective September 2, 2003.
the determination is made that special
[Doc. No. 26192, 60 FR 6628, Feb. 2, 1995; Amdt.
circumstances exist that make compli- 135–55, 60 FR 11194, Mar. 1, 1995; Amdt. 135–56,
ance impractical. Such grants of devi- 60 FR 13011, Mar. 9, 1995; Amdt. 135–90, 68 FR
ation will be limited to those airplanes 45084, July 31, 2003; Amdt. 135–103, 70 FR
manufactured within 1 year after the 77752, Dec. 30, 2005; Docket FAA–2018–0119,
applicable date specified in this section Amdt. 135–139, 83 FR 9175, Mar. 5, 2018]
and those airplanes in which the inte-
rior is replaced within 1 year of that § 135.171 Shoulder harness installation
date. A request for such grant of devi- at flight crewmember stations.
spaschal on DSKJM0X7X2PROD with CFR

ation must include a thorough and ac- (a) No person may operate a turbojet
curate analysis of each component sub- aircraft or an aircraft having a pas-
ject to § 25.853(d) in effect March 6, 1995 senger seating configuration, excluding

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§ 135.173 14 CFR Ch. I (1–1–21 Edition)

any pilot seat, of 10 seats or more un- specified for that event in the manual
less it is equipped with an approved required by § 135.21.
shoulder harness installed for each (e) This section does not apply to air-
flight crewmember station. craft used solely within the State of
(b) Each flight crewmember occu- Hawaii, within the State of Alaska,
pying a station equipped with a shoul- within that part of Canada west of lon-
der harness must fasten the shoulder gitude 130 degrees W, between latitude
harness during takeoff and landing, ex- 70 degrees N, and latitude 53 degrees N,
cept that the shoulder harness may be or during any training, test, or ferry
unfastened if the crewmember cannot flight.
perform the required duties with the (f) Without regard to any other provi-
shoulder harness fastened. sion of this part, an alternate elec-
§ 135.173 Airborne thunderstorm de- trical power supply is not required for
tection equipment requirements. airborne thunderstorm detection equip-
ment.
(a) No person may operate an aircraft
that has a passenger seating configura- [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
tion, excluding any pilot seat, of 10 amended by Amdt. 135–20, 51 FR 40710, Nov. 7,
seats or more in passenger-carrying op- 1986; Amdt. 135–60, 61 FR 2616, Jan. 26, 1996]
erations, except a helicopter operating
§ 135.175 Airborne weather radar
under day VFR conditions, unless the
equipment requirements.
aircraft is equipped with either ap-
proved thunderstorm detection equip- (a) No person may operate a large,
ment or approved airborne weather transport category aircraft in pas-
radar equipment. senger-carrying operations unless ap-
(b) No person may operate a heli- proved airborne weather radar equip-
copter that has a passenger seating ment is installed in the aircraft.
configuration, excluding any pilot seat, (b) No person may begin a flight
of 10 seats or more in passenger-car- under IFR or night VFR conditions
rying operations, under night VFR when current weather reports indicate
when current weather reports indicate that thunderstorms, or other poten-
that thunderstorms or other poten- tially hazardous weather conditions
tially hazardous weather conditions that can be detected with airborne
that can be detected with airborne weather radar equipment, may reason-
thunderstorm detection equipment ably be expected along the route to be
may reasonably be expected along the flown, unless the airborne weather
route to be flown, unless the helicopter radar equipment required by paragraph
is equipped with either approved thun- (a) of this section is in satisfactory op-
derstorm detection equipment or ap- erating condition.
proved airborne weather radar equip- (c) If the airborne weather radar
ment.
equipment becomes inoperative en
(c) No person may begin a flight route, the aircraft must be operated
under IFR or night VFR conditions
under the instructions and procedures
when current weather reports indicate
specified for that event in the manual
that thunderstorms or other poten-
required by § 135.21.
tially hazardous weather conditions
that can be detected with airborne (d) This section does not apply to air-
thunderstorm detection equipment, re- craft used solely within the State of
quired by paragraph (a) or (b) of this Hawaii, within the State of Alaska,
section, may reasonably be expected within that part of Canada west of lon-
along the route to be flown, unless the gitude 130 degrees W, between latitude
airborne thunderstorm detection equip- 70 degrees N, and latitude 53 degrees N,
ment is in satisfactory operating con- or during any training, test, or ferry
dition. flight.
(d) If the airborne thunderstorm de- (e) Without regard to any other pro-
spaschal on DSKJM0X7X2PROD with CFR

tection equipment becomes inoperative vision of this part, an alternate elec-


en route, the aircraft must be operated trical power supply is not required for
under the instructions and procedures airborne weather radar equipment.

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Federal Aviation Administration, DOT § 135.178

§ 135.177 Emergency equipment re- diate readiness to perform its intended


quirements for aircraft having a emergency purposes.
passenger seating configuration of [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
more than 19 passengers. amended by Amdt. 135–25, 53 FR 12362, Apr.
(a) No person may operate an aircraft 13, 1988; Amdt. 135–43, 57 FR 19245, May 4,
having a passenger seating configura- 1992; Amdt. 135–44, 57 FR 42676, Sept. 15, 1992;
Amdt. 135–47, 59 FR 1781, Jan. 12, 1994; Amdt.
tion, excluding any pilot seat, of more 135–53, 59 FR 52643, Oct. 18, 1994; 59 FR 55208,
than 19 seats unless it is equipped with Nov. 4, 1994; Amdt. 121–281, 66 FR 19045, Apr.
the following emergency equipment: 12, 2001]
(1) At least one approved first-aid kit
for treatment of injuries likely to § 135.178 Additional emergency equip-
ment.
occur in flight or in a minor accident
that must: No person may operate an airplane
(i) Be readily accessible to crew- having a passenger seating configura-
members. tion of more than 19 seats, unless it has
the additional emergency equipment
(ii) Be stored securely and kept free
specified in paragraphs (a) through (l)
from dust, moisture, and damaging of this section.
temperatures. (a) Means for emergency evacuation.
(iii) Contain at least the following Each passenger-carrying landplane
appropriately maintained contents in emergency exit (other than over-the-
the specified quantities: wing) that is more than 6 feet from the
ground, with the airplane on the
Contents Quantity
ground and the landing gear extended,
Adhesive bandage compresses, 1-inch ................. 16 must have an approved means to assist
Antiseptic swabs ..................................................... 20 the occupants in descending to the
Ammonia inhalants ................................................. 10 ground. The assisting means for a
Bandage compresses, 4-inch ................................. 8 floor-level emergency exit must meet
Triangular bandage compresses, 40-inch .............. 5
the requirements of § 25.809(f)(1) of this
Arm splint, noninflatable ......................................... 1
Leg splint, noninflatable .......................................... 1
chapter in effect on April 30, 1972, ex-
Roller bandage, 4-inch ........................................... 4 cept that, for any airplane for which
Adhesive tape, 1-inch standard roll ........................ 2 the application for the type certificate
Bandage scissors ................................................... 1 was filed after that date, it must meet
Protective nonpermeable gloves or equivalent ...... 1 pair the requirements under which the air-
plane was type certificated. An assist-
(2) A crash axe carried so as to be ac- ing means that deploys automatically
cessible to the crew but inaccessible to must be armed during taxiing, take-
passengers during normal operations. offs, and landings; however, the Admin-
(3) Signs that are visible to all occu- istrator may grant a deviation from
pants to notify them when smoking is the requirement of automatic deploy-
prohibited and when safety belts must ment if he finds that the design of the
be fastened. The signs must be con- exit makes compliance impractical, if
structed so that they can be turned on the assisting means automatically
during any movement of the aircraft erects upon deployment and, with re-
on the surface, for each takeoff or land- spect to required emergency exits, if an
emergency evacuation demonstration
ing, and at other times considered nec-
is conducted in accordance with
essary by the pilot in command. ‘‘No
§ 121.291(a) of this chapter. This para-
smoking’’ signs shall be turned on graph does not apply to the rear win-
when required by § 135.127. dow emergency exit of Douglas DC–3
(4) [Reserved] airplanes operated with fewer than 36
(b) Each item of equipment must be occupants, including crewmembers,
inspected regularly under inspection and fewer than five exits authorized for
periods established in the operations passenger use.
specifications to ensure its condition (b) Interior emergency exit marking.
for continued serviceability and imme- The following must be complied with
spaschal on DSKJM0X7X2PROD with CFR

for each passenger-carrying airplane:


(1) Each passenger emergency exit,
its means of access, and its means of

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§ 135.178 14 CFR Ch. I (1–1–21 Edition)

opening must be conspicuously (brightness) decreases to below 250


marked. The identity and locating of microlamberts.
each passenger emergency exit must be (c) Lighting for interior emergency exit
recognizable from a distance equal to markings. Each passenger-carrying air-
the width of the cabin. The location of plane must have an emergency lighting
each passenger emergency exit must be system, independent of the main light-
indicated by a sign visible to occupants ing system; however, sources of general
approaching along the main passenger cabin illumination may be common to
aisle. There must be a locating sign— both the emergency and the main
(i) Above the aisle near each over- lighting systems if the power supply to
the-wing passenger emergency exit, or the emergency lighting system is inde-
at another ceiling location if it is more pendent of the power supply to the
practical because of low headroom; main lighting system. The emergency
(ii) Next to each floor level passenger lighting system must—
emergency exit, except that one sign (1) Illuminate each passenger exit
may serve two such exits if they both marking and locating sign;
can be seen readily from that sign; and (2) Provide enough general lighting
(iii) On each bulkhead or divider that in the passenger cabin so that the aver-
prevents fore and aft vision along the age illumination when measured at 40-
passenger cabin, to indicate emergency inch intervals at seat armrest height,
on the centerline of the main passenger
exits beyond and obscured by it, except
aisle, is at least 0.05 foot-candles; and
that if this is not possible, the sign
(3) For airplanes type certificated
may be placed at another appropriate
after January 1, 1958, include floor
location.
proximity emergency escape path
(2) Each passenger emergency exit marking which meets the requirements
marking and each locating sign must of § 25.812(e) of this chapter in effect on
meet the following: November 26, 1984.
(i) For an airplane for which the ap- (d) Emergency light operation. Except
plication for the type certificate was for lights forming part of emergency
filed prior to May 1, 1972, each pas- lighting subsystems provided in com-
senger emergency exit marking and pliance with § 25.812(h) of this chapter
each locating sign must be manufac- (as prescribed in paragraph (h) of this
tured to meet the requirements of section) that serve no more than one
§ 25.812(b) of this chapter in effect on assist means, are independent of the
April 30, 1972. On these airplanes, no airplane’s main emergency lighting
sign may continue to be used if its lu- systems, and are automatically acti-
minescence (brightness) decreases to vated when the assist means is de-
below 100 microlamberts. The colors ployed, each light required by para-
may be reversed if it increases the graphs (c) and (h) of this section must:
emergency illumination of the pas- (1) Be operable manually both from
senger compartment. However, the Ad- the flightcrew station and from a point
ministrator may authorize deviation in the passenger compartment that is
from the 2-inch background require- readily accessible to a normal flight
ments if he finds that special cir- attendant seat;
cumstances exist that make compli- (2) Have a means to prevent inad-
ance impractical and that the proposed vertent operation of the manual con-
deviation provides an equivalent level trols;
of safety. (3) When armed or turned on at ei-
(ii) For an airplane for which the ap- ther station, remain lighted or become
plication for the type certificate was lighted upon interruption of the air-
filed on or after May 1, 1972, each pas- plane’s normal electric power;
senger emergency exit marking and (4) Be armed or turned on during tax-
each locating sign must be manufac- iing, takeoff, and landing. In showing
tured to meet the interior emergency compliance with this paragraph, a
exit marking requirements under transverse vertical separation of the
spaschal on DSKJM0X7X2PROD with CFR

which the airplane was type certifi- fuselage need not be considered;
cated. On these airplanes, no sign may (5) Provide the required level of illu-
continue to be used if its luminescence mination for at least 10 minutes at the

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Federal Aviation Administration, DOT § 135.178

critical ambient conditions after emer- airplane certificated under the provi-
gency landing; and sions of part 4b of the Civil Air Regula-
(6) Have a cockpit control device that tions in effect before December 20, 1951,
has an ‘‘on,’’ ‘‘off,’’ and ‘‘armed’’ posi- if he finds that special circumstances
tion. exist that provide an equivalent level
(e) Emergency exit operating handles. of safety.
(1) For a passenger-carrying airplane (3) There must be access from the
for which the application for the type main aisle to each Type III and Type
certificate was filed prior to May 1, IV exit. The access from the aisle to
1972, the location of each passenger these exits must not be obstructed by
emergency exit operating handle, and
seats, berths, or other protrusions in a
instructions for opening the exit, must
manner that would reduce the effec-
be shown by a marking on or near the
exit that is readable from a distance of tiveness of the exit. In addition, for a
30 inches. In addition, for each Type I transport category airplane type cer-
and Type II emergency exit with a tificated after January 1, 1958, there
locking mechanism released by rotary must be placards installed in accord-
motion of the handle, the instructions ance with § 25.813(c)(3) of this chapter
for opening must be shown by— for each Type III exit after December 3,
(i) A red arrow with a shaft at least 1992.
three-fourths inch wide and a head (4) If it is necessary to pass through
twice the width of the shaft, extending a passageway between passenger com-
along at least 70° of arc at a radius ap- partments to reach any required emer-
proximately equal to three-fourths of gency exit from any seat in the pas-
the handle length; and senger cabin, the passageway must not
(ii) The word ‘‘open’’ in red letters 1 be obstructed. Curtains may, however,
inch high placed horizontally near the be used if they allow free entry
head of the arrow. through the passageway.
(2) For a passenger-carrying airplane (5) No door may be installed in any
for which the application for the type partition between passenger compart-
certificate was filed on or after May 1, ments.
1972, the location of each passenger
(6) If it is necessary to pass through
emergency exit operating handle and
instructions for opening the exit must a doorway separating the passenger
be shown in accordance with the re- cabin from other areas to reach a re-
quirements under which the airplane quired emergency exit from any pas-
was type certificated. On these air- senger seat, the door must have a
planes, no operating handle or oper- means to latch it in the open position,
ating handle cover may continue to be and the door must be latched open dur-
used if its luminescence (brightness) ing each takeoff and landing. The
decreases to below 100 microlamberts. latching means must be able to with-
(f) Emergency exit access. Access to stand the loads imposed upon it when
emergency exits must be provided as the door is subjected to the ultimate
follows for each passenger-carrying air- inertia forces, relative to the sur-
plane: rounding structure, listed in § 25.561(b)
(1) Each passageway between indi- of this chapter.
vidual passenger areas, or leading to a (g) Exterior exit markings. Each pas-
Type I or Type II emergency exit, must senger emergency exit and the means
be unobstructed and at least 20 inches of opening that exit from the outside
wide. must be marked on the outside of the
(2) There must be enough space next airplane. There must be a 2-inch col-
to each Type I or Type II emergency ored band outlining each passenger
exit to allow a crewmember to assist in emergency exit on the side of the fuse-
the evacuation of passengers without
lage. Each outside marking, including
reducing the unobstructed width of the
the band, must be readily distinguish-
passageway below that required in
spaschal on DSKJM0X7X2PROD with CFR

paragraph (f)(1) of this section; how- able from the surrounding fuselage
ever, the Administrator may authorize area by contrast in color. The mark-
deviation from this requirement for an ings must comply with the following:

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§ 135.179 14 CFR Ch. I (1–1–21 Edition)

(1) If the reflectance of the darker that is 44 or more inches high and 20 or
color is 15 percent or less, the reflec- more inches wide, but not wider than
tance of the lighter color must be at 46 inches, each passenger ventral exit
least 45 percent. (except the ventral exits on Martin 404
(2) If the reflectance of the darker and Convair 240 airplanes), and each
color is greater than 15 percent, at tail cone exit, must meet the require-
least a 30 percent difference between ments of this section for floor level
its reflectance and the reflectance of emergency exits. However, the Admin-
the lighter color must be provided. istrator may grant a deviation from
(3) Exits that are not in the side of this paragraph if he finds that cir-
the fuselage must have the external cumstances make full compliance im-
means of opening and applicable in- practical and that an acceptable level
structions marked conspicuously in red of safety has been achieved.
or, if red is inconspicuous against the (j) Additional emergency exits. Ap-
background color, in bright chrome proved emergency exits in the pas-
yellow and, when the opening means senger compartments that are in ex-
for such an exit is located on only one cess of the minimum number of re-
side of the fuselage, a conspicuous quired emergency exits must meet all
marking to that effect must be pro- of the applicable provisions of this sec-
vided on the other side. ‘‘Reflectance’’ tion, except paragraphs (f) (1), (2), and
is the ratio of the luminous flux re- (3) of this section, and must be readily
flected by a body to the luminous flux accessible.
it receives. (k) On each large passenger-carrying
(h) Exterior emergency lighting and es- turbojet-powered airplane, each ven-
cape route. (1) Each passenger-carrying tral exit and tailcone exit must be—
airplane must be equipped with exte- (1) Designed and constructed so that
rior lighting that meets the following it cannot be opened during flight; and
requirements: (2) Marked with a placard readable
(i) For an airplane for which the ap- from a distance of 30 inches and in-
plication for the type certificate was stalled at a conspicuous location near
filed prior to May 1, 1972, the require- the means of opening the exit, stating
ments of § 25.812 (f) and (g) of this chap- that the exit has been designed and
ter in effect on April 30, 1972. constructed so that it cannot be opened
(ii) For an airplane for which the ap- during flight.
plication for the type certificate was (l) Portable lights. No person may op-
filed on or after May 1, 1972, the exte- erate a passenger-carrying airplane un-
rior emergency lighting requirements less it is equipped with flashlight stow-
under which the airplane was type cer- age provisions accessible from each
tificated. flight attendant seat.
(2) Each passenger-carrying airplane [Doc. No. 26530, 57 FR 19245, May 4, 1992; 57
must be equipped with a slip-resistant FR 29120, June 30, 1992, as amended at 57 FR
escape route that meets the following 34682, Aug. 6, 1992]
requirements:
(i) For an airplane for which the ap- § 135.179 Inoperable instruments and
plication for the type certificate was equipment.
filed prior to May 1, 1972, the require- (a) No person may take off an air-
ments of § 25.803(e) of this chapter in ef- craft with inoperable instruments or
fect on April 30, 1972. equipment installed unless the fol-
(ii) For an airplane for which the ap- lowing conditions are met:
plication for the type certificate was (1) An approved Minimum Equipment
filed on or after May 1, 1972, the slip-re- List exists for that aircraft.
sistant escape route requirements (2) The responsible Flight Standards
under which the airplane was type cer- office has issued the certificate holder
tificated. operations specifications authorizing
(i) Floor level exits. Each floor level operations in accordance with an ap-
door or exit in the side of the fuselage proved Minimum Equipment List. The
spaschal on DSKJM0X7X2PROD with CFR

(other than those leading into a cargo flight crew shall have direct access at
or baggage compartment that is not all times prior to flight to all of the in-
accessible from the passenger cabin) formation contained in the approved

456

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Federal Aviation Administration, DOT § 135.181

Minimum Equipment List through § 135.180 Traffic Alert and Collision


printed or other means approved by the Avoidance System.
Administrator in the certificate hold- (a) Unless otherwise authorized by
ers operations specifications. An ap- the Administrator, after December 31,
proved Minimum Equipment List, as 1995, no person may operate a turbine
authorized by the operations specifica- powered airplane that has a passenger
tions, constitutes an approved change seat configuration, excluding any pilot
to the type design without requiring seat, of 10 to 30 seats unless it is
recertification. equipped with an approved traffic alert
(3) The approved Minimum Equip- and collision avoidance system. If a
ment List must: TCAS II system is installed, it must be
(i) Be prepared in accordance with capable of coordinating with TCAS
the limitations specified in paragraph units that meet TSO C–119.
(b) The airplane flight manual re-
(b) of this section.
quired by § 135.21 of this part shall con-
(ii) Provide for the operation of the tain the following information on the
aircraft with certain instruments and TCAS I system required by this sec-
equipment in an inoperable condition. tion:
(4) Records identifying the inoperable (1) Appropriate procedures for—
instruments and equipment and the in- (i) The use of the equipment; and
formation required by (a)(3)(ii) of this (ii) Proper flightcrew action with re-
section must be available to the pilot. spect to the equipment operation.
(5) The aircraft is operated under all (2) An outline of all input sources
applicable conditions and limitations that must be operating for the TCAS to
contained in the Minimum Equipment function properly.
List and the operations specifications [Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as
authorizing use of the Minimum Equip- amended by Amdt. 135–54, 59 FR 67587, Dec.
ment List. 29, 1994]
(b) The following instruments and
§ 135.181 Performance requirements:
equipment may not be included in the Aircraft operated over-the-top or in
Minimum Equipment List: IFR conditions.
(1) Instruments and equipment that (a) Except as provided in paragraphs
are either specifically or otherwise re- (b) and (c) of this section, no person
quired by the airworthiness require- may—
ments under which the airplane is type (1) Operate a single-engine aircraft
certificated and which are essential for carrying passengers over-the-top; or
safe operations under all operating (2) Operate a multiengine aircraft
conditions. carrying passengers over-the-top or in
(2) Instruments and equipment re- IFR conditions at a weight that will
quired by an airworthiness directive to not allow it to climb, with the critical
be in operable condition unless the air- engine inoperative, at least 50 feet a
worthiness directive provides other- minute when operating at the MEAs of
wise. the route to be flown or 5,000 feet MSL,
(3) Instruments and equipment re- whichever is higher.
quired for specific operations by this (b) Notwithstanding the restrictions
part. in paragraph (a)(2) of this section, mul-
(c) Notwithstanding paragraphs (b)(1) tiengine helicopters carrying pas-
sengers offshore may conduct such op-
and (b)(3) of this section, an aircraft
erations in over-the-top or in IFR con-
with inoperable instruments or equip-
ditions at a weight that will allow the
ment may be operated under a special helicopter to climb at least 50 feet per
flight permit under §§ 21.197 and 21.199 minute with the critical engine inoper-
of this chapter. ative when operating at the MEA of
[Doc. No. 25780, 56 FR 12311, Mar. 22, 1991; 56 the route to be flown or 1,500 feet MSL,
FR 14920, Apr. 8, 1991, as amended by Amdt. whichever is higher.
spaschal on DSKJM0X7X2PROD with CFR

135–60, 61 FR 2616, Jan. 26, 1996; Amdt. 135–91, (c) Without regard to paragraph (a) of
68 FR 54586, Sept. 17, 2003; Docket FAA–2018– this section, if the latest weather re-
0119, Amdt. 135–139, 83 FR 9175, Mar. 5, 2018] ports or forecasts, or any combination

457

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§ 135.183 14 CFR Ch. I (1–1–21 Edition)

of them, indicate that the weather Subpart D—VFR/IFR Operating


along the planned route (including Limitations and Weather Re-
takeoff and landing) allows flight quirements
under VFR under the ceiling (if a ceil-
ing exists) and that the weather is fore- § 135.201 Applicability.
cast to remain so until at least 1 hour
This subpart prescribes the operating
after the estimated time of arrival at
limitations for VFR/IFR flight oper-
the destination, a person may operate
ations and associated weather require-
an aircraft over-the-top.
ments for operations under this part.
(d) Without regard to paragraph (a)
of this section, a person may operate § 135.203 VFR: Minimum altitudes.
an aircraft over-the-top under condi-
tions allowing— Except when necessary for takeoff
and landing, no person may operate
(1) For multiengine aircraft, descent
under VFR—
or continuance of the flight under VFR
(a) An airplane—
if its critical engine fails; or
(1) During the day, below 500 feet
(2) For single-engine aircraft, descent
above the surface or less than 500 feet
under VFR if its engine fails.
horizontally from any obstacle; or
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as (2) At night, at an altitude less than
amended by Amdt. 135–20, 51 FR 40710, Nov. 7, 1,000 feet above the highest obstacle
1986; Amdt. 135–70, 62 FR 42374, Aug. 6, 1997] within a horizontal distance of 5 miles
from the course intended to be flown
§ 135.183 Performance requirements: or, in designated mountainous terrain,
Land aircraft operated over water.
less than 2,000 feet above the highest
No person may operate a land air- obstacle within a horizontal distance of
craft carrying passengers over water 5 miles from the course intended to be
unless— flown; or
(a) It is operated at an altitude that (b) A helicopter over a congested area
allows it to reach land in the case of at an altitude less than 300 feet above
engine failure; the surface.
(b) It is necessary for takeoff or land-
ing; § 135.205 VFR: Visibility requirements.
(c) It is a multiengine aircraft oper- (a) No person may operate an air-
ated at a weight that will allow it to plane under VFR in uncontrolled air-
climb, with the critical engine inoper- space when the ceiling is less than 1,000
ative, at least 50 feet a minute, at an feet unless flight visibility is at least 2
altitude of 1,000 feet above the surface; miles.
or (b) No person may operate a heli-
(d) It is a helicopter equipped with copter under VFR in Class G airspace
helicopter flotation devices. at an altitude of 1,200 feet or less above
the surface or within the lateral bound-
§ 135.185 Empty weight and center of aries of the surface areas of Class B,
gravity: Currency requirement. Class C, Class D, or Class E airspace
(a) No person may operate a multien- designated for an airport unless the
gine aircraft unless the current empty visibility is at least—
weight and center of gravity are cal- (1) During the day—1⁄2 mile; or
culated from values established by ac- (2) At night—1 mile.
tual weighing of the aircraft within the [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
preceding 36 calendar months. amended by Amdt. 135–41, 56 FR 65663, Dec.
(b) Paragraph (a) of this section does 17, 1991]
not apply to—
(1) Aircraft issued an original air- § 135.207 VFR: Helicopter surface ref-
worthiness certificate within the pre- erence requirements.
ceding 36 calendar months; and No person may operate a helicopter
(2) Aircraft operated under a weight under VFR unless that person has vis-
spaschal on DSKJM0X7X2PROD with CFR

and balance system approved in the op- ual surface reference or, at night, vis-
erations specifications of the certifi- ual surface light reference, sufficient
cate holder. to safely control the helicopter.

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Federal Aviation Administration, DOT § 135.215

§ 135.209 VFR: Fuel supply. person shall use that of the U.S. Na-
(a) No person may begin a flight op- tional Weather Service, a source ap-
eration in an airplane under VFR un- proved by the U.S. National Weather
less, considering wind and forecast Service, or a source approved by the
weather conditions, it has enough fuel Administrator. However, for operations
to fly to the first point of intended under VFR, the pilot in command may,
landing and, assuming normal cruising if such a report is not available, use
fuel consumption— weather information based on that pi-
(1) During the day, to fly after that lot’s own observations or on those of
for at least 30 minutes; or other persons competent to supply ap-
(2) At night, to fly after that for at propriate observations.
least 45 minutes. (b) For the purposes of paragraph (a)
(b) No person may begin a flight op- of this section, weather observations
eration in a helicopter under VFR un- made and furnished to pilots to con-
less, considering wind and forecast duct IFR operations at an airport must
weather conditions, it has enough fuel be taken at the airport where those
to fly to the first point of intended IFR operations are conducted, unless
landing and, assuming normal cruising the Administrator issues operations
fuel consumption, to fly after that for specifications allowing the use of
at least 20 minutes.
weather observations taken at a loca-
§ 135.211 VFR: Over-the-top carrying tion not at the airport where the IFR
passengers: Operating limitations. operations are conducted. The Admin-
Subject to any additional limitations istrator issues such operations speci-
in § 135.181, no person may operate an fications when, after investigation by
aircraft under VFR over-the-top car- the U.S. National Weather Service and
rying passengers, unless— the responsible Flight Standards office,
(a) Weather reports or forecasts, or it is found that the standards of safety
any combination of them, indicate that for that operation would allow the de-
the weather at the intended point of viation from this paragraph for a par-
termination of over-the-top flight— ticular operation for which an air car-
(1) Allows descent to beneath the rier operating certificate or operating
ceiling under VFR and is forecast to re- certificate has been issued.
main so until at least 1 hour after the [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
estimated time of arrival at that point; amended by Amdt. 135–60, 61 FR 2616, Jan. 26,
or 1996; Docket FAA–2018–0119, Amdt. 135–139, 83
(2) Allows an IFR approach and land- FR 9175, Mar. 5, 2018]
ing with flight clear of the clouds until
reaching the prescribed initial ap- § 135.215 IFR: Operating limitations.
proach altitude over the final approach
(a) Except as provided in paragraphs
facility, unless the approach is made
with the use of radar under § 91.175(i) of (b), (c) and (d) of this section, no person
this chapter; or may operate an aircraft under IFR out-
(b) It is operated under conditions al- side of controlled airspace or at any
lowing— airport that does not have an approved
(1) For multiengine aircraft, descent standard instrument approach proce-
or continuation of the flight under dure.
VFR if its critical engine fails; or (b) The Administrator may issue op-
(2) For single-engine aircraft, descent erations specifications to the certifi-
under VFR if its engine fails. cate holder to allow it to operate under
IFR over routes outside controlled air-
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
amended by Amdt. 135–32, 54 FR 34332, Aug. space if—
18, 1989; 73 FR 20164, Apr. 15, 2008] (1) The certificate holder shows the
Administrator that the flight crew is
§ 135.213 Weather reports and fore- able to navigate, without visual ref-
casts. erence to the ground, over an intended
spaschal on DSKJM0X7X2PROD with CFR

(a) Whenever a person operating an track without deviating more than 5


aircraft under this part is required to degrees or 5 miles, whichever is less,
use a weather report or forecast, that from that track; and

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§ 135.217 14 CFR Ch. I (1–1–21 Edition)

(2) The Administrator determines port unless the weather reports or fore-
that the proposed operations can be casts, or any combination of them, in-
conducted safely. dicate that the weather conditions will
(c) A person may operate an aircraft be at or above authorized alternate air-
under IFR outside of controlled air- port landing minimums for that air-
space if the certificate holder has been port at the estimated time of arrival.
approved for the operations and that (b) Rotorcraft. Unless otherwise au-
operation is necessary to— thorized by the Administrator, no per-
(1) Conduct an instrument approach son may include an alternate airport in
to an airport for which there is in use an IFR flight plan unless appropriate
a current approved standard or special weather reports or weather forecasts,
instrument approach procedure; or or a combination of them, indicate
(2) Climb into controlled airspace that, at the estimated time of arrival
during an approved missed approach at the alternate airport, the ceiling
procedure; or and visibility at that airport will be at
(3) Make an IFR departure from an or above the following weather mini-
airport having an approved instrument mums—
approach procedure. (1) If, for the alternate airport, an in-
(d) The Administrator may issue op- strument approach procedure has been
erations specifications to the certifi- published in part 97 of this chapter or
cate holder to allow it to depart at an a special instrument approach proce-
airport that does not have an approved dure has been issued by the FAA to the
standard instrument approach proce- certificate holder, the ceiling is 200 feet
dure when the Administrator deter- above the minimum for the approach
mines that it is necessary to make an to be flown, and visibility is at least 1
IFR departure from that airport and statute mile but never less than the
that the proposed operations can be minimum visibility for the approach to
conducted safely. The approval to oper- be flown.
ate at that airport does not include an (2) If, for the alternate airport, no in-
approval to make an IFR approach to strument approach procedure has been
that airport. published in part 97 of this chapter and
no special instrument approach proce-
§ 135.217 IFR: Takeoff limitations. dure has been issued by the FAA to the
No person may takeoff an aircraft certificate holder, the ceiling and visi-
under IFR from an airport where bility minimums are those allowing de-
weather conditions are at or above scent from the minimum enroute alti-
takeoff minimums but are below au- tude (MEA), approach, and landing
thorized IFR landing minimums unless under basic VFR.
there is an alternate airport within 1 [Doc. No. FAA–2010–0982, 79 FR 9974, Feb. 21,
hour’s flying time (at normal cruising 2014]
speed, in still air) of the airport of de-
parture. § 135.223 IFR: Alternate airport re-
quirements.
§ 135.219 IFR: Destination airport (a) Except as provided in paragraph
weather minimums. (b) of this section, no person may oper-
No person may take off an aircraft ate an aircraft in IFR conditions unless
under IFR or begin an IFR or over-the- it carries enough fuel (considering
top operation unless the latest weather weather reports or forecasts or any
reports or forecasts, or any combina- combination of them) to—
tion of them, indicate that weather (1) Complete the flight to the first
conditions at the estimated time of ar- airport of intended landing;
rival at the next airport of intended (2) Fly from that airport to the alter-
landing will be at or above authorized nate airport; and
IFR landing minimums. (3) Fly after that for 45 minutes at
normal cruising speed or, for heli-
§ 135.221 IFR: Alternate airport weath- copters, fly after that for 30 minutes at
spaschal on DSKJM0X7X2PROD with CFR

er minimums. normal cruising speed.


(a) Aircraft other than rotorcraft. No (b) Paragraph (a)(2) of this section
person may designate an alternate air- does not apply if part 97 of this chapter

460

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Federal Aviation Administration, DOT § 135.225

prescribes a standard instrument ap- (2) The latest weather report issued
proach procedure for the first airport by the weather reporting facility in-
of intended landing and, for at least cludes a current local altimeter setting
one hour before and after the estimated for the destination airport. If no local
time of arrival, the appropriate weath- altimeter setting for the destination
er reports or forecasts, or any combina- airport is available, the pilot may use
tion of them, indicate that— the current altimeter setting provided
(1) The ceiling will be at least 1,500 by the facility designated on the ap-
feet above the lowest circling approach proach chart for the destination air-
MDA; or port.
(2) If a circling instrument approach (c) Except as provided in paragraph
is not authorized for the airport, the (j) of this section, no pilot may begin
ceiling will be at least 1,500 feet above the final approach segment of an in-
the lowest published minimum or 2,000 strument approach procedure to an air-
feet above the airport elevation, which- port unless the latest weather reported
ever is higher; and by the facility described in paragraph
(3) Visibility for that airport is fore- (a)(1) of this section indicates that
cast to be at least three miles, or two weather conditions are at or above the
miles more than the lowest applicable authorized IFR landing minimums for
visibility minimums, whichever is the that procedure.
greater, for the instrument approach (d) Except as provided in paragraph
procedure to be used at the destination (j) of this section, a pilot who has
airport. begun the final approach segment of an
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as instrument approach to an airport
amended by Amdt. 135–20, 51 FR 40710, Nov. 7, under paragraph (c) of this section, and
1986] receives a later weather report indi-
cating that conditions have worsened
§ 135.225 IFR: Takeoff, approach and to below the minimum requirements,
landing minimums. may continue the approach only if the
(a) Except to the extent permitted by following conditions are met—
paragraphs (b) and (j) of this section, (1) The later weather report is re-
no pilot may begin an instrument ap- ceived when the aircraft is in one of
proach procedure to an airport unless— the following approach phases:
(1) That airport has a weather report- (i) The aircraft is on an ILS final ap-
ing facility operated by the U.S. Na- proach and has passed the final ap-
tional Weather Service, a source ap- proach fix;
proved by U.S. National Weather Serv- (ii) The aircraft is on an ASR or PAR
ice, or a source approved by the Admin- final approach and has been turned
istrator; and over to the final approach controller;
(2) The latest weather report issued or
by that weather reporting facility indi- (iii) The aircraft is on a non-preci-
cates that weather conditions are at or sion final approach and the aircraft—
above the authorized IFR landing mini- (A) Has passed the appropriate facil-
mums for that airport. ity or final approach fix; or
(b) A pilot conducting an eligible on- (B) Where a final approach fix is not
demand operation may begin and con- specified, has completed the procedure
duct an instrument approach procedure turn and is established inbound toward
to an airport that does not have a the airport on the final approach
weather reporting facility operated by course within the distance prescribed
the U.S. National Weather Service, a in the procedure; and
source approved by the U.S. National (2) The pilot in command finds, on
Weather Service, or a source approved reaching the authorized MDA or DA/
by the Administrator if— DH, that the actual weather conditions
(1) The alternate airport has a weath- are at or above the minimums pre-
er reporting facility operated by the scribed for the procedure being used.
U.S. National Weather Service, a (e) The MDA or DA/DH and visibility
spaschal on DSKJM0X7X2PROD with CFR

source approved by the U.S. National landing minimums prescribed in part 97


Weather Service, or a source approved of this chapter or in the operator’s op-
by the Administrator; and erations specifications are increased by

461

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§ 135.227 14 CFR Ch. I (1–1–21 Edition)

100 feet and 1⁄2 mile respectively, but predicated and the related airborne
not to exceed the ceiling and visibility equipment are in normal operation;
minimums for that airport when used and
as an alternate airport, for each pilot (3) The certificate holder has been
in command of a turbine-powered air- approved for such operations.
plane who has not served at least 100 (j) A pilot may begin an instrument
hours as pilot in command in that type approach procedure, or continue an ap-
of airplane. proach, at an airport when the visi-
(f) Each pilot making an IFR takeoff bility is reported to be less than the
or approach and landing at a military visibility minimums prescribed for
or foreign airport shall comply with that procedure if the pilot uses an op-
applicable instrument approach proce- erable EFVS in accordance with § 91.176
dures and weather minimums pre- of this chapter and the certificate hold-
scribed by the authority having juris- er’s operations specifications for EFVS
diction over that airport. In addition, operations.
unless authorized by the certificate
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
holder’s operations specifications, no amended by Amdt. 135–91, 68 FR 54586, Sept.
pilot may, at that airport— 17, 2003; Amdt. 135–93, 69 FR 1641, Jan. 9, 2004;
(1) Take off under IFR when the visi- Amdt. 135–110, 72 FR 31685, June 7, 2007;
bility is less than 1 mile; or Amdt. 135–126, 77 FR 1632, Jan. 11, 2012; Dock-
(2) Make an instrument approach et FAA–2013–0485, Amdt. 135–135, 81 FR 90177,
when the visibility is less than 1⁄2 mile. Dec. 13, 2016]
(g) If takeoff minimums are specified
in part 97 of this chapter for the take- § 135.227 Icing conditions: Operating
limitations.
off airport, no pilot may take off an
aircraft under IFR when the weather (a) No pilot may take off an aircraft
conditions reported by the facility de- that has frost, ice, or snow adhering to
scribed in paragraph (a)(1) of this sec- any rotor blade, propeller, windshield,
tion are less than the takeoff mini- stabilizing or control surface; to a pow-
mums specified for the takeoff airport erplant installation; or to an airspeed,
in part 97 or in the certificate holder’s altimeter, rate of climb, flight attitude
operations specifications. instrument system, or wing, except
(h) Except as provided in paragraph that takeoffs may be made with frost
(i) of this section, if takeoff minimums under the wing in the area of the fuel
are not prescribed in part 97 of this tanks if authorized by the FAA.
chapter for the takeoff airport, no pilot (b) No certificate holder may author-
may takeoff an aircraft under IFR ize an airplane to take off and no pilot
when the weather conditions reported may take off an airplane any time con-
by the facility described in paragraph ditions are such that frost, ice, or snow
(a)(1) of this section are less than that may reasonably be expected to adhere
prescribed in part 91 of this chapter or to the airplane unless the pilot has
in the certificate holder’s operations completed all applicable training as re-
specifications. quired by § 135.341 and unless one of the
(i) At airports where straight-in in- following requirements is met:
strument approach procedures are au- (1) A pretakeoff contamination
thorized, a pilot may takeoff an air- check, that has been established by the
craft under IFR when the weather con- certificate holder and approved by the
ditions reported by the facility de- Administrator for the specific airplane
scribed in paragraph (a)(1) of this sec- type, has been completed within 5 min-
tion are equal to or better than the utes prior to beginning takeoff. A pre-
lowest straight-in landing minimums, takeoff contamination check is a check
unless otherwise restricted, if— to make sure the wings and control
(1) The wind direction and velocity at surfaces are free of frost, ice, or snow.
the time of takeoff are such that a (2) The certificate holder has an ap-
straight-in instrument approach can be proved alternative procedure and under
made to the runway served by the in- that procedure the airplane is deter-
spaschal on DSKJM0X7X2PROD with CFR

strument approach; mined to be free of frost, ice, or snow.


(2) The associated ground facilities (3) The certificate holder has an ap-
upon which the landing minimums are proved deicing/anti-icing program that

462

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Federal Aviation Administration, DOT § 135.243

complies with § 121.629(c) of this chap- (b) No pilot of an aircraft carrying


ter and the takeoff complies with that passengers at night may takeoff from,
program. or land on, an airport unless—
(c) No pilot may fly under IFR into (1) That pilot has determined the
known or forecast light or moderate wind direction from an illuminated
icing conditions or under VFR into wind direction indicator or local
known light or moderate icing condi- ground communications or, in the case
tions, unless— of takeoff, that pilot’s personal obser-
(1) The aircraft has functioning deic- vations; and
ing or anti-icing equipment protecting (2) The limits of the area to be used
each rotor blade, propeller, windshield, for landing or takeoff are clearly
wing, stabilizing or control surface, shown—
and each airspeed, altimeter, rate of (i) For airplanes, by boundary or run-
climb, or flight attitude instrument way marker lights;
system; (ii) For helicopters, by boundary or
(2) The airplane has ice protection runway marker lights or reflective ma-
provisions that meet section 34 of ap- terial.
pendix A of this part; or (c) For the purpose of paragraph (b)
(3) The airplane meets transport cat- of this section, if the area to be used
egory airplane type certification provi- for takeoff or landing is marked by
sions, including the requirements for flare pots or lanterns, their use must
certification for flight in icing condi- be approved by the Administrator.
tions.
(d) No pilot may fly a helicopter Subpart E—Flight Crewmember
under IFR into known or forecast icing Requirements
conditions or under VFR into known
icing conditions unless it has been type § 135.241 Applicability.
certificated and appropriately equipped Except as provided in § 135.3, this sub-
for operations in icing conditions. part prescribes the flight crewmember
(e) Except for an airplane that has requirements for operations under this
ice protection provisions that meet part.
section 34 of appendix A, or those for
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
transport category airplane type cer- amended by Amdt. 121–250, 60 FR 65950, Dec.
tification, no pilot may fly an aircraft 20, 1995]
into known or forecast severe icing
conditions. § 135.243 Pilot in command qualifica-
(f) If current weather reports and tions.
briefing information relied upon by the (a) No certificate holder may use a
pilot in command indicate that the person, nor may any person serve, as
forecast icing condition that would pilot in command in passenger-car-
otherwise prohibit the flight will not rying operations—
be encountered during the flight be- (1) Of a turbojet airplane, of an air-
cause of changed weather conditions plane having a passenger-seat configu-
since the forecast, the restrictions in ration, excluding each crewmember
paragraphs (c), (d), and (e) of this sec- seat, of 10 seats or more, or of a multi-
tion based on forecast conditions do engine airplane in a commuter oper-
not apply. ation as defined in part 119 of this
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as chapter, unless that person holds an
amended by Amdt. 133–20, 51 FR 40710, Nov. 7, airline transport pilot certificate with
1986; Amdt. 135–46, 58 FR 69629, Dec. 30, 1993; appropriate category and class ratings
Amdt. 135–60, 61 FR 2616, Jan. 26, 1996; Amdt. and, if required, an appropriate type
135–119, 74 FR 62696, Dec. 1, 2009] rating for that airplane.
(2) Of a helicopter in a scheduled
§ 135.229 Airport requirements. interstate air transportation operation
(a) No certificate holder may use any by an air carrier within the 48 contig-
airport unless it is adequate for the uous states unless that person holds an
spaschal on DSKJM0X7X2PROD with CFR

proposed operation, considering such airline transport pilot certificate, ap-


items as size, surface, obstructions, propriate type ratings, and an instru-
and lighting. ment rating.

463

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§ 135.243 14 CFR Ch. I (1–1–21 Edition)

(b) Except as provided in paragraph between which the round trips are per-
(a) of this section, no certificate holder formed, and does not transport mail by
may use a person, nor may any person air under a contract or contracts with
serve, as pilot in command of an air- the United States Postal Service hav-
craft under VFR unless that person— ing total amount estimated at the be-
(1) Holds at least a commercial pilot ginning of any semiannual reporting
certificate with appropriate category period (January 1–June 30; July 1–De-
and class ratings and, if required, an cember 31) to be in excess of $20,000
appropriate type rating for that air- over the 12 months commencing with
craft; and the beginning of the reporting period;
(2) Has had at least 500 hours time as
(3) The area, as specified in the cer-
a pilot, including at least 100 hours of
tificate holder’s operations specifica-
cross-country flight time, at least 25
hours of which were at night; and tions, is an isolated area, as deter-
(3) For an airplane, holds an instru- mined by the Flight Standards office, if
ment rating or an airline transport it is shown that—
pilot certificate with an airplane cat- (i) The primary means of navigation
egory rating; or in the area is by pilotage, since radio
(4) For helicopter operations con- navigational aids are largely ineffec-
ducted VFR over-the-top, holds a heli- tive; and
copter instrument rating, or an airline (ii) The primary means of transpor-
transport pilot certificate with a cat- tation in the area is by air;
egory and class rating for that aircraft, (4) Each flight is conducted under
not limited to VFR. day VFR with a ceiling of not less than
(c) Except as provided in paragraph 1,000 feet and visibility not less than 3
(a) of this section, no certificate holder statute miles;
may use a person, nor may any person (5) Weather reports or forecasts, or
serve, as pilot in command of an air- any combination of them, indicate that
craft under IFR unless that person— for the period commencing with the
(1) Holds at least a commercial pilot
planned departure and ending 30 min-
certificate with appropriate category
utes after the planned arrival at the
and class ratings and, if required, an
appropriate type rating for that air- destination the flight may be con-
craft; and ducted under VFR with a ceiling of not
(2) Has had at least 1,200 hours of less than 1,000 feet and visibility of not
flight time as a pilot, including 500 less than 3 statute miles, except that if
hours of cross country flight time, 100 weather reports and forecasts are not
hours of night flight time, and 75 hours available, the pilot in command may
of actual or simulated instrument time use that pilot’s observations or those
at least 50 hours of which were in ac- of other persons competent to supply
tual flight; and weather observations if those observa-
(3) For an airplane, holds an instru- tions indicate the flight may be con-
ment rating or an airline transport ducted under VFR with the ceiling and
pilot certificate with an airplane cat- visibility required in this paragraph;
egory rating; or (6) The distance of each flight from
(4) For a helicopter, holds a heli- the certificate holder’s base of oper-
copter instrument rating, or an airline ation to destination does not exceed 250
transport pilot certificate with a cat- nautical miles for a pilot who holds a
egory and class rating for that aircraft, commercial pilot certificate with an
not limited to VFR. airplane rating without an instrument
(d) Paragraph (b)(3) of this section rating, provided the pilot’s certificate
does not apply when— does not contain any limitation to the
(1) The aircraft used is a single recip-
contrary; and
rocating-engine-powered airplane;
(2) The certificate holder does not
conduct any operation pursuant to a
spaschal on DSKJM0X7X2PROD with CFR

published flight schedule which speci-


fies five or more round trips a week be-
tween two or more points and places

464

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Federal Aviation Administration, DOT § 135.245

(7) The areas to be flown are ap- cent of the hours required by this sec-
proved by the responsible Flight Stand- tion by the substitution of one addi-
ards office and are listed in the certifi- tional takeoff and landing for each
cate holder’s operations specifications. hour of flight.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978; [Doc. No. 20011, 45 FR 7541, Feb. 4, 1980, as
Amdt. 135–1, 43 FR 49975, Oct. 26, 1978, as amended by Amdt. 135–9, 45 FR 80461, Dec. 14,
amended by Amdt. 135–15, 46 FR 30971, June 1980; Amdt. 135–58, 60 FR 65940, Dec. 20, 1995]
11, 1981; Amdt. 135–58, 60 FR 65939, Dec. 20,
1995; Docket FAA–2018–0119, Amdt. 135–139, 83 § 135.245 Second in command quali-
FR 9175, Mar. 5, 2018] fications.
(a) Except as provided in paragraph
§ 135.244 Operating experience.
(b) of this section, no certificate holder
(a) No certificate holder may use any may use any person, nor may any per-
person, nor may any person serve, as a son serve, as second in command of an
pilot in command of an aircraft oper- aircraft unless that person holds at
ated in a commuter operation, as de- least a commercial pilot certificate
fined in part 119 of this chapter unless with appropriate category and class
that person has completed, prior to ratings and an instrument rating.
designation as pilot in command, on (b) A second in command of a heli-
that make and basic model aircraft and copter operated under VFR, other than
in that crewmember position, the fol- over-the-top, must have at least a com-
lowing operating experience in each mercial pilot certificate with an appro-
make and basic model of aircraft to be priate aircraft category and class rat-
flown: ing.
(1) Aircraft, single engine—10 hours. (c) No certificate holder may use any
(2) Aircraft multiengine, recipro- person, nor may any person serve, as
cating engine-powered—15 hours. second in command under IFR unless
(3) Aircraft multiengine, turbine en- that person meets the following instru-
gine-powered—20 hours. ment experience requirements:
(4) Airplane, turbojet-powered—25 (1) Use of an airplane or helicopter for
hours. maintaining instrument experience. With-
(b) In acquiring the operating experi- in the 6 calendar months preceding the
ence, each person must comply with month of the flight, that person per-
the following: formed and logged at least the fol-
(1) The operating experience must be lowing tasks and iterations in-flight in
acquired after satisfactory completion an airplane or helicopter, as appro-
of the appropriate ground and flight priate, in actual weather conditions, or
training for the aircraft and crew- under simulated instrument conditions
member position. Approved provisions using a view-limiting device:
for the operating experience must be (i) Six instrument approaches;
included in the certificate holder’s (ii) Holding procedures and tasks;
training program. and
(2) The experience must be acquired (iii) Intercepting and tracking
in flight during commuter passenger- courses through the use of navigational
carrying operations under this part. electronic systems.
However, in the case of an aircraft not (2) Use of an FSTD for maintaining in-
previously used by the certificate hold- strument experience. A person may ac-
er in operations under this part, oper- complish the requirements in para-
ating experience acquired in the air- graph (c)(1) of this section in an ap-
craft during proving flights or ferry proved FSTD, or a combination of air-
flights may be used to meet this re- craft and FSTD, provided:
quirement. (i) The FSTD represents the category
(3) Each person must acquire the op- of aircraft for the instrument rating
erating experience while performing privileges to be maintained;
the duties of a pilot in command under (ii) The person performs the tasks
the supervision of a qualified check and iterations in simulated instrument
spaschal on DSKJM0X7X2PROD with CFR

pilot. conditions; and


(4) The hours of operating experience (iii) A flight instructor qualified
may be reduced to not less than 50 per- under § 135.338 or a check pilot qualified

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§ 135.247 14 CFR Ch. I (1–1–21 Edition)

under § 135.337 observes the tasks and of a turbine-powered airplane that is


iterations and signs the person’s log- type certificated for more than one
book or training record to verify the pilot crewmember, provided that pilot
time and content of the session. has complied with the requirements of
(d) A second in command who has paragraph (a)(3)(i) or (ii) of this sec-
failed to meet the instrument experi- tion:
ence requirements of paragraph (c) of (i) The pilot in command must hold
this section for more than six calendar at least a commercial pilot certificate
months must reestablish instrument with the appropriate category, class,
recency under the supervision of a and type rating for each airplane that
flight instructor qualified under is type certificated for more than one
§ 135.338 or a check pilot qualified under pilot crewmember that the pilot seeks
§ 135.337. To reestablish instrument to operate under this alternative, and:
recency, a second in command must (A) That pilot must have logged at
complete at least the following areas of least 1,500 hours of aeronautical experi-
operation required for the instrument ence as a pilot;
rating practical test in an aircraft or (B) In each airplane that is type cer-
FSTD that represents the category of tificated for more than one pilot crew-
aircraft for the instrument experience member that the pilot seeks to operate
requirements to be reestablished: under this alternative, that pilot must
(1) Air traffic control clearances and have accomplished and logged the day-
procedures; time takeoff and landing recent flight
(2) Flight by reference to instru- experience of paragraph (a) of this sec-
ments; tion, as the sole manipulator of the
(3) Navigation systems; flight controls;
(4) Instrument approach procedures; (C) Within the preceding 90 days prior
(5) Emergency operations; and to the operation of that airplane that
(6) Postflight procedures. is type certificated for more than one
[44 FR 26738, May 7, 1979, as amended by Doc. pilot crewmember, the pilot must have
No. FAA–2016–6142, 83 FR 30283, June 27, 2018] accomplished and logged at least 15
hours of flight time in the type of air-
§ 135.247 Pilot qualifications: Recent plane that the pilot seeks to operate
experience.
under this alternative; and
(a) No certificate holder may use any (D) That pilot has accomplished and
person, nor may any person serve, as logged at least 3 takeoffs and 3 land-
pilot in command of an aircraft car- ings to a full stop, as the sole manipu-
rying passengers unless, within the lator of the flight controls, in a tur-
preceding 90 days, that person has— bine-powered airplane that requires
(1) Made three takeoffs and three more than one pilot crewmember. The
landings as the sole manipulator of the pilot must have performed the takeoffs
flight controls in an aircraft of the and landings during the period begin-
same category and class and, if a type ning 1 hour after sunset and ending 1
rating is required, of the same type in hour before sunrise within the pre-
which that person is to serve; or ceding 6 months prior to the month of
(2) For operation during the period the flight.
beginning 1 hour after sunset and end- (ii) The pilot in command must hold
ing 1 hour before sunrise (as published at least a commercial pilot certificate
in the Air Almanac), made three take- with the appropriate category, class,
offs and three landings during that pe- and type rating for each airplane that
riod as the sole manipulator of the is type certificated for more than one
flight controls in an aircraft of the pilot crewmember that the pilot seeks
same category and class and, if a type to operate under this alternative, and:
rating is required, of the same type in (A) That pilot must have logged at
which that person is to serve. least 1,500 hours of aeronautical experi-
A person who complies with paragraph ence as a pilot;
(a)(2) of this section need not comply (B) In each airplane that is type cer-
spaschal on DSKJM0X7X2PROD with CFR

with paragraph (a)(1) of this section. tificated for more than one pilot crew-
(3) Paragraph (a)(2) of this section member that the pilot seeks to operate
does not apply to a pilot in command under this alternative, that pilot must

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Federal Aviation Administration, DOT § 135.263

have accomplished and logged the day- (1) Scheduled passenger-carrying op-
time takeoff and landing recent flight erations except those conducted solely
experience of paragraph (a) of this sec- within the state of Alaska. ‘‘Scheduled
tion, as the sole manipulator of the passenger-carrying operations’’ means
flight controls; passenger-carrying operations that are
(C) Within the preceding 90 days prior conducted in accordance with a pub-
to the operation of that airplane that lished schedule which covers at least
is type certificated for more than one five round trips per week on at least
pilot crewmember, the pilot must have one route between two or more points,
accomplished and logged at least 15 includes dates or times (or both), and is
hours of flight time in the type of air- openly advertised or otherwise made
plane that the pilot seeks to operate readily available to the general public,
under this alternative; and and
(D) Within the preceding 12 months (2) Any other operation under this
prior to the month of the flight, the part, if the operator elects to comply
pilot must have completed a training with § 135.265 and obtains an appro-
program that is approved under part priate operations specification amend-
142 of this chapter. The approved train- ment.
ing program must have required and (c) Sections 135.267 and 135.269 apply
the pilot must have performed, at least to any operation that is not a sched-
6 takeoffs and 6 landings to a full stop uled passenger-carrying operation and
as the sole manipulator of the controls to any operation conducted solely
in a flight simulator that is representa- within the State of Alaska, unless the
tive of a turbine-powered airplane that operator elects to comply with § 135.265
requires more than one pilot crew- as authorized under paragraph (b)(2) of
member. The flight simulator’s visual this section.
system must have been adjusted to rep- (d) Section 135.271 contains special
resent the period beginning 1 hour daily flight time limits for operations
after sunset and ending 1 hour before conducted under the helicopter emer-
sunrise. gency medical evacuation service
(b) For the purpose of paragraph (a) (HEMES).
of this section, if the aircraft is a tail- (e) Section 135.273 prescribes duty pe-
wheel airplane, each takeoff must be riod limitations and rest requirements
made in a tailwheel airplane and each for flight attendants in all operations
landing must be made to a full stop in conducted under this part.
a tailwheel airplane.
[Doc. No. 23634, 50 FR 29320, July 18, 1985, as
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135–52, 59 FR 42993, Aug.
amended by Amdt. 135–91, 68 FR 54587, Sept. 19, 1994]
17, 2003]
§ 135.263 Flight time limitations and
§§ 135.249–135.255 [Reserved] rest requirements: All certificate
holders.
Subpart F—Crewmember Flight (a) A certificate holder may assign a
Time and Duty Period Limita- flight crewmember and a flight crew-
tions and Rest Requirements member may accept an assignment for
flight time only when the applicable
SOURCE: Docket No. 23634, 50 FR 29320, July requirements of §§ 135.263 through
18, 1985, unless otherwise noted. 135.271 are met.
(b) No certificate holder may assign
§ 135.261 Applicability. any flight crewmember to any duty
Sections 135.263 through 135.273 of with the certificate holder during any
this part prescribe flight time limita- required rest period.
tions, duty period limitations, and rest (c) Time spent in transportation, not
requirements for operations conducted local in character, that a certificate
under this part as follows: holder requires of a flight crewmember
spaschal on DSKJM0X7X2PROD with CFR

(a) Section 135.263 applies to all oper- and provides to transport the crew-
ations under this subpart. member to an airport at which he is to
(b) Section 135.265 applies to: serve on a flight as a crewmember, or

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§ 135.265 14 CFR Ch. I (1–1–21 Edition)

from an airport at which he was re- section or may reduce a scheduled rest
lieved from duty to return to his home under the following conditions:
station, is not considered part of a rest (1) A rest required under paragraph
period. (b)(1) of this section may be scheduled
(d) A flight crewmember is not con- for or reduced to a minimum of 8 hours
sidered to be assigned flight time in ex- if the flight crewmember is given a rest
cess of flight time limitations if the period of at least 10 hours that must
flights to which he is assigned nor- begin no later than 24 hours after the
mally terminate within the limita- commencement of the reduced rest pe-
tions, but due to circumstances beyond riod.
the control of the certificate holder or (2) A rest required under paragraph
flight crewmember (such as adverse (b)(2) of this section may be scheduled
weather conditions), are not at the for or reduced to a minimum of 8 hours
time of departure expected to reach if the flight crewmember is given a rest
their destination within the planned period of at least 11 hours that must
flight time. begin no later than 24 hours after the
commencement of the reduced rest pe-
§ 135.265 Flight time limitations and riod.
rest requirements: Scheduled oper- (3) A rest required under paragraph
ations. (b)(3) of this section may be scheduled
(a) No certificate holder may sched- for or reduced to a minimum of 9 hours
ule any flight crewmember, and no if the flight crewmember is given a rest
flight crewmember may accept an as- period of at least 12 hours that must
signment, for flight time in scheduled begin no later than 24 hours after the
operations or in other commercial fly- commencement of the reduced rest pe-
ing if that crewmember’s total flight riod.
time in all commercial flying will ex- (d) Each certificate holder shall re-
ceed— lieve each flight crewmember engaged
(1) 1,200 hours in any calendar year. in scheduled air transportation from
(2) 120 hours in any calendar month. all further duty for at least 24 consecu-
(3) 34 hours in any 7 consecutive days. tive hours during any 7 consecutive
days.
(4) 8 hours during any 24 consecutive
hours for a flight crew consisting of § 135.267 Flight time limitations and
one pilot. rest requirements: Unscheduled
(5) 8 hours between required rest peri- one- and two-pilot crews.
ods for a flight crew consisting of two (a) No certificate holder may assign
pilots qualified under this part for the any flight crewmember, and no flight
operation being conducted. crewmember may accept an assign-
(b) Except as provided in paragraph ment, for flight time as a member of a
(c) of this section, no certificate holder one- or two-pilot crew if that crew-
may schedule a flight crewmember, member’s total flight time in all com-
and no flight crewmember may accept mercial flying will exceed—
an assignment, for flight time during (1) 500 hours in any calendar quarter.
the 24 consecutive hours preceding the (2) 800 hours in any two consecutive
scheduled completion of any flight seg- calendar quarters.
ment without a scheduled rest period (3) 1,400 hours in any calendar year.
during that 24 hours of at least the fol- (b) Except as provided in paragraph
lowing: (c) of this section, during any 24 con-
(1) 9 consecutive hours of rest for less secutive hours the total flight time of
than 8 hours of scheduled flight time. the assigned flight when added to any
(2) 10 consecutive hours of rest for 8 other commercial flying by that flight
or more but less than 9 hours of sched- crewmember may not exceed—
uled flight time. (1) 8 hours for a flight crew con-
(3) 11 consecutive hours of rest for 9 sisting of one pilot; or
or more hours of scheduled flight time. (2) 10 hours for a flight crew con-
spaschal on DSKJM0X7X2PROD with CFR

(c) A certificate holder may schedule sisting of two pilots qualified under
a flight crewmember for less than the this part for the operation being con-
rest required in paragraph (b) of this ducted.

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Federal Aviation Administration, DOT § 135.269

(c) A flight crewmember’s flight time § 135.269 Flight time limitations and
may exceed the flight time limits of rest requirements: Unscheduled
paragraph (b) of this section if the as- three- and four-pilot crews.
signed flight time occurs during a regu- (a) No certificate holder may assign
larly assigned duty period of no more any flight crewmember, and no flight
than 14 hours and— crewmember may accept an assign-
(1) If this duty period is immediately ment, for flight time as a member of a
preceded by and followed by a required three- or four-pilot crew if that crew-
rest period of at least 10 consecutive member’s total flight time in all com-
hours of rest; mercial flying will exceed—
(2) If flight time is assigned during (1) 500 hours in any calendar quarter.
this period, that total flight time when (2) 800 hours in any two consecutive
calendar quarters.
added to any other commercial flying
(3) 1,400 hours in any calendar year.
by the flight crewmember may not ex-
(b) No certificate holder may assign
ceed— any pilot to a crew of three or four pi-
(i) 8 hours for a flight crew consisting lots, unless that assignment provides—
of one pilot; or (1) At least 10 consecutive hours of
(ii) 10 hours for a flight crew con- rest immediately preceding the assign-
sisting of two pilots; and ment;
(3) If the combined duty and rest pe- (2) No more than 8 hours of flight
riods equal 24 hours. deck duty in any 24 consecutive hours;
(d) Each assignment under paragraph (3) No more than 18 duty hours for a
(b) of this section must provide for at three-pilot crew or 20 duty hours for a
least 10 consecutive hours of rest dur- four-pilot crew in any 24 consecutive
ing the 24-hour period that precedes hours;
the planned completion time of the as- (4) No more than 12 hours aloft for a
signment. three-pilot crew or 16 hours aloft for a
(e) When a flight crewmember has ex- four-pilot crew during the maximum
duty hours specified in paragraph (b)(3)
ceeded the daily flight time limitations
of this section;
in this section, because of cir-
(5) Adequate sleeping facilities on the
cumstances beyond the control of the aircraft for the relief pilot;
certificate holder or flight crew- (6) Upon completion of the assign-
member (such as adverse weather con- ment, a rest period of at least 12 hours;
ditions), that flight crewmember must (7) For a three-pilot crew, a crew
have a rest period before being assigned which consists of at least the fol-
or accepting an assignment for flight lowing:
time of at least— (i) A pilot in command (PIC) who
(1) 11 consecutive hours of rest if the meets the applicable flight crew-
flight time limitation is exceeded by member requirements of subpart E of
not more than 30 minutes; part 135;
(2) 12 consecutive hours of rest if the (ii) A PIC who meets the applicable
flight time limitation is exceeded by flight crewmember requirements of
more than 30 minutes, but not more subpart E of part 135, except those pre-
than 60 minutes; and scribed in §§ 135.244 and 135.247; and
(3) 16 consecutive hours of rest if the (iii) A second in command (SIC) who
flight time limitation is exceeded by meets the SIC qualifications of
§ 135.245.
more than 60 minutes.
(8) For a four-pilot crew, at least
(f) The certificate holder must pro- three pilots who meet the conditions of
vide each flight crewmember at least 13 paragraph (b)(7) of this section, plus a
rest periods of at least 24 consecutive fourth pilot who meets the SIC quali-
hours each in each calendar quarter. fications of § 135.245.
[Doc. No. 23634, 50 FR 29320, July 18, 1985, as (c) When a flight crewmember has ex-
amended by Amdt. 135–33, 54 FR 39294, Sept. ceeded the daily flight deck duty limi-
spaschal on DSKJM0X7X2PROD with CFR

25, 1989; Amdt. 135–60, 61 FR 2616, Jan. 26, tation in this section by more than 60
1996] minutes, because of circumstances be-
yond the control of the certificate

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§ 135.271 14 CFR Ch. I (1–1–21 Edition)

holder or flight crewmember, that the hospital at which the HEMES as-
flight crewmember must have a rest signment is being performed.
period before the next duty period of at (g) No certificate holder may assign
least 16 consecutive hours. any other duties to a flight crew-
(d) A certificate holder must provide member during a HEMES assignment.
each flight crewmember at least 13 rest (h) Each pilot must be given a rest
periods of at least 24 consecutive hours period upon completion of the HEMES
each in each calendar quarter. assignment and prior to being assigned
any further duty with the certificate
§ 135.271 Helicopter hospital emer- holder of—
gency medical evacuation service
(HEMES). (1) At least 12 consecutive hours for
an assignment of less than 48 hours.
(a) No certificate holder may assign (2) At least 16 consecutive hours for
any flight crewmember, and no flight an assignment of more than 48 hours.
crewmember may accept an assign-
(i) The certificate holder must pro-
ment for flight time if that crew-
vide each flight crewmember at least 13
member’s total flight time in all com-
rest periods of at least 24 consecutive
mercial flight will exceed—
hours each in each calendar quarter.
(1) 500 hours in any calendar quarter.
(2) 800 hours in any two consecutive § 135.273 Duty period limitations and
calendar quarters. rest time requirements.
(3) 1,400 hours in any calendar year.
(b) No certificate holder may assign a (a) For purposes of this section—
helicopter flight crewmember, and no Calendar day means the period of
flight crewmember may accept an as- elapsed time, using Coordinated Uni-
signment, for hospital emergency med- versal Time or local time, that begins
ical evacuation service helicopter oper- at midnight and ends 24 hours later at
ations unless that assignment provides the next midnight.
for at least 10 consecutive hours of rest Duty period means the period of
immediately preceding reporting to the elapsed time between reporting for an
hospital for availability for flight time. assignment involving flight time and
(c) No flight crewmember may accrue release from that assignment by the
more than 8 hours of flight time during certificate holder. The time is cal-
any 24-consecutive hour period of a culated using either Coordinated Uni-
HEMES assignment, unless an emer- versal Time or local time to reflect the
gency medical evacuation operation is total elapsed time.
prolonged. Each flight crewmember Flight attendant means an individual,
who exceeds the daily 8 hour flight other than a flight crewmember, who is
time limitation in this paragraph must assigned by the certificate holder, in
be relieved of the HEMES assignment accordance with the required minimum
immediately upon the completion of crew complement under the certificate
that emergency medical evacuation op- holder’s operations specifications or in
eration and must be given a rest period addition to that minimum com-
in compliance with paragraph (h) of plement, to duty in an aircraft during
this section. flight time and whose duties include
(d) Each flight crewmember must re- but are not necessarily limited to
ceive at least 8 consecutive hours of cabin-safety-related responsibilities.
rest during any 24 consecutive hour pe- Rest period means the period free of
riod of a HEMES assignment. A flight all responsibility for work or duty
crewmember must be relieved of the should the occasion arise.
HEMES assignment if he or she has not (b) Except as provided in paragraph
or cannot receive at least 8 consecutive (c) of this section, a certificate holder
hours of rest during any 24 consecutive may assign a duty period to a flight at-
hour period of a HEMES assignment. tendant only when the applicable duty
(e) A HEMES assignment may not ex- period limitations and rest require-
ceed 72 consecutive hours at the hos- ments of this paragraph are met.
spaschal on DSKJM0X7X2PROD with CFR

pital. (1) Except as provided in paragraphs


(f) An adequate place of rest must be (b)(4), (b)(5), and (b)(6) of this section,
provided at, or in close proximity to, no certificate holder may assign a

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Federal Aviation Administration, DOT § 135.273

flight attendant to a scheduled duty flight attendant complement required


period of more than 14 hours. for the flight or flights in that duty pe-
(2) Except as provided in paragraph riod under the certificate holder’s oper-
(b)(3) of this section, a flight attendant ations specifications.
scheduled to a duty period of 14 hours (7) Except as provided in paragraph
or less as provided under paragraph (b)(8) of this section, a flight attendant
(b)(1) of this section must be given a scheduled to a duty period of more
scheduled rest period of at least 9 con- than 14 hours but no more than 20
secutive hours. This rest period must hours, as provided in paragraphs (b)(4),
occur between the completion of the (b)(5), and (b)(6) of this section, must be
scheduled duty period and the com- given a scheduled rest period of at least
mencement of the subsequent duty pe- 12 consecutive hours. This rest period
riod. must occur between the completion of
(3) The rest period required under the scheduled duty period and the com-
paragraph (b)(2) of this section may be mencement of the subsequent duty pe-
scheduled or reduced to 8 consecutive riod.
hours if the flight attendant is pro- (8) The rest period required under
vided a subsequent rest period of at paragraph (b)(7) of this section may be
least 10 consecutive hours; this subse- scheduled or reduced to 10 consecutive
quent rest period must be scheduled to hours if the flight attendant is pro-
begin no later than 24 hours after the vided a subsequent rest period of at
beginning of the reduced rest period least 14 consecutive hours; this subse-
and must occur between the comple- quent rest period must be scheduled to
tion of the scheduled duty period and begin no later than 24 hours after the
the commencement of the subsequent beginning of the reduced rest period
duty period. and must occur between the comple-
(4) A certificate holder may assign a tion of the scheduled duty period and
flight attendant to a scheduled duty the commencement of the subsequent
period of more than 14 hours, but no duty period.
more than 16 hours, if the certificate (9) Notwithstanding paragraphs
holder has assigned to the flight or (b)(4), (b)(5), and (b)(6) of this section, if
flights in that duty period at least one a certificate holder elects to reduce the
flight attendant in addition to the min- rest period to 10 hours as authorized by
imum flight attendant complement re- paragraph (b)(8) of this section, the cer-
quired for the flight or flights in that tificate holder may not schedule a
duty period under the certificate hold- flight attendant for a duty period of
er’s operations specifications. more than 14 hours during the 24-hour
(5) A certificate holder may assign a period commencing after the beginning
flight attendant to a scheduled duty of the reduced rest period.
period of more than 16 hours, but no (10) No certificate holder may assign
more than 18 hours, if the certificate a flight attendant any duty period with
holder has assigned to the flight or the certificate holder unless the flight
flights in that duty period at least two attendant has had at least the min-
flight attendants in addition to the imum rest required under this section.
minimum flight attendant complement (11) No certificate holder may assign
required for the flight or flights in that a flight attendant to perform any duty
duty period under the certificate hold- with the certificate holder during any
er’s operations specifications. required rest period.
(6) A certificate holder may assign a (12) Time spent in transportation,
flight attendant to a scheduled duty not local in character, that a certifi-
period of more than 18 hours, but no cate holder requires of a flight attend-
more than 20 hours, if the scheduled ant and provides to transport the flight
duty period includes one or more attendant to an airport at which that
flights that land or take off outside the flight attendant is to serve on a flight
48 contiguous states and the District of as a crewmember, or from an airport at
Columbia, and if the certificate holder which the flight attendant was relieved
spaschal on DSKJM0X7X2PROD with CFR

has assigned to the flight or flights in from duty to return to the flight at-
that duty period at least three flight tendant’s home station, is not consid-
attendants in addition to the minimum ered part of a rest period.

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§ 135.291 14 CFR Ch. I (1–1–21 Edition)

(13) Each certificate holder must re- ceives such notice, it may file a peti-
lieve each flight attendant engaged in tion to reconsider the notice with the
air transportation from all further responsible Flight Standards office.
duty for at least 24 consecutive hours The filing of a petition to reconsider
during any 7 consecutive calendar stays the notice, pending decision by
days. the Administrator. However, if the Ad-
(14) A flight attendant is not consid- ministrator finds that there is an
ered to be scheduled for duty in excess emergency that requires immediate ac-
of duty period limitations if the flights tion in the interest of safety, the Ad-
to which the flight attendant is as- ministrator may, upon a statement of
signed are scheduled and normally ter- the reasons, require a change effective
minate within the limitations but due without stay.
to circumstances beyond the control of
[Amdt. 135–52, 59 FR 42993, Aug. 19, 1994, as
the certificate holder (such as adverse amended by Amdt. 135–60, 61 FR 2616, Jan. 26,
weather conditions) are not at the time 1996; Docket FAA–2018–0119, Amdt. 135–139, 83
of departure expected to reach their FR 9175, Mar. 5, 2018]
destination within the scheduled time.
(c) Notwithstanding paragraph (b) of Subpart G—Crewmember Testing
this section, a certificate holder may
apply the flight crewmember flight
Requirements
time and duty limitations and rest re- § 135.291 Applicability.
quirements of this part to flight at-
tendants for all operations conducted Except as provided in § 135.3, this sub-
under this part provided that— part—
(1) The certificate holder establishes (a) Prescribes the tests and checks
written procedures that— required for pilot and flight attendant
(i) Apply to all flight attendants used crewmembers and for the approval of
in the certificate holder’s operation; check pilots in operations under this
(ii) Include the flight crewmember part; and
requirements contained in subpart F of (b) Permits training center personnel
this part, as appropriate to the oper- authorized under part 142 of this chap-
ation being conducted, except that rest ter who meet the requirements of
facilities on board the aircraft are not §§ 135.337 and 135.339 to conduct train-
required; and ing, testing, and checking under con-
(iii) Include provisions to add one tract or other arrangement to those
flight attendant to the minimum flight persons subject to the requirements of
attendant complement for each flight this subpart.
crewmember who is in excess of the [Doc. No. 26933, 61 FR 34561, July 2, 1996, as
minimum number required in the air- amended by Amdt. 135–91, 68 FR 54587, Sept.
craft type certificate data sheet and 17, 2003]
who is assigned to the aircraft under
the provisions of subpart F of this part, § 135.293 Initial and recurrent pilot
as applicable. testing requirements.
(iv) Are approved by the Adminis- (a) No certificate holder may use a
trator and described or referenced in pilot, nor may any person serve as a
the certificate holder’s operations pilot, unless, since the beginning of the
specifications; and 12th calendar month before that serv-
(2) Whenever the Administrator finds ice, that pilot has passed a written or
that revisions are necessary for the oral test, given by the Administrator
continued adequacy of duty period lim- or an authorized check pilot, on that
itation and rest requirement proce- pilot’s knowledge in the following
dures that are required by paragraph areas—
(c)(1) of this section and that had been (1) The appropriate provisions of
granted final approval, the certificate parts 61, 91, and 135 of this chapter and
holder must, after notification by the the operations specifications and the
Administrator, make any changes in manual of the certificate holder;
spaschal on DSKJM0X7X2PROD with CFR

the procedures that are found nec- (2) For each type of aircraft to be
essary by the Administrator. Within 30 flown by the pilot, the aircraft power-
days after the certificate holder re- plant, major components and systems,

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Federal Aviation Administration, DOT § 135.293

major appliances, performance and op- competence in practical skills and


erating limitations, standard and techniques in that aircraft or class of
emergency operating procedures, and aircraft. The extent of the competency
the contents of the approved Aircraft check shall be determined by the Ad-
Flight Manual or equivalent, as appli- ministrator or authorized check pilot
cable; conducting the competency check. The
(3) For each type of aircraft to be competency check may include any of
flown by the pilot, the method of deter- the maneuvers and procedures cur-
mining compliance with weight and rently required for the original
balance limitations for takeoff, landing issuance of the particular pilot certifi-
and en route operations; cate required for the operations au-
(4) Navigation and use of air naviga- thorized and appropriate to the cat-
tion aids appropriate to the operation egory, class and type of aircraft in-
or pilot authorization, including, when volved. For the purposes of this para-
applicable, instrument approach facili-
graph, type, as to an airplane, means
ties and procedures;
any one of a group of airplanes deter-
(5) Air traffic control procedures, in-
mined by the Administrator to have a
cluding IFR procedures when applica-
ble; similar means of propulsion, the same
(6) Meteorology in general, including manufacturer, and no significantly dif-
the principles of frontal systems, icing, ferent handling or flight characteris-
fog, thunderstorms, and windshear, tics. For the purposes of this para-
and, if appropriate for the operation of graph, type, as to a helicopter, means a
the certificate holder, high altitude basic make and model.
weather; (c) Each competency check given in a
(7) Procedures for— rotorcraft must include a demonstra-
(i) Recognizing and avoiding severe tion of the pilot’s ability to maneuver
weather situations; the rotorcraft solely by reference to in-
(ii) Escaping from severe weather sit- struments. The check must determine
uations, in case of inadvertent encoun- the pilot’s ability to safely maneuver
ters, including low-altitude windshear the rotorcraft into visual meteorolog-
(except that rotorcraft pilots are not ical conditions following an inad-
required to be tested on escaping from vertent encounter with instrument me-
low-altitude windshear); teorological conditions. For com-
(iii) Operating in or near thunder- petency checks in non-IFR-certified
storms (including best penetrating al- rotorcraft, the pilot must perform such
titudes), turbulent air (including clear maneuvers as are appropriate to the
air turbulence), icing, hail, and other rotorcraft’s installed equipment, the
potentially hazardous meteorological certificate holder’s operations speci-
conditions; and fications, and the operating environ-
(8) New equipment, procedures, or ment.
techniques, as appropriate; and
(d) The instrument proficiency check
(9) For rotorcraft pilots, procedures
required by § 135.297 may be substituted
for aircraft handling in flat-light,
for the competency check required by
whiteout, and brownout conditions, in-
this section for the type of aircraft
cluding methods for recognizing and
avoiding those conditions. used in the check.
(b) No certificate holder may use a (e) For the purpose of this part, com-
pilot, nor may any person serve as a petent performance of a procedure or
pilot, in any aircraft unless, since the maneuver by a person to be used as a
beginning of the 12th calendar month pilot requires that the pilot be the ob-
before that service, that pilot has vious master of the aircraft, with the
passed a competency check given by successful outcome of the maneuver
the Administrator or an authorized never in doubt.
check pilot in that class of aircraft, if (f) The Administrator or authorized
single-engine airplane other than tur- check pilot certifies the competency of
spaschal on DSKJM0X7X2PROD with CFR

bojet, or that type of aircraft, if heli- each pilot who passes the knowledge or
copter, multiengine airplane, or tur- flight check in the certificate holder’s
bojet airplane, to determine the pilot’s pilot records.

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§ 135.295 14 CFR Ch. I (1–1–21 Edition)

(g) Portions of a required competency (h) Location and operation of all nor-
check may be given in an aircraft sim- mal and emergency exits, including
ulator or other appropriate training de- evacuation chutes and escape ropes;
vice, if approved by the Administrator. and
(h) Rotorcraft pilots must be tested (i) Seating of persons who may need
on the subjects in paragraph (a)(9) of assistance of another person to move
this section when taking a written or rapidly to an exit in an emergency as
oral knowledge test after April 22, 2015. prescribed by the certificate holder’s
Rotorcraft pilots must be checked on operations manual.
the maneuvers and procedures in para-
graph (c) of this section when taking a § 135.297 Pilot in command: Instru-
competency check after April 22, 2015. ment proficiency check require-
(i) If the certificate holder is author- ments.
ized to conduct EFVS operations, the
(a) No certificate holder may use a
competency check in paragraph (b) of
pilot, nor may any person serve, as a
this section must include tasks appro-
priate to the EFVS operations the cer- pilot in command of an aircraft under
tificate holder is authorized to con- IFR unless, since the beginning of the
duct. 6th calendar month before that service,
that pilot has passed an instrument
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as proficiency check under this section
amended by Amdt. 135–27, 53 FR 37697, Sept. administered by the Administrator or
27, 1988; Amdt. 135–129, 79 FR 9974, Feb. 21,
2014; 79 FR 22012, Apr. 21, 2014; Docket FAA–
an authorized check pilot.
2013–0485, Amdt. 135–135, 81 FR 90177, Dec. 13, (b) No pilot may use any type of pre-
2016] cision instrument approach procedure
under IFR unless, since the beginning
§ 135.295 Initial and recurrent flight of the 6th calendar month before that
attendant crewmember testing re- use, the pilot satisfactorily dem-
quirements.
onstrated that type of approach proce-
No certificate holder may use a flight dure. No pilot may use any type of non-
attendant crewmember, nor may any precision approach procedure under
person serve as a flight attendant crew- IFR unless, since the beginning of the
member unless, since the beginning of 6th calendar month before that use, the
the 12th calendar month before that pilot has satisfactorily demonstrated
service, the certificate holder has de- either that type of approach procedure
termined by appropriate initial and re- or any other two different types of non-
current testing that the person is precision approach procedures. The in-
knowledgeable and competent in the strument approach procedure or proce-
following areas as appropriate to as- dures must include at least one
signed duties and responsibilities— straight-in approach, one circling ap-
(a) Authority of the pilot in com- proach, and one missed approach. Each
mand;
type of approach procedure dem-
(b) Passenger handling, including
onstrated must be conducted to pub-
procedures to be followed in handling
lished minimums for that procedure.
deranged persons or other persons
whose conduct might jeopardize safety; (c) The instrument proficiency check
(c) Crewmember assignments, func- required by paragraph (a) of this sec-
tions, and responsibilities during ditch- tion consists of an oral or written
ing and evacuation of persons who may equipment test and a flight check
need the assistance of another person under simulated or actual IFR condi-
to move expeditiously to an exit in an tions. The equipment test includes
emergency; questions on emergency procedures, en-
(d) Briefing of passengers; gine operation, fuel and lubrication
(e) Location and operation of port- systems, power settings, stall speeds,
able fire extinguishers and other items best engine-out speed, propeller and su-
of emergency equipment; percharger operations, and hydraulic,
(f) Proper use of cabin equipment and mechanical, and electrical systems, as
spaschal on DSKJM0X7X2PROD with CFR

controls; appropriate. The flight check includes


(g) Location and operation of pas- navigation by instruments, recovery
senger oxygen equipment; from simulated emergencies, and

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Federal Aviation Administration, DOT § 135.299

standard instrument approaches in- ment proficiency check, that the pilot
volving navigational facilities which is able (without a second in command)
that pilot is to be authorized to use. both with and without using the auto-
Each pilot taking the instrument pro- pilot to—
ficiency check must show that stand- (1) Conduct instrument operations
ard of competence required by competently; and
§ 135.293(e). (2) Properly conduct air-ground com-
(1) The instrument proficiency check munications and comply with complex
must— air traffic control instructions.
(i) For a pilot in command of an air- (3) Each pilot taking the autopilot
plane under § 135.243(a), include the pro- check must show that, while using the
cedures and maneuvers for an airline autopilot, the airplane can be operated
transport pilot certificate in the par- as proficiently as it would be if a sec-
ticular type of airplane, if appropriate; ond in command were present to han-
and dle air-ground communications and air
(ii) For a pilot in command of an air- traffic control instructions. The auto-
plane or helicopter under § 135.243(c), pilot check need only be demonstrated
include the procedures and maneuvers once every 12 calendar months during
for a commercial pilot certificate with the instrument proficiency check re-
an instrument rating and, if required, quired under paragraph (a) of this sec-
for the appropriate type rating. tion.
(2) The instrument proficiency check [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
must be given by an authorized check amended by Amdt. 135–15, 46 FR 30971, June
airman or by the Administrator. 11, 1981; Amdt. 135–129, 79 FR 9975, Feb. 21,
(d) If the pilot in command is as- 2014]
signed to pilot only one type of air-
craft, that pilot must take the instru- § 135.299 Pilot in command: Line
ment proficiency check required by checks: Routes and airports.
paragraph (a) of this section in that (a) No certificate holder may use a
type of aircraft. pilot, nor may any person serve, as a
(e) If the pilot in command is as- pilot in command of a flight unless,
signed to pilot more than one type of since the beginning of the 12th cal-
aircraft, that pilot must take the in- endar month before that service, that
strument proficiency check required by pilot has passed a flight check in one of
paragraph (a) of this section in each the types of aircraft which that pilot is
type of aircraft to which that pilot is to fly. The flight check shall—
assigned, in rotation, but not more (1) Be given by an approved check
than one flight check during each pe- pilot or by the Administrator;
riod described in paragraph (a) of this (2) Consist of at least one flight over
section. one route segment; and
(f) If the pilot in command is as- (3) Include takeoffs and landings at
signed to pilot both single-engine and one or more representative airports. In
multiengine aircraft, that pilot must addition to the requirements of this
initially take the instrument pro- paragraph, for a pilot authorized to
ficiency check required by paragraph conduct IFR operations, at least one
(a) of this section in a multiengine air- flight shall be flown over a civil air-
craft, and each succeeding check alter- way, an approved off-airway route, or a
nately in single-engine and multien- portion of either of them.
gine aircraft, but not more than one (b) The pilot who conducts the check
flight check during each period de- shall determine whether the pilot being
scribed in paragraph (a) of this section. checked satisfactorily performs the du-
Portions of a required flight check may ties and responsibilities of a pilot in
be given in an aircraft simulator or command in operations under this
other appropriate training device, if part, and shall so certify in the pilot
approved by the Administrator. training record.
(g) If the pilot in command is author- (c) Each certificate holder shall es-
spaschal on DSKJM0X7X2PROD with CFR

ized to use an autopilot system in place tablish in the manual required by


of a second in command, that pilot § 135.21 a procedure which will ensure
must show, during the required instru- that each pilot who has not flown over

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§ 135.301 14 CFR Ch. I (1–1–21 Edition)

a route and into an airport within the (b) For the purposes of this subpart,
preceding 90 days will, before beginning the following terms and definitions
the flight, become familiar with all apply:
available information required for the (1) Initial training. The training re-
safe operation of that flight. quired for crewmembers who have not
qualified and served in the same capac-
§ 135.301 Crewmember: Tests and
checks, grace provisions, training ity on an aircraft.
to accepted standards. (2) Transition training. The training
(a) If a crewmember who is required required for crewmembers who have
to take a test or a flight check under qualified and served in the same capac-
this part, completes the test or flight ity on another aircraft.
check in the calendar month before or (3) Upgrade training. The training re-
after the calendar month in which it is quired for crewmembers who have
required, that crewmember is consid- qualified and served as second in com-
ered to have completed the test or mand on a particular aircraft type, be-
check in the calendar month in which fore they serve as pilot in command on
it is required. that aircraft.
(b) If a pilot being checked under this (4) Differences training. The training
subpart fails any of the required ma- required for crewmembers who have
neuvers, the person giving the check qualified and served on a particular
may give additional training to the type aircraft, when the Administrator
pilot during the course of the check. In finds differences training is necessary
addition to repeating the maneuvers before a crewmember serves in the
failed, the person giving the check may same capacity on a particular vari-
require the pilot being checked to re- ation of that aircraft.
peat any other maneuvers that are nec-
(5) Recurrent training. The training
essary to determine the pilot’s pro-
ficiency. If the pilot being checked is required for crewmembers to remain
unable to demonstrate satisfactory adequately trained and currently pro-
performance to the person conducting ficient for each aircraft, crewmember
the check, the certificate holder may position, and type of operation in
not use the pilot, nor may the pilot which the crewmember serves.
serve, as a flight crewmember in oper- (6) In flight. The maneuvers, proce-
ations under this part until the pilot dures, or functions that must be con-
has satisfactorily completed the check. ducted in the aircraft.
(7) Training center. An organization
Subpart H—Training governed by the applicable require-
ments of part 142 of this chapter that
§ 135.321 Applicability and terms used. conducts training, testing, and check-
(a) Except as provided in § 135.3, this ing under contract or other arrange-
subpart prescribes the requirements ment to certificate holders subject to
applicable to— the requirements of this part.
(1) A certificate holder under this (8) Requalification training. The train-
part which contracts with, or other- ing required for crewmembers pre-
wise arranges to use the services of a viously trained and qualified, but who
training center certificated under part have become unqualified due to not
142 to perform training, testing, and having met within the required period
checking functions; the—
(2) Each certificate holder for estab- (i) Recurrent pilot testing require-
lishing and maintaining an approved
ments of § 135.293;
training program for crewmembers,
(ii) Instrument proficiency check re-
check airmen and instructors, and
other operations personnel employed or quirements of § 135.297; or
used by that certificate holder; and (iii) Line checks required by § 135.299.
(3) Each certificate holder for the [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
spaschal on DSKJM0X7X2PROD with CFR

qualification, approval, and use of air- amended by Amdt. 121–250, 60 FR 65950, Dec.
craft simulators and flight training de- 20, 1995; Amdt. 135–63, 61 FR 34561, July 2,
vices in the conduct of the program. 1996; Amdt. 135–91, 68 FR 54588, Sept. 17, 2003]

476

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Federal Aviation Administration, DOT § 135.324

§ 135.323 Training program: General. check airman, is not required for com-
(a) Each certificate holder required puterized entries.
to have a training program under (d) Training subjects that apply to
§ 135.341 shall: more than one aircraft or crewmember
(1) Establish and implement a train- position and that have been satisfac-
ing program that satisfies the require- torily completed during previous train-
ments of this subpart and that ensures ing while employed by the certificate
that each crewmember, aircraft dis- holder for another aircraft or another
patcher, flight instructor and check crewmember position, need not be re-
airman is adequately trained to per- peated during subsequent training
form his or her assigned duties. Prior other than recurrent training.
to implementation, the certificate (e) Aircraft simulators and other
holder must obtain initial and final training devices may be used in the
FAA approval of the training program. certificate holder’s training program if
(2) Provide adequate ground and approved by the Administrator.
flight training facilities and properly [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
qualified ground instructors for the amended by Amdt. 135–101, 70 FR 58829, Oct.
training required by this subpart. 7, 2005]
(3) Provide and keep current for each
aircraft type used and, if applicable, § 135.324 Training program: Special
rules.
the particular variations within the
aircraft type, appropriate training ma- (a) Other than the certificate holder,
terial, examinations, forms, instruc- only another certificate holder certifi-
tions, and procedures for use in con- cated under this part or a training cen-
ducting the training and checks re- ter certificated under part 142 of this
quired by this subpart. chapter is eligible under this subpart
(4) Provide enough flight instructors, to conduct training, testing, and
check airmen, and simulator instruc- checking under contract or other ar-
tors to conduct required flight training rangement to those persons subject to
and flight checks, and simulator train- the requirements of this subpart.
ing courses allowed under this subpart. (b) A certificate holder may contract
(b) Whenever a crewmember who is with, or otherwise arrange to use the
required to take recurrent training services of, a training center certifi-
under this subpart completes the train- cated under part 142 of this chapter to
ing in the calendar month before, or conduct training, testing, and checking
the calendar month after, the month in required by this part only if the train-
which that training is required, the ing center—
crewmember is considered to have (1) Holds applicable training speci-
completed it in the calendar month in fications issued under part 142 of this
which it was required. chapter;
(c) Each instructor, supervisor, or (2) Has facilities, training equipment,
check airman who is responsible for a and courseware meeting the applicable
particular ground training subject, seg- requirements of part 142 of this chap-
ment of flight training, course of train- ter;
ing, flight check, or competence check (3) Has approved curriculums, cur-
under this part shall certify as to the riculum segments, and portions of cur-
proficiency and knowledge of the crew- riculum segments applicable for use in
member, flight instructor, or check training courses required by this sub-
airman concerned upon completion of part; and
that training or check. That certifi- (4) Has sufficient instructor and
cation shall be made a part of the crew- check airmen qualified under the appli-
member’s record. When the certifi- cable requirements of §§ 135.337 through
cation required by this paragraph is 135.340 to provide training, testing, and
made by an entry in a computerized checking to persons subject to the re-
recordkeeping system, the certifying quirements of this subpart.
instructor, supervisor, or check air- [Doc. No. 26933, 61 FR 34562, July 2, 1996, as
spaschal on DSKJM0X7X2PROD with CFR

man, must be identified with that amended by Amdt. 135–67, 62 FR 13791, Mar.
entry. However, the signature of the 21, 1997; Amdt. 135–91, 68 FR 54588, Sept. 17,
certifying instructor, supervisor, or 2003]

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§ 135.325 14 CFR Ch. I (1–1–21 Edition)

§ 135.325 Training program and revi- § 135.327 Training program: Cur-


sion: Initial and final approval. riculum.
(a) To obtain initial and final ap- (a) Each certificate holder must pre-
proval of a training program, or a revi- pare and keep current a written train-
sion to an approved training program, ing program curriculum for each type
each certificate holder must submit to of aircraft for each crewmember re-
the Administrator— quired for that type aircraft. The cur-
(1) An outline of the proposed or re- riculum must include ground and flight
vised curriculum, that provides enough training required by this subpart.
information for a preliminary evalua- (b) Each training program cur-
riculum must include the following:
tion of the proposed training program
(1) A list of principal ground training
or revision; and
subjects, including emergency training
(2) Additional relevant information
subjects, that are provided.
that may be requested by the Adminis-
(2) A list of all the training devices,
trator. mockups, systems trainers, procedures
(b) If the proposed training program trainers, or other training aids that
or revision complies with this subpart, the certificate holder will use.
the Administrator grants initial ap- (3) Detailed descriptions or pictorial
proval in writing after which the cer- displays of the approved normal, abnor-
tificate holder may conduct the train- mal, and emergency maneuvers, proce-
ing under that program. The Adminis- dures and functions that will be per-
trator then evaluates the effectiveness formed during each flight training
of the training program and advises the phase or flight check, indicating those
certificate holder of deficiencies, if maneuvers, procedures and functions
any, that must be corrected. that are to be performed during the
(c) The Administrator grants final inflight portions of flight training and
approval of the proposed training pro- flight checks.
gram or revision if the certificate hold-
er shows that the training conducted § 135.329 Crewmember training re-
quirements.
under the initial approval in paragraph
(b) of this section ensures that each (a) Each certificate holder must in-
person who successfully completes the clude in its training program the fol-
training is adequately trained to per- lowing initial and transition ground
form that person’s assigned duties. training as appropriate to the par-
ticular assignment of the crewmember:
(d) Whenever the Administrator finds
(1) Basic indoctrination ground train-
that revisions are necessary for the
ing for newly hired crewmembers in-
continued adequacy of a training pro-
cluding instruction in at least the—
gram that has been granted final ap-
(i) Duties and responsibilities of
proval, the certificate holder shall, crewmembers as applicable;
after notification by the Adminis- (ii) Appropriate provisions of this
trator, make any changes in the pro- chapter;
gram that are found necessary by the (iii) Contents of the certificate hold-
Administrator. Within 30 days after the er’s operating certificate and oper-
certificate holder receives the notice, ations specifications (not required for
it may file a petition to reconsider the flight attendants); and
notice with the Administrator. The fil- (iv) Appropriate portions of the cer-
ing of a petition to reconsider stays the tificate holder’s operating manual.
notice pending a decision by the Ad- (2) The initial and transition ground
ministrator. However, if the Adminis- training in §§ 135.345 and 135.349, as ap-
trator finds that there is an emergency plicable.
that requires immediate action in the (3) Emergency training in § 135.331.
interest of safety, the Administrator (4) Crew resource management train-
may, upon a statement of the reasons, ing in § 135.330.
spaschal on DSKJM0X7X2PROD with CFR

require a change effective without (b) Each training program must pro-
stay. vide the initial and transition flight
training in § 135.347, as applicable.

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Federal Aviation Administration, DOT § 135.331

(c) Each training program must pro- unless that person has completed ap-
vide recurrent ground and flight train- proved crew resource management ini-
ing in § 135.351. tial training with that certificate hold-
(d) Upgrade training in §§ 135.345 and er.
135.347 for a particular type aircraft (c) For flightcrew members and flight
may be included in the training pro- attendants, the Administrator, at his
gram for crewmembers who have quali- or her discretion, may credit crew re-
fied and served as second in command source management training com-
on that aircraft. pleted with that certificate holder be-
(e) In addition to initial, transition, fore March 22, 2013, toward all or part
upgrade and recurrent training, each of the initial CRM training required by
training program must provide ground this section.
and flight training, instruction, and (d) In granting credit for initial CRM
practice necessary to ensure that each training, the Administrator considers
crewmember— training aids, devices, methods and
(1) Remains adequately trained and procedures used by the certificate hold-
currently proficient for each aircraft, er in a voluntary CRM program in-
crewmember position, and type of oper- cluded in a training program required
ation in which the crewmember serves; by § 135.341, § 135.345, or § 135.349.
and
(2) Qualifies in new equipment, facili- [Doc. No. FAA–2009–0023, 76 FR 3837, Jan. 21,
2011]
ties, procedures, and techniques, in-
cluding modifications to aircraft. § 135.331 Crewmember emergency
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as training.
amended by Amdt. 135–122, 76 FR 3837, Jan. (a) Each training program must pro-
21, 2011]
vide emergency training under this sec-
§ 135.330 Crew resource management tion for each aircraft type, model, and
training. configuration, each crewmember, and
each kind of operation conducted, as
(a) Each certificate holder must have
appropriate for each crewmember and
an approved crew resource manage-
the certificate holder.
ment training program that includes
(b) Emergency training must provide
initial and recurrent training. The
the following:
training program must include at least
(1) Instruction in emergency assign-
the following:
ments and procedures, including co-
(1) Authority of the pilot in com-
ordination among crewmembers.
mand;
(2) Communication processes, deci- (2) Individual instruction in the loca-
sions, and coordination, to include tion, function, and operation of emer-
communication with Air Traffic Con- gency equipment including—
trol, personnel performing flight locat- (i) Equipment used in ditching and
ing and other operational functions, evacuation;
and passengers; (ii) First aid equipment and its prop-
(3) Building and maintenance of a er use; and
flight team; (iii) Portable fire extinguishers, with
(4) Workload and time management; emphasis on the type of extinguisher to
(5) Situational awareness; be used on different classes of fires.
(6) Effects of fatigue on performance, (3) Instruction in the handling of
avoidance strategies and counter- emergency situations including—
measures; (i) Rapid decompression;
(7) Effects of stress and stress reduc- (ii) Fire in flight or on the surface
tion strategies; and and smoke control procedures with em-
(8) Aeronautical decision-making and phasis on electrical equipment and re-
judgment training tailored to the oper- lated circuit breakers found in cabin
ator’s flight operations and aviation areas;
environment. (iii) Ditching and evacuation;
spaschal on DSKJM0X7X2PROD with CFR

(b) After March 22, 2013, no certifi- (iv) Illness, injury, or other abnormal
cate holder may use a person as a situations involving passengers or
flightcrew member or flight attendant crewmembers; and

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§ 135.335 14 CFR Ch. I (1–1–21 Edition)

(v) Hijacking and other unusual situ- (2) It must maintain the perform-
ations. ance, functional, and other character-
(4) Review of the certificate holder’s istics that are required for approval.
previous aircraft accidents and inci- (3) Additionally, for aircraft simula-
dents involving actual emergency situ- tors, it must be—
ations. (i) Approved for the type aircraft
(c) Each crewmember must perform and, if applicable, the particular vari-
at least the following emergency drills, ation within type for which the train-
using the proper emergency equipment ing or check is being conducted; and
and procedures, unless the Adminis- (ii) Modified to conform with any
trator finds that, for a particular drill, modification to the aircraft being sim-
the crewmember can be adequately ulated that changes the performance,
trained by demonstration: functional, or other characteristics re-
(1) Ditching, if applicable. quired for approval.
(2) Emergency evacuation. (c) A particular aircraft simulator or
(3) Fire extinguishing and smoke con- other training device may be used by
trol. more than one certificate holder.
(4) Operation and use of emergency (d) In granting initial and final ap-
exits, including deployment and use of proval of training programs or revi-
evacuation chutes, if applicable. sions to them, the Administrator con-
siders the training devices, methods
(5) Use of crew and passenger oxygen.
and procedures listed in the certificate
(6) Removal of life rafts from the air-
holder’s curriculum under § 135.327.
craft, inflation of the life rafts, use of
life lines, and boarding of passengers [Doc. No. 16907, 43 FR 46783, Oct. 10, 1978, as
and crew, if applicable. amended by Amdt. 135–1, 44 FR 26738, May 7,
(7) Donning and inflation of life vests 1979]
and the use of other individual flota- § 135.336 Airline transport pilot certifi-
tion devices, if applicable. cation training program.
(d) Crewmembers who serve in oper-
ations above 25,000 feet must receive (a) A certificate holder may obtain
instruction in the following: approval to establish and implement a
training program to satisfy the re-
(1) Respiration.
quirements of § 61.156 of this chapter.
(2) Hypoxia.
The training program must be separate
(3) Duration of consciousness without
from the air carrier training program
supplemental oxygen at altitude.
required by this part.
(4) Gas expansion. (b) No certificate holder may use a
(5) Gas bubble formation. person nor may any person serve as an
(6) Physical phenomena and incidents instructor in a training program ap-
of decompression. proved to meet the requirements of
§ 61.156 of this chapter unless the in-
§ 135.335 Approval of aircraft simula-
tors and other training devices. structor:
(1) Holds an airline transport pilot
(a) Training courses using aircraft certificate with an airplane category
simulators and other training devices multiengine class rating;
may be included in the certificate hold- (2) Has at least 2 years of experience
er’s training program if approved by as a pilot in command in operations
the Administrator. conducted under § 91.1053(a)(2)(i) of this
(b) Each aircraft simulator and other chapter, § 135.243(a)(1) of this part, or as
training device that is used in a train- a pilot in command or second in com-
ing course or in checks required under mand in any operation conducted
this subpart must meet the following under part 121 of this chapter;
requirements: (3) Except for the holder of a flight
(1) It must be specifically approved instructor certificate, receives initial
for— training on the following topics:
(i) The certificate holder; and (i) The fundamental principles of the
spaschal on DSKJM0X7X2PROD with CFR

(ii) The particular maneuver, proce- learning process;


dure, or crewmember function in- (ii) Elements of effective teaching,
volved. instruction methods, and techniques;

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Federal Aviation Administration, DOT § 135.337

(iii) Instructor duties, privileges, re- check airman (aircraft) in a training


sponsibilities, and limitations; program established under this subpart
(iv) Training policies and procedures; unless, with respect to the aircraft
and type involved, that person—
(v) Evaluation. (1) Holds the airman certificates and
(4) If providing training in a flight ratings required to serve as a pilot in
simulation training device, holds an command in operations under this
aircraft type rating for the aircraft part;
represented by the flight simulation (2) Has satisfactorily completed the
training device utilized in the training training phases for the aircraft, includ-
program and have received training ing recurrent training, that are re-
and evaluation within the preceding 12 quired to serve as a pilot in command
months from the certificate holder on:
in operations under this part;
(i) Proper operation of flight simu-
lator and flight training device con- (3) Has satisfactorily completed the
trols and systems; proficiency or competency checks that
(ii) Proper operation of environ- are required to serve as a pilot in com-
mental and fault panels; mand in operations under this part;
(iii) Data and motion limitations of (4) Has satisfactorily completed the
simulation; applicable training requirements of
(iv) Minimum equipment require- § 135.339;
ments for each curriculum; and (5) Holds at least a Class III medical
(v) The maneuvers that will be dem- certificate unless serving as a required
onstrated in the flight simulation crewmember, in which case holds a
training device. Class I or Class II medical certificate
(c) A certificate holder may not issue as appropriate.
a graduation certificate to a student (6) Has satisfied the recency of expe-
unless that student has completed all rience requirements of § 135.247; and
the curriculum requirements of the (7) Has been approved by the Admin-
course. istrator for the check airman duties in-
(d) A certificate holder must conduct volved.
evaluations to ensure that training (c) No certificate holder may use a
techniques, procedures, and standards person, nor may any person serve as a
are acceptable to the Administrator. check airman (simulator) in a training
[Doc. No. FAA–2010–0100, 78 FR 42379, July 15, program established under this subpart
2013] unless, with respect to the aircraft
type involved, that person meets the
§ 135.337 Qualifications: Check airmen provisions of paragraph (b) of this sec-
(aircraft) and check airmen (simu-
lator). tion, or—
(1) Holds the applicable airman cer-
(a) For the purposes of this section tificates and ratings, except medical
and § 135.339: certificate, required to serve as a pilot
(1) A check airman (aircraft) is a per-
in command in operations under this
son who is qualified to conduct flight
part;
checks in an aircraft, in a flight simu-
lator, or in a flight training device for (2) Has satisfactorily completed the
a particular type aircraft. appropriate training phases for the air-
(2) A check airman (simulator) is a craft, including recurrent training,
person who is qualified to conduct that are required to serve as a pilot in
flight checks, but only in a flight simu- command in operations under this
lator, in a flight training device, or part;
both, for a particular type aircraft. (3) Has satisfactorily completed the
(3) Check airmen (aircraft) and check appropriate proficiency or competency
airmen (simulator) are those check air- checks that are required to serve as a
men who perform the functions de- pilot in command in operations under
scribed in §§ 135.321 (a) and 135.323(a)(4) this part;
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and (c). (4) Has satisfactorily completed the


(b) No certificate holder may use a applicable training requirements of
person, nor may any person serve as a § 135.339; and

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§ 135.338 14 CFR Ch. I (1–1–21 Edition)

(5) Has been approved by the Admin- flight instructor (aircraft) in a training
istrator for the check airman (simu- program established under this subpart
lator) duties involved. unless, with respect to the type, class,
(d) Completion of the requirements or category aircraft involved, that per-
in paragraphs (b) (2), (3), and (4) or (c) son—
(2), (3), and (4) of this section, as appli- (1) Holds the airman certificates and
cable, shall be entered in the individ- ratings required to serve as a pilot in
ual’s training record maintained by the command in operations under this
certificate holder.
part;
(e) Check airmen who do not hold an
appropriate medical certificate may (2) Has satisfactorily completed the
function as check airmen (simulator), training phases for the aircraft, includ-
but may not serve as flightcrew mem- ing recurrent training, that are re-
bers in operations under this part. quired to serve as a pilot in command
(f) A check airman (simulator) must in operations under this part;
accomplish the following— (3) Has satisfactorily completed the
(1) Fly at least two flight segments proficiency or competency checks that
as a required crewmember for the type, are required to serve as a pilot in com-
class, or category aircraft involved mand in operations under this part;
within the 12-month preceding the per- (4) Has satisfactorily completed the
formance of any check airman duty in applicable training requirements of
a flight simulator; or § 135.340;
(2) Satisfactorily complete an ap- (5) Holds at least a Class III medical
proved line-observation program with- certificate; and
in the period prescribed by that pro- (6) Has satisfied the recency of expe-
gram and that must precede the per-
rience requirements of § 135.247.
formance of any check airman duty in
a flight simulator. (c) No certificate holder may use a
(g) The flight segments or line-obser- person, nor may any person serve as a
vation program required in paragraph flight instructor (simulator) in a train-
(f) of this section are considered to be ing program established under this sub-
completed in the month required if part, unless, with respect to the type,
completed in the calendar month be- class, or category aircraft involved,
fore or the calendar month after the that person meets the provisions of
month in which they are due. paragraph (b) of this section, or—
[Doc. No. 28471, 61 FR 30744, June 17, 1996]
(1) Holds the airman certificates and
ratings, except medical certificate, re-
§ 135.338 Qualifications: Flight instruc- quired to serve as a pilot in command
tors (aircraft) and flight instructors in operations under this part except be-
(simulator). fore March 19, 1997 that person need not
(a) For the purposes of this section hold a type rating for the type, class,
and § 135.340: or category of aircraft involved.
(1) A flight instructor (aircraft) is a (2) Has satisfactorily completed the
person who is qualified to instruct in appropriate training phases for the air-
an aircraft, in a flight simulator, or in craft, including recurrent training,
a flight training device for a particular that are required to serve as a pilot in
type, class, or category aircraft. command in operations under this
(2) A flight instructor (simulator) is a part;
person who is qualified to instruct in a (3) Has satisfactorily completed the
flight simulator, in a flight training
appropriate proficiency or competency
device, or in both, for a particular
checks that are required to serve as a
type, class, or category aircraft.
(3) Flight instructors (aircraft) and pilot in command in operations under
flight instructors (simulator) are those this part; and
instructors who perform the functions (4) Has satisfactorily completed the
described in § 135.321(a) and 135.323 (a)(4) applicable training requirements of
spaschal on DSKJM0X7X2PROD with CFR

and (c). § 135.340.


(b) No certificate holder may use a (d) Completion of the requirements
person, nor may any person serve as a in paragraphs (b) (2), (3), and (4) or (c)

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Federal Aviation Administration, DOT § 135.339

(2), (3), and (4) of this section, as appli- calendar month before or the calendar
cable, shall be entered in the individ- month after the month in which it is
ual’s training record maintained by the due.
certificate holder. (c) The initial ground training for
(e) An airman who does not hold a check airmen must include the fol-
medical certificate may function as a lowing:
flight instructor in an aircraft if func- (1) Check airman duties, functions,
tioning as a non-required crewmember, and responsibilities.
but may not serve as a flightcrew (2) The applicable Code of Federal
member in operations under this part. Regulations and the certificate hold-
(f) A flight instructor (simulator) er’s policies and procedures.
must accomplish the following—
(3) The applicable methods, proce-
(1) Fly at least two flight segments
as a required crewmember for the type, dures, and techniques for conducting
class, or category aircraft involved the required checks.
within the 12-month period preceding (4) Proper evaluation of student per-
the performance of any flight instruc- formance including the detection of—
tor duty in a flight simulator; or (i) Improper and insufficient train-
(2) Satisfactorily complete an ap- ing; and
proved line-observation program with- (ii) Personal characteristics of an ap-
in the period prescribed by that pro- plicant that could adversely affect
gram preceding the performance of any safety.
flight instructor duty in a flight simu- (5) The corrective action in the case
lator. of unsatisfactory checks.
(g) The flight segments or line-obser- (6) The approved methods, proce-
vation program required in paragraph dures, and limitations for performing
(f) of this section are considered com- the required normal, abnormal, and
pleted in the month required if com- emergency procedures in the aircraft.
pleted in the calendar month before, or (d) The transition ground training for
in the calendar month after, the month check airmen must include the ap-
in which they are due. proved methods, procedures, and limi-
[Doc. No. 28471, 61 FR 30744, June 17, 1996; 62 tations for performing the required
FR 3739, Jan. 24, 1997, as amended by Amdt. normal, abnormal, and emergency pro-
135–125, 76 FR 35104, June 16, 2011] cedures applicable to the aircraft to
which the check airman is in transi-
§ 135.339 Initial and transition train- tion.
ing and checking: Check airmen
(aircraft), check airmen (simulator). (e) The initial and transition flight
training for check airmen (aircraft)
(a) No certificate holder may use a must include the following—
person nor may any person serve as a
(1) The safety measures for emer-
check airman unless—
gency situations that are likely to de-
(1) That person has satisfactorily
velop during a check;
completed initial or transition check
airman training; and (2) The potential results of improper,
(2) Within the preceding 24 calendar untimely, or nonexecution of safety
months, that person satisfactorily con- measures during a check;
ducts a proficiency or competency (3) Training and practice in con-
check under the observation of an FAA ducting flight checks from the left and
inspector or an aircrew designated ex- right pilot seats in the required nor-
aminer employed by the operator. The mal, abnormal, and emergency proce-
observation check may be accom- dures to ensure competence to conduct
plished in part or in full in an aircraft, the pilot flight checks required by this
in a flight simulator, or in a flight part; and
training device. This paragraph applies (4) The safety measures to be taken
after March 19, 1997. from either pilot seat for emergency
(b) The observation check required situations that are likely to develop
spaschal on DSKJM0X7X2PROD with CFR

by paragraph (a)(2) of this section is during checking.


considered to have been completed in (f) The requirements of paragraph (e)
the month required if completed in the of this section may be accomplished in

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§ 135.340 14 CFR Ch. I (1–1–21 Edition)

full or in part in flight, in a flight sim- (3) The applicable methods, proce-
ulator, or in a flight training device, as dures, and techniques for conducting
appropriate. flight instruction.
(g) The initial and transition flight (4) Proper evaluation of student per-
training for check airmen (simulator) formance including the detection of—
must include the following: (i) Improper and insufficient train-
(1) Training and practice in con- ing; and
ducting flight checks in the required (ii) Personal characteristics of an ap-
normal, abnormal, and emergency pro- plicant that could adversely affect
cedures to ensure competence to con- safety.
duct the flight checks required by this (5) The corrective action in the case
part. This training and practice must of unsatisfactory training progress.
be accomplished in a flight simulator (6) The approved methods, proce-
or in a flight training device. dures, and limitations for performing
the required normal, abnormal, and
(2) Training in the operation of flight
emergency procedures in the aircraft.
simulators, flight training devices, or
(7) Except for holders of a flight in-
both, to ensure competence to conduct structor certificate—
the flight checks required by this part. (i) The fundamental principles of the
[Doc. No. 28471, 61 FR 30745, June 17, 1996; 62 teaching-learning process;
FR 3739, Jan. 24, 1997] (ii) Teaching methods and proce-
dures; and
§ 135.340 Initial and transition train- (iii) The instructor-student relation-
ing and checking: Flight instructors ship.
(aircraft), flight instructors (simu- (d) The transition ground training for
lator). flight instructors must include the ap-
(a) No certificate holder may use a proved methods, procedures, and limi-
person nor may any person serve as a tations for performing the required
flight instructor unless— normal, abnormal, and emergency pro-
(1) That person has satisfactorily cedures applicable to the type, class, or
completed initial or transition flight category aircraft to which the flight
instructor training; and instructor is in transition.
(2) Within the preceding 24 calendar (e) The initial and transition flight
months, that person satisfactorily con- training for flight instructors (aircraft)
ducts instruction under the observa- must include the following—
tion of an FAA inspector, an operator (1) The safety measures for emer-
check airman, or an aircrew designated gency situations that are likely to de-
examiner employed by the operator. velop during instruction;
(2) The potential results of improper
The observation check may be accom-
or untimely safety measures during in-
plished in part or in full in an aircraft,
struction;
in a flight simulator, or in a flight
(3) Training and practice from the
training device. This paragraph applies
left and right pilot seats in the re-
after March 19, 1997.
quired normal, abnormal, and emer-
(b) The observation check required gency maneuvers to ensure competence
by paragraph (a)(2) of this section is to conduct the flight instruction re-
considered to have been completed in quired by this part; and
the month required if completed in the (4) The safety measures to be taken
calendar month before, or the calendar from either the left or right pilot seat
month after, the month in which it is for emergency situations that are like-
due. ly to develop during instruction.
(c) The initial ground training for (f) The requirements of paragraph (e)
flight instructors must include the fol- of this section may be accomplished in
lowing: full or in part in flight, in a flight sim-
(1) Flight instructor duties, func- ulator, or in a flight training device, as
tions, and responsibilities. appropriate.
spaschal on DSKJM0X7X2PROD with CFR

(2) The applicable Code of Federal (g) The initial and transition flight
Regulations and the certificate hold- training for a flight instructor (simu-
er’s policies and procedures. lator) must include the following:

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Federal Aviation Administration, DOT § 135.345

(1) Training and practice in the re- (d) The certificate holder shall fur-
quired normal, abnormal, and emer- nish copies of the pilot and flight at-
gency procedures to ensure competence tendant crewmember training program,
to conduct the flight instruction re- and all changes and additions, to the
quired by this part. These maneuvers assigned representative of the Admin-
and procedures must be accomplished istrator. If the certificate holder uses
in full or in part in a flight simulator training facilities of other persons, a
or in a flight training device. copy of those training programs or ap-
(2) Training in the operation of flight propriate portions used for those facili-
simulators, flight training devices, or ties shall also be furnished. Curricula
both, to ensure competence to conduct that follow FAA published curricula
the flight instruction required by this may be cited by reference in the copy
part. of the training program furnished to
the representative of the Adminis-
[Doc. No. 28471, 61 FR 30745, June 17, 1996; 61 trator and need not be furnished with
FR 34927, July 3, 1996; 62 FR 3739, Jan. 24,
the program.
1997]
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
§ 135.341 Pilot and flight attendant amended by Amdt. 135–18, 47 FR 33396, Aug. 2,
crewmember training programs. 1982; Amdt. 135–127, 78 FR 42379, July 15, 2013;
Amdt. 135–127A, 78 FR 77574, Dec. 24, 2013]
(a) Each certificate holder, other
than one who uses only one pilot in the § 135.343 Crewmember initial and re-
certificate holder’s operations, shall current training requirements.
establish and maintain an approved No certificate holder may use a per-
pilot training program, and each cer- son, nor may any person serve, as a
tificate holder who uses a flight at- crewmember in operations under this
tendant crewmember shall establish part unless that crewmember has com-
and maintain an approved flight at- pleted the appropriate initial or recur-
tendant training program, that is ap- rent training phase of the training pro-
propriate to the operations to which gram appropriate to the type of oper-
each pilot and flight attendant is to be ation in which the crewmember is to
assigned, and will ensure that they are serve since the beginning of the 12th
adequately trained to meet the appli- calendar month before that service.
cable knowledge and practical testing This section does not apply to a certifi-
requirements of §§ 135.293 through cate holder that uses only one pilot in
135.301. However, the Administrator the certificate holder’s operations.
may authorize a deviation from this
section if the Administrator finds that, [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
because of the limited size and scope of amended by Amdt. 135–18, 47 FR 33396, Aug. 2,
1982]
the operation, safety will allow a devi-
ation from these requirements. This § 135.345 Pilots: Initial, transition, and
deviation authority does not extend to upgrade ground training.
the training provided under § 135.336.
Initial, transition, and upgrade
(b) Each certificate holder required
ground training for pilots must include
to have a training program by para-
instruction in at least the following, as
graph (a) of this section shall include
applicable to their duties:
in that program ground and flight
(a) General subjects—
training curriculums for— (1) The certificate holder’s flight lo-
(1) Initial training; cating procedures;
(2) Transition training; (2) Principles and methods for deter-
(3) Upgrade training; mining weight and balance, and run-
(4) Differences training; and way limitations for takeoff and land-
(5) Recurrent training. ing;
(c) Each certificate holder required (3) Enough meteorology to ensure a
to have a training program by para- practical knowledge of weather phe-
graph (a) of this section shall provide nomena, including the principles of
spaschal on DSKJM0X7X2PROD with CFR

current and appropriate study mate- frontal systems, icing, fog, thunder-
rials for use by each required pilot and storms, windshear and, if appropriate,
flight attendant. high altitude weather situations;

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§ 135.347 14 CFR Ch. I (1–1–21 Edition)

(4) Air traffic control systems, proce- and critical area identification, and
dures, and phraseology; knowledge of how contamination ad-
(5) Navigation and the use of naviga- versely affects airplane performance
tional aids, including instrument ap- and flight characteristics;
proach procedures; (E) Types and characteristics of deic-
(6) Normal and emergency commu- ing/anti-icing fluids, if used by the cer-
nication procedures; tificate holder;
(7) Visual cues before and during de- (F) Cold weather preflight inspection
scent below DA/DH or MDA; procedures;
(8) ETOPS, if applicable; (G) Techniques for recognizing con-
(9) After August 13, 2008, passenger tamination on the airplane;
recovery plan for any passenger-car-
(7) Operating limitations;
rying operation (other than intrastate
operations wholly within the state of (8) Fuel consumption and cruise con-
Alaska) in the North Polar area; and trol;
(10) Other instructions necessary to (9) Flight planning;
ensure the pilot’s competence. (10) Each normal and emergency pro-
(b) For each aircraft type— cedure; and
(1) A general description; (11) The approved Aircraft Flight
(2) Performance characteristics; Manual, or equivalent.
(3) Engines and propellers;
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
(4) Major components; amended by Amdt. 135–27, 53 FR 37697, Sept.
(5) Major aircraft systems (i.e., flight 27, 1988; Amdt. 135–46, 58 FR 69630, Dec. 30,
controls, electrical, and hydraulic), 1993; Amdt. 135–108, 72 FR 1885, Jan. 16, 2007;
other systems, as appropriate, prin- Amdt. 135–110, 72 FR 31685, June 7, 2007;
ciples of normal, abnormal, and emer- Amdt. 135–112, 73 FR 8798, Feb. 15, 2008]
gency operations, appropriate proce-
dures and limitations; § 135.347 Pilots: Initial, transition, up-
(6) Knowledge and procedures for— grade, and differences flight train-
(i) Recognizing and avoiding severe ing.
weather situations; (a) Initial, transition, upgrade, and
(ii) Escaping from severe weather sit- differences training for pilots must in-
uations, in case of inadvertent encoun- clude flight and practice in each of the
ters, including low-altitude windshear maneuvers and procedures in the ap-
(except that rotorcraft pilots are not proved training program curriculum.
required to be trained in escaping from (b) The maneuvers and procedures re-
low-altitude windshear); quired by paragraph (a) of this section
(iii) Operating in or near thunder- must be performed in flight, except to
storms (including best penetrating al- the extent that certain maneuvers and
titudes), turbulent air (including clear procedures may be performed in an air-
air turbulence), icing, hail, and other craft simulator, or an appropriate
potentially hazardous meteorological training device, as allowed by this sub-
conditions; and
part.
(iv) Operating airplanes during
(c) If the certificate holder’s ap-
ground icing conditions, (i.e., any time
conditions are such that frost, ice, or proved training program includes a
snow may reasonably be expected to course of training using an aircraft
adhere to the airplane), if the certifi- simulator or other training device,
cate holder expects to authorize take- each pilot must successfully com-
offs in ground icing conditions, includ- plete—
ing: (1) Training and practice in the simu-
(A) The use of holdover times when lator or training device in at least the
using deicing/anti-icing fluids; maneuvers and procedures in this sub-
(B) Airplane deicing/anti-icing proce- part that are capable of being per-
dures, including inspection and check formed in the aircraft simulator or
procedures and responsibilities; training device; and
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(C) Communications; (2) A flight check in the aircraft or a


(D) Airplane surface contamination check in the simulator or training de-
(i.e., adherence of frost, ice, or snow) vice to the level of proficiency of a

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Federal Aviation Administration, DOT § 135.361

pilot in command or second in com- emergency training as prescribed in


mand, as applicable, in at least the ma- § 135.331.
neuvers and procedures that are capa- (c) Recurrent flight training for pi-
ble of being performed in an aircraft lots must include, at least, flight train-
simulator or training device. ing in the maneuvers or procedures in
this subpart, except that satisfactory
§ 135.349 Flight attendants: Initial and completion of the check required by
transition ground training. § 135.293 within the preceding 12 cal-
Initial and transition ground train- endar months may be substituted for
ing for flight attendants must include recurrent flight training.
instruction in at least the following— [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
(a) General subjects— amended by Amdt. 135–27, 53 FR 37698, Sept.
(1) The authority of the pilot in com- 27, 1988; Amdt. 135–46, 58 FR 69630, Dec. 30,
mand; and 1993; Amdt. 135–122, 76 FR 3837, Jan. 21, 2011]
(2) Passenger handling, including pro- § 135.353 [Reserved]
cedures to be followed in handling de-
ranged persons or other persons whose
conduct might jeopardize safety. Subpart I—Airplane Performance
(b) For each aircraft type— Operating Limitations
(1) A general description of the air- § 135.361 Applicability.
craft emphasizing physical characteris-
tics that may have a bearing on ditch- (a) This subpart prescribes airplane
ing, evacuation, and inflight emer- performance operating limitations ap-
gency procedures and on other related plicable to the operation of the cat-
duties; egories of airplanes listed in § 135.363
when operated under this part.
(2) The use of both the public address
(b) For the purpose of this subpart,
system and the means of commu-
effective length of the runway, for land-
nicating with other flight crew-
ing means the distance from the point
members, including emergency means
at which the obstruction clearance
in the case of attempted hijacking or
plane associated with the approach end
other unusual situations; and
of the runway intersects the centerline
(3) Proper use of electrical galley of the runway to the far end of the run-
equipment and the controls for cabin way.
heat and ventilation. (c) For the purpose of this subpart,
obstruction clearance plane means a
§ 135.351 Recurrent training.
plane sloping upward from the runway
(a) Each certificate holder must en- at a slope of 1:20 to the horizontal, and
sure that each crewmember receives tangent to or clearing all obstructions
recurrent training and is adequately within a specified area surrounding the
trained and currently proficient for the runway as shown in a profile view of
type aircraft and crewmember position that area. In the plan view, the center-
involved. line of the specified area coincides with
(b) Recurrent ground training for the centerline of the runway, beginning
crewmembers must include at least the at the point where the obstruction
following: clearance plane intersects the center-
(1) A quiz or other review to deter- line of the runway and proceeding to a
mine the crewmember’s knowledge of point at least 1,500 feet from the begin-
the aircraft and crewmember position ning point. After that the centerline
involved. coincides with the takeoff path over
(2) Instruction as necessary in the the ground for the runway (in the case
subjects required for initial ground of takeoffs) or with the instrument ap-
training by this subpart, as appro- proach counterpart (for landings), or,
priate, including low-altitude where the applicable one of these paths
windshear training and training on op- has not been established, it proceeds
erating during ground icing conditions consistent with turns of at least 4,000-
spaschal on DSKJM0X7X2PROD with CFR

as prescribed in § 135.341 and described foot radius until a point is reached be-
in § 135.345, crew resource management yond which the obstruction clearance
training as prescribed in § 135.330, and plane clears all obstructions. This area

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§ 135.363 14 CFR Ch. I (1–1–21 Edition)

extends laterally 200 feet on each side more than the allowable weight for the
of the centerline at the point where the runway being used (determined under
obstruction clearance plane intersects the runway takeoff limitations of the
the runway and continues at this width transport category operating rules of
to the end of the runway; then it in- this subpart) after taking into account
creases uniformly to 500 feet on each the temperature operating correction
side of the centerline at a point 1,500 factors in section 4a.749a-T or section
feet from the intersection of the ob- 4b.117 of the Civil Air Regulations in
struction clearance plane with the run- effect on January 31, 1965, and in the
way; after that it extends laterally 500 applicable Airplane Flight Manual.
feet on each side of the centerline. (h) The Administrator may author-
ize in the operations specifications de-
§ 135.363 General. viations from this subpart if special
(a) Each certificate holder operating circumstances make a literal observ-
a reciprocating engine powered large ance of a requirement unnecessary for
transport category airplane shall com- safety.
ply with §§ 135.365 through 135.377. (i) The 10-mile width specified in
(b) Each certificate holder operating §§ 135.369 through 135.373 may be re-
a turbine engine powered large trans- duced to 5 miles, for not more than 20
port category airplane shall comply miles, when operating under VFR or
with §§ 135.379 through 135.387, except where navigation facilities furnish reli-
that when it operates a turbopropeller- able and accurate identification of high
powered large transport category air- ground and obstructions located out-
plane certificated after August 29, 1959, side of 5 miles, but within 10 miles, on
but previously type certificated with each side of the intended track.
the same number of reciprocating en- (j) Each certificate holder operating
gines, it may comply with §§ 135.365 a commuter category airplane shall
through 135.377. comply with § 135.398.
(c) Each certificate holder operating [Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
a large nontransport category airplane amended by Amdt. 135–21, 52 FR 1836, Jan. 15,
shall comply with §§ 135.389 through 1987]
135.395 and any determination of com-
pliance must be based only on approved § 135.364 Maximum flying time outside
the United States.
performance data. For the purpose of
this subpart, a large nontrans- port After August 13, 2008, no certificate
category airplane is an airplane that holder may operate an airplane, other
was type certificated before July 1, than an all-cargo airplane with more
1942. than two engines, on a planned route
(d) Each certificate holder operating that exceeds 180 minutes flying time
a small transport category airplane (at the one-engine-inoperative cruise
shall comply with § 135.397. speed under standard conditions in still
(e) Each certificate holder operating air) from an Adequate Airport outside
a small nontransport category airplane the continental United States unless
shall comply with § 135.399. the operation is approved by the FAA
(f) The performance data in the Air- in accordance with Appendix G of this
plane Flight Manual applies in deter- part, Extended Operations (ETOPS).
mining compliance with §§ 135.365 [Doc. No. FAA–1999–6717, 73 FR 8798, Feb. 15,
through 135.387. Where conditions are 2008]
different from those on which the per-
formance data is based, compliance is § 135.365 Large transport category air-
determined by interpolation or by com- planes: Reciprocating engine pow-
puting the effects of change in the spe- ered: Weight limitations.
cific variables, if the results of the in- (a) No person may take off a recipro-
terpolation or computations are sub- cating engine powered large transport
stantially as accurate as the results of category airplane from an airport lo-
direct tests. cated at an elevation outside of the
spaschal on DSKJM0X7X2PROD with CFR

(g) No person may take off a recipro- range for which maximum takeoff
cating engine powered large transport weights have been determined for that
category airplane at a weight that is airplane.

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Federal Aviation Administration, DOT § 135.371

(b) No person may take off a recipro- gradient. To allow for wind effect,
cating engine powered large transport takeoff data based on still air may be
category airplane for an airport of in- corrected by taking into account not
tended destination that is located at an more than 50 percent of any reported
elevation outside of the range for headwind component and not less than
which maximum landing weights have 150 percent of any reported tailwind
been determined for that airplane. component.
(c) No person may specify, or have
specified, an alternate airport that is § 135.369 Large transport category air-
located at an elevation outside of the planes: Reciprocating engine pow-
range for which maximum landing ered: En route limitations: All en-
gines operating.
weights have been determined for the
reciprocating engine powered large (a) No person operating a recipro-
transport category airplane concerned. cating engine powered large transport
(d) No person may take off a recipro- category airplane may take off that
cating engine powered large transport airplane at a weight, allowing for nor-
category airplane at a weight more mal consumption of fuel and oil, that
than the maximum authorized takeoff does not allow a rate of climb (in feet
weight for the elevation of the airport. per minute), with all engines oper-
(e) No person may take off a recipro- ating, of at least 6.90 Vso (that is, the
cating engine powered large transport number of feet per minute obtained by
category airplane if its weight on ar- multiplying the number of knots by
rival at the airport of destination will 6.90) at an altitude of a least 1,000 feet
be more than the maximum authorized above the highest ground or obstruc-
landing weight for the elevation of that tion within ten miles of each side of
airport, allowing for normal consump- the intended track.
tion of fuel and oil en route. (b) This section does not apply to
large transport category airplanes cer-
§ 135.367 Large transport category air- tificated under part 4a of the Civil Air
planes: Reciprocating engine pow- Regulations.
ered: Takeoff limitations.
(a) No person operating a recipro- § 135.371 Large transport category air-
cating engine powered large transport planes: Reciprocating engine pow-
category airplane may take off that ered: En route limitations: One en-
airplane unless it is possible— gine inoperative.
(1) To stop the airplane safely on the (a) Except as provided in paragraph
runway, as shown by the accelerate- (b) of this section, no person operating
stop distance data, at any time during a reciprocating engine powered large
takeoff until reaching critical-engine transport category airplane may take
failure speed; off that airplane at a weight, allowing
(2) If the critical engine fails at any for normal consumption of fuel and oil,
time after the airplane reaches crit- that does not allow a rate of climb (in
ical-engine failure speed V1, to con- feet per minute), with one engine inop-
tinue the takeoff and reach a height of erative, of at least (0.079¥0.106/N) Vso2
50 feet, as indicated by the takeoff path (where N is the number of engines in-
data, before passing over the end of the stalled and Vso is expressed in knots)
runway; and at an altitude of least 1,000 feet above
(3) To clear all obstacles either by at the highest ground or obstruction
least 50 feet vertically (as shown by the within 10 miles of each side of the in-
takeoff path data) or 200 feet hori- tended track. However, for the pur-
zontally within the airport boundaries poses of this paragraph the rate of
and 300 feet horizontally beyond the climb for transport category airplanes
boundaries, without banking before certificated under part 4a of the Civil
reaching a height of 50 feet (as shown Air Regulations is 0.026 Vso2.
by the takeoff path data) and after (b) In place of the requirements of
that without banking more than 15 de- paragraph (a) of this section, a person
spaschal on DSKJM0X7X2PROD with CFR

grees. may, under an approved procedure, op-


(b) In applying this section, correc- erate a reciprocating engine powered
tions must be made for any runway large transport category airplane at an

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§ 135.373 14 CFR Ch. I (1–1–21 Edition)

all-engines-operating altitude that al- alternate airport for which the appro-
lows the airplane to continue, after an priate weather reports or forecasts, or
engine failure, to an alternate airport any combination of them, indicate that
where a landing can be made under weather conditions will be at or above
§ 135.377, allowing for normal consump- the alternate weather minimum speci-
tion of fuel and oil. After the assumed fied in the certificate holder’s oper-
failure, the flight path must clear the ations specifications for that airport
ground and any obstruction within five when the flight arrives.
miles on each side of the intended
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
track by at least 2,000 feet. amended by Amdt. 135–110, 72 FR 31685, June
(c) If an approved procedure under 7, 2007]
paragraph (b) of this section is used,
the certificate holder shall comply § 135.373 Part 25 transport category
with the following: airplanes with four or more en-
(1) The rate of climb (as prescribed in gines: Reciprocating engine pow-
the Airplane Flight Manual for the ap- ered: En route limitations: Two en-
propriate weight and altitude) used in gines inoperative.
calculating the airplane’s flight path (a) No person may operate an air-
shall be diminished by an amount in plane certificated under part 25 and
feet per minute, equal to (0.079¥0.106/ having four or more engines unless—
N) Vso2 (when N is the number of en- (1) There is no place along the in-
gines installed and Vso is expressed in tended track that is more than 90 min-
knots) for airplanes certificated under utes (with all engines operating at
part 25 of this chapter and by 0.026 Vso2 cruising power) from an airport that
for airplanes certificated under part 4a meets § 135.377; or
of the Civil Air Regulations. (2) It is operated at a weight allowing
(2) The all-engines-operating altitude the airplane, with the two critical en-
shall be sufficient so that in the event gines inoperative, to climb at 0.013 Vso2
the critical engine becomes inoperative feet per minute (that is, the number of
at any point along the route, the flight feet per minute obtained by multi-
will be able to proceed to a predeter- plying the number of knots squared by
mined alternate airport by use of this 0.013) at an altitude of 1,000 feet above
procedure. In determining the takeoff the highest ground or obstruction
weight, the airplane is assumed to pass within 10 miles on each side of the in-
over the critical obstruction following tended track, or at an altitude of 5,000
engine failure at a point no closer to feet, whichever is higher.
the critical obstruction than the near- (b) For the purposes of paragraph
est approved navigational fix, unless (a)(2) of this section, it is assumed
the Administrator approves a proce- that—
dure established on a different basis (1) The two engines fail at the point
upon finding that adequate operational that is most critical with respect to
safeguards exist. the takeoff weight;
(3) The airplane must meet the provi- (2) Consumption of fuel and oil is nor-
sions of paragraph (a) of this section at mal with all engines operating up to
1,000 feet above the airport used as an the point where the two engines fail
alternate in this procedure. with two engines operating beyond
(4) The procedure must include an ap- that point;
proved method of accounting for winds (3) Where the engines are assumed to
and temperatures that would otherwise fail at an altitude above the prescribed
adversely affect the flight path. minimum altitude, compliance with
(5) In complying with this procedure, the prescribed rate of climb at the pre-
fuel jettisoning is allowed if the certifi- scribed minimum altitude need not be
cate holder shows that it has an ade- shown during the descent from the
quate training program, that proper in- cruising altitude to the prescribed min-
structions are given to the flight crew, imum altitude, if those requirements
and all other precautions are taken to can be met once the prescribed min-
spaschal on DSKJM0X7X2PROD with CFR

ensure a safe procedure. imum altitude is reached, and assum-


(6) The certificate holder and the ing descent to be along a net flight
pilot in command shall jointly elect an path and the rate of descent to be 0.013

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Federal Aviation Administration, DOT § 135.379

Vso2 greater than the rate in the ap- § 135.377 Large transport category air-
proved performance data; and planes: Reciprocating engine pow-
(4) If fuel jettisoning is provided, the ered: Landing limitations: Alternate
airplane’s weight at the point where airports.
the two engines fail is considered to be No person may list an airport as an
not less than that which would include alternate airport in a flight plan unless
enough fuel to proceed to an airport the airplane (at the weight anticipated
meeting § 135.377 and to arrive at an al- at the time of arrival at the airport),
titude of at least 1,000 feet directly based on the assumptions in § 135.375(a)
over that airport. (1) and (2), can be brought to a full stop
landing within 70 percent of the effec-
§ 135.375 Large transport category air- tive length of the runway.
planes: Reciprocating engine pow-
ered: Landing limitations: Destina- § 135.379 Large transport category air-
tion airports. planes: Turbine engine powered:
Takeoff limitations.
(a) Except as provided in paragraph
(a) No person operating a turbine en-
(b) of this section, no person operating gine powered large transport category
a reciprocating engine powered large airplane may take off that airplane at
transport category airplane may take a weight greater than that listed in the
off that airplane, unless its weight on Airplane Flight Manual for the ele-
arrival, allowing for normal consump- vation of the airport and for the ambi-
tion of fuel and oil in flight, would ent temperature existing at take- off.
allow a full stop landing at the in- (b) No person operating a turbine en-
tended destination within 60 percent of gine powered large transport category
the effective length of each runway de- airplane certificated after August 26,
scribed below from a point 50 feet di- 1957, but before August 30, 1959 (SR422,
rectly above the intersection of the ob- 422A), may take off that airplane at a
struction clearance plane and the run- weight greater than that listed in the
way. For the purposes of determining Airplane Flight Manual for the min-
the allowable landing weight at the imum distance required for takeoff. In
destination airport the following is as- the case of an airplane certificated
sumed: after September 30, 1958 (SR422A, 422B),
(1) The airplane is landed on the most the takeoff distance may include a
favorable runway and in the most fa- clearway distance but the clearway dis-
vorable direction in still air. tance included may not be greater than
one-half of the takeoff run.
(2) The airplane is landed on the most
(c) No person operating a turbine en-
suitable runway considering the prob- gine powered large transport category
able wind velocity and direction (fore- airplane certificated after August 29,
cast for the expected time of arrival), 1959 (SR422B), may take off that air-
the ground handling characteristics of plane at a weight greater than that
the type of airplane, and other condi- listed in the Airplane Flight Manual at
tions such as landing aids and terrain, which compliance with the following
and allowing for the effect of the land- may be shown:
ing path and roll of not more than 50 (1) The accelerate-stop distance, as
percent of the headwind component or defined in § 25.109 of this chapter, must
not less than 150 percent of the tail- not exceed the length of the runway
wind component. plus the length of any stopway.
(b) An airplane that would be prohib- (2) The takeoff distance must not ex-
ited from being taken off because it ceed the length of the runway plus the
could not meet paragraph (a)(2) of this length of any clearway except that the
section may be taken off if an alter- length of any clearway included must
nate airport is selected that meets all not be greater than one-half the length
of this section except that the airplane of the runway.
can accomplish a full stop landing (3) The takeoff run must not be
spaschal on DSKJM0X7X2PROD with CFR

within 70 percent of the effective greater than the length of the runway.
(d) No person operating a turbine en-
length of the runway.
gine powered large transport category

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§ 135.381 14 CFR Ch. I (1–1–21 Edition)

airplane may take off that airplane at under which the airplane was certifi-
a weight greater than that listed in the cated.
Airplane Flight Manual—
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
(1) For an airplane certificated after amended by Amdt. 135–71, 63 FR 8321, Feb. 18,
August 26, 1957, but before October 1, 1998]
1958 (SR422), that allows a takeoff path
that clears all obstacles either by at § 135.381 Large transport category air-
least (35 + 0.01 D) feet vertically (D is planes: Turbine engine powered: En
the distance along the intended flight route limitations: One engine inop-
erative.
path from the end of the runway in
feet), or by at least 200 feet hori- (a) No person operating a turbine en-
zontally within the airport boundaries gine powered large transport category
and by at least 300 feet horizontally airplane may take off that airplane at
after passing the boundaries; or a weight, allowing for normal con-
(2) For an airplane certificated after sumption of fuel and oil, that is greater
September 30, 1958 (SR422A, 422B), that than that which (under the approved,
allows a net takeoff flight path that one engine inoperative, en route net
clears all obstacles either by a height flight path data in the Airplane Flight
of at least 35 feet vertically, or by at Manual for that airplane) will allow
least 200 feet horizontally within the compliance with paragraph (a) (1) or (2)
airport boundaries and by at least 300 of this section, based on the ambient
feet horizontally after passing the temperatures expected en route.
boundaries. (1) There is a positive slope at an al-
(e) In determining maximum titude of at least 1,000 feet above all
weights, minimum distances, and flight terrain and obstructions within five
paths under paragraphs (a) through (d) statute miles on each side of the in-
tended track, and, in addition, if that
of this section, correction must be
airplane was certificated after August
made for the runway to be used, the
29, 1958 (SR422B), there is a positive
elevation of the airport, the effective
slope at 1,500 feet above the airport
runway gradient, the ambient tempera-
where the airplane is assumed to land
ture and wind component at the time
after an engine fails.
of takeoff, and, if operating limitations
(2) The net flight path allows the air-
exist for the minimum distances re-
plane to continue flight from the cruis-
quired for takeoff from wet runways,
ing altitude to an airport where a land-
the runway surface condition (dry or ing can be made under § 135.387 clearing
wet). Wet runway distances associated all terrain and obstructions within five
with grooved or porous friction course statute miles of the intended track by
runways, if provided in the Airplane at least 2,000 feet vertically and with a
Flight Manual, may be used only for positive slope at 1,000 feet above the
runways that are grooved or treated airport where the airplane lands after
with a porous friction course (PFC) an engine fails, or, if that airplane was
overlay, and that the operator deter- certificated after September 30, 1958
mines are designed, constructed, and (SR422A, 422B), with a positive slope at
maintained in a manner acceptable to 1,500 feet above the airport where the
the Administrator. airplane lands after an engine fails.
(f) For the purposes of this section, it (b) For the purpose of paragraph
is assumed that the airplane is not (a)(2) of this section, it is assumed
banked before reaching a height of 50 that—
feet, as shown by the takeoff path or (1) The engine fails at the most crit-
net takeoff flight path data (as appro- ical point en route;
priate) in the Airplane Flight Manual, (2) The airplane passes over the crit-
and after that the maximum bank is ical obstruction, after engine failure at
not more than 15 degrees. a point that is no closer to the obstruc-
(g) For the purposes of this section, tion than the approved navigation fix,
spaschal on DSKJM0X7X2PROD with CFR

the terms, takeoff distance, takeoff run, unless the Administrator authorizes a
net takeoff flight path, have the same different procedure based on adequate
meanings as set forth in the rules operational safeguards;

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Federal Aviation Administration, DOT § 135.383

(3) An approved method is used to 1,000 feet directly over the airport, and
allow for adverse winds; that the fuel and oil consumption after
(4) Fuel jettisoning will be allowed if engine failure is the same as the con-
the certificate holder shows that the sumption allowed for in the net flight
crew is properly instructed, that the path data in the Airplane Flight Man-
training program is adequate, and that ual.
all other precautions are taken to en- (b) Airplanes certificated after Sep-
sure a safe procedure; tember 30, 1958, but before August 30,
(5) The alternate airport is selected 1959 (SR422A). No person may operate a
and meets the prescribed weather mini- turbine engine powered large transport
mums; and category airplane along an intended
(6) The consumption of fuel and oil route unless that person complies with
after engine failure is the same as the either of the following:
consumption that is allowed for in the (1) There is no place along the in-
approved net flight path data in the tended track that is more than 90 min-
Airplane Flight Manual. utes (with all engines operating at
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as
cruising power) from an airport that
amended by Amdt. 135–110, 72 FR 31685, June meets § 135.387.
7, 2007] (2) Its weight, according to the two-
engine-inoperative, en route, net flight
§ 135.383 Large transport category air- path data in the Airplane Flight Man-
planes: Turbine engine powered: En ual allows the airplane to fly from the
route limitations: Two engines inop- point where the two engines are as-
erative. sumed to fail simultaneously to an air-
(a) Airplanes certificated after Au- port that meets § 135.387 with a net
gust 26, 1957, but before October 1, 1958 flight path (considering the ambient
(SR422). No person may operate a tur- temperatures anticipated along the
bine engine powered large transport track) having a positive slope at an al-
category airplane along an intended titude of at least 1,000 feet above all
route unless that person complies with terrain and obstructions within five
either of the following: statute miles on each side of the in-
(1) There is no place along the in- tended track, or at an altitude of 2,000
tended track that is more than 90 min- feet, whichever is higher.
utes (with all engines operating at
For the purpose of paragraph (b)(2) of
cruising power) from an airport that
this section, it is assumed that the two
meets § 135.387.
engines fail at the most critical point
(2) Its weight, according to the two-
en route, that the airplane’s weight at
engine-inoperative, en route, net flight
the point where the engines fail in-
path data in the Airplane Flight Man-
cludes enough fuel to continue to the
ual, allows the airplane to fly from the
airport, to arrive at an altitude of at
point where the two engines are as-
least 1,500 feet directly over the air-
sumed to fail simultaneously to an air-
port, and after that to fly for 15 min-
port that meets § 135.387, with a net
utes at cruise power or thrust, or both,
flight path (considering the ambient
and that the consumption of fuel and
temperature anticipated along the
oil after engine failure is the same as
track) having a positive slope at an al-
the consumption allowed for in the net
titude of at least 1,000 feet above all
flight path data in the Airplane Flight
terrain and obstructions within five
Manual.
statute miles on each side of the in-
(c) Aircraft certificated after August
tended track, or at an altitude of 5,000
29, 1959 (SR422B). No person may oper-
feet, whichever is higher.
ate a turbine engine powered large
For the purposes of paragraph (a)(2) of transport category airplane along an
this section, it is assumed that the two intended route unless that person com-
engines fail at the most critical point plies with either of the following:
en route, that if fuel jettisoning is pro- (1) There is no place along the in-
vided, the airplane’s weight at the tended track that is more than 90 min-
spaschal on DSKJM0X7X2PROD with CFR

point where the engines fail includes utes (with all engines operating at
enough fuel to continue to the airport cruising power) from an airport that
and to arrive at an altitude of at least meets § 135.387.

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§ 135.385 14 CFR Ch. I (1–1–21 Edition)

(2) Its weight, according to the two- large transport category airplane may
engine-inoperative, en route, net flight take off that airplane unless its weight
path data in the Airplane Flight Man- on arrival, allowing for normal con-
ual, allows the airplane to fly from the sumption of fuel and oil in flight (in
point where the two engines are as- accordance with the landing distance
sumed to fail simultaneously to an air- in the Airplane Flight Manual for the
port that meets § 135.387, with the net elevation of the destination airport and
flight path (considering the ambient the wind conditions expected there at
temperatures anticipated along the the time of landing), would allow a full
track) clearing vertically by at least stop landing at the intended destina-
2,000 feet all terrain and obstructions tion airport within 60 percent of the ef-
within five statute miles on each side fective length of each runway described
of the intended track. For the purposes below from a point 50 feet above the
of this paragraph, it is assumed that— intersection of the obstruction clear-
(i) The two engines fail at the most ance plane and the runway. For the
critical point en route; purpose of determining the allowable
(ii) The net flight path has a positive landing weight at the destination air-
slope at 1,500 feet above the airport port the following is assumed:
where the landing is assumed to be (1) The airplane is landed on the most
made after the engines fail; favorable runway and in the most fa-
(iii) Fuel jettisoning will be approved vorable direction, in still air.
if the certificate holder shows that the (2) The airplane is landed on the most
crew is properly instructed, that the suitable runway considering the prob-
training program is adequate, and that able wind velocity and direction and
all other precautions are taken to en- the ground handling characteristics of
sure a safe procedure; the airplane, and considering other
(iv) The airplane’s weight at the conditions such as landing aids and ter-
point where the two engines are as- rain.
sumed to fail provides enough fuel to (c) A turbopropeller powered airplane
continue to the airport, to arrive at an that would be prohibited from being
altitude of at least 1,500 feet directly taken off because it could not meet
over the airport, and after that to fly paragraph (b)(2) of this section, may be
for 15 minutes at cruise power or taken off if an alternate airport is se-
thrust, or both; and lected that meets all of this section ex-
(v) The consumption of fuel and oil cept that the airplane can accomplish a
after the engines fail is the same as the full stop landing within 70 percent of
consumption that is allowed for in the the effective length of the runway.
net flight path data in the Airplane (d) Unless, based on a showing of ac-
Flight Manual. tual operating landing techniques on
wet runways, a shorter landing dis-
§ 135.385 Large transport category air- tance (but never less than that re-
planes: Turbine engine powered: quired by paragraph (b) of this section)
Landing limitations: Destination has been approved for a specific type
airports. and model airplane and included in the
(a) No person operating a turbine en- Airplane Flight Manual, no person may
gine powered large transport category take off a turbojet airplane when the
airplane may take off that airplane at appropriate weather reports or fore-
a weight that (allowing for normal con- casts, or any combination of them, in-
sumption of fuel and oil in flight to the dicate that the runways at the destina-
destination or alternate airport) the tion airport may be wet or slippery at
weight of the airplane on arrival would the estimated time of arrival unless
exceed the landing weight in the Air- the effective runway length at the des-
plane Flight Manual for the elevation tination airport is at least 115 percent
of the destination or alternate airport of the runway length required under
and the ambient temperature antici- paragraph (b) of this section.
pated at the time of landing. (e) A turbojet airplane that would be
spaschal on DSKJM0X7X2PROD with CFR

(b) Except as provided in paragraph prohibited from being taken off be-
(c), (d), (e), or (f) of this section, no per- cause it could not meet paragraph
son operating a turbine engine powered (b)(2) of this section may be taken off if

494

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Federal Aviation Administration, DOT § 135.389

an alternate airport is selected that airplanes and 60 percent of the effec-


meets all of paragraph (b) of this sec- tive length of the runway for turbojet
tion. airplanes, from a point 50 feet above
(f) An eligible on-demand operator the intersection of the obstruction
may take off a turbine engine powered clearance plane and the runway.
large transport category airplane on an (b) Eligible on-demand operators may
on-demand flight if all of the following select an airport as an alternate air-
conditions exist: port for a turbine engine powered large
(1) The operation is permitted by an transport category airplane if (based
approved Destination Airport Analysis on the assumptions in § 135.385(f)) that
in that person’s operations manual. airplane, at the weight expected at the
(2) The airplane’s weight on arrival, time of arrival, can be brought to a full
allowing for normal consumption of stop landing within 80 percent of the
fuel and oil in flight (in accordance effective length of the runway from a
with the landing distance in the Air- point 50 feet above the intersection of
plane Flight Manual for the elevation the obstruction clearance plane and
of the destination airport and the wind the runway.
conditions expected there at the time
[Doc. No. FAA–2001–10047, 68 FR 54588, Sept.
of landing), would allow a full stop
17, 2003]
landing at the intended destination air-
port within 80 percent of the effective § 135.389 Large nontransport category
length of each runway described below airplanes: Takeoff limitations.
from a point 50 feet above the intersec-
tion of the obstruction clearance plane (a) No person operating a large non-
and the runway. For the purpose of de- transport category airplane may take
termining the allowable landing weight off that airplane at a weight greater
at the destination airport, the fol- than the weight that would allow the
lowing is assumed: airplane to be brought to a safe stop
(i) The airplane is landed on the most within the effective length of the run-
favorable runway and in the most fa- way, from any point during the takeoff
vorable direction, in still air. before reaching 105 percent of min-
(ii) The airplane is landed on the imum control speed (the minimum
most suitable runway considering the speed at which an airplane can be safe-
probable wind velocity and direction ly controlled in flight after an engine
and the ground handling characteris- becomes inoperative) or 115 percent of
tics of the airplane, and considering the power off stalling speed in the
other conditions such as landing aids takeoff configuration, whichever is
and terrain. greater.
(3) The operation is authorized by op- (b) For the purposes of this section—
erations specifications. (1) It may be assumed that takeoff
power is used on all engines during the
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as acceleration;
amended by Amdt. 135–91, 68 FR 54588, Sept.
17, 2003]
(2) Not more than 50 percent of the
reported headwind component, or not
§ 135.387 Large transport category air- less than 150 percent of the reported
planes: Turbine engine powered: tailwind component, may be taken into
Landing limitations: Alternate air- account;
ports. (3) The average runway gradient (the
(a) Except as provided in paragraph difference between the elevations of
(b) of this section, no person may se- the endpoints of the runway divided by
lect an airport as an alternate airport the total length) must be considered if
for a turbine engine powered large it is more than one-half of one percent;
transport category airplane unless (4) It is assumed that the airplane is
(based on the assumptions in operating in standard atmosphere; and
§ 135.385(b)) that airplane, at the weight (5) For takeoff, effective length of the
expected at the time of arrival, can be runway means the distance from the
spaschal on DSKJM0X7X2PROD with CFR

brought to a full stop landing within 70 end of the runway at which the takeoff
percent of the effective length of the is started to a point at which the ob-
runway for turbo-propeller-powered struction clearance plane associated

495

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§ 135.391 14 CFR Ch. I (1–1–21 Edition)

with the other end of the runway inter- (6) The weight of the airplane is pro-
sects the runway centerline. gressi

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