VI.A.7. Subpart K--Instrument and Equipment Requirements.

Instrument and equipment requirements are contained in part 121,

subpart K, and part 135, subpart C. The requirements are in addition

to the airplane and equipment requirements of part 91. The discussion

below emphasizes all new or revised equipment requirements except for

major equipment such as FDR's and airborne weather radar, which are

previously discussed in the "Major Issues" section of this document.

Notice 95-5 proposed to require that commuter operators comply

with part 121 airplane and equipment requirements except in areas that

were specifically discussed.

Sections 121.303, 121.305, and 121.307 require certain airplane

instruments and equipment. Some of the part 121 equipment is required

under part 135 only for IFR, VFR over-the-top, and VFR night

operations. Most of the airplanes used by affected commuters already

have these instruments as well as equipment required under part 135

(§§ 135.143 and 135.149). Under the proposal this equipment in these

part 121 sections would be required for all part 121 operations.

Third Attitude Indicators. Section 121.305(j) currently requires

a third attitude indicator on large turbojet-powered and large

turboprop powered airplanes. Notice 95-5 proposed to apply this

requirement to airplanes that would be operating under part 121 as a

result of this rulemaking.

Comments: Most of the commenters on this issue oppose the

requirement, primarily because of the cost.

According to RAA, part 121 does not include an equivalent to

§ 135.163(h), which requires dual attitude indicators which are

powered by two different and independent power sources for

nontransport category airplanes. RAA recommends requiring the third

attitude indicator only for new production large airplanes, deleting

the proposed retrofit requirement, and incorporating § 135.163(h) into

part 121 for nontransport category airplanes. RAA also recommends

considering an equivalent means of compliance for large nontransport

category airplanes, such as "Situation Awareness for Safety" devices.

Raytheon Aircraft and Mesa state that the requirement is

excessive for airplanes that already have two attitude indicators,

each supplied by a separate source of power. Raytheon and Big Sky are

concerned that the requirement might necessitate a redesign of the

instrument panel.

Twin Otter International believes the requirement would be

extremely costly with little safety benefit. According to Twin Otter,

even if the attitude indicator were lost, the airplane would have

adequate performance and information to be operated without a third

attitude indicator.

Commuter Air Technology concurs with the proposal for all

aircraft operated under part 121 and points out that § 135.149

currently requires a third indicator only for turbojet aircraft.

United Express states that the FAA supporting data for a third

(independently powered) attitude gyro is based on turbojet

accident/incident research and not on turbopropeller accident/incident

data. According to the commenter, until the FAA can substantiate that

this will prevent accident recurrence in turbopropeller aircraft, it

should not be required. The commenter states that some aircraft, such

as the commenter's fleet of Jetstream turboprops, have a third

attitude gyro powered by the aircraft battery system. No information

has been provided, that the commenter is aware of, suggesting that an

independent power source will improve safety or accident statistics in

turbopropeller aircraft.

FAA Response: Section 121.305(j) currently requires a third

attitude indicator on large turbojet powered and large turboprop-

powered airplanes. Part 135 requires a third attitude indicator only

for turbojet powered airplanes.

The FAA's intent as stated in Notice 95-5 was to require all

affected airplanes to comply with the equipment requirements of

§ 121.305 including the requirement for a third attitude indicator.

The notice did not contain amendatory language to § 121.305(j);

however, to be consistent with the FAA's stated intent, the rule

language has been developed to include the intended airplanes and to

provide a compliance date.

In response to RAA's comment that part 121 does not have an

equivalent to § 135.163(h), which requires two independent sources of

energy, each of which is able to drive all gyroscopic instruments,

such an equivalent appears in § 121.313(e).

The FAA does not agree with the commenter that a third attitude

indicator is excessive for airplanes that have two attitude indicators

or that there could be little safety benefit. The final rule requires

a third attitude indicator in all turbojet powered airplanes and all

turbopropeller powered airplanes. However, the FAA recognizes that

retrofit installation of a third attitude indicator imposes a burden

which may require a redesign of the instrument panel. Therefore, as

with certain other requirements, the final rule provides for a 15-year

compliance date for turbopropeller powered airplanes having a

passenger seating configuration of 10 to 30 seats that were

manufactured before 15 months after the date of publication of this

final rule. In effect, this allows operators to decide whether to

retrofit these airplanes or phase them out. Turbojet airplanes and

newly manufactured turboprop airplanes must comply within 15 months.

Lavatory fire protection. Section 121.308 currently requires

lavatory smoke detection systems, or equivalent, and automatically

discharging fire extinguishers in lavatory receptacles for towels,

paper, or waste for passenger-carrying transport category airplanes.

The FAA proposed to apply the requirements of § 121.308 to airplanes

formerly operated under part 135 that are equipped with lavatories.

Section 121.308 would be amended to delete the references to transport

category. The proposed compliance section, § 121.2, required that

lavatory protection equipment be installed within 2 years after the

publication date of the final rule.

Comments: ALPA believes that the FAA should require installation

of the smoke detection system within 6 months of the effective date

rather than 1 year as proposed. This commenter also believes that

installation of the lavatory fire suppression system should be

required in all airplanes newly manufactured within 1 year of the

effective date rather than 2 years as proposed.

ASA and RAA do not object to compliance insofar as new airplanes

are concerned, but do suggest that the requirement be deleted as a

retrofit requirement. These two commenters state that the industry

estimated cost of compliance is $2,500 per airplane while Jetstream

estimates $4,000 per airplane.

Comair believes compliance would amount to $2,500 and 20 pounds

per airplane. The commenter asserts that compliance is not justified

for airplanes with 20 to 30 passenger seats due to the small size of

the cabin, proximity of a trained flight attendant with a portable

fire extinguisher, and the present smoking ban on domestic flights.

Commuter Air Technology asks whether the proposed requirement

would apply to some of their products that have a side facing toilet

separated from the cabin only by a curtain.

Jetstream states that there is no evidence to support the

introduction of fire suppression of toilet receptacles on commuter

aircraft. According to the commenter, the lavatory receptacles are

already designed to contain a fire within the compartment; and, due to

the small cabin size of those airplanes, the lavatory is readily

accessible to the crew if the need to suppress a fire does occur. The

commenter estimates a cost of $4,000 per airplane. Nevertheless, the

commenter does support requiring new aircraft to comply.

FAA Response: The FAA does not agree with the commenter's

suggestion that installation of smoke detectors should be done within

6 months and fire extinguishers within 1 year of the publication of

the final rule. This would not allow sufficient time for compliance.

The comments received do not contradict the FAA's understanding

that few, if any, of the airplanes with 10 to 19 passenger seats are

equipped with lavatories. The primary impact of the proposed

requirement for lavatory smoke detection and fire extinguishment,

therefore, would be on airplanes with 20 to 30 passenger seats

presently operated under part 135. (Any such airplanes currently

operated under part 121 are already required to comply.)

Contrary to one commenter's belief, the present smoking ban on

domestic flights does not eliminate the need for lavatory smoke

detection and fire extinguishment. On the contrary, the smoking ban

could increase the temptation for some passengers to smoke illicitly

in the lavatory and thereby increase the possibility of a fire

originating in that compartment. The presence of a smoke detector

serves as a deterrent to illicit smoking as well as a means of warning

when it does occur.

Contrary to the commenter's belief, the presence of a flight

attendant in the cabin would not compensate for the lack of a lavatory

smoke detector and fire extinguisher. A lavatory is designed with an

effective ventilation system to preclude normal odors from entering

the cabin. In the absence of a smoke detector, the ventilation

systems also precludes early detection of illicit smoking or a fire by

persons in the cabin. In addition, the materials typically contained

in the waste receptacles are highly flammable and could burn out of

control quickly if there were no automatically discharging

extinguishers. It is possible that a flight attendant would not know

the fire exists until it has grown to catastrophic proportions.

The cost estimates provided by two commenters appear to be based

on a misunderstanding concerning the qualifications of a required

lavatory smoke detector. Such detectors serve primarily to enhance

the capability of crewmembers to detect lavatory fires visually. They

are, therefore, not required to meet all of the performance and

environmental requirements applicable to primary detectors used in

isolated compartments, such as cargo compartments. Anything that

meets the ordinary dictionary definition of a lavatory would be

covered by this requirement.

Therefore, because the adverse service experience that prompted

the adoption of § 121.308 applies equally to any airplane, large or

small, with a lavatory and because the commenters' cost estimates are

obviously based on a misunderstanding of the required smoke detector

qualification, the FAA is adopting this requirement in substance as

proposed. The final rule has been revised to provide operators 2 years

from the date of publication to comply with the lavatory smoke

detector system and fire extinguisher requirements. In addition, the

rule states that operators of 10- to 19-seat airplanes that have a

lavatory must have a smoke detector system or equivalent that provides

either a warning light in the cockpit or an audio warning that can be

readily heard by the flightcrew. This will accommodate airplanes that

do not have flight attendants.

Emergency equipment inspection. Section 121.309(b) requires that

each item of emergency and flotation equipment must be inspected

regularly in accordance with inspection periods established in the

operations specifications to ensure its condition for continued

serviceability and immediate readiness to perform its intended

emergency purpose. Section 135.177(b) contains a similar requirement

for part 135 operators of airplanes with more than 19 seats. In this

section, the FAA proposed requiring affected commuter operations,

including those with airplanes of 10 to 19 seats, to comply with the

existing part 121 requirement. Other provisions in the proposal would

require affected commuters to install additional emergency equipment.

No comments were received on this issue and the final rule is adopted

as proposed.

Hand-held fire extinguishers. Sections 121.309(c) and 135.155

contain similar requirements for hand-held fire extinguishers aboard

airplanes. Part 121 requires at least two of the fire extinguishers

to contain Halon, or an equivalent, and mandates placement of the fire

extinguishers, while part 135 does not. In Notice 95-5, the FAA

proposed that affected commuters comply with the part 121 requirements

for fire extinguishers and that § 121.309(c)(7) be amended to require

that at least one of the fire extinguishers in the passenger

compartment contain Halon or the equivalent. No comments were

received on this issue and the final rule is adopted as proposed.

First aid kits and medical kits. Section 121.309(d) requires

that both approved first aid kits and approved emergency medical kits

be carried on board passenger-carrying airplanes. The medical kits

are intended to be used only by medically qualified persons, such as

doctors, who may be on board the airplane. Section 135.177(a)(1)

requires first aid kits to be carried on board airplanes with more

than 19 passengers.

The FAA proposed that first aid kits be required for all

airplanes with more than 9 passenger seats operating under part 121

and medical kits be required for airplanes that are required to have a

flight attendant. The FAA stated in Notice 95-5 that, after review of

the comments, the FAA might decide to require a medical kit for all

10-19 seat airplanes.

In Notice 95-5 the FAA pointed out that affected commuters would

have to comply with a recent rule requiring disposable latex gloves

for first aid kits and medical kits.

Comments: Six commenters disagree with the proposed requirement

to have first aid kits on 10- to 19-seat airplanes. Most of the

commenters cite lack of space and the lack of necessity for the

equipment. Commenters believe that the first aid kit would not

provide enough of a medical benefit to justify its cost. Two of these

commenters oppose the addition of latex gloves as part of the first

aid kit. One commenter believes that the equipment would place

additional liability on employees. One commenter concurs with both

proposed requirements.

Two commenters provide additional cost information for first aid

kits. One of the commenters estimates $1,500 per airplane and the

other estimates $1,500 without specifying the number of entities

involved (i.e., airplane(s) or fleet).

AACA agrees with the requirement for first aid kits on all

commuter airplanes whether a flight attendant is available or not.

According to the commenter, regardless of the size of the airplane,

inflight emergencies could occur and a first aid kit may be needed.

In the absence of a flight attendant, a crewmember or passenger could

use the first aid kit. The commenter also estimates costs of $4,359

for Alaskan commuter air carriers in the first year and $436 each year

thereafter to meet the requirement, but there is no explanation of the

detail.

Four commenters disagree with the required medical kits on 20 to

30 seat airplanes. These commenters cite lack of space and the lack

of necessity for the equipment. Three commenters argue that medical

kits should not be required on airplanes with less than 30 seats due

to the lack of trained personnel and the low likelihood that a medical

professional would be on board. One commenter believes that the

equipment would place additional liability on employees. One

commenter concurs with the proposed requirements.

One commenter provides a cost estimate of about $2,000 per

airplane for the medical kit requirement. However, the cost estimate

is not supported by any documentation.

FAA Response: The FAA maintains that certain of these

requirements are necessary to enhance safety. The ability to respond

in the early stages of a medical emergency is critical and could save

lives in the event of an in-flight injury or an accident.

Additionally, the FAA maintains that latex gloves as were required by

a 1994 rule change (59 FR 55208, November 4, 1994) should be included

in these first aid kits because they guard against transmission of

disease through spilled blood. In sum, no commenter provides any

compelling reason to eliminate the first aid kit requirement,

especially considering that these airplanes often operate in remote

areas where medical assistance may not be available. The FAA has

determined that emergency medical kits will be required for airplanes

requiring a flight attendant. For airplanes not having a flight

attendant, requiring a medical kit poses problems, such as a lack of

security, no one to monitor the use of the kit, and no one to check

the credentials of a person who professes to be a doctor and able to

administer the medical treatment.

The regulations allow flexibility in the location and mounting

methods of kits. Depending on the weight of the kit and Velcro surface

area, Velcro may be sufficient. Even if Velcro is not practical in a

particular instance, other low-cost alternatives, such as leather

straps with buckles, are acceptable.

Crash ax. Section 121.309(e) requires that each airplane be

equipped with a crash ax, while § 135.177 requires a crash ax for

airplanes with a passenger seating configuration of more than 19

passengers. Under part 135 the crash ax is to be accessible to the

crew but inaccessible to the passengers during normal operations. The

FAA proposed in § 121.309(e) to require a crash ax for each airplane

that has a flight deck separate from the passenger cabin and a

lockable door.

Comments: One commenter disagrees with the FAA assertion in

Notice 95-5 that the crash ax is useful only for egress from the

flight deck to the cabin in the event of an emergency. The commenter

says that the Airplane Flight Manual of one popular 19-seat commuter

airplane suggests that preparation for certain gear-up landings

include opening an overwing exit inflight, because even relatively

minor distortion of the fuselage in a small airplane can render exits

unusable. Thus, the crash ax could be used for prying open an exit.

Raytheon states that if a key lock is required as proposed on

lockable doors in 10- to 19-seat airplanes, then a crash ax would be

required. The commenter states that removal of the door would

eliminate the requirements for a lock and a crash ax.

A third commenter supports the proposal as written in Notice 95-5

to require a crash ax only in airplanes that have a separate flight

deck with a lockable door.

FAA Response: The primary purpose in requiring that a crash ax

be carried is to allow emergency egress after an accident if airplane

exits are unuseable. However, the FAA agrees with commenters that

there could be other uses for the ax including egress of the cockpit

crew.

After considering the comments and reviewing the proposed

requirement, the FAA has determined not to require crash axes on

nontransport category airplanes type certificated after December 31,

1964, primarily because these airplanes are not required to have a

lockable door. The FAA has determined that the lockable doors that

exist in nontransport category airplanes type certificated after

December 31, 1964, are frangible and obviate the need for a crash ax

on the flight deck. Also carrying a crash ax in these airplanes

creates a security risk since the ax would not be inaccessible to

passengers.

Emergency evacuation lighting and marking requirements. Section

121.310(c), by referencing § 25.812(e), requires emergency evacuation

lighting for passengers when all sources of illumination more than 4

feet above the floor are totally obscured. This requirement applies

to all transport category airplanes regardless of how many passenger

seats they have. There is no corresponding requirement in part 23 or

in part 135 for airplanes having a passenger-seating configuration of

less than 20 seats.

Section 121.310(d) for emergency light operation requires that

each light required by paragraphs (c) and (h) must be operable

manually and must operate automatically from the independent lighting

system. As proposed, these requirements would apply to affected

commuters. In § 121.310(d)(2)(i) each light must be operable manually

both from the flightcrew station and from a point in the passenger

compartment that is readily accessible to a normal flight attendant

seat.

Section 121.310(e) requires that an exit operating handle may not

be used if its brightness decreases below a specified level. Section

135.178(e) contains an identical requirement for airplanes having a

passenger seating configuration of more than 19 seats. Under the

proposal the requirement would also apply to airplanes with a

passenger configuration of 10-19 seats.

Section 121.310(f) contains standards for access to various exit

types that presently apply only to transport category airplanes.

Section 135.178(f) is identical to § 121.310(f) for airplanes having a

passenger configuration of more than 19 seats. The FAA proposed to

amend § 121.310(f) to exclude nontransport category airplanes.

Section 121.310(g) (and its parallel requirement in § 135.178(g)

for more than 19 passenger seat airplanes) requires emergency exits to

be marked on the outside by a 2-inch band contrasting in color with

the surrounding fuselage. Most airplanes with a passenger-seating

configuration of less than 20 seats operating under part 135 are

already required to meet this requirement and, for those that do not,

compliance with this requirement as proposed would merely require

painting the bands around each exit.

Section 121.310(h) requires airplanes for which the application

for type certification was made before May 1, 1972, to meet the

exterior emergency lighting standards of § 25.812, in effect on April

30, 1972, or any later standards in effect if the application for type

certification was made later. The FAA proposed to require

nontransport category airplanes type certificated after December 31,

1964, (i.e., part 23 normal and utility category) to comply with

§ 25.812 in effect April 30, 1972, within 2 years after the

publication date of a final rule.

The FAA proposed that airplanes with a passenger-seating

configuration of less than 20 seats previously operated under part 135

be required to comply with the above-described emergency lighting

systems (that is, emergency exit signs, interior lighting, exit

handles, and exterior lighting) and, except for the marking

requirement discussed above, proposed a compliance date 2 years after

the publication date of a final rule.

Comments: Sixteen comments were received on proposed § 121.310.

All commenters oppose the proposal to retroactively require any

additional emergency exit signs or emergency lighting on 10-to-19

passenger seat commuter airplanes.

Several commenters state that the cost of retrofitting in-service

airplanes with an emergency lighting system would be much more

expensive than the FAA expected when the notice was prepared.

Six commenters note the size of the cabin area of these airplanes

and that no person is seated more than 8 feet (or two or three rows)

from an exit. One of these six also notes that no person is more than

12 feet from two exits.

Four commenters note that an emergency evacuation demonstration

is required for the certification of commuter category airplanes and

that these demonstrations have shown that the airplanes can be

evacuated, under conditions of total darkness, in less than 90

seconds. Two other commenters note that there is no known service

history or adverse accident data related to commuter operations to

support the need for this proposal. Therefore, all six of these

commenters believe there is no justification for the proposal and each

of them recommends that it be withdrawn.

One commenter believes that the current briefing on exit

locations and their use is sufficient and that no further action is

needed. Two commenters believe that the requirement in

§ 121.310(c)(3) to show compliance with § 25.812(e) does not add any

safety to these airplanes. They point out that the height of the

ceiling in their airplane is only 4 3/4 feet high and question the

need to comply with the provision of § 121.310, which requires

compliance with § 25.812(e). Section 25.812(e) requires escape path

markings for passenger guidance, "when all sources of illumination

more than four feet above the cabin aisle floor are totally obscured."

According to commenters, with a ceiling height of only 4 3/4 feet, it

is likely that the required exit markings are located less than 4 feet

above the floor and that compliance with §§ 121.310(c)(3) is not

necessary.

Another commenter believes that the requirement in § 25.812 for

emergency lighting to operate for 10 minutes is not needed for these

airplanes. The commenter points out that the required emergency

evacuation time for these airplanes is much less than 10 minutes and

that this requirement should be adjusted accordingly. One other

commenter suggests that flashlights be made available. Finally, two

commenters acknowledge that emergency lighting may enhance safety;

however, they also believe that this enhancement in safety can be

provided by a lighting system that is less expensive, less complex,

and much lighter than the one envisioned by § 121.310. Accordingly,

they provide some suggestions for such a system.

Embraer, a foreign manufacturer of transport category airplanes,

believes that § 121.310(f) should also be amended to exclude smaller

(e.g., 20 to 30 passenger) transport category airplanes as well as

nontransport category airplanes. The commenter believes that a

passenger seat would have to be removed from its product for operation

under part 121 if smaller transport category airplanes were not also

excluded from this section.

AACA supports the proposed amendment to § 121.310(g).

The only other comment received concerning this issue was from an

individual who requests resolution of the issue of whether the 2-inch

wide contrasting band has to be on the fuselage surrounding the

emergency exit or on the exit itself.

FAA Response: Section 23.803 does require an emergency

evacuation demonstration, as noted by the commenters; however, the

demonstration is required primarily to compensate for the differences

in evacuation design features (e.g. aisle width, exit size, etc.)

required by part 23 and those of part 25. Like the demonstrations

required by part 25 for airplanes with more than 44 passengers, the

demonstrations are intended to evaluate the evacuation capability of

the airplane under standard conditions and are not intended to show

the evacuation capability of the airplane under the most adverse

condition that could be encountered. They are not intended, for

example, to demonstrate the evacuation capability of the airplane when

there is dense smoke in the cabin or when there is hazardous, damaged

structure in the vicinity. The applicability of the required

evacuation demonstrations to the need for emergency lighting is

therefore limited.

Passengers must egress rapidly in the event of fire. Contrary to

the commenters' assertions concerning a lack of adverse service

experience, the FAA is aware of at least six instances since 1980 in

which passengers had to be evacuated because of fire from such

nontransport category airplanes or transport category airplanes with

cabins of similar size. There is no doubt that safety can be enhanced

considerably by requiring compliance with the emergency lighting

requirements proposed in Notice 95-5. Nevertheless, the installation

of such lighting is very costly.

In response to excluding smaller airplanes from the requirements

pertaining to access to exits, § 121.310(f)(2) states, in part, that

there must be enough space next to each Type I or Type II emergency

exit to allow a crewmember to assist in the evacuation of passengers

without reducing the unobstructed width of the passageway below that

required (20 inches wide). Part 135 contains the same requirement for

airplanes having a passenger seating capacity of more than 19 seats.

Since the commenter's product has more than 19 passenger seats

and numerous examples are already in service in this country, the

airplanes have presumably been shown to comply with either

§ 135.178(f)(2) or the identical text of § 121.310(f)(2). Thus, this

rulemaking would not impose any new burden on airplanes with more than

19 passenger seats.

Section 121.310(g) states that exterior exit markings "must be a

2-inch wide colored band outlining each passenger exit on the side of

the fuselage." Since the band is outlining the exit it would be on

the fuselage, not on the exit.

After reviewing the costs and benefits associated with the

proposed emergency lighting requirements, the FAA has decided to

revise the final rule as follows:

1. The floor proximity lighting requirements in

§ 121.310(c) will apply to all airplanes except non-transport category

airplanes type certificated after December 31, 1964. In effect, this

is not a change from current requirements. Affected airplanes with 10

to 19 passenger seats will not have to comply because of the small

cabin size, the probability that passengers would be able to find the

emergency exits without floor lighting, and the high cost of

retrofitting for these requirements.

2. The interior light operation requirements of

§ 121.310(d) do not apply in the final rule to nontransport category

airplanes certificated after December 31, 1964, since the requirements

of § 121.310(c) and (h) apply only to transport category airplanes.

3. The requirement for an illuminated exit operating handle

(§ 121.310(e)) remains as proposed. The compliance date for retrofit

requirements for 10- to 19-seat airplanes is 2 years after publication

of the final rule.

4. Section 121.310(f) was proposed to apply to airplanes with a

passenger-seating configuration of more than 19 seats. This remains

in the final rule.

5. The requirement for marking emergency exits on the outside in

§ 121.310(g) remains as proposed since compliance is relatively simple

and inexpensive for all affected operators.

6. The exterior lighting standards in § 121.310(h) are revised

to except nontransport airplanes type certificated after December 31,

1964..

Seatbacks. Section 121.311(e) prohibits a certificate holder

from taking off or landing unless passenger seats are in the upright

position. Section 135.117 requires only that passengers be briefed

that seats should be in the upright position. The FAA proposed that

affected commuters be required to comply with § 121.311.

Comments: One commenter objects to the requirement because the

pilots cannot assure compliance in a 19-seat airplane, especially

during landing.

FAA Response: The FAA intended for those flights with flight

attendants to be operated in accordance with the current § 121.311.

For these flights on nontransport airplanes type certificated after

December 31, 1964, the FAA has included wording to clarify that the

pilot must only instruct the passengers to place their seatbacks in

the upright position. The final rule has also been revised to add a

new subparagraph to § 121.311(e) that provides that on an airplane

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

seatback in the upright position. This change is needed to clarify

what is required for airplanes that do not have a flight attendant.

Seat belt and shoulder harnesses on the flight deck. Section

121.311(f) requires a combined seat belt and shoulder harness with a

single-point release that meets the requirements of § 25.785. Part

135 does not contain a requirement for a single-point release system

although the FAA believes that virtually all commuter category

airplanes being manufactured today have such a system. To ensure that

this is the case for newly manufactured airplanes, the FAA proposed in

§ 121.2(e)(1) to require that airplanes manufactured after 1 year

after publication of the final rule meet the requirements of

§ 121.311(f).

Comments: One commenter concurs with the proposal.

FAA Response: The final rule remains substantively as proposed,

except that compliance is within 15 months after publication of the

final rule. However, to clarify that § 121.311(f) applies to newly

manufactured nontransport category airplanes, appropriate language is

added to that paragraph.

The final rule also revises § 121.311(h) to allow crewmembers for

affected commuters to release the shoulder harness if they cannot

perform their duties otherwise.

Interior materials and passenger seat cushion flammability.

Section 25.853(b) was amended in 1984 to require seat cushions to meet

greatly enhanced flammability standards. At the same time,

§§ 121.312(b) and 135.169(a) (but not for commuter category airplanes)

were amended to require airplanes already in service to meet the

improved seat cushion flammability standards after November 1987. In

the years that have passed since that date, the improved cushions are

credited with saving a number of passengers' lives.

The FAA proposed to require nontransport category airplanes type

certificated after December 31, 1964, to comply with the same seat

cushion flammability standards that apply to other airplanes operated

under part 121. The proposed compliance date was 2 years after the

publication date of the final rule or on the first replacement of the

cushions, whichever occurs first. The proposed rule also allowed for

granting deviations for up to 2 additional years when justified by

unique integral-seat cushion configurations.

The FAA also proposed that the interior components of

nontransport category airplanes manufactured after 4 years or more

after the publication date of the final rule must meet the same

standards that those components must meet when installed in transport

category airplanes with 19 or fewer passenger seats. Those standards,

which involve testing with Bunsen burners, are not to be confused with

the Ohio State University (OSU) radiant rate of heat release testing

required for large-surface area components installed in airplanes with

20 or more passenger seats. (See proposed § 121.2(e)(2)(ii).)

Comments: ALPA supports the proposed retroactive requirements,

including this proposal.

Fairchild and AIA present identically worded statements opposing

the proposed requirement that seat cushions would have to comply with

the flammability standards of §§ 25.853(b) and 121.312(b). In that

regard, they state that they know of no evidence that compliance would

provide a significant safety benefit in 10 to 19 passenger airplanes.

They do not believe that compliance would delay the spread of a fire

enough to be an important factor in survival. In that regard, they

note that the seats in smaller airplanes tend to be lightweight and

offer relatively little mass of material to fuel a fire. Also, they

believe that cabin fires are less likely to occur because the small

size of the cabin restricts the amount of carry-on baggage and makes

inappropriate passenger activity less likely. Finally, they believe

that the FAA would have proposed such rulemaking already if warranted.

NATA also believes the higher flammability standards would not be

effective in smaller airplanes. That commenter asserts the cost of

compliance would be $20,000 per airplane.

Commuter Air Technology observes that the Beech King Air

executive airplanes they modify for commuter air service would not

have to comply in their original executive configuration because they

have fewer than ten seats, yet would have to comply as modified

because they have more than ten seats.

Big Sky Airlines and RAA suggest that the compliance period

should be extended to enable replacement during the routine seat

replacement cycle. One of these commenters quotes a compliance cost

of $30,000 for each 19 passenger airplane.

Mesa does not express support or opposition to the proposal, but

states that compliance would entail $12,000, 36 pounds, and 10 hours

for a Beech 1900C, or $3,400, 38 pounds, and 10 hours for either a

Beech 1900D or Jetstream 3100.

No comments were received concerning the proposal to require

commuter category airplanes produced four years or more after the

effective date to comply with the Bunsen burner test of part 25

(§ 25.853(a)). One commenter states that the installation of interior

materials complying with § 25.853(c) would not improve the level of

safety of airplanes with 10 to 19 passenger seats.

FAA Response: The commenters focus on the cost of compliance and

the lack of a need for added fire protection in smaller airplanes.

In regard to costs, the commenters appear to have a misconception

concerning the scope of the rulemaking. The costs fall into one of

two categories--the cost of developing and testing suitable cushion

materials and the actual cost of replacing individual seat cushions.

In regard to the former, § 25.853(c) does not require each seat

cushion to be tested, nor does it require each seat cushion design to

be tested. Instead it simply states that each cushion must meet the

flammability standards. An applicant has the option of utilizing a

seat cushion material that meets the flammability standards; however,

most choose to comply by using a covering material that protects the

cushion from the fire. (The latter are usually referred to as "fire-

blocked seats.") Individual seat cushions or individual seat cushion

designs do not have to be tested if they can be shown to meet those

standards by similarity to other cushions that have been tested

previously and found to meet the standards. Advisory Circular (AC)

25.853-1, Flammability Requirements for Aircraft Cushions, issued

September 17, 1986, provides guidance in that regard. In the years

that have passed since transport category airplanes used in part 121

or 135 service were first required to comply, many different possible

seat cushion designs have already been tested and found satisfactory.

It is, therefore, quite possible to utilize a seat cushion material

or fire-blocking material that has already been shown to comply with

the flammability standards. In that regard, many of the affected

airlines are affiliated with major airlines and have ready access to

the same means of compliance adopted several years earlier by those

major airlines.

Contrary to some commenters' beliefs, the use of seat cushions

meeting these flammability standards is quite effective in the cabins

of smaller airplanes. Some commenters note that the amount of cushion

material is relatively small in 10- to 19-passenger airplanes. While

the amount of cushion material in those airplanes is obviously much

less than that in larger airplanes, it represents approximately the

same portion of the total flammable material in those airplanes as in

the larger airplanes. In addition to representing a large portion of

the materials in the cabin that are flammable, the foam materials

typically used for seat cushions are, by far, the most flammable of

all the materials used in the cabin. A secondary, but no less

significant, benefit is that cushions meeting these flammability

standards are much less likely to ignite and sustain a flame than

those that do not meet the standard. Precluding a fire from occurring

is obviously the best possible form of fire protection.

The FAA conducted a series of 12 full-scale fire tests at its

Technical Center at Atlantic City, New Jersey, using the fuselage of a

Metroliner. The cabin of the Metroliner is typical of those of the

part 23 Normal or Commuter Category airplanes with 10 to 19 passenger

seats. Under the test conditions, it was shown that using seat

cushions meeting these flammability standards, in lieu of the

flammability standards that would otherwise be applicable, would

afford passengers approximately 45 additional seconds in which to

escape.

The primary benefit of having seat cushions that meet these

flammability standards is to afford occupants more time in which to

egress in a post-crash fire situation; however, such cushions also

provide additional protection should an inflight cabin fire occur.

Contrary to the beliefs of commenters in that regard, the FAA is aware

of at least six instances in which cabin fires have been experienced

since 1980 in nontransport category airplanes or transport category

airplanes with cabins of similar size.

In their recommendation A-88-96, the National Transportation

Board (NTSB) recommended the use of fire-blocking materials on seats

in part 23 normal and commuter category airplanes. Fairchild, AIA,

and others state that the fact that the FAA has not previously adopted

seat cushion flammability standards for those airplanes is evidence

that they would not result in a significant improvement in safety.

The FAA has, in fact, initiated separate rulemaking in that regard

(Notice No. 93-71, 58 FR 38028, July 14, 1993).

The intent of Notice 95-5 was to mitigate the cost by allowing

compliance to coincide with the normal wear replacement cycles. Since

compliance can be achieved whenever the seat cushions or seat

coverings are being replaced due to normal wear, the cost of

compliance for each seat is just the additional cost of including the

fire-blocking layer along with the covering.

Based on the above, the FAA has decided to adopt the seat cushion

flammability standards of § 121.312(c), but to allow a compliance

period of 15 years after the publication date of this rule. The FAA

felt that the immediate cost of this retrofit would have negatively

affected the industry. By allowing up to 15 years, it should be

possible for all replacements to be scheduled within normal

replacement cycles. An additional benefit of a 15-year compliance

period is that certificate holders can coordinate their compliance

with this section with their plans for meeting other extended

compliance times, i.e., meeting the performance and accelerate-stop

requirements and installation of a third attitude indicator.

As noted above, the FAA also proposed that the interior

components of nontransport category airplanes newly manufactured 4

years or more after the publication date of the final rule must meet

the same standards that those components must meet when installed in

transport category airplanes with 19 or fewer passenger seats (i.e.

Bunsen burner testing). After reviewing the present requirements, the

FAA determined that the interior components of those airplanes are

already required to meet the same flammability standards for type

certification. Since the standards are identical, it is not necessary

to specify the flammability standards as an additional requirement for

newly manufactured airplanes. Section 121.312(a) has been amended in

the final rule to clarify the applicability of the flammability

standards to nontransport category airplanes used by affected

commuters.

Section 121.312 provides the interior material flammability

standards for airplanes operated under that part. As described above,

the substantive provisions of that section are being retained, and the

provisions applicable to airplanes being brought over from part 135

are being incorporated. In this final rule, § 121.312 is reorganized

to highlight the applicable provisions and to provide greater clarity;

the appropriate substantive text has been retained. Furthermore,

appendix L is being added to part 121 to explain the regulatory

citations for the part 25 provisions that have been superseded.

Although those standards are not current insofar as new type

certification under part 25 is concerned, they are referenced in part

121 and remain applicable for compliance. The addition of appendix L

only clarifies existing requirements; therefore, it is adopted without

prior notice and comment.

Miscellaneous Equipment. Notice 95-5 specifically discussed the

proposal that would require affected commuters to comply with the

miscellaneous equipment requirements of § 121.313(f) and (g).

However, although not specifically discussed in Notice 95-5, §

121.313(c) pertaining to a power supply and distributive system would

also be required.

Comments: Fairchild Aircraft notes that § 121.313(c) requires a

power supply and distribution system that meets the requirements of

six sections of part 25. Because § 121.313(c) does not assign an

effective date to this list of part 25 sections, Fairchild assumes

that it is the current version of each section that would be

applicable. Fairchild also questions whether all airplanes currently

operated under part 121 meet the current standards of part 25. Based

on their assumption that their airplanes would have to meet current

sections of part 25 and the fact that SFAR 23 and SFAR 41 airplanes do

not meet those requirements, Fairchild proposes amending § 121.313(c)

to except nontransport category airplanes type certificated after

December 31, 1964, from this requirement.

FAA Response: The commenter has correctly identified the

sections of part 25 that are listed in § 121.313(c): however, the

commenter has apparently overlooked the alternative provisions

contained in that section. In part, § 121.313(c) also reads: "or

that is able to produce and distribute the load for the required

instruments and equipment . . . ." This additional text of

§ 121.313(c) allows the use of a power supply and distribution system

that performs this function regardless of whether it complies with the

listed sections of part 25. The commenter's proposed amendment is not

needed because § 121.313(c) already includes provisions for alternate

means of compliance. The commenter's products have already been shown

to comply with this alternative.

The commenter is correct in believing that some airplanes

currently operated in part 121 service might not meet the current

sections of part 25 listed in § 121.313(c). The issue is moot,

however, since § 121.313(c) provides for alternative means of

compliance.

Cockpit doors and door keys. Section 121.313(f) and (g) require

that there be a lockable door between the cockpit and the cabin and

that there be a key for each cockpit door that is readily available to

each crewmember. Part 135 does not have such requirements. The FAA

proposed that the affected commuters be required to comply with the

part 121 rules if there is a door with a lock or a door that can be

retrofitted with a lock. (Curtains or accordion doors are not

considered lockable doors.) If a lockable door already exists or can

be retrofitted, the certificate holder would be required to provide a

cockpit key that is readily available to each crewmember.

Accordingly, the language of § 121.313(f) was changed to except

nontransport category airplanes certificated after December 31, 1964,

without a door. Transport category airplanes already are required to

have a door and a lock with a key.

Comments: Most of the comments received on this issue oppose the

requirement for a locking cockpit door and key. Several commenters

say that the cockpit door on EMB-120 airplanes cannot be locked when

the observer jumpseat is in use. These commenters are concerned that

strict adherence to the wording of the rule would require them to

retrofit the door, redesign the cabin, and probably remove a revenue

seat, all at a high cost. These commenters recommend that the EMB-120

be exempted from the requirement when the observer jump seat is in

use. One commenter states that some nontransport category aircraft

that will transition to part 121 do not have a cockpit door lock and

key and may not be able to install one. One commenter states that

operators will be required to obtain a supplemental type certificate

to retrofit airplane doors with key locks. Another commenter states

that this requirement would force operators to choose between removing

the high-quality cockpit door installed at great expense on BE 1900D

aircraft which provides protection from cabin illumination glare

during night operations, or installing and using a lock on this door,

both of which are contrary to safety. One commenter states that the

1900C and 1900D airplanes have frangible doors between the cockpit and

cabin to reduce distractions. According to the commenter, as

proposed, the rule would require installation of locks on those doors.

Finally, one commenter says that the wording of the cockpit door

requirement should be clarified to exclude 10 to 19 seat aircraft not

yet produced. According to the commenter, the proposal resolves the

problem for existing 10-19 seat airplanes. However, proposed §

121.2(f) would require all new airplanes to be certificated in

transport category. The commenter states that new 10-19 passenger

airplanes will have the same problem as existing nontransport category

types; that is, cockpit doors will neither be practical nor

appropriate. The commenter recommends amending § 121.313(f) to read

"... except that airplanes type-certificated for a maximum of 19 or

fewer passengers are not required to comply with this paragraph."

AACA notes that the language of § 121.313(f), which lists

required equipment for operating an aircraft, should be changed to

exclude airplanes that do not have cockpit doors.

FAA Response: The FAA maintains that the cockpit key and door

lock requirement should be retained to enhance aviation safety.

However, the final rule language is clarified to require compliance

only for airplanes with a passenger-seating configuration of 20 or

more seats. Therefore, the requirement for a door lock and cockpit

key does not apply to nontransport category airplanes type

certificated after December 31, 1964 even if the airplane has a

cockpit door.

In response to the comments regarding the EMB-120, § 121.587

allows for the door to remain open, if necessary, to provide access

for a person authorized admission to the flightcrew compartment. This

allows for the door to be open if the jump seat is in use by an

authorized person. Section 121.587 applies to large airplanes which

includes the EMB-120.

The FAA acknowledges that the commenters correctly state that

keyless locks in airplanes with a passenger seating configuration of

20 or more would have to be retrofitted to work with keys.

Certificate holders that would have to retrofit their door locks would

incur a higher cost to comply with the requirement. Yet, the FAA

strongly believes that keyless locks which only lock from the cockpit

side pose a severe safety hazard if the pilots become incapacitated.

The FAA maintains that an extended time period to retrofit locks is

not justified in light of the many other new requirements which are

even broader in scope.

Cargo and baggage compartments. Part 25 (as referenced in §

121.314) contains requirements for cargo or baggage compartment

liners, smoke detection, and fire extinguishment for various classes

of compartments. The compartment classification system, also

duplicated in § 121.221 (which as previously discussed applies only to

certain airplanes type certificated before November 1, 1946), is based

on the compartment's accessibility for fire detection and

extinguishment. Part 25 was amended in 1989 to require the liners of

Class C and D compartments to meet more stringent flammability

standards. Section 121.314 was also adopted at that time to require

the improved liners in existing transport category airplanes on a

retroactive basis.

Part 23 contains no classification system or requirements for

compartment fire protection; however, a proposed rule to add

comparable requirements was issued on July 22, 1994 (59 FR 37620).

The FAA proposed in § 121.2(e)(2)(ii) by referencing § 121.314 to

require this modification for commuter category (or its predecessor)

airplanes manufactured 4 years or more after the publication date of

the final rule. However, in Notice No. 95-5, the FAA did not propose

to amend § 121.314, which currently applies only to transport category

airplanes.

Comments: Two commenters submitted identical comments concerning

this proposal. Both commenters believe that the cargo or baggage

compartment classification system of § 25.857, referenced in §

121.314, is not suitable for smaller airplanes with fewer than 20

seats and that the smoke detector and fire extinguisher requirements

are unreasonable and unnecessary in those airplanes. In that regard,

they note that many commuter category airplanes are convertible from a

full passenger configuration with a relatively small baggage

compartment to combination passenger/cargo (combi) configurations to

cargo only. They do not believe that it is practical to modify any of

the combi configurations to comply with any of the cargo compartment

classes defined by § 25.857. They assert there has been no history of

service problems indicating a need for such features.

No comments were received concerning compartments other than

those of combi airplanes. Also, no commenters responded to the

request in the preamble to Notice No. 95-5 for information concerning

less-costly alternatives such as requiring only liners and smoke

detection.

FAA Response: The FAA agrees that the present requirements of

§ 25.857 are not entirely suitable for airplanes with a passenger

seating capacity of less than 20 and the FAA has initiated a

rulemaking project to develop and propose similar standards that would

be suitable for these airplanes. In view of this project the FAA has

decided to defer this proposal for future rulemaking.

Fuel tank access covers. As a result of the 1985 Manchester

British Air Tours accident (in which a piece of metal from the

aircraft engine punctured the fuel tank access panel and created a

fire), § 25.963(e) was amended in 1989 to require that all covers

located in an area where a strike by foreign objects is likely must

have as much resistance to fire or debris penetration as the

surrounding structure. Concurrent with the part 25 amendment,

§ 121.316 was amended to require airplanes already in service to

comply with § 25.963(e) on a retrofit basis. These requirements

pertain to all transport category, turbine-powered airplanes. Due to

their smaller size and turbo-propeller configuration, part 23

airplanes generally do not present the same hazard. The FAA did not

propose to require part 23 airplanes to comply with §§ 25.963(e) and

121.316. Since § 121.316 applies only to "turbine-powered transport

category" airplanes, no rule change is needed. The FAA points out

that turbine-powered transport category airplanes previously operated

under part 135 would have to comply with § 121.316.

Comments: Raytheon Corporation submitted comments on the costs

of complying with § 25.963(e) for airplanes that in the future would

be required to be type certificated in the transport category under

part 25.

FAA Response: As previously discussed, the applicability of all

present part 25 requirements to airplanes with a passenger seating

capacity in the 10-19 range for which a type certificate is applied

for after March 29, 1995, will be dealt with in a future rulemaking

action. Since Notice No. 95-5 did not propose any change for

airplanes in existence or for airplanes newly manufactured under

existing type certificates, this issue need not be discussed further

in this rulemaking.

Passenger information. Notice 95-5 proposed that affected

commuters would comply with the passenger information requirements in

§ 121.317. There was no preamble discussion of this section because

the FAA determined that current requirements for affected commuters in

§§ 135.127 and 91.517 were substantively the same as those in

§ 121.317.

Comments: Three comments were received on this section.

Commuter Air Technology suggests that seatbelts should be worn the

entire time for flights of less than an hour and a half. According to

the commenter, requiring seatbelts at all times while engines are

running would provide better passenger safety, remove an unnecessary

checklist item from the flight station, and eliminate the probability

of missing a flight due to an inoperative sign. According to the

commenter, each seat could be placarded and the co-pilot could make a

visual check of passenger compliance after closing the door hatch

prior to departure.

Two commenters state that § 121.317(a) should be revised to allow

permanently lighted no-smoking signs or conspicuous placards, since

smoking is prohibited on all flights.

FAA Response: Section 121.317 sets minimum requirements. Both

§§ 121.317 and 135.127 allow the use of no smoking placards that meet

the requirements of § 25.1541 if the placards are posted during the

entire flight segment. Section 121.317(a) requires passenger

information signs (fasten seatbelt signs and no smoking signs) that

the pilots can turn on and off and § 121.317(b) specifies when fasten

seatbelt signs must be turned on. To ensure that the present

requirements of § 121.317 are not interpreted so as to prohibit the

use of placards in certain airplanes, a clarifying amendment is

included in the final rule. New § 121.317(l) provides that a person

may operate a nontransport category airplane type certificated after

December 31, 1964, having a passenger-seating configuration of 10-19

seats manufactured before 15 months after the publication date of this

final rule if it is equipped with one placard that is legible to each

person seated in the cabin that states "Fasten Seat Belt" if the

flightcrew orally instructs the passengers to fasten their seatbelts

at the necessary times. Newly manufactured airplanes must comply with

lighted seat belt sign requirements of § 121.317(a) within 2 years

after the date of publication of this final rule. In addition, §

121.317(d) requires one legible sign or placard that reads "fasten

seat belt while seated" that is visible from each passenger seat.

Affected commuters must comply with § 121.317(d) at the time of

recertification under part 121, or within 15 months, whichever occurs

first.

Instruments and equipment for operations at night. Section

121.323 requires two landing lights for night operations. Under the

proposal, the requirement would apply to all affected commuters.

While no comments were received on the proposal, the FAA had intended

to revise § 121.323 to except nontransport category airplanes

certificated after December 31, 1964, from having more than one

landing light. The exception was intended because small airplanes

with shorter wing spans can be operated safely with only one landing

light. The exception was inadvertently omitted from Notice 95-5 but

is included in the final rule.

Oxygen requirements. Sections 121.327 through 121.335 cover

supplemental oxygen requirements and oxygen equipment requirements.

The requirements are similar to the oxygen requirements in § 135.157

except that for certain airplanes, part 121 requires less oxygen.

Each affected commuter who would have to comply with part 121 oxygen

requirements as a result of this rulemaking should be able to operate

its airplanes in accordance with the oxygen requirements specified in

part 121.

Comments: Fairchild Aircraft comments that the first aid oxygen

requirements of § 121.333(e)(3) are inappropriate for smaller commuter

service and that this section should be revised to exclude airplanes

with fewer than 20 seats. This commenter also asks that § 121.335 be

revised to allow oxygen flow rates based on the airplane's

certification basis rather than Civil Air Regulation 4b.651.

Fairchild finds that this would avoid unnecessary complication and

expense.

FAA Response: In the case of first aid oxygen, since Notice 95-5

proposed no flight attendant for the 10- to 19-seat airplane,

requiring the first aid oxygen that would be dispensed by a flight

attendant would not be logical. Since the airplanes operated by the

affected commuters were not type certificated for flight above 25,000

feet and since § 121.333(e)(3) only applies to pressurized airplanes

that operate above 25,000 feet, it would not as a practical matter

apply to commuter (or predecessor) airplane operations. The

requirement does apply to airplanes with 20 to 30 passenger seats, as

proposed.

In the case of § 121.335, the FAA finds that parts 23 and 25

provide standards for oxygen that either meet or exceed the standards

in section 4b.651 of the CAR. Section 4b.651 has a built in deviation

authority.

Portable oxygen for flight attendants. Section 121.333(d)

requires that each flight attendant shall, during flights above 25,000

feet, carry portable oxygen equipment with at least a 15-minute supply

of oxygen, unless enough portable oxygen units with masks or spare

outlets and masks are distributed through the cabin to ensure

immediate availability of oxygen to each flight attendant regardless

of his or her location at the time of cabin depressurization. Part

135 does not have a similar requirement for portable oxygen for flight

attendants. In Notice 95-5, the FAA proposed that affected commuters

who use flight attendants in their operations and that operate above

25,000 feet be required to comply with the part 121 requirement. No

comments were received on this issue and the final rule is adopted as

proposed. For a related discussion on the use of oxygen, see the

discussion under "Oxygen Requirements."

Protective breathing equipment (PBE). Section 121.337 contains

requirements for equipping the flight deck and passenger compartments

of transport category airplanes with PBE. Part 135 does not currently

require any type of PBE.

Section 121.337(b)(8) (smoke and fume protection) requires PBE,

either fixed or portable, to be conveniently located on the flight

deck and easily accessible for immediate use by each flight crewmember

for smoke or fume protection at his or her duty station. In addition,

§ 121.337(b)(9) (fire combatting) requires that for combatting fires a

portable PBE must be located on the flight deck with easy access by

each flight crewmember for fighting fires. Also portable PBE in the

passenger compartment must be located within 3 feet of each hand fire

extinguisher. Both of these requirements provide that the

Administrator may authorize another location if special circumstances

exist that make compliance impractical and the proposed deviation

would provide an equivalent level of safety.

The proposal required affected commuters to comply with the PBE

requirements of § 121.337. To be in compliance, an airplane with a

passenger-seating configuration of 10 to 19 seats would have to have

at least three PBE: one PBE, fixed or portable, for each flight

crewmember at his or her station, and an additional portable PBE on

the flight deck for use in fighting fires. An airplane with a

passenger-seating configuration of 20 to 30 seats would have to have

at least four PBE: one PBE, fixed or portable, for each flight

crewmember at his or her station; an additional portable PBE on the

flight deck for fighting fires; and a portable PBE in the passenger

compartment located within 3 feet of the required hand fire

extinguisher.

The proposal revised the applicability of the current rule to

include other than transport category airplanes. Proposed

§ 121.337(b)(9)(iv) was also revised to except airplanes having a

passenger-seating configuration of fewer than 20 seats and a payload

capacity of 7,500 pounds or less from the requirement to have a PBE in

the passenger compartment. The exception is needed because these

airplanes are not required to have a flight attendant; for these

airplanes, the portable PBE on the flight deck could be used by a

flight crewmember for fighting a fire.

The FAA proposed to require compliance with § 121.337 by a date 2

years after the publication date of the final rule. (See

§ 121.2)

Comments: Several commenters oppose the PBE requirement. These

commenters are concerned about the lack of space in the plane, the

high compliance cost, and the lack of benefits in having the

equipment. These commenters state that PBE equipment on non-

pressurized aircraft is not justified. Two commenters claim that

their current equipment (built in oxygen supply systems and masks)

ought to exempt them from the PBE requirement. One commenter

incorrectly believes that a PBE would be required for the cabin on

METRO aircraft (a 19 seat airplane). One commenter suggests that in

the interest of safety the FAA should reduce the compliance time for

PBE equipment to 6 months. Though commenters provide cost estimates

to install PBE on their airplanes, costs are provided only for 10 to

19 seat airplanes, which would not be required to have PBE in the

cabin.

FAA Response: The FAA maintains that the proposed PBE

requirement for affected commuters is appropriate. There are several

safety benefits for requiring smoke and fume PBE. The use of smoke

and fume PBE required by § 121.337(b)(8) would help prevent the injury

or death of flight crewmembers from smoke or harmful gases.

The FAA contends that there is adequate space in the cabin of 20-

to 30-seat commuter airplanes to accommodate portable PBE for fire

combatting, and no major cabin retrofits would be required. With

regard to firefighting PBE, the FAA has determined that such equipment

is not appropriate for operations with 10-19 passengers. There are no

flight attendants on these flights and the pilots generally remain on

the flight deck to operate the aircraft during an emergency. In an

emergency, passengers will have access to a fire extinguisher and will

be able to assist in extinguishing any flames within the cabin.

However, passengers are not trained in the use of fire combatting PBE

and would not know how to operate such equipment. Accordingly,

nontransport category airplanes type certificated after December 31,

1964, having a passenger-seating configuration of 10- to 19-seats are

excepted in the final rule from the requirements in § 121.337(b)(9)

for having PBE's for combatting fires.

In response to other comments, the lack of a pressurized cockpit

does not diminish the need for PBE to enhance safety in case of fire,

nor can existing oxygen systems provide adequate protection for

fighting a fire. Approved PBE in the cabin must have a protective

hood and be fully mobile.

Due to the broad scope of this rulemaking action, certificate

holders will have to deal with many new requirements. Therefore, as

proposed, a consistent compliance period of 2 years is applied to all

affected airplanes for acquiring PBE.

Emergency equipment for extended overwater operations. Sections

121.339 and 135.167 require that airplanes engaged in extended

overwater operations (more than 50 nautical miles from the nearest

shoreline) provide the following: enough life rafts of a rated

capacity and buoyancy to accommodate the occupants of the airplane; a

life preserver equipped with an approved survivor locator light for

each occupant of the airplane; a pyrotechnic signaling device for each

life raft; a survival kit and a survival type emergency locator

transmitter. In addition, § 121.339 requires that unless excess rafts

of enough capacity are provided, the buoyancy and seating capacity of

the rafts must accommodate all occupants of the airplane in the event

of loss of one raft of the largest rated capacity. In practice, this

requirement is typically met by carrying a spare raft of the largest

rated capacity.

The FAA proposed that the affected commuters that engage in

extended overwater operations should be required to meet the part 121

requirements. As with current part 121 certificate holders, affected

commuters can apply for deviations, and the FAA can decide, on a case

by case basis, if a deviation is appropriate. These deviations are

issued pursuant to § 121.339(a) which permits the Administrator to

allow deviation from the requirement to carry certain equipment for

extended overwater operations. Since there are few extended overwater

operations conducted by commuters, the FAA does not expect this

proposed requirement to have a significant impact.

Comments: Four commenters argue against the requirement for a

spare life raft on commuter airplanes. One commenter says that the

spare life raft is not necessary because seats can be equipped with

additional life vest storage pouches. Another commenter says that the

spare life raft is appropriate for larger airplanes but not for 10 to

30 seat aircraft. This commenter also suggests that the rule should

remain as presently written under § 135.167, and, on a case-by case

basis, the FAA can require certificate holders to obtain a spare life

raft. Another commenter states that spare life rafts should not be

required on aircraft with less than 20 passenger seats because the

requirement will increase operating costs and reduce passenger

revenues. A fourth commenter states that the cumulative weight,

space, and compliance costs will be significant for affected Alaskan

operators and that these costs cannot be spread across a large number

of passenger seats as can be done with a larger aircraft.

Three commenters state that the requirement in § 91.205 (b)(11)

for a pyrotechnic signaling device is understandable for general

aviation aircraft, but is impractical and superfluous for airplanes

operating under part 121 in scheduled air carrier service. The

commenters recommend that § 91.205 be revised to exclude airplanes

operating under part 121.

FAA Response: The FAA maintains that airplanes conducting

extended overwater flights need to carry enough life rafts to

accommodate all passengers in the event of the loss of the life raft

with the largest rated capacity. Such a requirement will enhance

safety in the event of an accident. Individual flotation devices are

not adequate for safety in the event of a water ditching because

passengers tend to separate in open water. A life raft enables

passengers to stay together. An even greater threat is hypothermia, a

sequence of physical reactions resulting from the loss of body heat.

In cold water, a person will experience increased difficulty with

mobility and intense shivering occurs. In arctic waterways, survival

time can be as little as 2 or 3 minutes. Thus, a spare life raft is

appropriate for affected commuters to enhance passenger safety. The

requirement in part 121 for equipping each life raft with a

pyrotechnic signaling device is identical to part 135 for extended

overwater operations. The recommendation to except scheduled air

carriers from the provisions of § 91.205(b)(11) is beyond the scope of

this rulemaking. Moreover, under § 119.1(c) persons subject to part

119 must comply with other requirements of this chapter, except where

those requirements are modified by or where additional requirements

are imposed by parts 119, 121, 125, or 135 of this chapter.

Therefore, the final rule requires commuter airplanes to adhere to

part 121 standards and provides deviation authority on a case by case

basis.

Flotation devices. Section 121.340 requires that a large

airplane in any overwater operation must be equipped with life

preservers or with an approved flotation means for each occupant.

Because it is practically impossible to operate any place without

flying over a body of water of sufficient depth to require some sort

of flotation means, § 121.340 has been applied so that virtually every

airplane is equipped with either flotation cushions or life

preservers. In parts 121 and 135, life preservers are required only

for extended overwater operations, (§§ 121.339 and 135.167).

Therefore, airplanes used in extended overwater operations are already

equipped with life preservers and do not need to have flotation

cushions.

The FAA proposed that airplanes equipped with 10 or more seats

operating in scheduled passenger operations would comply with §

121.340 and accordingly proposed revising the section to delete the

word "large." To allow any replacement of seat cushions to be

coordinated with the seat cushion flammability requirements of §

121.312(c), the FAA proposed a compliance date of 2 years after the

publication date of the final rule.

Comments: The FAA received three comments that oppose the

requirement for flotation devices. One commenter opposes the

requirement because of the equipment cost and weight penalty. This

commenter determines that the seat cushions in the METRO aircraft

would not serve as effective flotation devices. The commenter

provides a cost estimate for acquiring and retrofitting individual

flotation devices for METRO airplanes. The commenter also states that

each flotation device for 10 to 30 seat airplanes would have to be

equipped with an approved survivor location light. A second commenter

states that the rule should allow exemptions for operations that do

not fly over or near large bodies of water. This commenter does not

believe that flotation devices would enhance safety. Finally, a third

commenter states that flotation devices are already required for

extended overwater flights for all airplanes by § 91.205.

FAA Response: The FAA concurs that if the seat cushions in a

particular airplane model do not serve as flotation devices, then

individual flotation devices would have to be acquired. If life

preservers are provided as individual flotation devices they would

have to have an approved survivor locator light as required by §

121.339(a)(1).

The FAA found during previous rulemaking that all flights

traverse a body of water of at least 6 feet deep during the course of

a year. Therefore, individual flotation devices or life preservers

for 10 to 30 seat airplanes are required on all flights.

Section 121.340(b) contains provisions for requesting an approval to

operate without the flotation means if the operator shows that the

water over which the airplane is to be operated is not of such size

and depth that life preservers or flotation devices would be needed

for survival.

The FAA concurs with one of the commenters that § 91.205 requires

flotation devices for all airplanes involved in extended overwater

flights. Section 121.340 is clearly more restrictive.

Although the compliance date for meeting passenger seat cushion

flammability requirements has been extended to 15 years, the

compliance time of 2 years for providing flotation devices is the same

as proposed.

Equipment for operations in icing conditions. Section 121.341

requires certain equipment for operations in icing conditions. The

proposal would require affected operators to comply with this section.

In accordance with § 121.341(b), to operate an airplane in icing

conditions at night, a wing ice light must be provided or another

means of determining the formation of ice on the parts of the wings

that are critical from the standpoint of ice accumulation. This would

be a new requirement for 10- to 19-passenger seat airplanes.

No comments were received on this proposal; however, the FAA has

determined that the requirements of § 135.227(c), (e), and (f) need to

be incorporated into § 121.341 to accommodate certain affected

airplanes. These requirements pertain to operating limitations for

flying into known icing conditions if the airplane is not equipped for

icing conditions. Thus the final rule § 121.341 incorporates the part

135 language.

Pitot heat indication system. Section 25.1326 requires a pitot

heat indication system to indicate to the flightcrew when a pitot

heating system is not operating. Part 23 currently requires pitot

heat systems for airplanes approved for IFR flight or flight in icing

conditions, but does not require pitot heat indicators. Section

121.342 currently requires a pitot heat indication system on all

airplanes that have pitot heat systems installed.

In recommendation A-92-86, the National Transportation Safety

Board (NTSB) recommended that small airplanes certificated to operate

in icing conditions and at altitudes of 18,000 feet mean sea level and

above should be modified to provide a pitot heat operating light

similar to the light required by § 25.1326. As recommended by the

NTSB, the FAA proposed to amend part 23 to require such indication for

commuter category airplanes (Notice No. 94-21, 59 FR 37620, July 22,

1994). This new requirement, when adopted, will apply to new type

certification and will not affect existing in-service commuter

airplanes or future production of currently approved commuter

airplanes.

In Notice 95-5, the FAA proposed to amend § 121.342 to require

nontransport category airplanes type certificated after December 31,

1964, to incorporate pitot heat indication systems. Affected

commuters would have to comply within 4 years after the publication

date of this rulemaking.

Comments: Three comments were received on this proposal.

Fairchild Aircraft Co., a manufacturer of commuter airplanes fully

supports the proposal.

RAA notes that FAA's cost estimate of $500 was significantly

lower than the commenter's estimate of between $1,500 and $25,000 per

airplane. The commenter further states that there was no known

history of accidents or incidents to justify the cost of retrofits and

recommends that the requirement apply only to newly manufactured

airplanes.

Commuter Air Technology, an aircraft modifier, notes that pitot

tubes are accessible to ground personnel who could ascertain their

proper function prior to flight. The commenter argues that because of

the short duration of commuter flights (usually 1 hour) failure in

flight would probably allow for continued flight to the next airport.

FAA Response: As a result of comments received in response to

Notice 95-5, the FAA reexamined the cost estimates of this rulemaking.

Those revised cost estimates, which are higher than those in the

proposal, are included in the Regulation Evaluation Summary of this

rulemaking.

The FAA disagrees with the commenter's contention that ground

checks and short flights preclude the need for pitot tube heat

indicators. Airspeed indicating errors caused by unheated pitot tubes

have contributed to icing-related accidents. Airspeed indicating

errors are not always obvious to the pilot who may make decisions

based on the resulting erroneous information. A system which

indicates when the pitot tube is, or is not, heated will provide the

crew with the status of the system.

Therefore, the FAA is amending § 121.342, as proposed, to require

nontransport category airplanes type certificated after December 31,

1964, that are equipped with a flight instrument pitot heating system

to incorporate pitot heat indication systems within 4 years after the

effective date of this rulemaking.

Flight data recorders (FDR's). Notice 95-5 did not propose any

substantive revisions to current part 121 or part 135 flight data

recorder (FDR) requirements. According to the proposal, affected

commuters would continue to meet part 135 requirements while the FAA

is developing updated FDR requirements for both parts 121 and 135.

Comments: One commenter states that some of the current

equipment being used is providing inadequate records and that part 121

and 135 certificate holders should be required by December 31, 1999,

to install new FDR on all airplanes. He further states that industry

data indicates the changeover will cost $29 million divided by 454

million passengers a year, and that equates to 6 cents increase in

ticket prices.

AIA and Raytheon state that following NTSB safety recommendations

on FDR's could result in as large an impact on the economic viability

for current and future aircraft in this category as the effects of

Notice 95-5. They further state that although additional information

from FDR's is needed, the safety recommendations as written would

require 56 to 84 channels of data on a 1900D and would be excessive

for most data requirements. This would result in a large redesign

effort and related increases in costs.

American Eagle comments that it believes that this equipment, as

well as cockpit voice recorders, is important in the post-incident

investigation process and, as a result, has installed FDR's on all its

aircraft even though not all aircraft operated under part 135 are

required to have them. It strongly supports extending the current

part 121 requirement to all aircraft with 10 or more seats operating

in scheduled passenger service. In addition, the commenter supports

regulations which would require such equipment to meet a new, higher

minimum standard.

FAA Response: A recommendation for a rule change on FDR's is

being addressed by the Aviation Rulemaking Advisory Committee (ARAC),

and the concerns of the commenting parties will be reflected in that

separate rulemaking if a rule change is proposed. This rulemaking did

not propose any increase in channels for existing FDR's.

For clarification the proposed rule language has been revised in

§ 121.344 of the final rule to state that § 135.152 FDR requirements

will apply to airplanes with a payload capacity of 7,500 pounds or

less and a passenger seating configuration, excluding any pilot seat,

of 10-30 seats. The proposed rule had not specified passenger seating

capacity.

Radio equipment. Sections 121.345 through 121.351 cover radio

equipment requirements. Part 121 specifies radio equipment

requirements for operations under VFR over routes navigated by

pilotage, for operations under VFR over routes not navigated by

pilotage or for operations under IFR or over-the-top, and for extended

overwater operations. The requirements are more specific and

restrictive than those in § 135.161. The radio equipment requirements

in part 121 are cumulative; that is, the regulations prescribe basic

radio equipment requirements for VFR over routes navigated by pilotage

and additional equipment for VFR over-the-top or IFR. Almost all part

121 operations are conducted under IFR. The proposed rule would

require affected commuters to comply with part 121 radio equipment

requirements.

The final rule revised § 121.349 (radio equipment for operations

under VFR over routes not navigated by pilotage or for operations

under IFR or over the top) by adding a new paragraph (e) which

incorporates requirements in § 135.165(a). This change is necessary

because part 121 does not have comparable requirements.

Emergency equipment for operations over uninhabited terrain.

Section 121.353 prescribes the emergency equipment needed for

operations over uninhabited terrain for flag and supplemental

operations. The requirements include pyrotechnic signaling devices,

emergency locator transmitters (ELT's), and survival kits equipped for

the route to be flown. The proposed rule would require compliance

with § 121.353.

Comments: Two commenters state that application of § 121.353 to

affected commuters would provide relief from compliance with § 91.205,

which would reduce the standards. One of these commenters claims that

S-type ELT's as required by § 121.353 are useful for sea ditching but

are of no use over uninhabited terrain. According to the commenter,

they are intended for extended overwater operations, are immersion

activated, are not intended for fixed installation on aircraft, lack

any impact G-force activation feature, are very bulky, are extremely

expensive, and, by design, are not suitable for surviving situations

other than sea ditching. The commenter states that incapacitated

survivors on uninhabited terrain cannot expect any help from an S-type

ELT. The commenter recommends revising § 121.353 to state that the

provisions are in lieu of part 91 provisions and that an airplane

subject to part 121 must be equipped with an ELT or pyrotechnic signal

device in accordance with § 121.353 or § 121.339 (extended overwater).

RAA also states that the requirement for pyrotechnic signaling

devices is impractical for airplanes operating under part 121 and

recommends that § 91.205(b)(11) be amended to exclude these

certificate holders.

RAA and ASA point out that the requirement for ELT's in

§ 91.207 exempts turbojet-powered aircraft and aircraft engaged in

scheduled flights by scheduled air carriers. RAA and ASA believe that

all jet-powered airplanes that normally operate under part 121 whether

or not they utilize propellers should be exempt from the requirements

of § 91.207 during flight operations under part 91, such as ferry,

training, testing, proving runs, which are incidental to or in support

of scheduled operations. RAA and ASA recommend revising §

91.207(f)(1) to read: "Large turbine powered airplanes."

AACA indicates that the economic analysis did not include the

weight penalties or costs for installing, maintaining, repairing, and

training for the use of survival kits. AACA also states that the rule

is unclear as to when the kits are required since "uninhabited areas"

is not defined. AACA recommends clarifying the applicability of these

requirements to Alaska. AACA, as well as other commenters, also states

that there is an Alaskan state law requiring extensive survival

equipment on board any aircraft operated in the State.

FAA Response: In response to the applicability to Alaska,

although scheduled intrastate operations within the States of Alaska

and Hawaii are currently conducted under flag rules, as a result of

this final rule, these will now be domestic operations and the

survival equipment requirements do not apply to domestic operations.

The FAA did not intend to reduce requirements for operations over

uninhabited terrain in Alaska or Hawaii as currently applicable.

Therefore, the title of § 121.353 has been revised and an

applicability statement added to include Alaska and Hawaii. Since

these operators have been meeting flag requirements, this revision

will not be a change for them.

The revisions requested to part 91 to exempt ferry flights and

other types of flight incidental to scheduled flights is a separate

issue from the requirements of § 121.353 which pertain only to

emergency equipment for operations over uninhabited terrain. Any

amendment to part 91 would need to be part of a separate rulemaking.

The FAA does not agree that the language of § 121.353 should be

revised to clarify that it replaces the requirements for pyrotechnic

signaling devices in § 91.205(b)(11) pertaining to aircraft for hire

operated over water beyond power off gliding distance to shore. The

proposed applicability of § 121.353 to affected commuters if they fly

a supplemental or flag operation does not affect the applicability of

part 91 requirements. The requirements of § 91.205(b)(11) would

continue to apply under applicable circumstances. Part 121

requirements are in addition to part 91, not in lieu of part 91.

The FAA does not agree with the commenter's claim that survival-

type ELT's do not work except in water ditchings. It is true that S-

type ELT's must meet certain buoyancy, waterproofness, and immersion

in salt water requirements. While many S-type ELT's employ water-

activated batteries, they are not required. Regardless of the type of

battery used, each ELT must have a means by which it can be activated

manually.

In addition, this rulemaking does not define "uninhabited

terrain." When the predecessor regulation to § 121.353 was proposed

in CAB draft release 58-24 in 1960, "uninhabited terrain" was defined

as "flights for long distances over frigid or tropical land areas for

which the Director finds such equipment to be necessary for search and

rescue operations because of the character of the terrain to be flown

over." When the rule was adopted, the wording was changed to provide

the Administrator more flexibility in identifying uninhabited areas.

Since implementation is on a case-by-case basis through operations

specifications, it was determined that the proposed wording was not

necessary. This provision has been in effect for over 30 years

without any problem about the meaning of "uninhabited areas."

Airborne weather radar. The proposed rule would require all

affected commuters to have airborne weather radar in accordance with §

121.357. Currently, part 135 requires weather radar for 20-30

passenger seat airplanes and weather radar equipment or approved

thunderstorm detection equipment for 10-19 passenger airplanes.

Comments: Three comments were received on the proposal. RAA and

AMR Eagle support the proposed requirement. AMR Eagle states that

commuter operations are typically characterized by high frequency

operations at lower altitudes with short stage lengths which

necessarily limits preplanning, planning, or executing a desired

deviation in flight profile because of changing weather. Hence a

flightcrew needs all available tools to conduct safe operations.

One commenter states that airborne weather radar is not needed in

Alaska because severe thunderstorms and tornadoes do not occur there.

AACA claims that Notice 95-5 is silent about the exceptions for

operations within the states of Alaska and Hawaii and within parts of

Canada. AACA requests that the FAA specifically address the issue

that airborne weather radar and airborne thunderstorm detection

equipment will not be required for operations previously excepted

under part 121 and part 135 (§§ 121.357(d) and 135.173(e)). According

to the commenter, there have been no meteorological changes in Alaska

since the regulation was originally written; therefore, this equipment

is no more necessary now than it ever was.

FAA Response: The FAA agrees with AACA that, in accordance with

§ 121.357(d), airborne weather radar is not required for airplanes

used solely within the State of Hawaii or the State of Alaska or that

part of Canada west of longitude 130 degrees W, between latitude 70

degrees N and latitude 53 degrees N, or during any training, test, or

ferry flight. This exception is retained in the final rule. In

Notice 95-5 the FAA did not propose to delete the § 121.357(d)

exception.

All other affected operators would have to have airborne weather

radar within the 15-month compliance period.

Traffic Alert and Collision Avoidance System (TCAS). Under the

proposal, affected carriers would be required to comply with part 121

TCAS requirements in § 121.356. There are no substantive differences

between part 121 and part 135 TCAS requirements for aircraft with

passenger seating configurations of 10-30 seats.

Comments: Fairchild Aircraft recommends that the words,

"combination cargo" be deleted from § 121.356(b).

ALPA says that the FAA should require TCAS II for aircraft with

fewer than 30 passenger seats, including cargo aircraft (which have

increased in recent years).

RAA recommends revising § 121.356(a) to require that "... each

certificate holder shall equip its airplanes with an approved TCAS II

traffic alert and collision avoidance system and the appropriate class

of Mode S transponder...."

Two certificate holders, Samoa Air and Inter Island Air, say that

TCAS is expensive and useless for their operating environment, i.e.,

airspace with little air traffic.

Fairchild Aircraft states that § 121.345(c)(2), which requires

Mode S transponders, is similar to a requirement in part 135 (§

135.143(c)(2)). According to the commenter, the Mode S equipment has

not been installed and the commenter believes that the FAA is granting

exemptions to the requirement for part 135 certificate holders. If

exemptions would not be granted under part 121, significant cost would

be involved.

FAA Response: The intent of the proposed rule § 121.356 was that

airplanes with a passenger seating configuration of 10 to 30 seats

must be equipped with at least a TCAS I system which is the same as

the present part 135 requirement for the affected airplanes. TCAS I

systems are not required to be equipped with Mode S transponders.

As a commenter states, unrelated to TCAS I requirements,

exemptions to the Mode S requirements of part 135 are currently in

effect. Any affected commuters who hold an exemption from the part

135 requirement or from § 135.143, Mode S requirements, after this

final rule must reapply to be exempted from the Mode S requirements of

part 121.345.

The commenter's recommendation to require TCAS for all-cargo

operations is beyond the scope of this rulemaking, as are the

recommendations to require TCAS II for all airplanes and to exempt

certain affected certificate holders from the requirement for

certificate holders to have TCAS I by December 1995.

Low-altitude windshear systems. Section 121.358 requires an

approved airborne windshear warning system for most turbine powered

airplanes. It specifically excludes turbopropeller-powered airplanes.

No comments were received concerning this section and the final rule

is adopted as proposed. Comments received on windshear training

requirements are discussed under subpart N.

Cockpit voice recorders. No comments were received on this

issue; however, the FAA is making a change in the final rule language

to correctly incorporate the current CVR requirements that apply to

airplanes with 10-30 passenger seats.

Ground proximity warning system (GPWS). Under the proposed

rule, affected commuters would have to comply with the GPWS

requirements of § 121.360. By the compliance date of this rulemaking,

all part 135 operators of turbine powered airplanes having a passenger

seating configuration of 10 or more seats would have to have GPWS.

All affected commuters are included in this requirement. The GPWS

required under part 135 would meet the standards of part 121.

No comments were received on this issue; however, the FAA has

discovered that the word "large" was not deleted from

§ 121.360. This deletion is necessary if the requirements are to

apply to all affected commuters. Accordingly the word "large" is

deleted in the final rule.