[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Rules and Regulations]
[Pages 30432-30435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14565]
[[Page 30431]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 119, 121, and 135
Operating Requirements: Domestic, Flag, Supplemental, Commuter, and On-
Demand Operations: Corrections and Editorial Changes; Final Rule
Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules
and Regulations
[[Page 30432]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 119, 121 and 135
[Docket No. 28154; Amendment Nos. 119-2, 121-259, and 135-65]
Rin 2120-AG03
Operating Requirements: Domestic Flag, Supplemental, Commuter,
and On-Demand Operations: Corrections and Editorial Changes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This amendment adopts changes that are editorial or
typographical in nature in parts 119, 121, and 135. The changes are
necessary to correct errors or clarify the intent of the regulations
published on December 20, 1995 (60 FR 65832). The changes in this
amendment will not impose any additional restrictions on persons
affected by these regulations.
EFFECTIVE DATE: July 15, 1996.
FOR FURTHER INFORMATION CONTACT:
Linda Williams, Office of Rulemaking (ARM-100); Federal Aviation
Administration, 800 Independence Avenue, SW, Washington, DC 20591;
telephone (202) 267-9685.
SUPPLEMENTARY INFORMATION:
Background
On December 20, 1995, new part 119, Certification: Air Carriers and
Commercial Operators, was published in the Federal Register (60 FR
65832; December 20, 1995). Part 119 reorganizes, into one part,
certification and operations specifications requirements that formerly
existed in SFAR 38-2 and in parts 121 and 135. The final rule for new
part 119 also deleted or changed certain sections in part 121, Subparts
A through D, and part 135, Subpart A, because the requirements in those
subparts have been recodified in part 119. Also on December 20, 1995, a
final rule was published that upgrades the training requirements for
part 121 operators and requires certain part 135 operators to conduct
their training under the requirements of part 121 (60 FR 65940). On
January 26, 1996, another final rule was published (61 FR 2608)
affecting parts 119, 121, and 135. That amendment made editorial and
terminology changes in the remaining subparts of parts 121 and 135 to
conform those parts to the language of part 119 and to make certain
other changes.
Part 119 was issued as part of a large rulemaking effort to upgrade
the requirements that apply to scheduled operations conducted in
airplanes that seat 10 to 30 passengers. These operations will in the
future be conducted under the requirements of part 121, in accordance
with the final rule published on December 20, 1995.
The changes in this final rule are necessary because, as a result
of the implementation of part 119 and the beginning of the transition
process for commuter operations affected by the final rule published on
December 20, 1995, a number of questions of interpretation have been
raised and errors in previous final rules have been identified. The
changes in this document make necessary corrections and will help to
clarify the intent of part 119, the training rule, and the commuter
rule.
Preamble Correction
In the preamble to the commuter final rule, the FAA attributed a
comment incorrectly. The statement on 60 FR 65872 that the Regional
Airline Association recommends that the FAA require each certificate
holder to equip its airplanes with TCAS II and a Mode S transponder was
incorrect. This recommendation was made by the Air Line Pilots
Association.
Editorial Changes
A number of changes are necessary in parts 119, 121, and 135 to
correct typographical errors, to make minor editorial changes that help
clarify the intent of the rules, or to make editorial changes that make
related rules consistent with each other. These types of changes are
not individually explained. However, a number of changes are being made
that require some explanation, which follows:
1. Section 119.2 and SFAR 38-2 are amended to reinstate certain
part 121 and 135 sections that were removed by the commuter rule to
make it clear that persons who originally were certificated under SFAR
38-2 must continue to comply with those sections in parts 121 and 135,
that have been recodified into part 119, until they receive new
operations specifications issued under part 119, or until March 20,
1997, whichever occurs first.
2. New paragraph (j) is added to Sec. 121.2 to clarify how
crewmembers and certificate holders transitioning to part 121 can
obtain credit for training and qualification obtained under part 135.
3. Section 121.404 is amended by correcting the date in the
introductory paragraph to March 19, 1998, as was originally published
in the Air Carrier and Commercial Operator Training Programs (60 FR
65940, December 20, 1995).
4. Sections 121.721, 121.723, and 135.43 are amended to clarify the
status of international crewmember certificates. The FAA no longer
issues these certificates because the State Department no longer
processes them; however crewmembers who already have been issued these
certificates may continue to use them.
5. Sections 121.431 and 135.3 are revised to remove the redundant
phrase ``* * *or with airplanes having a passenger seating
configuration of 10 seats or more.''
Corrections to Tables
Several additional corrections are necessary for Tables 2-4, which
were originally published on December 20, 1995 (60 FR 65850, 65888,
65890) and were republished on January 26, 1996 (61 FR 2618, 2619, and
2621), as follows:
1. In Table 2--Comparable Sections in Parts 121 and 135, the word
``underwater'' in the listing under Subpart K should be ``overwater.''
2. In Table 4--Distribution Table for Part 119, correct the listing
for Sec. 121.5, which was replaced by Sec. 119.21(a), not
Sec. 119.49(a).
Federalism Implications
The regulations do not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among
various levels of government. Thus, in accordance with Executive Order
12612, it is determined that such a regulation does not have federalism
implications warranting the preparation of a Federalism Assessment.
Paperwork Reduction Act
The information collection requirements associated with this rule
have already been approved. There will be a decrease in the paperwork
requirements as a result of the elimination of the issuance of the
certificate formerly issued to crewmembers engaged in international
travel in accordance with sections 121.723 and 135.43.
Good Cause Justification for Immediate Adoption
This amendment is needed to make editorial corrections in parts
119, 121, and 135. In view of the need to expedite these changes, and
because the amendment is editorial in nature and would impose no
additional burden on the public, I find that notice and
[[Page 30433]]
opportunity for public comment before adopting this amendment is
unnecessary.
Conclusion
The FAA has determined that this regulation imposes no additional
burden on any person. Accordingly, it has been determined that the
action: (1) Is not a significant rule under Executive Order 12866; and
(2) is not a significant rule under Department of Transportation
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
Also because this regulation is of editorial nature, no impact is
expected to result and a full regulatory evaluation is not required. In
addition, the FAA certifies that the rule will not have a significant
economic impact, positive or negative, on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.
List of Subjects
14 CFR Part 119
Administrative practice and procedures, Air carriers, Air taxis,
Aircraft, Aviation safety, Charter flights, Commuter operations,
Reporting and recordkeeping requirements.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Charter flights,
Reporting and recordkeeping requirements.
14 CFR Part 135
Aircraft, Airplanes, Airworthiness, Air transportation.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends the Federal Aviation Regulations (14 CFR parts
119, 121, and 135) as follows:
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
1. The authority citation for part 119 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 44105,
44106, 44111, 44701-44717, 44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
2. Section 119.2 is revised to read as follows:
Sec. 119.2 Compliance with 14 CFR part 119 or SFAR 38-2 of parts 121
and 135 of this chapter.
(a) Each certificate holder that before January 19, 1996, was
issued an air carrier certificate or operating certificate and
operations specifications under the requirements of part 121, 135, or
SFAR 38-2 of parts 121 and 135 of this chapter shall continue to comply
with SFAR 38-2 of parts 121 and 135 of this chapter until March 20,
1997, or until the date on which the certificate holder is issued
operations specifications in accordance with part 119, whichever occurs
first. In addition, persons conducting operations under SFAR 38-2 of
parts 121 and 135 of this chapter shall continue to comply with the
applicable requirements of Secs. 121.6, 121.57, 121.59, 121.61, 121.71
through 121.83. 135.5. 135.11(c), 135.15, 135.17, 135.27. 135.29,
135.33, 135.35. 135.37. and 135.39 of this chapter as in effect on
January 18, 1996, until March 20, 1997, or until the date on which the
certificate holder is issued operations specifications in accordance
with part 119, whichever occurs first. If a certificate holder is
issued operations specifications in accordance with part 119 before
March 20, 1997, then, notwithstanding all provisions in SFAR 38-2 of
parts 121 and 135 of this chapter, such certificate holder shall comply
with the provisions of part 119.
A copy of these regulations may be obtained from the Federal
Aviation Administration, Office of Rulemaking (ARM), 800 Independence
Ave., SW., Washington, DC 20591, or by phone (202) 267-9677.
(b) Each person who on or after January 19, 1996, applies for or
obtains an initial air carrier certificate or operating certificate and
operations specifications to conduct operations under part 121 or 135
of this chapter shall comply with this part, notwithstanding all
provisions of SFAR 38-2 of parts 121 and 135 of this chapter.
3. Section 119.3 is amended by revising the introductory text of
the definition for ``commuter operation,'' revising paragraph (1)(ii)
of the definition for ``on-demand operation,'' revising paragraphs
(1)(iii) and (2)(i) and adding pargarph (1)(iv) of the definition for
``supplemental operation,'' and revising the introductory text of the
definition for ``when common carriage is not involved or operations not
involving common carriage'' to read as follows:
Sec. 119.3 Definitions.
* * * * *
Commuter operation means any scheduled operation conducted by any
person operating one of the following types of aircraft with a
frequency of operations of at least five round trips per week on at
least one route between two or more points according to the published
flight schedules:
* * * * *
On-demand operation * * *
(1) * * *
(ii) Noncommon or private carriage operations conducted with
airplanes having a passenger-seat configuration of less than 20 seats,
excluding each crewmember seat, and a payload capacity of less than
6,000 pounds; or
* * * * *
Supplemental operation * * *
(1) * * *
(iii) Each propeller-powered airplane having a passenger-seat
configuration of more than 9 seats and less than 31 seats, excluding
each crewmember seat, that is also used in domestic or flag operations
and that is so listed in the operations specifications as required by
Sec. 119.49(a)(4) for those operations; or
(iv) Each turbojet powered airplane having a passenger seat
configuration of 1 or more and less than 31 seats, excluding each
crewmember seat, that is also used in domestic or flag operations and
that is so listed in the operations specifications as required by
Sec. 119.49(a)(4) for those operations.
(2) * * *
(i) Passenger-carrying operations for which the departure time,
departure location, and arrival location are specifically negotiated
with the customer or the customer's representative; or
* * * * *
When common carriage is not involved or operations not involving
common carriage means any of the following:
* * * * *
4. Section 119.21 is amended by revising the section heading and by
revising paragraph (a) introductory text, and (a)(3) to read as
follows:
Sec. 119.21 Commercial operators engaged in intrastate common
carriage and direct air carriers.
(a) Each person who conducts airplane operations as a commercial
operator engaged in intrastate common carriage of persons or property
for compensation or hire in air commerce, or as a direct air carrier,
shall comply with the certification and operations specifications
requirements in subpart C of this part, and shall conduct its:
* * * * *
(3) Supplemental operations in accordance with the applicable
requirements of part 121 of this chapter, and shall be issued
operations specifications for those operations in accordance with those
requirements. However, based on a determination of
[[Page 30434]]
safety in air commerce, the Administrator may authorize or require
those operations to be conducted under paragraph (a)(1) or (a)(2) of
this section.
* * * * *
5. Section 119.23 is amended by revising the introductory text of
paragraph (b) to read as follows:
Sec. 119.23 Operators engaged in passenger-carrying operations, cargo
operations, or both with airplanes when common carriage is not
involved.
* * * * *
(b) Each person who conducts noncommon carriage (except as provided
in Sec. 91.501(b) of this chapter) or private carriage operations for
compensation or hire with airplanes having a passenger-seat
configuration of less than 20 seats, excluding each crewmember seat,
and a payload capacity of less than 6,000 pounds shall--
* * * * *
6. Section 119.33 is amended by revising the first sentence of
paragraph (c) to read as follows:
Sec. 119.33 General requirements.
* * * * *
(c) Each applicant for a certificate under this part and each
applicant for operations specifications authorizing a new kind of
operation that is subject to Sec. 121.163 or Sec. 135.145 of this
chapter shall conduct proving tests as authorized by the Administrator
during the application process for authority to conduct operations
under part 121 or part 135 of this chapter.* * *
* * * * *
7. Section 119.63 is amended by revising the introductory text of
paragraph (b) to read as follows:
Sec. 119.63 Recency of operation.
* * * * *
(b) If a certificate holder does not conduct a kind of operation
for which it is authorized in its operations specifications within the
number of calendar days specified in paragraph (a) of this section, it
shall not conduct such kind of operation unless--
* * * * *
8. Section 119.67 is amended by revising paragraph (d)(3) to read
as follows:
Sec. 119.67 Management personnel: Qualifications for operations
conducted under part 121 of this chapter.
* * * * *
(d) * * *
(3) Have at least 1 year of experience in a supervisory capacity
maintaining the same category and class of aircraft as the certificate
holder uses.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
8. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
9. Special Federal Aviation Regulation 38-2 is amended by adding a
new paragraph (d) to section 1 to read as follows:
SFAR No. 38-2--Certification and Operating Requirements
1. * * *
(d) Persons conducting operations under this SFAR shall continue
to comply with the applicable requirements of Secs. 121.6, 121.57,
121.59, 121.61, 121.71 through 121.83, 135.5, 135.11(c), 135.15,
135.17, 135.27, 135.29, 135.33, 135.35, 135.37, and 135.39 of this
chapter as in effect on January 18, 1996, until March 20, 1997, or
until the date on which the certificate holder is issued operations
specifications in accordance with part 119, whichever occurs first.
A copy of these regulations may be obtained from the Federal
Aviation Administration, Office of Rulemaking (ARM), 800
Independence Ave., SW., Washington, DC 20591, or by phone (202) 267-
9677.
* * * * *
10. Section 121.2 is amended by revising paragraphs (d)(1)
introductory text and (d)(2) introductory text, (d)(2)(ii) and (h); and
adding new paragraph (j) to read as follows:
Sec. 121.2 Compliance schedule for operators that transition to part
121; certain new entrant operators.
* * * * *
(d) * * *
(1) Nontransport category turbopropeller powered airplanes type
certificated after December 31, 1964, that have a passenger seat
configuration of 10-19 seats. No certificate holder may operate under
this part an airplane that is described in paragraph (a)(10(i) of this
section on or after a date listed in paragraph (d)(1) of this section
unless that airplane meets the applicable requirement listed in
paragraph (d)(1) of this section:
* * * * *
(2) Transport category turbopropeller powered airplanes that have a
passenger seat configuration of 20-30 seats. No certificate holder may
operate under this part an airplane that is described in paragraph
(a)(1)(ii) of this section on or after a date listed in paragraph
(d)(2) of this section unless that airplane meets the applicable
requirement listed in paragraph (d)(2) of this section:
* * * * *
(ii) December 20, 2010: Sec. 121.305(j), third attitude indicator.
* * * * *
(h) Continuing requirements. A certificate holder described in
paragraph (a) of this section shall comply with the applicable airplane
operating and equipment requirements of part 135 of this chapter for
the airplanes described in paragraph (a)(1) of this section, until the
airplane meets the specific compliance dates in paragraphs (d) and (e)
of this section.
* * * * *
(j) Any training or qualification obtained by a crewmember under
part 135 of this chapter before March 20, 1997, is entitled to credit
under this part for the purpose of meeting the requirements of this
part, as determined by the Administrator. Records kept by a certificate
holder under part 135 of this chapter before March 20, 1997, can be
annotated, with the approval of the Administrator, to reflect
crewmember training and qualification credited toward part 121
requirements.
11. Section 121.157 is amended by revising paragraph (e) and the
introductory text of paragraph (f) to read as follows:
Sec. 121.157 Aircraft certification and equipment requirements.
* * * * *
(e) Commuter category airplanes. Except as provided in paragraph
(f) of this section, no certificate holder may operate under this part
a nontransport category airplane type certificated after December 31,
1964, and before March 30, 1995, unless it meets the applicable
requirements of Sec. 121.173 (a), (b), (d), and (e), and was type
certificated in the commuter category.
(f) Other nontransport category airplanes. No certificate holder
may operate under this part a nontransport category airplane type
certificated after December 31, 1964, unless it meets the applicable
requirements of Sec. 121.173 (a), (b), (d), and (e), was manufactured
before March 20, 1997, and meets one of the following:
* * * * *
Sec. 121.317 [Amended]
12. Section 121.317(l) is amended by changing the date ``December
22, 1997'' to ``December 20, 1997.''
13. Section 121.385(c) is revised to read as follows:
Sec. 121.385 Composition of flight crew.
* * * * *
(c) The minimum pilot crew is two pilots and the certificate holder
shall
[[Page 30435]]
designate one pilot as pilot in command and the other second in
command.
* * * * *
14. Section 121.404 is revised to read as follows:
Sec. 121.404 Compliance dates: Crew and dispatcher resource management
training.
After March 19, 1998, no certificate holder may use a person as a
flight crewmember, and after March 19, 1999, no certificate holder may
use a person as a flight attendant or aircraft dispatcher unless that
person has completed approved crew resource management (CRM) or
dispatcher resource management (DRM) initial training, as applicable,
with that certificate holder or with another certificate holder.
15. Section 121.406 is amended by revising the section heading to
read as follows:
Sec. 121.406 Credit for previous CRM/DRM training.
* * * * *
16. Section 121.431 is amended by revising the second sentence of
paragraph (a) to read as follows:
Sec. 121.431 Applicability.
(a) * * * The qualification requirements of this subpart also apply
to each certificate holder that conducts commuter operations under part
135 of this chapter with airplanes for which two pilots are required by
the aircraft type certification rules of this chapter * * *
* * * * *
17. Section 121.721 is revised to read as follows:
Sec. 121.721 Applicability.
This section describes the certificates that were issued to United
States citizens who were employed by air carriers at the time of
issuance as flight crewmembers on United States registered aircraft
engaged in international air commerce. The purpose of the certificate
is to facilitate the entry and clearance of those crewmembers into ICAO
contracting states. They were issued under Annex 9, as amended, to the
Convention on International Civil Aviation.
18. Section 121.723 is revised to read as follows:
Sec. 121.723 Surrender of international crewmember certificate.
The holder of a certificate issued under this section, or the air
carrier by whom the holder is employed, shall surrender the certificate
for cancellation at the nearest FAA Flight Standards District Office at
the termination of the holder's employment with that air carrier.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
19. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
20. Section 135.2 is amended by removing paragraphs (h) and (i), by
revising the first sentence of paragraph (c), and by revising (d)(1)
introductory text, and (d)(2) introductory text to read as follows:
Sec. 135.2 Compliance schedule for operators that transition to part
121 of this chapter; certain new entrant operators.
* * * * *
(c) Regular or accelerated compliance. Except as provided in
paragraphs (d), and (e) of this section, each certificate holder
described in paragraph (a)(1) of this section shall comply with each
applicable requirement of part 121 of this chapter on and after March
20, 1997 or on and after the date on which the certificate holder is
issued operations specifications under this part, whichever occurs
first. * * *
(d) * * *
(1) Nontransport category turbopropeller powered airplanes type
certificated after December 31, 1964, that have a passenger seat
configuration of 10-19 seats. No certificate holder may operate under
this part an airplane that is described in paragraph (a)(1)(i) of this
section on or after a date listed in paragraph (d)(1) of this section
unless that airplane meets the applicable requirement listed in
paragraph (d)(1) of this section:
* * * * *
(2) Transport category turbopropeller powered airplanes that have a
passenger seat configuration of 20-30 seats. No certificate holder may
operate under this part an airplane that is described in paragraph
(a)(1)(ii) of this section on or after a date listed in paragraph
(d)(2) of this section unless that airplane meets the applicable
requirement listed in paragraph (d)(2) of this section:
* * * * *
21. Section 135.3 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 135.3 Rules applicable to operations subject to this part.
* * * * *
(b) After March 19, 1997, each certificate holder that conducts
commuter operations under this part with airplanes in which two pilots
are required by the type certification rules of this chapter shall
comply with subparts N and O of part 121 of this chapter instead of the
requirements of subparts E, G, and H of this part. * * *
* * * * *
22. Section 135.43 is revised to read as follows:
Sec. 135.43 Crewmember certificates: International operations.
(a) This section describes the certificates that were issued to
United States citizens who were employed by air carriers at the time of
issuance as flight crewmembers on United States registered aircraft
engaged in international air commerce. The purpose of the certificate
is to facilitate the entry and clearance of those crewmembers into ICAO
contracting states. They were issued under Annex 9, as amended, to the
Convention on International Civil Aviation.
(b) The holder of a certificate issued under this section, or the
air carrier by whom the holder is employed, shall surrender the
certificate for cancellation at the nearest FAA Flight Standards
District Office at the termination of the holder's employment with that
air carrier.
23. Section 135.64 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 135.64 Retention of contracts and amendments: Commercial
operators who conduct intrastate operations for compensation or hire.
* * * * *
(b) * * *
(2) The information required by Sec. 119.35(g)(2), (g)(7), and
(g)(8) of this chapter;
* * * * *
Issued in Washington, DC, on June 4, 1996.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 96-14565 Filed 6-13-96; 8:45 am]
BILLING CODE 4910-13-M
