VI.A. Part 121 Discussion

VI.A.1. Subpart E - Approval of Routes: Domestic and Flag Air

Carriers

Section 121.97 requires each domestic and flag operator to show

that each route it submits for approval has enough airports that are

properly equipped and adequate for the proposed operation. The

operator must also have an approved system to disseminate this

information to appropriate personnel. Although part 135 has similar

requirements, part 121 requires more information.

Section 121.99 requires each domestic and flag operator to have a

two-way air/ground communication system between each airplane and the

appropriate air traffic control facility, along the entire route. In

the 48 contiguous States and the District of Columbia, the

communications system between each airplane and the dispatch center

must be independent of any system operated by the United States. This

would be a new requirement for the affected certificate holders.

Section 121.101 requires each domestic and flag operator to show

that enough weather reporting facilities are available along each

route to ensure weather reports and forecasts necessary for the

operation. For operations within the 48 contiguous States and the

District of Columbia, these reports must be prepared by the National

Weather Service. For other areas, a system must be approved by the

Administrator. Section 135.213 has similar requirements, except that

the pilot in command is allowed to use various other sources,

including his own weather assessment, for VFR operations. This

section also requires reports of adverse weather phenomena. The FAA

proposed that affected certificate holders comply with part 121.

Section 121.107 requires each domestic and flag operator to have

enough dispatch centers, adequate for the intended operation. This

would be a new requirement for affected certificate holders, as

discussed in Section V.F., Dispatch System.

Comments: ALPA comments that the upgrade to part 121 represents

a major improvement over part 135. ALPA also comments that Subparts E

and F should be upgraded to require that each pilot have a set of

approach and navigation charts rather than having to share a set.

ALPA provides supportive information, such as an NTSB recommendation

(A-95-35) for a similar requirement.

Several comments were received on the enroute radio communication

requirements of § 121.99. ASA and RAA question the need for airline

provided enroute radio communication capability for short-haul flights

and request that the requirement be reconsidered. According to these

commenters, the average enroute times for affected certificate holders

is less than an hour. For such short flights there is little time

during the enroute portion of a flight for company communication. The

cost of installing company communications would be high and safety

would not be diminished without company communication since the crew

can be contacted through Air Traffic Control.

AACA points out that this would be a new requirement for affected

commuters. Intrastate Alaskan operations now conducted under flag

operations rules will be conducted under domestic rules and would be

required to comply with the independent communications systems

requirements. Because of low altitudes, VFR flight operations, and

the lack of Remote Communications Outlet at many locations,

maintaining communications will require construction of a large

communications infrastructure. When operators in Alaska use flag

rules, AACA interprets § 121.99 to not require the communications

system be independent of any system operated by the United States.

FAA Response: The ALPA suggestion on requiring that each pilot

have a separate set of navigation and approach charts is beyond the

scope of this rulemaking; however, the FAA is planning to initiate a

separate rulemaking on the issue.

Section 121.99 requires each domestic and flag air carrier to

have a two-way radio communication system that is independent of any

system operated by the United States. FAA flight service stations and

air traffic control facilities that are currently providing radio

communication service for certificate holders are used for the control

of aircraft and were never intended to be used by individual

certificate holders to relay information that is the certificate

holder's responsibility, such as scheduling changes or weather

information. Hence, an additional expense would be incurred by

certificate holders required to contract for communication services

through commercial services. However, it is believed that most part

135 certificate holders already have facilities and communications

equipment that satisfy the dispatch requirements under part 121.

The FAA believes that there is a need for a two-way air-ground

radio communication system that will ensure reliable and

rapid communications over the entire route between each airplane and

the appropriate dispatch office and between each airplane and the

appropriate air traffic control unit. The need to show that each

operator has a two-way radio system is not new. However, the

requirement to have an independent system is new for operations of

affected commuters and intrastate Alaska and Hawaii operations

previously conducted under flag operations rules. While no

commenters focus on § 121.97 or § 121.117, the FAA points out under §§

121.97(b)(4)(i) and 121.117(b)(4)(i) affected operators will be

required to comply with airport data requirements which include

applicable performance requirements of Subpart I. For affected

airplanes these performance requirements will be found in new appendix

K to part 121 as referenced in subpart I.