[Federal Register Volume 62, Number 53 (Wednesday, March 19, 1997)]
[Rules and Regulations]
[Pages 13248-13257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6797]
[[Page 13247]]
_______________________________________________________________________
Part III
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 21, et al.
Operating Requirements: Domestic, Flag, Supplemental, Commuter, and On-
Demand Operations: Editorial and Other Changes; Final Rule
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 /
Rules and Regulations
[[Page 13248]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 25, 91, 119, 121, 125 and 135
[Docket No. 28154; Amendment Nos. 21-74, 25-90, 91-253, 119-3, 121-262,
125-28, 135-66, and SFAR No. 80]
RIN 2120-AG26
Operating Requirements: Domestic, Flag, Supplemental, Commuter,
and On-Demand Operations: Editorial and Other Changes
March 10, 1997.
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is amending parts 21, 25, 91, 119, 121, 125, and 135
to correct errors, make terminology consistent, or clarify the intent
of the regulations published on December 20, 1995 (60 FR 65832). A few
changes are to clarify existing rules or to deal with other long-
standing exemptions). A new Special Federal Aviation Regulation is
being issued to address three problems that relate to compliance with
requirements for communications facilities and aircraft dispatchers by
operators in Alaska and other areas.
EFFECTIVE DATE: March 12, 1997.
FOR FURTHER INFORMATION CONTACT:
Katherine Hakala, Flight Standards Service (AFS); Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-8166 or 267-3760.
SUPPLEMENTARY INFORMATION:
Availability of the Final Rule
An electronic copy of this document may be downloaded using a modem
and suitable communications software from the FAA regulations section
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339) or the Federal Register's electronic bulletin board service
(telephone: 202-512-1661).
Internet users may reach the FAA's web page at http://www.faa.gov
or the Federal Register's webpage at http://www.access.gpo.gov/su__docs
for access to recently published rulemaking documents.
Any person may obtain a copy of this final rule by mail by
submitting a request to the Federal Aviation Administration, Office of
Rulemaking, 800 Independence Avenue, SW., Washington, DC 20591, or by
calling (202) 267-9677. Communications must identify the docket number
of this final rule.
Persons interested in being placed on the mailing list for future
NPRM's should request from the FAA's Office of Rulemaking a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, that describes the application procedure.
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. 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. Additional
documents making editorial changes and corrections were published on
March 11, 1996 (61 FR 9612), and June 14, 1996 (61 FR 30432).
Part 119 was issued as part of a large rulemaking effort, known as
the ``commuter rule,'' to upgrade the requirements that apply to
scheduled operations conducted in airplanes that have a passenger seat
configuration of 10 to 30 passengers. As of March 20, 1997, these
operations will be conducted under the requirements of part 121, in
accordance with the final rule published on December 20, 1995.
Notice of Proposed Rulemaking
On February 3, 1997, the FAA published an NPRM (62 FR 5076; Notice
No. 97-1) proposing changes to correct errors, make terminology
consistent, clarify the intent of part 119 and the commuter rule
published on December 20, 1995, as well as make other minor changes not
directly related to the commuter rule. These proposed changes are
considered important because, as a result of the implementation of part
119 and the completion of the transition process for commuter
operations affected by the final rule, a number of questions of
interpretation have been raised and errors in previous final rules have
been identified. In addition, a new Special Federal Aviation Regulation
(SFAR) is needed to address three problems that relate to compliance
with requirements for communications facilities and for aircraft
dispatchers by operators in Alaska and other areas.
Public Comment
The FAA requested comments, within 30 days of publication of Notice
No. 97-1, on a number of proposals contained in the NPRM. Interested
persons were invited to participate in this rulemaking action by
submitting written data, views, or arguments. All comments received
were considered before issuing this final rule.
The FAA received 19 comments in response to Notice No. 97-1.
Comments were received from operators affected by the proposed rule,
aircraft dispatchers, industry associations, and a manufacturer of
communications system. Many commenters stressed the importance of
having the final rule issued before March 20, 1997, when the majority
of the commuter rule provisions go into effect. Other specific comments
are summarized in the following section-by-section discussion of the
final rule, which includes the FAA's responses to these comments.
Explanation of Amendments
A number of changes are necessary in parts 21, 25, 91, 119, 121,
125, 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
requires some explanation, which follows:
1. The proposal revised the definitions of ``on-demand operation,''
``scheduled operation,'' and ``supplemental operation'' in Sec. 119.3
to make it clear that public charter operations conducted under 14 CFR
part 380 are not considered scheduled operations.
No comments were received on the proposed definitions and the
changes to Sec. 119.3 are adopted as proposed.
2. The proposal amended Sec. 119.5 to add new paragraph (k), which
incorporated former Sec. 135.31 into part 119. As proposed, this
section prohibited advertising or otherwise offering to perform any
operation unauthorized by the FAA, and it was applicable to any person,
including certificate holders operating under part 121, as well as
those operating under part 135.
The proposal also added Sec. 119.5(1) which stated that, for safety
purposes, people who operate aircraft under parts 121 and 135 must
comply with the provisions in a certificate holder's
[[Page 13249]]
operations specifications. This paragraph was proposed to prevent an
employee of a certificate holder (with or without other certificate
holder's knowledge) from violating the provisions of the certificate
holder's operations specifications. For example, if a certificate
holder is only authorized to carry cargo, a flight crewmember would not
be allowed to bring along a friend as a passenger on the commercial
flight.
No comments were received on these proposals and the changes to
Sec. 119.5 are adopted as proposed.
3. The proposal amended Sec. 119.9 to allow displaying the air
carrier or operating certificate number on an aircraft instead of the
name of the certificate holder. As described in the NPRM, a petition by
the National Air Transportation Association (NATA) and supporting
comments requested that, for security and financial reasons, operators
be allowed to display the air carrier or operating certificate number
in lieu of the name of the certificate holder. In the NPRM, the FAA
agreed that display of an air carrier or operating certificate number
would meet the intent of this requirement, which is to provide a ready
means of identifying a responsible certificate holder when an aircraft
is parked and the FAA has reason to identify or contact the certificate
holder. Therefore, the FAA proposed to amend Sec. 119.9(b)(4) as
requested by NATA.
The proposal also deleted the provision allowing the Assistant
Administrator for Civil Aviation Security to grant deviations from the
requirements of this section because the FAA no longer believed that
these deviations were necessary.
NATA, Helicopter Association International (HAI), and individual
operators affected by the proposed change to Sec. 119.9(b) comment in
support of allowing part 135 operators to display their air carrier or
operating certificate number on an aircraft instead of the name of the
certificate holder. Commenters emphasize that, if the FAA adopts the
proposed amendment, it is imperative to make the amendment effective
before March 20, 1997, so that they will not need to apply the
certificate holder's name temporarily on the aircraft, and then remove
it when the amendment takes effect later. One operator comments that
even having the operating certificate number on the aircraft creates a
security risk for some customers.
As discussed above, the FAA must be able to readily identify the
responsible certificate holder conducting an operation, and having the
air carrier or operating certificate number on an aircraft will provide
the necessary identification. Therefore, the changes to Sec. 119.9 are
adopted as proposed and are effective as of the date of issuance of
this final rule.
4. The proposal amended Sec. 119.21(a)(1) to allow domestic
operations conducted from the Pribilof Islands and the Shumagin Islands
to request permission to comply with the dispatching requirements of
subpart U of part 121 applicable to flag operations. The NPRM also
stated that, in the final rule, the FAA may include other Alaskan
island locations in this provision, if requested to do so by commenters
and if adding the names of those islands is consistent with safety
considerations.
No comments were received on the proposal and the changes to
Sec. 119.21 are adopted as proposed.
5. The proposal amended Sec. 119.35 to clarify that the additional
financial and contract reporting requirements of this section apply
only to commercial operators. The proposal split Sec. 119.35 into two
sections: Proposed Sec. 119.35 contained just the certificate
application procedures that apply to all applicants, and new
Sec. 119.36 contained the additional requirements for commercial
operators.
In the NPRM, the FAA proposed that Sec. 119.36 distinguish between
requirements for all commercial operators and those applicable only to
commercial operators under part 121. In addition, the FAA proposed to
delete the financial reporting requirements of Sec. 135.64(b), but to
retain the contract retention requirements in Sec. 135.64(a).
No comments were received on the proposal and Secs. 119.35 and
119.36 are adopted as proposed.
6. The proposal revised Sec. 119.67 (c) and (d) to amend the
qualification requirements applicable to Directors of Maintenance and
Chief Inspectors under part 121. The proposal also revised
Sec. 119.71(e) to amend the qualification and experience requirements
applicable to the Director of Maintenance under part 135.
Both proposals established requirements for a person becoming the
Director of Maintenance or Chief Inspector for the first time. These
proposals were designed to ensure that persons holding these required
management positions have the measure of experience and the
demonstrated capability of effectively managing these programs.
The FAA proposed that, under Secs. 119.67(c)(1) and 119.71(e)(1),
the Director of Maintenance must have held the airframe and powerplant
ratings for 3 years.
The proposal also amended Sec. 119.67(c)(2) by changing the
existing 1 year of maintenance experience in a supervisory capacity in
maintaining the category and class of airplane used by the certificate
holder, to 3 years of supervisory experience within the last 6 years in
a position that exercised operational control over maintenance program
functions.
In addition, the proposal amended Sec. 119.67(c)(4)(i)(B) by
replacing the word ``repairing'' with the word ``maintaining'', as the
latter is consistent with the definition of maintenance as defined in
14 CFR 1.1. In addition, the word ``maintaining'' reflects the broader
experience level more appropriate to the Director position.
For the Chief Inspector position, the proposal changed
Sec. 119.67(d)(2) to require 3 years of supervisory or managerial
experience within the last 6 years.
The proposal also revised Sec. 119.67(e) to clarify that
certificate holders may request a deviation from the experience
requirements of the section, but not from the airman certificate
requirements of the section. Therefore, a certificate holder would not
be allowed to employ a person who does not hold the required airman
certificates (e.g., ATP certificate, commercial pilot certificate,
mechanic certificate).
Proposed Sec. 119.71 contained the management qualification
requirements that formerly appeared in 0135.39. Section 119.71 (b) and
(d) required that the Director of Operations and the Chief Pilot,
respectively, must hold at least a commercial pilot certificate with an
instrument rating. However, under former Sec. 135.39 the instrument
rating was required only if any pilot in command for that certificate
holder was required to have an instrument rating. For operations such
as a VFR only helicopter operation, the pilot in command is not
required to hold an instrument rating. Therefore the FAA proposed that
Sec. 119.71 (b) and (d) be revised to match the intent of former
Sec. 135.39.
HAI comments in support of the proposed amendment of Sec. 119.71
(b) and (d) on behalf its membership, which includes a substantial
number of VFF-only helicopter operations. HAI states that without the
amendment to Sec. 119.71 (b) and (d) many operators would be forced to
suspend operations until personnel that meet the current requirements
can be identified and hired, and that there may not be enough such
personnel available. HAI believes that this burden would be onerous and
inappropriate in view of the fact that the
[[Page 13250]]
operators in question do not conduct instrument operations.
The FAA agrees with HAI's comments and the amendments to
Sec. 119.71 (b) and (d) are adopted as proposed. No comments were
received on the proposal to revise Secs. 119.67(e) and 119.71(f) and
those amendments are adopted as proposed. The FAA has reviewed the
proposed changes to the experience requirements for Director of
Maintenance and Chief Inspector in light of issues raising during
implementation of the commuter rule and the determined that further
study of these proposal is necessary. Therefore the FAA withdraws the
proposal amendments to Secs. 119.67(c) and (d) and 119.71(e), for
consideration in a future rulemaking.
7. In the NPRM, the FAA proposed that anew Special Federal Aviation
Regulation (SFAR) be added to part 121 to address two problems that
relate to compliance with Sec. 121.99 and a third problem that relates
to compliance with 0121.395. These are outlined below.
(1) The first problem involves certain communications difficulties
in Alaska and other areas affecting certificate holders who are
required by Sec. 121.99 to ``show that a two-way air/ground
communication system is available at all points that will ensure
reliable and rapid communications under normal operating conditions
over the entire route (either direct or via approved point to point
circuits) between each airplane and the appropriate dispatch office and
between each airplane and the appropriate air traffic control unit.''
The NPRM pointed out that, in certain areas, the lack of
infrastructure or appropriate technology has prevented certificate
holders from establishing such systems. For other certificate holder
the nature of their operations (e.g., flying at low altitudes or in
mountainous terrain) has prevented them from using current
communication systems that may be reliable only at higher altitudes.
If a certificate holder shows to the Administrator that
communications gaps exist due to such reasons as lack of
infrastructure, ATC operating restrictions, the terrain, operating
altitude, or feasibility of a certain kind of communications system,
the certificate holder would be allowed to continue to operate over
that route if the certificate holder establishes alternative procedures
for prompt re-establishment of communication, for establishment that
the airplane arrived at its destination, and for flight locating
purposes. Under the SFAR, relief would only be granted after the
certificate holder shows that it would meet the requirements to the
maximum extent possible. In granting such approval, the Administrator
would consider certain factors that are listed in the SFAR.
Under the proposed SFAR, the certificate holder would obtain the
approval of the Administrator in its operations specifications. The
requests will be processed through the certificate-holding district
office, with concurrence by the FAA's Air Transportation Division (AFS-
200). This type of alternative compliance approval would only be
available for scheduled operations with airplanes having a passenger-
seat configuration of 30 seats of fewer, excluding each crewmember
seat, and a physical capacity of 7,500 pounds of less under part 121 of
this chapter.
(2) The second Sec. 121.99-related problem involves certificate
holder who have conducted or who might in the future conduct scheduled
intrastate operations in Alaska. Under the pre-commuter rule amendments
these operations under the rules applicable to flag air carriers and
thus, under the last sentence of Sec. 121.99, were not prohibited from
using a communications system operated by the United States. For
certificate holders operating intrastate in Alaska, whether certificate
before or after January 19, 1996, it was considered impractical at that
time to mandate that the required communications systems be independent
of any system operated by the United States.
Therefore even though these certificate holder would otherwise have
been required to comply with the operating rules for domestic
operations, under the proposed SFAR they would be allowed to use
systems operated by the United States, when there is no practical
alternative, for the 4-year effective period of the SFAR. The FAA
further propose to amend Sec. 121.99 to require that, concurrent with
the expiration of the SFAR, all flag operations in Alaska, not just
those affected by the commuter rule change mentioned above, have
communications systems that re independent of any system operated by
the United States.
(3) The third issue addressed by the proposed SFAR relates to the
use of aircraft dispatchers by former computer operations in Alaska who
are required by the computer rule to have a part 121 dispatch system.
It is long-standing FAA policy that each certificate holder subject to
Sec. 121.395 have aircraft dispatchers that are employed exclusively by
that certificate holder. However, small operations located in remote
areas have found it hard to attract qualified, certificated aircraft
dispatchers to work and live in those areas.
Therefore the FAA proposed to allow certificate holders conducting
scheduled operations in Alaska with airplanes having a passenger-seat
configuration of 30 seats or fewer, excluding each crewmember seat, and
a payload capacity of 7,500 pounds or less under part 121 of this
chapter, to share aircraft dispatchers if they are authorized to do so
by the Administrator in their operations specifications. The requests
will be processed through the certificate-holding district office, with
concurrence by the FAA's Air Transportation Division (AFS-200). Before
granting such an authorization, the Administrator would consider
certain factors that are listed in the SFAR.
The FAA proposed that the SFAR would expire 4 years after it is
issued because the FAA expects that adequate communications facilities
would become available in all parts of Alaska and other areas within
that time.
Several commenters address the provisions in the proposed SFAR. The
Air Transport Association (ATA) sees no reason why the SFAR should be
so restrictive and limited to commuter operations, because from a
safety standpoint, larger aircraft have greater fuel capacity and
alternate airport capability, and generally have a larger safety margin
built in than small commuter aircraft. NATA believes that the proposed
SFAR does not adequately address the special nature of flight
operations in rural Alaskan areas, because the inherent problem is that
Alaska simply does not have the infrastructure to guarantee
communications in remote areas. Also NATA believes that operations in
designated remote areas, where flights are mainly VFR, flight plans
frequently change, and airports are often unattended, should not be
subjected to the same stringent dispatching requirements applied to
other part 121 operations. An aeronautical communications company
disagrees with FAA's statements on lack of infrastructure and
availability of appropriate technology. This commenter believes that
there is a wide variety of choices available to meet the communication
needs for positive operational control and that operators in remote
geographical areas may need to make a combination of choices to allow
them to meet the requirements of the current rules.
The Airline Dispatchers Federal (ADF) and an individual aircraft
dispatcher address the relationship between the communications system
[[Page 13251]]
required by Sec. 121.99 and the role of the aircraft dispatcher in
providing information that may affect the safety of the flight to the
pilot in command. ADF believes that adequate air ground communication
technology is available for Alaskan operations, but that if there is a
lack of weather reporting along their routes, air carriers can provide
station and other personnel with telephone, dial access radio, HF, VHF,
or SatComm communications and provide them with the training to provide
accurate weather and aerodrome information. ADF further suggests that
Alaskan air carriers cooperate to build their own radio network to
cover their routes or that the State of Alaska may want to help finance
any additional infrastructure required for scheduled air service in
Alaska.
ADF suggests that Alaskan pilots, operating under a ``bush''
mentality, have knowingly flown in IMC or VFR flights in response to
operational pressures, and that when adequate communication systems are
in place and aircraft dispatchers are able to obtain accurate
information on weather and other local conditions, the pilots will no
longer be able to decide on their own whether or not to initiate or
continue a particular flight, because, if the information does not show
the operation can be conducted safely, the dispatcher may not authorize
the flight.
ADF and the aircraft dispatcher object to FAA's proposal to allow
Alaskan air carriers to share aircraft dispatchers under certain
conditions. The commenters fear that a dispatcher working under
contract or exercising operational control on a competitor's flight may
have his or her actions second-guessed by the management of the other
airline. ADF comments that a shared dispatcher may be kept at a
distance from the operations and only told what company employees want
the dispatcher to know.
ADF and the dispatcher believes that part 135 operators who have
faced the challenge of complying with the communications and
dispatching rules of part 121 should be commended and not effectively
penalized economically by competitors who take advantage of the
provisions in the proposed SFAR.
After careful consideration of these comments, the FAA has decided
to issue the SFAR as proposed. The FAA disagree with ATA's assertion
that the SFAR should also apply to air carriers operating larger
planes, but instead agrees with ADF that the rules in part 121
requiring adequate communications system and a full aircraft
dispatching system for scheduled operations have contributed for many
years to a high level of safety that should be applied as well to
scheduled operations affected by the commuter rule. The purpose of the
SFAR is to allow the FAA, the affected commuter operators, and the
communications equipment industry to work together to bring every
commuter operator into compliance with part 121 as soon as possible.
However, the FAA's experience in implementing the commuter rule has
been that there are gaps in certain remote areas that could not be
remedied before the March 20, 1997, deadline for implementing the
commuter rule. This is the exception rather than the rule. The limited
number of commuter operators who have not been able to close the
communications gaps along all of their routes have been evaluating
systems and trying to develop plans for complying with Sec. 121.99. The
SFAR will allow extra time for the installation of ground-based
systems, the development of satellite systems, or the development and
approval of technology appropriate to the needs of remote operators.
The FAA agrees with commenters that the role of aircraft
dispatchers is critical to ensuring the safety of flight, particularly
in areas such as Alaska that are subject to difficult and changing
weather conditions. That is why the FAA is not excepting Alaskan
carriers from the dispatcher requirement. However, under section 1205
of the Federal Aviation Reauthorization Act of 1996 (Pub. L. 104-264),
when modifying regulations affecting intrastate aviation in Alaska, the
FAA Administrator must consider the extent to which Alaska is not
served by transportation modes other than aviation, and must establish
such regulatory distinctions as the Administrator considers
appropriate. Also, in implementing the commuter rule, the FAA has found
that in the unique environment of Alaska, it is difficult to recruit
and retain qualified certificated aircraft dispatchers. The commenters'
fears about the potential for contract dispatchers or dispatchers
exercising operational control over competitors' flights are
unwarranted because the SFAR allows for the sharing of dispatchers by 2
companies would be authorized to share a dispatcher only when the
companies can show the FAA that they have joint plans for complying
with the dispatcher training and qualification rules and that the
number of flights for which the dispatcher would be responsible would
not be beyond the capacity of a single dispatcher.
The FAA does not think that authority to operate under the SFAR
would provide an economic advantage to a commuter operator because the
authority will be granted in a very limited number of cases and only
when the operator has shown to the FAA that it is proceeding on a plan
and has a schedule for coming into full compliance with the part 121
rules within 4 years.
8. The proposal amended Sec. 121.99 to allow for ``other means of
communication approved by the Administrator'' as an alternative to the
tow-way radio communication system required by that section. This would
allow certificate holders to use other types of technology, such as
datalink or telephonic communication systems, to comply with this
section.
No comments were received on the proposal and the changes to
Sec. 121.99 are adopted as proposed.
9. The proposal amended the manual requirements in Secs. 121.137,
121.139, 125.71, 135.21, and 135.427 to make these sections compatible
with Sec. 121.133. (Section 121.133 had been revised in the commuter
rule to allow a certificate holder to prepare its maintenance manual in
any form acceptable to the Administrator.) Therefore, the FAA proposed
in the NPRM to include the language ``any form acceptable to the
Administrator'' in the sections above.
The proposal also amended these sections to clarify that,
regardless of the form of the maintenance manual, it must be
retrievable in the English language. Certificate holders who purchase
equipment from foreign manufacturers or previous foreign owners must
ensure that the maintenance instructions to be followed by their
employees and reviewed by the FAA are in English.
No comments were received on the proposal and the changes to the
manual requirements are adopted as proposed.
10. The proposal revised Sec. 121.305(j) to clarify the
requirements for third attitude indicators for turbopropeller powered
airplanes having a passenger seat configuration of 30 seats or fewer
and turbopropeller powered airplanes with more than 30 seats. The
latter have been required to have third attitude indicators since
October 1994.
No comments were received on the proposal and the changes to
Sec. 121.305 are adopted as proposed.
11. The FAA proposed to allow 2 years from the date of the final
rule for the affected operators to install emergency exit locating
signs that comply with Sec. 121.310(b)(1). The additional 2 years for
compliance would be granted to both in-service 10-19 seat airplanes and
newly manufactured 10-19 seat airplanes. Paragraph (b)(1) of
Sec. 121.310 requires that the identity and
[[Page 13252]]
location of each passenger emergency exit must be marked so that the
exit is recognizable from a distance equal to the width of the cabin
and that the location of the exit must be indicated by a sign visible
to occupants approaching along the main passenger aisle. Paragraph
(b)(1)(i) requires that one of the locating signs must be on the
ceiling of the cabin. Because of limited headrooms, most of the 10-19
seat airplanes used by operators subject to the commuter rule do not
have locating signs mounted flush to the cabin sidewalls. For these 10-
19 seat airplanes with limited headroom, the simplest means of
complying may be to replace the two-dimensional signs with beveled or
three-dimensional signs that can be read easily at the cabin extremes;
that type of sign would function to both identify and locate the
corresponding exit.
The FAA also proposed adding a paragraph (b)(2)(iii) to
Sec. 121.310; this paragraph identifies the certification requirements
for passenger emergency exit marking and locating signs. The proposal
addressed the 10-19 passenger seat nontransport category airplanes.
Similar to paragraph (b)(2)(i), it would mandate that the sign
luminescence be 160 microlamberts at the time of manufacture; it would
also prohibit the use of a sign in service if the luminescence
decreases to below 100 microlamberts. Proposed paragraph (b)(2)(iii)
should provide adequate levels of luminescence; the signs would have
the same brightness as signs in some transport category airplanes
currently manufactured and currently operated under part 121, which
have no longer distances between exits than the 10-19 passenger seat
airplanes.
No comments were received on the proposals and the changes to
Sec. 121.310 are adopted as proposed.
12. The proposal amended Sec. 121.133(c) to correct an omission
concerning the use of quick-donning oxygen masks at flight levels above
250 as a substitute for having one pilot at the controls wear and use
an oxygen mask at all times. For pressurized turbine engine powered
airplanes, Sec. 121.333(c) has allowed the availability of a quick-
donning mask to be a substitute for wearing and using a mask at all
times at or below flight level 410. However, under Sec. 135.89(b)(3) at
least one pilot at the controls of a pressurized airplane is required
at altitudes above flight level 350 to wear and use an oxygen mask at
all times.
For those 10-30 passenger airplanes that will be operating under
part 121 as a result of the commuter rule amendments, the proposal
stated that flight level 350 rather than flight level 410 would
continue to be the appropriate altitude at which at least one pilot at
the controls would be required to wear an oxygen mask at all times.
Since the commuter rule was not intended to relax this requirement,
the FAA proposed to amend Sec. 121.333(c) to incorporate the
requirements of Sec. 135.89(b)(3) for airplanes with less than 31
seats, excluding any required crewmember seat, and a payload capacity
of 7,500 pounds or less.
No comments were received on the proposal and the changes to
Sec. 121.333 are adopted as proposed.
13. The proposal amended Sec. 121.437 to eliminate a redundancy
that was created by an earlier corrective amendment and by adding a new
sentence that would have the effect of codifying an existing exemption
that had been in effect since 1980.
The FAA granted the ATA an exemption from Sec. 121.437 (Exemption
No. 2965), allowing a pilot employed by a part 121 certificate holder
as a flight crewmember to be issued additional category and class
ratings to the pilot's certificate if the pilot had satisfactorily
completed the appropriate training requirements of subpart N and the
proficiency check requirements of Sec. 121.441 by presenting proof of
this to the Administrator. This exemption was extended 9 times and is
due to expire on July 31, 1997.
Over the 16 years that the exemption has been in effect, there has
been no known derogation of safety. Therefore, since the FAA has not
had the resources to conduct each proficiency check required by the
rule, the FAA proposed to codify Exemption 2965 into Sec. 121.437.
ATA supports the proposed changes to Sec. 121.437 and adds that
codifying the exemption will also reduce the administrative burden on
both the airlines and the FAA. The final rule is adopted as proposed.
Tables 1-4 From the Commuter Rule
In the preamble of the NPRM for this final rule, the FAA corrected
and republished 3 tables that were a part of the original commuter rule
preamble: Table 2, Comparable Sections in Parts 121 and 135, and Tables
3 and 4, the Derivation and Distribution Tables for Part 119. There
have been no changes to these informational tables since the NPRM was
published (February 3, 1997; 62 FR 5076). The FAA is in the process of
updating Table 1, Summary of New Equipment and Performance
Modifications for Affected Commuters, originally published in the
commuter rule, to present the delayed compliance dates for the
equipment and performance modifications required by the commuter rule
and subsequent amendments.
Any person may obtain a copy of Tables 1-4 by mail by submitting a
request to: Linda Williams, Federal Aviation Administration, Office of
Rulemaking, 800 Independence Avenue, SW., Washington, DC 20691, or by
calling (202) 267-9685.
Federalism Implications
The regulations herein do not have substantial direct effects on
the states, on the relationship between national government and the
states, or on the distribution of power and responsibilities among
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), there are no new requirements for information collection
associated with this rule.
Good Cause Justification for Immediate Adoption
This amendment is needed to make editorial corrections and other
changes to the commuter rule that must be in place before the commuter
rule takes final effect on March 20, 1997. In view of this need to
expedite these changes, and because the amendments would impose no
additional burdens on the public, I find that the amendment should be
made effective in less than 30 days after publication. Therefore, this
final rule is effective as of the date of issuance.
Conclusion
The FAA has determined that this final rule 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). No
cost impact is expected to result and a full regulatory evaluation is
not required. In addition, the FAA certifies that the final rule will
not have a significant cost impact, positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
[[Page 13253]]
List of Subjects
14 CFR Part 21
Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.
14 CFR Part 25
Air transportation, Aircraft, Aviation safety, Safety, Gusts.
14 CFR Part 91
Agriculture, Air traffic control, Aircraft, Airmen, Airports,
Aviation safety, Freight, Noise control, Political candidates,
Reporting and recordkeeping requirements.
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 125
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 135
Aircraft, Airplanes, Airworthiness, air transportation.
Adoption of Amendments
Accordingly, the Federal Aviation Administration (FAA) amends 14
CFR parts 21, 25, 91, 119, 121, 125, and 135 as follows:
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
1. the authority citation for part 21 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.
Sec. 21.431 [Amended]
2. Section 21.431 is amended in paragraph (b) by removing the
parenthetical ``except air taxi operators)''.
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
3. The authority citation for part 25 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702 and 44704.
Sec. 25.1303 [Amended]
4. Section 25.1303(b)(4) is amended by removing the reference to
``Sec. 121.305(j)'' and adding in place thereof a reference to
``Sec. 121.305(k).''
PART 91--GENERAL OPERATING AND FLIGHT RULES
5. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111,
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.
6. Section 91.23 is amended by revising paragraph (b)(1)(ii) to
read as follows:
Sec. 91.23 Truth-in-leasing clause requirement in leases and
conditional sales contracts.
* * * * *
(b) * * *
(1) * * *
(ii) The party furnishing the aircraft is a foreign air carrier or
a person operating under part 121, 125, and 141 of this chapter, or a
person operating under part 135 of this chapter having authority to
engage in on-demand operations with large aircraft.
* * * * *
7. Section 91.323 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 91.323 Increased maximum certificated weights for certain
airplanes operated in Alaska.
(a) * * *
(1) A certificate holder conducting operations under part 121 or
part 135 of this chapter; or
* * * * *
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
8. 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, 44722, 44901, 44903, 44904, 44906, 44912,
44914, 44936, 44938, 46013, 46105.
9. Section 119.3 is amended by revising paragraph (1) introductory
text of the definition for ``on-demand operation,'' by revising the
definition for ``scheduled operation,'' and by revising paragraph (2)
of the definition of ``supplemental operation'' to read as follows:
Sec. 119.3 Definitions.
* * * * *
On-demand operation * * *
(1) Passenger-carrying operations conducted as a public charter
under part 380 of this title or any operations in which the departure
time, departure location, and arrival location are specifically
negotiated with the customer or the customer's representative that are
any of the following types of operations:
* * * * *
Scheduled operation means any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or
commercial operator for which the certificate holder or its
representative offers in advance the departure location, departure
time, and arrival location. It does not include any passenger-carrying
operation that is conducted as a public charter operation under part
380 of this title.
Supplemental operation * * *
(2) Types of operation:
(i) Operations for which the departure time, departure location,
and arrival location are specifically negotiated with the customer or
the customer's representative;
(ii) All-cargo operations; or
(iii) Passenger-carrying public charter operations conducted under
part 380 of this title.
* * * * *
10. Section 119.5 is amended by adding paragraph (k) and (l) to
read as follows:
Sec. 119.5 Certifications, authorizations, and prohibitions.
* * * * *
(k) No person may advertise or otherwise offer to perform an
operation subject to this part unless that person is authorized by the
Federal Aviation Administration to conduct that operation.
(l) No person may operate an aircraft under this part, part 121 of
this chapter, or part 135 or this chapter in violation of an air
carrier operating certificate, operating certificate, or appropriate
operations specifications issued under this part.
11. Section 199.9(b) is revised to read as follows:
Sec. 119.9 Use of business names.
* * * * *
(b) No person may operate an aircraft under part 121 or part 135 of
this chapter unless the name of the certificate holder who is operating
the aircraft, or the air carrier or operating certificate number of the
certificate holder who is operating the aircraft, is legibly displayed
on the aircraft and is clearly visible and readable from the outside of
the aircraft to a person
[[Page 13254]]
standing on the ground at any time except during flight time. The means
of displaying the name on the aircraft and its readability must be
acceptable to the Administrator.
12. Section 119.21 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 119.21 Commercial operators engaged in intrastate common carriage
and direct air carriers.
(a) * * *
(1) Domestic operations in accordance with the applicable
requirements of part 121 of this chapter, and shall be issued
operations specifications for those operations in accordance with those
requirements. However, based on a showing of safety in air commerce,
the Administrator may permit persons who conduct domestic operations
between any point located within any of the following Alaskan islands
and any point in the State of Alaska to comply with the requirements
applicable to flag operations contained in subpart U of part 121 of
this chapter:
(i) The Aleutian Islands.
(ii) The Pribilof Islands.
(iii) The Shumagin Islands.
* * * * *
13. Section 119.35 is revised to read as follows:
Sec. 119.35 Certificate application requirements for all operators.
(a) A person applying to the Administrator for an Air Carrier
Certificate or Operating Certificate under this part (applicant) must
submit an applicaiton--
(1) In a form and manner prescribed by the Administrator; and
(2) Containing any information the Administrator requires the
applicant to submit.
(b) Each applicant must submit the application to the Administrator
at least 90 days before the date of intended operation.
14. Section 119.36 is added to read as follows:
Sec. 119.36 Additional certificate application requirements for
commercial operators.
(a) Each applicant for the original issue of an operating
certificate for the purpose of conducting intrastate common carriage
operations under part 121 or part 135 of this chapter must submit an
application in a form and manner prescribed by the Administrator to the
Flight Standards District Office in whose area the applicant proposes
to establish or has established his or her principal base of
operations.
(b) Each application submitted under paragraph (a) of this section
must contain a signed statement showing the following:
(1) For corporate applicants:
(i) The name and address of each stockholder who owns 5 percent or
more of the total voting stock of the corporation, and if that
stockholder is not the sole beneficial owner of the stock, the name and
address of each beneficial owner. An individual is considered to own
the stock owned, directly or indirectly, by or for his or her spouse,
children, grandchildren, or parents.
(ii) The name and address of each director and each officer and
each person employed or who will be employed in a management position
described in Secs. 119.65 and 119.69, as applicable.
(iii) The name and address of each person directly or indirectly
controlling or controlled by the applicant and each person under direct
or indirect control with the applicant.
(2) For non-corporate applicants:
(i) The name and address of each person having a financial interest
therein and the nature and extent of that interest.
(ii) The name and address of each person employed or who will be
employed in a management position described in Secs. 119.65 and 119.69,
as applicable.
(c) In addition, each applicant for the original issue of an
operating certificate under paragraph (a) of this section must submit
with the application a signed statement showing--
(1) The nature and scope of its intended operation, including the
name and address of each person, if any, with whom the applicant has a
contract to provide series as a commercial operator and the scope,
nature, date, and duration of each of those contracts; and
(2) For applicants intending to conduct operations under part 121
of this chapter, the financial information listed in paragraph (e) of
this section.
(d) Each applicant for, or holder of, a certificate issued under
paragraph (a) of this section, shall notify the Administrator within 10
days after--
(1) A change in any of the persons, or the names and addresses of
any of the persons, submitted to the Administrator under paragraph
(b)(1) or (b)(2) of this section; or
(2) For applicants intending to conduct operators under part 121 of
this chapter, a change in the financial information submitted to the
Administrator under paragraph (e) of this section that occurs while the
application for the issue is pending before the FAA and that would make
the applicant's financial situation substantially less favorable than
originally reported.
(e) Each applicant for the original issue of an operating
certificate under paragraph (a) of this section who intends to conduct
operations under part 121 of this chapter must submit the following
financial information:
(1) A balance sheet that shows assets, liabilities, and net worth,
as of a date not more than 60 days before the date of application.
(2) An itemization of liabilities more than 60 days past due on the
balance sheet date, if any, showing each creditor's name and address, a
description of the liability, and the amount and due date of the
liability.
(3) An itemization of claims in litigation, if any, against the
applicant as of the date of application showing each claimant's name
and address and a description and the amount of the claim.
(4) A detailed projection of the proposed operation covering 6
complete months after the month in which the certificate is expected to
be issued including--
(i) Estimated amount and source of both operating and nonoperating
revenue, including identification of its existing and anticipated
income producing contracts and estimated revenue per mile or hour of
operation by aircraft type;
(ii) Estimated amount of operating and nonoperating expenses by
expense objective classification; and
(iii) Estimated net profit or loss for the period.
(5) An estimate of the cash that will be needed for the proposed
operations during the first 6 months after the month in which the
certificate is expected to be issued, including--
(i) Acquisition of property and equipment (explain);
(ii) Retirement of debt (explain);
(iii) Additional working capital (explain);
(iv) Operating losses other than depreciation and amortization
(explain); and
(v) Other (explain).
(6) An estimate of the cash that will be available during the first
6 months after the month in which the certificate is expected to be
issued, from--
(i) Sale of property or flight equipment (explain);
(ii) New debt (explain);
(iii) New equity (explain);
(iv) Working capital reduction (explain);
(v) Operations (profits) (explain);
(vi) Depreciation and amortization (explain); and
(vii) Other (explain).
[[Page 13255]]
(7) A schedule of insurance coverage in effect on the balance sheet
date showing insurance companies; policy numbers; types, amounts, and
period of coverage; and special conditions, exclusions, and
limitations.
(8) Any other financial information that the Administrator requires
to enable him or her to determine that the applicant has sufficient
financial resources to conduct his or her operations with the degree of
safety required in the public interest.
(f) Each financial statement containing financial information
required by paragraph (e) of this section must be based on accounts
prepared and maintained on an accrual basis in accordance with
generally accepted accounting principles applied on a consistent basis,
and must contain the name and address of the applicant's public
accounting firm, if any. Information submitted must be signed by an
officer, owner, or partner of the applicant or certificate holder.
15. Section 119.67 is amended by revising paragraph (e) to read as
follows:
Sec. 119.67 Management personnel: Qualifications for operations
conducted under part 121 of this chapter.
* * * * *
(e) A certificate holder may request a deviation to employ a person
who does not meet the appropriate airman experience, managerial
experience, or supervisory experience requirements of this section if
the Manager of the Air Transportation Division, AFS-200, or the Manager
of the Aircraft Maintenance Division, AFS-300, as appropriate, finds
that the person has comparable experience, and can effectively perform
the functions associated with the position in accordance with the
requirements of this chapter and the procedures outlined in the
certificate holder's manual. Grants of deviation under this paragraph
may be granted after consideration of the size and scope of the
operation and the qualifications of the intended personnel. The
Administrator may, at any time, terminate any grant of deviation
authority issued under this paragraph.
16. Section 119.71 is amended by revising the introductory text of
paragraph (b), the introductory text of paragraph (d), and the first
sentence of paragraph (f) to read as follows:
Sec. 119.71 Management personnel: Qualifications for operations
conducted under part 135 of this chapter.
* * * * *
(b) To serve as Director of Operations under Sec. 119.69(a) for a
certificate holder that only conducts operations for which the pilot in
command is required to hold a commercial pilot certificate, a person
must hold at least a commercial pilot certificate. If an instrument
rating is required for any pilot in command for that certificate
holder, the Director of Operations must also hold an instrument rating.
In addition, the Director of Operations must either--
* * * * *
(d) To serve as Chief Pilot under Sec. 119.69(a) for a certificate
holder that only conducts operations for which the pilot in command is
required to hold a commercial pilot certificate, a person must hold at
least a commercial pilot certificate. If an instrument rating is
required for any pilot in command for that certificate holder, the
Chief Pilot must also hold an instrument rating. The Chief Pilot must
be qualified to serve as pilot in command in at least one aircraft used
in the certificate holder's operation. In addition, the Chief Pilot
must:
* * * * *
(f) A certificate holder may request a deviation to employ a person
who does not meet the appropriate airmen experience requirements,
managerial experience requirements, or supervisory experience
requirements of this section if the Manager of the Air Transportation
Division, AFS-200, or the Manager of the Aircraft Maintenance Division,
AFS-300, as appropriate, find that the person has comparable
experience, and can effectively perform the functions associated with
the position in accordance with the requirements of this chapter and
the procedures outlined in the certificate holder's manual. * * *
PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
17. 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.
18. SFAR 80 is added to read as follows:
SFAR ________--Alternative Communications and Dispatching Procedures
1. Applicability. This Special Federal Aviation Regulation applies
to each holder of an air carrier or operating certificate (hereafter,
certificate holder) that meets one of the following eligibility
requirements:
a. The certificate holder conducts scheduled operations with
airplanes having a passenger-seat configuration of 30 seats or fewer,
excluding each crewmember seat, and a payload capacity of 7,500 pounds
or less under part 121 of this chapter.
b. The certificate holder conducts domestic operations in Alaska
under part 121 of this chapter.
2. Alternative requirements.
a. If an operator described in paragraph 1.a. of this SFAR is
conducting a flight with an airplane described in 1.a. and if
communications cannot be maintained over the entire route (which would
be contrary to the requirements of Sec. 121.99 of this chapter), such
an operator may continue to operate over such a route subject to
approval by the Administrator. In granting such approval the
Administrator considers the following:
i. The operator has an established dispatch communication system.
ii. Gaps in communication are not over the entire route, but only
over portions of the route.
iii. When communication gaps occur, they occur due to one or more
of the following:
A. Lack of infrastructure.
B. Geographical considerations.
C. Assigned operating altitude.
iv. Procedures are established for the prompt re-establishment of
communications.
v. The operator has presented a plan or schedule for coming into
compliance with the requirements in Sec. 121.99 of this chapter.
b. A certificate holder who conducts domestic operations in Alaska
may, notwithstanding the requirements of Sec. 121.99 of this chapter,
use a communication system operated by the United States for those
operations.
c. An operator described in paragraph 1.a. of this SFAR who
conducts operations in Alaska may share the aircraft dispatcher
required by Sec. 121.395 with another operator described in paragraph
1.a. of this SFAR who conducts operations in Alaska if authorized to do
so by the Administrator. Before granting such an authorization, the
Administrator considers:
i. The operators' joint plans for complying with the aircraft
dispatcher training rules in subpart N of part 121 of this chapter and
the aircraft dispatcher qualification and duty time limitation rules in
subpart P of part 121 of this chapter.
ii. The number of flights for which the aircraft dispatcher would
be responsible.
iii. Whether the responsibilities of the dispatcher would be beyond
the capability of a single dispatcher.
3. Expiration. This Special Federal Aviation Regulation terminates
on
[[Page 13256]]
March 12, 2001, unless sooner terminated.
19. Section 121.2 is amended by adding paragraphs (d)(1)(iv) and
(e)(1)(iv) to read as follows:
Sec. 121.2 Compliance schedule for operators that transition to part
121; certain new entrant operators.
* * * * *
(d) * * *
(1) * * *
(iv) March 12, 1999: Section 121.310(b)(1), Interior emergency exit
locating sign.
* * * * *
(e) * * *
(1) * * *
(iv) Manufactured on or after March 12, 1999: Section
121.310(b)(1), Interior emergency exit locating sign.
* * * * *
20. Section 121.99 is revised to read as follows:
Sec. 121.99 Communication facilities.
(a) Each certificate holder conducting domestic or flag operations
must show that a two-way radio communication system or other means of
communication approved by the Administrator is available at points that
will ensure reliable and rapid communications, under normal operating
conditions over the entire route (either direct or via approved point-
to-point circuits) between each airplane and the appropriate dispatch
office, and between each airplane and the appropriate air traffic
control unit, except as specified as Sec. 121.351(c).
(b) For the following types of operations, the communications
systems between each airplane and the dispatch office must be
independent of any system operated by the United States:
(1) All domestic operations;
(2) Flag operations in the 48 contiguous States and the District of
Columbia; and
(3) After March 12, 2001, flag operations outside the 48 contiguous
States and the District of Columbia.
21. Section 121.137(c) is revised to read as follows:
Sec. 121.137 Distribution and availability.
* * * * *
(c) For the purpose of complying with paragraph (a) of this
section, a certificate holder may furnish the persons listed therein
the maintenance part of the manual in printed form or other form,
acceptable to the Administrator, that is retrievable in the English
language.
22. Section 121.139(a) is revised to read as follows:
Sec. 121.139 Requirements for manual aboard aircraft: Supplemental
operations.
(a) Except is provided in paragraph (b) of this section, each
certificate holder conducting supplemental operations shall carry
appropriate parts of the manual on each airplane when away from the
principal base of operations. The appropriate parts must be available
for use by ground of flight personnel. If the certificate holder
carries aboard an airplane all or any portion of the maintenance part
of its manual in other than printed form, it must carry a compatible
reading device that produces a legible image of the maintenance
information and instructions or a system that is able to retrieve the
maintenance information and instructions in the English language.
* * * * *
23. Section 121.305 is amended by removing the words ``paragraph
(j) of this section'' in paragraph (f) and adding, in their place, the
words ``paragraph (k) of this section;'' and by revising paragraph (j)
to read as follows:
Sec. 121.305 Flight and navigational equipment.
* * * * *
(j) On the airplane described in this paragraph, in addition to two
gyroscopic bank and pitch indicators (artificial horizons) for use at
the pilot stations, a third such instrument is installed in accordance
with paragraph (k) of this section:
(1) On each turbojet powered airplane.
(2) On each turbopropeller powered airplane having a passenger-seat
configuration of more than 30 seats, excluding each crewmember seat, or
a payload capacity of more than 7,500 pounds.
(3) On each turbopropeller powered airplane having a passenger-seat
configuration of 30 seats or fewer, excluding each crewmember seat, and
a payload capacity of 7,500 pounds or less that is manufactured on or
after March 20, 1997.
(4) After December 20, 2010, on each turbopropeller powered
airplane having a passenger seat configuration of 10-30 seats and a
payload capacity of 7,500 pounds or less that was manufactured before
March 20, 1997.
* * * * *
24. Section 121.310 is amended by adding the words ``Except as
provided in paragraph (b)(2)(iii) of this section,'' to the beginning
of paragraph (b)(2)(i); by revising the words ``For an airplane'' to
read ``For a transport category airplane'' in paragraph (b)(2)(ii); and
by adding a new paragraph (b)(2)(iii) to read as follows:
Sec. 121.310 Additional emergency equipment
* * * * *
(b) * * *
(2) * * *
(iii) For a nontransport category turbopropeller powered airplane
type certificated after December 31, 1964, each passenger emergency
exit marking and each locating sign must be manufactured to meet the
requirements of Sec. 23.811(b) of this chapter. On these airplanes, no
sign may continue to be used if its luminescence (brightness) decreases
to below 100 microlamberts.
* * * * *
25. Section 121.333 is amended by revising paragraph (c)(2) to read
as follows:
Sec. 121.333 Supplemental oxygen for emergency descent and for first
aid; turbine engine powered airplanes with pressurized cabins.
* * * * *
(c) * * *
(2) When operating at flight altitudes above flight level 250, one
pilot at the controls of the airplane shall at all times wear and use
an oxygen mask secured, sealed, and supplying oxygen, in accordance
with the following:
(i) The one pilot need not wear and use an oxygen mask at or below
the following flight levels if each flight crewmember on flight deck
duty has a quick-donning type of oxygen mask that the certificate
holder has shown can be placed on the face from its ready position,
properly secured, sealed, and supplying oxygen upon demand, with one
hand and within five seconds:
(A) For airplanes having a passenger seat configuration of more
than 30 seats, excluding any required crewmember seat, or a payload
capacity of more than 7,500 pounds, at or below flight level 410.
(B) For airplanes having a passenger seat configuration of less
than 31 seats, excluding any required crewmember seat, and a payload
capacity of 7,500 pounds or less, at or below flight level 350.
(ii) Whenever a quick-donning type of oxygen mask is to be used
under this section, the certificate holder shall also show that the
mask can be put on without disturbing eye glasses and without delaying
the flight crewmember from proceeding with his assigned emergency
duties. The oxygen mask after being put on must not prevent
communication between the flight crewmember and other crewmembers over
the airplane intercommunication system.
* * * * *
[[Page 13257]]
26. Section 121.437 is amended by removing paragraph (b), by
redesignating current paragraph (c) as paragraph (b) and by adding a
new sentence to redesignated paragraph (b) to read as follows:
Sec. 121.437 Pilot qualification: Certificates required.
* * * * *
(b) * * * Notwithstanding the requirements of Sec. 61.63 (b) and
(c) of this chapter, a pilot who is currently employed by a certificate
holder and meets applicable training requirements of subpart N of this
part, and the proficiency check requirements of Sec. 121.441, may be
issued the appropriate category and class ratings by presenting proof
of compliance with those requirements to a Flight Standards District
Office.
Sec. 121.590 [Amended]
27. Section 121.590 is amended in paragraph (a) by removing the
words ``operate an aircraft into a land airport'' and adding, in their
place, the words ``operate an airplane designed for at least 31
passenger seats into a land airport.''
28. Section 121.713 is amended by revising paragraph (b)(2) to read
as follows:
Sec. 121.713 Retention of contracts and amendments: Commercial
operators who conduct intrastate operations for compensation or hire.
* * * * *
(b) * * *
(2) The information required by Sec. 119.36(e)(2), (e)(7), and
(e)(8) of this chapter.
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE
29. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710--
44711, 44713, 44716-44717, 44722.
30. Section 125.71(f) is revised to read as follows:
Sec. 125.71 Preparation
* * * * *
(f) For the purpose of complying with paragraph (d) of this
section, a certificate holder may furnish the persons listed therein
with the maintenance part of its manual in printed form or other form,
acceptable to the Administrator, that is retrievable in the English
language. If the certificate holder furnishes the maintenance part of
the manual in other than printed form, it must ensure there is a
compatible reading device available to those persons that provides a
legible image of the maintenance information and instructions or a
system that is able to retrieve the maintenance information and
instructions in the English language.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
31. 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.
32. Section 135.2 is amended in paragraphs (d)(1)(1) introductory
text, (d)(2)(i) introductory text, and (e)(1))ii) by removing the words
``December 22, 1997'' and adding, in their place, the words ``December
20, 1997;'' and by adding paragraphs (d)(1))iv) and (e)(1)(iv) to read
as follows:
Sec. 135.2 Compliance schedule for operators that transition to part
121 of this chapter; certain new entrant operators.
* * * * *
(d) * * *
(1) * * *
(iv) March 12, 1999: Section 121.310(b)(1), Interior emergency exit
locating sign.
* * * * *
(e) * * *
(1) * * *
(iv) Manufactured on or after March 12, 1999: Section
121.310(b)(1), Interior emergency exit locating sign.
* * * * *
33. Section 135.21(f) is revised to read as follows:
Sec. 135.21 Manual requirements.
* * * * *
(f) For the purpose of complying with paragraph (d) of this
section, a certificate holder may furnish the persons listed therein
with the maintenance part of its manual in printed form or other form,
acceptable to the Administrator, that is retrievable in the English
language. If the certificate holder furnishes the maintenance part of
the manual in other than printed form, it must ensure there is a
compatible reading device available to those persons that provide a
legible image of the maintenance information and instructions, or a
system that is able to retrieve the maintenance information and
instructions in the English language.
* * * * *
Sec. 135.25 [Amended]
34. Section 135.25 is amended in paragraph (b) by removing the
words ``air taxi or commercial operations'' and adding, in their place,
the words ``operations under this part.''
Sec. 135.64 [Amended]
35. Section 135.64 is amended by removing paragraph (b) and
removing the paragraph designation ``(a)'' from the remaining
paragraph.
36. Section 135.153 is amended by revising paragraph (a) and
removing and reserving paragraph (b) to read as follows:
Sec. 135.153 Ground proximity warning system.
(a) No person may operate a turbine-powered airplane having a
passenger seat configuration of 10 seats or more, excluding any pilot
seat, unless it is equipped with an approved ground proximity warning
system.
(b) [Reserved]
* * * * *
37. Section 135.427 is amended by adding a new paragraph (d) to
read as follows:
Sec. 135.427 Manual requirements.
* * * * *
(d) For the purposes of this part, the certificate holder must
prepare that part of its manual containing maintenance information and
instructions, in whole or in part, in printed form or other form,
acceptable to the Administrator, that is retrievable in the English
language.
Issued in Washington, D.C., on March 12, 1997.
Barry L. Valentine,
Acting Administrator.
[FR Doc. 97-6797 Filed 3-14-97; 1:09 pm]
BILLING CODE 4910-13-M
