IX. THE AMENDMENTS

In consideration of the foregoing and under the authority of 49

U.S.C. 44702, the Federal Aviation Administration amends the Federal

Aviation Regulations (14 CFR parts 91, 119, 121, 125, 127, and 135) as

follows:

PART 91 -- GENERAL OPERATING AND FLIGHT RULES

1. The authority citation for part 91 is changed to read as follows:

Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,

44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,

46315, 46316, 46502, 46504, 46506-46507, 47122,, 47508, 47528-47531;

Articles 12 and 29 of the Convention on International Civil Aviation

(61 Stat. 1180). 902; 49 U.S.C. 106(g).

2. Special Federal Aviation Regulation No. 50-2 is amended by

removing the words "part 135" from paragraph (c)(2) of section 3 and

by revising section 6 to read as follows:

SFAR No. 50-2 -- Special Flight Rules in the Vicinity of the Grand

Canyon National Park, AZ

* * * * *

Sec. 6 Commercial sightseeing flights. (a) Non-stop sightseeing

flights that begin and end at the same airport, are conducted within a

25-statute-mile radius of that airport, and operate in or through the

Special Flight Rules Area during any portion of the flight are

governed by the provisions of SFAR 38-2, part 119, part 121, and 135

of this chapter, as applicable.

(b) No person holding or required to hold an air carrier

certificate or an operating certificate under SFAR 38-2 or part 119 of

this chapter may operate an aircraft having a passenger-seat

configuration of 30 seats or fewer, excluding each crewmember seat,

and a payload capacity of 7,500 pounds or less, in the Special Flight

Rules Area except as authorized by operations specifications issued

under that part.

* * * * *

3. Special Federal Aviation Regulation No. 71 is amended by revising

section 1 and the introductory text of section 7 to read as follows:

SFAR NO. 71 -- Special Operating Rules for Air Tour Operators in The

State of Hawaii

Section 1. Applicability. This Special Federal Aviation

Regulation prescribes operating rules for airplane and helicopter

visual flight rules air tour flights conducted in the State of Hawaii

under 14 CFR parts 91, 121, and 135. This rule does not apply to:

(a) Operations conducted under 14 CFR part 121 in airplanes with

a passenger seating configuration of more than 30 seats or a payload

capacity of more than 7,500 pounds.

(b) Flights conducted in gliders or hot air balloons.

* * * * *

Section 7. Passenger briefing. Before takeoff, each PIC of an

air tour flight of Hawaii with a flight segment beyond the ocean shore

of any island shall ensure that each passenger has been briefed on the

following, in addition to requirements set forth in 14 CFR 91.107,

121.571, or 135.117:

* * * * *

4. The heading of Subchapter G is revised to read as follows:

SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE:

CERTIFICATION AND OPERATIONS

5. A new part 119 is added to 14 CFR Chapter I, Subchapter G, to read

as follows:

PART 119 -- CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

Subpart A -- General

Sec.

119.1 Applicability.

119.2 Compliance with 14 CFR part 119 or SFAR 38-2 of 14 CFR part

121.

119.3 Definitions.

119.5 Certifications, authorizations, and prohibitions.

119.7 Operations specifications.

119.9 Use of business names.

Subpart B -- Applicability of Operating Requirements to Different

Kinds of Operations Under Parts 121, 125, and 135 of This Chapter

119.21 Direct air carriers and commercial operators engaged in

intrastate common carriage with airplanes.

119.23 Operators engaged in passenger-carrying operations, cargo

operations, or both with airplanes when common

carriage is not involved.

119.25 Rotorcraft operations: Direct air carriers and commercial

operators.

Subpart C--Certification, Operations Specifications, and Certain Other

Requirements for Operations Conducted Under Part 121 or Part 135 of

this Chapter

119.31 Applicability.

119.33 General requirements.

119.35 Certificate application.

119.37 Contents of an Air Carrier Certificate or Operating

Certificate.

119.39 Issuing or denying a certificate.

119.41 Amending a certificate.

119.43 Certificate holder's duty to maintain operations

specifications.

119.45 [Reserved]

119.47 Maintaining a principal base of operations, main operations

base, and main maintenance base; change of address.

119.49 Contents of operations specifications.

119.51 Amending operations specifications.

119.53 Wet leasing of aircraft and other arrangements for

transportation by air.

119.55 Obtaining deviation authority to perform operations under a

U.S. military contract.

119.57 Obtaining deviation authority to perform an emergency

operation. Obtaining deviation authority to perform an

emergency operation.

119.58 Emergencies requiring immediate decision and action.

119.59 Conducting tests and inspections.

119.61 Duration and surrender of certificate and operations

specifications.

119.63 Recency of operation.

119.65 Management personnel required for operations conducted under

part 121 of this chapter.

119.67 Management personnel: Qualifications for operations

conducted under part 121 of this chapter.

119.69 Management personnel required for operations conducted under

part 135 of this chapter.

119.71 Management personnel: Qualifications for operations

conducted under part 135 of this chapter.

Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113, 44105,

44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912,

44914, 44936, 44938, 46103, 46105.

Subpart A -- General

§ 119.1 Applicability.

(a) This part applies to each person operating or intending to

operate civil aircraft --

(1) As an air carrier or commercial operator, or both, in air

commerce or

(2) When common carriage is not involved, in operations of

U.S.-registered civil airplanes with a seat configuration of 20 or

more passengers, or a maximum payload capacity of 6,000 pounds or

more.

(b) This part prescribes --

(1) The types of air operator certificates issued by the Federal

Aviation Administration, including air carrier certificates and

operating certificates;

(2) The certification requirements an operator must meet in

order to obtain and hold a certificate authorizing operations under

part 121, 125, or 135 of this chapter and operations specifications

for each kind of operation to be conducted and each class and size of

aircraft to be operated under part 121 or 135 of this chapter;

(3) The requirements an operator must meet to conduct operations

under part 121, 125, or 135 of this chapter and in operating each

class and size of aircraft authorized in its operations

specifications;

(4) Requirements affecting wet leasing of aircraft and other

arrangements for transportation by air;

(5) Requirements for obtaining deviation authority to perform

operations under a military contract and obtaining deviation authority

to perform an emergency operation; and

(6) Requirements for management personnel for operations

conducted under part 121 or part 135 of this chapter.

(c) Persons subject to this part must comply with the other

requirements of this chapter, except where those requirements are

modified by or where additional requirements are imposed by part 119,

121, 125, or 135 of this chapter.

(d) This part does not govern operations conducted under part

129, 133, 137, or 139 of this chapter.

(e) Except for operations when common carriage is not involved

conducted with airplanes having a passenger-seat configuration of 20

seats or more, excluding any required crewmember seat, or a payload

capacity of 6,000 pounds or more, this part does not apply to --

(1) Student instruction;

(2) Nonstop sightseeing flights conducted with aircraft having a

passenger seat configuration of 30 or fewer, excluding each crewmember

seat, and a payload capacity of 7,500 pounds or less, that begin and

end at the same airport, and are conducted within a 25 statute mile

radius of that airport; however, for nonstop sightseeing flights for

compensation or hire conducted in the vicinity of the Grand Canyon

National Park, Arizona, the requirements of SFAR 50-2 of this part and

SFAR 38-2 of 14 CFR part 121 or 14 CFR part 119, as applicable, apply;

(3) Ferry or training flights;

(4) Aerial work operations, including--

(i) Crop dusting, seeding, spraying, and bird chasing;

(ii) Banner towing;

(iii) Aerial photography or survey;

(iv) Fire fighting;

(v) Helicopter operations in construction or repair work (but it

does apply to transportation to and from the site of operations); and

(vi) Powerline or pipeline patrol;

(5) Sightseeing flights conducted in hot air balloons;

(6) Nonstop flights conducted within a 25 statute mile radius of

the airport of takeoff carrying persons for the purpose of intentional

parachute jumps;

(7) Helicopter flights conducted within a 25 statute mile radius

of the airport of takeoff if--

(i) Not more than two passengers are carried in the helicopter

in addition to the required flightcrew;

(ii) Each flight is made under day VFR conditions;

(iii) The helicopter used is certificated in the standard

category and complies with the 100-hour inspection requirements of

part 91 of this chapter;

(iv) The operator notifies the FAA Flight Standards District

Office responsible for the geographic area concerned at least 72 hours

before each flight and furnishes any essential information that the

office requests;

(v) The number of flights does not exceed a total of six in any

calendar year;

(vi) Each flight has been approved by the Administrator; and

(vii) Cargo is not carried in or on the helicopter;

(8) Operations conducted under part 133 of this chapter or 375

of this title;

(9) Emergency mail service conducted under 49 U.S.C. 41906; or

(10) Operations conducted under the provisions of § 91.321 of

this chapter.

§ 119.2 Compliance with 14 CFR part 119 or SFAR 38-2 of 14 CFR part

121.

(a) Each certificate holder that before January 19, 1996, was

issued an air carrier certificate or operating certificate and

operations specifications under the requirements of part 121, part

135, or SFAR 38-2 of part 121 of this chapter shall continue to comply

with SFAR 38-2 of 14 CFR part 121 until March 20, 1997, or until the

date on which the certificate holder is issued operations

specifications in accordance with part 119, whichever occurs first.

If a certificate holder is issued operation specifications in

accordance with part 119 before March 20, 1997, then, notwithstanding

all provisions in SFAR 38-2 of 14 CFR part 121, such certificate

holder shall comply with the provisions of part 119.

(b) Each person who on or after January 19, 1996, applies for or

obtains an initial air carrier certificate or operating certificate

and operations specifications to conduct operations under part 121 or

135 of this chapter shall comply with this part notwithstanding all

provisions of SFAR 38-2 of 14 CFR part 121.

§ 119.3 Definitions.

For the purpose of subchapter G of this chapter, the term -

All-cargo operation means any operation for compensation or hire

that is other than a passenger-carrying operation or, if passengers

are carried, they are only those specified in

§§ 121.583(a) or 135.85 of this chapter.

Certificate-holding district office means the Flight Standards

District Office that has responsibility for administering the

certificate and is charged with the overall inspection of the

certificate holder's operations.

Commuter operation means any scheduled operation conducted by any

person operating one of the following types of aircraft with a

frequency of operations of at least five round trips per week on at

least one route between two or more points according to the published

flight schedules:

(1) Airplanes, other than turbojet powered airplanes, having a

maximum passenger-seat configuration of 9 seats or less, excluding

each crewmember seat, and a maximum payload capacity of 7,500 pounds

or less; or

(2) Rotorcraft.

Direct air carrier means a person who provides or offers to

provide air transportation and who has control over the operational

functions performed in providing that transportation.

Domestic operation means any scheduled operation conducted by any

person operating any airplane described in paragraph (1) of this

definition at locations described in paragraph (2) of this definition:

(1) Airplanes:

(i) Turbojet-powered airplanes;

(ii) Airplanes having a passenger-seat configuration of more

than 9 passenger seats, excluding each crewmember seat; or

(iii) Airplanes having a payload capacity of more than 7,500

pounds.

(2) Locations:

(i) Between any points within the 48 contiguous States of the

United States or the District of Columbia; or

(ii) Operations solely within the 48 contiguous States of the

United States or the District of Columbia; or

(iii) Operations entirely within any State, territory, or

possession of the United States; or

(iv) When specifically authorized by the Administrator,

operations between any point within the 48 contiguous States of the

United States or the District of Columbia and any specifically

authorized point located outside the 48 contiguous States of the

United States or the District of Columbia.

Empty weight means the weight of the airframe, engines,

propellers, rotors, and fixed equipment. Empty weight excludes the

weight of the crew and payload, but includes the weight of all fixed

ballast, unusable fuel supply, undrainable oil, total quantity of

engine coolant, and total quantity of hydraulic fluid.

Flag operation means any scheduled operation conducted by any

person operating any airplane described in paragraph (1) of this

definition at the locations described in paragraph (2) of this

definition:

(1) Airplanes:

(i) Turbojet-powered airplanes;

(ii) Airplanes having a passenger-seat configuration of more

than 9 passenger seats, excluding each crewmember seat; or

(iii) Airplanes having a payload capacity of more than 7,500

pounds.

(2) Locations:

(i) Between any point within the State of Alaska or the State of

Hawaii or any territory or possession of the United States and any

point outside the State of Alaska or the State of Hawaii or any

territory or possession of the United States, respectively; or

(ii) Between any point within the 48 contiguous States of the

United States or the District of Columbia and any point outside the 48

contiguous States of the United States and the District of Columbia.

(iii) Between any point outside the U.S. and another point

outside the U.S.

Justifiable aircraft equipment means any equipment necessary for

the operation of the aircraft. It does not include equipment or

ballast specifically installed, permanently or otherwise, for the

purpose of altering the empty weight of an aircraft to meet the

maximum payload capacity.

Kind of operation means one of the various operations a

certificate holder is authorized to conduct, as specified in its

operations specifications, i.e., domestic, flag, supplemental,

commuter, or on-demand operations.

Maximum payload capacity means:

(1) For an aircraft for which a maximum zero fuel weight is

prescribed in FAA technical specifications, the maximum zero fuel

weight, less empty weight, less all justifiable aircraft equipment,

and less the operating load (consisting of minimum flightcrew, foods

and beverages, and supplies and equipment related to foods and

beverages, but not including disposable fuel or oil).

(2) For all other aircraft, the maximum certificated takeoff

weight of an aircraft, less the empty weight, less all justifiable

aircraft equipment, and less the operating load (consisting of minimum

fuel load, oil, and flightcrew). The allowance for the weight of the

crew, oil, and fuel is as follows:

(i) Crew--for each crewmember required by the Federal Aviation

Regulations--

(A) For male flight crewmembers -- 180 pounds.

(B) For female flight crewmembers -- 140 pounds.

(C) For male flight attendants -- 180 pounds.

(D) For female flight attendants -- 130 pounds.

(E) For flight attendants not identified by gender -- 140

pounds.

(ii) Oil--350 pounds or the oil capacity as specified on the

Type Certificate Data Sheet.

(iii) Fuel--the minimum weight of fuel required by the

applicable Federal Aviation Regulations for a flight between domestic

points 174 nautical miles apart under VFR weather conditions that does

not involve extended overwater operations.

Maximum zero fuel weight means the maximum permissible weight of

an aircraft with no disposable fuel or oil. The zero fuel weight

figure may be found in either the aircraft type certificate data

sheet, the approved Aircraft Flight Manual, or both.

Noncommon carriage means an aircraft operation for compensation

or hire that does not involve a holding out to others.

On-demand operation means any operation for compensation or hire

that is one of the following:

(1) Passenger-carrying operations in which the departure time,

departure location, and arrival location are specifically negotiated

with the customer or the customer's representative that are any of the

following types of operations:

(i) Common carriage operations conducted with airplanes,

including turbojet-powered airplanes, having a passenger-seat

configuration of 30 seats or fewer, excluding each crewmember seat,

and a payload capacity of 7,500 pounds or less, except that operations

using a specific airplane that is also used in domestic or flag

operations and that is so listed in the operations specifications as

required by § 119.49(a)(4) for those operations are considered

supplemental operations;

(ii) Noncommon or private carriage operations conducted with

airplanes having a passenger-seat configuration of less than 20 seats,

excluding each crewmember seat, or a payload capacity of less than

6,000 pounds; or

(iii) Any rotorcraft operation.

(2) Scheduled passenger-carrying operations conducted with one

of the following types of aircraft with a frequency of operations of

less than five round trips per week on at least one route between two

or more points according to the published flight schedules:

(i) Airplanes, other than turbojet powered airplanes, having a

maximum passenger-seat configuration of 9 seats or less, excluding

each crewmember seat, and a maximum payload capacity of 7,500 pounds

or less; or

(ii) Rotorcraft.

(23) All-cargo operations conducted with airplanes having a

payload capacity of 7,500 pounds or less, or with rotorcraft.

Passenger-carrying operation means any aircraft operation

carrying any person, unless the only persons on the aircraft are those

identified in §§ 121.583(a) or 135.85 of this chapter, as applicable.

An aircraft used in a passenger-carrying operation may also carry

cargo or mail in addition to passengers.

Principal base of operations means the primary operating location

of a certificate holder as established by the certificate holder.

Provisional airport means an airport approved by the

Administrator for use by a certificate holder for the purpose of

providing service to a community when the regular airport used by the

certificate holder is not available.

Regular airport means an airport used by a certificate holder in

scheduled operations and listed in its operations specifications.

Scheduled operation means any common carriage passenger-carrying

operation for compensation or hire conducted by an air carrier or

commercial operator for which the certificate holder or its

representative offers in advance the departure location, departure

time, and arrival location. It does not include any operation that is

a charter operation for which the certificate holder or its

representative offers in advance the departure location, departure

time, and arrival location. It does not include any operation that is

a charter operation.

Supplemental operation means any common carriage operation for

compensation or hire conducted with any airplane described in

paragraph (1) of this definition that is a type of operation described

in paragraph (2) of this definition:

(1) Airplanes:

(i) Airplanes having a passenger-seat configuration of more than

30 seats, excluding each crewmember seat;

(ii) Airplanes having a payload capacity of more than 7,500

pounds; or

(iii) Each airplane having a passenger-seat configuration of

more than 9 seats and less than 31 seats, excluding each crewmember

seat and any turbojet powered airplane, that is also used in domestic

or flag operations and that is so listed in the operations

specifications as required by § 119.49(a)(4) for those operations.

(2) Types of operation:

(i) Operations for which the departure time, departure location,

and arrival location are specifically negotiated with the customer or

the customer's representative; or

(ii) All-cargo operations.

Wet lease means any leasing arrangement whereby a person agrees

to provide an entire aircraft and at least one crewmember.

A wet lease does not include a code-sharing arrangement.

When common carriage is not involved or operations not involving

common carriage means any of the following:

(1) Noncommon carriage.

(2) Operations in which persons or cargo are transported without

compensation or hire.

(3) Operations not involving the transportation of persons or

cargo.

(4) Private carriage.

§ 119.5 Certifications, authorizations, and prohibitions.

(a) A person authorized by the Administrator to conduct

operations as a direct air carrier will be issued an Air Carrier

Certificate.

(b) A person who is not authorized to conduct direct air carrier

operations, but who is authorized by the Administrator to conduct

operations as a U.S. commercial operator, will be issued an Operating

Certificate.

(c) A person who is not authorized to conduct direct air carrier

operations, but who is authorized by the Administrator to conduct

operations when common carriage is not involved as an operator of

U.S.-registered civil airplanes with a seat configuration of 20 or

more passengers, or a maximum payload capacity of 6,000 pounds or

more, will be issued an Operating Certificate.

(d) A person authorized to engage in common carriage under part

121 or part 135 of this chapter, or both, shall be issued only one

certificate authorizing such common carriage, regardless of the kind

of operation or the class or size of aircraft to be operated.

(e) A person authorized to engage in noncommon or private

carriage under part 125 or part 135 of this chapter, or both, shall be

issued only one certificate authorizing such carriage, regardless of

the kind of operation or the class or size of aircraft to be operated.

(f) A person conducting operations under more than one paragraph

of §§ 119.21, 119.23, or 119.25 shall conduct those operations in

compliance with--

(1) The requirements specified in each paragraph of those

sections for the kind of operation conducted under that paragraph; and

(2) The appropriate authorizations, limitations, and procedures

specified in the operations specifications for each kind of operation.

(g) No person may operate as a direct air carrier or as a

commercial operator without, or in violation of, an appropriate

certificate and appropriate operations specifications. No person may

operate as a direct air carrier or as a commercial operator in

violation of any deviation or exemption authority, if issued to that

person or that person's representative.

(h) A person holding an Operating Certificate authorizing

noncommon or private carriage operations shall not conduct any

operations in common carriage. A person holding an Air Carrier

Certificate or Operating Certificate authorizing common carriage

operations shall not conduct any operations in noncommon carriage.

(i) No person may operate as a direct air carrier without

holding appropriate economic authority from the Department of

Transportation.

(j) A certificate holder under this part may not operate

aircraft under part 121 or part 135 of this chapter in a geographical

area unless its operations specifications specifically authorize the

certificate holder to operate in that area.

§ 119.7 Operations specifications.

(a) Each certificate holder's operations specifications must

contain --

(1) The authorizations, limitations, and certain procedures

under which each kind of operation, if applicable, is to be conducted;

and

(2) Certain other procedures under which each class and size of

aircraft is to be operated.

(b) Except for operations specifications paragraphs identifying

authorized kinds of operations, operations specifications are not a

part of a certificate.

§ 119.9 Use of business names.

(a) A certificate holder under this part may not operate an

aircraft under part 121 or part 135 of this chapter using a business

name other than a business name appearing in the certificate holder's

operations specifications.

(b) Unless otherwise authorized by the Assistant Administrator

for Civil Aviation Security, no person may operate an aircraft under

part 121 or part 135 of this chapter unless the name of the

certificate holder who is operating the aircraft is legibly displayed

on the aircraft and is clearly visible and readable from the outside

of the aircraft to a person standing on the ground at any time except

during flight time. The means of displaying the name on the aircraft

and its readability must be acceptable to the Administrator.

Subpart B - Applicability of Operating Requirements to Different Kinds

of Operations Under Part 121, 125, and 135 of This Chapter

§ 119.21 Direct air carriers and commercial operators engaged in

intrastate common carriage with airplanes.

(a) Each person who conducts operations as a direct air carrier

or as a commercial operator engaged in intrastate common carriage of

persons or property for compensation or hire in air commerce, shall

comply with the certification and operations specifications

requirements in subpart C of this part, and shall conduct its:

(1) Domestic operations in accordance with the applicable

requirements of part 121 of this chapter, and shall be issued

operations specifications for those operations in accordance with

those requirements. However, based on a showing of safety in air

commerce, the Administrator may permit persons who conduct domestic

operations between any point located within Alaska's Aleutian Islands

chain and any point in the State of Alaska to comply with the

requirements applicable to flag operations contained in subpart U of

part 121 of this chapter.

(2) Flag operations in accordance with the applicable

requirements of part 121 of this chapter, and shall be issued

operations specifications for those operations in accordance with

those requirements.

(3) Supplemental operations in accordance with the applicable

requirements of part 121 of this chapter, and shall be issued

operations specifications for those operations in accordance with

those requirements. However, based on a determination of safety in

air commerce, the Administrator may authorize or require the following

operations to be conducted under paragraph (a)(1) or (2) of this

section:

(i) Passenger-carrying operations which are conducted between

points that are also served by the certificate holder's domestic or

flag operations.

(ii) All-cargo operations which are conducted regularly and

frequently between the same two points.

(4) Commuter operations in accordance with the applicable

requirements of part 135 of this chapter, and shall be issued

operations specifications for those operations in accordance with

those requirements.

(5) On-demand operations in accordance with the applicable

requirements of part 135 of this chapter, and shall be issued

operations specifications for those operations in accordance with

those requirements.

(b) Persons who are subject to the requirements of paragraph

(a)(4) of this section may conduct those operations in accordance with

the requirements of paragraph (a)(1) or (a)(2) of this section,

provided they obtain authorization from the Administrator.

(c) Persons who are subject to the requirements of paragraph

(a)(5) of this section may conduct those operations in accordance with

the requirements of paragraph (a)(3) of this section, provided they

obtain authorization from the Administrator.

§ 119.23 Operators engaged in passenger-carrying operations, cargo

operations, or both with airplanes when common carriage is not

involved.

(a) Each person who conducts operations when common carriage is

not involved with airplanes having a passenger-seat configuration of

20 seats or more, excluding each crewmember seat, or a payload

capacity of 6,000 pounds or more, shall, unless deviation authority is

issued --

(1) Comply with the certification and operations specifications

requirements of part 125 of this chapter;

(2) Conduct its operations with those airplanes in accordance

with the requirements of part 125 of this chapter; and

(3) Be issued operations specifications in accordance with those

requirements.

(b) Each person who conducts noncommon or private carriage

operations for compensation or hire with airplanes having a passenger-

seat configuration of less than 20 seats, excluding each crewmember

seat, and a payload capacity of less than 6,000 pounds shall --

(1) Comply with the certification and operations specifications

requirements in subpart C of this part;

(2) Conduct those operations in accordance with the requirements

of part 135 of this chapter, except for those requirements applicable

only to commuter operations; and

(3) Be issued operations specifications in accordance with those

requirements.

§ 119.25 Rotorcraft operations: Direct air carriers and commercial

operators.

Each person who conducts rotorcraft operations for compensation

or hire must comply with the certification and operations

specifications requirements of Subpart C of this part, and shall

conduct its:

(a) Commuter operations in accordance with the applicable

requirements of part 135 of this chapter, and shall be issued

operations specifications for those operations in accordance with

those requirements.

(b) On-demand operations in accordance with the applicable

requirements of part 135 of this chapter, and shall be issued

operations specifications for those operations in accordance with

those requirements.

Subpart C--Certification, Operations Specifications, and Certain Other

Requirements for Operations Conducted Under Part 121 or Part 135 of

this Chapter

§ 119.31 Applicability.

This subpart sets out certification requirements and prescribes

the content of operations specifications and certain other

requirements for operations conducted under part 121 or part 135 of

this chapter.

§ 119.33 General requirements.

(a) A person may not operate as a direct air carrier unless that

person --

(1) Is a citizen of the United States;

(2) Obtains an Air Carrier Certificate; and

(3) Obtains operations specifications that prescribe the

authorizations, limitations, and procedures under which each kind of

operation must be conducted.

(b) A person other than a direct air carrier may not conduct any

commercial passenger or cargo aircraft operation for compensation or

hire under part 121 or part 135 of this chapter unless that person--

(1) Is a citizen of the United States;

(2) Obtains an Operating Certificate; and

(3) Obtains operations specifications that prescribe the

authorizations, limitations, and procedures under which each kind of

operation must be conducted.

(c) Each applicant for a certificate under this part shall

conduct proving tests as authorized by the Administrator during the

application process for authority to conduct operations under part 121

or part 135 of this chapter. All proving tests must be conducted in a

manner acceptable to the Administrator. All proving tests must be

conducted under the appropriate operating and maintenance requirements

of part 121 or 135 of this chapter that would apply if the applicant

were fully certificated. The Administrator will issue a letter of

authorization to each person stating the various authorities under

which the proving tests shall be conducted.

§ 119.35 Certificate application.

(a) A person applying to the Administrator for an Air Carrier

Certificate or Operating Certificate under this part (applicant) must

submit an application--

(1) In a form and manner prescribed by the Administrator; and

(2) Containing any information the Administrator requires the

applicant to submit.

(b) Each applicant must submit the application to the

Administrator at least 90 days before the date of intended operation.

(c) Each applicant for the original issue of an operating

certificate for the purpose of conducting intrastate common carriage

operations under part 121 or part 135 of this chapter must submit an

application in a form and manner prescribed by the Administrator to

the Flight Standards District Office in whose area the applicant

proposes to establish or has established his or her principal

operations base of operations.

(d) Each application submitted under paragraph (c) of this

section must contain a signed statement showing the following:

(1) For corporate applicants:

(i) The name and address of each stockholder who owns 5 percent

or more of the total voting stock of the corporation, and if that

stockholder is not the sole beneficial owner of the stock, the name

and address of each beneficial owner. An individual is considered to

own the stock owned, directly or indirectly, by or for his or her

spouse, children, grandchildren, or parents.

(ii) The name and address of each director and each officer and

each person employed or who will be employed in a management position

described in §§ 119.65 and 119.69, as applicable.

(iii) The name and address of each person directly or indirectly

controlling or controlled by the applicant and each person under

direct or indirect control with the applicant.

(2) For non-corporate applicants:

(i) The name and address of each person having a financial

interest therein the non-corporate applicant and the nature and extent

of that interest.

(ii) The name and address of each person employed or who will be

employed in a management position described in §§ 119.65 and 119.69,

as applicable.

(e) In addition, each applicant for the original issue of an

operating certificate under paragraph (c) of this section must submit

with the application a signed statement showing--

(1) The financial information listed in paragraph (h) of this

section; and

(2) The nature and scope of its intended operation, including

the name and address of each person, if any, with whom the applicant

has a contract to provide services as a commercial operator and the

scope, nature, date, and duration of each of those contracts.

(f) Each applicant for, or holder of, a certificate issued under

paragraph (c) of this sectionthis part, shall notify the Administrator

within 10 days after--

(1) A change in any of the persons, or the names and addresses

of any of the persons, submitted to the Administrator under paragraph

(d)(1) or (d)(2) of this section; or

(2) A change in the financial information submitted to the

Administrator under paragraph (g) of this section that occurs while

the application for the issue is pending before the FAA and that would

make the applicant's financial situation substantially less favorable

than originally reported.

(g) Each applicant for the original issue of an operating

certificate under paragraph (c) of this section must submit the

following financial information:

(1) A balance sheet that shows assets, liabilities, and net

worth, as of a date not more than 60 days before the date of

application.

(2) An itemization of liabilities more than 60 days past due on

the balance sheet date, if any, showing each creditor's name and

address, a description of the liability, and the amount and due date

of the liability.

(3) An itemization of claims in litigation, if any, against the

applicant as of the date of application showing each claimant's name

and address and a description and the amount of the claim.

(4) A detailed projection of the proposed operation covering 6

complete months after the month in which the certificate is expected

to be issued including--

(i) Estimated amount and source of both operating and

nonoperating revenue, including identification of its existing and

anticipated income producing contracts and estimated revenue per mile

or hour of operation by aircraft type;

(ii) Estimated amount of operating and nonoperating expenses by

expense objective classification; and

(iii) Estimated net profit or loss for the period.

(5) An estimate of the cash that will be needed for the proposed

operations during the first 6 months after the month in which the

certificate is expected to be issued, including--

(i) Acquisition of property and equipment (explain);

(ii) Retirement of debt (explain);

(iii) Additional working capital (explain);

(iv) Operating losses other than depreciation and amortization

(explain); and

(v) Other (explain).

(6) An estimate of the cash that will be available during the

first 6 months after the month in which the certificate is expected to

be issued, from--

(i) Sale of property or flight equipment (explain);

(ii) New debt (explain);

(iii) New equity (explain);

(iv) Working capital reduction (explain);

(v) Operations (profits) (explain);

(vi) Depreciation and amortization (explain); and

(vii) Other (explain).

(7) A schedule of insurance coverage in effect on the balance

sheet date showing insurance companies; policy numbers; types,

amounts, and period of coverage; and special conditions, exclusions,

and limitations.

(8) Any other financial information that the Administrator

requires to enable him to determine that the applicant has sufficient

financial resources to conduct his or her operations with the degree

of safety required in the public interest.

(h) Each financial statement containing financial information

required by paragraph (g) of this section must be based on accounts

prepared and maintained on an accrual basis in accordance with

generally accepted accounting principles applied on a consistent

basis, and must contain the name and address of the applicant's public

accounting firm, if any. Information submitted must be signed by an

officer, owner, or partner of the applicant or certificate holder.

§ 119.37 Contents of an Air Carrier Certificate or Operating

Certificate.

The Air Carrier Certificate or Operating Certificate includes--

(a) The certificate holder's name;

(b) The location of the certificate holder's principal base of

operations;

(c) The certificate number;

(d) The certificate's effective date; and

(e) The name or the designator of the certificate-holding

district office.

§ 119.39 Issuing or denying a certificate.

(a) An applicant may be issued an Air Carrier Certificate or

Operating Certificate if, after investigation, the Administrator finds

that the applicant--

(1) Meets the applicable requirements of this part;

(2) Holds the economic authority applicable to the kinds of

operations to be conducted, issued by the Department of

Transportation, if required; and

(3) Is properly and adequately equipped in accordance with the

requirements of this chapter and is able to conduct a safe operation

under appropriate provisions of part 121 or part 135 of this chapter

and operations specifications issued under this part.

(b) An application for a certificate may be denied if the

Administrator finds that--

(1) The applicant is not properly or adequately equipped or is

not able to conduct safe operations under this subchapter;

(2) The applicant previously held an Air Carrier Certificate or

Operating Certificate which was revoked;

(3) The applicant intends to or fills a key management position

listed in § 119.65(a) or § 119.69(a), as applicable, with an

individual who exercised control over or who held the same or a

similar position with a certificate holder whose certificate was

revoked, or is in the process of being revoked, and that individual

materially contributed to the circumstances causing revocation or

causing the revocation process;

(4) An individual who will have control over or have a

substantial ownership interest in the applicant had the same or

similar control or interest in a certificate holder whose certificate

was revoked, or is in the process of being revoked, and that

individual materially contributed to the circumstances causing

revocation or causing the revocation process; or

(5) In the case of an applicant for an Operating Certificate for

intrastate common carriage, that for financial reasons the applicant

is not able to conduct a safe operation.

§ 119.41 Amending a certificate.

(a) The Administrator may amend any certificate issued under

this part if--

(1) The Administrator determines, under 49 U.S.C. 44709 and part

13 of this chapter, that safety in air commerce and the public

interest requires the amendment; or

(2) The certificate holder applies for the amendment and the

certificate-holding district office determines that safety in air

commerce and the public interest allows the amendment.

(b) When the Administrator proposes to issue an order amending,

suspending, or revoking all or part of any certificate, the procedure

in § 13.19 of this chapter applies.

(c) When the certificate holder applies for an amendment of its

certificate, the following procedure applies:

(1) The certificate holder must file an application to amend its

certificate with the certificate-holding district office at least 15

days before the date proposed by the applicant for the amendment to

become effective, unless the administrator approves filing within a

shorter period; and

(2) The application must be submitted to the certificate-holding

district office in the form and manner prescribed by the

Administrator.

(d) When a certificate holder seeks reconsideration of a

decision from the certificate-holding district office concerning

amendments of a certificate, the following procedure applies:

(1) The petition for reconsideration must be made within 30 days

after the certificate holder receives the notice of denial; and

(2) The certificate holder must petition for reconsideration to

the Director, Flight Standards Service.

§ 119.43 Certificate holder's duty to maintain operations

specifications.

(a) Each certificate holder shall maintain a complete and

separate set of its operations specifications at its principal base of

operations.

(b) Each certificate holder shall insert pertinent excerpts of

its operations specifications, or references thereto, in its manual

and shall--

(1) Clearly identify each such excerpt as a part of its

operations specifications; and

(2) State that compliance with each operations specifications

requirement is mandatory.

(c) Each certificate holder shall keep each of its employees and

other persons used in its operations informed of the provisions of its

operations specifications that apply to that employee's or person's

duties and responsibilities.

§ 119.45 [Reserved]

§ 119.47 Maintaining a principal base of operations, main operations

base, and main maintenance base; change of address.

(a) Each certificate holder must maintain a principal base of

operations. Each certificate holder may also establish a main

operations base and a main maintenance base which may be located at

either the same location as the principal base of operations or at

separate locations.

(b) At least 30 days before it proposes to establish or change

the location of its principal base of operations, its main operations

base, or its main maintenance base, a certificate holder must provide

written notification to its certificate-holding district office.

§ 119.49 Contents of operations specifications.

(a) Each certificate holder conducting domestic, flag, or

commuter operations must obtain operations specifications containing

all of the following:

(1) The specific location of the certificate holder's principal

base of operations and, if different, the address that shall serve as

the primary point of contact for correspondence between the FAA and

the certificate holder and the name and mailing address of the

certificate holder's agent for service.

(2) Other business names under which the certificate holder may

operate.

(3) Reference to the economic authority issued by the Department

of Transportation, if required.

(4) Type of aircraft, registration markings, and serial numbers

of each aircraft authorized for use, each regular and alternate

airport to be used in scheduled operations, and, except for commuter

operations, each provisional and refueling airport.

(i) Subject to the approval of the Administrator with regard to

form and content, the certificate holder may incorporate by reference

the items listed in paragraph (a)(4) of this section into the

certificate holder's operations specifications by maintaining a

current listing of those items and by referring to the specific list

in the applicable paragraph of the operations specifications.

(ii) The certificate holder may not conduct any operation using

any aircraft or airport not listed.

(5) Kinds of operations authorized.

(6) Authorization and limitations for routes and areas of

operations.

(7) Airport limitations.

(8) Time limitations, or standards for determining time

limitations, for overhauling, inspecting, and checking airframes,

engines, propellers, rotors, appliances, and emergency equipment.

(9) Authorization for the method of controlling weight and

balance of aircraft.

(10) Interline equipment interchange requirements, if relevant.

(11) Aircraft wet lease information required by § 119.53(c).

(12) Any authorized deviation and exemption granted from any

requirement of this chapter.

(13) Any other item the Administrator determines is necessary.

(b) Each certificate holder conducting supplemental operations

must obtain operations specifications containing all of the following:

(1) The specific location of the certificate holder's principal

base of operations, and, if different, the address that shall serve as

the primary point of contact for correspondence between the FAA and

the certificate holder and the name and mailing address of the

certificate holder's agent for service.

(2) Other business names under which the certificate holder may

operate.

(3) Reference to the economic authority issued by the Department

of Transportation, if required.

(4) Type of aircraft, registration markings, and serial number

of each aircraft authorized for use.

(i) Subject to the approval of the Administrator with regard to

form and content, the certificate holder may incorporate by reference

the items listed in paragraph (b)(4) of this section into the

certificate holder's operations specifications by maintaining a

current listing of those items and by referring to the specific list

in the applicable paragraph of the operations specifications.

(ii) The certificate holder may not conduct any operation using

any aircraft not listed.

(5) Kinds of operations authorized.

(6) Authorization and limitations for routes and areas of

operations.

(7) Special airport authorizations and limitations.

(8) Time limitations, or standards for determining time

limitations, for overhauling, inspecting, and checking airframes,

engines, propellers, appliances, and emergency equipment.

(9) Authorization for the method of controlling weight and

balance of aircraft.

(10) Aircraft wet lease information required by

§ 119.53(c).

(11) Any authorization or requirement to conduct supplemental

operations as provided by § 119.21(a)(3)(i) or (ii). (12) Any

authorized deviation or exemption from any requirement of this

chapter.

(13) Any other item the Administrator determines is necessary.

(c) Each certificate holder conducting on-demand operations must

obtain operations specifications containing all of the following:

(1) The specific location of the certificate holder's principal

base of operations, and if different, the address that shall serve as

the primary point of contact for correspondence between the FAA and

the name and mailing address of the certificate holder's agent for

service.

(2) Other business names under which the certificate holder may

operate.

(3) Reference to the economic authority issued by the Department

of Transportation, if required.

(4) Kind and area of operations authorized.

(5) Category and class of aircraft that may be used in those

operations.

(6) Type of aircraft, registration markings, and serial number

of each aircraft that is subject to an airworthiness maintenance

program required by § 135.411(a)(2) of this chapter.

(i) Subject to the approval of the Administrator with regard to

form and content, the certificate holder may incorporate by reference

the items listed in paragraph (c)(6) of this section into the

certificate holder's operations specifications by maintaining a

current listing of those items and by referring to the specific list

in the applicable paragraph of the operations specifications.

(ii) The certificate holder may not conduct any operation using

any aircraft not listed.

(7) Registration markings of each aircraft that is to be

inspected under an approved aircraft inspection program under

§ 135.419 of this chapter.

(8) Time limitations or standards for determining time

limitations, for overhauls, inspections, and checks for airframes,

engines, propellers, rotors, appliances, and emergency equipment of

aircraft that are subject to an airworthiness maintenance program

required by § 135.411(a)(2) of this chapter.

(9) Additional maintenance items required by the Administrator

under § 135.421 of this chapter.

(10) Aircraft wet lease information required by

§ 119.53(c).

(11) Any authorized deviation or exemption from any requirement

of this chapter.

(12) Any other item the Administrator determines is necessary.

§ 119.51 Amending operations specifications.

(a) The Administrator may amend any operations specifications

issued under this part if--

(1) The Administrator determines that safety in air commerce and

the public interest require the amendment; or

(2) The certificate holder applies for the amendment, and the

Administrator determines that safety in air commerce and the public

interest allows the amendment.

(b) Except as provided in paragraph (e) of this section, when

the Administrator initiates an amendment to a certificate holder's

operations specifications, the following procedure applies:

(1) The certificate-holding district office notifies the

certificate holder in writing of the proposed amendment.

(2) The certificate-holding district office sets a reasonable

period (but not less than 7 days) within which the certificate holder

may submit written information, views, and arguments on the amendment.

(3) After considering all material presented, the

certificate-holding district office notifies the certificate holder

of--

(i) The adoption of the proposed amendment;

(ii) The partial adoption of the proposed amendment; or

(iii) The withdrawal of the proposed amendment.

(4) If the certificate-holding district office issues an

amendment to the operations specifications, it becomes effective not

less than 30 days after the certificate holder receives notice of it

unless--

(i) The certificate-holding district office finds under

paragraph (e) of this section that there is an emergency requiring

immediate action with respect to safety in air commerce; or

(ii) The certificate holder petitions for reconsideration of the

amendment under paragraph (d) of this section.

(c) When the certificate holder applies for an amendment to its

operations specifications, the following procedure applies:

(1) The certificate holder must file an application to amend its

operations specifications --

(i) At least 90 days before the date proposed by the applicant

for the amendment to become effective, unless a shorter time is

approved, in cases of mergers; acquisitions of airline operational

assets that require an additional showing of safety (e.g., proving

tests); changes in the kind of operation as defined in § 119.3;

resumption of operations following a suspension of operations as a

result of bankruptcy actions; or the initial introduction of aircraft

not before proven for use in air carrier or commercial operator

operations.

(ii) At least 15 days before the date proposed by the applicant

for the amendment to become effective in all other cases.

(2) The application must be submitted to the certificate-holding

district office in a form and manner prescribed by the Administrator.

(3) After considering all material presented, the

certificate-holding district office notifies the certificate holder

of--

(i) The adoption of the applied for amendment;

(ii) The partial adoption of the applied for amendment; or

(iii) The denial of the applied for amendment. The certificate

holder may petition for reconsideration of a denial under paragraph

(d) of this section.

(4) If the certificate-holding district office approves the

amendment, following coordination with the certificate holder

regarding its implementation, the amendment is effective on the date

the Administrator approves it.

(d) When a certificate holder seeks reconsideration of a

decision from the certificate-holding district office concerning the

amendment of operations specifications, the following procedure

applies:

(1) The certificate holder must petition for reconsideration of

that decision within 30 days of the date that the certificate holder

receives a notice of denial of the amendment to its operations

specifications, or of the date it receives notice of an FAA-initiated

amendment to its operations specifications, whichever circumstance

applies.

(2) The certificate holder must address its petition to the

Director, Flight Standards Service.

(3) A petition for reconsideration, if filed within the

30-day period, suspends the effectiveness of any amendment issued by

the certificate-holding district office unless the certificate-holding

district office has found, under paragraph (e) of this section, that

an emergency exists requiring immediate action with respect to safety

in air transportation or air commerce.

(4) If a petition for reconsideration is not filed within 30

days, the procedures of paragraph (c) of this section apply.

(e) If the certificate-holding district office finds that an

emergency exists requiring immediate action with respect to safety in

air commerce or air transportation that makes the procedures set out

in this section impracticable or contrary to the public interest:

(1) The certificate-holding district office amends the

operations specifications and makes the amendment effective on the day

the certificate holder receives notice of it.

(2) In the notice to the certificate holder, the

certificate-holding district office articulates the reasons for its

finding that an emergency exists requiring immediate action with

respect to safety in air transportation or air commerce or that makes

it impracticable or contrary to the public interest to stay the

effectiveness of the amendment.

§ 119.53 Wet leasing of aircraft and other arrangements for

transportation by air.

(a) Unless otherwise authorized by the Administrator, prior to

conducting operations involving a wet lease, each certificate holder

under this part authorized to conduct common carriage operations under

this subchapter shall provide the Administrator with a copy of the wet

lease to be executed which would lease the aircraft to any other

person engaged in common carriage operations under this subchapter,

including foreign air carriers, or to any other foreign person engaged

in common carriage wholly outside the United States.

(b) No certificate holder under this part may wet lease from a

foreign air carrier or any other foreign person or any person not

authorized to engage in common carriage.

(c) Upon receiving a copy of a wet lease, the Administrator

determines which party to the agreement has operational control of the

aircraft and issues amendments to the operations specifications of

each party to the agreement, as needed. The lessor must provide the

following information to be incorporated into the operations

specifications of both parties, as needed.

(1) The names of the parties to the agreement and the duration

thereof.

(2) The nationality and registration markings of each aircraft

involved in the agreement.

(3) The kind of operation (e.g., domestic, flag, supplemental,

commuter, or on-demand).

(4) The airports or areas of operation.

(5) A statement specifying the party deemed to have operational

control and the times, airports, or areas under which such operational

control is exercised.

(d) In making the determination of paragraph (c) of this

section, the Administrator will consider the following:

(1) Crewmembers and training.

(2) Airworthiness and performance of maintenance.

(3) Dispatch.

(4) Servicing the aircraft.

(5) Scheduling.

(6) Any other factor the Administrator considers relevant.

(e) Other arrangements for transportation by air: Except as

provided in paragraph (f) of this section, a certificate holder under

this part operating under part 121 or 135 of this chapter may not

conduct any operation for another certificate holder under this part

or a foreign air carrier under part 129 of this chapter or a foreign

person engaged in common carriage wholly outside the United States

unless it holds applicable Department of Transportation economic

authority, if required, and is authorized under its operations

specifications to conduct the same kinds of operations (as defined in

§ 119.3). The certificate holder conducting the substitute operation

must conduct that operation in accordance with the same operations

authority held by the certificate holder arranging for the substitute

operation. These substitute operations must be conducted between

airports for which the substitute certificate holder holds authority

for scheduled operations or within areas of operations for which the

substitute certificate holder has authority for supplemental or on-

demand operations.

(f) A certificate holder under this part may, if authorized by

the Department of Transportation under § 380.3 of this title and the

Administrator in the case of interstate commuter, interstate domestic,

and flag operations, or the Administrator in the case of scheduled

intrastate common carriage operations, conduct one or more flights for

passengers who are stranded because of the cancellation of their

scheduled flights. These flights must be conducted under the rules of

part 121 or part 135 of this chapter applicable to supplemental or

on-demand operations.

§ 119.55 Obtaining deviation authority to perform operations under a

U.S. military contract.

(a) The Administrator may authorize a certificate holder that is

authorized to conduct supplemental or on-demand operations to deviate

from the applicable requirements of this part, part 121, or part 135

of this chapter in order to perform operations under a U.S. military

contract.

(b) A certificate holder that has a contract with the U.S.

Department of Defense's Air Mobility Command (AMC) must submit a

request for deviation authority to AMC. AMC will review the requests,

then forward the carriers' consolidated requests, along with AMC's

recommendations, to the FAA for review and action.

(c) The Administrator may authorize a deviation to perform

operations under a U.S. military contract under the following

conditions--

(1) The Department of Defense certifies to the Administrator

that the operation is essential to the national defense;

(2) The Department of Defense further certifies that the

certificate holder cannot perform the operation without deviation

authority;

(3) The certificate holder will perform the operation under a

contract or subcontract for the benefit of a U.S. armed service; and

(4) The Administrator finds that the deviation is based on

grounds other than economic advantage either to the certificate holder

or to the United States.

(d) In the case where the Administrator authorizes a deviation

under this section, the Administrator will issue an appropriate

amendment to the certificate holder's operations specifications.

(e) The Administrator may, at any time, terminate any grant of

deviation authority issued under this section.

§ 119.57 Obtaining deviation authority to perform an emergency

operation.

(a) In emergency conditions, the Administrator may authorize

deviations if--

(1) Those conditions necessitate the transportation of persons

or supplies for the protection of life or property; and

(2) The Administrator finds that a deviation is necessary for

the expeditious conduct of the operations.

(b) When the Administrator authorizes deviations for operations

under emergency conditions--

(1) The Administrator will issue an appropriate amendment to the

certificate holder's operations specifications; or

(2) If the nature of the emergency does not permit timely

amendment of the operations specifications--

(i) The Administrator may authorize the deviation orally; and

(ii) The certificate holder shall provide documentation

describing the nature of the emergency to the certificate-holding

district office within 24 hours after completing the operation.

§ 119.58 Emergencies requiring immediate decision and action.

(a) In an emergency situation that requires immediate decision

and action, the pilot in command may take any action that he considers

necessary under the circumstances. In such a case, he may deviate

from prescribed operations procedures and methods, weather minimums,

and this chapter to the extent required in the interest of safety.

(b) In an emergency situation arising during flight, that

requires immediate decision and action by an aircraft dispatcher or

appropriate management personnel, and that is known to him, he shall

advise the pilot in command of the emergency, shall ascertain the

decision of the pilot in command, and shall have the decision

recorded. If he cannot communicate with the pilot, he shall declare

an emergency and take any reasonable action necessary under the

circumstances.

(c) Whenever a pilot in command or a dispatcher or an

appropriate management person exercises emergency authority, he shall

keep the appropriate ATC facility, ground radio station, and, if

applicable, dispatch centers, fully informed of the progress of the

flight. The person declaring the emergency shall send a written

report of any deviation through the certificate holder's management to

the Administrator within 10 days of the emergency action.

§ 119.59 Conducting tests and inspections.

(a) At any time or place, the Administrator may conduct an

inspection or test to determine whether a certificate holder under

this part is complying with title 49 of the United States Code,

applicable regulations, the certificate, or the certificate holder's

operations specifications.

(b) The certificate holder must--

(1) Make available to the Administrator at the certificate

holder's principal base of operations--

(i) The certificate holder's Air Carrier Certificate or the

certificate holder's Operating Certificate and the certificate

holder's operations specifications; and

(ii) A current listing that will include the location and

persons responsible for each record, document, and report required to

be kept by the certificate holder under title 49 of the United States

Code applicable to the operation of the certificate holder.

(2) Allow the Administrator to make any test or inspection to

determine compliance respecting any matter stated in paragraph (a) of

this section.

(c) Each employee of, or person used by, the certificate holder

who is responsible for maintaining the certificate holder's records

must make those records available to the Administrator.

(d) The Administrator may determine a certificate holder's

continued eligibility to hold its certificate and/or operations

specifications on any grounds listed in paragraph (a) of this section,

or any other appropriate grounds.

(e) Failure by any certificate holder to make available to the

Administrator upon request, the certificate, operations

specifications, or any required record, document, or report is grounds

for suspension of all or any part of the certificate holder's

certificate and operations specifications.

(f) In the case of operators conducting intrastate common

carriage operations, these inspections and tests include inspections

and tests of financial books and records.

§ 119.61 Duration and surrender of certificate and operations

specifications.

(a) An Air Carrier Certificate or Operating Certificate issued

under this part is effective until--

(1) The certificate holder surrenders it to the Administrator;

or

(2) The Administrator suspends, revokes, or otherwise terminates

the certificate.

(b) Operations specifications issued under this part, part 121,

or part 135 of this chapter are effective unless --

(1) The Administrator suspends, revokes, or otherwise terminates

the certificate;

(2) The operations specifications are amended as provided in

§ 119.51;

(3) The certificate holder does not conduct a kind of operation

for more than the time specified in § 119.63 and fails to follow the

procedures of § 119.63 upon resuming that kind of operation; or

(4) The Administrator suspends or revokes the operations

specifications for a kind of operation.

(c) Within 30 days after a certificate holder terminates

operations under part 135 of this chapter, the operating certificate

and operations specifications must be surrendered by the certificate

holder to the certificate-holding district office.

§ 119.63 Recency of operation.

(a) Except as provided in paragraph (b) of this section, no

certificate holder may conduct a kind of operation for which it holds

authority in its operations specifications unless the certificate

holder has conducted that kind of operation within the preceding

number of consecutive calendar days specified in this paragraph:

(1) For domestic, flag, or commuter operations -- 30 days.

(2) For supplemental or on-demand operations -- 90 days, except

that if the certificate holder has authority to conduct domestic,

flag, or commuter operations, and has conducted domestic, flag or

commuter operations within the previous 30 days, this paragraph does

not apply.

(b) If a certificate holder does not conduct a kind of operation

for which it is authorized in its operations specifications within the

number of preceding 30 consecutive calendar days specified in

paragraph (a) of this section, it shall not conduct such kind of

operation unless -

(1) It advises the Administrator at least 5 consecutive calendar

days before resumption of that kind of operation; and

(2) It makes itself available and accessible during the 5

consecutive calendar day period in the event that the FAA decides to

conduct a full inspection reexaminationto determine whether the

certificate holder remains properly and adequately equipped and able

to conduct a safe operation.

§ 119.65 Management personnel required for operations conducted under

part 121 of this chapter.

(a) Each certificate holder must have sufficient qualified

management and technical personnel to ensure the highest degree of

safety in its operations. The certificate holder must have qualified

personnel serving full-time in the following or equivalent positions:

(1) Director of Safety.

(2) Director of Operations.

(3) Chief Pilot.

(4) Director of Maintenance.

(5) Chief Inspector.

(b) The Administrator may approve positions or numbers of

positions other than those listed in paragraph (a) of this section for

a particular operation if the certificate holder shows that it can

perform the operation with the highest degree of safety under the

direction of fewer or different categories of management personnel due

to --

(1) The kind of operation involved;

(2) The number and type of airplanes used; and

(3) The area of operations.

(c) The title of the positions required under paragraph (a) of

this section or the title and number of equivalent positions approved

under paragraph (b) of this section shall be set forth in the

certificate holder's operations specifications.

(d) The individuals who serve in the positions required or

approved under paragraph (a) or (b) of this section and anyone in a

position to exercise control over operations conducted under the

operating certificate must --

(1) Be qualified through training, experience, and expertise;

(2) To the extent of their responsibilities, have a full

understanding of the following materials with respect to the

certificate holder's operation-

(i) Aviation safety standards and safe operating practices;

(ii) 14 CFR Chapter I (Federal Aviation Regulations);

(iii) The certificate holder's operations specifications;

(iv) All appropriate maintenance and airworthiness requirements

of this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and

121 of this chapter); and

(v) The manual required by § 121.133 of this chapter; and

(3) Discharge their duties to meet applicable legal requirements

and to maintain safe operations.

(e) Each certificate holder must:

(1) State in the general policy provisions of the manual

required by § 121.133 of this chapter, the duties, responsibilities,

and authority of personnel required under paragraph (a) of this

section;

(2) List in the manual the names and business addresses of the

individuals assigned to those positions; and

(3) Notify the certificate-holding district office within 10

days of any change in personnel or any vacancy in any position listed.

§ 119.67 Management personnel: Qualifications for operations

conducted under part 121 of this chapter.

(a) To serve as Director of Operations under § 119.65(a) a

person must --

(1) Hold an airline transport pilot certificate;

(2) Have at least 3 years supervisory or managerial experience

within the last 6 years in a position that exercised operational

control over any operations conducted with large airplanes under part

121 or part 135 of this chapter, or if the certificate holder uses

only small airplanes in its operations, the experience may be obtained

in large or small airplanes; and

(3) In the case of a person becoming a Director of

Operations --

(i) For the first time ever, have at least 3 years experience,

within the past 6 years, as pilot in command of a large airplane

operated under part 121 or part 135 of this chapter, if the

certificate holder operates large airplanes. If the certificate

holder uses only small airplanes in its operation, the experience may

be obtained in either large or small airplanes.

(ii) In the case of a person with previous experience as a

Director of Operations, have at least 3 years experience as pilot in

command of a large airplane operated under part 121 or part 135 of

this chapter, if the certificate holder operates large airplanes. If

the certificate holder uses only small airplanes in its operation, the

experience may be obtained in either large or small airplanes.

(b) To serve as Chief Pilot under § 119.65(a) a person must hold

an airline transport pilot certificate with appropriate ratings for at

least one of the airplanes used in the certificate holder's operation

and:

(1) In the case of a person becoming a Chief Pilot for the first

time ever, have at least 3 years experience, within the past 6 years,

as pilot in command of a large airplane operated under part 121 or

part 135 of this chapter, if the certificate holder operates large

airplanes. If the certificate holder uses only small airplanes in its

operation, the experience may be obtained in either large or small

airplanes.

(2) In the case of a person with previous experience as a Chief

Pilot, have at least 3 years experience, as pilot in command of a

large airplane operated under part 121 or part 135 of this chapter, if

the certificate holder operates large airplanes. If the certificate

holder uses only small airplanes in its operation, the experience may

be obtained in either large or small airplanes.

(c) To serve as Director of Maintenance under § 119.65(a) a

person must --

(1) Hold a mechanic certificate with airframe and powerplant

ratings;

(2) Have 1 year of experience in a position responsible for

returning airplanes to service;

(3) Have at least 1 year of experience in a supervisory capacity

under either paragraph (c)(4)(i) or (c)(4)(ii) of this section

maintaining the same category and class of airplane as the certificate

holder uses; and

(4) Have 3 years experience within the past 6 years in one or a

combination of the following --

(i) Maintaining large airplanes with 10 or more passenger seats,

including at the time of appointment as Director of Maintenance,

experience in maintaining the same category and class of airplane as

the certificate holder uses; or

(ii) Repairing airplanes in a certificated airframe repair

station that is rated to maintain airplanes in the same category and

class of airplane as the certificate holder uses.

(d) To serve as Chief Inspector under § 119.65(a) a person

must --

(1) Hold a mechanic certificate with both airframe and

powerplant ratings, and have held these ratings for at least 3 years;

(2) Have at least 3 years of maintenance experience on different

types of large airplanes with 10 or more passenger seats with an air

carrier or certificated repair station, 1 year of which must have been

as maintenance inspector; and

(3) Have at least 1 year in a supervisory capacity maintaining

large aircraft with 10 or more passenger seats.

(e) A certificate holder may request a deviation to employ a

person who does not meet the appropriate airman, managerial, or

supervisory experience requirements of this section if the Manager of

the Air Transportation Division or the Manager of the Aircraft

Maintenance Division of the FAA Flight Standards Service finds that

the person has comparable experience, and can effectively perform the

functions associated with the position in accordance with the Federal

Aviation Regulations and the procedures outlined in the certificate

holder's manual. Grants of deviation under this paragraph may be

granted after consideration of the size and scope of the operation and

the qualifications of the intended personnel. The Administrator may,

at any time, terminate any grant of deviation authority issued under

this paragraph.

§ 119.69 Management personnel required for operations conducted under

part 135 of this chapter.

(a) Each certificate holder must have sufficient qualified

management and technical personnel to ensure the safety of its

operations. Except for a certificate holder using only one pilot in

its operations, the certificate holder must have qualified personnel

serving in the following or equivalent positions:

(1) Director of Operations.

(2) Chief Pilot.

(3) Director of Maintenance.

(b) The Administrator may approve positions or numbers of

positions other than those listed in paragraph (a) of this section for

a particular operation if the certificate holder shows that it can

perform the operation with the highest degree of safety under the

direction of fewer or different categories of management personnel due

to--

(1) The kind of operation involved;

(2) The number and type of aircraft used; and

(3) The area of operations.

(c) The title of the positions required under paragraph (a) of

this section or the title and number of equivalent positions approved

under paragraph (b) of this section shall be set forth in the

certificate holder's operations specifications.

(d) The individuals who serve in the positions required or

approved under paragraph (a) or (b) of this section and anyone in a

position to exercise control over operations conducted under the

operating certificate must --

(1) Be qualified through training, experience, and expertise;

(2) To the extent of their responsibilities, have a full

understanding of the following material with respect to the

certificate holder's operation --

(i) Aviation safety standards and safe operating practices;

(ii) 14 CFR Chapter I (Federal Aviation Regulations);

(iii) The certificate holder's operations specifications;

(iv) All appropriate maintenance and airworthiness requirements

of this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and

135 of this chapter); and

(v) The manual required by § 135.21 of this chapter; and

(3) Discharge their duties to meet applicable legal requirements

and to maintain safe operations.

(e) Each certificate holder must --

(1) State in the general policy provisions of the manual

required by § 135.21 of this chapter, the duties, responsibilities,

and authority of personnel required or approved under paragraph (a) or

(b), respectively, of this section;

(2) List in the manual the names and business addresses of the

individuals assigned to those positions; and

(3) Notify the certificate-holding district office within

10 days of any change in personnel or any vacancy in any position

listed.

§ 119.71 Management personnel: Qualifications for operations

conducted under part 135 of this chapter.

(a) To serve as Director of Operations under § 119.69(a) for a

certificate holder conducting any operations for which the pilot in

command is required to hold an airline transport pilot certificate a

person must hold an airline transport pilot certificate and either:

(1) Have at least 3 years supervisory or managerial experience

within the last 6 years in a position that exercised operational

control over any operations conducted under part 121 or part 135 of

this chapter; or

(2) In the case of a person becoming Director of

Operations --

(i) For the first time ever, have at least 3 years experience,

within the past 6 years, as pilot in command of an aircraft operated

under part 121 or part 135 of this chapter.

(ii) In the case of a person with previous experience as a

Director of Operations, have at least 3 years experience, as pilot in

command of an aircraft operated under part 121 or part 135 of this

chapter.

(b) To serve as Director of Operations under § 119.69(a) for a

certificate holder that only conducts operations for which the pilot

in command is required to hold a commercial pilot certificate, a

person must hold at least a commercial pilot certificate with an

instrument rating and either:

(1) Have at least 3 years supervisory or managerial experience

within the last 6 years in a position that exercised operational

control over any operations conducted under part 121 or part 135 of

this chapter; or

(2) In the case of a person becoming Director of

Operations --

(i) For the first time ever, have at least 3 years experience,

within the past 6 years, as pilot in command of an aircraft operated

under part 121 or part 135 of this chapter.

(ii) In the case of a person with previous experience as a

Director of Operations, have at least 3 years experience as pilot in

command of an aircraft operated under part 121 or part 135 of this

chapter.

(c) To serve as Chief Pilot under § 119.69(a) for a certificate

holder conducting any operation for which the pilot in command is

required to hold an airline transport pilot certificate a person must

hold an airline transport pilot certificate with appropriate ratings

and be qualified to serve as pilot in command in at least one aircraft

used in the certificate holder's operation and:

(1) In the case of a person becoming a Chief Pilot for the first

time ever, have at least 3 years experience, within the past 6 years,

as pilot in command of an aircraft operated under part 121 or part 135

of this chapter.

(2) In the case of a person with previous experience as a Chief

Pilot, have at least 3 years experience as pilot in command of an

aircraft operated under part 121 or part 135 of this chapter.

(d) To serve as Chief Pilot under § 119.69(a) for a certificate

holder that only conducts operations for which the pilot in command is

required to hold a commercial pilot certificate, a person must hold at

least a commercial pilot certificate with an instrument rating and be

qualified to serve as pilot in command in at least one aircraft used

in the certificate holder's operation and:

(1) In the case of a person becoming a Chief Pilot for the first

time ever, have at least 3 years experience, within the past 6 years,

as pilot in command of an aircraft operated under part 121 or part 135

of this chapter.

(2) In the case of a person with previous experience as a Chief

Pilot, have at least 3 years experience as pilot in command of an

aircraft operated under part 121 or part 135 of this chapter.

(e) To serve as Director of Maintenance under § 119.69(a) a

person must hold a mechanic certificate with airframe and powerplant

ratings and either:

(1) Have 3 years of experience within the past 3

yearsmaintaining aircraft as a certificated mechanic, including, at

the time of appointment as Director of Maintenance, experience in

maintaining the same category and class of aircraft as the certificate

holder uses; or

(2) Have 3 years of experience within the past 3 yearsrepairing

aircraft in a certificated airframe repair station, including 1 year

in the capacity of approving aircraft for return to service.

(f) A certificate holder may request a deviation to employ a

person who does not meet the appropriate airman, managerial, or

supervisory experience requirements of this section if the Manager of

the Air Transportation Division or the Manager of the Aircraft

Maintenance Division of the FAA Flight Standards Service finds that

the person has comparable experience, and can effectively perform the

functions associated with the position in accordance with 14 CFR

Chapter I and the procedures outlined in the certificate holder's

manual. Grants of deviation under this paragraph may be granted after

consideration of the size and scope of the operation and the

qualifications of the intended personnel. The Administrator may, at

any time, terminate any grant of deviation authority issued under this

paragraph.

PART 121 -- OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND

SUPPLEMENTAL OPERATIONS

6. The authority citation for part 121 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,

44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,

44912, 46105.

7. The heading for part 121 is revised to read as set forth above.

8. Special Federal Aviation Regulation 38-2 is amended by revising

the last paragraph to read as follows:

SFAR 38-2 -- Certification and Operating Requirements

* * * * *

This Special Federal Aviation Regulation No. 38-2 terminates

March 20, 1997.

9. A note for SFAR 50-2 is added to read as follows:

SFAR No. 50-2

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

chapter.

10. Section 121.1 is revised to read as follows:

§ 121.1 Applicability.

This part prescribes rules governing --

(a) The domestic, flag, and supplemental operations of each

person who holds or is required to hold an Air Carrier Certificate or

Operating Certificate under part 119 of this chapter.

(b) Each person employed or used by a certificate holder

conducting operations under this part including maintenance,

preventive maintenance, and alteration of aircraft.

(c) Each person who applies for provisional approval of an

Advanced Qualification Program curriculum, curriculum segment, or

portion of a curriculum segment under SFAR No. 58, 14 CFR part 121,

and each person employed or used by an air carrier or commercial

operator under this part to perform training, qualification, or

evaluation functions under an Advanced Qualification Program under

SFAR No. 58, 14 CFR part 121.

(d) Nonstop sightseeing flights conducted with airplanes having

a passenger-seat configuration of 30 seats or fewer and a maximum

payload capacity of 7,500 pounds or less that begin and end at the

same airport, and are conducted within a 25 statute mile radius of

that airport; however, except for operations subject to SFAR 50-2, 14

CFR part 121, these operations, when conducted for compensation or

hire, must comply only with §§ 121.455 and 121.457, except that an

operator who does not hold an air carrier certificate or an operating

certificate is permitted to use a person who is otherwise authorized

to perform aircraft maintenance or preventive maintenance duties and

who is not subject to FAA-approved anti-drug and alcohol misuse

prevention programs to perform --

(1) Aircraft maintenance or preventive maintenance on the

operator's aircraft if the operator would otherwise be required to

transport the aircraft more than 50 nautical miles further than the

repair point closest to the operator's principal base of operations to

obtain these services; or

(2) Emergency repairs on the operator's aircraft if the aircraft

cannot be safely operated to a location where an employee subject to

FAA-approved programs can perform the repairs.

(e) Each person who is on board an aircraft being operated under

this part.

(f) Each person who is an applicant for an Air Carrier

Certificate or an Operating Certificate under part 119 of this

chapter, when conducting proving tests.

11. Section 121.2 is added to read as follows:

§ 121.2 Compliance schedule for operators that transition to part

121; certain new entrant operators.

(a) Applicability. This section applies to the following:

(1) Each certificate holder that was issued an air carrier or

operating certificate and operations specifications under the

requirements of part 135 of this chapter or under SFAR No. 38-2 of 14

CFR part 121 before January 19, 1996, and that conducts scheduled

passenger-carrying operations with:

(i) Nontransport category turbopropeller powered airplanes type

certificated after December 31, 1964, that have a passenger seat

configuration of 10-19 seats;

(ii) Transport category turbopropeller powered airplanes that

have a passenger seat configuration of 20-30 seats; or

(iii) Turbojet engine powered airplanes having a passenger seat

configuration of 1-30 seats.

(2) Each person who, after January 19, 1996, applies for or

obtains an initial air carrier or operating certificate and operations

specifications to conduct scheduled passenger-carrying operations in

the kinds of airplanes described in paragraphs (a)(1)(i), (a)(1)(ii),

or paragraph (a)(1)(iii) of this section.

(b) Obtaining operations specifications. A certificate holder

described in paragraph (a)(1) of this section may not, after March 20,

1997, operate an airplane described in paragraphs (a)(1)(i),

(a)(1)(ii), or (a)(1)(iii) of this section in scheduled passenger-

carrying operations, unless it obtains operations specifications to

conduct its scheduled operations under this part on or before March

20, 1997.

(c) Regular or accelerated compliance. Except as provided in

paragraphs (d), (e), and (i) of this section, each certificate holder

described in paragraphs (a)(1) of this section shall comply with each

applicable requirement of this part on and after March 20, 1997, or on

and after the date on which the certificate holder is issued

operations specifications under this part, whichever occurs first.

Except as provided in paragraphs (d)and (e) of this section, each

person described in paragraph (a)(2) of this section shall comply with

each applicable requirement of this part on and after the date on

which that person is issued a certificate and operations

specifications under this part.

(d) Delayed compliance dates. Unless paragraph (e) of this

section specifies an earlier compliance date, no certificate holder

that is covered by paragraph (a) of this section may operate an

airplane in 14 CFR part 121 operations on or after a date listed in

this paragraph unless that airplane meets the applicable requirement

of this paragraph (d):

(1) Nontransport category turbopropeller powered airplanes type

certificated after December 31, 1964, that have a passenger seating

configuration of 10-19 seats. No certificate holder may operate under

this part an airplane that is described in paragraph (a)(1)(i) of this

section on or after a date listed in paragraph (d)(1) of this section

unless that airplane meets the applicable requirement listed in this

subparagraph:

(i) December 20, 1997:

(A) Section 121.289, Landing gear aural warning.

(B) Section 121.308, Lavatory fire protection.

(C) Section 121.310(e), Emergency exit handle illumination.

(D) Section 121.337(b)(8), Protective breathing equipment.

(E) Section 121.340, Emergency flotation means.

(ii) December 20, 1999: Section 121.342, Pitot heat indication

system.

(iii) December 20, 2010:

(A) For airplanes described in § 121.157(f), the Airplane

Performance Operating Limitations in §§ 121.189 through 121.197.

(B) Section 121.161(b), Ditching approval.

(C) Section 121.305(j), Third attitude indicator.

(D) Section 121.312(c), Passenger seat cushion flammability.

(2) Transport category turbopropeller powered airplanes that

have a passenger seat configuration of 20-30 seats. No certificate

holder may operate under this part an airplane that is described in

paragraph (a)(1)(ii) of this section on or after a date listed in

paragraphs (i) and (ii) unless that airplane meets the applicable

requirement listed in paragraphs (i) and (ii):

(i) December 20, 1997:

(A) Section 121.308, Lavatory fire protection.

(B) Section 121.337(b)(8) and (9), Protective breathing

equipment.

(C) Section 121.340, Emergency flotation means.

(ii) December 20, 2010: Section 121.305(j), Third attitude

indicator.

(e) Newly manufactured airplanes. No certificate holder that is

described in paragraph (a) of this section may operate under this part

an airplane manufactured on or after a date listed in this paragraph

unless that airplane meets the applicable requirement listed in this

paragraph (e).

(1) For nontransport category turbopropeller powered airplanes

type certificated after December 31, 1964, that have a passenger seat

configuration of 10-19 seats:

(i) Manufactured on or after March 20, 1997:

(A) Section 121.305(j), Third attitude indicator.

(B) Section 121.311(f), Safety belts and shoulder harnesses.

(ii) Manufactured on or after December 20, 1997: Section

121.317(a), Fasten seat belt light.

(iii) Manufactured on or after December 20, 1999: Section

121.293, Takeoff warning system.

(2) For transport category turbopropeller powered airplanes that

have a passenger seat configuration of 20-30 seats manufactured on or

after March 20, 1997: Section 121.305(j), Third attitude indicator.

(f) New type certification requirements. No person may operate

an airplane for which the application for a type certificate was filed

after March 29, 1995, in 14 CFR part 121 operations unless that

airplane is type certificated under part 25 of this chapter.

(g) Transition plan. Before March 19, 1996, each certificate

holder described in paragraph (a)(1) of this section must submit to

the FAA a transition plan (containing a calendar of events) for moving

from conducting its scheduled operations under the commuter

requirements of part 135 of this chapter to the requirements for

domestic or flag operations under this part. Each transition plan

must contain details on the following:

(1) Plans for obtaining new operations specifications

authorizing domestic or flag operations;

(2) Plans for being in compliance with the applicable

requirements of this part on or before March 20, 1997; and

(3) Plans for complying with the compliance date schedules

contained in paragraphs (d) and (e) of this section.

(h) Continuing requirements. Until each certificate holder that

is covered by paragraph (a) of this section meets the specific

compliance dates listed in paragraphs (d) and (e) of this section, the

certificate holder shall comply with the applicable airplane and

equipment requirements of part 135 of this chapter.

(i) Delayed pilot age limitation:

(1) Notwithstanding § 121.383(c), and except as provided in

paragraph (i)(2) of this section, a certificate holder covered by

paragraph (a)(1) of this section may use the services of a person as a

pilot after that person has reached his or her 60th birthday, until

December 20, 1999. Notwithstanding § 121.383(c), and except as

provided in paragraph (i)(2) of this section, a person may serve as a

pilot for a certificate holder covered by paragraph (a)(1) of this

section after that person has reached his or her 60th birthday, until

December 20, 1999.

(2) This paragraph (i)(1) applies only to persons who were

employed as pilots by a certificate holder covered by paragraph (a)(1)

of this section on or before March 20, 1997.

§§ 121.3, 121.5, 121.7, 121.9, and 121.13 [Removed]

12. Sections 121.3, 121.5, 121.7, 121.9, and 121.13 are removed.

§ 121.4 [Amended]

13. Section 121.4 is amended by removing "§ 121.3" wherever it

appears and adding in its place "part 119 of this chapter".

14. Section 121.15 is revised to read as follows:

§ 121.15 Carriage of narcotic drugs, marihuana, and depressant or

stimulant drugs or substances.

If a certificate holder operating under this part permits any

aircraft owned or leased by that holder to be engaged in any operation

that the certificate holder knows to be in violation of § 91.19(a) of

this chapter, that operation is a basis for suspending or revoking the

certificate.

Subpart B -- [Removed and Reserved]

15. Subpart B (§§ 121.21 through 121.29) is removed, and the subpart

heading is reserved.

Subpart C -- [Removed and Reserved]

16. Subpart C (§§ 121.41 through 121.61) is removed and the subpart

heading is reserved.

Subpart D -- [Removed and Reserved]

17. Subpart D (§§ 121.71 through 121.83) is removed and the subpart

heading is reserved.

18. Section 121.133 is revised to read as follows:

§ 121.133 Preparation.

(a) Each certificate holder shall prepare and keep current a

manual for the use and guidance of flight, ground operations, and

management personnel in conducting its operations.

(b) For the purpose of this subpart, the certificate holder may

prepare that part of the manual containing maintenance information and

instructions, in whole or in part, in printed form or other form

acceptable to the Administrator.

19. Section 121.135 is amended by revising paragraphs (a)(4); (b)(2);

(b)(6); (b)(7); (b)(8)(i), (ii), and (iii); (b) introductory text and

(c) to read as follows:

§ 121.135 Contents.

(a) * * *

(4) Not be contrary to any applicable Federal regulation and, in

the case of a flag or supplemental operation, any applicable foreign

regulation, or the certificate holder's operations specifications or

operating certificate.

* * * * *

(b) * * *

(2) Duties and responsibilities of each crewmember, appropriate

members of the ground organization, and management personnel.

* * * * *

(6) For domestic or flag operations, appropriate information

from the en route operations specirfications, including for each

approved route the types of airplanes authorized, the type of

operation such as VFR, IFR, day, night, etc., and any other pertinent

information.

(7) For supplemental operations, appropriate information from

the operations specifications, including the area of operations

authorized, the types of airplanes authorized, the type of operation

such as VFR, IFR, day, night, etc., and any other pertinent

information.

(8) * * *

(i) Its location (domestic and flag operations only);

(ii) Its designation (regular, alternate, provisional, etc.)

(domestic and flag operations only);

(iii) The types of airplanes authorized (domestic and flag

operations only);

* * * * *

(23) Procedures and information to assist personnel to identify

packages marked or labeled as containing hazardous materials and, if

these materials are to be carried, stored, or handled, procedures and

instructions relating to the carriage, storage, or handling of

hazardous materials, including the following:

* * *

(c) Each certificate holder shall maintain at least one complete

copy of the manual at its principal base of operations.

20. Section 121.141 is revised amended by revising the section

heading, paragraph (a), and the introductory text of paragraph (b) to

read as follows:

§ 121.141 Airplane flight manual.

(a) Each certificate holder shall keep a current approved

airplane flight manual for each type of airplane that it operates

except for nontransport category airplanes certificated before January

1, 1965.

(b) In each airplane required to have an airplane flight manual

in paragraph (a) of this section, the certificate holder shall carry

either the manual required by § 121.133, if it contains the

information required for the applicable flight manual and this

information is clearly identified as flight manual requirements, or an

approved Airplane Manual. If the certificate holder elects to carry

the manual required by § 121.133, the certificate holder may revise

the operating procedures sections and modify the presentation of

performance data from the applicable flight manual if the revised

operating procedures and modified performance date presentation are--

(1) Approved by the Administrator; and

(2) Clearly identified as airplane flight manual requirements.

* * * * *

[SEE PREAMBLE DISCUSSION UNDER VI.B.3, MANUAL REQUIREMENTS, FOR

POSSIBLE CHANGE TO (b)(2)]

21. Section 121.157 is amended by revising paragraphs (b) and (e) and

by adding new paragraphs (f), (g), and (h) to read as follows:

§ 121.157 Aircraft certification and equipment requirements.

* * * * *

(b) Airplanes certificated after June 30, 1942. Except as

provided in paragraphs (c), (d), (e), and (f) of this section, no

certificate holder may operate an airplane that was type certificated

after June 30, 1942, unless it is certificated as a transport category

airplane and meets the requirements of § 121.173(a), (b), (d), and

(e).

* * * * *

(e) Commuter category airplanes. Except as provided in

paragraphs (c) and (d) of this section, no certificate holder may

operate under this part a nontransport category airplane type

certificated after December 31, 1964, and before March 30, 1995,

unless it meets the applicable requirements of § 121.173(a), (b), (d),

(e), and (f) and was type certificated in the commuter category.

(f) Other nontransport category airplanes. Except as provided

in paragraphs (c), (d), and (e) of this section, no certificate holder

may operate under this part a nontransport category airplane type

certificated after December 31, 1964, unless it meets the applicable

requirements of § 121.173(a), (b), (d), and (e), was manufactured

before March 20, 1997, and meets one of the following:

(1) Until March 20, 1997:

(i) The airplane was type certificated in the normal category

before July 1, 1970, and meets special conditions issued by the

Administrator for airplanes intended for use in operations under part

135 of this chapter.

(ii) The airplane was type certificated in the normal category

before July 19, 1970, and meets the additional airworthiness standards

in SFAR No. 23, 14 CFR part 23.

(iii) The airplane was type certificated in the normal category

and meets the additional airworthiness standards in appendix A of part

135 of this chapter.

(iv) The airplane was type certificated in the normal category

and complies with either section 1.(a) or 1.(b) of SFAR No. 41, 14 CFR

part 21.

(2) The airplane was type certificated in the normal category,

meets the additional requirements described in paragraphs (f)(1)(i)

through (f)(1)(iv) of this section, and meets the performance

requirements in appendix K of this part.

(g) Certain newly manufactured airplanes. No certificate holder

may operate an airplane under this part that was type certificated as

described in paragraphs (f)(1)(i) through (f)(1)(iv) of this section

and that was manufactured after March 20, 1997, unless it meets the

performance requirements in appendix K of this part.

(h) Newly type certificated airplanes. No person may operate

under this part an airplane for which the application for a type

certificate is submitted after March 29, 1995, unless the airplane is

type certificated under part 25 of this chapter.

22. Section 121.159 is revised to read as follows:

§ 121.159 Single-engine airplanes prohibited.

No certificate holder may operate a single-engine airplane under

this part.

23. Section 121.161 is amended by revising paragraph (b) and by

adding a new paragraph (c) to read as follows:

§ 121.161 Airplane limitations: Type of route.

* * * * *

(b) Except as provided in paragraph (c) of this section, no

certificate holder may operate a land airplane (other than a DC-3, C-

46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) in

an extended overwater operation unless it is certificated or approved

as adequate for ditching under the ditching provisions of part 25 of

this chapter.

(c) Until December 20, 2010, a certificate holder may operate,

in an extended overwater operation, a nontransport category land

airplane type certificated after December 31, 1964, that was not

certificated or approved as adequate for ditching under the ditching

provisions of part 25 of this chapter.

24. Section 121.163 is amended by revising paragraphs (a), (b), and

(c) and the introductory text of paragraph (d) to read as follows:

§ 121.163 Airplane proving tests.

(a) Initial airplane proving tests. No person may operate an

airplane not before proven for use in a kind of operation under this

part or part 135 of this chapter unless an airplane of that type has

had, in addition to the airplane certification tests, at least 100

hours of proving tests acceptable to the Administrator, including a

representative number of flights into en route airports. The

requirement for at least 100 hours of proving tests may be reduced by

the Administrator if the Administrator determines that a satisfactory

level of proficiency has been demonstrated to justify the reduction.

At least 10 hours of proving flights must be flown at night; these

tests are irreducible.

(b) Proving tests for kinds of operations. Unless otherwise

authorized by the Administrator, for each type of airplane, a

certificate holder must conduct at least 50 hours of proving tests

acceptable to the Administrator for each kind of operation it intends

to conduct, including a representative number of flights into en route

airports.

(c) Proving tests for materially altered airplanes. Unless

otherwise authorized by the Administrator, for each type of airplane

that is materially altered in design, a certificate holder must

conduct at least 50 hours of proving tests acceptable to the

Administrator for each kind of operation it intends to conduct with

that airplane, including a representative number of flights into en

route airports.

(d) Definition of materially altered. For the purposes of

paragraph (c) of this section, a type of airplane is considered to be

materially altered in design if the alteration includes --

* * * * *

25. Subpart I is amended by removing the words "transport category"

wherever they appear.

26. Paragraphs (a), (b), (c), and (e) of § 121.173 are revised to

read as follows:

§ 121.173 General.

(a) Except as provided in paragraph (c) of this section, each

certificate holder operating a reciprocating-engine-powered airplane

shall comply with §§ 121.175 through 121.187.

(b) Except as provided in paragraph (c) of this section, each

certificate holder operating a turbine-engine-powered airplane shall

comply with the applicable provisions of §§ 121.189 through 121.197,

except that when it operates--

(1) A turbo-propeller-powered airplane type certificated after

August 29, 1959, but previously type certificated with the same number

of reciprocating engines, the certificate holder may comply with §§

121.175 through 121.187; or

(2) Until December 20, 2010, a turbo-propeller-powered airplane

described in § 121.157(f), the certificate holder may comply with the

applicable performance requirements of appendix K of this part.

(c) Each certificate holder operating a large nontransport

category airplane type certificated before January 1, 1965, shall

comply with §§ 121.199 through 121.205 and any determination of

compliance must be based only on approved performance data.

* * * * *

(e) Except as provided in paragraph (c) of this section, no

person may take off a reciprocating-engine-powered airplane at a

weight that is more than the allowable weight for the runway being

used (determined under the runway takeoff limitations of the transport

category operating rules of 14 CFR part 121, subpart I) after taking

into account the temperature operating correction factors in the

applicable Airplane Flight Manual.

* * * * *

27. Section 121.175 is amended by revising the section heading and

adding a new paragraph (f) to read as follows:

§ 121.175 Airplanes: Reciprocating-engine-powered: Weight

limitations.

* * * * *

(f) This section does not apply to large nontransport category

airplanes operated under § 121.173(c).

28. Section 121.177 is amended by revising the section heading and

adding a new paragraph (c) to read as follows:

§ 121.177 Airplanes: Reciprocating-engine-powered: Takeoff

limitations.

* * * * *

(c) This section does not apply to large nontransport category

airplanes operated under § 121.173(c).

29. Section 121.179 is amended by revising the section heading and

adding a new paragraph (c) to read as follows:

§ 121.179 Airplanes: Reciprocating-engine-powered: En route

limitations: all engines operating.

* * * * *

(c) This section does not apply to large nontransport category

airplanes operated under § 121.173(c).

30. Section 121.181 is amended by revising the section heading; by

revising the formulas in paragraphs (a) and (c)(1) to read "(0.079-

0.106/N) Vso2" and revising "0.026 Vso2" in paragraphs (a) and (c)(1) to

read "0.026 Vso2"; and adding a new paragraph (d) to read as follows:

§ 121.181 Airplanes: Reciprocating-engine-powered: En route

limitations: One engine inoperative.

* * * * *

(d) This section does not apply to large nontransport category

airplanes operated under § 121.173(c).

§ 121.183 [Amended]

31. Section 121.183 is amended by revising "0.0013 Vso2" in paragraphs

(a)(2) and (b)(3) to read "0.013 Vso2".

32. Section 121.185 is amended by revising the section heading and

adding a new paragraph (c) to read as follows:

§ 121.185 Airplanes: Reciprocating-engine-powered: Landing

limitations: Destination airport.

* * * * *

(c) This section does not apply to large nontransport category

airplanes operated under § 121.173(c).

33. Section 121.187 is amended by revising the section heading,

designating the existing text as paragraph (a), and by adding a new

paragraph (b) to read as follows:

§ 121.187 Airplanes: Reciprocating-engine-powered: Landing

limitations: Alternate airport.

* * * * *

(b) This section does not apply to large nontransport category

airplanes operated under § 121.173(c).

34. Section 121.211 is revised to read as follows:

§ 121.211 Applicability.

(a) This subpart prescribes special airworthiness requirements

applicable to certificate holders as stated in paragraphs (b) through

(e) of this section.

(b) Except as provided in paragraph (d) of this section, each

airplane type certificated under Aero Bulletin 7A or part 04 of the

Civil Air Regulations in effect before November 1, 1946 must meet the

special airworthiness requirements in §§ 121.215 through 121.283.

(c) Each certificate holder must comply with the requirements of

§§ 121.285 through 121.291.

(d) If the Administrator determines that, for a particular model

of airplane used in cargo service, literal compliance with any

requirement under paragraph (b) of this section would be extremely

difficult and that compliance would not contribute materially to the

objective sought, he may require compliance only with those

requirements that are necessary to accomplish the basic objectives of

this part.

(e) No person may operate under this part a nontransport category

airplane type certificated after December 31, 1964, unless the

airplane meets the special airworthiness requirements in § 121.293.

§ 121.213 [Reserved]

35. Section 121.213 is removed and reserved.

36. Section 121.285 is amended by revising paragraph (a) and by

adding a new paragraph (d) to read as follows:

§ 121.285 Carriage of cargo in passenger cargo compartments.

(a) Except as provided in paragraph (b), (c), or (d) or this

section, no certificate holder may carry cargo in the passenger

compartment of an airplane.

* * * * *

(d) Cargo, including carry-on baggage, may be carried anywhere in

the passenger compartment of a nontransport category airplane type

certificated after December 31, 1964, if it is carried in an approved

cargo rack, bin, or compartment installed in or on the airplane, if it

is secured by an approved means, or if it is carried in accordance

with each of the following:

(1) For cargo, it is properly secured by a safety belt or other

tie-down having enough strength to eliminate the possibility of

shifting under all normally anticipated flight and ground conditions,

or for carry-on baggage, it is restrained so as to prevent its

movement during air turbulence.

(2) It is packaged or covered to avoid possible injury to

occupants.

(3) It does not impose any load on seats or in the floor

structure that exceeds the load limitation for those components.

(4) It is not located in a position that obstructs the access

to, or use of, any required emergency or regular exit, or the use of

the aisle between the crew and the passenger compartment, or is

located in a position that obscures any passenger's view of the "seat

belt" sign, "no smoking" sign or placard, or any required exit sign,

unless an auxiliary sign or other approved means for proper

notification of the passengers is provided.

(5) It is not carried directly above seated occupants.

(6) It is stowed in compliance with this section for takeoff and

landing.

(7) For cargo-only operations, paragraph (d)(4) of this section

does not apply if the cargo is loaded so that at least one emergency

or regular exit is available to provide all occupants of the airplane

a means of unobstructed exit from the airplane if an emergency occurs.

§ 121.289 [Amended]

37. Section 121.289(a) introductory text is amended by removing the

word "large."

38. Section 121.291 is amended by revising the introductory text of

paragraph (b) and the introductory text of paragraph (c); revising

paragraph (c)(2) and (c)(4); and by adding a new sentence at the end

of paragraph (d) to read as follows:

§ 121.291 Demonstration of emergency evacuation procedures.

* * * * *

(b) Each certificate holder conducting operations with airplanes

with a seating capacity of more than 44 passengers must conduct a

partial demonstration of emergency evacuation procedures in accordance

with paragraph (c) of this section upon:

* * * * *

(c) In conducting the partial demonstration required by

paragraph (b) of this section, each certificate holder must:

* * * * *

(2) Apply for and obtain approval from the certificate-holding

district office before conducting the demonstration;

* * * * *

(4) Apply for and obtain approval from the certificate-holding

district office before commencing operations with this type and model

airplane.

(d) * * * For certificate holders subject to § 121.2(a)(1),

this paragraph applies only when a new type or model airplane is

introduced into the certificate holder's operations after January 19,

1996.

* * * * *

39. A new § 121.293 is added to read as follows:

121.293 Special airworthiness requirements for nontransport category

airplanes type certificated after December 31, 1964.

No certificate holder may operate a nontransport category

airplane manufactured after December 20, 1999, unless the airplane

contains a takeoff warning system that meets the requirements of 14

CFR 25.703. However, the takeoff warning system does not have to

cover any device for which it has been demonstrated that takeoff with

that device in the most adverse position would not create a hazardous

condition.

40. Section 121.305 is amended by revising paragraph (j) and adding a

new paragraph (k) to read as follows:

§ 121.305 Flight and navigational equipment.

* * * * *

(j) On the airplanes described in this paragraph, in addition to

two gyroscopic bank-and-pitch indicators (artificial horizons) for use

at the pilot stations, a third such instrument that complies with the

provisions of paragraph (k) of this section:

(1) On each turbojet powered airplane.

(2) On each turbopropeller powered airplane that is manufactured

after March 20, 1997.

(3) After December 20, 2010, on each turbopropeller powered

airplane having a passenger seat configuration of 10-30 seats, that

was manufactured before March 20, 1997.

(k) When required by paragraph (j) of this section, a third

gyroscopic bank-and-pitch indicator (artificial horizon) that:

(1) Is powered from a source independent of the electrical

generating system;

(2) Continues reliable operation for a minimum of 30 minutes

after total failure of the electrical generating system;

(3) Operates independently of any other attitude indicating

system;

(4) Is operative without selection after total failure of the

electrical generating system;

(5) Is located on the instrument panel in a position acceptable

to the Administrator that will make it plainly visible to and usable

by each pilot at his or her station; and

(6) Is appropriately lighted during all phases of operation.

41. Section 121.308 is revised to read as follows:

§ 121.308 Lavatory fire protection.

(a) Except as provided in paragraphs (c) and (d) of this

section, no person may operate a passenger-carrying airplane unless

each lavatory in the airplane is equipped with a smoke detector system

or equivalent that provides a warning light in the cockpit or provides

a warning light or audio warning in the passenger cabin which would be

readily detected by a flight attendant, taking into consideration the

positioning of flight attendants throughout the passenger compartment

during various phases of flight.

(b) Except as provided in paragraph (c) of this section, no

person may operate a passenger-carrying airplane unless each lavatory

in the airplane is equipped with a built-in fire extinguisher for each

disposal receptacle for towels, paper, or waste located within the

lavatory. The built-in fire extinguisher must be designed to

discharge automatically into each disposal receptacle upon occurrence

of a fire in the receptacle.

(c) Until December 20, 1997, a certificate holder described in §

121.2(a)(1) or (2) may operate an airplane with a passenger seat

configuration of 30 or fewer seats that does not comply with the

smoke detector system requirements described in paragraph (a) of this

section and the fire extinguisher requirements described in paragraph

(b) of this section.

(d) After December 20, 1997, no person may operate a

nontransport category airplane type certificated after December 31,

1964, with a passenger seat configuration of 10-19 seats unless that

airplane complies with the smoke detector system requirements

described in paragraph (a) of this section, except that the smoke

detector system or equivalent must provide a warning light in the

cockpit or an audio warning that would be readily detected by the

flightcrew.

42. Section 121.309 is amended by revising paragraphs (c)(7), (d)(1),

and (e) to read as follows:

§ 121.309 Emergency equipment.

* * * * *

(c) * * *

(7) At least two of the required hand fire extinguisher

installed in passenger-carrying airplanes must contain Halon 1211

(bromochlorofluoromethane) or equivalent as the extinguishing agent.

At least one hand fire extinguisher in the passenger compartment must

contain Halon 1211 or equivalent.

* * * * *

(d) First aid and emergency medical equipment and protective

gloves. (1) For treatment of injuries or medical emergencies that

might occur during flight time or in minor accidents each passenger-

carrying airplane must have the following equipment that meets the

specifications and requirements of appendix A of this part:

(i) Approved first aid kits and

(ii) In airplanes for which a flight attendant is required, an

emergency medical kit.

* * * * *

(e) Crash ax. Except for nontransport category airplanes type

certificated after December 31, 1964, each airplane must be equipped

with a crash ax.

* * * * *

43. Section 121.310 is amended by revising the first sentence of the

introductory text of paragraph (c); revising paragraphs (d)(1), (2),

(3), and (4); revising the introductory text of paragraph (f);

revising the introductory text of paragraph (h)(1); revising the

introductory text of paragraph (k); and revising paragraph (l) to read

as follows:

121.310 Additional emergency equipment.

* * * * *

(c) Lighting for interior emergency exit markings. Except for

nontransport category airplanes type certificated after December 31,

1964, eacg passenger-carrying airplane must have an emergency lightin

system, independent of the main lighting system. However, sources of

general cabin illumination may be common to both the emergency and the

main lighting systems if the power supply to the emergency lighting

system is independent of the power supply to the main lighting system.

The emergency lighting system must --

* * *

(d) * * *

(1) Each light must --

(i) Be operable manually both from the flightcrew station and,

for airplanes on which a flight attendant is required, from a point in

the passenger compartment that is readily accessible to a normal

flight attendant seat;

(ii) Have a means to prevent inadvertent operation of the manual

controls; and

(iii) When armed or turned on at either station, remain lighted

or become lighted upon interruption of the airplane's normal electric

power.

(2) Each light must be armed or turned on during taxiing,

takeoff, and landing. In showing compliance with this paragraph a

transverse vertical separation of the fuselage need not be considered.

(3) Each light must provide the required level of illumination

for at least 10 minutes at the critical ambient conditions after

emergency landing.

(4) Each light must have a cockpit control device that has an

"on," "off," and "armed" position.* * * *

*

(f) Emergency exit access. Access to emergency exits must be

provided as follows for each passenger-carrying transport category

airplane:

* * * * *

(h) * * *

(1) Except for nontransport category airplanes certificated

after December 31, 1964, each passenger-carrying airplane must be

equipped with exterior lighting that meets the following requirements;

* * *

(i) * * *

(J) * * *

(k) On each large passenger-carrying turbojet-powered airplane,

each ventral exit and tailcone exit must be --

* * *

(l) Portable lights. No person may operate a passenger-carrying

airplane unless it is equipped with flashlight stowage provisions

accessible from each flight attendant seat.

* * * * *

44. Section 121.311 is amended by revising the first sentence of the

introductory text of paragraph (e), by adding a new paragraph (e)(3),

by revising the introductory text of paragraph (f), and by revising

paragraph (h) to read as follows:

§ 121.311 Seats, safety belts, and shoulder harnesses.

* * * * *

(e) Except as provided in paragraphs (e)(1) through (e)(3) of

this section, no certificate holder may take off or land an airplane

unless each passenger seat back is in the upright position.

* * * * *

(3) On airplanes with no flight attendant, the certificate

holder may take off or land as long as the flightcrew instructs each

passenger to place his or her seat back in the upright position for

takeoff and landing.

(f) No person may operate a transport category airplane that was

type certificated after January 1, 1958, or a nontransport category

airplane manufactured after March 20, 1997, unless it is equipped at

each flight deck station with a combined safety belt and shoulder

harness that meets the applicable requirements specified in § 25.785

of this chapter, effective March 6, 1980, except that --

* * * * *

(h) Each occupant of a seat equipped with a shoulder harness or

with a combined safety belt and shoulder harness must have the

shoulder harness or combined safety belt and shoulder harness properly

secured about that occupant during takeoff and landing, except that a

shoulder harness that is not combined with a safety belt may be

unfastened if the occupant cannot perform the required duties with the

shoulder harness fastened.

* * * * *

45. Section 121.312 is revised to read as follows:

§ 121.312 Materials for compartment interiors.

(a) All interior materials; transport category airplanes and

nontransport category airplanes type certificated before January 1,

1965. Except for the materials covered by paragraph (b) of this

section, all materials in each compartment of a transport category

airplane, or a nontransport category airplane type certificated before

January 1, 1965, used by the crewmembers and passengers, must meet the

requirements of § 25.853 of this chapter in effect as follows, or

later amendment thereto:

(1) Airplane with passenger seating capacity of 20 or more.

(i) Manufactured after August 19, 1988, but prior to August 20,

1990. Except as provided in paragraph (a)(3)(ii) of this section,

each airplane with a passenger capacity of 20 or more and manufactured

after August 19, 1988, but prior to August 20, 1990, must comply with

the heat release rate testing provisions of § 25.853(d) in effect

March 6, 1995 (formerly § 25.853(a-1) in effect on August 20,

1986)(see App. L of this part), except that the total heat release

over the first 2 minutes of sample exposure must not exceed 100

kilowatt minutes per square meter and the peak heat release rate must

not exceed 100 kilowatts per square meter.

(ii) Manufactured after August 19, 1990. Each airplane with a

passenger capacity of 20 or more and manufactured after August 19,

1990, must comply with the heat release rate and smoke testing

provisions of § 25.853(d) in effect March 6, 1995 (formerly

§ 25.853(a-1)(see app. L of this part) in effect on September 26,

1988).

(2) Substantially complete replacement of the cabin interior on

or after May 1, 1972.

(i) Airplane for which the application for type certificate was

filed prior to May 1, 1972. Except as provided in paragraph (a)(3)(i)

or (a)(3)(ii) of this section, each airplane for which the application

for type certificate was filed prior to May 1, 1972, must comply with

the provisions of § 25.853 in effect on April 30, 1972, regardless of

passenger capacity, if there is a substantially complete replacement

of the cabin interior after April 30, 1972.

(ii) Airplane for which the application for type certificate was

filed on or after May 1, 1972. Except as provided in paragraph

(a)(3)(i) or (a)(3)(ii) of this section, each airplane for which the

application for type certificate was filed on or after May 1, 1972,

must comply with the material requirements under which the airplane

was type certificated, regardless of passenger capacity, if there is a

substantially complete replacement of the cabin interior on or after

that date.

(3) Airplane type certificated after January 1, 1958, with

passenger capacity of 20 or more.

(i) Substantially complete replacement of the cabin interior on

or after March 6, 1995. Except as provided in paragraph (a)(3)(ii) of

this section, each airplane that was type certificated after January

1, 1958, and has a passenger capacity of 20 or more, must comply with

the heat release rate testing provisions of § 25.853(d) in effect

March 6, 1995 (formerly § 25.853(a-1) in effect on August 20,

1986)(see app. L of this part), if there is a substantially complete

replacement of the cabin interior components identified in

§ 25.853(d), on or after that date, except that the total heat release

over the first 2 minutes of sample exposure shall not exceed 100

kilowatt-minutes per square meter and the peak heat release rate must

not exceed 100 kilowatts per square meter.

(ii) Substantially complete replacement of the cabin interior on

or after August 20, 1990. Each airplane that was type certificated

after January 1, 1958, and has a passenger capacity of 20 or more,

must comply with the heat release rate and smoke testing provisions of

§ 25.853(d) in effect March 6, 1995 (formerly § 25.853(a-1) in effect

on September 26, 1988)(see app. L of this part), if there is a

substantially complete replacement of the cabin interior components

identified in § 25.853(d), on or after August 20, 1990.

(4) Contrary provisions of this section notwithstanding, the

Manager of the Transport Airplane Directorate, Aircraft Certification

Service, Federal Aviation Administration, may authorize deviation from

the requirements of paragraph (a)(1)(i), (a)(1)(ii), (a)(3)(i), or

(a)(3)(ii) of this section for specific components of the cabin

interior that do not meet applicable flammability and smoke emission

requirements, if the determination is made that special circumstances

exist that make compliance impractical. Such grants of deviation will

be limited to those airplanes manufactured within 1 year after the

applicable date specified in this section and those airplanes in which

the interior is replaced within 1 year of that date. A request for

such grant of deviation must include a thorough and accurate analysis

of each component subject to § 25.853(a-1), the steps being taken to

achieve compliance, and, for the few components for which timely

compliance will not be achieved, credible reasons for such

noncompliance.

(5) Contrary provisions of this section notwithstanding, galley

carts and galley standard containers that do not meet the flammability

and smoke emission requirements of § 25.853(d) in effect March 6, 1995

(formerly § 25.853(a-1)) (see app. L of this part) may be used in

airplanes that must meet the requirements of paragraphs (a)(1)(i),

(a)(1)(ii), (a)(3)(i), or (a)(3)(ii) of this section, provided the

galley carts or standard containers were manufactured prior to March

6, 1995.

(b) Seat cushions. Seat cushions, except those on flight

crewmember seats, in each compartment occupied by crew or passengers,

must comply with the requirements pertaining to seat cushions in

§ 25.853(c) effective on November 26, 1984, on each airplane as

follows:

(1) Each transport category airplane type certificated after

January 1, 1958; and

(2) On or after December 20, 2010, each nontransport category

airplane type certificated after December 31, 1964.

(c) All interior materials; airplanes type certificated in

accordance with SFAR No. 41 of14 CFR part 21. No person may operate

an airplane that conforms to an amended or supplemental type

certificate issued in accordance with SFAR No. 41 of 14 CFR part 21

for a maximum certificated takeoff weight in excess of 12,500 pounds

unless the airplane meets the compartment interior requirements set

forth in § 25.853(a) in effect March 6, 1995 (formerly § 25.853(a),

(b), (b-1), (b-2), and (b-3) of this chapter in effect on September

26, 1978)(see app. L of this part).

(d) All interior materials; other airplanes. For each material

or seat cushion to which a requirement in paragraphs (a), (b), or (c)

of this section does not apply, the material and seat cushion in each

compartment used by the crewmembers and passengers must meet the

applicable requirement under which the airplane was type certificated.

46. Section 121.313(f) is revised to read as follows:

§ 121.313 Miscellaneous equipment.

* * * * *

(f) A door between the passenger and pilot compartments, with a

locking means to prevent passengers from opening it without the

pilot's permission, except that nontransport category airplanes

certificated after December 31, 1964, are not required to comply with

this paragraph.

* * * * *

47. Section 121.317 is amended by revising paragraphs (a), (b), and

(k) and by adding a new paragraph (l) to read as follows:

§ 121.317 Passenger information.

(a) Except as provided in paragraph (l) of this section, no

person may operate an airplane unless it is equipped with passenger

information signs that meet the requirements of § 25.791 of this

chapter. Except as provided in paragraph (l) of this section, the

signs must be constructed so that the crewmembers can turn them on and

off.

(b) Except as provided in paragraph (l) of this section, the

"Fasten Seat Belt" sign shall be turned on during any movement on the

surface, for each takeoff, for each landing, and at any other time

considered necessary by the pilot in command.

* * * * *

(k) Each passenger shall comply with instructions given him or

her by a crewmember regarding compliance with paragraphs (f), (g),

(h), and (l) of this section.

(l) A certificate holder may operate a nontransport category

airplane type certificated after December 31, 1964, that is

manufactured before December 20, 1997, if it is equipped with at least

one placard that is legible to each person seated in the cabin that

states "Fasten Seat Belt," and if, during any movement on the surface,

for each takeoff, for each landing, and at any other time considered

necessary by the pilot in command, a crewmember orally instructs the

passengers to fasten their seat belts.

48. Section 121.323(b) and (c) are revised to read as follows:

§ 121.323 Instruments and equipment for operations at night.

* * * * *

(b) An anti-collision light.

(c) Two landing lights, except that only one landing light is

required for nontransport category airplanes type certificated after

December 31, 1964.

* * * * *

49. Section 121.337 is amended by removing the words "a transport

category" from the introductory text in paragraph (b) and adding in

its pale "an", by adding a heading in paragraph (b)(8), by adding a

heading and revising the introductory text of paragraph (b)(9), and by

removing paragraph (d) to read as follows:

§ 121.337 Protective breathing equipment.

* * * * *

(b) * * *

(8) Smoke and fume protection. * * *

(9) Fire combatting. Except for nontransport category airplanes

type certificated after December 31, 1964, protective breathing

equipment with a portable breathing gas supply meeting the

requirements of this section must be easily accessible and

conveniently located for immediate use by crewmembers in combatting

fires as follows:

* * * * *

50. Section 121.340 is amended by revising paragraph (a) to read as

follows:

§ 121.340 Emergency flotation means.

(a) Except as provided in paragraph (b) of this section, no

person may operate an airplane in any overwater operation unless it is

equipped with life preservers in accordance with § 121.339(a)(1) or

with an approved flotation means for each occupant. This means must

be within easy reach of each seated occupant and must be readily

removable from the airplane.

* * * * *

51. Section 121.341 is amended by revising paragraph (a) and by

adding new paragraphs (c) and (d) to read as follows:

§ 121.341 Equipment for operations in icing conditions.

(a) Except as permitted in paragraph (c)(2) of this section,

unless an airplane is type certificated under the transport category

airworthiness requirements relating to ice protection, or unless an

airplane is a non-transport category airplane type certificated after

December 31, 1964, that has the ice protection provisions that meet

section 34 of appendix A of part 135 of this chapter, no person may

operate an airplane in icing conditions unless it is equipped with

means for the prevention or removal of ice on windshields, wings,

empennage, propellers, and other parts of the airplane where ice

formation will adversely affect the safety of the airplane.

* * * * *

(c) Non-transport category airplanes type certificated after

December 31, 1964. Except for an airplane that has ice protection

provisions that meet section 34 of appendix A of part 135 of this

chapter, or those for transport category airplane type certification,

no person may operate --

(1) Under IFR into known or forecast light or moderate icing

conditions;

(2) Under VFR into known light or moderate icing conditions;

unless the airplane has functioning deicing anti-icing equipment

protecting each propeller, windshield, wing, stabilizing or control

surface, and each airspeed, altimeter, rate of climb, or flight

attitude instrument system; or

(3) Into known or forecast severe icing conditions.

(d) If current weather reports and briefing information relied

upon by the pilot in command indicate that the forecast icing

condition that would otherwise prohibit the flight will not be

encountered during the flight because of changed weather conditions

since the forecast, the restrictions in paragraph (c) of this section

based on forecast conditions do not apply.

52. Section 121.342 is revised to read as follows:

§ 121.342 Pitot heat indication systems.

No person may operate a transport category airplane or, after

December 20, 1999, a nontransport category airplane type certificated

after December 31, 1964, that is equipped with a flight instrument

pitot heating system unless the airplane is also equipped with an

operable pitot heat indication system that complies § 25.1326 of this

chapter in effect on April 12, 1978. § 121.343 [Amended]

53. Section 121.344 is added to read as follows:

§ 121.344 Flight recorders: Airplanes with a passenger seat

configuration of 10-30 passenger seats and a payload capacity of 7,500

pounds or less.

No person may operate an airplane with a passenger seat

configuration of 10-30 passenger seats, excluding each crewmember

seat, and a payload capacity of 7,500 pounds or less unless it meets

the requirements for flight recorders in § 135.152 of this chapter. A

person operating an airplane with a passenger seat configuration of

more than 30 passenger seats, or a payload capacity of more than 7,500

pounds shall comply with § 121.343.

54. Section 121.349 is amended by adding a new paragraph (e) to read

as follows:

§ 121.349 Radio equipment for operations under VFR over routes not

navigated by pilotage or for operations under IFR or over-the-top.

* * * * *

(e) No person may operate an airplane having a passenger seat

configuration of 10 to 30 seats, excluding each crewmember seat, and a

payload of 7,500 pounds or less under IFR or in extended overwater

operations unless it has, in addition to any other required radio

communications and navigational equipment appropriate to the

facilities to be used which are capable of transmitting to, and

receiving from, at any place on the route to be flown, at least one

ground facility, two microphones, and two headsets or one headset and

one speaker.

55. Section 121.353 is amended by revising the heading and the

introductory text to read as follows:

§ 121.353 Emergency equipment for operations over uninhabited terrain

areas: Flag, supplemental, and certain domestic operations.

Unless the airplane has the following equipment, no person may

conduct a flag or supplemental operation or a domestic operation

within the States of Alaska or Hawaii over an uninhabited area or any

other area that (in its operations specifications) the Administrator

specifies required equipment for search and rescue in case of an

emergency:

* * * * *

56. Section 121.356 is amended by revising the introductory text of

paragraph (c) to read as follows:

§ 121.356 Traffic Alert and Collision Avoidance System.

* * * * *

(c) The appropriate manuals required by § 121.131 shall contain

the following information on the TCAS II System or TCAS I System, as

appropriate, as required by this section:

* * * * *

57. Section 121.357 is amended by revising paragraph (a) and

introductory text of paragraph (c) and by removing the words "an air

carrier or commercial operator" in paragraph (c)(1) and adding, in

their place, the words "a certificate holder," to read as follows:

§ 121.357 Airborne weather radar equipment requirements.

(a) No person may operate any transport category airplane

(except C-46 type airplanes) or a nontransport category airplane

certificated after December 31, 1964, unless approved airborne weather

radar equipment has been installed in the airplane.

* * * * *

(c) Each person operating an airplane required to have approved

airborne weather radar equipment installed shall, when using it under

this part, operate it in accordance with the following:

* * * * *

58. Section 121.359 is amended by removing and reserving paragraph

(b), by revising the introductory text of paragraph (c), by revising

the introductory text of paragraph (c)(2), by by redesignating

paragraphs (d) through (f) as paragraphs (f) through (h),

respectively, and adding new paragraphs (d) and (e) to read as

follows:

§ 121.359 Cockpit voice recorders.

* * * * *

(c) The cockpit voice recorder required by paragraph (a) of this

section must meet the following application standards:

* * * * *

(d) No person may operate a multiengine, turbine-powered

airplane having a passenger seat configuration of 10-19 seats unless

it is equipped with an approved cockpit voice recorder that:

(1) Is installed in compliance with § 23.1457(a)(1) and (2),

(b), (c), (d), (e), (f), and (g); § 25.1457(a)(1) and (2), (b), (c),

(d), (e), (f), and (g) of this chapter, as applicable; and

(2) Is operated continuously from the use of the checklist

before the flight to completion of the final checklist at the end of

the flight.

(e) No person may operate a multiengine, turbine-powered

airplane having a passenger seat configuration of 20 to 30 seats

unless it is equipped with an approved cockpit voice recorder that--

(1) Is installed in compliance with § 23.1457 or § 25.1457 of

this chapter, as applicable; and

(2) Is operated continuously from the use of the checklist

before the flight to completion of the final checklist at the end of

the flight.

* * * * *

59. Section 121.360 is revised to read as follows:

§ 121.360 Ground proximity warning-glide slope deviation alerting

system.

(a) No person may operate a turbine-powered airplane unless it is

equipped with a ground proximity warning system that meets the

performance and environmental standards of TSO-C92 or incorporates

TSO-approved ground proximity warning equipment.

(b) For the ground proximity warning system required by this

section, the Airplane Flight Manual shall contain-

(1) Appropriate procedures for-

(i) The use of the equipment;

(ii) Proper flightcrew action with respect to the equipment; (iii)

Deactivation for planned abnormal and emergency conditions;

(iv) Inhibition of Mode 4 warnings based on flaps being in other

than the landing configuration if the system incorporates a Mode 4

flap warning inhibition control; and

(2) An outline of all input sources that must be operating.

(c) No person may deactivate a ground proximity warning system

required by this section except in accordance with the procedures

contained in the Airplane Flight Manual.

(d) Whenever a ground proximity warning system required by this

section is deactivated, an entry shall be made in the airplane

maintenance record that includes the date and time of deactivation.

(e) No person may operate a turbine-powered airplane unless it is

equipped with a ground proximity warning/glide slope deviation

alerting system that meets the performance and environmental standards

contained in TSO-C92a or TSO-C92b or incorporates TSO-approved ground

proximity warning-glide slope deviation alerting equipment.

(f) No person may operate a turbojet powered airplane equipped

with a system required by paragraph (e) of this section, that

incorporates equipment that meets the performance and environmental

standards of TSO-C92b or is approved under that TSO, using other than

Warning Envelopes 1 or 3 for Warning Modes 1 and 4.

60. Section 121.380 is amended by redesignating paragraphs

(a)(2)(iii) through (a)(2)(vi) as paragraphs (a)(2)(iv) through

(a)(2)(vii), respectively; by redesignating paragraphs (b) and (c) as

paragraphs (c) and (d), respectively; by revising paragraphs (a)

introductory text, (a)(2)(i), (a)(2)(ii), newly redesignated

paragraphs (a)(2)(vi), (a)(2)(vii), (c)(1), and (c)(2); and by adding

new paragraphs (a)(iii) and (b) to read as follows:

§ 121.380 Maintenance recording requirements.

(a) Each certificate holder shall keep (using the system

specified in the manual required in § 121.369) the following records

for the periods specified in paragraph (c) of this section:

* * * * *

(2) * * *

(i) The total time in service of the airframe.

(ii) Except as provided in paragraph (b) of this section, the

total time in service of each engine and propeller.

(iii) The current status of life-limited parts of each airframe,

engine, propeller, and appliance.

* * * * *

(vi) The current status of applicable airworthiness directives,

including the date and methods of compliance, and, if the

airworthiness directive involves recurring action, the time and date

when the next action is required.

(vii) A list of current major alterations to each airframe,

engine, propeller, and appliance.

(b) A certificate holder need not record the total time in

service of an engine or propeller on a transport category airplane

that has a passenger seat configuration of more than 30 seats or a

nontransport category airplane type certificated before January 1,

1958, until the following, whichever occurs first:

(1) March 20, 1997; or

(2) The date of the first overhaul of the engine or propeller,

as applicable, after January 19, 1996

(c) * * *

(1) Except for the records of the last complete overhaul of each

airframe, engine, propeller, and appliance, the records specified in

paragraph (a)(1) of this section shall be retained until the work is

repeated or superseded by other work or for one year after the work is

performed.

(2) The records of the last complete overhaul of each airframe,

engine, propeller, and appliance shall be retained until the work is

superseded by work of equivalent scope and detail.

* * * * *

61. Section 121.391 is amended by redesignating paragraphs (a)(2) and

(a)(3) as paragraphs (a)(3) and (a)(4), respectively; by revising

paragraphs (a) introductory text and (a)(1); by adding a new paragraph

(a)(2); and by removing paragraph (e) to read as follows:

§ 121.391 Flight attendants.

(a) Each certificate holder shall provide at least the following

flight attendants on each passenger-carrying airplane used:

(1) For airplanes having a maximum payload capacity of more than

7,500 pounds and having a seating capacity of more than 9 but less

than 51 passengers -- one flight attendant.

(2) For airplanes having a maximum payload capacity of 7,500

pounds or less and having a seating capacity of more than 19 but less

than 51 passengers -- one flight attendant.

* * * * *

62. Section 121.393 is added to read as follows:

§ 121.393 Crewmember Requirements at stops where passengers remain on

board.

At stops where passengers remain on board, the certificate holder

must meet the following requirements:

(a) On each airplane for which a flight attendant is not

required by § 121.391(a), the certificate holder must ensure that a

person who is qualified in the emergency evacuation procedures for the

airplane, as required in § 121.417, and who is identified to the

passengers, remains:

(1) On board the airplane; or

(2) Nearby the airplane, in a position to adequately monitor

passenger safety, and:

(i) The airplane engines are shut down; and

(ii) At least one floor level exit remains open to provide for

the deplaning of passengers.

(b) On each airplane for which flight attendants are required by

§ 121.391(a), but the number of flight attendants remaining on board

is fewer than required by § 121.391(a), the certificate holder must

meet the following requirements:

(1) The certificate holder shall ensure that:

(i) The airplane engines are shut down;

(ii) At least one floor level exit remains open to provide for

the deplaning of passengers; and

(iii) The number of flight attendants on board is at least half

the number required by § 121.391(a), rounded down to the next lower

number in the case of fractions, but never fewer than one.

(2) The certificate holder may substitute for the required

flight attendants other persons qualified in the emergency evacuation

procedures for that aircraft as required in § 121.417, if these

persons are identified to the passengers.

(3c) If only one flight attendant or other qualified person is

on board during a stop, that flight attendant or other qualified

person shall be located in accordance with the certificate holder's

FAA-approved operating procedures. If more than one flight attendant

or other qualified person is on board, the flight attendants or other

qualified persons shall be spaced throughout the cabin to provide the

most effective assistance for the evacuation in case of an emergency.

§ 121.435 [Removed]

63. Section 121.435 is removed.

§ 121.455 [Amended]

64. Section 121.455 is amended by adding the words "or operator"

after the words "certificate holder," wherever they appear.

§ 121.457 [Amended]

65. Section 121.457 is amended by adding the words 'or operator"

after the words "certificate holder," wherever they appear.

66. Section 121.463 is amended in paragraphs (a), (b), and (d) by

removing the words "domestic or flag air carrier" and adding, in their

place, the words "certificate holder conducting domestic or flag

operations;" in paragraph (d) by removing the words "air carrier" and

adding, in their place, the words "certificate holder;" and by

revising paragraphs (a)(2) and (c) to read as follows:

§ 121.463 Aircraft dispatcher qualifications.

(a) * * *

(2) Operating familiarization consisting of at least 5 hours

observing operations under this part from the flight deck or, for

airplanes without an observer seat on the flight deck, from a forward

passenger seat with headset or speaker. This requirement may be

reduced to a minimum of 2 1/2 hours by the substitution of one

additional takeoff and landing for an hour of flight. A person may

serve as an aircraft dispatcher without meeting the requirement of

this paragraph (a) for 90 days after initial introduction of the

airplane into operations under this part.

* * * * *

(c) No certificate holder conducting domestic or flag operations

may use any person, nor may any person serve, as an aircraft

dispatcher unless within the preceding 12 calendar months the aircraft

dispatcher has satisfactorily completed operating familiarization

consisting of at least 5 hours observing operations under this part,

in one of the types of airplanes in each group to be dispatched. This

observation shall be made from the flight deck or, for airplanes

without an observer seat on the flight deck, from a forward passenger

seat with headset or speaker. The requirement of paragraph (a) of

this section may be reduced to a minimum of 2-1/2 hours by the

substitution of one additional takeoff and landing for an hour of

flight. The requirement of this paragraph may be satisfied by

observation of 5 hours of simulator training for each airplane group

in one of the simulators approved under § 121.407 for the group.

However, if the requirement of paragraph (a) is met by the use of a

simulator, no reduction in hours is permitted.

* * * * *

§§ 121.557, 121.559 [Removed]

67. Section 121.470 is revised to read as follows:

§ 121.470 Applicability.

This subpart prescribes flight time limitations and rest

requirements for domestic operations, except that:

(a) Certificate holders conducting operations with airplanes

having a passenger seat configuration of 30 seats or fewer, excluding

each crewmember seat, and a payload capacity of 7,500 pounds or less,

may comply with the applicable requirements of §§ 135.261 through

135.273 of this chapter.

(b) Certificate holders conducting scheduled operations entirely

within the States of Alaska or Hawaii with airplanes having a

passenger seat configuration of more than 30 seats, excluding each

crewmember seat, or a payload capacity of more than 7,500 pounds, may

comply with the requirements of subpart R of this part for those

operations.

68. Section 121.480 is revised to read as follows:

§ 121.480 Applicability.

This subpart prescribes flight time limitations and rest

requirements for flag operations, except that certificate holders

conducting operations with airplanes having a passenger seat

configuration of 30 seats or fewer, excluding each crewmember seat,

and a payload capacity of 7,500 pounds or less, may comply with the

applicable requirements of §§ 135.261 through 135.273 of this chapter.

69. Section 121.500 is revised to read as follows:

§ 121.500 Applicability.

This subpart prescribes flight time limitations and rest

requirements for supplemental operations, except that certificate

holders conducting operations with airplanes having a passenger seat

configuration of 30 seats or fewer, excluding each crewmember seat,

and a payload capacity of 7,500 pounds or less, may comply with the

applicable requirements of §§ 135.261 through 135.273 of this chapter.

70. Section 121.571 is amended in paragraph (a)(4) by removing the

words "flight attendant" and adding in their place, the word

"crewmembers;" by adding a new paragraph (a)(1)(v); and by revising

the introductory text of paragraph (a)(3) to read as follows:

§ 121.571 Briefing passengers before take-off.

(a) * * *

(1) * * *

(v) On operations that do not use a flight attendant, the

following additional information:

(A) The placement of seat backs in an upright position before

takeoff and landing.

(B) Location of survival equipment.

(C) If the flight involves operations above 12,000 MSL, the

normal and emergency use of oxygen.

(D) Location and operation of fire extinguisher.

* * * * *

(3) Except as provided in paragraph (a)(4) of this section,

before each takeoff a required crewmember assigned to the flight shall

conduct an individual briefing of each person who may need the

assistance of another person to move expeditiously to an exit in the

event of an emergency. In the briefing the required crewmember shall

--

* * * * *

71. Section 121.578(b) introductory text is revised to read as

follows:

§ 121.578 Cabin ozone concentration.

* * * * *

(b) Except as provided in paragraphs (d) and (e) of this section,

no certificate holder may operate an airplane above the following

flight levels unless it is successfully demonstrated to the

Administrator that the concentration of ozone inside the cabin will

not exceed --

* * * * *

72. Section 121.581 is amended by revising the section heading and

paragraph (a) and by adding a new paragraph (c) to read as follows:

§ 121.581 Observer's seat: En route inspections.

(a) Except as provided in paragraph (c) of this section, each

certificate holder shall make available a seat on the flight deck of

each airplane, used by it in air commerce, for occupancy by the

Administrator while conducting en route inspections. The location and

equipment of the seat, with respect to its suitability for use in

conducting en route inspections, is determined by the Administrator.

* * * * *

(c) For any airplane type certificated before December 20, 1995,

for not more than 30 passengers that does not have an observer seat on

the flight deck, the certificate holder must provide a forward

passenger seat with headset or speaker for occupancy by the

Administrator while conducting en route inspections. Notwithstanding

the requirements of § 121.587, the cockpit door, if required, may

remain open during such inspections.

§ 121.583 [Amended]

73. Section 121.583(a) is amended by removing the reference to

",121.161,."

74. Section 121.587 is amended by revising paragraph (a) and adding a

new paragraph (b)(3) to read as follows:

§ 121.587 Closing and locking of flight crew compartment door.

(a) Except as provided in paragraph (b) of this section, a pilot

in command of an airplane that has a lockable flight crew compartment

door in accordance with § 121.313 and that is carrying passengers

shall ensure that the door separating the flight crew compartment from

the passenger compartment is closed and locked during flight.

(b) * * *

(3) When a jumpseat is being used by persons authorized under

§ 121.547 in airplanes in which closing and locking the flight crew

compartment door is impossible while the jumpseat is in use.

§ 121.589 [Amended]

75. Section 121.589 is amended in paragraphs (b) and (c)(2) by

removing the reference "§ 121.285(c) of this part" and adding in its

place "§ 121.285(c) and (d)."

76. Section 121.590 is revised to read as follows:

§ 121.590 Use of certificated land airports.

(a) Except as provided in paragraph (b) of this section or

unless otherwise authorized by the Administrator, no air carrier, and

no pilot being used by an air carrier may, in the conduct of

operations governed by this part, operate an aircraft into a land

airport in any State of the United States, the District of Columbia,

or any territory or possession of the United States, unless that

airport is certificated under part 139 of this chapter. However, an

air carrier may designate and use as a required alternate airport for

departure or destination an airport that is not certificated under

part 139 of this chapter.

(b) Certificate holders conducting passenger-carrying operations

with airplanes designed for less than 31 passenger seats may operate

those airplanes into airports not certificated under part 139 of this

chapter if the following conditions are met:

(1) The airport is adequate for the proposed operation,

considering such items as size, surface, obstructions, and lighting.

(2) For an airplane carrying passengers at night, the pilot may

not take off from, or land at, an airport unless --

(i) The pilot has determined the wind direction from an

illuminated wind direction indicator or local ground communications

or, in the case of takeoff, that pilot's personal observations; and

(ii) The limits of the area to be used for landing or takeoff

are clearly shown by boundary or runway marker lights. If the area to

be used for takeoff or landing is marked by flare pots or lanterns,

their use must be approved by the Administrator.

77. Section 121.639 is amended by revising the section heading and

revising paragraph (c) to read as follows:

§ 121.639 Fuel supply: All domestic operations.

* * * * *

(c) Thereafter, to fly for 45 minutes at normal cruising fuel

consumption or, for certificate holders who are authorized to conduct

day VFR operations in their operations specifications and who are

operating nontransport category airplanes type certificated after

December 31, 1964, to fly for 30 minutes at normal cruising fuel

consumption for day VFR operations.

78. Section 121.643 is amended by revising the section heading and

paragraph (a)(3) to read as follows:

§ 121.643 Fuel supply: Nonturbine and turbo-propeller-powered

airplanes; supplemental operations.

(a) * * *

(3) Thereafter, to fly for 45 minutes at normal cruising fuel

consumption or, for certificate holders who are authorized to conduct

day VFR operations in their operations specifications and who are

operating nontransport category airplanes type certificated after

December 31, 1964, to fly for 30 minutes at normal cruising fuel

consumption for day VFR operations.

* * * * *

79. Section 121.703 is amended in paragraph (d) by removing the

words "FAA Flight Standards District Office charged with the overall

inspection of the certificate holder" and adding, in their place, the

words "certificate-holding district office" and by revising paragraphs

(a)(12) and (f) to read as follows:

§ 121.703 Mechanical reliability reports.

(a) * * *

(12) An unwanted landing gear extension or retraction, or an

unwanted opening or closing of landing gear doors during flight;

* * * * *

(f) A certificate holder that is also the holder of a Type

Certificate (including a Supplemental Type Certificate), a Parts

Manufacturer Approval, or a Technical Standard Order Authorization, or

that is the licensee of a type certificate holder, need not report a

failure, malfunction, or defect under this section if the failure,

malfunction, or defect has been reported by it under § 21.3 of this

chapter or under the accident reporting provisions of 14 CFR part 830.

* * * * *

80. Section 121.713 is revised to read as follows:

§ 121.713 Retention of contracts and amendments: Commercial

operators who conduct intrastate operations for compensation or hire.

(a) Each commercial operator who conducts intrastate operations

for compensation or hire shall keep a copy of each written contract

under which it provides services as a commercial operator for a period

of at least 1 year after the date of execution of the contract. In

the case of an oral contract, it shall keep a memorandum stating its

elements, and of any amendments to it, for a period of at least one

year after the execution of that contract or change.

(b) Each commercial operator who conducts intrastate operations

for compensation or hire shall submit a financial report for the first

6 months of each fiscal year and another financial report for each

complete fiscal year. If that person's operating certificate is

suspended for more than 29 days, that person shall submit a financial

report as of the last day of the month in which the suspension is

terminated. The report required to be submitted by this section shall

be submitted within 60 days of the last day of the period covered by

the report and must include --

(1) A balance sheet that shows assets, liabilities, and net

worth on the last day of the reporting period;

(2) The information required by § 119.35(g)(2), (g)(7), and

(g)(8) of this chapter;

(3) An itemization of claims in litigation against the

applicant, if any, as of the last day of the period covered by the

report;

(4) A profit and loss statement with the separation of items

relating to the applicant's commercial operator activities from his

other business activities, if any; and

(5) A list of each contract that gave rise to operating income

on the profit and loss statement, including the names and addresses of

the contracting parties and the nature, scope, date, and duration of

each contract.

§ 121.715 [Removed]

81. Section 121.715 is removed.

82. Appendix K is added to part 121 to read as follows:

Appendix K -- Performance Requirements for

Certain Turbopropeller Powered Airplanes

1. Applicability. This appendix specifies requirements for the

following turbopropeller powered airplanes that must comply with the

Airplane Performance Operating Limitations in §§ 121.189 through

121.197:

a. After December 20, 2010, each airplane manufactured before

March 20, 1997, and type certificated in the:

i. Normal category before July 1, 1970, and meets special

conditions issued by the Administrator for airplanes intended for use

in operations under part 135 of this chapter.

ii. Normal category before July 19, 1970, and meets the

additional airworthiness standards in SFAR No. 23 of 14 CFR part 23.

iii. Normal category, and complies with the additional

airworthiness standards in appendix A of part 135 of this chapter.

iv. Normal category, and complies with section 1.(a) or 1.(b) of

SFAR No. 41 of 14 CFR part 21.

b. After March 20, 1997, each airplane:

i. Type certificated prior to March 29, 1995, in the commuter

category.

ii. Manufactured on or after December 20, 2010, and that was

type certificated in the normal category, and complies with the

requirements described in paragraphs 1.a.i through iii of this

appendix.

2. Background. Sections 121.157 and 121.173(b) require that

the airplanes operated under this part and described in paragraph 1 of

this appendix, comply with the Airplane Performance Operating

Limitations in §§ 121.189 through 121.197. Airplanes described in

§ 121.157(f) and paragraph 1.a of this appendix must comply on and

after December 20, 2010. Airplanes described in § 121.157(e) and

paragraph 1.b of this appendix must comply on and after March 20,

1997. (Airplanes type certificated in the normal category, and in

accordance with SFAR No. 41 of 14 CFR part 21, as described in

paragraph 1.a.iv of this appendix, may not be produced after October

17, 1991.)

3. References. Unless otherwise specified, references in this

appendix to sections of part 23 of this chapter are to those sections

of 14 CFR part 23, as amended by Amendment No. 23-45 (August 6, 1993;

58 FR 42156).

Performance

4. Interim Airplane Performance Operating Limitations.

a. Until December 20, 2010, airplanes described in paragraph

1.a of this appendix may continue to comply with the requirements in

subpart I of part 135 and § 135.181(a)(2) of this chapter that apply

to small, nontransport category airplanes.

b. Until March 20, 1997, airplanes described in paragraph 1.b.i

of this appendix may continue to comply with the requirements in

subpart I of part 135 of this chapter that apply to commuter category

airplanes.

5. Final Airplane Performance Operating Limitations.

a. Through an amended type certification program or a

supplemental type certification program, each airplane described in

paragraph 1.a and 1.b.ii of this appendix must be shown to comply with

the commuter category performance requirements specified in this

appendix, which are included in part 23 of this chapter. Each new

revision to a current airplane performance operating limitation for an

airplane that is or has been demonstrated to comply, must also be

approved by the Administrator. An airplane approved to the

requirements of section 1.(b) of SFAR No. 41 of 14 CFR part 21, as

described in paragraph 1.a.iv of this appendix, and that has been

demonstrated to comply with the additional requirements of section

4.(c) of SFAR No. 41 of 14 CFR part 21 and International Civil

Aviation Organization Annex 8, will be considered to be in compliance

with the commuter category performance requirements.

b. Each turbopropeller powered airplane subject to this

appendix must be demonstrated to comply with the airplane performance

operating limitation requirements of this chapter specified as

follows:

i. Section 23.45 Performance General.

ii. Section 23.51 Takeoff.

iii. Section 23.53 Takeoff speeds.

iv. Section 23.55 Accelerate stop distance.

v. Section 23.57 Takeoff path.

vi. Section 23.59 Takeoff distance and takeoff run.

vii. Section 23.61 Takeoff flight path.

viii. Section 23.65 Climb: All engines operating.

ix. Section 23.67 Climb: one engine inoperative.

x. Section 23.75 Landing.

xi. Section 23.77 Balked landing.

xii. Sections 23.1581 through 23.1589 Airplane flight manual and

approved manual material.

6. Operation. After compliance with the final airplane

performance operating limitations requirements has been demonstrated

and added to the Airplane Flight Manual performance data of the

affected airplane, that airplane must be operated in accordance with

the performance limitations of §§ 121.189 through 121.197.

83. A new appendix L is added to part 121 to read as follows:

Appendix L - Type Certification Regulations Made Previously Effective

Appendix L lists regulations in this part that require compliance

with standards contained in superseded type certification regulations

that continue to apply to certain transport category airplanes. The

tables set out citations to current CFR section, applicable aircraft,

superseded type certification regulation and applicable time periods,

and the CFR edition and Federal Register documents where the regulation

having prior effect is found. Copies of all superseded regulations may

be obtained at the Federal Aviation Administration Law Library, Room

924, 800 Independence Avenue SW, Washington, D.C.

PART 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

84. The heading for 14 CFR part 125 is revised as set forth above.

85. The authority citation for part 125 continues to read as follows:

Authority: 49 U.S.C. 106(g), 1153, 40101, 40105, 40103, 44113, 44701-

44705, 44707-44714, 44716-44717, and 44722.

86. Paragraph (b)(4) of § 125.1 is revised to read as follows:

§ 125.1 Applicability.

* * * * *

(b) * * *

(4) They are being operated under part 91 by an operator

certificated to operate those airplanes under the rules of parts 121,

135, or 137 of this chapter, they are being operated under the

applicable rules of part 121 or part 135 of this chapter by an

applicant for a certificate under part 119 of this chapter or they are

being operated by a foreign air carrier or a foreign person engaged in

common carriage solely outside the United States under part 91 of this

chapter; or

* * * * *

PART 127 -- CERTIFICATION AND OPERATIONS OF SCHEDULED AIR CARRIERS

WITH HELICOPTERS

87. Part 127 is removed.

PART 135 -- OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND

OPERATIONS

88. The authority citation for part 135 is revised to read as

follows:

Authority: 49 U.S.C. 106(g), 44113, 44701, 44702, 44705, 44709,

44711-44713, 44715-44717, 44722.

89. The heading for part 135 is revised to read as set forth above.

90. Section 135.1 is amended by revising paragraph (a) and by

removing and reserving paragraph (b) to read as follows:

§ 135.1 Applicability.

(a) This part prescribes rules governing--

(1) The commuter or on-demand operations of each person who

holds or is required to hold an Air Carrier Certificate or Operating

Certificate under part 119 of this chapter.

(2) Each person employed or used by a certificate holder

conducting operations under this part including the maintenance,

preventative maintenance and alteration of an aircraft.

(3) The transportation of mail by aircraft conducted under a

postal service contract awarded under 39 U.S.C. 5402c.

(4) Each person who applies for provisional approval of an

Advanced Qualification Program curriculum, curriculum segment, or

portion of a curriculum segment under SFAR No. 58 of 14 CFR part 121

and each person employed or used by an air carrier or commercial

operator under this part to perform training, qualification, or

evaluation functions under an Advanced Qualification Program under

SFAR No. 58 of 14 CFR part 121.

(5) Nonstop sightseeing flights for compensation or hire that

begin and end at the same airport, and are conducted within a 25

statute mile radius of that airport; however, except for operations

subject to SFAR 50-2, these operations, when conducted for

compensation or hire, must comply only with §§ 135.249, 135.251,

135.253, 135.255, and 135.353.

(6) Each person who is on board an aircraft being operated under

this part.

(7) Each person who is an applicant for an Air Carrier

Certificate or an Operating Certificate under 119 of this chapter,

when conducting proving tests.

* * * * *

91. Section 135.2 is revised to read as follows:

§ 135.2 Compliance schedule for operators that transition to part 121

of this chapter; certain new entrant operators.

(a) Applicability. This section applies to the following:

(1) Each certificate holder that was issued an air carrier or

operating certificate and operations specifications under the

requirements of part 135 of this chapter or under SFAR No. 38-2 of 14

CFR part 121 before January 19, 1996, and that conducts scheduled

passenger-carrying operations with:

(i) Nontransport category turbopropeller powered airplanes type

certificated after December 31, 1964, that have a passenger seat

configuration of 10-19 seats;

(ii) Transport category turbopropeller powered airplanes that

have a passenger seat configuration of 20-30 seats; or

(iii) Turbojet engine powered airplanes having a passenger seat

configuration of 1-30 seats.

(2) Each person who, after January 19, 1996, applies for or

obtains an initial air carrier or operating certificate and operations

specifications to conduct scheduled passenger-carrying operations in

the kinds of airplanes described in paragraphs (a)(1)(i), (a)(1)(ii),

or paragraph (a)(1)(iii) of this section.

(b) Obtaining operations specifications. A certificate holder

described in paragraph (a)(1) of this section may not, after March 20,

1997, operate an airplane described in paragraphs (a)(1)(i),

(a)(1)(ii), or (a)(1)(iii) of this section in scheduled passenger-

carrying operations, unless it obtains operations specifications to

conduct its scheduled operations under part 121 of this chapter on or

before March 20, 1997.

(c) Regular or accelerated compliance. Except as provided in

paragraphs (d), (e), and (i) of this section, each certificate holder

described in paragraphs (a)(1) of this section shall comply with each

applicable requirement of part 121 of this chapter on and after March

20, 1997, or on and after the date on which the certificate holder is

issued operations specifications under this part, whichever occurs

first. Except as provided in paragraphs (d) and (e) of this section,

each person described in paragraph (a)(2) of this section shall comply

with each applicable requirement of part 121 of this chapter on and

after the date on which that person is issued a certificate and

operations specifications under part 121 of this chapter.

(d) Delayed compliance dates. Unless paragraph (e) of this

section specifies an earlier compliance date, no certificate holder

that is covered by paragraph (a) of this section may operate an

airplane in 14 CFR part 121 operations on or after a date listed in

this paragraph unless that airplane meets the applicable requirement

of this paragraph:

(1) Nontransport category turbopropeller powered airplanes type

certificated after December 31, 1964, that have a passenger seating

configuration of 10-19 seats. No certificate holder may operate under

this part an airplane that is described in paragraph (a)(1)(i) of this

section on or after a date listed in paragraph (i), (ii), and (iii)

unless that airplane meets the applicable requirement listed in

paragraph (i), (ii), and (iii):

(i) December 20, 1997:

(A) Section 121.289, Landing gear aural warning.

(B) Section 121.308, Lavatory fire protection.

(C) Section 121.310(e), Emergency exit handle illumination.

(D) Section 121.337(b)(8), Protective breathing equipment.

(E) Section 121.340, Emergency flotation means.

(ii) December 20, 1999: Section 121.342, Pitot heat indication

system.

(iii) December 20, 2010:

(A) For airplanes described in § 121.157(f), the Airplane

Performance Operating Limitations in §§ 121.189 through 121.197.

(B) Section 121.161(b), Ditching approval.

(C) Section 121.305(j), Third attitude indicator.

(D) Section 121.312(c), Passenger seat cushion flammability.

(2) Transport category turbopropeller powered airplanes that

have a passenger seat configuration of 20-30 seats. No certificate

holder may operate under this part an airplane that is described in

paragraph (a)(1)(ii) of this section on or after a date listed in this

subparagraph unless that airplane meets the applicable requirement

listed in this subparagraph:

(i) December 20, 1997:

(A) Section 121.308, Lavatory fire protection.

(B) Section 121.337(b)(8) and (9), Protective breathing

equipment.

(C) Section 121.340, Emergency flotation means.

(ii) December 20, 2010: Section 121.305(j), Third attitude

indicator.

(e) Newly manufactured airplanes. No certificate holder that is

described in paragraph (a) of this section may operate under part 121

of this chapter an airplane manufactured on or after a date listed in

this paragraph unless that airplane meets the applicable requirement

listed in this paragraph (e).

(1) For nontransport category turbopropeller powered airplanes

type certificated after December 31, 1964, that have a passenger seat

configuration of 10-19 seats:

(i) Manufactured on or after March 20, 1997:

(A) Section 121.305(j), Third attitude indicator.

(B) Section 121.311(f), Safety belts and shoulder harnesses.

(ii) Manufactured on or after December 20, 1997: Section

121.317(a), Fasten seat belt light.

(iii) Manufactured on or after December 20, 1999: Section

121.293, Takeoff warning system.

(2) For transport category turbopropeller powered airplanes that

have a passenger seat configuration of 20-30 seats manufactured on or

after March 20, 1997: Section 121.305(j), Third attitude indicator.

(f) New type certification requirements. No person may operate

an airplane for which the application for a type certificate was filed

after March 29, 1995, in 14 CFR part 121 operations unless that

airplane is type certificated under part 25 of this chapter.

(g) Transition plan. Before March 19, 1996, each certificate

holder described in paragraph (a)(1) of this section must submit to

the FAA a transition plan (containing a calendar of events) for moving

from conducting its scheduled operations under the commuter

requirements of part 135 of this chapter to the requirements for

domestic or flag operations under part 121 of this chapter. Each

transition plan must contain details on the following:

(1) Plans for obtaining new operations specifications

authorizing domestic or flag operations;

(2) Plans for being in compliance with the applicable

requirements of part 121 of this chapter on or before March 20, 1997;

and

(3) Plans for complying with the compliance date schedules

contained in paragraphs (d) and (e) of this section.

(h) Continuing requirements. Until each certificate holder that

is covered by paragraph (a) of this section meets the specific

compliance dates listed in paragraphs (d) and (e) of this section, the

certificate holder shall comply with the applicable airplane and

equipment requirements of part 135 of this chapter.

(i) Delayed pilot age limitation. (1) Notwithstanding

§ 121.383(c) of this chapter, and except as provided in paragraph

(i)(2) of this section, a certificate holder covered by paragraph

(a)(1) of this section may use the services of a person as a pilot

after that person has reached his or her 60th birthday, until

December 20, 1999. Notwithstanding § 121.383(c) of this chapter, and

except as provided in paragraph (i)(2) of this section, a person may

serve as a pilot for a certificate holder covered by paragraph (a)(1)

of this section after that person has reached his or her 60th

birthday, until December 20, 1999.

(2) Paragraph (i)(1) applies only to persons who were employed

as pilots by a certificate holder covered by paragraph (a)(1) of this

section on or before March 20, 1997.

§§ 135.5, 135.9, 135.10, 135.11, 135.13, 135.15, and 135.17 [Removed]

92. Sections 135.5, 135.9, 135.11, 135.13, 135.15, and 135.17 are

removed.

§ 135.7 [Amended]

93. Section 135.7 is amended by removing "§ 135.5" wherever it

appears and adding in its place "part 119 of this chapter".

§ 135.21 [Amended]

94. Section 135.21 (b) and (f) are amended by removing "principal

operations base" and adding in its place "principal base of

operations."

§ 135.23 [Amended]

95. Section 135.23(a) is amended by removing the reference

"§ 135.37(a)" and adding in its place "§ 119.69(a) of this chapter".

§ 135.27, 135.29, 135.31, 135.33, 135.35, 135.37, and 135.39

[Removed]

96. Section 135.27, 135.29, 135.31, 135.33, 135.35, 135.37, and

135.39 are removed.

97. Section 135.41 is revised to read as follows:

§ 135.41 Carriage of narcotic drugs, marihuana, and depressant or

stimulant drugs or substances.

If the holder of a certificate operating under this part allows

any aircraft owned or leased by that holder to be engaged in any

operation that the certificate holder knows to be in violation of

§ 91.19(a) of this chapter, that operation is a basis for suspending

or revoking the certificate.

§ 135.43 [Amended]

98. Section 135.43 is amended by:

a. Revising "FAA Flight Standards District Office charged with

the overall inspection" in paragraph (b) to read " certificate-holding

district office."

b. Revising "Flight Standards District Office" in paragraph (c)

to read "certificate-holding district office."

99. Section 135.64 is added to read as follows:

§ 135.64 Retention of contracts and amendments: Commercial operators

who conduct intrastate operations for compensation or hire.

(a) Each commercial operator who conducts intrastate operations

for compensation or hire shall keep a copy of each written contract

under which it provides services as a commercial operator for a period

of at least one year after the date of execution of the contract. In

the case of an oral contract, it shall keep a memorandum stating its

elements, and of any amendments to it, for a period of at least one

year after the execution of that contract or change.

(b) Each commercial operator who conducts intrastate operations

for compensation or hire shall submit a financial report for the first

6 months of each fiscal year and another financial report for each

complete fiscal year. If that person's operating certificate is

suspended for more than 29 days, that person shall submit a financial

report as of the last day of the month in which the suspension is

terminated. The report required to be submitted by this section shall

be submitted within 60 days of the last day of the period covered by

the report and must include --

(1) A balance sheet that shows assets, liabilities, and net

worth on the last day of the reporting period;

(2) The information required by § 119.35(h)(2), (h)(7), and

(h)(8) of this chapter;

(3) An itemization of claims in litigation against the

applicant, if any, as of the last day of the period covered by the

report;

(4) A profit and loss statement with the separation of items

relating to the applicant's commercial operator activities from his

other business activities, if any; and

(5) A list of each contract that gave rise to operating income

on the profit and loss statement, including the names and addresses of

the contracting parties and the nature, scope, date, and duration of

each contract.

§ 135.105 [Amended]

100. Section 135.105(a) is amended by revising the phrase "by a

Commuter Air Carrier (as defined in § 298.2 of this title) in

passenger-carrying operations" to read "in a commuter operation, as

defined in part 119 of this chapter."

§ 135.165 [Amended]

101. Section 135.165(a) is amended by revising the phrase

"carrying passengers as a Commuter Air Carrier" as defined in part 298

of this title," to read "in a commuter operation, as defined in part

119 of this chapter."

102. Section 135.243(a) is revised to read as follows:

§ 135.243 Pilot in command qualifications.

(a) No certificate holder may use a person, nor may any person

serve, as pilot in command in passenger-carrying operations --

(1) Of a turbojet airplane, of an airplane having a

passenger-seat configuration, excluding each crewmember seat, of 10

seats or more, or of a multiengine airplane in a commuter operation as

defined in part 119 of this chapter, unless that person holds an

airline transport pilot certificate with appropriate category and

class ratings and, if required, an appropriate type rating for that

airplane.

(2) Of a helicopter in a scheduled interstate air transportation

operation by an air carrier within the 48 contiguous states unless

that person holds an airline transport pilot certificate, appropriate

type ratings, and an instrument rating.

* * * * *

§ 135.244 [Amended]

103. Section 135.244(a) is amended by revising the phrase "by a

Commuter Air Carrier (as defined in § 298.2 of this title) in

passenger-carrying operations" to read "in a commuter operation, as

defined in part 119 of this chapter."

Issued in Washington, D. C. on December 8, 1995

/s/ Federico Pena /s/ David R. Hinson

Secretary of Transportation Administrator

..