[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Proposed Rules]
[Pages 16230-16296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7488]
[[Page 16229]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 119, et al.
Commuter Operations and General Certification and Operations
Requirements; Proposed Rule
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 /
Proposed Rules
[[Page 16230]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 119, 121, 125, 127, and 135
[Docket No. 28154; Notice No. 95-5]
Commuter Operations and General Certification and Operations
Requirements
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This proposed rule would require certain commuter operators
that now conduct operations under part 135 to conduct those operations
under part 121. The commuter operators that would be affected are those
conducting scheduled passenger-carrying operations in airplanes that
have a passenger-seating configuration of 10 to 30 seats and those
conducting scheduled passenger-carrying operations in turbojets
regardless of seating configuration. The proposed rule would revise the
requirements concerning operating certificates and operations
specifications. The rule would also propose certain management
officials for all operators under parts 121 and 135. The need for this
rulemaking is supported by a study conducted by the National
Transportation Safety Board (NTSB), testimony at Congressional
hearings, and accident statistics. The proposed rule is intended to
increase safety in scheduled passenger-carrying operations and to
clarify, update, and consolidate the certification and operations
requirements for persons who transport persons or property by air for
compensation or hire.
DATES: Comments must be received on or before June 27, 1995.
ADDRESSES: Send or deliver comments on this notice in triplicate to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-200), Room 915G, Docket No. , 800
Independence Avenue SW., Washington, DC 20591. Comments may also be
submitted to the Rules Docket by using the following Internet address:
nprmcmts@mail.hq.faa.gov Comments must be marked Docket No. .
Comments may be examined in the Rules Docket between 8:30 a.m. and 5
p.m. on weekdays, except Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Alberta Brown, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-8248.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of this
proposed rule by submitting such written data, views, or arguments as
they may desire. Communications should identify the regulatory docket
or notice number and be submitted in triplicate to the address above.
All communications received on or before the closing date for comments
will be considered by the Administrator before taking further
rulemaking action. Persons wishing the FAA to acknowledge receipt of
their comments submitted in response to this notice must submit with
those comments a pre-addressed, stamped postcard on which the following
statement is made: ``Comments to Docket No. .'' The postcard will be
dated and time stamped and returned to the commenter. All comments
submitted will be available, both before and after the closing date for
comments, in the Rules Docket for examination by interested persons. A
report summarizing each substantive public contact with FAA personnel
concerned with this rulemaking will be filed in the docket.
Availability of NPRM
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center (APA-230), 800 Independence Avenue,
SW., Washington, DC 20591, or by calling (202) 267-3484. Requests must
identify the notice number of this NPRM. Persons interested in being
placed on the mailing list for future NPRMs should also request a copy
of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking
Distribution System, which describes the application procedures.
Outline of NPRM
I. Introduction
II. History
III. The Problem and Recent FAA Actions
A. Accident Rate for Commuter Operations
B. Public Perception
C. Congressional Hearings
D. NTSB Study
E. Recent FAA Actions
IV. The Proposal
V. Major Issues
A. Applicability
B. Aircraft Certification
C. Flight Time Limits and Rest Requirements
D. Age 60 Rule
E. Dispatch System
F. Major Equipment Items
G. Airports
H. Proposed Effective Date and Compliance Schedule
VI. Discussion of Specific Proposals
A. Part 119 Summary
B. Part 121 Discussion
1. Subpart E--Approval of Routes: Domestic and Flag Air Carriers
2. Subpart F--Approval of Routes: Approval of Areas and Routes
for Supplemental Air Carriers and Commercial Operators
3. Subpart G--Manual Requirements
4. Subpart H--Airplane Requirements
5. Subpart I--Airplane Performance Operating Limitations
6. Subpart J--Special Airworthiness Requirements
7. Subpart K--Instrument and Equipment Requirements
8. Subpart L--Maintenance, Preventive Maintenance, and
Alterations.
9. Subpart M--Airman and Crewmember Requirements
10. Subpart N and O--Training Program and Crewmember
Qualifications
11. Subpart P--Aircraft Dispatcher Qualifications and Duty Time
Limitations: Domestic and Flag Air Carriers
12. Subpart Q--Flight Time Limitations and Rest Requirements:
Domestic Air Carriers
13. Subpart R--Flight Time Limitations Flag Air Carriers
14. Subpart S--Flight Time Limitations: Supplemental Air
Carriers and Commercial Limitations
15. Subpart T--Flight Operations
16. Subpart U--Dispatching and Flight Release Rules
17. Subpart V--Records and Reports
C. Proposed Part 119 Explanation
VII. Regulatory Evaluation Summary
VIII. The Proposed Amendment
Background
I. Introduction
Currently, scheduled passenger-carrying air transportation
operations under common carriage are conducted under the Federal
Aviation Regulations (FAR) of 14 CFR part 121 and part 135. Scheduled
passenger-carrying operations in airplanes with passenger-seating
configurations of over 30 seats or more than 7,500 pounds payload
capacity are conducted under part 121. Scheduled passenger-carrying
operations in airplanes with passenger-seating configurations of 30
seats or less or 7,500 pounds or less payload capacity are conducted
under part 135. Part 121, which provides the safety requirements for
all major air carriers (as well as for any operator conducting
scheduled or nonscheduled operations with airplanes configured with
more than 30 passenger seats), is generally considered to have more
restrictive requirements than part 135. The differences between parts
121 and 135 [[Page 16231]] reflect differences in the size of the
aircraft and the scope of the operations. Part 135 is considered to
provide a level of safety comparable to part 121; however, the FAA
continually evaluates changes in the industry and the aviation
environment that may necessitate upgrading the regulations in order to
continue to fulfill the agency's statutory requirement.
II. History
For most of the history of aviation safety regulations, one
dividing line served to separate the regulations that determined
airplane design and type certification, flight operations, maintenance,
pilot, and economic requirements. The dividing line between these sets
of regulations was first established in 1953 and was based on the
maximum certificated takeoff weight (MCTW) of an airplane.
Airplanes with an MCTW of 12,500 pounds or less were small
airplanes and were operated under part 135. Airplanes with an MCTW of
more than 12,500 pounds were considered large airplanes. Large
airplanes, which were generally designed to carry 20 or more
passengers, were used for scheduled air transportation while small
airplanes, which were generally designed to carry fewer than 10
passengers, were used for on-demand air taxi service. The Civil
Aeronautics Board (CAB) used the large/small dividing line to separate
major airline companies, who were required to obtain a Certificate of
Public Convenience and Necessity (CPCN) from the CAB in order to
operate in interstate commerce as a common carrier, from on-demand air
taxi operators, who were exempted from obtaining a CPCN.
During this time, the CAB issued only a small number of CPCN's, and
the companies that received them became household names to the air
traveling public (Eastern, American, Delta, Pan Am, TWA, etc.). In
contrast, on-demand air taxi operators numbered in the thousands.
Before 1970, the typical air taxi operator was a fixed-base
operator, usually at a small airport, that owned fewer than five
airplanes and provided on-demand air transportation as well as other
services, such as training new pilots and selling and renting small
airplanes. Typically, the air taxi portion of such an operator's
business was a small part of that business and rarely involved any
scheduled operations.
Beginning in the late 1960's, airplane manufacturers began to
design and build small airplanes that were capable of carrying more
than 10 passengers, and pushed the passenger capacity of the small
airplanes higher until it approached 20 passengers. As these airplanes
became available, some air taxi operators began to offer services that
resembled the services of the major airlines. There was an economic
incentive for these new commuter-type operators to buy these airplanes
and operate under the less restrictive requirements of part 135. As
part 135 operators acquired more of these airplanes, the nature of some
part 135 operations changed dramatically from the traditional small
airplane air taxi operation to a scheduled commuter operation. Although
the number of these scheduled operators grew, they still remained a
small percent of the thousands of air taxi operators.
In 1978, as a result of the Airline Deregulation Act, the airline
industry was deregulated economically, with air carriers given more
freedom to enter and exit markets without prior government economic
approval. This caused major changes throughout the airline industry.
One of the most significant changes was the ability of the major
carriers to eliminate service to smaller points that proved to be
uneconomical for the size of aircraft they operated and to be replaced
at those points by the smaller commuter carriers. Under this system,
the major part 121 air carriers provided service to the large
metropolitan airports, while the growing class of scheduled part 135
air carriers provided service between the smaller communities as well
as feeder service from the smaller points to the larger cities to
connect with the major carriers' operations. This became commonly known
as the `hub and spoke' system. The most significant effect of these
changes was that the traditional two categories of operations had been
replaced by three categories of operations. The new category contained
scheduled commuter operations that were neither traditional air taxis
nor traditional major air carriers.
Also in 1978, in response to the Airline Deregulation Act, the FAA
reissued part 135 standards to upgrade commuter and air taxi safety
requirements and make them more like part 121. At that time part 135
operators were required to meet more stringent requirements in several
areas, including weather reporting, flightcrew training, maintenance,
and qualifications for management personnel.
Since 1978, the FAA has issued a number of separate rule changes to
further align part 135 safety requirements. Certain part 135 operators
(depending on type of engines and passenger-seating capacity) are now
required to have cockpit voice recorders, flight data recorders (except
some 10- to 19-seat airplanes), and ground proximity warning systems.
Despite the FAA's realignment of part 135, differences between the
regulations still exist. The economic incentive to operate under part
135 still exists because the requirements in part 135 are still less
restrictive than the part 121 requirements in most instances.
For the remainder of this document the following terms are used in
the following ways. ``Commuter,'' ``commuter airline,'' and ``commuter
operator'' means those operators and scheduled passenger-carrying
operations conducted under part 135 in airplanes with a passenger-
seating capacity of 30 or fewer seats. This is the FAA's current use of
the word ``commuter,'' which does not include scheduled passenger-
carrying operations conducted under part 121 in airplanes with a
seating capacity of 31 to 60 seats. The Department of Transportation
(DOT) uses the term ``commuter'' more broadly to include all scheduled
passenger-carrying operations conducted in airplanes with a passenger-
seating capacity of 20 to 60 seats. The term ``regional,'' which is
used by industry to refer to short-haul, passenger-carrying, scheduled
operations conducted under part 121 or part 135, is not generally used
by the FAA and is not used in this document.
III. The Problem and Recent FAA Actions
Recent part 135 commuter accidents have focused public, government,
and industry attention on the safety of commuter operations. While the
safety level of part 135 operations has continued to improve, accident
data, public perception, and recent government inquiries show a need
for additional measures.
III.A. Accident Rate for Commuter Operations
The airline industry that uses airplanes with a passenger-seating
capacity of 60 or fewer seats to conduct scheduled operations under
parts 121 and 135 is an essential part of the air transportation
network in the U.S. These airlines now fly more than all airlines did
in 1958. In 1993, over 50 million passengers, 12 percent of the total
passenger flights in the country, were flown by these airlines. Half of
these passengers were flown in part 135 operations, i.e., in aircraft
with 30 or fewer seats.
The typical airplane flown in commuter operations under part 135 is
a turbopropeller-powered 19-seat airplane such as the Brazilian-made
[[Page 16232]] Embraer Bandeirante, the German-made Dornier 228, the
British-made BAE 31 Jetstream, and the U.S.-made Fairchild Metro and
Beechcraft 1900. These modern airplanes have advanced electronics and
are type certificated for two pilots. They cruise at 250 knots at an
altitude of 25,000 feet. Over the past two decades the safety record of
part 135 commuters has greatly improved. The accident rate per 100,000
departures in 1993 was one-fourth the accident rate in 1980. However,
the accident rate for commuter airlines operating under part 135
continues to be higher than the rate for domestic part 121 airlines. In
the past 2 years, several commuter airline accidents occurred that
attracted media and public attention and caused government and industry
officials to scrutinize the safety system for commuter operations under
part 135. A summary of the most pertinent of these accidents follows:
On December 1, 1993, a Jetstream 31, operated by Express
II (operated as Northwest Airlink), crashed at Hibbing, Minnesota, on
an instrument approach, killing 18 people. A major factor in the
accident was the captain's failure to follow standard operating
procedures in his decision to use an excessive descent rate during the
approach.
On January 7, 1994, a Jetstream 41, operated by Atlantic
Coast Airlines (as United Express), stalled while executing an
instrument landing system approach to the Port Columbus Airport in
Columbus, Ohio. Of the eight people on board, five died and three
survived. The National Transportation Safety Board (NTSB) found that
the flightcrew flew an unstabilized approach, failed to monitor
airspeed, improperly responded to the stall warning, and allowed the
airplane to stall.
On December 13, 1994, a Jetstream 3200, operated by
Flagship Airlines (as American Eagle), crashed at Raleigh-Durham, North
Carolina, on an instrument approach, killing the two pilots, and 15 of
the 18 passengers. The cause of the accident is not yet known.
These accidents involved commuter flights conducted under part 135.
Media attention to these and other commuter-type accidents has
increased concerns about the safety of these operations.
III.B. Public Perception
With the increase in the number of flights to many communities
conducted in airplanes with a seating capacity of 30 seats or less,
some members of the public are questioning whether they are receiving
an appropriate level of safety in small propeller-driven airplanes as
compared to the level of safety they receive in large jets. This public
concern is partly a result of the integration of commuter carriers with
major airlines under an arrangement known as code-sharing. The term
``code-sharing'' refers to the computerized airline reservation system
that lists a commuter flight in the reservation system under the same
code used by a major carrier. Code sharing arrangements range from
marketing agreements to ownership of the code-sharing partner by the
major carrier. A passenger who books with a major carrier may have a
leg of the flight automatically booked with a smaller commuter
affiliate of the major carrier. The first time the passenger realizes
this is during boarding the smaller airplane. Despite the practice of
the affiliate commuter using a similar uniform and airplane paint
scheme as the major airline, the passenger realizes that the type of
service has changed: there is a stairway off the tarmac rather than a
ramp at the terminal; there is less leg room and less room for carry-on
baggage; there is more noise; the flight is at a lower altitude; etc.
With the media attention to recent commuter accidents, the
passenger may also believe that the flight involves more risk because
the smaller airplane and its operation may not have to meet the same
safety standards. Most passengers probably do not realize that some
differences in standards are necessary because of differences in the
airplane and operation and that some of the accidents that are
categorized by the media as ``commuter'' accidents occurred in flights
that were being conducted under part 121; that is, in airplanes with
over 30 passenger seats.
As stated earlier in this notice, the differences in regulations
were initially based on differences in the types of operations and
differences in the size of airplanes; these differences in many
instances still apply. One would not expect, nor would it be feasible,
for a 6-seat airplane operated as an on-demand air taxi to meet all of
the requirements that a scheduled 350-seat transport category jet must
meet. There are inherent differences between the 6-seater and the large
jet. The 6-seater cannot accommodate all the safety equipment or
redundant systems of a large jet. On the other hand, the 6-seater may
fill a need by being more maneuverable and capable of using smaller
airports, etc.
While some of the differences in the requirements between part 121
and part 135 reflect differences in the size and operation of the
airplanes, other differences do not, such as how many hours a pilot may
fly, what emergency equipment must be carried, and what procedures must
be followed in icing conditions. Some differences between the two sets
of regulations must be maintained while others can be eliminated to
improve the safety of commuter operations.
III.C. Congressional Hearings
On February 9, 1994, Congress held hearings on the adequacy of
commuter airline safety regulations. The purpose of the hearings was to
determine if FAA safety regulations should be modified to establish a
single standard for all scheduled operations regardless of airplane
size. Testimony was presented by the FAA Administrator, the Chairman of
the NTSB, the president of the Regional Airline Association, the
president of the Airline Pilots Association, the president of the
Airline Dispatchers Federation, and the director of the Aviation
Consumer Action Project.
Most testimony supported the view that the requirements for 10- to
30-seat commuter operations should be as restrictive as those for
airplanes with 31 or more seats under part 121; that safety equipment
such as flight data recorders, ground proximity warning systems, and
Traffic Alert and Collision Avoidance System (TCAS) should be required
on airplanes used in commuter service; that pilot training should be
the same in part 135 commuter operations as is in part 121; and that
part 135 commuter operations should use a dispatch system.
III.D. NTSB Study
In November 1994, the NTSB published a study on commuter airline
safety. (National Transportation Safety Board Safety Study: Commuter
Airline Safety, NTSB/SS-94/02.) The study was based on the NTSB's
analysis of accident investigations and previous studies, on a recent
site survey of airline operations and policies conducted at a
representative sample of commuter airlines, and on information obtained
from a public forum on commuter airline safety convened by the NTSB.
The findings of the study relevant to this rulemaking are as
follows:
(1) The commuter air carrier industry has experienced major growth
in passenger traffic and changes in its operating characteristics since
1980. There has been a trend toward operating larger, more
sophisticated airplanes, and many carriers have established code-
sharing arrangements with major airlines. The regulations in part 135
have not kept pace with many of the changes in the industry.
(2) Pressure on part 135 pilots to accomplish several tasks, such
as obtaining weather information, [[Page 16233]] calculating minimum
fuel load, and calculating weight and balance, between flights in short
periods of time increases the risk of critical mistakes that could
jeopardize the safety of flight.
The key NTSB recommendations based on these findings are to revise
the FAR such that:
All scheduled passenger service conducted in airplanes
with 20 or more passenger seats would be conducted according to the
provisions of 14 CFR part 121.
All scheduled passenger service conducted in airplanes
with 10 to 19 passenger seats would be conducted in accordance with 14
CFR part 121, or its functional equivalent, wherever possible.
The FAA published all of the NTSB recommendations in the Federal
Register and requested public comments on the recommendations (59 FR
63185, December 7, 1994). Thirty-nine comments were received.
Commenters included small air carriers, trade associations, aircraft
manufacturers, airport operators, and individuals.
Of the comments relevant to this rulemaking, most generally support
expanding the operational rules of part 121, except for flight time
limitations, to commuter operations under part 135. Several commenters
express concern about specific requirements that might apply.
Commenters had considerable reservations about applying certain part
121 equipment requirements to smaller airplanes. The FAA considered all
of the comments in developing this proposed rule.
III.E. Recent FAA Actions
Recently the FAA issued a number of proposed rules that would
increase the safety of commuter operations under part 135. In August
1992, the FAA proposed a new part 142 that would contain certification
and operating rules for training centers. The purpose of that
rulemaking is to provide standardized quality pilot training for
individuals, operators, and air carriers and to increase the
accessibility of flight simulators and flight training devices for
pilot training. (57 FR 35888, August 11, 1992.) The FAA intends to
issue a final rule by May 1995.
In July 1993, the FAA proposed to amend the airworthiness standards
for normal, utility, acrobatic, and commuter category airplanes by
upgrading the requirements for seat restraint systems and increasing
the downward inertia load factor for items of mass within the cabin.
The proposal also would upgrade the flammability standards for seat
cushions in airplanes used by commuter operators. These proposed
amendments would improve the occupant protection provisions for these
types of airplanes and would provide seat restraint requirements and
flammability standards commensurate with those for transport category
airplanes. (58 FR 38028; July 14, 1993) The FAA received an additional
report on commuter airplane accident data analysis in October 1994.
Based on the fact that General Aircraft Manufacturers Association had
requested additional information be made available before the NPRM was
published, a notice to reopen the comment period was issued October 28,
1994, and published November 4, 1994. The reopened comment period
closed March 4, 1995.
In December 1994, the FAA proposed to revise the training and
qualification requirements to require certificate holders that conduct
commuter operations under part 135 with airplanes requiring two pilots
or having 10 or more passenger seats to comply with the part 121
training, checking, and qualification requirements. The proposed rule
would also mandate crew resource management training for pilots,
dispatchers, and flight attendants in part 121. (59 FR 64272, December
13, 1994) The FAA intends to issue a final rule by mid 1995.
While these measures along with the earlier amendments to part 135
continue to make the requirements between parts 121 and 135 similar,
some differences remain. Eliminating these differences would increase
safety in commuter operations.
IV. The Proposal
The FAA proposes in this rulemaking to eliminate the differences in
requirements for scheduled passenger operations using airplanes with a
passenger-seating configuration of 10 or more. While a distinction
still exists between large air carriers and on-demand air taxis, the
FAA believes that the distinction should no longer be maintained for
scheduled passenger operations and that all scheduled operations in
airplanes with a passenger-seating configuration of 10 or more should
comply with part 121 requirements. In addition, the FAA proposes that
all turbojets used in scheduled passenger-carrying operations under
part 135 comply with part 121 requirements regardless of seating
capacity.
The FAA Administrator, when prescribing safety regulations, is
required by statute to consider ``the duty of an air carrier to provide
service with the highest possible degree of safety in the public
interest.'' (49 U.S.C. 44701(d)(1)(A)) The FAA considers that the most
appropriate way to meet this statutory mandate and to reduce the
accident rate for current part 135 commuters operating airplanes with
10 to 30 passenger seats is to require scheduled passenger operations
in those airplanes to meet most of the minimum requirements of part 121
that are relevant to the type of operation and size of the airplane.
Typically, the FAA revises safety regulations when specific events
(such as accidents or incidents) indicate a need to raise or adjust
certain standards. In most instances when standards are revised the FAA
can discuss specific reasons for each change and can estimate whether
each change is cost beneficial. This proposed rulemaking does not lend
itself to this type of item by item justification and cost benefit
analysis because it is difficult to precisely state which rule, in
isolation from other rules, will prevent an accident or incident.
The numerous proposed revisions that would result from requiring
affected part 135 commuter operators to comply with most part 121
requirements cannot readily be evaluated according to specific
accidents that would be prevented. The FAA is proposing to apply much
of the part 121 requirements on affected part 135 commuters because the
agency believes that for those commuters the part 121 approach is
appropriate for the type of operations these affected commuters conduct
and that the part 121 approach to safety will reduce the accident rate
for those operators. The proposed revisions cumulatively would increase
the level of safety by requiring certain improvements in flightcrew
qualifications, cabin safety equipment and cabin materials, airplane
preformance requirements, aircraft operational control, and aircraft
maintenance. Some proposed requirements would be simply a necessary
part of the overall revision. For example, compliance with the manual
requirements of part 121, which are similar to the requirements for
affected commuters in part 135, would necessitate developing,
producing, and distributing new manuals to reflect the many operational
changes that would result. A dispatch system, for example, would
require numerous manual changes. Compliance with the manual
requirements simply reinforces many safety requirements found
elsewhere. It also sets forth the operator's approved procedures for
dealing with various situations. The impact of such a change cannot be
evaluated separately in terms of accidents prevented, but manual
[[Page 16234]] changes are an essential part of changing a part 135
operation to a part 121 operation.
Other revisions, such as requirements for certain cabin safety
equipment and materials, are cumulative; that is, each requirement
works as part of the overall change to increase the survivability rate
in accidents. Increasing the safety level, including passenger
survivability in accidents, is the result of many distinct requirements
associated with emergency equipment, crewmember training, passenger
briefing, and aircraft interior design. Over time, these improvements
in cabin safety have saved many lives, prevented injuries, and
prevented damage to property, though it would be almost impossible to
determine how many lives have been saved or injuries prevented by any
specific requirement. The basic justification for many of these
requirements is that they make sense if the goal is to get passengers
out of an accident alive.
The same is true for many of the proposed revisions in this
rulemaking. The overall approach to regulating under part 121 has
proven to provide the highest level of safety in air transportation in
the world. Therefore, wherever feasible and logical, the FAA proposes
to apply the part 121 approach to the affected commuters in order to
increase safety in these operations. Because the accident rate for part
135 commuters using aircraft configured with 10-30 seats is .33 per
100,000 departures, these proposed changes will yield safety benefits
that outweigh costs even if the rule is only 75% effective.
V. Major Issues [See Table 1]
In the development of this rulemaking, the FAA addressed several
major issues. One of these issues is applicability, the question of
where to draw the dividing line for commuter operations. Currently
scheduled passenger-carrying operations in airplanes with a passenger-
seating configuration of more than 30 seats must comply with part 121
requirements. Commuter operations under part 135 include scheduled
passenger-carrying operations in airplanes of 30 seats or less. While
this proposal is drawing the part 121 dividing line at scheduled
passenger-carrying operations using airplanes having a passenger-
seating configuration of 10 or more, it can be argued that all
passenger-carrying airplane operations under part 135, including on-
demand air taxi operators, should meet the safety requirements of part
121. Another major issue is aircraft type certification. Some of the
airplanes being affected by this rulemaking are type certificated under
part 23 requirements for commuter category airplanes (or earlier
versions--SFAR 23 or 41), which are in some respects less stringent
than the requirements in part 25 for transport category airplanes. The
issue is whether all airplanes used by affected commuters should be
type certificated under part 25 as transport category airplanes, so
that at some point in the future only part 25-certificated airplanes
could be used in scheduled passenger-carrying operations. The FAA also
considered several issues connected with operational safety. These
issues include airmen qualifications, crew flight time requirements,
the need for dispatch systems, and compliance with safety equipment
requirements. The FAA also considered the issue of operating into and
out of airports that do not meet part 139 (Certification and
Operations: Land Airports Serving Certain Air Carriers) requirements.
Table 1.--Summary of Modifications Considered
----------------------------------------------------------------------------------------------------------------
Effective date of required upgrade is as stated, Upgrade will apply to all Upgrade will Upgrade will
measured from the rule publication date airplanes including new and apply to apply to future
-------------------------------------------------- future certificated newly certificated
------------------------------- manufactured airplanes
and future -----------------
certificated
Issue/Requirement W/I 12 months W/I years airplanes
(#) -------------- After 3/24/95
After years#
----------------------------------------------------------------------------------------------------------------
1. Passenger Seat Cushion Flammability........... ................ 2 ............ ................
2. Cargo and Baggage Compartments................ ................ ........... 4 ................
3. Fuel Tank Access Covers....................... ................ ........... ............ Yes.
4. Lavatory Fire Protection...................... ................ 2 ............ ................
5. Access to Emergency Exits..................... ................ ........... ............ Yes.
6. Ditching Emergency Exits...................... ................ 2 ............ ................
7. Two-discharge Fire Extinguishers.............. ................ ........... ............ Yes.
8. Damage Due to a Failed Prop. Blade............ ................ ........... ............ Yes.
9. Bird Strike Damage............................ ................ ........... ............ Yes.
10. Flammability of Interior Materials........... ................ ........... 4 ................
11. Dynamic Seat Testing......................... ................ ........... ............ Yes.
12. Floor Proximity Lighting..................... ................ 2 ............ ................
13. Redundant Control Systems.................... ................ ........... ............ Yes.
14. Exterior Emergency Exit Markings............. Yes............. ........... ............ ................
15. Separation of Pitot Tubes.................... ................ ........... ............ Yes.
16. Pitot Heat Indication System................. ................ 4 ............ ................
17. Landing Gear Aural Warning................... ................ 2 ............ ................
18. Takeoff Warning System....................... ................ ........... 4 ................
19. Self Locking Nuts, Fasteners................. ................ ........... ............ Yes.
20. Dual Control System.......................... ................ ........... ............ Yes.
21. Reinforcement Near Propellers................ ................ ........... ............ Yes.
22. Exterior Emergency Lighting.................. ................ 2 ............ ................
23. Emergency Exit Handle Illumination........... ................ 2 ............ ................
24. Performance & Obs. Clearance................. Yes............. ........... ............ ................
25. Accelerate-stop Requirements................. Yes............. ........... ............ ................
26. First Aid Kits-new req., 10-19 Pax........... Yes............. ........... ............ ................
27. Emergency Medical Kits, 20-30 Pax............ Yes............. ........... ............ ................
28. Wing Ice Light............................... Yes............. ........... ............ ................
29. Fasten Seat Belt Light....................... Yes............. ........... ............ ................
[[Page 16235]]30. Third Attitude Indicator....... Yes............. ........... ............ ................
31. Airborne Weather Radar....................... Yes............. ........... ............ ................
32. Protective Breathing Equipment............... ................ 2 ............ ................
33. Single Point Inertial Harness................ ................ ........... 1 ................
34. Cabin Ozone Concentration.................... Yes............. ........... ............ ................
35. Retention of Galley Equipment................ Yes............. ........... ............ ................
36. Transponders................................. Yes............. ........... ............ ................
37. Cargo in Pax Compartment..................... Yes............. ........... ............ ................
38. Two Landing Lights........................... ................ ........... ............ Yes.
----------------------------------------------------------------------------------------------------------------
V.A. Applicability
The FAA is proposing that in addition to the operations already
covered by part 121, those requirements would apply to all scheduled
passenger-carrying operations for compensation or hire in airplanes
with a passenger-seating configuration of 10 or more seats and to all
scheduled passenger-carrying operations for compensation or hire in
turbojet-powered airplanes regardless of seating capacity. (Throughout
this document operators of those airplanes may be referred to as ``the
affected operators'' or ``the affected commuters'' or words to that
effect.) The proposed dividing line would bring most commuter
operations now conducted under part 135 into part 121. There are
scheduled operations using airplanes of less than 10 passenger seats
conducted under part 135 but they typically occur in geographic areas
such as Alaska and Hawaii where air transportation is virtually the
only feasible mode of transportation and where the operational
environment is unlike other air transportation environments. They
typically are short-haul operations often carrying only four to six
passengers. They resemble air taxi operations more than commuter
operations even though the flights are scheduled.
The NTSB, as stated earlier in this preamble, recommends that the
FAA revise the regulations so that all scheduled passenger service in
airplanes with 20 or more passenger seats be conducted under part 121
and that scheduled passenger service conducted in airplanes with 10 to
19 passenger seats be conducted under part 121 or its functional
equivalent wherever possible. This proposal is in line with the NTSB
recommendation. While all certificate holders operating airplanes in
scheduled passenger-carrying operations with a 10 or more passenger
seat configuration would come under part 121, if compliance with
certain requirements would not be feasible for certain airplanes, the
proposed rule would provide an exception or appropriate alternate
standards. (All significant exceptions are specifically covered in the
subpart discussion of this preamble.)
The proposed rule would also change the definition of
``scheduled.'' The frequency of operations test of five round trips per
week would be eliminated. For a discussion of this issue, see the part
119 discussion in section VI.A of this preamble.
All turbojets used in scheduled passenger-carrying operations,
regardless of the seating configuration, would be moved over to part
121 because the typical type of operation of these airplanes warrants a
higher safety standard. The FAA believes that currently no turbojets
are being used in scheduled passenger-carrying operations under part
135 and that this part of the proposed applicability would not affect
any current operator. The FAA seeks comments on whether any turbojets
are being operated in scheduled passenger-carrying operations under
part 135 and would be affected by this rulemaking.
On-demand air taxi operations are not being included in the
proposal because these operations are unlike commuter or major air
carrier operations. In addition, the NTSB recommendations and the
accidents that spawned this rulemaking involve only commuter
operations. Any part 135 certificate holder who conducts on-demand
operations could be authorized to conduct its operations under certain
part 121 rules [see proposed section 119.21(c)].
Single-engine airplanes are not included in the proposed rule
because part 121 applies only to multiengine airplanes. Single-engine
airplanes would continue to operate under part 135 whether scheduled or
not. However, part 135 would apply to scheduled passenger-carrying
operations with airplanes with a seating capacity of 9 or less
passenger seats. Therefore, single-engine airplanes with a seating
capacity of more than 9 passenger seats would also be prohibited from
conducting scheduled operations under part 135. In effect, this
rulemaking would require single-engine airplanes with 10 or more
passenger seats now operated in scheduled passenger-carrying operations
under part 135 to reduce the passenger-seating capacity to 9 or less.
Single-engine airplanes that are used in nonscheduled operations in
common carriage may continue to operate under the on-demand rules of
part 135.
The primary impact on the use of single engine-airplanes would be
on operations in Alaska. The FAA specifically requests comments on the
potential impact on Alaskan operations. Comments should contain as much
factual information as possible and should address possible alternative
requirements where the commenter believes that this proposal would
cause unjustified limitations on current airplane operations in Alaska.
Rotorcraft operations would remain under part 135; however,
additional standards for scheduled passenger-carrying rotorcraft
operations may be considered at a future date. Also, additional
standards for on-demand air taxi operations may be considered in the
future.
V.B. Aircraft Certification
Airplanes operated under part 121 are type certificated under part
25 (or a predecessor or are subject to special airworthiness
requirements in part 121), [[Page 16236]] which specifies airworthiness
standards for transport category airplanes. Those airplanes operated
under part 135 that have a passenger-seating configuration of 20 to 30
seats are also type certificated under part 25. Other airplanes
operated under part 135 are permitted to be type certificated under
part 23, which specifies airworthiness standards for normal, utility,
acrobatic, and commuter category airplanes. Airplanes operated under
part 135 and having a passenger-seating configuration of 10 to 19 seats
are type certificated under the commuter category airworthiness
standards of part 23 (or a predecessor to commuter category airplanes,
e.g., SFAR 23, SFAR 41). To be type certificated under the normal
category of part 23, the airplane must have a maximum certificated
takeoff weight of less than 12,500 pounds. Nothing prohibits a
manufacturer from type certificating a 10- to 19-seat airplane under
part 25.
An applicant for type certification of a turbopropeller-powered
airplane with a passenger seating capacity of 19 or less passenger
seats has the option of requesting type certification in either the
commuter category under the provisions of part 23 of the FAR or the
transport category under the provisions of part 25 of the FAR. Commuter
category type-certification standards differ in some areas from the
corresponding transport category type-certification standards. In some
of those areas, airplanes with a passenger seating capacity of 19 or
less passenger seats can achieve the same level of safety without full
compliance with the standards of part 25 because of their size,
airspeed, or other pertinent parameters.
In the interest of establishing a common approach for all airplanes
with 10 or more passenger seats used in scheduled passenger-carrying
operations under part 121, the FAA proposes to amend part 121 to
require all airplanes for which an application for type certification
is made after March 24, 1995, including those with 10- to 19-passenger
seats, to be type certificated in the transport category if they are
operated in scheduled passenger operations. In order to ensure that
this proposed change would not place any undue burden on an applicant
for type certification of airplanes that could otherwise be type
certificated in the commuter category, the FAA plans to review the
standards of parts 23 and 25. If it is determined that the level of
safety intended by part 25 could be achieved for those airplanes with
19 or fewer passenger seats through compliance with a particular
standard of part 23 in lieu of the corresponding standard of part 25,
part 25 would be amended to offer the part 23 standard as an option.
Areas identified for further review in this regard include:
Sec. 25.21(f) Measurement of wind 10 meters above the surface,
Sec. 25.251 Vibration and buffeting,
Sec. 25.361 Engine torque,
Sec. 25.812(b) Exit sign size, and
Sec. 25.812(l) Inoperative lighting.
The FAA specifically requests comments concerning the above
subjects and standards of part 23 commuter category that could be
considered as optional standards for part 25. It must be emphasized
that any standard adopted as an option must achieve the same level of
safety as that currently intended by part 25. Although this study is
prompted by the 10- to 19-passenger airplanes that would be operated
under part 121, any changes made to part 25 in this regard would apply
to type certification of each 10- to 19-passenger airplane in the
transport category. Any changes to part 25 that are deemed appropriate
would be the subject of a future notice of proposed rulemaking.
The FAA also proposes that airplanes configured with 10- to 19-
passenger seats already in service or manufactured in the future under
an already existing part 23 commuter category type certificate would
have to comply with certain performance and equipment requirements in
part 121. Some of these part 121 requirements would be based on part 25
requirements. The FAA proposes specific compliance dates, recognizing
that for some airplanes the cost of retrofitting may result in
discontinuing use of the airplane and replacing that airplane with a
part 25 certificated airplane.
V.C. Flight Time Limits and Rest Requirements
Subpart Q of part 121 establishes the flight time limits and rest
requirements for flight crewmembers used by domestic air carriers.
Flight time limits and rest requirements for flight crewmembers used by
flag and supplemental operators are established in subparts R and S,
respectively. The comparable limits in part 135 are in subpart F.
In 1985 (50 FR 29319; July 18, 1985), the FAA issued changes to the
flight time limitation and rest requirements in parts 121 and 135.
These changes clarified and improved the flight time limits and rest
requirements in part 121 for domestic operations and for the first time
established cumulative weekly, monthly, and annual flight time
limitations in part 135. The flight time limitations for scheduled
operations under part 135 are less restrictive than those for domestic
part 121 operations. Currently under part 121, domestic flight time
limits (Sec. 121.471) are 1,000 hours per calendar year, 100 hours per
calendar month, and 30 hours in any consecutive 7 days. Flag flight
time limits (Sec. 121.481) are 1,000 hours per 12-calendar-month
period, 100 hours per calendar month, and 32 hours in any 7 consecutive
days. Under part 135 (Sec. 135.265), scheduled passenger-carrying
operations must comply with flight time limits of 1,200 hours per
calendar year, 120 hours per calendar month, and 34 hours in any 7
consecutive days.
For comparison purposes:
------------------------------------------------------------------------
121 domestic 121 flag 135
------------------------------------------------------------------------
1,000.................. 1,000 1,200
100.................... 100 120
30..................... 32 34
------------------------------------------------------------------------
At the time these rules were issued, the FAA believed that the less
restrictive cumulative flight time limits of part 135 were acceptable
because part 135 operators had not previously had any cumulative
limitations and the less restrictive limits allowed for some
flexibility for operations that necessitated more flight hours during
peak seasons.
There is no longer a justification for the difference in cumulative
flight time limits between commuter operations conducted under part 121
and those conducted under part 135. Both types of operators are
conducting similar types of operations in similar environments. In some
instances the same operator is flying operations under both parts 121
and 135 and applying the less restrictive flight time limits for its
part 135 operations. The only significant differences are in the size
of the airplanes and the number of passengers, differences that do not
justify less restrictive flight time limits for crewmembers.
Therefore, the FAA proposes that the part 121 domestic flight time
limits and rest requirements would apply to affected commuter operators
when conducting operations within the United States. Affected commuter
operators when conducting operations to or from the United States would
comply with the flag flight time limitations and rest requirements of
subpart R.
Additionally, when these operators use these same airplanes for
nonscheduled operations, those airplanes would be required to comply
[[Page 16237]] with supplemental flight time limitations and rest
requirements of subpart S of part 121. (See the discussion under part
119 of the preamble for further information on flag and supplemental
operations.)
The flight time limitations and rest requirements for flag and
supplemental operations were not updated in 1985 when domestic limits
were. In view of this, the FAA is developing an NPRM that it plans to
issue in mid-1995 that would set forth a common approach to reduce the
effects of fatigue on crewmembers in all kinds of operations under
parts 121 and 135.
Section 135.261(b)(1) allows scheduled passenger-carrying
operations conducted solely within the State of Alaska to comply with
the nonscheduled limitations of part 135. This rulemaking does not
propose to include an exception for Alaska under part 121 flight time
limits. This proposal, in effect, would eliminate this option in Alaska
for scheduled passenger-carrying operations of airplanes with 10 or
more passenger seats. The FAA believes this is necessary because pilots
in Alaska are flying in the same type of scheduled operations as pilots
in other parts of the country and are subject to the same fatigue
factors. The FAA does, however, recognize that Alaskan operations pose
certain unique problems, and the FAA requests comments on alternatives
that could be considered.
V.D. Age 60 Rule
Section 121.383 prohibits a certificate holder from using the
services of any person as a pilot on an airplane engaged in operations
under part 121 if that person has reached his or her 60th birthday and
prohibits any person from serving as a pilot on an airplane engaged in
part 121 operations if that person has reached his or her 60th
birthday. Part 135 does not have any age limitation. The FAA proposes
to impose one age limit on all pilots employed in part 121 operations,
including those pilots currently employed in certain part 135 scheduled
operations.
The Age 60 Rule, as the requirement has come to be known, has been
the subject of considerable attention by the FAA, pilot groups, and
others. The FAA is presently considering whether, in the interest of
safety, the Age 60 rule should be maintained as is or revised to allow
pilots to continue to fly in part 121 operations past their 60th
birthday. If the FAA determines that it is appropriate to propose a
different age limitation, it will propose to apply the revised
limitation to all part 121 operations, including those commuter
operations affected by this rule.
V.E. Dispatch System
Parts 121 and 135 require operators to exercise operational control
over all flights conducted by the operator. Operational control is
defined in 14 CFR part 1 as ``the exercise of authority over
initiating, conducting and terminating a flight.'' Operational control
consists of making decisions and performing activities on a daily basis
which are necessary to operate specific flights safely. These
activities include, but are not limited to, crew and airplane
scheduling, reviewing weather and NOTAM's (Notices to Airmen), and
flight planning. Operational control systems vary according to the kind
of operation, the complexity of operations, and the means of
communication used to exercise operational control. Parts 121 and 135,
in pertinent part, provide for three general types of operational
control systems: Aircraft dispatch, flight following, and flight-
locating systems.
While part 121 requires certificate holders conducting domestic and
flag operations to have aircraft dispatch systems to exercise
operational control of flights, part 135 does not. A certificate holder
that conducts domestic or flag operations under part 121 must use a
certificated aircraft dispatcher. The aircraft dispatcher in
conjunction with the pilot in command (PIC), establishes the flight
plan and monitors the flight from flight release to flight completion.
The aircraft dispatcher provides the PIC with information on weather
changes, fuel level, weight and balance, and destination airport
conditions and capabilities; and, jointly with the PIC, makes decisions
affecting the continuing safety of the flight. Under part 135
operations the PIC is typically responsible for these operational
control functions. The following sections describe the three types of
operational control in the FAR.
Aircraft Dispatch Systems. Section 121.395 requires operators
subject to the flag or domestic rules of part 121 to use certificated
aircraft dispatchers who, along with the PIC, under Secs. 121.533 and
121.535, are jointly responsible for exercising operational control
over certain aspects of flights. A PIC may not initiate or continue a
flight unless both the PIC and the aircraft dispatcher controlling the
flight agree that the flight can be conducted safely as planned under
reported and forecast conditions. The FAR require that both the
aircraft dispatcher and the PIC sign a dispatch release. Section
121.463 requires that each aircraft dispatcher be familiar with all
essential operating procedures for that segment of the operation over
which he or she exercises dispatch jurisdiction. Before dispatching any
flight, an aircraft dispatcher must be thoroughly familiar with the en
route and terminal weather conditions and the status of communications,
navigation, and airport facilities. Section 121.601 requires that the
aircraft dispatcher provide the PIC with a preflight briefing on each
of these items. An aircraft dispatcher must monitor the progress of
each flight under the dispatcher's control until the flight has landed
or passed beyond the dispatcher's area of control or until the
dispatcher is relieved by another dispatcher. Flight monitoring, at a
minimum, must include monitoring the flight's fuel supply, remaining
flight time, terminal weather trends, en route winds and weather, and
the status of airport and navigational facilities. Section 121.99
requires that rapid and reliable two-way radio communications between
each flight and the dispatcher be available at any time in the flight.
Once initiated, a flight must continue to its destination as planned
and in accordance with the conditions of the dispatch release unless,
in the opinion of either the PIC or the dispatcher, it is unsafe to do
so. In such cases, the dispatch release must be amended. Section
121.557 authorizes the PIC to deviate from the conditions of the
dispatch release to the extent necessary for safety in an emergency.
When the PIC exercises this authority, the regulation requires the PIC
to keep both air traffic control (ATC) and dispatch fully informed of
the progress of the flight.
Flight Following Systems. Operators subject to part 121
supplemental rules (charter operations, all-cargo operations, etc.) are
not required to have dispatch systems because such systems are
impractical for operators who do not fly to the same destinations on a
scheduled basis. Section 121.537 requires operators who are subject to
the supplemental rules of part 121 to place the major responsibility
for operational control of flights with the director of operations. The
director of operations may delegate authority for the control of the
flight to other employees (known as flight followers). Flight following
personnel are not required to be certificated aircraft dispatchers.
Under a flight following system, PIC's are responsible for preflight
planning and for the safe conduct of the flight. A PIC may not begin a
flight unless the PIC is thoroughly familiar with reported and forecast
weather conditions on the route [[Page 16238]] to be flown and has
obtained all available reports on airport conditions and irregularities
of navigation facilities that may affect the safety of the flight. A
flight release specifying the conditions under which the flight will be
conducted is prepared and signed by the PIC before the flight may
depart. Section 121.597(b) prohibits the PIC from signing the release
until the director of operations or the flight follower, if delegated
the authority, concurs that the flight can be safely conducted as
planned. During the flight the PIC must obtain any additional available
information on meteorological conditions and navigational and airport
facilities that may affect the safety of the flight. The operator is
responsible for ensuring that the PIC has the means to obtain this
information. The operator is not required to provide the capability for
inflight radio communications between the director of operations or
flight follower and the PIC. The director of operations is responsible
for monitoring the progress of each flight from its point of origin to
its arrival at the destination.
Flight Locating Systems. While Sec. 135.77 requires that each
operator exercise operational control, part 135 does not specify a
particular means of exercising continuous operational control of all
aspects of the flight. Since part 135 operations range from visual
flight rule operations in simple airplanes to extended overwater
operations in jet transport airplanes, the regulations allow the
operator to use a means that is appropriate to the operating
conditions. Part 135 does not require operators to prepare a formal
release authorizing a specific flight. Section 135.69 requires that the
operator restrict or suspend operations when either the PIC or the
operator becomes aware of a hazardous condition. The operator's manual
must provide for adequate briefing and trip planning procedures to
ensure that all safety requirements are fulfilled. Part 135 operators
commonly delegate release authority to PIC's. Section 135.79 requires
that each operator maintain at least a flight locating system for those
flights for which an FAA flight plan is not filed. The system must
provide for the timely notification of an FAA facility or a search and
rescue facility if an airplane is overdue or missing. Part 135
operators may require PIC's to file ATC flight plans as a means of
complying with this requirement. Part 135 operators are not required to
have the capability to contact flights while they are airborne. Part
135 does not specify the qualifications or titles of individuals
authorized to release or follow flights.
FAA Dispatch Proposal. For scheduled passenger-carrying operations,
the safest means for maintaining operational control is an aircraft
dispatch system. This allows for information relevant to the flight to
be accessed and passed on to the pilot throughout the flight. It also
provides the pilot with verification of pilot calculations related to
weight and balance, fuel load, etc., since these detailed calculations
are also performed by the aircraft dispatcher. Weather changes en
route, airport and airport facility, and other essential information is
made available to the pilot through the dispatcher. If an inflight
emergency occurs, the pilot and the dispatcher can communicate on the
safest measures to follow.
While the safety benefits of a dispatch system are significant,
there is substantial cost involved in establishing a dispatch system
because dispatchers must be hired and trained and dispatch centers and
equipment must be available for communicating. In addition, some part
135 operators who would be subject to part 121 requirements as a result
of this rulemaking already use an aircraft dispatch system.
The Congressional hearings on commuter operations included
presentations directly related to requiring dispatchers for commuter
operations conducted under part 135. Arguments for part 135 dispatchers
included the following: (1) NTSB said that a lack of direct management
oversight and inexperienced crews may have contributed to some part 135
commuter accidents and that a dispatcher may provide an additional
safety enhancement; (2) the Airline Dispatchers Federation (ADF) said
that dispatchers can prevent accidents by assisting the pilot with
preflight planning and providing safety information throughout flights.
ADF added that using dispatchers would not be costly because carriers
would save fuel. They also said that sufficient staff may already exist
to handle dispatcher duties. ADF representatives testified that pilots
should fly the airplane and let dispatchers take over some of the
traditional pilot workload (e.g., flight planning to include fuel
planning, weather checks, weight and balance calculations).
Contrary to ADF's suggestion about dispatchers taking over some of
the pilots' work load, the FAA believes that, although the aircraft
dispatcher initially performs certain calculations, the pilot is still
required to check the dispatcher's calculations before flight. The
redundancy of the dispatch system provides assurance that the
calculations are accurate. This is especially important in fast turn-
arounds, common in commuter operations.
The NTSB safety study on commuter airline safety (as cited earlier)
reports that for 20 commuter airlines that were surveyed: 4 provide
licensed dispatch services (these 4 also conduct part 121 scheduled
operations); 16 provide weather information to the pilot at each
station through computerized services, station agents, or ramp
personnel; at 19 airlines, the pilots calculate weight and balance for
each flight; and at 11 airlines, the pilots are responsible for
calculating the minimum fuel load for each flight.
The NTSB found that pressures on part 135 pilots to accomplish
several tasks--such as obtaining weather information, calculating
minimum fuel load, and calculating weight and balances--between flights
in short periods of time increase the risk of critical mistakes that
could jeopardize safety.
Pilot responses to questions in the survey about dispatch services
and comments made during a public forum conducted by NTSB indicated
that it was extremely difficult for the pilots to accomplish the tasks
correctly in the amount of time they had during turn-arounds. Pressure
to perform the tasks rapidly is most extreme for newly employed
captains and first officers who are concerned that their performance
evaluations will suffer if they are responsible for flight delays.
Pilots reported that they would feel more confident if their weight and
balance and fuel calculations were verified by a trained and licensed
dispatcher.
The NTSB safety study recommendations include requiring principal
operations inspectors to periodically review air carrier flight
operations policies and practices concerning pilot tasks performed
between flights to ensure that carriers provide pilots with adequate
resources (such as time and personnel) to accomplish those tasks. (NTSB
recommendation A-94-193)
To correct these identified problems, the proposed rule would
require all affected commuters to meet all part 121 dispatch
requirements, including dispatcher qualification requirements,
recordkeeping, and flight release requirements. Affected commuters who
would conduct some nonscheduled flights under part 121 supplemental
rules could use a flight following method for the nonscheduled flights.
[[Page 16239]] The FAA does, however, recognize that Alaskan operations
pose certain unique problems, and the FAA requests comments on
alternatives that could be considered.
V.F. Major Equipment Items
Part 121, subpart K, contains certain equipment requirements for
airplanes operated under that part. Some of these items of equipment
are considered major because they are relatively costly to buy and
install and they provide major safety benefits. These items include
flight data recorders (Secs. 121.343 and 135.152), traffic alert and
collision avoidance system (Secs. 121.356 and 135.180), airborne
weather radar (Secs. 121.357 and 135.173), low altitude windshear
(Sec. 121.358), and cockpit voice recorders (Secs. 121.359 and
135.151). Of the above items, airborne weather radar is the only
equipment requirement that would be added for 10- to 19-passenger-
configurated airplanes under this proposal. Each major equipment
requirement affected or not affected by the proposed rule is discussed
below.
Flight Data Recorders (FDR). FDR are required in part 121 for all
large airplanes. Stated simply, the regulations require operators to
equip certain airplanes at specified times with digital FDR that have
6, 11, or 17 data parameters depending on the date of type
certification or manufacture of the airplane. FDR are required in part
135 for multiengine turbine-powered airplanes with a passenger-seating
configuration of 10 to 19 seats that were brought on to the U.S.
register after October 11, 1991. This means that airplanes manufactured
after that date or brought into the country and registered after that
date must have FDR, but airplanes previously registered do not have to
be retrofitted with FDR. Airplanes having a passenger-seating
configuration of 20 or more seats must be equipped with FDR no matter
when they were registered.
FDR are an essential tool for determining the causes of airplane
accidents. As cockpit technology has advanced FDR have been developed
to capture more information on the flight characteristics of an
airplane and thereby yield more helpful information in determining the
causes of accidents.
Concurrent with this rulemaking, the FAA had determined that the
FDR regulations in part 121 need to be updated to address technological
advances in airplanes and FDR equipment. The FAA had made a preliminary
decision to issue a proposal on FDR in the near future. Subsequent to
its review, the NTSB, on February 22, 1995, issued three
recommendations concerning FDR changes, and a public meeting is
scheduled for April 20, 1995. In light of these developments, it would
not be prudent to require affected operators to comply with current
part 121 requirements at this time. This proposal would therefore
maintain the status quo on FDR requirements, pending future rulemaking.
Traffic Alert and Collision Avoidance System (TCAS). Both parts 121
(Sec. 121.356) and 135 (Sec. 135.180) require TCAS. Section 121.356(a)
requires TCAS II with an appropriate class of Mode S transponders for
airplanes with more than 30 seats. Section 121.356(b) requires
passenger or combination cargo/passenger airplanes with seating
configurations of 10 to 30 seats to have an approved TCAS by December
31, 1995 (59 FR 67584; December 29, 1994).
In both part 121 and part 135, a TCAS II System installed in a 10-
to 30-seat airplane must be capable of coordinating with TCAS units
that meet TSO C-119.
Section 121.356(c) requires that the manuals required by
Sec. 121.131 shall contain certain information in the TCAS II System.
Section 135.180(b) has a similar requirement stating that the flight
manual required by Sec. 135.21 shall contain certain information on
TCAS I.
Since the requirements for 10- to 30-seat airplanes are
substantially the same, affected commuters would be able to comply with
the part 121 requirements. The manual requirements in part 121 would be
updated to apply to TCAS I as well as TCAS II.
Airborne Weather Radar. Section 121.357 requires an approved
airborne weather radar on all transport category airplanes. Part 135
has requirements identical to part 121 for large transport category
airplanes in passenger operations (Sec. 135.175), but part 135
requirements are less restrictive for airplanes with a passenger-
seating configuration of 10 to 19 seats (that is, nontransport
category) (Sec. 135.173). These airplanes may have either airborne
weather radar or airborne thunderstorm detection equipment. Both parts
121 and 135 contain exceptions for operations in the states of Hawaii
and Alaska and parts of Canada.
While most commuters operating under part 135 probably have
airborne weather radar, some of the 10- to 19-passenger-seat airplanes
may not. Airborne weather radar provides a higher level of safety than
thunderstorm detection equipment because it provides pilots with a more
accurate presentation of the relative location and distance of
potentially severe weather conditions. Radar may be tilted up or down
to show the maximum tops of thunderstorm areas and may be adjusted to
display the relative density and strength of the area of potentially
severe weather. With radar in an aircraft it is feasible to maneuver
safely through an unanticipated entrance into severe weather
conditions.
This proposal would require all affected operators to have airborne
weather radar on their airplanes.
Low-Altitude Windshear. Low-altitude windshear equipment provides a
warning to the flightcrew if windshear is in the area and provides
guidance for avoiding windshear. Section 121.358 requires low-altitude
windshear equipment on turbine-powered airplanes. The definition in
Sec. 121.358(d)(1) for turbine-powered excludes turbopropeller-powered
and piston-powered airplanes. Part 135 does not require low-altitude
windshear equipment. Both part 121 and part 135 (Secs. 121.404 and
135.10) require windshear training for crewmembers; part 121 requires
ground and flight (simulator) training while part 135 requires ground
training.
The proposed rule would not require low-altitude windshear
equipment for turbopropeller-powered or piston-powered airplanes since
these airplanes are already excluded under the part 121 definition. The
performance characteristics of these airplanes make them better able to
escape from an inadvertent windshear encounter. The turbopropeller
engines and straighter wings of these airplanes enable lift and
acceleration to be more immediately applied, thus making the airplanes
better able to escape from inadvertent windshear encounters.
If any turbojet-powered airplane is being used in scheduled
passenger-carrying operations under part 135, it would have to comply
with the part 121 low-altitude windshear equipment requirements. The
FAA requests information on any operator who would be affected by this
requirement.
Cockpit Voice Recorders (CVR). CVR provide accident investigators
with information about the flight which helps to determine the cause of
an accident or incident and thereby helps to prevent future accidents.
Section 121.359 requires CVR on all large turbine-engine-powered
airplanes and on large pressurized airplanes with four reciprocating
engines. Section 135.151(a) requires one standard of CVR on all
multiengine turbine-powered airplanes or rotorcraft having a passenger-
seating configuration of six or more and for which two pilots are
required by type certification, and Sec. 135.151(b) requires another
standard [[Page 16240]] for all multiengine turbine-powered airplanes
or rotorcraft having a seating configuration of 20 or more seats.
The proposed rule would not change current CVR requirements. These
standards, updated in 1988, continue to be appropriate to the types of
operations involved. The requirements now in part 135 for 10- to 19-
seat airplanes would be incorporated into part 121 under the proposed
rule.
V.G. Airports
Section 121.590 requires that no air carrier or pilot conducting
operations under part 121 may operate an airplane into a land airport
in the U.S. (or territory, etc.) unless the airport is certificated
under 14 CFR part 139. Section 135.229 states that no certificate
holder may use any airport unless it is adequate for the proposed
operation.
Part 139 prescribes regulations governing the certification and
operation of land airports that are served by any scheduled or
nonscheduled passenger air carrier operating airplanes with a seating
capacity of more than 30 passengers. Therefore, part 135 commuter
operators may use airports that are not FAA certificated.
Part 139 contains requirements for aircraft rescue and fire
fighting equipment, airport guidance signs, airfield inspection
procedures, airport staff training, airfield discrepancy reporting
(Notices to Airmen), airfield pavement maintenance standards, emergency
plans, snow and ice control plans, and runway and taxiway standards.
The statutory authority for the FAA to certificate airports, as
specified in 49 U.S.C. 44706(a), limits that authority to an airport
``that serves an air carrier operating aircraft designed for at least
31 passenger seats.'' The NTSB has recommended that the FAA seek
legislative expansion of the statute to include in the Airport
Certification Program all airports served by air carriers that provide
scheduled passenger carrying service and revise part 135 to permit
scheduled passenger operations only into airports certificated under
the standards in part 139.
In response to the NTSB recommendation, the FAA in conjunction with
the Department of Transportation, is proposing legislation which would
grant the agency the authority to certificate any airport which
receives scheduled service by an air carrier utilizing airplanes
designed for 10 or more passenger seats. If approved, this legislation
would add approximately 200 airports to the FAA's airport certification
program.
Until such legislation is enacted, according to the proposed rule,
affected commuters would be permitted to operate into other than part
139 certificated airports. Should the FAA receive expanded authority
over airport certification, the FAA would, through rulemaking, propose
standards that are sufficiently flexible to cover the range of airports
presently served under part 135. These standards could not, in all
cases, be at the level currently required under part 139 for part 121
operations.
In anticipation of receiving the necessary legislative authority,
the FAA has proposed a task to the Aviation Rulemaking Advisory
Committee (ARAC). The task requests ARAC to recommend what requirements
in part 139 should be applicable to these airports. In making these
recommendations ARAC is to consider accepted industry practices
regarding airport safety, personnel available at these airports, costs
associated with meeting these requirements (e.g., capital, operating,
and maintenance costs), and the types of accidents/incidents that have
occurred at these airports. The ARAC task allows all segments of the
industry the opportunity to provide input into this effort at the
earliest stages and will serve as the basis for rulemaking if the
legislative authority is granted.
V.H. Proposed Effective Date and Compliance Schedule
The FAA proposes an effective date of 30 days and a general
compliance date of 1 year. The FAA also proposes delayed compliance
dates for certain actions as listed below. Proposed Secs. 121.2 and
135.2 set out the compliance schedule and an accelerated compliance
option, as discussed below.
Under the proposal, affected operators would comply with each
requirement in part 121 unless an exception is provided in part 121.
Therefore, it is important for affected operators to examine and
comment on the potential impact on their operations of every part 121
requirement and not just those requirements specifically discussed in
this NPRM.
It is the FAA's intention that if a final rule is adopted as a
result of this NPRM, the final rule would be published not later than
December 31, 1995, and that within 1 year of that date, that is, by
December 31, 1996, all affected operators that have air carrier
certification or operating certificates issued under part 135 at the
time of publication would have completed the approval process and
obtained new operations specifications giving them authority to conduct
domestic or flag operations under part 121.
Under this proposal, persons who submit applications for or obtain
air carrier certificates or operating certificates after 30 days after
the effective of the final rule would be required to obtain part 121
operations specifications; however, these new entrants would meet the
same requirements as the affected commuters, i.e., delayed dates for
compliance and retrofit.
The FAA proposes longer compliance dates than the proposed 1-year
general compliance date for some equipment requirements. These
requirements, which fall into two categories, retrofit requirements and
requirements for newly manufactured airplanes, are explained later in
the preamble under the applicable part 121 subpart and are set out in
proposed Secs. 121.2 and 135.2 (these two sections are identical). In
each case, the FAA has calculated the compliance time in consideration
that, even if each of the retrofits were to be started immediately, it
would take considerable time to accomplish them fleet-wide. Factors
that mitigate for a period longer than one year include:
The necessity for redesign of approved structures and
systems, and the extent of those redesigns.
The requirement to test such redesigns, including the
effect of the redesign on other systems.
The availability of FAA resources for witnessing tests and
for making findings of compliance.
The labor and airplane downtime necessary to accomplish
the retrofits.
The availability (or lack thereof) of appropriate
materials and parts, and qualified designers and installers. The short
lead times from suppliers and other entities not subject to direct
control of operators are also relevent, especially since affected
operators may be competing for the same resources.
The effect of achieving compliance of other requirements
that would be imposed by this or other rulemakings. (For example, the
compliance period for the proposed requirements for flammability for
compliant seat cushions and flotation-capable seat cushions would
coincide.)
The longer compliance times are summarized as follows:
Two-year retrofit period. The following would require to be
retrofitted within 2 years after the publication date of the final
rule:
Landing gear aural warning device (Sec. 121.289).
Ditching emergency exits requirements in Sec. 25.807(e)
(Sec. 121.293(a)). [[Page 16241]]
Lavatory fire protection (Sec. 121.308).
Floor proximity lighting, emergency exit handle
illumination, and interior and exterior emergency lighting
(Sec. 121.310 (c), (d), (e), and (h)).
Passenger seat cushion flammability and flotation
(Secs. 121.312(c) and 121.340).
Protective breathing equipment (Sec. 121.337(b)).
For example, compliance with the lavatory fire protection
requirements would include redesigning existing lavatories to
incorporate automatic fire extinguishers and other hardware, where none
had existed before. In attempting to comply with the passenger seat
cushion requirements, affected operators may end up competing for
suppliers' cushion materials. The incorporation of PBE equipment in
cockpits, where space may be scarce, may necessitate design compromises
that must be carefully evaluated.
Four year retrofit. The following would be required to be
retrofitted within 4 years after the publication date of the final
rule:
Pitot heat indication system (Sec. 121.342).
Additional factors may mitigate for proposing requirements to apply
only to newly manufactured airplanes. In addition to consideration of
the extent of redesigning and replacing existing systems and
structures, the need to revise and re-tool manufacturing processes
frequently will be relevant.
Newly manufactured within 1 year. The following would be required
of newly manufactured airplanes operated in scheduled service 1 year
after the publication date of the final rule:
Safety belts and shoulder harnesses (Sec. 121.311(f)).
Compliance with this requirement would mandate that use of each
belt and harness system, when buckled, allows each flight crewmember to
perform their duties, including reaching controls on the flight deck;
this may entail a redesign to ensure the proper crewmember-to-control
interface.
Newly manufactured within 4 years. The following would be required
of newly manufactured airplanes operated in scheduled service 4 years
after the publication date of the final rule:
Takeoff warning system (Sec. 121.293(b)).
Compartment interior flammability (Sec. 121.312(a)).
Cargo and baggage compartments (Sec. 121.314).
Compliance with the cargo and baggage compartment requirements, for
example, would involve redesigning the airplanes to incorporate
detector and extinguisher systems; in addition, new compartment liner
materials would be incorporated. Compliance would likely necessitate
the incorporation of redesigned mechanical, structural, and electrical
systems to support the new systems. Designs and materials that have
been approved for transport category airplanes may or may not ``work''
in other certificated airplanes; design and testing resources would be
expended to confirm whether they do. Space within the fuselages of
affected airplanes will likely be at a premium, thus limiting many
design alternatives. The availability of (or lack thereof) design,
part, and material support may be noticeably affected by competition
for them among several operators.
To ensure an orderly transition to part 121 operations, the FAA
proposes that a transition plan be submitted by each affected commuter
within 60 days of the publication date of the final rule. Such a plan
would enable operators to transition to part 121 operations efficiently
and methodically, while giving the FAA the information it needs to
allocate FAA inspector resources appropriately to ensure that all
affected commuters receive both help and oversight as they move to part
121 operations.
Proposed Secs. 121.2(g) and 135.2(g) set out the elements of the
transition plan. It must contain a calendar of events and show detailed
plans for obtaining new part 121 operations specifications, showing
compliance with all applicable part 121 requirements, and purchasing
and installing equipment within the time allowed for each equipment
requirement. Specific discussion of such items as developing and
implementing a dispatch system, updating manuals to meet part 121
requirements, and conducting any necessary proving tests would be
included in the plan. The plan should also address how compliance with
this rule would be coordinated with the implementation of the new rule
requiring training under part 121, subparts N and O. (See discussion
under ``FAA Related Actions,'' above.)
The FAA requests comments on the proposed effective date and
compliance schedule. The FAA encourages affected operators to achieve
compliance sooner than the 1-year general compliance date and delayed
compliance dates and would like to provide incentives that the FAA can
reasonably provide. The FAA requests comments on possible incentives
for early compliance.
VI. Discussion of Specific Proposals
VI.A. Part 119--Certification: Air Carriers and Commercial Operators:
Summary
Purpose of Part 119. Part 119 is a proposed new part that
consolidates into one part the certification and operations
specifications requirements for persons who operate under parts 121 and
135. These regulations are currently in SFAR 38-2, which replaced the
certification and operations specification requirements in parts 121
and 135 in response to the Airline Deregulation Act of 1978.
Part 119 was originally proposed in 1988 (53 FR 39853; October 12,
1988; Docket No. 25713). Based on comments received on the definition
of ``scheduled operation'' in the NPRM, the FAA published a
Supplemental Notice of Proposed Rulemaking (SNPRM) in 1993 (58 FR
32248; June 8, 1993; Docket No. 25713).
In this NPRM, the FAA is republishing the entire text of part 119
for comment because of the length of time since the first NPRM, the
number of changes that have been made to the proposed text, and the
significance of the changes to part 119 that are proposed as a result
of this NPRM.
In this section of the preamble, changes to proposed part 119 that
are the result of this NPRM are explained. Other changes to part 119
that are not related to this NPRM are discussed later in the preamble,
after the discussion of the proposed changes to parts 121 and 135.
The FAA requests comments on all aspects of part 119. However,
comments already received on the first NPRM and the SNPRM for part 119
will be considered before issuing part 119 as a final rule; therefore,
commenters do not need to repeat statements already submitted to the
FAA.
Changes to Part 119 as a Result of this NPRM. Proposed Sec. 119.3
contains definitions for the 5 kinds of operations conducted under
parts 121 and 135 (Domestic, Flag, and Supplemental in part 121 and
Commuter and On-demand in part 135). The FAA proposes to move the
affected commuters to part 121 by changing the definitions for
``Commuter operations,'' ``Domestic operations,'' and ``Flag
operations.''
The most important change to the proposed definitions of ``domestic
operations'' and ``flag operations'' is that instead of applying to
airplanes with more than 30 passenger seats, the definitions would
apply to airplanes with more than 9 passenger seats. However, scheduled
passenger-carrying operations conducted with turbojet-
[[Page 16242]] powered airplanes are defined as ``domestic
operations,'' or ``flag operations,'' regardless of the number of
passenger seats. Minor changes are also made in the part of the
definitions that specifically identify which operations are considered
``domestic'' and ``flag.'' ``Domestic operations'' generally mean
operations are conducted between points within the 48 contiguous states
and the District of Columbia, or between any two points within any
state, territory or possession of the U.S. ``Flag operations''
generally mean operations conducted between any point within Alaska or
Hawaii, or any territory or possession of the U.S., and any point
outside the U.S., Alaska, Hawaii, or possession of the U.S.--and, any
point outside Alaska, Hawaii, or any territory or possession of the
U.S. Flag operations also include operations conducted between any
point within the 48 contiguous states or the District of Columbia and
any points outside the contiguous states or the District of Columbia.
The definition of ``commuter operation'' would be changed so that
smaller airplanes used in scheduled passenger operations would be
considered commuter--those conducted with airplanes that have 9 or less
passenger seats, except for turbojet-powered airplanes, as explained
above, and those that are conducted with rotorcraft, regardless of the
size.
A change to the definition of ``scheduled operation'' may have an
effect on certain operations that are not currently considered
``commuter operations.'' Under SFAR 38-2 and as previously proposed in
part 119, the only operations that are considered commuter are those
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 published
flight schedules. Scheduled operations with a lesser frequency are
conducted under the on-demand rules. In this NPRM, the FAA proposes to
eliminate the frequency test so that an operation with as few as one
scheduled flight per week would have to be conducted under either the
commuter rules of part 135 (for airplanes configured with 9 or fewer
passenger seats) or the domestic or flag rules of part 121 (for
airplanes configured with more than 9 passenger seats). This change is
being proposed so that all scheduled passenger operators would be
required to follow the applicable rules, i.e., domestic, flag, or
commuter. The FAA is not aware of any operations that would be affected
by eliminating the frequency test and specifically requests comments on
the impact of this proposed change.
The definitions of ``on-demand operation'' and ``supplemental
operation'' have been rewritten to make it clearer which operations
fall into these categories. They have not changed significantly from
current rules or from the NPRM, except for one important difference.
This NPRM does not change the basic dividing line between on-demand and
supplemental operations (more than a 30-passenger-seat configuration or
more than 7,500 pound payload capacity is a supplemental operation),
except that if a specific airplane with a passenger-seating
configuration of 10 to 30 seats is used in domestic or flag operations
as a result of this rule, any nonscheduled operation conducted with
that airplane must be conducted under the part 121 supplemental rules,
instead of under the on-demand rules of part 135. This is necessary
because an airplane must be listed in a certificate holder's operations
specifications as either a part 121 or a part 135 airplane; it cannot
be switched back and forth between parts without a major investment of
time and resources by both the operator and the FAA. Switching between
parts entails many things, including airplane conformity checks,
equipment checks, and record checks.
Section 119.21 contains the regulatory roadmap that requires
domestic, flag, and supplemental operations to be conducted under part
121 and commuter and on-demand operations to be conducted under part
135. (See also Table 2 for a visual aid to the operating rules that
apply to different kinds of operations.) This section has been
reorganized and rewritten to make it easier to follow. It contains a
provision that allows commuter operations to be conducted under
domestic or flag rules, if the certificate holder obtains authorization
from the Administrator. Likewise, part 135 on-demand operations may be
conducted under the supplemental rules of part 121, if the certificate
holder obtains authorization from the Administrator.
Section 119.49, Contents of Operations Specifications, specifies
all of the items that are listed in each certificate holder's
operations specifications. Although no substantive changes are being
proposed for this section, affected commuters should carefully review
this section because they would need to obtain revised operations
specifications that allow them to conduct operations under part 121.
Generally, affected commuters who conduct domestic operations would
need to obtain operations specifications for domestic operations, while
affected commuters who operate internationally would need to obtain
operations specifications for flag operations. The items included in
operations specifications for commuter operations are the same as for
domestic and flag operations except that, under Sec. 119.49(a)(4),
domestic and flag operations must also list provisional and refueling
airports. Affected commuters would need to identify these airports for
their operations.
Table 2.--Operating Rules That Apply for Different Kinds of Operations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121
Size/weight of Part 121 domestic Part 121 flag supplemental (Not Part 135 commuter Part 135 on-demand Part 125 (Not
aircraft (Scheduled) (Scheduled) scheduled) (Scheduled) (Not scheduled) scheduled)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Airplanes (Common
Carriage):
9 No\1\............... No\1\............... No\2\............... Yes\1\.............. Yes\2\.............. No
seats and 7500 lbs.
10-30 seats and Yes................. Yes................. No\2\............... No.................. Yes\2\.............. No
7500
lbs.
>30 seats or Yes................. Yes................. Yes................. No.................. No.................. No
>7500 lbs.
Airplanes (When
common carriage is
not involved):
<20 seats="" or="" no..................="" no..................="" no..................="" no..................="" yes.................="" no=""><6000 lbs.="">20 No.................. No.................. No.................. No.................. No.................. Yes
seats or 6000 lbs.
[[Page 16243]]
Rotorcraft:
Common carriage No.................. No.................. No.................. Yes................. Yes................. No
and when common
carriage is not
involved.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Turbojet-powered airplanes used in scheduled passenger-carrying operations must comply with part 121 regardless of passenger seating or payload
capacity.
\2\If turbojet-powered airplanes and other airplanes with 10-30 seat configurations are used for part 121 Domestic or Flag operations, non-scheduled or
charter operations with that airplane shall be conducted under part 121 supplemental rules.
Also, current FAA policy and guidance require a 121 operator to
have detailed operations specifications for intended VFR operations.
Part 135 is more liberal in the conduct of VFR operations allowed. FAA
believes that a higher level of safety is gained by conducting
operations under instrument flight rules (IFR). Therefore IFR
operations are seen as the standard; VFR operations, although still
allowed, would be an exception approved only through operations
specifications.
Before the FAA approves an affected commuter for domestic or flag
operations and issues the new operations specifications, an FAA
inspector would need to review all of the certificate holder's
operations and procedures to ensure that the certificate holder has
made the changes necessary in its operations to comply with part 121
rules. The FAA inspector would review and approve such items as the
dispatch system, revised manuals, procedures for complying with part
121 flight time and rest requirements, completion of airplane proving
flights, etc. The FAA will provide guidance to the affected commuters
so that they can prepare for this approval process.
Requirements for the types and qualifications of management
personnel for parts 121 and 135 operations are consolidated in proposed
part 119. Sections 119.65 and 119.69 contain the types of management
positions required for part 121 and part 135 operations, respectively.
Sections 119.67 and 119.71 specify the qualifications for individuals
in those positions. Section 119.65 proposes that part 121 operations
have a Director of Safety, a Director of Operations, a Chief Pilot, a
Director of Maintenance, and a Chief Inspector. Section 119.69 proposes
that part 135 operations have only a Director of Operations, a Chief
Pilot, and a Director of Maintenance. However, Sec. 119.65(b) contains
a provision that the Administrator may approve positions or numbers of
positions other than those listed above for a particular operation if
the certificate holder can show that safety can be maintained with
fewer or different categories of management personnel.
The FAA is proposing in Sec. 119.65 that each certificate holder
that conducts operations under part 121 must have a Director of Safety.
This person would be responsible for keeping the highest management
officials of the certificate holder fully informed about the safety
status of the certificate holder's entire operation. In its recent
survey of 21 commuter airlines, the NTSB found that the person most
likely approached by pilots with safety concerns was the Chief Pilot or
the Director of Operations, the persons also responsible for the day-
to-day management of line operations. The FAA agrees with the NTSB
that, although other management personnel should be informed and aware
of safety concerns, a safety officer can be most effective when
functioning independently of those with responsibility for day-to-day
operations. For this reason, ideally the Director of Safety should not
also be assigned to any of the other required management positions in
Sec. 119.65 (Director of Operations, Chief Pilot, Director of
Maintenance, Chief Inspector), nor should the Director of Safety report
to any of those positions, but should instead report to only the
highest management levels at the airline. However, the FAA realizes
that this could create a problem for smaller operators with fewer
management level positions. The FAA invites comments on how to
structure an independent safety function in airlines of different sizes
and is particularly interested in responses to questions such as:
Should the rules require that the Director of Safety be a separate
position, totally independent of other management positions? What would
be the burden of such a requirement? If, following a review of the
comments received, the FAA decides to adopt a mandatory separation of
function, the final rule will specifically require this.
The qualification requirements for management positions are similar
for parts 121 and 135 operations, except that the qualifications for
Director of Operations and Director of Maintenance are more stringent
for part 121 than for part 135. Under Sec. 119.67(a), a Director of
Operations for a part 121 operation must have both 3 years supervisory
or managerial experience within the last 6 years and 3 years experience
as a pilot in command (PIC) of a large airplane. If the person is
becoming the Director of Operations for the first time, the three years
as a PIC must have been within the last 6 years. Under Sec. 119.71(a),
a Director of Operations for a part 135 operation must have either 3
years supervisory or managerial experience within the last 6 years or 3
years experience as a PIC. Again, if the person is becoming Director of
Operations for the first time, the three years of PIC experience must
have been within the last 6 years. Under Sec. 119.67(c), a Director of
Maintenance for a part 121 operation must have 5 years experience
within the past 5 years in one or a combination of maintaining the same
category and class of airplane as the certificate holder uses or
repairing airplane in the same category and class of airplane as the
certificate holder uses in a certificated airframe repair station.
In addition the person must have 1 year of supervisory experience
in maintaining the same category and class of airplane as the
certificate holder uses. Under Sec. 119.71(e), a Director of
Maintenance for a part 135 operation must have either 3 years
experience within the past 3 years maintaining the same category and
class of aircraft as the certificate holder uses or 3 years experience
within the past 3 years repairing aircraft in the same category and
class of aircraft as the certificate holder uses in a certificated
airframe repair station, including 1 year in the capacity of approving
aircraft for return to service. Under Sec. 119.67(e) affected commuters
who currently employ persons as Director of Operations, Director of
Maintenance, or Chief Pilot who do not meet the airman, managerial, or
supervisory experience [[Page 16244]] requirements in proposed
Sec. 119.67 may request the Manager of the Flight Standards Division in
the region of the certificate-holding district office to authorize the
continued employment of those individuals. The certificate holder must
be able to show that those individuals have comparable aeronautical
experience that qualifies them to serve as Director of Operations,
Director of Maintenance, or Chief Pilot for a part 121 operation.
Proposed Sec. 119.67(e) does not allow for a waiver of the airman
certification requirements by the Managers of the Flight Standards
Division for those management positions.
VI.B. Part 121 Discussion
The FAA has evaluated each requirement in part 121 to determine
what effect compliance would have on affected operators. The following
discussion describes (1) any proposed revisions to part 121 that would
be necessary so that affected operators can comply with the
requirement; and (2) any requirements that would be new or different
for affected operators and that would impose a burden on the affected
operators. If the FAA has determined that current part 121 and 135
requirements are identical or similar or that the change in compliance
would not impose a burden, the requirements are not for the most part
discussed.
Since all of part 121 would apply to affected operators unless
otherwise stated in the proposed rule, each affected operator and
individual should evaluate all of part 121, not only the proposed
revisions, to determine how the proposed rule would affect them. The
FAA invites comments on any effects of this proposed rule whether or
not the requirements have been specifically addressed in this notice.
Discussion of subpart A revisions appears in the part 119 portion
of the preamble. Subparts B-D would be reserved since the current
substance of these subparts would be subsumed under part 119.
VI.B.1. Subpart E--Approval of Routes: Domestic and Flag Air Carriers
Section 121.97 requires all domestic and flag operators to show
that each route it submits for approval has enough airports that are
properly equipped and adequate for the proposed operation. They must
also have an approved system to disseminate this information to
appropriate personnel. Part 135 has similar requirements, but part 121
does require additional information. The FAA believes this would not
have a significant impact on operators affected by this rule change.
Section 121.99 requires all domestic and flag operators to have a
two-way air/ground communications system between each airplane and the
appropriate air traffic control facility, along the entire route. In
the 48 contiguous States and the District of Columbia, the
communications system between each airplane and the dispatch center
must be independent of any system operated by the United States. This
would be a new requirement for the affected operators.
Section 121.101 requires each domestic and flag operator to show
that enough weather reporting facilities are available along each route
to ensure weather reports and forecasts necessary for the operation.
For operations within the 48 contiguous States and the District of
Columbia, these reports must be prepared by the National Weather
Service. For other areas, a system must be approved by the
Administrator. Section 135.213 has similar requirements, except the
pilot in command is allowed to use various other sources, including his
own weather assessment, for VFR operations. This section also requires
reports of adverse weather phenomena. The FAA proposes that affected
operators comply with part 121.
Section 121.107 requires each domestic and flag operator to have
enough dispatch centers, adequate for the intended operation. This
would be a new requirement for affected operators.
See the Dispatch System discussion in the ``Major Issues'' section
of this NPRM for further discussion of this subpart.
VI.B.2. Subpart F--Approval of Areas and Routes for Supplemental Air
Carriers and Commercial Operators
This subpart is similar to subpart E, except it applies to
supplemental operations, and discusses flight following requirements.
This subpart would apply in cases where an affected operator uses an
airplane that is also used in domestic operations to conduct a
nonscheduled operation, as discussed above in Section VI.A.--Part 119
Summary.
See the Dispatch System and Flight Following System discussion in
the ``Major Issues'' section of this NPRM for further discussion of
this subpart.
VI.B.3. Subpart G--Manual Requirements
Manual requirements: Contents and personnel: Under subpart G of
part 121 certificate holders are required to prepare and keep current a
manual containing policies, procedures, applicable regulations, and
other information necessary to allow crewmembers and ground personnel
to conduct the operations properly (see Sec. 121.133 and Sec. 121.135).
While the requirements of parts 121 and 135 are similar, part 121
manual requirements contain a more extensive list of manual contents
(Sec. 121.135). Under part 121 the manual or appropriate parts must
also be furnished to more personnel, such as aircraft dispatchers,
flight attendants, and made available to others, such as station
agents. The effect of these differences between compliance with part
121 versus compliance with part 135 would be significant for commuter
operators. The proposal would require developing, producing, and
distributing new manuals appropriate to part 121. In addition,
Sec. 121.137 requires the air carrier to issue a manual or appropriate
parts to each crewmember and requires each crewmember to keep the
manual up to date and have it with him or her when performing assigned
duties. Part 135 does not require that flight attendants be issued a
manual; however, it does require that persons to whom a manual is
issued must keep it up-to-date (see Sec. 135.21). The FAA believes that
each crewmember should have his or her own manual containing up-to-date
information and regulations pertinent to the crewmembers assigned
duties. For flight attendants the manual would contain information
about inflight medical emergencies, airplane evacuations, water
landings, and other emergencies.
Airplane flight manual. Section 121.141 requires each certificate
holder to keep a current approved airplane flight manual for each type
of transport category airplane that it operates and to carry in each
transport category airplane either the current flight manual or the
manual required by Sec. 121.133 if that manual contains the flight
manual information. Part 135 does not have a comparable requirement;
however, part 135 operators currently must comply with Sec. 91.9, which
requires an approved airplane flight manual on board the airplane if
that manual has been developed. All operators affected by this proposal
would already have an approved airplane flight manual. The requirement
under part 121 is more permissive, allowing appropriate parts of the
certificate holder's manual to be developed and carried instead of the
flight manual and allowing some modifications of flight manual
information if they are approved by the Administrator. This action
proposes to include airplanes used by affected commuters under the
manual requirements of Sec. 121.141 and the
[[Page 16245]] applicability statement of the current rule would be
revised accordingly.
VI.B.4. Subpart H--Airplane Requirements
Subpart H of part 121 contains airplane requirements that apply to
all certificate holders operating under part 121. Section 121.153
contains general requirements (e.g., airplanes must be in an airworthy
condition) that would add no additional burden to airplanes presently
operated under part 135.
Section 121.157 contains type certification requirements for
various types of airplanes operated under part 121. Paragraph (a) of
Sec. 121.157 contains requirements that apply to airplanes type
certificated before July 1, 1942. While it is unlikely that any
airplanes of this vintage are presently operating under part 135
(except possibly an occasional DC-3) these requirements would be
appropriate to such operations and therefore would not be changed.
Paragraph (b) of Sec. 121.157 states that except for C-46 type
airplanes covered in paragraphs (c) and (d), no airplane type
certificated after June 30, 1942 may be operated under part 121
``unless it is certificated as a transport category airplane'' and
meets applicable airplane performance operating limitations as
specified in paragraphs (a), (b), (d), and (e) of Sec. 121.173. Since
most of the 10-to-19 passenger airplanes that would be affected by this
proposal were type certificated in the commuter category (or one of the
predecessors of the commuter category) a new exception to paragraph (b)
is proposed as a new paragraph (e).
Paragraphs (c) and (d) of Sec. 121.157 apply to C-46 type airplanes
and would not have any impact on this rulemaking since no C-46 type
airplanes are presently operating under part 135.
Current paragraph (e) of Sec. 121.157 would be deleted because
helicopters are no longer operated under part 121.
Proposed new paragraph (e) would allow nontransport category
airplanes type certificated after December 31, 1964, to be operated
under part 121 if they were type certificated in the commuter category
or fall into one of the categories listed below (referred to as
``commuter category predecessors'') and meet the additional
airworthiness requirements of subpart I as made applicable by the
proposed amendments to that subpart:
1. Airplanes type certificated before July 1, 1970, in the normal
category that meet special conditions issued by the Administrator for
airplanes intended for use in operations under part 135.
2. Airplanes type certificated before July 19, 1970, in the normal
category that meet the additional airworthiness standards in Special
Federal Aviation Regulation No. 23.
3. Airplanes type certificated in the normal category that meet
additional airworthiness standards in appendix A of part 135.
4. Airplanes type certificated in the normal category and that
comply with either section 1.(a) or section 1.(b) of Special Federal
Aviation Regulation No. 41.
Proposed new paragraph (f) would require that to be operated under
part 121 newly type certificated airplanes (i.e., those for which an
application is submitted after the publication of this NPRM) must be
type certificated under part 25. For newly type certificated airplanes
this change would, in effect, reinstate the requirement that airplanes
operated under part 121 must be transport category airplanes.
Notwithstanding this proposal, the FAA recognizes that some present
requirements of part 25 may not be appropriate for all propeller-
driven, multiengine airplanes with less than 20 passenger seats
(present airplanes used by affected commuters). Therefore the FAA, as
previously discussed, has undertaken a comparative review of parts 23
and 25 and will in the near future propose changes to part 25 as
appropriate to accommodate these airplanes which would previously have
been type certificated in the commuter category under part 23.
Single-engine airplanes. Section 121.159 prohibits operation of
single-engine airplanes under part 121. No change to this prohibition
is proposed in this rulemaking since the FAA does not consider single-
engine airplanes acceptable to part 121 standards. For example, a
single-engine airplane could not meet part 121 requirements, such as
the one-engine-inoperative requirements of Sec. 121.191. This section
is amended to delete an obsolete reference to Sec. 121.9.
Airplane limitations: Type of route. Section 121.161 requires that
a two-engine or three-engine airplane must be within 1 hour flying time
from an adequate airport at normal cruising speed with one engine
inoperative. While part 135 does not contain a comparable requirement,
the FAA believes that this requirement can be met by present part 135
operators with the possible exception of some Alaskan operations. Since
Sec. 121.161 contains authority for deviations if approved by the FAA
(AC 120-42 contains acceptable criteria), this requirement should not
impose any undue burden.
This section also requires (with some exceptions for older
airplanes) part 25 ditching certification for extended overwater
operations, which the FAA believes should be applied to the operations
that would be moved from part 135 to part 121 by this proposal.
Therefore, no changes are proposed to this requirement.
The FAA invites specific comments on the potential impact of these
proposals on operations in Alaska.
Proving tests. Section 121.163 provides proving test requirements
for Part 121. Section 135.145 requires 25 hours of proving tests for
certificate holders that operate turbojet airplanes or airplanes for
which two pilots are required by this chapter for operations under VFR
if that airplane or an airplane of the same make and similar design has
not been previously proved in any operations under part 135. Like
Sec. 135.145, Sec. 121.163 requires proving tests for materially
altered airplanes. However, in contrast, under Sec. 121.163, proving
tests apply to each airplane to be operated under part 121; it also
describes three types of proving tests. Under Sec. 121.163 and
Sec. 135.145, additional proving tests are required after the aircraft
type certification tests. In other words, the initial operator of a
type of airplane must conduct at least 100 hours of proving tests
acceptable to the FAA, which can be reduced in appropriate
circumstances. Moreover, for each kind of operation (e.g., domestic,
flag, supplemental) that an operator conducts, 50 hours of proving
tests are required, which are also reducible in appropriate
circumstances.
For existing airplanes, in each case the FAA would assess whether
to reduce proving test hours required by Sec. 121.163(b) for the target
operators that would be subject to Sec. 121.163 if this proposal is
adopted. Factors that might be considered in any request for reduction
in proving test hours include the operator's experience and performance
in part 135 operations.
VI.B.5. Subpart I--Airplane Performance Operating Limitations
Subpart I contains airplane performance operating limitations that
apply to all part 121 certificate holders; however, not every section
in subpart I applies to every certificate holder. For example,
Secs. 121.175 through 121.187 apply to reciprocating engine-powered
transport category airplanes, and Secs. 121.189 through 121.197 apply
to turbine-powered-engine transport category airplanes (with an
exception for certain reciprocating-powered airplanes that have been
converted to turbo-propeller-powered). Sections 121.199 through 121.205
apply to nontransport category airplanes. [[Page 16246]]
Sections 135.361 through 135.395 are virtually identical to
Secs. 121.171 through 121.205; the main differences reflect the absence
of a dispatch system in part 135 operations. Section 135.363 makes
clear that the term ``large nontransport category airplane'' as used in
the subpart means an airplane type certificated before July 1, 1942.
This language does not appear in part 121 because it is understood from
the context in part 121 that the term ``nontransport category
airplane'' is referring to older airplanes that were type certificated
before the transport category was established. This clarification was
needed in part 135 because of the existence of commuter category
airplanes, most of which fit the definition of ``large'' and are also
``nontransport category'' airplanes. Part 135 addresses performance
operating limitations for commuter category airplanes in Sec. 135.398
by referencing Secs. 135.385 and 135.387, which parallel Secs. 121.195
and 121.197. The FAA believes that airplanes type certificated in the
commuter category (or its predecessors) that would be operated under
part 121 under this proposal should be required to meet, and are
capable of meeting, the same performance operating limitations that now
apply only to airplanes type certificated in the transport category.
Therefore, the FAA proposes to delete the term ``transport category''
throughout subpart I and to include language where appropriate to
except airplanes type certificated before January 1, 1965, that were
not certificated in the transport category. This proposal would have
the effect of requiring airplanes type certificated in the commuter
category or a commuter category predecessor to be operated under the
performance operating limitations of Secs. 121.175 through 121.197, as
applicable.
VI.B.6. Subpart J--Special Airworthiness Requirements
Subpart J contains special airworthiness requirements that, as
stated in the applicability section (Sec. 121.211), apply to all
certificate holders. While this is semantically accurate, it is
confusing because the airplane description in Sec. 121.213 in fact
describes pre-1942 nontransport category and pre-October 1946 transport
category airplanes thereby limiting the applicability of Secs. 121.215
through 121.283 to those airplanes. Sections 121.285 through 121.291
apply across-the-board to present part 121 operations.
To clarify the applicability of this subpart, the FAA proposes to
expand Sec. 121.211 to include the substance of Sec. 121.213. As
proposed, Sec. 121.211 would break the special airworthiness
requirements into three categories: (1) Those that apply to certain
older type certificated airplanes (Secs. 121.215 through 121.283); (2)
those that apply to all airplanes operating under part 121
(Secs. 121.285 through 121.291); and (3) those that would apply to
airplanes presently operating under part 135 (proposed new
Sec. 121.293).
Cargo carried in the passenger compartment. Section 121.285
requires that cargo carried in passenger compartments must be stowed in
a fully enclosed bin or carried aft of a bulkhead or divider and
properly restrained. Section 135.87 allows operators to carry cargo in
an approved cargo compartment instead of a fully enclosed bin and to
carry restrained cargo anywhere in the passenger compartment if it is
restrained by a net that meets the requirements of Sec. 23.787(e). The
FAA considers that it is not practical to require airplanes now
operating safely under part 135 to install fully enclosed cargo bins or
to be otherwise as limited as required by Sec. 121.285. Therefore, FAA
proposes to amend Sec. 121.285 to add an exception for commuter
category (and predecessor) airplanes that would have the effect of
allowing cargo to be carried in the passenger compartment as it is
today.
Landing gear aural warning device. Section 121.289 contains a
requirement for a landing gear aural warning device for large
airplanes. Thus, at present this section applies to any airplane with a
maximum certificated takeoff weight of more than 12,500 pounds.
Appendix A of part 135 requires a landing gear warning device for
airplanes having retractable landing gear and wing flaps, but the
device need not be aural. The FAA considers that the cost of replacing
a warning light with a warning sound would be minimal. Therefore, this
section would apply to any airplane that presently operates under part
135 and that would be required by this proposal to operate under part
121. To allow adequate time for airplanes without aural warning devices
to be retrofitted, the FAA proposes a compliance date of 2 years after
the publication date of the final rule.
Emergency evacuation and ditching demonstrations. Section 121.291
contains requirements for conducting demonstrations of airplane
evacuation and ditching procedures. The FAA requires these
demonstrations upon introduction of a new type and model of airplane
into passenger-carrying operations. For airplanes with a seating
capacity of more than 44 passengers, an actual evacuation demonstration
must show that the full capacity of the airplane and the crewmembers
can be evacuated within 90 seconds. Also, for airplanes with more than
44 passenger seats a partial demonstration is required, as specified in
Sec. 121.291(c). Demonstrations are not required for airplanes with
fewer than 44 passenger seats.
Under Sec. 121.291(d) any certificate holder operating or proposing
to operate one or more landplanes of any size in extended overwater
operations must conduct a simulated ditching in accordance with
Appendix D to part 121. The purpose of the ditching demonstration is to
show that the certificate holder's training and procedures for a new
type and model of airplane are satisfactory. The simulated ditching
does not specifically require the use of flight attendants; the FAA
proposes to apply this rule to any affected commuter operator who
conducts extended overwater operations, whether or not flight
attendants are used in the operation.
The FAA intends to apply this provision to the affected commuter
operators only when a new type and model of airplane is introduced
after the effective date of the final rule. If a certificate holder has
been using an airplane in scheduled passenger-carrying operations
before the effective date of the final rule and the FAA has not found
any serious deficiencies with its ditching procedures during the past 5
years during either normal or National Aviation Safety Inspection
Program (NASIP) inspections that have not been satisfactorily
corrected, the FAA may make a determination that the operator's
crewmember emergency training and ditching procedures are adequate.
The FAA proposes to amend Sec. 121.291 to clarify that the partial
demonstration and emergency evacuation procedures apply only to
airplanes with more than 44 passenger seats.
New special airworthiness requirements (retrofit) and requirements
applicable to future manufactured airplanes. In general, airplanes
currently flown under part 121 must be transport category airplanes;
that is, type certificated under part 25 or one of its predecessors
(see Sec. 121.157). The only exceptions are several models of airplanes
that were type certificated before the transport category was
established. For these earlier airplanes, part 121 contains special
requirements established to ensure that transport category standards
would be met to the maximum extent feasible. By requiring that
airplanes previously operated under part 135 meet most part 121
[[Page 16247]] requirements, the FAA would ensure that these airplanes
type certificated in the commuter category or its predecessors, for the
most part, meet part 121 safety standards. However, because these
airplanes were not type certificated in the transport category, the FAA
has reviewed part 25 to determine whether any additional requirements
should be added to part 121 either as a retrofit requirement or a
requirement that applies only to airplanes manufactured after some
future date. There are two such requirements and each is discussed
separately in this section of the preamble.
Ditching emergency exits. Section 25.807(e) contains requirements
for ditching emergency exits in transport category airplanes.
Regardless of whether or not the airplane is certificated for ditching,
it must have exits that are usable while the airplane is afloat, in
case ditching occurs during an overwater climb-out or approach. The
ditching exits for transport category airplanes with 10 or more
passenger seats must meet at least the dimensions of a Type III
passenger emergency exit (20 inches wide by 36 inches high).
Part 23, as recently amended by Amendment 23-46 (59 FR 25772; May
17, 1994), now contains requirements for ditching exits; however, all
of the normal or commuter category airplanes currently in service were
type certificated before that amendment became effective. The FAA
proposes to amend part 121 (proposed new Sec. 121.293(a)) to require
ditching exits for nontransport category airplanes type certificated
after December 31, 1964. Unlike those required for transport category
airplanes, the ditching exits would only have to be as large as those
currently required by Sec. 23.807(b) (19 inch by 26 inch ellipses).
Compliance would be required 2 years after the publication date of the
final rule. This proposed requirement would not entail adding new
exits. The overwing exits of most airplanes type certificated under
part 23 would probably qualify as ditching exits. Part 25 airplanes
intended for non-part 121 transportation sometimes comply by providing
a sheet metal dam that can be installed in the passenger entry doorway.
If it is necessary to consider a floor-level exit as a ditching exit in
a nontransport category airplane, a similar sheet metal dam could be
provided. Therefore, the FAA believes that the cost of this proposal is
minimal.
Takeoff warning system. Section 25.703 requires an aural warning to
the flightcrew at the beginning of the takeoff roll when the wing
flaps, leading edge devices, wing spoilers, speed brakes, and
longitudinal trim devices are not in a position that would allow a safe
takeoff. Part 23 does not require a takeoff warning system; in
addition, part 23 airplanes typically do not have multiple types of
devices. Accidents have occurred on transport category airplanes when
the flightcrews initiated takeoffs when the airplanes were not in the
proper configurations for takeoff. While the FAA is not aware of any
incidents or accidents involving airplanes used by affected commuters,
the FAA believes the cost of this modification on future manufactured
airplanes is moderate. The FAA proposes that airplanes manufactured
after a date 4 years after the publication date of the final rule would
be required to have a takeoff warning system as required by Sec. 25.703
except that a warning would not be required for any device if it is
demonstrated that takeoff with that device in the most adverse position
would not create a hazardous condition (see proposed Sec. 121.293(b)).
VI.B.7. Subpart K--Instrument and Equipment Requirements
Instrument and equipment requirements are contained in part 121,
subpart K and part 135 subpart C. The requirements are in addition to
the airplane and equipment requirements of part 91. The discussion
below emphasizes all new or revised equipment requirements except for
major equipment such as flight data recorders and airborne weather
radar, which are previously discussed in the ``Major Issues'' section
of this notice.
The proposal would require commuter operators to comply with part
121 airplane and equipment requirements except in areas that will be
specifically discussed.
Sections 121.303, 121.305, and 121.307 require certain airplane
instruments and equipment. Most of the airplanes used by affected
commuters already have these instruments and equipment as required
under part 135 (Secs. 135.143 and 135.149). Some of the part 121
equipment is required under part 135 only for IFR or for VFR over-the-
top and VFR night operations. Under this proposal this equipment would
be required for all operations.
Lavatory fire protection. Section 121.308 currently requires
lavatory smoke detection systems, or equivalent, and automatically
discharging fire extinguishers in lavatory receptacles for towels,
paper, or waste for passenger-carrying transport category airplanes.
Although mitigated somewhat by the typically shorter flight stage
lengths, a passenger's temptation to smoke illicitly in a lavatory
(when there is one), exists in nontransport category airplanes used in
air carrier service as well as in transport category airplanes. This is
particularly true today, since smoking has been banned on most domestic
airline flights. Furthermore, the consequences of illicit smoking could
be equally catastrophic regardless of how the airplane was type
certificated. Therefore, the FAA proposes to apply the requirements of
Sec. 121.308 to airplanes formerly operated under part 135 that are
equipped with lavatories. Section 121.308 would be amended to delete
the references to transport category. The FAA proposes that the
required equipment be installed within 2 years after the publication
date of the final rule.
Emergency equipment. Section 121.309(b) requires that each item of
emergency and flotation equipment must be inspected regularly in
accordance with inspection periods established in the operations
specifications to ensure its condition for continued serviceability and
immediate readiness to perform its intended emergency purposes. Section
135.177(b) contains a similar requirement for part 135 operators of
airplanes with more than 19 seats. The FAA proposes requiring affected
commuter operations, including those with airplanes of 10 to 19 seats,
to comply with the existing part 121 requirement. Other provisions in
this proposal would require additional emergency equipment to be
installed by the new part 121 operators. This requirement would mandate
only that the equipment be inspected in accordance with the established
periods.
Hand-held fire extinguishers. Sections 121.309(c) and 135.155
contain the requirements for hand-held fire extinguishers aboard
airplanes. The requirements are basically the same, except that part
121 requires that at least two of the required hand fire extinguishers
must contain Halon, or equivalent. Part 135 does not require any Halon
fire extinguishers. Part 121 requires a hand-held fire extinguisher to
be conveniently located for use in each galley located in a compartment
other than a passenger, cargo, or crew compartment. Part 121 also
requires that at least one hand fire extinguisher be conveniently
located and easily accessible for use in the galley when the galley is
in a passenger compartment. The FAA proposes that the affected
commuters comply with the part 121 requirements for fire extinguishers.
The FAA proposes to amend Sec. 121.309(c)(7) to require that at least
one of the fire extinguishers in the passenger compartment must be a
Halon fire [[Page 16248]] extinguisher or equivalent. The FAA has in
prior rulemakings addressed the need to allow Halon equivalents because
the availability of Halon may be limited in the future (see, for
example, 56 FR 15452, April 16, 1991).
First aid kits and medical kits. Section 121.309(d) requires that
both approved first aid kits and approved emergency medical kits be
carried on board passenger-carrying airplanes. The medical kits are
intended to be used only by medically qualified persons, such as
doctors, who may be on board the airplane. Section 135.177(a)(1)
requires first aid kits to be carried on board airplanes with more than
19 passengers.
The FAA believes that, regardless of the size of the airplane,
flight attendant requirement, or other factors, inflight emergencies
could occur and a first aid kit may be needed. In the absence of a
flight attendant, a flight crewmember or a passenger could use the
first aid kit. Therefore the FAA proposes that first aid kits be
required for all airplanes with more than 9 passenger seats operating
under part 121.
The medical kit contains medical supplies such as certain drugs,
syringes, and needles. Although medical kits may be used only by
medically qualified personnel, flight attendants are required to be
familiar with the medical kit and its contents. Since a flight
attendant can monitor the security and use of the medical kit, medical
kits should be required only on airplanes that are required to have a
flight attendant. Additionally, if the FAA were to require a medical
kit on 10-19 seat airplanes, that would mean that a pilot could be
required to leave the flight deck to administer the use of the kit.
Moreover, security and location of the kit pose additional problems for
requiring a medical kit on an airplane where there is no flight
attendant. Therefore, the FAA proposes to amend Sec. 121.309(d) to
require medical kits only for airplanes that are required to have a
flight attendant. However, following review of the comments received,
if the FAA decides to require a medical kit onboard 10-19 seat
airplanes, the final rule will specifically require the medical kit for
such airplanes.
Affected commuters should be aware of a recent rule requiring
disposable latex gloves for both first aid kits and medical kits. The
changes to part 121 in that rulemaking would apply also to commuters
affected by this NPRM. (See 59 FR 52640; October 18, 1994, and 59 FR
62276; December 2, 1994.)
Crash ax. Section 121.309(e) requires that each airplane be
equipped with a crash ax, while Sec. 135.177 requires a crash ax only
for airplanes with a passenger seating configuration of more than 19
passengers. Crash axes are intended to be used by crewmembers to escape
from the flight deck in the event of an accident. In airplanes that do
not have a separate flight deck and lockable door, crash axes normally
would not be needed by the flight crewmembers to escape from the flight
deck. The FAA therefore proposes in Sec. 121.309 to retain the present
requirement for crash axes only in airplanes that have a separate
flight deck and lockable door.
Emergency evacuation lighting and marking requirements. Section
121.310(c), by referencing Sec. 25.812(e), requires emergency
evacuation lighting for passengers when all sources of illumination
more than 4 feet above the cabin aisle are totally obscured. This
requirement, which was adopted to enable passengers to find the
emergency exits when the cabin is filled with dense smoke, applies to
all transport category airplanes regardless of how many passenger seats
they have. There is no corresponding requirement in part 23 or in part
135 for airplanes having a passenger-seating configuration of less than
20 seats. The FAA believes that applying this requirement to propeller-
driven airplanes with 10 to 19 passenger seats is consistent with the
present requirements for transport category turbojet-powered airplanes
with similar seating capacities because the need to ensure conspicuous
lighting of the exit is the same for nontransport category airplanes as
for transport category.
Section 121.310(d) for emergency light operation requires that each
light required by paragraphs (c) and (h) must be operable manually and
must operate automatically from the independent lighting system. These
requirements would apply to affected commuters. In
Sec. 121.310(d)(2)(i) each light must be operable manually both from
the flightcrew station and from a point in the passenger compartment
that is readily accessible to a normal flight attendant seat. Under the
proposed rule this requirement would be modified for affected commuter
operations that would not be required to have a flight attendant.
Section 121.310(e) requires that an exit operating handle may not
be used if its brightness decreases below a specified level. Section
135.178(e) contains an identical requirement for airplanes having a
passenger seating configuration of more than 19 seats. Under this
proposal the requirement would also apply to airplanes with a passenger
configuration of 10-19 seats. Compliance with this requirement can be
demonstrated by assuring that the exit operating handle is well
illuminated by the emergency lighting system or by using a self-
illumination system.
Section 121.310(f) contains standards for access to various exit
types that, by virtue of Sec. 121.157, presently apply only to
transport category airplanes. Section 135.178(f) is identical for
airplanes having a passenger configuration of more than 19 seats. The
FAA considers that because of the sizes and configurations (that is, 10
to 19 passenger-seat configurations) of the airplanes and because of
the type certification requirements of part 23 applicable to these
exits, it is not necessary to apply these requirements to the
nontransport category airplanes operating under part 135 that would be
affected by this rulemaking. Therefore, the FAA proposes to amend
Sec. 121.310(f) to exclude commuter category (or predecessor)
airplanes.
Section 121.310(g) (and its parallel requirement in Sec. 135.178(g)
for more than 19 passenger seat airplanes) require emergency exits to
be marked on the outside by a 2-inch band contrasting in color with the
surrounding fuselage. This requirement was adopted to enable ground
rescue personnel to locate the exits more rapidly in an emergency
condition. Most airplanes with a passenger-seating configuration of
less than 20 seats operating under part 135 already meet this
requirement and, for those that do not, compliance would merely require
painting the bands around each exit. By proposing to require compliance
with this requirement, the FAA would standardize the presentation of
exit markings for the benefit of ground rescue personnel at minimum
cost. Compliance would be required within 1 year after the publication
date of a final rule.
Section 121.310(h) requires airplanes for which the application for
type certification was made before May 1, 1972, to meet the exterior
emergency lighting standards of Sec. 25.812, in effect on April 30,
1972, or any later standards in effect if the application for type
certification was made later. The lighting is provided for two
purposes. One is to preclude passengers from hesitating as they leave
the airplane because they cannot see what they are stepping into. The
other is to preclude injuries when the airplane has come to rest on
uneven, rocky, or wooded terrain. The need for such lighting is not
related in any way to the size of the airplane. The FAA proposes to
require non-transport category airplanes type certificated after
December 31, 1964 (i.e., part 23 normal and utility category)
[[Page 16249]] to comply with Sec. 25.812 in effect April 30, 1972,
within 2 years after the publication date of a final rule.
The FAA proposes that airplanes with a passenger seating
configuration of less than 20 seats previously operated under part 135
be required to comply with the above described emergency lighting
systems (that is, emergency exit signs, interior lighting, exit
handles, and exterior lighting) and, except for the marking requirement
discussed above, proposes a compliance date 2 years after the
publication date of a final rule. Because of the potentially high cost
of this proposed retrofit requirement, the FAA invites comments on the
feasibility of meeting these part 121 emergency lighting requirements
and of alternative means of achieving an acceptable level of safety.
Seatbacks. Section 121.311 prohibits a certificate holder from
taking off or landing unless passenger seats are in the upright
position. Section 135.117 requires only that passengers be briefed that
seats should be in the upright position. The FAA proposes that affected
commuters be required to comply with Sec. 121.311.
Seat belt and shoulder harnesses on the flight deck. Section
121.311(f) requires a combined seat belt and shoulder harness, with a
single-point release that meets the requirements of Sec. 25.785. Part
135 does not contain a requirement for a single-point release system
although the FAA believes that virtually all commuter category
airplanes being manufactured today have such a system. To ensure that
this is the case for newly manufactured airplanes the FAA proposes to
require that airplanes manufactured after 1 year after publication of
final rule meet the requirements of Sec. 121.311(f).
Interior materials and passenger seat cushion flammability. Section
25.853(b) was amended in 1984 to require seat cushions to meet greatly
enhanced flammability standards. At the same time, Secs. 121.312(b) and
135.169(a) (but not for commuter category airplanes) were amended to
require airplanes already in service to meet the improved seat cushion
flammability standards after November 1987. In the 7 years that have
passed since that date, the improved cushions are credited with saving
a number of passengers' lives.
The seat cushion flammability standards apply to all transport
category airplanes regardless of the passenger capacity. In the case of
an inflight cabin fire the probability that a fire would occur in a
commuter or normal category airplanes is exactly the same as in a
transport airplane. Once a fire occurs, occupants are presented with
exactly the same hazards as in a transport category. The need for seat
cushions meeting the same flammability standards, therefore, is exactly
the same. Fires are generally caused by fuel tanks being ruptured
during a crash. The improved seat cushion standards provide
considerable additional protection in a postcrash fire; they also
provide considerable protection for airplanes of all passenger
capacities from inflight fires. Tests have shown that cushions meeting
these standards are much less likely to ignite and sustain a flame than
those that do not meet the standards. Preventing a fire from occurring
is the best possible form of fire protection. If a fire does occur,
compliance with the improved seat cushion flammability standards slows
the spread of the fire through the cabin and provides more time to
bring it under control. Therefore, the FAA proposes to require
nontransport category airplanes type certificated after December 31,
1964, to comply with the same seat cushion flammability standards that
apply to other airplanes operated under part 121. Compliance would be
required by a date 2 years after the publication date of the final rule
or on the first replacement of the cushions, whichever occurs first.
The proposed rule would allow for granting deviations for up to 2
additional years when justified by unique integral-seat cushion
configurations.
In addition to the flammability standards that already existed in
part 25, that part was amended in 1986 to require large surface-area
components (e.g., sidewalls, bulkheads, ceilings, etc.) to pass tests
using the Ohio State University (OSU) radiant rate of heat release test
apparatus. The OSU test requirements for large surface-area materials
were not made applicable to airplanes with a seating capacity of 19 or
less seats. For those airplanes, the flammability standards that
previously existed in part 25 were considered adequate and appropriate.
The costs of retrofitting existing airplanes now would not be
commensurate with the minimal increase in safety that would result.
However, the FAA finds that it is reasonable to propose that
nontransport category airplanes newly manufactured after 4 years after
the publication date of the final rule comply with Sec. 121.312(a) by
meeting the same large-surface area component flammability requirements
currently required for transport category airplanes.
Cockpit and door keys. Section 121.313 requires that there be a
lockable door between the cockpit and the cabin and that there be a key
for each cockpit door that is readily available to each crewmember.
Currently, part 135 does not address this issue. The FAA proposes that
the affected commuters be required to comply with the part 121 rule if
there is a door with a lock or a door that can be retrofitted with a
lock. (Curtains or accordion doors are not considered lockable doors.)
If a lockable door already exists or can be retrofitted, the
certificate holder would be required to provide a cockpit key that is
readily available to each crewmember. The language of Sec. 121.313(f)
would be changed to exclude airplanes that do not have cockpit doors.
Cargo and baggage compartments. Part 25 (as referenced in
Sec. 121.314) contains requirements for cargo or baggage compartment
liners, smoke detection, and fire extinguishment for various classes of
compartments. The compartment classification system, also duplicated in
Sec. 121.221 (which as previously discussed applies only to certain
airplanes type certificated before November 1, 1946), is based on the
compartment's accessibility for fire detection and extinguishment. Part
25 was amended in 1989 to require the liners of Class C and D
compartments to meet more stringent flammability standards. Section
121.314 was also adopted at that time to require the improved liners in
existing transport category airplanes on a retroactive basis.
Part 23 contains no classification system or requirements for
compartment fire protection; however, a proposed rule to add comparable
requirements was issued on July 22, 1994, (59 FR 37620). While the cost
of providing liners, smoke detection, and fire extinguishers in the
cargo or baggage compartments of existing part 23 airplanes would be
prohibitive, the FAA believes that it would be appropriate to require
liners, smoke detection, and fire extinguishment for remote cargo or
baggage compartments in newly manufactured part 23 airplanes.
Therefore, the FAA proposes to require this modification for commuter
category (or its predecessor) airplanes manufactured 4 years or more
after the publication date of the final rule.
There is no service history of specific problems from the absence
of this equipment. Because of the potential high cost of compliance,
the FAA specifically requests comments describing how this safety
objective can be achieved, including alternatives such as requiring
only liners and smoke detection. The FAA needs to obtain specific and
detailed information concerning cost and other problems associated with
this proposal in order to make an informed decision at the final rule
stage of this rulemaking. [[Page 16250]]
Fuel tank access covers. As a result of the 1985 Manchester British
Air Tours accident (in which a piece of metal from the aircraft engine
punctured the fuel tank access panel and created a fire),
Sec. 25.963(e) was amended in 1989 to require that all covers located
in an area where a strike by foreign objects is likely must have as
much resistance to fire or debris penetration as the surrounding
structure. Concurrent with this amendment, Sec. 121.316 was amended to
require airplanes already in service to comply with Sec. 25.963(e) on a
retrofit basis. These requirements pertain to all transport category,
turbine-powered airplanes. Due to their smaller size and turbo-
propeller configuration, part 23 nontransport airplanes generally do
not present the same hazard. Fuel tanks of current designs are located
in the wings well aft of the strike zone of any engine debris. Also,
these part 23 airplanes are likely to have access covers that provide
no less resistance to fire or debris penetration than the surrounding
wing structure. The FAA considers that it would be a waste of resources
to require a demonstration of compliance. Therefore, the FAA does not
propose to require part 23 nontransport airplanes to comply with
Secs. 25.963(e) and 121.316. Since Sec. 121.316 applies only to
``turbine-powered transport category'' airplanes, no rule change is
needed. The FAA points out that transport category airplanes previously
operated under part 135 would have to comply with Sec. 121.316.
Oxygen requirements. Sections 121.327 through 121.335 cover
supplemental oxygen requirements and oxygen equipment requirements. The
requirements are similar to the oxygen requirements in Sec. 135.157
except that for certain airplanes, part 121 requires less oxygen. Each
affected commuter who would have to comply with part 121 oxygen
requirements as a result of this rulemaking should readily be able to
operate its airplanes in accordance with the oxygen requirements
specified in part 121.
Portable oxygen for flight attendants. Section 121.333(d) requires
that each flight attendant shall, during flights above 25,000 feet,
carry portable oxygen equipment with at least a 15-minute supply of
oxygen, unless there are enough portable oxygen units with masks or
spare outlets and masks are distributed through the cabin to ensure
immediate availability of oxygen to each flight attendant, regardless
of his or her location at the time of cabin depressurization. Part 135
does not have a similar requirement for portable oxygen for flight
attendants. The FAA proposes that affected commuters who use flight
attendants in their operations and that operate above 25,000 feet be
required to comply with the part 121 requirement.
Protective breathing equipment (PBE). Section 121.337 contains
requirements for equipping the flight deck and passenger compartments
of transport category airplanes with PBE. Part 135 does not currently
require any type of PBE.
There are two kinds of PBE with two sets of approval criteria. PBE
may be portable or built into the airplane (fixed or sedentary). A PBE
unit consists of an oxygen supply and facial protection, such as a full
face mask, smoke hood, or face mask and goggles. A fixed or portable
PBE is installed in the airplane for use by flight crewmembers while
they are at their stations. Portable PBE that meets applicable criteria
and is approved may be used on the flight deck and/or throughout the
airplane.
Section 121.337(b)(8) requires PBE, either fixed or portable, to be
conveniently located on the flight deck and easily accessible for
immediate use by each flight crewmember. In addition,
Sec. 121.337(b)(9) requires that for combatting fires a portable PBE
must be located on or close to the flight deck with easy access by each
flight crewmember for fighting fires. A portable PBE in the passenger
compartment must be located within 3 feet of each hand fire
extinguisher. Both of these requirements provide that the Administrator
may authorize another location if special circumstances exist that make
compliance impractical and the proposed deviation would provide an
equivalent level of safety.
The proposed rule would require affected commuters to comply with
the PBE requirements of Sec. 121.337. To be in compliance, an airplane
with a passenger-seating configuration of 10 to 19 seats would have to
have at least three PBE: one PBE, fixed or portable, for each flight
crewmember at their station, and an additional portable PBE on the
flight deck for use in fighting fires. An airplane with a passenger-
seating configuration of 20 to 30 seats would have to have at least
four PBE: One PBE, fixed or portable, for each flight crewmember at
their station; an additional portable PBE on the flight deck for
fighting fires; and a portable PBE in the passenger compartment located
within 3 feet of the required hand fire extinguisher.
The applicability of the current rule would be revised to include
other than transport category airplanes. Section 121.337(b)(9)(iv)
would also be revised to except airplanes having a passenger-seating
configuration of fewer than 20 seats and a payload capacity of 7,500
pounds or less from the requirement to have a PBE in the passenger
compartment. The exception is needed because these airplanes are not
required to have a flight attendant; the portable PBE on the flight
deck would be used by a flight crewmember for fighting a fire.
There are major safety benefits to requiring PBE. PBE prevents
injury or death of crewmembers from smoke or harmful gasses and enables
them to continue flying the airplane and assisting passengers. PBE
decreases the likelihood of death or injury to passengers because
crewmembers will not be incapacitated by smoke or harmful gasses and
thus are able to continue to perform their duties. Finally, PBE allows
crewmembers to fight fires without succumbing to smoke inhalation,
thereby decreasing the risk of passenger injury and death. The FAA
proposes to apply the PBE requirement to affected commuters because
fires occur at least as frequently in airplanes used by affected
commuters as they do in the larger airplanes currently operated under
part 121. Fires can have worse effects in smaller airplanes because
there is less room to move passengers away from the source of the fire.
Also, since there is less cabin volume, the smoke may become worse more
quickly.
The FAA proposes to require compliance with Sec. 121.337 by a date
2 years after the publication date of the final rule.
Additional life rafts for extended overwater operations. Sections
121.339 and 135.167 require that airplanes engaged in extended
overwater operations provide enough life rafts of a rated capacity and
buoyancy to accommodate the occupants of the airplane. In addition,
Sec. 121.339 requires excess rafts so that all occupants of the
airplane can be accommodated in the event of the loss of one raft of
the largest rated capacity.
A life raft, which is approximately the size of a suitcase before
it is inflated, is an important piece of survival equipment in an
emergency ditching. Rafts facilitate rescue efforts by keeping
passengers together and helping to prevent hypothermia. The FAA
believes that the affected commuters that engage in extended overwater
operations should be required to meet the part 121 requirements. As
with current part 121 certificate holders, affected commuters can apply
for waivers, and the FAA can decide, on a case-by-case basis, if a
waiver is appropriate. These waivers are issued pursuant to
Sec. 121.339(a) which [[Page 16251]] permits the Administrator to allow
deviation from the requirement to carry certain equipment for extended
overwater operations. Since there are few extended overwater operations
conducted by commuters, the FAA does not expect this proposed
requirement to have a significant impact.
Flotation devices. Unless an airplane is equipped with life
preservers, flotation cushions are required in Sec. 121.340 for each
passenger whenever an airplane is used in any overwater operation. In
parts 121 and 135, life preservers are required only for extended
overwater operations, (Secs. 121.339 and 135.167). Therefore, airplanes
used in extended overwater operations would already be equipped with
life preservers, so they would not need to have flotation cushions.
Section 121.340 has been applied so that virtually every airplane is
equipped with either flotation cushions or life preservers, because it
is practically impossible to operate any place without flying over a
body of water of sufficient depth to require some sort of flotation
means.
The advantage of requiring flotation means is that if an airplane
crashes in the water, occupants would be provided some protection. Many
of the most active airports have runways with takeoff or landing
approaches over water. While ditchings (anticipated water landings) in
the high seas are relatively rare events, crashes in the water at the
end of runways are less rare and can result in drownings.
Therefore, the FAA proposes that airplanes equipped with 10 or more
seats operating in scheduled passenger operations and not already
equipped with life preservers be equipped with flotation cushions. To
allow any replacement of seat cushions to be coordinated with the seat
cushion flammability requirements of Sec. 121.312(c), the FAA proposes
a compliance date of 2 years after the publication date of the final
rule.
Pitot heat indication system. Section 25.1326 requires a pitot heat
indication system to indicate to the flightcrew when a pitot heating
system is not operating. Part 23 currently requires pitot heat systems
for airplanes approved for IFR flight or flight in icing conditions,
but doesn't address the requirement for a pitot heat indication system.
This new requirement applies to new type certification and will not
affect existing in-service commuter airplanes or future production of
currently approved commuter airplanes. Section 121.342 currently
requires a pitot heat indication system on all airplanes that have a
pitot heating system installed.
In recommendation A-92-86, the National Transportation Safety Board
(NTSB) recommended that small airplanes certificated to operate in
icing conditions and at altitudes of 18,000 feet mean sea level and
above should be modified to provide a pitot heat operating light
similar to the light required by Sec. 25.1326. As recommended by the
NTSB, part 23 is currently being amended to require such indication for
commuter category airplanes (Notice 94-21, 59 FR 37620, July 22, 1994).
The FAA proposes to amend Sec. 121.342 to require nontransport
category airplanes type certificated after December 31, 1964, to
incorporate pitot heat indication systems. Affected commuters would
have to comply within 4 years after the publication date of this
rulemaking.
Flight data recorders. Section 121.343 requires operators to equip
certain airplanes with flight data recorders (FDR) that have certain
data parameters. Section 135.152(a) requires FDR in multiengine
turbine-powered airplanes with a passenger configuration of 10 to 19
seats that were brought onto the U.S. register after October 11, 1991.
Section 135.152(b) requires FDR on multiengine, turbine-powered
airplanes having a passenger seating configuration of 20 to 30 seats.
As discussed in the ``Major Issues'' section of this notice, the
FDR requirements would continue unchanged under the proposal.
Therefore, the current applicable requirements in part 135 would be
moved into part 121 by reference in proposed Sec. 121.344.
Radio equipment. Sections 121.345 through 121.351 cover radio
equipment requirements. Part 121 specifies radio equipment requirements
for operations under VFR over routes navigated by pilotage, for
operations under VFR over routes not navigated by pilotage or for
operations under IFR or over-the-top, and for extended overwater
operations. The requirements are more specific and restrictive than
those in Sec. 135.161. The radio equipment requirements in part 121 are
cumulative; that is, the regulations prescribe basic radio equipment
requirements for VFR over routes navigated by pilotage and additional
equipment for VFR over-the-top or IFR. Most part 121 operations are
conducted under IFR. The proposed rule would require affected commuters
to comply with part 121 radio equipment requirements. Because
additional equipment would be required for VFR conditions in operations
under part 121, the FAA requests comments on the appropriateness of the
part 121 requirements for operations presently conducted under part 135
and, if inappropriate, commenter recommendations for alternate
requirements.
Emergency equipment for operations over uninhabited terrain.
Section 121.353 prescribes the emergency equipment needed for
operations over uninhabited terrain areas for flag and supplemental air
carriers and commercial operators. The requirements include pyrotechnic
signaling devices, emergency locator transmitters (ELT's), and survival
kits equipped for the route to be flown. Similar requirements exist in
part 135 for airplanes having a passenger-seating configuration of more
than 19 passengers. (Secs. 135.177 and 135.178). The proposed rule
would require compliance with Sec. 121.353. Survival kits would be a
new requirement for affected commuter operators of airplanes with 10 to
19 seats.
Airborne weather radar. Section 121.357 requires airborne weather
radar equipment for transport category airplanes (except for C-46
airplanes). Similar requirements exist in Sec. 135.175, which applies
to large transport category airplanes. Section 135.173 allows for the
use of either airborne weather radar equipment or approved thunderstorm
detection equipment. As discussed in the ``Major Issues'' section of
this notice, affected commuters would be required to have approved
airborne weather radar equipment. The applicability language of part
121 would be revised accordingly.
Low-altitude windshear systems. Section 121.358 requires either
low-altitude windshear warning and guidance systems or predicting
systems on turbine-powered airplanes. The definition for turbine-
powered airplanes in Sec. 121.358(d) specifically excludes turbo-
propeller-powered airplanes. As discussed in the ``Major Issues''
section of this notice, this requirement would not apply to affected
commuter operators using turbo-propeller-powered or piston-powered
airplanes.
Cockpit voice recorders. Section 121.359 requires cockpit voice
recorders (CVR) on all large turbine-powered-engine airplanes and on
large pressurized airplanes with four reciprocating engines. Section
135.151(a) requires one standard of CVR on all multiengine turbine-
powered airplanes or rotorcraft having a passenger seating
configuration of six or more and for which two pilots are required by
type certification, and another standard for all multiengine turbine-
powered airplanes or rotorcraft [[Page 16252]] having a seating
configuration of 20 or more seats. As discussed in the ``Major Issues''
section of this notice, the proposal would not change current CVR
requirements; and CVR language from part 135 would be incorporated to
maintain existing part 135 requirements.
Ground proximity warning system (GPWS). GPWS provides a warning to
the flightcrew when an airplane is dangerously close to the ground,
allowing time for the flightcrew to take corrective action and avoid
collision with the ground. These types of accidents are called
controlled flight into terrain (CFIT) because they occur when the
flightcrew is not aware that the airplane is dangerously close to
terrain.
Section 121.360 requires GPWS on turbine-powered airplanes. Section
121.360(f) also requires a ground proximity warning-glide slope
deviation alerting system that meets certain standards. Section 135.153
requires a ground proximity warning system for any turbine-powered
airplane having a passenger-seating configuration of 10 or more seats.
There is also a provision in Sec. 135.153(b) that allows an airplane to
be operated until April 20, 1996, without a GPWS if the airplane is
equipped with an alternative system that conveys warnings of excessive
closure rates with the terrain and if certain other requirements are
met. Part 135 does not specifically require a glide slope deviation
alerting system nor does it provide specific TSO standards as part 121
does.
Although the GPWS requirements in parts 121 and 135 appear to be
different, any approved GPWS under part 135 would be capable of
complying with part 121 standards. By April 20, 1996, which will
precede the compliance date of this proposed rule, all affected
commuter airplanes must have approved GPWS. Therefore, there will be no
difference in the requirements as of the effective date of this
proposed rulemaking.
VI.B.8. Subpart L--Maintenance, Preventive Maintenance, and Alterations
Applicability. Part 121 operators are required to adopt a
continuous airworthiness maintenance program (CAMP), which has a proven
track record for large transport category airplane. Under
Sec. 135.411(a)(2), airplanes that are type certificated for a
passenger-seating configuration of 10 seats or more are already
required to comply with a CAMP similar to part 121 requirements. The
proposed rule would require all airplanes type certificated for 10 or
more passengers to comply with part 121 CAMP requirements. These
requirements are consistent with present-day maintenance standards and
techniques to manage airplane airworthiness. The proposal to include
affected commuters under part 121 maintenance requirements would not
necessitate a revision to Sec. 121.361.
Section 121.361(b) contains a deviation provision allowing certain
noncertificated persons to perform maintenance. Affected commuters
would now have this option available. Since many of the airplanes that
are the subject of this rulemaking are manufactured outside the United
States, this deviation provision would allow operators to have the
original equipment manufacturers perform some overhauls and repairs.
Responsibility for airworthiness. Section 121.363 places the
responsibility for the airworthiness of an airplane on the certificate
holder. Under the proposal affected commuters would have to comply with
Sec. 121.363. A similar requirement appears in Sec. 135.413. Section
135.413(a) requires a part 135 operator to have defects repaired
between required maintenance under part 43. This provision does not
appear in part 121. Part 121 operators are required to have defects
repaired in accordance with their maintenance manual. As an FAA-
approved maintenance manual requires no less than the part 43
requirements, affected commuters would experience no change in
requirements.
Maintenance, preventive maintenance, and alteration organization.
Section 121.365 requires the certificate holder to have an adequate
maintenance organization for the accomplishment of maintenance,
preventive maintenance, and alterations on its airplanes. The provision
allows the certificate holder to arrange with another person to
accomplish the work, provided that the certificate holder determines
that the person has an organization adequate to perform the work. This
provision requires separate inspection functions to ensure that those
items directly affecting the safety of flight are verified to be
correct by someone other than the person who performed the work. Since
Sec. 135.423 is essentially identical to Sec. 121.365, there would be
no change in requirements for affected operators. Affected operators
would be required to comply with part 121.
The FAA recognizes that other provisions of this proposed rule,
which would require affected operators to install new equipment and
might lead to replacement of part 23 type certificated airplanes with
part 25 type certificated airplanes, could necessitate that maintenance
personnel (as required by this section and by Secs. 121.367 and
121.371) have additional skills and training. The effect of these other
provisions on maintenance costs is discussed in the regulatory
evaluation summary in this notice.
Maintenance, Preventive Maintenance, and Alterations Programs.
Section 121.367 establishes the requirement for a certificate holder to
have an inspection program and a program covering other maintenance,
preventive maintenance, and alterations. The rule provides for
accomplishment of maintenance, preventive maintenance, and alterations
in accordance with the certificate holder's manual regardless of
whether the work is performed by the certificate holder or another
person. The corresponding part 135 provision, Sec. 135.425, is
essentially identical. Affected operators would be required to comply
with part 121.
Manual requirements. Section 121.369 requires the certificate
holder to include in its manual a description of the organization
required by Sec. 121.365 and a list of persons with whom it has
arranged for the performance of any required inspections, other
maintenance, preventive maintenance, or alterations. The manual must
contain the programs required by Sec. 121.367, including the methods of
performing required inspections, other maintenance, preventive
maintenance, or alterations. This provision requires a certificate
holder to provide a maintenance program in manual form to be used in
its organization in the performance of maintenance, preventive
maintenance, and alteration programs. This manual is necessary to
ensure that the certificate holder has provided an adequate maintenance
program for the airworthiness of its airplanes and to inform its
personnel, or other persons who perform maintenance, of their
responsibilities regarding the performance of maintenance on the
airplane.
Section 135.427 is basically identical to Sec. 121.369. Affected
operators would be required to comply with part 121.
Required inspection personnel. Section 121.371 contains certain
requirements for inspection personnel, including provisions for
specific qualifications for and supervision of an inspection unit.
Included is a requirement for listing persons who have been trained,
qualified, and authorized to conduct required inspections. The persons
must be identified by name, occupational title, and the inspections
that they are [[Page 16253]] authorized to perform. This ensures that
competent and properly trained inspection personnel are authorized to
perform the required inspections. Section 135.429 has language that is
similar to this section. Affected operators would be required to comply
with part 121.
Continuing analysis and surveillance. Section 121.373 on continuing
analysis and surveillance is in nearly all respects identical to the
provisions of Sec. 135.431. The FAA proposes that affected commuters
would comply with Sec. 121.373. Section 121.373 provides for the
establishment by the certificate holder of a system to continually
analyze the performance and effectiveness of the programs covering
maintenance, preventive maintenance, and alterations. This section also
provides for the correction of any deficiencies in those programs. Also
included in this section is a provision whereby the Administrator may
require the certificate holder to make changes in either or both of its
programs described in paragraph (a) if those programs do not contain
adequate procedures and standards to meet the requirements of this
part. The requirement is necessary to provide feedback to the
certificate holder on the certificate holder's programs covering
maintenance, preventive maintenance, and alterations, so that
deficiencies can be corrected. The requirement for a procedure
providing for changes required by the Administrator is similar to
procedures included in other parts of the Federal Aviation Regulations
and ensures that deficient programs are corrected promptly. Since
Secs. 121.373 and 135.431 are basically identical, no new burdens would
be imposed by the proposal to require affected operators to comply with
Sec. 121.373.
Maintenance and preventive maintenance training programs. Section
121.375 requires training programs that ensure that persons performing
maintenance or preventive maintenance functions (including inspection
personnel) are fully informed about procedures, techniques, and new
equipment in use and that those personnel are competent to perform
their required duties. This section is identical to Sec. 135.433.
Affected operators would be required to comply with part 121.
Maintenance and preventive maintenance personnel duty time
limitations. Section 121.377 establishes the requirements for
maintenance personnel to be relieved from duty for a period of at least
24 consecutive hours during any 7 consecutive days, or the equivalent
thereof within any 1 calendar month. This requirement is for
maintenance personnel within the United States. This provision would be
a new requirement for affected commuters. The FAA believes that this
provision to be a necessary safety precaution to ensure that
maintenance personnel are provided adequate rest.
Certificate requirements. Section 121.378 requires that each
person, other than a repair station certificated under the provisions
of Subpart C of part 145, who is directly in charge of maintenance,
preventive maintenance, or alterations, and each person performing
required inspections, hold an appropriate airman certificate. The FAA
determined when this provision was adopted for part 121 that it was
necessary to ensure that the certificate holder uses maintenance
personnel who have adequate knowledge of the regulations and hold an
appropriate airman certificate. An identical requirement appears in
Sec. 135.435. The FAA proposes that affected operators would comply
with part 121.
Authority to perform and approve maintenance, preventive
maintenance, and alterations. Section 121.379 allows the certificate
holder to have maintenance performed by other persons. The rule also
permits a certificate holder to perform maintenance for other
certificate holders. This provision allows the part 121 certificate
holder some flexibility in scheduling and performing its maintenance by
allowing the work to be performed by other persons when the certificate
holder does not have the personnel or facilities available to perform
certain maintenance. The rule requires that all major repairs and
alterations must have been accomplished with data approved by the
Administrator. Section 135.437 contains the same requirements. The FAA
proposes that affected operators would comply with part 121.
Maintenance recording requirements. Section 121.380 provides for
the preparation, maintenance, and retention of certain records using
the system specified in the certificate holder's manual. The rule also
specifies the length of time that the records must be retained and
requires that the records be transferred with the airplane at the time
it is sold. The requirements of Secs. 135.439 and 121.380 are
essentially identical so few new recordkeeping requirements would be
imposed. A small change is necessary to Sec. 121.380(a)(2) to
accommodate propeller-driven airplanes used by some affected commuters.
This proposed requirement is in Sec. 135.439(a)(2)(i).
Section 121.380(a)(2)(v) would be amended to adopt the language
found in Sec. 135.439(a)(2)(v) to provide more complete records on
airworthiness directive compliance. The current part 121 requirement
does not specify maintaining in the records the times and dates for
conducting recurring actions required by an airworthiness directive,
although the FAA assumes that current part 121 certificate holders
already do this. This is particularly important if ownership of an
airplane is transferred.
Transfer of maintenance records. Section 121.380a requires the
certificate holder to transfer certain maintenance records to the
purchaser at time of the sale, in either plain language form or in
coded form. The coded form must provide for the preservation and
retrieval of information in a manner acceptable to the Administrator.
The purchaser may permit the seller to keep physical custody of the
records; however, custody by the seller does not relieve the purchaser
of the responsibility under Sec. 121.380(c) to make the records
available for inspection by a representative of the Administrator or
authorized representatives of the National Transportation Safety Board.
The purpose of this section is to ensure that a new owner receives all
the records that are to be maintained by an operator as required by
Sec. 121.380. This section is worded the same as Sec. 135.441 except
that the part 121 provision allows the purchaser to select the format
of the transferred records.
The FAA notes that both Sec. 121.380 and Sec. 121.380a, and all
other maintenance recordkeeping requirements, are being reviewed by an
Aviation Rulemaking Advisory Committee (ARAC) that is studying ways to
improve the recordkeeping requirements.
VI.B.9. Subpart M--Airman and Crewmember Requirements
Subpart M of part 121 and subparts E and F or part 135 contain
airman and crewmember requirements. A discussion of the Age 60 Rule
appears in the ``Major Issues'' section of this notice.
Flight attendant complement. The number of flight attendants
required on airplanes varies depending on the seating capacity of the
airplane. Section 121.391 requires one flight attendant for airplanes
having a seating capacity of more than 9 but less than 51 passengers.
Section 135.107 requires one flight attendant for airplanes having a
passenger seating configuration, excluding any pilot seat, of more than
19 passengers. [[Page 16254]]
Flight attendants are required on airplanes to perform essential
routine and emergency safety duties. Routine duties include numerous
items, such as passenger briefings and ensuring that carry-on baggage
is correctly stowed. On larger airplanes flight attendants are needed
in emergencies to operate emergency equipment and assist passengers in
evacuating the airplane. Airplanes currently operated under part 121
are larger and heavier, the distance to the nearest emergency exit may
be greater, and the emergency equipment is more complex to operate.
Small airplanes are easier to evacuate than large airplanes and the
close proximity of the flightcrew make handling inflight emergencies
easier than on large airplanes. In addition, airplanes with passenger-
seating capacities from 10 to 19 might have to install an additional
seat for the flight attendant or dedicate a seat which could be revenue
producing to provide a seat for a flight attendant. Not requiring
flight attendants for commuter airplanes with a seating capacity of
less than 20 passengers has not proven to be a safety hazard.
Therefore, the FAA is retaining the requirement for a flight attendant
for more than 9 passengers for current part 121 airplanes, but proposes
to require a flight attendant for affected commuters only in airplanes
with more than 19 passenger seats. This change would not have any
effect on current part 121 certificate holders and would not impact the
affected commuters since it is the current standard for part 135.
Flight attendants being seated during movement on the surface.
Section 121.391(d) states that during movement on the surface, flight
attendants must remain at their duty stations with safety belts and
shoulder harnesses fastened except to perform duties related to the
safety of the airplane and its occupants. Part 135 has a similar
provision in Sec. 135.128(a), except that it does not specify that
flight attendants may be performing safety duties during movement on
the surface. The FAA proposes that the affected commuters with flight
attendants comply with the part 121 rules and that flight attendants be
allowed to perform safety related duties, such as ensuring that
passenger seat belts are fastened and conducting passenger briefings,
during movement on the surface.
Flight attendants or other qualified personnel at the gate. Section
121.391(e) requires that a specified number of flight attendants be on
board the airplane when it is parked at the gate and passengers are on
board and that the number of flight attendants cannot be reduced unless
certain conditions are met. It also allows the use of ``substitutes''
providing they are qualified. Part 135 does not have requirements on
flight attendants at the gate, although commuter operators may have
policies preventing unattended passengers when the airplane is parked
at the gate. The FAA proposes that all airplanes being operated by
affected commuters be required to comply with current Sec. 121.391(e);
that is, they must have a flight attendant or substitute (such as a
flight crewmember) on board when the airplane is parked at the gate and
passengers are on board. The substitutes must be given training in the
emergency evacuation procedures for that airplane as required by
Sec. 121.417 and they must be identified to the passengers. If there is
only one flight attendant or other qualified personnel on board the
airplane, that person must be located in accordance with the
certificate holder's FAA-approved operating procedures.
Since as a result of this proposed rule Sec. 121.391(e) would apply
in the future to operations that do not use flight attendants, the FAA
proposes to move paragraph (e) to a new separate section, proposed
Sec. 121.393, to highlight the crewmember requirements that apply when
an airplane is on the ground and will continue to another destination.
Aircraft dispatchers. Section 121.395 requires that each domestic
and flag air carrier shall provide enough qualified aircraft
dispatchers at each dispatch center to ensure proper operational
control of each flight. This would be a new requirement for affected
commuters. It is associated with compliance with the dispatch
requirements of part 121, which is discussed in the ``Major Issues''
section of this preamble.
VI.B.10. Subparts N and O--Training Program and Crewmember
Qualifications
There are no proposed revisions to these subparts in this notice
except that Sec. 121.435 would be removed. It is an obsolete
requirement since helicopters are no longer operated under part 121.
See discussion of a recent proposal to these subparts in the ``Recent
FAA Actions'' section of this notice.
VI.B.11. Subpart P--Aircraft Dispatcher Qualifications and Duty Time
Limitations: Domestic and Flag Air Carriers
The requirements in Sec. 121.463 of subpart P would be revised to
clarify where an observer is to sit if the airplane does not have a
jump seat on the flight deck.
VI.B.12. Subpart Q--Flight Time Limitations and Rest Requirements:
Domestic Air Carriers
A discussion of this subpart appears in the ``Major Issues''
section of this notice.
VI.B.13. Subpart R--Flight Time Limitations: Flag Air Carriers
A discussion of this subpart appears in the ``Major Issues''
section of this notice.
VI.B.14. Subpart S--Flight Time Limitations: Supplemental Air Carriers
and Commercial Limitations
A discussion of this subpart appears in the ``Major Issues''
section of this notice.
VI.B.15. Subpart T--Flight Operations
This subpart prescribes requirements for flight operations
applicable to all certificate holders except as otherwise specified.
The requirements include responsibility for operational control,
passenger briefings, use of oxygen, carry-on baggage, use of
certificated airports, and other requirements.
Operational control. Sections 121.533 and 121.535 require each
domestic and flag operation to be responsible for operational control
and specifies the responsibilities for aircraft dispatchers and pilots
for each flight release. These would be new requirements for affected
commuters. Section 121.537 contains the requirements for operational
control for supplemental operations. While the requirements for
domestic and flag operations are based on a dispatch system, the
requirements for supplemental operations are based on a flight
following system. For all three types of operations the requirements in
part 121 for operational control are more detailed and provide better
guidance than those in part 135 (Secs. 135.77 and 135.79). Part 121
assigns specific responsibilities to the pilot in command and the
aircraft dispatcher, clearly stating these requirements and how
operational control is to be implemented. In part 135, the certificate
holder must list names and titles of those responsible for operational
control, but there are no specific requirements. Operational control is
critical to flight safety and the requirements in part 121 would
provide a higher level of safety for affected commuters.
Admission to the flight deck. Section 121.547 specifies who may be
admitted to the flight deck of a passenger-carrying airplane. The part
121 section is similar to but more detailed than Sec. 135.75, which
applies to the admission of FAA inspectors to the pilots' compartment,
[[Page 16255]] except that Sec. 121.547 provides for additional types
of persons who may be admitted.
Emergency procedures. Parts 121 and 135 require that, when the
certificate holder or PIC knows of conditions that are a hazard to safe
operations, the operation must be restricted or suspended until the
hazardous conditions are corrected. (See Secs. 121.551, 121.553, and
135.69.) In addition, Sec. 135.69(b) provides for the PIC to continue a
flight towards an airport where hazardous conditions exist if (1) it
may be reasonably expected that by the time of estimated arrival the
conditions will have been corrected, or (2) there is no safer
procedure. In the latter event, continuation is an emergency situation
under Sec. 135.19 (subsumed by proposed Sec. 119.58), which allows the
PIC to deviate from the rules of the part to the extent required to
meet the emergency.
Sections 121.557, 121.559, and 135.19 on emergency procedures would
be removed from this subpart and covered in proposed part 119.
Section 121.565 would be a new requirement for affected commuters
now operating under part 135. This section requires a pilot in command
to take certain actions in the event of an engine failure, such as to
land at the nearest suitable airport, to report the engine failure to
the appropriate ground station and keep the station informed of the
flight's progress, and to send a written report to the operations
manager (or other, as specified) if the pilot has not landed at the
nearest suitable airport after the engine failure.
Passenger information. Both parts 121 and 135 contain requirements
for the oral briefing of passengers on the use of seatbelts, smoking,
and the location and use of emergency exits and equipment (see
Secs. 121.571, 121.333, 121.573, 121.585, 135.117, 135.127). The oral
briefing must be supplemented by printed cards for each passenger and
must contain diagrams showing emergency exits and additional
instructions. The passenger information rules in parts 121 and 135 are
similar, but part 121 is more specific in some respects, while part 135
is more specific in others. The FAA proposes to amend Sec. 121.571(a)
to bring over from Sec. 135.117 requirements for additional passenger
information for airplanes with no flight attendant. This additional
information includes instructions on location of survival equipment,
location and operation of oxygen equipment, location and operation of
fire extinguishers, and placement of seat backs in an upright position
for takeoffs and landings. The FAA proposes that the affected commuters
otherwise comply with the part 121 rules on passenger information. The
printed cards would need to be revised or supplemented to provide
information on flotation cushions or other required flotation devices
once they are installed.
A small change is proposed for Sec. 121.571(a)(3) to allow a flight
crewmember (instead of a flight attendant) to provide an individual
briefing of a person who may need assistance in the event of an
emergency, in cases where an airplane does not have a flight attendant.
Oxygen for medical use by passengers. Section 121.574 provides that
a certificate holder may allow a passenger to carry and operate
equipment for dispensing oxygen if, among other requirements, the
equipment is furnished by the certificate holder. Under current
Sec. 135.91, the certificate holder may allow a passenger to carry and
operate equipment for dispensing oxygen provided certain requirements
are met. In addition, under part 121, the equipment must be part of a
certificate holder's maintenance program; under part 135 it is required
as part of the certificate holder's maintenance program only if the
certificate holder owns the equipment. Section 135.91(d) contains a
provision for permitting a noncomplying oxygen bottle provided by
medical emergency service personnel to be carried on board the
airplane; this provision would not be carried forward into part 121.
Part 121 requires the certificate holder to supply the oxygen to
ensure that internal contamination of the pressurized oxygen does not
occur. The contamination of the cylinder with a flammable material
(grease, oil) could result in a serious fire or explosion when these
cylinders are operated on a pressurized airplane. Under the proposal,
the FAA would limit the use of oxygen units to those maintained by the
air carrier as is presently provided in Sec. 121.574. Most of the
airplanes operated by the affected commuters are pressurized and
frequently operate above 10,000 feet. The operating conditions and
safety concerns are similar for part 121 operators and the affected
commuters.
Alcoholic beverages. Sections 121.575 and 135.121 contain
requirements controlling the serving or consumption of alcoholic
beverages on airplane. The requirements are similar except for three
additional requirements in Sec. 121.575. Certificate holders are
prohibited from serving alcohol to persons who have legal access to
armed weapons and to persons who are being escorted by an armed law
enforcement escort. Also, part 121 requires certificate holders to
report any disturbances caused by people who appear to be intoxicated.
Since these differences are minor and are not expected to impose a
burden on affected commuters, the FAA proposes that affected commuters
comply with the requirements of Sec. 121.575.
Retention of items of mass. Section 121.576 requires that airplanes
must have a means to prevent each item of galley equipment and each
serving cart, when not in use, and each item of crew baggage, which is
carried in the crew or passenger compartment, from becoming a hazard.
Section 121.577 prohibits a certificate holder from moving an airplane
on the surface or taking off unless such items are secure. Sections
135.87 and 135.122 require certificate holders to ensure that such
items are secure before takeoff. The FAA proposes that the affected
commuters comply with Sec. 121.577, which is substantively the same as
Sec. 135.122.
Cabin ozone concentration. Section 121.578 sets maximum levels of
ozone concentration inside the cabins of transport category airplanes
operating above 27,000 feet. Commuter (and predecessor) airplanes do
not, generally, operate at these altitudes; nevertheless, the FAA
believes that these rules should apply whenever the altitudes are
exceeded. The FAA proposes to amend Sec. 121.578(b) to delete the
references to transport category airplanes. Section 121.578(d) contains
deviation authority if the certificate holder shows that compliance
with the current rule is unreasonable either because of circumstances
beyond its control or because of an unreasonable economic burden.
Minimum altitudes for use of autopilot. Sections 121.579 and 135.93
establish minimum altitudes for use of autopilots. The two sections are
similar; however, part 135 does not specify weather requirements for an
approach. In a current NPRM proposing to revise the minimum altitude
for use of an autopilot (59 FR 63868, December 9, 1994), which is under
consideration for the minimum altitude for autopilot use corresponds to
the type certificate of the autopilot and altitude stated in the
Airplane Flight Manual (AFM). If accepted as proposed, the AFM would
establish guidance that would be edited and approved in the air
carriers operations specifications.
Forward observer's seat. Section 121.581 requires a certificate
holder to make available a seat on the flight deck of each airplane for
use by the Administrator while conducting en route inspections.
Comparable Sec. 135.75 requires, for such inspections, a forward
[[Page 16256]] observer's seat on the flight deck or a forward
passenger seat with headset or speaker. Because airplanes in the 10- to
30-seat range may not have an observer's seat on the flight deck, the
option of providing a forward passenger seat would be moved into part
121.
Authority to refuse transportation. Section 121.586 prohibits a
certificate holder from refusing transportation to a passenger on the
basis that the passenger will need the assistance of another person to
move quickly to an exit in the event of an emergency, unless the
certificate holder has established procedures for the carriage of such
passengers and the passenger either fails to comply or cannot be
carried in accordance with the procedures. Part 135 does not
specifically prohibit a certificate holder from refusing transportation
to such passengers nor does it specifically require procedures;
however, Sec. 135.23(q) requires that the certificate holder's manual
contain procedures for the emergency evacuation of passengers who may
need assistance. Because these procedures are currently required as
part of the manual requirements of part 135, Sec. 121.586 would not
pose any burden on the certificate holder; rather it would clarify the
conditions under which a certificate holder may refuse transportation.
Carry-on baggage. Requirements for the stowage of carry-on baggage
aboard airplanes are found in Secs. 121.589 and 135.87. There are three
significant differences between the requirements in parts 121 and 135.
First, part 121 requires certificate holders to have an approved
carry-on baggage program with which both the certificate holder and the
passengers are required to comply.
Second, part 121 requires that carry-on baggage be scanned before
boarding to ensure the size and amount of baggage is consistent with
the program.
Third, no certificate holder may allow all passenger entry doors of
an airplane to be closed in preparation for taxi or pushback unless at
least one required crewmember has verified that each article of baggage
is stowed in accordance with the requirements of that certificate
holder's program.
The FAA proposes that the certificate holders upgrading to part 121
as a result of this NPRM would comply with the part 121 carry-on
baggage rules. This would require the preparation and approval of a
carry-on baggage program. Variations in the types of airplanes used or
crewmember complement can be addressed in the program. For instance,
procedures for stowing baggage on airplanes having overhead racks that
are not certificated for carriage of carry-on baggage or cargo would be
specified. Procedures for scanning baggage would be spelled out in the
program, according to the type of operation. In addition, crewmember
responsibilities for stowage of baggage for operations that do not
require a flight attendant would be addressed. This program is
necessary to assure that all certificate holders operating under part
121 have procedures to prevent an airplane from taking off with baggage
that has not been properly stowed.
Airports. Section 121.590 provides that air carriers and pilots
operating under part 121 must operate an airplane into a land airport
that is certificated under part 139. As discussed under the ``Major
Issues'' section of this notice, the proposed rule language would allow
affected commuters into and out of other than part 139 airports pending
legislation that would authorize the FAA to regulate airports (in a
future rulemaking) that serve passenger-carrying operations of
airplanes having a seating capacity of less than 30 passengers. Section
121.590 would be revised to incorporate pertinent requirements of
Sec. 135.229.
VI.B.16. Subpart U--Dispatching and Flight Release Rules
Subpart U, in conjunction with sections of subpart T, prescribes
dispatching and flight release rules for domestic and flag operations.
Sections 121.533, 121.535, and 121.537 prescribe who has operational
control of flights for domestic, flag, and supplemental part 121
operations. In addition, Secs. 121.533 and 121.535 require flight
releases before a flight can take off. Subpart U prescribes who has
dispatch and flight release authority, requires flight releases for
supplemental operations, and specifies requirements rules for flight
releases under certain conditions. All of these rules would be new
requirements for all affected commuters.
Flight release authority: Supplemental. Section 121.597, which
applies to supplemental operations, requires a flight release signed by
the pilot when the pilot and the person authorized by the certificate
holder to exercise operational control believe that the flight can be
made safely. This would be a new requirement for affected commuters who
conduct supplemental flights. Under part 135 releases are not required
for either scheduled or on-demand flights.
Dispatch or flight release under VFR. Section 121.611 states that
no person may dispatch or release an airplane for VFR operation unless
the ceiling and visibility en route, as indicated by available weather
reports or forecasts, are and will remain at or above applicable VFR
minimums until the airplane arrives at the airport. Part 135 does not
have a comparable release requirement, though for VFR over-the-top
carrying passenger operations (Sec. 135.211), no person may operate an
airplane unless weather reports or forecasts indicate that the weather
at the intended point of termination meets certain visibility
requirements.
Operations in icing conditions. Section 121.629 contains
requirements for operations in icing conditions. This section requires
a certificate holder to have an approved ground deicing/anti-icing
program, and the certificate holder, including all personnel assigned
duties, must comply with that program. The regulations prescribe the
general content of the program, including what must be covered in
ground training for flight crewmembers and other personnel. Section
121.629(d) provides that, in lieu of the program, a certificate holder
may conduct a check from outside the airplane when conditions are such
that frost, snow, or ice may adhere to airplane surfaces.
Section 135.227 prescribes the requirements for takeoff in icing
conditions for part 135 operations. Parts 135 and 121 are similar. Part
135 allows the carrier the option to comply with part 121 deicing/anti-
icing program requirements. Most affected commuters already comply with
part 121 program requirements. Part 135 states that the certificate
holder may not authorize a flight to takeoff in icing conditions unless
the pilot has received the applicable training under Sec. 135.341; the
training requirements for part 121 (Sec. 121.629) and part 135
(Sec. 135.345) are identical. Under part 135, having a deicing/anti-
icing program is only one of the options for taking off in icing
conditions; other options are conducting a pretakeoff contamination
check or having an approved alternative procedure. Since most of the
affected commuters already have an approved deicing/anti-icing program
that complies with part 121 requirements, the proposed rule would
require all affected commuters to comply with the part 121
requirements.
Fuel reserves. Sections 121.639, 121.641, 121.643, and 121.645
contain fuel reserve requirements based on the type of operation to be
conducted. These fuel reserve requirements do not distinguish between
VFR and IFR operations. Section 121.639 requires 45 minutes of fuel
reserve for domestic air carriers and for certain other air carrier
operations. [[Page 16257]]
Section 135.209 requires 30 minutes of fuel reserve for day VFR
conditions and 45 minutes for night VFR conditions. Section 135.223
requires 45 minutes for IFR conditions.
The FAA proposes to require affected commuters to comply with the
fuel reserve requirements of part 121 but recognizes that the proposed
change could have an impact on operators that conduct operations in VFR
conditions. Under the proposal these operations would have to have an
additional 15 minutes of fuel reserve to be in compliance. The FAA
invites comments on the impact the proposal would have on operators
that conduct operations in VFR conditions.
VI.B.17. Subpart V--Records and Reports
Subpart V prescribes requirements for the preparation and
maintenance of records and reports for all certificate holders
operating under part 121. Although many of the requirements are
identical to or similar to the recordkeeping requirements in
Secs. 135.63 and 135.65, part 121 requires additional information,
including new records and reports. For instance, additional load
manifest information is required under part 121.
Under the proposal, the most significant change in recordkeeping
requirements would be the addition of records required in part 121 for
a dispatch system. These include maintaining aircraft dispatcher
records and dispatch release records. Affected commuters would be
required to comply with all applicable dispatch recordkeeping
requirements in subpart V.
Section 121.689 prescribes the requirements for flight release
forms for supplemental operations under part 121. These requirements
would be new for affected commuters who would conduct on-demand type
operations under part 121 supplemental rules.
Maintenance log: Airplane. Section 121.701 requires that an
airplane maintenance log be used to record the occurrences of
mechanical irregularities and deferred maintenance items. The airplane
maintenance log is required to be kept in the airplane. Both
Secs. 121.701(a) and 135.65(c) require that any person taking action
concerning a reported or observed failure or malfunction of the
airplane must record that action in the airplane maintenance log. The
certificate holder is required to establish and include in its manual a
procedure for keeping adequate copies of the log in the airplane.
Section 135.65 additionally requires the pilot in command to ensure the
status of each irregularity entered in the maintenance log. The FAA is
not proposing that this requirement be added to part 121 because under
existing part 121 rules, no airplane can be dispatched without a
maintenance release that accomplishes the same purpose.
Mechanical reliability reports. The provisions of Sec. 121.703(a)
and Sec. 135.415(a) that require mechanical reliability reports are
virtually identical except for Secs. 135.415(a)(12) and 121.703(a)(17).
Subparagraph (a)(12) of Sec. 135.415 provides the qualification that
the landing gear extension should be ``unwanted.'' The FAA proposes to
adopt the part 135 language because the FAA is concerned with unplanned
in-flight extensions of the landing gear. The Sec. 121.703(a)(17)
provision on emergency evacuation systems required under the proposal,
which is absent from the corresponding part 135 rule, would be adopted
for affected commuters. The part 121 standard is proposed because the
FAA needs to know about all potentially defective evacuation systems so
that the defect would be immediately corrected.
Paragraph 121.703(e) on transmitting reports is more detailed than
the equivalent paragraph in part 135. Part 121 additionally requires
records of the flight number and stage, the emergency procedures
effected, the nature of the failure, the repair status of the affected
part, and whether the airplane was grounded. The FAA is proposing to
require that affected commuters follow the more detailed requirements
of part 121 because the additional data would add information to the
database. These reports would enhance the airplane airworthiness
standards that are monitored to ensure that corrective action can be
taken if unsatisfactory trends develop. The remaining provisions of
Sec. 135.415 are the same as those in Sec. 121.703.
Paragraph (f) would be amended to delete an obsolete reference to
Sec. 37.17, which no longer exists in the regulations.
Mechanical interruption summary report. Section 121.705 requires
that these mechanical interruption summary reports be submitted
``regularly and promptly'' but does not clearly define the standard for
the timeliness of the submission. Part 121 operators have for many
years had maintenance manual requirements that essentially required
that these reports be submitted on a monthly basis. The equivalent part
135 requirement specifically calls for the monthly submission of these
reports. The FAA proposes to require that affected commuters comply
with the part 121 requirement in order to have the timing established
in the operator's manual which allows for differences among operators.
Section 121.705(b) contains a requirement that is not found in the
corresponding Sec. 135.417 section. That provision requires reporting
premature engine removals. The FAA proposes to require affected
commuters to comply with this requirement because of a need to track
the reliability of engines. The FAA maintains a database of premature
engine removals that would allow operators to predict engine life or
the possible development of fleet-wide problems. Initially this
database was limited primarily to part 121 operators of large airplanes
with new engines. The FAA is expanding this database to cover most
engine types. This provision provides for reporting mechanical
interruptions that are not reported under other sections. The FAA needs
these reports to obtain data by which airplane airworthiness standards
are monitored and to ensure that corrective action can be taken if
unsatisfactory trends develop.
Alteration and repair reports. Section 121.707 requires part 121
operators to submit to the FAA a copy of a report of each major
alteration or major repair. Although corresponding
Sec. 135.439(a)(2)(vi) requires the retention of these reports but does
not specifically require that they be submitted to the FAA, they are
required to be submitted under part 43. Therefore, under the proposal
affected commuters would comply with the requirements of Sec. 121.707.
Airworthiness release or airplane log entry. Section 121.709
requires the certificate holder to prepare or cause to be prepared
either an airworthiness release or an appropriate entry in the airplane
log after the performance of maintenance, preventive maintenance, or
alterations. The airworthiness release or log entry must be prepared in
accordance with the procedures set forth in the certificate holder's
manual. The current requirements in Sec. 135.443 essentially mirror the
requirements of Sec. 121.709 so there would be minimum burden for
affected commuters. Section 121.709(c) contains a provision that is not
found in part 135. That provision requires that a copy of the
airworthiness release be given to the pilot in command and that a
certificate holder retain a copy for at least 2 months. The proposed
rule would require affected commuters to comply with this provision.
The FAA considers that this additional requirement is necessary to
provide a system for the flightcrew to determine the airworthiness
status of an airplane after maintenance has been performed and to
determine the [[Page 16258]] airworthiness of the airplane prior to
flight. The person providing an airworthiness release or airplane log
entry is required to determine that all the requirements for inspection
and airworthiness are satisfied.
Other recordkeeping requirements. New recordkeeping requirements
for affected commuter operators, which the FAA does not believe would
impose a significant burden, would be Sec. 121.711, which requires a
record of each en route radio contact between the air carrier and its
pilots; Sec. 121.713, which requires commercial operators to keep
copies of contracts; and Sec. 121.715, which requires reporting of in-
flight medical emergencies.
VI.C. Proposed Part 119 Explanation
New part 119 was originally proposed in 1988 (53 FR 39853; October
12, 1988). It is being entirely republished in this NPRM because of the
number of changes the FAA has made in the proposed rule language since
1988. The changes that are the result of the review of commuter
operations are discussed earlier in the preamble under ``Changes to
part 119 as a result of this NPRM.'' In this section of the preamble
the organization and substance of the entire part are summarized, along
with an explanation of changes to the proposed rule language that have
been made since 1988.
The first objective of the proposed rule is to establish a
permanent guide in a new part 119 that would enable persons who provide
transportation of people or cargo to determine what certification,
operations, maintenance, and other regulatory requirements they must
comply with. A second objective is to determine certification and
operating requirements.
This proposed rule does not address the certification rules found
in parts 125, 133, or 137.
The proposed rule would accomplish the following:
(1) Incorporate SFAR 38-2 into a new part 119 as Subparts A and B;
(2) Revise certification procedures now in parts 121 and 135 and
consolidate them in a new part 119 as Subpart C;
(3) Revise wet leasing requirements;
(4) Provide definitions for terms such as ``direct air carrier''
and ``kind of operation;''
(5) Provide a roadmap for certificate holders to lead them to the
operating rules in part 121, 125, or 135 that they must comply with for
the kind of operations that they conduct;
(6) Clarify the requirements for operations specifications by
adding definitions for terms such as ``domestic operation'' and
``supplemental operation;''
(7) Add management requirements for domestic and flag operations
conducted under part 121 consistent with those that now exist for
supplemental operations conducted under part 121, and consolidate part
121 and part 135 management requirements;
(8) Rescind part 127 and any requirements that pertain solely to
helicopters in part 121, Subparts A through D; and
(9) Throughout part 121, Subparts A through D and part 135, Subpart
A, change various references from CAB requirements to DOT requirements,
change language where needed, and make incidental editorial changes.
In accomplishing the above changes, the FAA has edited current
regulatory language for clarity and consistency.
Organization of New Part 119. Proposed new part 119 reorganizes
into one part many requirements that now exist in SFAR 38-2 and in
parts 121 and 135. Subpart A of proposed part 119 sets forth in general
terms the applicability of the part, requirements and prohibitions
covered by the part, definitions for terms used in Subchapter G, the
types of certificates issued, and general provisions concerning
operations specifications. Subpart B provides the guidelines and
benchmarks which determine what operating requirements apply to each
kind of operation. Among other things, subpart C updates and
consolidates into a central location the certification rules now found
in SFAR 38-2 and in parts 121 and 135. These subparts are discussed in
more detail below.
Subpart A--General
Proposed Subpart A provides that part 119 would apply to persons
operating or intending to operate civil aircraft as an air carrier or
commercial operator conducting passenger operations, cargo operations,
or both. A person would be issued only one certificate and all
operations would be conducted under that certificate regardless of the
kind of operation or the class or size of the aircraft. Persons
authorized to conduct operations as an air carrier (i.e., in
interstate, overseas, and foreign common carriage) would be issued an
Air Carrier Certificate, currently referred to as ``Air Carrier
Operating Certificate.'' Persons who conduct intrastate common carriage
operations, persons who conduct non-common carriage operations as a
commercial operator, and persons conducting certain other operations
not involving common carriage would be issued an Operating Certificate.
The FAA would issue operations specifications reflecting the kind
of operations to be conducted. The operations specifications would
prescribe the authorizations, limitations, and procedures under which
each type and size of aircraft would be operated.
The FAA would not issue certificates to foreign air carriers but
would continue to issue operations specifications in accordance with
part 129 to foreign air carriers who possess economic authority to
conduct common carriage operations within the United States.
Section 119.3--Definitions. To clarify which operational rules
apply to specific kinds of operations, proposed Sec. 119.3 defines
several terms. Many of the aspects of these new definitions related to
this NPRM, e.g., ``scheduled operation,'' ``domestic operations,''
``flag operations,'' ``supplemental operations,'' ``on-demand
operations,'' and ``commuter operations'' have been previously
discussed. Commenters should note that in this proposal the FAA has
attempted to include in the definition of ``scheduled operation''
elements that would distinguish it from nonscheduled operations for
compensation or hire in common carriage. The FAA considers the
distinguishing factors of a scheduled operation are that departure
location, arrival location, and departure time are determined by the
certificate holder, and the certificate holder offers such operations
in advance (i.e., holds out). In contrast, a nonscheduled common
carriage operation for compensation or hire, i.e., on-demand operations
and supplemental operations, are characterized by a negotiation in
which the customer or customer's representative negotiates the
departure, departure time, and arrival location. The only holding out
that a nonscheduled common carriage operator might engage in would be
letting others know that it would be available for such things as
charter flights and other operations in which departure time, departure
location, and arrival location are negotiated.
Many of the other definitions are carried over from SFAR 38-2 and
are self-explanatory. Some terms and definitions, however, would be
modified from SFAR 38-2 to make them consistent with this codification
and the changes affecting commuter operations. Under SFAR 38-2, the
following terms are used: ``domestic air carrier,'' ``supplemental air
carrier,'' and ``commuter air carrier.'' In this proposal, domestic
operation, supplemental operation, and commuter operation would cover
not only air carriers, but [[Page 16259]] also intrastate commercial
operators engaged in common carriage. The proposed definition for
``domestic operation'' includes intrastate common carriage operations
within Hawaii and Alaska, which presently follow the rules for flag
operations. This change would standardize the requirements for all U.S.
operators conducting intrastate scheduled operations under part 121.
The FAA proposes to introduce a new definition--``noncommon
carriage''--to more clearly recognize and distinguish that certain
operations for compensation or hire are accomplished without a prior
holding out. For instance, many operations that are conducted under
part 125 are ``noncommon carriage'' in that the customer pays for the
transportation by air, but the operator neither held out a schedule of
flight times nor held out that it was available for negotiating
departure time, departure location, and arrival location. It should be
noted, however, that part 125 operations are not limited to noncommon
carriage operations. Assuming an airplane has a seating configuration
of 20 or more passenger seats or maximum payload capacity of 6,000
pounds or more, part 125 applies in situations ``when common carriage
is not involved.'' The FAA believes that it is important to clarify the
meaning of ``when common carriage is not involved'' and its regulatory
twin ``operations not involving common carriage.'' Both of those
phrases mean not only ``noncommon carriage'' but also operations in
which persons or cargo are transported without compensation or hire and
operations not involving the transportation of persons or cargo.
Readers are reminded that for those airplanes that are usually used by
certificate holders in parts 121, 135, or 137 operations, part 125 does
not apply when those airplanes have no passengers or cargo (certificate
holders operate such flights under part 91). Additionally, part 125
does not apply in other situations where part 91 alone applies, e.g.,
an exclusive flight for the free transportation of company employees.
The FAA is proposing a new term--``wet lease.'' Existing Sec. 121.6
describes a wet lease situation without using the ``wet lease'' term.
This situation describes a lease involving an airplane and at least one
pilot flight crewmember. In the proposed new term, a wet lease would be
defined as one involving the lease of an entire airplane and at least
one crewmember. Thus, if a person leases an airplane and any crewmember
(e.g., flight attendant, flight engineer, or pilot), it would be
considered a wet lease. For an articulation of how this new definition
applies operationally, see the discussion concerning Sec. 119.53.
The definition of ``direct air carrier'' is included in this NPRM
because the FAA finds it necessary to make a distinction between the
direct air carrier, with operational control over flights, and the
indirect air carrier (for example, a freight forwarder) who is not
authorized to exercise operational control over flights.
New definitions have also been added for clarity, such as
definitions for ``passenger carrying,'' ``principal base of
operations,'' and ``kind of operation.''
The proposed definitions also include terms which would enable
operators to distinguish clearly among kinds of operations. The FAA has
noted confusion over certain terms in the past and intends to eliminate
the confusion by defining the proposed terms clearly and, where needed,
including clarification in Subpart C certification requirements.
``Maximum payload capacity.'' In January 1995, the FAA issued a
draft Advisory Circular (AC) 120-27c, ``Aircraft Weight and Balance
Control,'' containing proposed guidance for determining the standard
average weights for crewmembers. The proposed standard average weights
were based on recent data obtained from air carrier surveys. The FAA
proposes to amend the current standard allowance for crewmembers--200
pounds for each required crewmember. The proposed standard allowances
for crewmembers would be 180 pounds for male flight attendants, 130
pounds for female flight attendants, or 140 pounds average for all
flight attendants. In addition, for male flight crewmembers, the
standard average weight would be 180 pounds each, and for female flight
crewmembers, 130 pounds each. These standard average weights do not
include any carry-on baggage. If this NPRM concerning the standard
average weights for crewmembers is not adopted, the FAA would amend the
draft AC to reflect the existing regulations that specify a weight
allowance of 200 pounds for each required crewmember. Thus, the final
AC would accurately reflect what the regulations allow.
As used within the proposed part, these definitions, in conjunction
with proposed changes to certification requirements that would be
incorporated in Subpart C, would clarify which operators must obtain
Air Carrier Certificates or Operating Certificates.
Section 119.5--Certifications, authorizations, and prohibitions. In
general, Sec. 119.5 (a), (b), and (c) identify the type of
certificate--an air carrier certificate or an operating certificate--
the Administrator would issue to different persons depending on the
nature of their operations. In Sec. 119.5(d), the FAA proposes to issue
only one certificate to an operator engaging in common carriage,
regardless of the kind of operation or the class or size of the
aircraft to be operated. For example, if an operator used Boeing 757
aircraft in scheduled operations both within the U.S. and abroad, that
operator would be issued one air carrier certificate and that
certificate with its operations specifications would authorize these
two kinds of operation (i.e., domestic and flag). If that same operator
used airplanes with a seating capacity of 9 or less passenger seats in
scheduled operations and used another make and model airplane in
nonscheduled common carriage operations, only one air carrier
certificate would be issued, but the certificate and the operations
specifications would contain two additional kinds of operations, i.e.,
commuter and on-demand. See Secs. 119.37(f) and 119.49 (a)(5), (b)(5),
and (c)(4).
In Sec. 119.5(e), the FAA proposes to issue only one certificate to
an operator engaging in noncommon carriage, regardless of the kind of
operation, or the class or size of the aircraft to be operated. Thus, a
person who conducts noncommon carriage operations with aircraft
configurated with more than 20 passenger seats or a payload capacity of
6,000 lbs. or more, (for which part 125 would apply) and also aircraft
configurated with fewer than 20 passenger seats or a payload capacity
of less than 6,000 lbs. (for which part 135 would apply) would only be
issued one operating certificate.
Under Sec. 119.5(f), a person conducting more than one kind of
operation must conduct each operation in accordance with the FAR
applicable to the kind of operation and the operations specifications
issued for the kind of operation.
In Sec. 119.5(h), the FAA proposes to prohibit a person who holds
an operating certificate authorizing noncommon carriage from conducting
any operation in common carriage. Similarly, the FAA proposes that a
person holding an air carrier certificate or an operating certificate
authorizing common carriage operations shall not conduct any noncommon
carriage operations. The essential difference between a common carriage
operation and a noncommon carriage operation is the presence or absence
of a holding out. The FAA believes that an operator engaged in common
carriage (holding out) cannot unequivocally claim that it
[[Page 16260]] can engage in a noncommon carriage operation that would
not have benefited from the holding out activities of the common
carriage operation.
Finally, in Sec. 119.5(j), the FAA proposes to prohibit certificate
holders that operate under parts 121 and 135 from operating in
geographical areas unless the operations specifications specifically
authorize operations in those areas.
Section 119.7--Operations specifications. In Sec. 119.7, the FAA
identifies items that must be contained in each certificate holder's
operations specifications and restates the existing provision that
operations specifications are not part of a certificate.
Section 119.9--Use of business names. In this section, the FAA
proposes to prohibit certificate holders that operate airplanes under
part 121 or 135 from using a business name other than the name
appearing in a certificate holder's operations specifications. The FAA
proposes that the name of the certificate holder conducting the
operation must be displayed on the airplane and clearly visible and
readable to a person standing on the ground at any time except during
flight time. If the logo or livery of the airplane clearly identifies
the certificate holder, no other identification is needed. The purpose
of this proposed requirement is for the FAA to be able to identify,
primarily for purposes of ramp inspections, those who appear to have
operational control of the airplane. Because this regulation would
apply to airplane ranging in size from a small reciprocating-engine-
powered airplane carrying four persons to a Boeing 747, it is not
practical for the FAA to define the size letters that would be
required. Any means of identification which satisfies this requirement
is acceptable, including signs temporarily affixed in windows or on the
door or fuselage of the airplane.
With regard to the issue of whether the logo of the freight
forwarder may also appear on the airplane, the FAA believes that the
logo of the freight forwarder may remain on the airplane as long as the
name of the certificate holder who has operational control is clearly
identified.
Because display of the operator's business name may pose
unacceptable security risks for U.S. certificate holders who conduct
operations in certain foreign countries, the FAA proposes that the
Assistant Administrator for Civil Aviation Security may authorize
certain certificate holders to conduct operations without complying
with the requirement to display, on the airplane, the name of the
certificate holder operating it.
Proposed Subpart B--Applicability of Operating Requirements to
Different Kinds of Operations Under Parts 121, 125, and 135 of This
Chapter
Proposed subpart B sets forth the operating requirements that would
apply for specific kinds of operations. The requirements of this
subpart must be read in conjunction with the definitions for different
kinds of operations found in Sec. 119.3, specifically the definitions
for ``scheduled operation,'' ``domestic operation'', ``flag
operation,'' ``supplemental operation,'' ``commuter operation,'' ``on-
demand operation,'' ``noncommon carriage,'' and ``when common carriage
is not involved.'' Significant changes have been made to these
definitions. Changes which relate to affected commuters are described
earlier in the preamble under ``Changes proposed for part 119 as a
result of this NPRM.'' Other changes to definitions in part 119 are
explained above under ``Definitions.''
Proposed Sec. 119.21 directs domestic, flag, and supplemental
operations to be conducted under the rules in part 121 for those kinds
of operations, while commuter and on-demand operations are to be
conducted under part 135. Under 119.21(a) the Administrator may permit
certain intrastate Alaskan operations to be conducted under some of the
flag requirements. Based on a showing of safety in air commerce, the
Administrator may permit some operations among the Aleutian Islands and
some operations between the Aleutian Islands and the rest of Alaska to
be conducted under the applicable rules for flag operations contained
in Subpart U of part 121. Also, under Sec. 119.21(a)(3) it is proposed
that any certificate holder conducting supplemental operations under
part 121 between airports that are also served by the air carrier's
domestic or flag operations may be authorized or required to conduct
those operations under the domestic or flag rules. In addition, it is
proposed that similar existing provisions be retained that certain all-
cargo operations that regularly and frequently serve the same two
airports may be required to be conducted under domestic or flag rules.
Section 119.23 directs operations when common carriage is not
involved using airplanes having a passenger-seating configuration of 20
seats or more, excluding any required crewmember seat, or a payload
capacity of 6,000 pounds or more, to be conducted under part 125.
Noncommon carriage operations conducted with airplanes having a
passenger-seating configuration of less than 20 seats, excluding any
required crewmember seat, and a payload capacity of less than 6,000
pounds, are to be conducted under the rules of part 135 that apply to
on-demand operations. ``When common carriage is not involved'' and
``noncommon carriage'' are explained under ``Definitions'' above.
Section 119.25 directs all rotorcraft operations to be conducted
under part 135 regardless of the size or seating capacity of the
rotorcraft. However, external-load operators and agricultural aircraft
operators must comply with part 133 or part 137 of the FAR,
respectively.
This NPRM proposes to rescind part 127. Rotorcraft operators that
previously operated under part 127 would be directed in Subpart B to
conduct those operations under part 135 since those regulations have
been more recently updated and, therefore, are more current and provide
a more appropriate level of safety.
Proposed Subpart C--Certification Requirements and Operations
Specifications
The proposed new part 119, Subpart C, contains the procedural
certification requirements and operations specifications requirements
for all operations conducted under parts 121 and 135. Many of the
requirements in proposed Subpart C were drawn from certification and
operations specifications sections in--
(1) Part 121, Subparts A, B, C, and D;
(2) Part 135, Subpart A; and
(3) SFAR 38-2.
The requirements are thus consolidated in proposed Subpart C and
invalid references to the CAB and other obsolete references are changed
or deleted.
The proposed rules applicable to part 121 operations and part 135
operations have been combined wherever possible. In rare instances,
this has necessitated extending part 135 certification requirements to
part 121 or vice versa.
Certain additions or revisions to current rules are being proposed
which would clarify certification procedures and facilitate FAA
processing and inspection functions. The discussion below addresses
only important additions or revisions.
Section 119.33--General requirements. Proposed Sec. 119.33(c) would
require an applicant for a certificate to conduct the proving tests
required for certification under the appropriate requirements of part
121 or part 135. The purpose of the tests is to demonstrate (as one of
the last steps in the certification process) that the applicant is
qualified and eligible to receive a certificate. Currently an
[[Page 16261]] applicant is required to obtain a deviation from part
125 (for airplanes with a passenger-seating configuration of 20 or more
or a maximum payload capacity of 6,000 pounds or more) to conduct
proving tests under the authority of part 91 and the appropriate
requirements of part 121 or part 135. This change would permit
applicants to complete the certification process without having to
obtain either a deviation or certification to conduct operations under
part 125. It is also proposed to amend Secs. 121.163, 125.1, and
135.145 to make the proving test requirements consistent in those
parts.
Section 119.35--Certificate application. Proposed Sec. 119.35 would
require a certificate applicant to submit the application 90 days
before the intended date of operation rather than 60 days, as presently
required. A 90-day submission requirement more realistically reflects
the actual time the agency needs to process applications and
documentation. As discussed in Advisory Circular (AC) 120-49, there are
five phases in the certification process. The applicant begins with a
preapplication statement of intent and proceeds through the necessary
preparation of documents, and demonstration and inspection of the
aircraft. Whether this schedule proceeds on time is, in large part,
controlled by the applicant. As stated in the AC, ``Failure to
accomplish an item or event in a satisfactory manner or in accordance
with the schedule of events could delay the certification.'' The FAA
encourages applicants to provide the certification project manager with
draft materials during the preapplication period so that problems are
not incurred during formal review of the application package. The 90
days, however, refers to the period of formal review of the completed
application package. The agency finds that this length of time is
necessary for proper review of the application.
The FAA points out that under 49 U.S.C. 44705, the Administrator of
the FAA is responsible for ensuring that each air carrier ``properly
and adequately is equipped and able to operate safely.'' In order to
fulfill this safety responsibility, the FAA must exercise the authority
to request any information to make a determination of an air carrier's
fitness to operate.
Paragraphs (c) through (h) of Sec. 119.35 are proposed
recodifications of Secs. 121.47, 121.48, and 121.49. Generally
speaking, these sections deal with the disclosure of financial
information as well as the disclosure of people and entities that would
control the new certificate holder. It should be noted that those three
sections and their proposed recodification in Sec. 119.35(c) through
(h) only apply to persons who are not air carriers and who are applying
for authority to engage in intrastate common carriage but have not
undergone a fitness review by the Department of Transportation. The
language has been updated to make it consistent with new definitions
and certification requirements applicable to these operators. For
persons applying for authority to conduct intrastate common carriage
operations under part 135 these would be new requirements. The FAA
believes these requirements are necessary because financial
information, management information, and information concerning who
controls the certificate holder can reveal potential shortcomings in
the applicant's ability to conduct a safe operation.
Section 119.41--Amending a certificate. Proposed Sec. 119.41
contains new procedures for making administrative changes to the
operating certificate. These procedures are modeled after the
procedures used to amend operations specifications and would
standardize the amendment process.
In addition, under Sec. 119.41 applications for amendments to
certificates would have to be submitted 15 days in advance of the time
the operator wants the amendments to be effective, unless the
Administrator approves a shorter period when circumstances warrant
(i.e., minor or routine amendments).
Section 119.45--Use of operations specifications. Section 119.45 is
a recodification of Sec. 121.75.
Section 119.47--Maintaining a principal base of operations, main
operations base, and main maintenance base; change of address. Proposed
Sec. 119.47 requires that a certificate holder maintain a principal
base of operations and also allows it to establish a main operations
and main maintenance base. ``Principal base of operations'' is defined
in Sec. 119.3 as ``the primary operating location of a certificate
holder as established by the certificate holder.'' Air carriers with
large operations may have other bases located with or separate from the
principal base of operations. The FAA proposes to refer to these bases
as ``main operations base'' and ``main maintenance base.'' New
automated operations specifications would provide for this information.
Written notification must be provided to the certificate-holding
district office before establishing or relocating a principal base of
operations, a main operations base, or a main maintenance base. The
principal base of operations, the main operations base, and the main
maintenance base may be at the same location. This requirement is
derived from Sec. 135.27(a) which requires that a certificate holder
maintain a principal business office. The proposed terminology
clarifies that the FAA needs to know the location of the primary point
of contact between the FAA and the certificate holder. Certificate
holders would no longer be required to report changes of address for
business offices. Elimination of this requirement does not affect the
carrier's responsibility under 49 U.S.C. 46103 to notify the FAA and
Office of the Secretary of Transportation (OST) of an address for
service of process (see proposed Sec. 119.49(a)(1), (b)(1) and (c)(1)).
Section 119.49--Contents of operations specifications. Proposed
Secs. 119.49(a)(2), (b)(2), and (c)(2) require that each certificate
holder obtain operations specifications that list other business names
under which the certificate holder may operate. The requirement is
proposed to facilitate enforcement and surveillance functions. Current
rules under part 135 already require certificate holders to list their
alternate business names on their operating certificates. Current part
121 places no restrictions on the use of alternate business names;
however, air carriers are prohibited in the economic regulations from
using any names that have not been specifically authorized by OST.
The FAA proposes to extend the requirement on alternate business
names to part 121 certificate holders to enhance the agency's ability
to maintain proper surveillance over these operations and to further
prohibit a carrier from using any name not authorized by the Secretary
of Transportation. Before deregulation, the number of large carriers
operating under part 121 was relatively limited and the activities of
these carriers were well defined and stable. Because of economic
deregulation, such carriers have proliferated and many conduct
operations under one or more trade names. Thus it is necessary for such
names to be specifically listed on a carriers operations
specifications.
Proposed Secs. 119.49 (a)(3), (b)(3), and (c)(3) add a requirement
that operations specifications contain a reference to the economic
authority issued by OST. The requirement that a carrier have the
necessary economic authority is not new. The proposal to include this
reference in the operations specifications is intended to clarify that
the requirement still exists [[Page 16262]] notwithstanding the demise
of the CAB. The effect of this proposal is to tie the extent of
authority contained in a certificate holder's operations specifications
to the extent of any required economic authority.
Proposed Sec. 119.49(a)(4) requires a certificate holder conducting
domestic, flag, or commuter operations to obtain operations
specifications that list each type of aircraft authorized for use and
each aircraft's registration markings and serial number. In current
Sec. 121.25, for domestic of flag, the registration markings and serial
number are not required. The requirement to list registration markings
does exist in current Sec. 121.45 for supplemental operations and in
all of part 135. The new requirement is proposed in the interest of
consistency and to facilitate FAA enforcement and surveillance
functions. Any burden of the new requirement would be offset by a
proposed provision in Secs. 119.49(a)(4)(i), (b)(4)(i), and (c)(6)(i)
that would allow certificate holders to submit a current list, which
could be a computerized list of aircraft and regular airports and to
reference that list on the operations specifications. Current format
and procedures for approving operations specifications require that
each aircraft be identified on the appropriate form. This current
format does not allow use of computer printouts and can lead to
excessively lengthy operations specifications.
Section 119.51--Amending operations specifications. Under
Sec. 119.51 applications for amendments to operations specifications
would have to be submitted 15 days in advance for minor or routine
amendments; however the FAA proposes to require that certificate
holders file applications to amend operations specifications at least
90 days before the date proposed by the applicant for the amendment to
become effective in cases of mergers; acquisition or airline
operational assets that require an additional showing of safety (e.g.,
proving tests); changes in the kind of operation as defined in
Sec. 119.3; resumption of operations following a suspension of
operations as a result of bankruptcy actions; or the initial
introduction of aircraft not before proven for use in air carrier or
commercial operator operations. It has been the FAA's experience that
these types of major changes do take at least 90 days for the agency to
determine that, as a result of the change, the applicant is properly
and adequately equipped and is able to conduct a safe operation.
Proposed Sec. 119.51(e) is basically a recodification of the
emergency amendment procedures for operations specifications that
already exist in Sec. 121.79. Under Sec. 121.79, if the FAA Flight
Standards District Office (FSDO) finds that there is an emergency
requiring immediate action, then the amendment becomes effective
immediately and any petition for reconsideration to the Director,
Flight Standards Service, does not stay the effectiveness of the
amendment. Under Sec. 135.17, although the FSDO can issue an amendment
that is effective immediately, the filing of a petition for
reconsideration stays the effectiveness of the amendment. However, if
the Director finds there is an emergency requiring immediate action,
then the Director notifies the certificate holder that the amendment is
effective upon the date the certificate holder receives the director's
finding. In this NPRM, the FAA proposes to adopt--for 121 and 135
operations--the same procedures for emergency amendments to operation
specifications. Because safety may require an immediate change to
operations specifications for part 135 operations, the FAA has decided
to propose a procedure whereby the on-site inspectors make the initial
determination that an emergency exists. The proposed procedure change
would, like current part 121 procedures, not result in a stay simply
because the certificate holder petitioned for a reconsideration of the
amendment.
Section 119.53--Wet leasing of aircraft. Proposed Sec. 119.53 on
wet leasing would be revised from current Sec. 121.6 to do the
following: (1) Clarify that the leasing requirements pertain only to
wet leasing (which is defined in Sec. 119.3 as a lease of an aircraft
that includes the provision of any crewmember); (2) extend the wet
leasing requirements to part 135 operations; (3) prohibit a wet lease
from a foreign air carrier or any other foreign person; (4) prohibit a
wet lease from any person not authorized to engage in common carriage;
(5) specify that the Administrator, upon approval of the wet lease,
would determine which party to the agreement has operational control
and would amend the appropriate operations specifications of both
parties, if necessary; and (6) allow a wet lease charter flight to
transport passengers who are stranded because of the cancellation of
their scheduled flight, provided that the wet lease flight is
authorized by OST or the Administrator, as applicable, and that the
charter flight is conducted under the rules applicable to a
supplemental or on-demand operation. These clarifications reflect for
the most part current administrative procedures.
Proposed Sec. 119.53(e) would add a provision to prohibit a
certificate holder from conducting any type of flight, not specified in
its operations specifications, for another certificate holder. The
purpose of this provision is to emphasize that a certificate holder may
not contract to perform any flight it is not authorized to perform by
its own operations specifications. This means that a certificate holder
that agrees to perform scheduled flights for another carrier under a
wet lease must conduct those operations under the domestic or flag
rules of part 121, or commuter rules of part 135, just as the original
carrier would have. To do this it must have operations specifications
authorizing it to perform domestic, flag, or commuter rules just as the
original certificate holder would have.
For example, airline A conducts domestic operations between New
York and Miami. Because of unanticipated problems, it finds it is
unable to perform these flights for a period of 3 days. It arranges
with airline B to operate these flights under wet lease, in which
airline B retains operational control of the conduct of the flights.
Airline B must operate these flights under the rules in part 121
applicable to domestic operations, just as airline A would have to do,
and airline B must have operations specifications authorizing it to
conduct domestic operations.
If the requirement for appropriate operations specifications is not
maintained, an operator could conduct ``scheduled'' operations through
wet leases with several carriers authorized to conduct only
supplemental operations. In addition, an operator might be induced to
undertake an overly ambitious schedule of flight operations with the
expectation that any required augmentation could be quickly obtained
through a wet lease with a carrier authorized to conduct only
supplemental operations. Because the frequency and regularity of a
scheduled operation require different infrastructure, contractual
arrangements with operators flying under the supplemental or on-demand
rules cannot be tolerated.
In addition, Sec. 119.53(e) requires that these substitute
operations be conducted at ground locations that are: (1) Between
airports for which the substitute certificate holder holds authority
for scheduled operations or (2) within geographical areas for which the
substitute certificate holder has authority for conducting supplemental
or on-demand operations.
The FAA recognizes that cases may occur where a certificate holder
conducting scheduled operations is [[Page 16263]] forced to cancel a
flight and finds it impractical on extremely short notice to arrange
for a substitute carrier with operations specifications that fully meet
the proposed requirements. In the rare situation where passengers could
be stranded, the FAA and OST have agreed to procedures that would give
the passengers the option of taking a charter flight in place of the
flight originally scheduled. In such a situation, the operator
providing the substitute flight would have to obtain a waiver of 14 CFR
part 380 requirements from OST based on an emergency need. See proposed
Sec. 119.53(f). The passengers would then be given the option of making
their own arrangements, working out arrangements with the original
carrier, or taking the charter flight. Each passenger who elects to
take the emergency charter flight would be given an appropriate ticket
(or other flight document) by the charter operator before the passenger
boards the charter flight aircraft. The operator of this charter flight
would have operational control and would conduct the flight under the
supplemental or on-demand rules, as applicable. Comments are solicited
on whether this procedure is adequate to cover any potential hardships.
Section 119.55--Obtaining deviation authority to perform operations
under a U.S. military contract. This section contains various
requirements for an operator who performs military contract services,
involving deviations from their normal operations. These requirements
include, among others, (1) an application requesting authority to
perform the service, (2) certification by the Department of Defense
that the service cannot be performed without the deviation, and (3) an
appropriate amendment to the certificate holder's operations
specifications by the Administrator. Many of these requirements are
currently set forth in Sec. 121.57, which applies only to supplemental
operations.
In this NPRM, the FAA is proposing a new procedure in order to
obtain deviation authority to perform under a U.S. military contract.
Under this proposed procedure, the certificate holder must submit its
request for deviation authority to the Department of Defense's Air
Mobility Command (AMC). AMC would review the requests and forward the
carriers' consolidated requests, along with AMC's recommendations, to
the FAA for review. The FAA is making this proposal because during the
Desert Shield/Desert Storm operations, the agency was inundated with
requests for deviations. The FAA believes that the AMC has the
resources to consolidate these requests, identify the specific FARs
from which relief is sought, and evaluate the requests to determine
whether the relief sought would be needed to accomplish the military
mission. The FAA believes that this proposed procedure would enable the
agency to process these requests more efficiently, should the need
arise in the future.
Emergency Operations (Sections 119.57 and 119.58). The FAA is
proposing two new sections concerning emergency situations. These two
new sections are generally recodifications of Secs. 121.57(c), 121.557,
121.559, and 135.19. On the one hand, Sec. 119.57 is designed to
address emergency situations in which it is impossible for the
certificate holder planning to conduct emergency operations to act
without complex and thorough planning. For example, Sec. 119.57 would
most often be used to respond to natural disasters such as massive
floods and earthquakes. On the other hand, Sec. 119.58 is designed to
address an emergency situation in which complex and thorough planning
are not possible because of the nature of the emergency. In other
words, the nature of the emergency may be such that unless immediate
action is taken, all would be lost, and any delayed action would be
futile. Readers are reminded that in pure part 91 operations, Sec. 91.3
applies.
Section 119.59--Conducting tests and inspections. Proposed language
has been included in Sec. 119.59(b)(1) and (e) to emphasize both the
authority of FAA inspectors to gain access to a certificate holder's
books and records and the fact that a certificate holder risks
suspension of part or all of its operations specifications if it fails
to provide that access. This language is an important reminder of the
FAA's statutory authority and duty to determine whether an operator
continues to be properly equipped to comply with the FAR and whether
the operator can operate safely. Without access to those records, the
FAA cannot fulfill its safety mission. The proposed paragraph makes
explicit the intent of present Secs. 13.7 and 121.81, Subpart V of part
121, and Sec. 135.63. The purpose of the principal base of operations
is for each certificate holder to provide to the FAA one location that
the FAA would use as its main point of contact. It is the focus of
liaison between representatives of the FAA and the operational
management of the certificate holder. The FAA requires notification
when this location changes so that it can adjust its staff accordingly.
Proposed Sec. 119.59(b)(1) would require that the operations
specifications and certificate must be maintained at the principal
base; other records must be identified in a current listing at the
principal base that shows the location and person responsible for each
individual report and record.
Section 119.63--Recency of operation. Proposed Sec. 119.63 would
prohibit a certificate holder from conducting a kind of operation if
that kind of operation has not been conducted for a period of 30
consecutive days. To resume that kind of operation the certificate
holder must advise the Administrator at least 5 consecutive calendar
days prior to resumption of that kind of operation and make itself
available for any FAA reexamination that the FAA considers necessary.
This requirement is being proposed because the FAA believes that the
safety requirements for a particular kind of operation might not be met
adequately by an operator that does not conduct that kind of operations
for that length of time. Safety requires at least 5 days notice so that
the FAA has the opportunity to conduct an inspection or reexamination
to determine whether the certificate holder remains properly and
adequately equipped and able to conduct a safe operation. Unless the
FAA suspends or revokes the operator's certificate or withdraws the
authorization in the operations specification for that kind of
operation, the certificate holder may resume that kind of operation on
the sixth consecutive calendar day after it notified the FAA of its
plans to resume that kind of operation. Even if the FAA decides not to
conduct a reinspection or a reexamination during that 5-consecutive-
calendar-day period, the certificate holder may nonetheless resume
operations on the sixth consecutive calendar day after the
notification. For seasonal operators, advance planning and coordination
with the certificate holding district office would make resumption of
operations smoother.
Management Requirements Proposed For Part 119 (Proposed Sections
119.65 through 119.71). Currently the FAA has specific regulations
governing qualifications for the management personnel of supplemental
air carriers and commercial operators (Secs. 121.59-121.61) and air
taxi/commercial operators (Secs. 135.37--135.39). Part 121 does not
have specific regulations governing management personnel of domestic
and flag carriers. Under the authority of 49 U.S.C. 44705 and as stated
in Sec. 121.27(a)(2) of the FAR, the Administrator must find that ``the
applicant is properly and adequately equipped and able to conduct a
safe [[Page 16264]] operation in accordance with this part.'' To
fulfill this responsibility, it is necessary to propose standard
management personnel qualifications for each certificate holder
operating under part 121 of the FAR.
The proposed rule would consolidate management personnel
requirements for operations conducted under part 135 or part 121 into
new part 119. In proposed Secs. 119.65 and 119.67 management personnel
requirements would be established for all operations conducted under
part 121, including domestic and flag operations, as well as
supplemental operations.
The proposed management personnel requirements for operations
conducted under part 135 (Secs. 119.69 and 119.71) would be
substantially the same as those currently in Secs. 135.37 and 135.39.
The proposed management personnel requirements for operations conducted
under part 121 (Secs. 119.65 and 119.67) would be similar to those
currently in Secs. 121.59 and 121.61, which now apply only to
supplemental operations.
The only significant changes under the proposed management
requirements for part 121 and part 135 would be as follows:
Director of safety. As previously discussed, the FAA is
proposing that each certificate holder that conducts operations under
part 121 must have a director of safety. This person would be
responsible for keeping the highest management officials of the
certificate holder fully informed about the safety status of the
certificate holder's entire operation. The FAA proposes to eliminate
the position of general manager, which is presently required for
certificate holders who conduct supplemental operations under part 121.
Director of operations. Current Secs. 121.61(a)(1) and
135.39(a)(1)(i) require that a director of operations hold or have held
an airline transport pilot (ATP) certificate. Proposed Secs. 119.67(a)
and 119.71(a) require that a director of operations currently hold an
ATP. This change reflects current administrative procedures; an ATP
certificate no longer has an expiration date and is revoked only for
cause. However, the requirement does not mean that the director of
operations must currently meet medical certification requirements.
Current Sec. 121.61(a) requires a director of operations to have at
least 3 years of experience as a pilot in command (PIC) of a large
airplane or have 3 years experience as a director of operations of an
operation using large airplanes or a position of comparable
responsibility. In the 1988 NPRM for a new part 119 and again in this
NPRM, the FAA proposes for Sec. 119.67(a) to require a director of
operations to have both 3 years experience as a PIC of an aircraft
under part 121 or part 135 and 3 years supervisory experience in a
position that exercised control over any operations conducted with
aircraft under part 121 or part 135. This change would assure that a
director of operations under part 121 has both the technical and
management expertise necessary to direct operations of airplanes used
in part 121.
Since 1988, the FAA has decided to propose an additional
eligibility requirement for a first-time director of operations and a
first-time chief pilot. (There is a later discussion of the eligibility
requirements for a chief pilot.) The FAA is proposing that certain
experience for the director of operations have been obtained recently.
In the case of a person becoming a director of operations for the first
time, the FAA is proposing that the PIC experience in large aircraft be
recent, i.e., 3 years of experience within the past 6 years. (See
Sec. 119.67(a)(3)(i).) Additionally, for all directors of operation
under part 121, the minimum of 3 years of supervisory or managerial
experience must have been obtained within the last 6 years. (See
Sec. 119.67(a)(2).)
Current Sec. 135.39(a)(2) requires that the director of operations
for a certificate holder who is not conducting any operation for which
a PIC is required to hold an ATP certificate must hold a commercial
pilot certificate. Proposed Sec. 119.71(b)(1) would revise the
requirement to ``a commercial pilot certificate with an instrument
rating'' to ensure that a director of operations has at least minimum
experience in instrument flying.
Additionally, for operations conducted under part 135, the FAA
proposes that the director of operations have the following experience:
(1) At least 3 years of supervisory or managerial experience within
the last 6 years, in a position that exercised operational control over
any operations conducted under parts 121 or 135; or
(2) For a person with previous experience as a director of
operations, at least 3 years experience as a PIC of aircraft operated
under 121 or 135; or for a person becoming a director of operations for
the first time, the 3 years of PIC experience must have been obtained
within the past 6 years.
Director of maintenance. Current Sec. 121.61(c) requires
that a director of maintenance hold a current mechanic certificate with
either an airframe or powerplant rating. Current Sec. 135.39(c)
requires that a director of maintenance hold a current mechanic
certificate with airframe and powerplant ratings. In order to
standardize the certificates required for the director of maintenance,
proposed Sec. 119.67(c) and 119.71(e) would require that a director of
maintenance hold a current mechanic certificate with both airframe and
powerplant ratings.
In addition to the foregoing, to serve as director of maintenance
for an operation conducted under part 121, a person must have 1 year of
experience in a position of returning airplane to service, at least 5
years experience within the past 5 years in one or a combination of the
following: maintaining airplanes in the same category and class as the
certificate holder uses or repairing airplanes in a certificated
airplane repair station that maintains airplanes in the same category
and class as the certificate holder uses.
Also, the requirement in present Sec. 135.39(c) that the required
experience in maintaining large aircraft must include the recency
requirements of Sec. 65.83 has been added to proposed Sec. 119.67(c)
and carried over to proposed Sec. 119.71(e).
Chief pilot. Current Sec. 135.39(b)(1) requires that a
chief pilot who conducts any operation for which the PIC is required to
hold an airline transport pilot certificate must ``hold a current
airline transport pilot certificate with appropriate ratings for at
least one of the types of aircraft used.'' Similarly current paragraph
(b)(2) requires that a chief pilot of a certificate holder who is not
conducting any operation for which the PIC is required to hold an
airline transport pilot certificate must ``hold a current commercial
pilot certificate with an instrument rating.'' Proposed
Sec. 119.71(c)(1) and (d)(1) omits the word ``current'' because these
pilot certificates no longer have an expiration date and are revoked
only for cause. The words ``and be qualified to serve as PIC in at
least one type of aircraft used in the certificate holder's operation''
are added to clarify that the chief pilot must meet recency of
experience requirements and medical requirements. Readers should note
that, in order to be a chief pilot for an operator that conducts part
135 operations, that person must be qualified to serve as PIC in
operations conducted under that part. The FAA feels that this proposed
requirement is necessary for chief pilots under part 135, but not
required for chief pilots under part 121 because part 121 requires
operational control systems (e.g., dispatch system, flight following
system) that are more robust than the operational control systems
required [[Page 16265]] under part 135. In fact, part 135 does not
require a dispatch system or a flight following system; as a minimum,
it only requires a flight locating system.
To be eligible to be a chief pilot in part 121 operations, or part
135 operations in which any operation requires that the PIC hold an ATP
certificate, a person must hold an ATP certificate. A commercial pilot
certificate, with appropriate ratings, is sufficient for a chief pilot
at a part 135 operation that only conducts operations for which the
PIC's are required to hold a commercial pilot certificate.
In addition to holding the appropriate certificate, in order to be
eligible to be a chief pilot in part 121 or 135 operations, a person
must have at least 3 years experience as a PIC of aircraft operated
under parts 121 or 135. However, if that person is becoming a chief
pilot for the first time, the 3 years experience must have been
obtained within the previous 6 years.
Chief inspector. Section 121.61 requires a chief inspector
for each supplemental or commercial operator conducting part 121
operations. This proposal would standardize this requirement for all
operators under part 121. In addition to the existing eligibility
requirements, the chief inspector would be required to have at least 1
year of experience in a supervisory position maintaining large
aircraft. See 119.67(d).
Deviation authority. The deviation authority contained in
Secs. 121.61(b)(2) and 135.39(d) has been combined and made applicable
to all management personnel. Sections 119.67(e) and 119.71(f) authorize
the Manager of the Flight Standards Division in the region of the
certificate holding district office to authorize a certificate holder
to employ a person who does not meet the qualifications in proposed
Secs. 119.67 or 119.71. For a certificate holder or applicant that
wants to employ a person who does not hold the required airman
certificate (e.g., ATP certificate, commercial pilot certificate,
airframe and powerplant certificate), the deviation authority sections
would not cover such a lack of airman certification situation. The
deviation authority provides a means for competent and qualified
personnel who do not meet the management personnel qualifications to be
employed in required positions.
Revisions to Parts 121 and 135
As discussed earlier, SFAR 38 and SFAR 38-2 were intended as
temporary measures that superseded certain provisions in the FAR. Thus,
both special regulations began with the statement ``Contrary provisions
of parts 121, 123, 127, and 135 of the Federal Aviation Regulations
notwithstanding* * *.'' This statement served to inform operators that
requirements in the regulations that were contrary to the requirements
in the SFAR were superseded by the SFAR. The purpose of the proposed
revisions to part 121 Subparts A, B, C, and D, and part 135, Subpart A,
is to delete all sections which have been moved to part 119 and to
eliminate all references contradictory to part 119, such as
requirements using outdated terminology. Subparts B, C, and D and
certain sections of Subpart A of part 121 are entirely deleted as well
as certain sections of Subpart A of part 135 because these requirements
are either obsolete or have been moved to proposed part 119. The FAA
anticipates that a derivation table, showing the origin and current
source of many of the proposed new sections, will appear in a final
rule document. Also, a description of some of these revisions occurs in
the ``Editorial Changes'' and the section-by-section portions of this
preamble.
Rescinding Part 127 and Related Rotorcraft Regulations
SFAR 38-2 required rotorcraft operations that were formerly
conducted under part 121 or part 127 to be conducted under part 135.
Part 127 and rotorcraft sections of part 121 have been in effect for 20
years without substantive change despite significant changes in
equipment and technology during the period. The rotorcraft requirements
under part 121 and all of part 127 would have needed complete revision
and updating to be applicable to today's technology. In contrast, part
135 has been updated in recent years. Since most rotorcraft have less
than a 30-passenger seating capacity and a payload capacity of less
than 7,500 pounds, the FAA decided in the interests of efficiency and
safety that rotorcraft operations should comply with the requirements
of part 135. In accordance with SFAR 38-2, part 135 requirements
superseded part 127 and Secs. 121.13 and 121.157. In effect this notice
formally proposes a rescission of part 127 and related part 121
sections which were suspended by SFAR 38-2.
The FAA stated in its preamble to the proposed SFAR 38-2 and
reiterates in this proposal that, if the air transportation industry
significantly expands the use of rotorcraft with more than 30 passenger
seats or more than 7,500 pounds payload capacity, appropriate rules
would be developed to clearly specify the operating requirements for
this class of rotorcraft. However, in the interim, if an operator
requests authority to operate this class of large rotorcraft where
safety requirements in addition to those prescribed in part 135 are
warranted, special operations specifications would be issued,
appropriate to the aircraft size and kind of operation.
Editorial Changes
The proposed new part 119 and revisions to parts 121 and 135 would
require certain editorial changes. These changes have been made for
clarity and consistency and to facilitate combining the requirements of
parts 121 and 135. None of these changes would impose any additional
requirements on persons affected by the regulations.
The following are examples of changes that would be incorporated in
proposed part 119 and made to all of the sections remaining in part
121, Subpart A, and part 135, Subpart A, as well as to other parts of
the FAR in order to make them consistent with each other and to reflect
current FAA administrative procedures:
(1) References to ``domestic, flag, supplemental, or commuter air
carriers'' have been changed to ``domestic, flag, supplemental, or
commuter operation,'' as appropriate.
(2) References to ``Domestic, Flag, or Supplemental Air Carrier
Operating Certificates'' have been changed to ``Air Carrier
Certificates.''
(3) References to ``ATCO Operating Certificates'' have been changed
to ``Air Carrier Certificate'' or ``Operating Certificate.''
(4) References to ``Flight Standards District Office'' and
``District Office'' have been changed to ``certificate-holding district
office,'' and a definition for ``certificate-holding district office''
has been added.
(5) Obsolete references and compliance dates have been deleted to
reflect current FAA procedures and the current FAR.
(6) Language changes have been made for consistency and to
facilitate computer searches for certain terms; for example,
``principal operations base'' is changed to ``principal base of
operations.''
(7) An effort has been made to break unwieldy paragraphs into more
manageable divisions.
In the final rule for this proposal, the FAA will make similar
editorial changes in the remaining subparts of parts 121 and 135 and in
any other parts affected.
Regulatory Evaluation Summary
Proposed changes to Federal regulations must undergo several
economic analyses. First, Executive Order 12866 directs that each
Federal [[Page 16266]] agency shall propose or adopt a regulation only
upon area benefits of the intended regulation justify its costs.
Second, the Regulatory Flexibility Act of 1980 requires agencies to
analyze the economic effect of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effect of regulatory changes on international trade. In conducting
these analyses, the FAA has determined that this Notice of Proposed
Rulemaking (NPRM) would generate benefits that justify its costs and is
``a significant regulatory action'' as defined in the Executive Order.
The FAA estimates, however, that the NPRM would have a significant
economic impact on a substantial number of small entities. No part of
the proposed rule is expected to constitute a barrier to international
trade. These analyses, available in the docket, are summarized below.
Costs
The total cost of compliance of the proposed rule is estimated to
be $275 million (or $199 million, discounted at 7 percent), over the
next 10 years, in 1994 dollars.
The FAA examined each section of part 121 to determine the
potential costs of compliance for existing part 135 commuter operators
with airplanes of 10 or more passenger seats. First, all of the
sections in part 121 were divided into five areas: (1) Operations, (2)
Cabin safety, (3) Certification, (4) Maintenance, and (5) Part 119.
Next, multidisciplinary teams of FAA personnel evaluated each of the
five areas to determine which sections would impose additional costs
and which would not. The following represents the results of that
evaluation.
A. Sections without cost impacts. Those part 121 sections that the
FAA has determined would not impose additional costs on part 135
commuter operators are not described in this summary evaluation. Each
of those part 121 sections would not impose costs for one of the
following reasons: (1) Current practice is identical or very similar to
the new requirement; (2) the new requirement represents minor
procedural changes; (3) the section determines general applicability
and does not specifically impose any costs; or (4) certain requirements
of part 135 would be incorporated into part 121 without change. Those
part 121 sections without costs are described in the full evaluation
under each of the areas for which they apply. While not shown in this
summary evaluation, it is important to note that 10 of the sections in
the proposed rule were identified as having negligible costs. These
negligible costs, even when combined, would not be significant.
B. Sections with potential cost impacts. The proposed rule would
impose costs on part 135 operators with 10-to-30-seat airplanes. The
FAA estimates the total cost of the proposed rule would be $275 million
over the next 10 years, with a present value of $199 million. The
potential costs are as follows:
------------------------------------------------------------------------
Present
Area 10-19 seats 20-30 seats Total cost value
------------------------------------------------------------------------
Operations.......... $141.8 $58.5 $200.3 $141.2
Maintenance......... 0.1 0.0 0.1 0.1
Cabin Safety........ 11.7 8.8 20.5 15.2
Part 119............ 1.6 0.4 2.0 1.7
Certification....... 51.4 0.7 52.1 41.0
---------------------------------------------------
Total......... 206.6 68.4 275.0 199.2
------------------------------------------------------------------------
Based on the $207 million figure shown above, the FAA estimates
that, on average over the next 10 years, the price of a one-way airline
ticket would increase by 1.7 percent or by $1.91 (from $110 to $112)
for affected operators with 10-to-19-seat airplanes. Similarly, based
on the $68 million figure, the ticket price would increase by 0.6
percent or by $0.68 (from $110 to $111) for affected operators with 20-
to-30-seat airplanes.
In addition to the information shown in the table above, it is
important to note that the undiscounted cost per airplane in each of
the first four years of the proposed rule, by seat category, sheds
light on the initial compliance costs incurred by the impacted
operators. Costs are highest during the first year (1996) and drop each
year thereafter. In 1996, affected operators with 10-to-19-seat and 20-
to-30-seat airplanes would incur per airplane costs of $50,000 and
$26,000, respectively. Similarly, in 1997, there would be costs of
$23,000 and $16,000, respectively. In 1998, there would be costs of
$23,000 and $15,000, respectively. And in 1999, there would be costs of
$24,000 and $14,000, respectively.
1. Operations. Section 121.135--Contents of manual. This section
would require the affected operators to have more extensive operations
manuals than are currently required under part 135. Part 121 requires
more detailed instructions to flight and ground personnel, including
dispatch procedures, airport information, and approach procedures. The
manuals of part 121 operators are, on average, about three times as
voluminous as those of part 135 operators. Thus, compliance with this
effort would result in major rewriting of manuals. Based on cost
information received from industry, the FAA estimates that, on average,
each commuter operator that would come into part 121 would spend about
$50,000 for new manuals. This cost estimate multiplied times the number
of operators expected to be in existence over the next 10 years amounts
to an estimated $3.9 million ($3.5 million, discounted).
Section 121.337--Protective breathing equipment (PBE) for the
Cockpit. This section requires PBE units for cockpit crewmembers
operating transport category airplanes. Part 135 has no such
requirement. This evaluation assumes that three PBE units (one for each
pilot station and another for fighting fires) would be installed in
existing and future impacted airplanes with 10 to 19 seats. There is
very little information available related to the number of PBE units on
these types of airplanes. As a result of this uncertainty, the FAA
solicits comments from the public and the aviation community on the
number of part 135 airplanes, with 10 to 19 passenger seats, that are
equipped with PBEs in the cockpit and whether the units are fixed or
portable. Based on information received from FAA technical personnel,
affected airplanes with 20-30 passenger seats already have fixed PBE at
each of the two pilot stations in the cockpit. Therefore, only one
additional portable PBE would be needed for fighting fires in the
cockpit of such airplanes.
Since portable PBEs are much cheaper (and more practical in many
situations) than fixed PBEs, commuters are [[Page 16267]] assumed to
acquire and install portable PBEs in the cockpit, especially those
impacted airplanes with 10 to 19 passenger seats. In addition to PBE,
this evaluation includes costs for weight penalty (5 pounds per unit)
and PBE training for new pilots. The estimated cost of each PBE unit
($400), combined with the other cost components, multiplied times the
number of airplanes in existence over the next 10 years results in $4.3
million ($3.7 million, discounted).
Section 121.357--Airborne weather radar. This section would require
the affected operators to equip their airplanes with approved weather
radar. Currently, Sec. 135.173 requires that operators equip their
airplanes with either thunderstorm detection equipment or approved
weather radar. However, section 135.175 requires operators with 20-30
passenger seats to equip their airplanes with weather radar. Based on
information received from industry, an estimated 90 percent of all
commuter airplanes with 10 to 19 passenger seats are assumed to already
have approved weather radar equipment. Therefore, the FAA assumes that
this section would only impact an estimated 10 percent of those
operators with 10-to-19-seat airplanes in 1996 and subsequent years.
This evaluation assumes an average cost of $30,000 per radar unit
and a weight penalty of about 25 pounds per airplane. The sum of these
cost components multiplied times the number of commuter airplanes
expected to be in existence over the next 10 years amounts to an
estimated cost of $3 million ($2.7 million, discounted).
Section 121.471--Flight time limitations and rest requirements (All
flight crewmembers). This section would require affected operators to
comply with part 121 flight time limitations and rest requirements for
all flight crew members. Under this proposal, current flight time
limitations and rest requirements for commuters would change as
follows: from 1,200 to 1000 hours per calendar year, from 120 to 100
hours per calendar month, and from 34 to 30 hours in any seven
consecutive days. Although this section pertains mainly to pilots,
operators are assumed to apply the same procedures for the respective
number of flight attendants. Under a recently published rule on flight
and duty time for flight attendants, the FAA gave operators an option
to adjust the rest and duty requirements of flight attendants based on
those for pilots. This evaluation also assumes that they would adopt
that option since it is cheaper to do so for some current part 121
operators.
According to industry representatives, most affected operators are
already using rest and duty flight limitations that would be required
by this section. On average, pilots of affected operators fly fewer
evaluation assumes that 75 percent of affected operators already meet
this requirement and that the other operators would have to increase
their flight crews by 20 percent. The FAA estimates that an average of
559 additional pilots and flight attendants would be hired and retained
between 1996 and 2005. This evaluation also estimates a weighted
average annual salary for these entry level new hires to be $19,200
(including fringe benefits). Based on these cost components, the
potential cost of compliance would be an estimated $107 million ($75
million, discounted).
Sections 121.593-595: Dispatching authority for domestic and flag
air carriers; 121.107: Dispatch centers; 121.533-535: Responsibility
for operational control; 121.683: Crewmember and dispatcher record;
121.687: Dispatch release; and other sections that assign specific
duties to dispatchers. These sections would require dispatchers and
dispatch centers to authorize flights for affected operators with 10 to
30 passenger seats. Dispatchers are not required under part 135. The
evaluation assumes that operators currently certificated only under
part 135 do not employ fully qualified dispatchers; it further assumes
that operators certificated under both parts 121 and 135 employ about
one half as many qualified dispatchers as they would need to dispatch
all of their flights. According to the Airline Dispatcher Federation,
virtually all part 135 operators already have facilities and
communications equipment that satisfy the dispatch requirements under
part 121. Accordingly, the FAA has not included estimates of additional
costs attributable to facilities and equipment. The FAA estimates that
the dispatcher requirement would cost an estimated $83 million ($57
million, discounted) over the next 10 years. Operators of 10-to-19-seat
airplanes would bear approximately $58 million of the costs ($40
million, discounted).
2. Cabin Safety. Sections 121.133, 121.135, and 121.137--Flight
attendant manual. These sections would require all flight attendants to
have an operations manual. There is no such requirement for flight
attendants working for part 135 operators. This requirement would
necessitate preparing such manuals for each 20-30 seat airplane
(airplanes with 10 to 19 passenger seats are assumed not to have flight
attendants). The costs would involve the preparation of the manual
contents by a flight attendant supervisor and a paperwork and layout
specialist and the copying and binding of the finished manual. FAA
analysis projects 352 airplanes operated by 21 air carriers in 1996 and
580 airplanes operated by 36 air carriers in 2005. Each airplane has
one flight attendant, so the number of manuals is estimated to equal
the projected number of airplanes. The 10-year cost for the
preparation, copying, and binding of these manuals would be $394,100
($330,900, discounted).
Sections 121.285 and 121.589--Carry-On baggage. These sections
would require those part 135 commuter operators coming into part 121 to
develop a program to visually screen and stow carry-on baggage. Part
121 requires that a crewmember verify that all baggage is properly
secured before all doors are closed and the airplane leaves the gate.
The cost of this requirement would involve the preparation of an
addendum to the Operations Specifications in which each carrier would
outline procedures for screening baggage. Each carrier would bear the
cost of developing the addendum for the airplanes in their fleet. The
number of air carriers is projected to rise from 69 in 1996 to 77 in
2005. For each air carrier, developing the addendum would involve two
people, a flight attendant supervisor for 20-30 seat airplanes and a
crewmember supervisor for 10-to-19-seat airplanes (both paid at $24.00/
hr) and a clerical person to do the paperwork (an average of 8 hours
each). The 10-year cost for operators of 10-to-30-seat airplanes is
estimated to be $161,100 ($147,900, discounted).
Section 121.291--Ditching demonstration. This section would require
air carriers to conduct a ditching evacuation demonstration for new
airplanes prior to normal operations. The one-time demonstration only
applies when an operator introduces a new airplane make and model
currently not in its fleet. This requirement would not apply to the
current fleet. Because there are no data available on the extent to
which operators would acquire new makes and models in the future, the
FAA has made some assumptions. The analysis assumes that only 25
percent of all 10-to-30-seat airplanes conduct extended overwater
flights. Hence, the evaluation probably overstates the number of
ditching demonstrations needed. As a result of this uncertainty, the
FAA solicits comments from the aviation community on the number of new
airplane makes and models that air carriers plan to acquire between
1996 and 2005. [[Page 16268]]
The evaluation assumes that over 10 years, 89 tests would be
conducted, at an average cost of $400 per test. The cost elements of
the demonstration include crewmember compensation (based on 5 hours)
and repacking the life rafts (8 hours of labor by maintenance
personnel). Air carriers only compensate crewmembers for emergency
training at 3.5 hours paid out of 8 hours of training, as it is not
considered flight time. The wage rates for the training hours were
multiplied times 0.4375. Based on crew compositions, two pilots would
need to be compensated for 10-to-19-seat airplanes, and two pilots and
a flight attendant would need to be compensated for 20-to-30-seat
airplanes. The FAA estimates that the 10-year cost for part 135
operators to conduct ditching evacuation demonstrations for new 10-to-
30-seat airplanes would be $35,600 ($25,300, discounted).
Section 121.309--Medical kits. This section would require one
medical kit per airplane for affected operators moving into part 121.
The costs of providing medical kits include acquisition ($200 each)
with a 25 percent spares ratio, replacement (5 percent per year),
maintenance ($20 per year), a weight penalty (7 pounds per unit),
physician consultation expenses ($500 per consultation twice a year per
air carrier to obtain certain contents, such as prescription drugs, for
the medical kits), and record keeping (1 hour per instance a kit is
used). Acquisition, replacement, and maintenance costs are a function
of the number of airplanes, while physician costs are incurred by
individual operators. The FAA estimates that the 10-year cost for
providing medical kits on the 20-30 seat airplanes now operating under
part 135 would be $783,900 ($552,800, discounted).
Section 121.309--First aid kit. This section would require
airplanes to have at least one first aid kit. Currently, part 135
requires all airplanes with greater than 19 seats to have one kit. This
section would require a first aid kit on all 10-to-19-seat airplanes.
The costs are composed of acquisition ($70 per kit) with a 25 percent
spares ratio, a 5 percent replacement rate, and annual maintenance ($7
per kit). Costs are a function of the 10-to-19-seat airplane count,
which is projected to be 822 in 1996 and 730 in 2005. The 10-year cost
of this requirement would be $157,400 ($126,100, discounted).
Section 121.309--Halon fire extinguishers or equivalent. This
section would require all affected airplanes to replace existing fire
extinguishers (two per 10-to-30-seat airplane--one in the cabin and one
in the cockpit) with halon fire extinguishers or the equivalent. This
evaluation assumes that no part 135 airplanes are currently equipped
with halon fire extinguishers. It also assumes that, since part 135
airplanes were already equipped with fire extinguishers, there would be
no additional maintenance costs or weight penalties for this equipment.
Based on an industry survey, a 5-pound halon fire extinguisher costs
about $100. The cost of this section would involve purchasing the
requisite number of halon fire extinguishers per airplane in 1996 with
a 10 percent spares ratio. With a five percent recharge rate per year
after 1996, the FAA has estimated that the 10-year cost of this
requirement is $413,200 ($348,300, discounted). The highest annual cost
occurs in 1996 when the 10-to-30-seat airplanes are initially equipped.
Section 121.313--Cockpit key. This section would require all
crewmembers to have access to a key for the cockpit door. This
requirement would apply only to 20-to-30-seat airplanes because
airplanes with 10 to 19 seats are not required to have locking cockpit
doors. The cost of this requirement would involve copying one key for
each airplane. Due to the low cost of copying a key (about $1 per key),
the FAA estimates the cost of compliance for this requirement to be
$600 ($500, discounted). The highest annual cost ($300 discounted)
would occur in 1996 when all 20-to-30-seat airplanes in the fleet would
have their keys made. Cost estimates for subsequent years are based on
the projected annual increase in airplanes.
Section 121.333--Portable oxygen. This section would require
airplanes that are certificated to fly above 25,000 feet to have a
portable oxygen unit for each flight attendant. This requirement would
apply only to commuter airplanes having more than 19 seats because no
10-to-19-seat airplanes in commuter operations are certificated to fly
above 25,000 feet, and none of them have flight attendants. In 1994,
78.2 percent of 20-to-30-seat airplanes were certificated to fly above
25,000 feet, and this evaluation projects this percentage into the
future. This cost estimate takes into account oxygen unit acquisition
($400 per unit) with a 25 percent spares ratio, a 5 percent replacement
rate per year, annual maintenance ($40 per unit), and a weight penalty
(5.5 pounds per unit; assuming one unit per airplane, with spares kept
on the ground). The evaluation assumes that 344 oxygen units would be
purchased in 1996 and new airplanes would be outfitted in the future.
Future year costs are based on the projected annual increase in
airplanes. The 10-year cost to equip all 20-to-30-seat airplanes would
be $520,200 ($385,500, discounted).
Sections 121.333, 121.571, 121.573--Passenger information. These
sections establish standards for passenger card information under part
121. Although the passenger card information requirements for part 135
operators are similar, new cards would have to be prepared for 20-to-
30-seat airplanes; 10-to-19-seat airplanes already exceed the part 121
standards. Industry experience has shown that each card has a lifetime
of approximately 3 years. Assuming a phase-in period of one year, one-
third of the cards would normally have been replaced during that period
anyway. Hence, the two-thirds of the cards normally not scheduled for
replacement would need to be replaced. The new information would also
need to be included in any flight attendant manual and in the oral
briefing. Preparation costs would involve two people, a flight
attendant supervisor and a paperwork layout specialist. This effort
would require an average of 2 hours each to prepare the new information
card. The FAA assumes that it would cost $1 to print and distribute
each information card. The 10-year cost for the preparation of these
cards would be $130,100 ($94,200, discounted).
Section 121.337--Protective breathing equipment (PBE) for the
cabin. This section would require a PBE unit in the passenger section
of the airplane cabin. The evaluation examines the costs of placing one
PBE on all 20-to-30-seat airplanes currently operating under part 135.
PBE units would be required in the cabin area of 10-to-30-seat
airplanes; however, the PBE in the 10-to-19-seat airplanes would be
used by crew members, and their costs are reflected in the Operations
section of this analysis. Costs include acquisition of a portable PBE
unit ($400 per unit) with a 25 percent spares ratio, annual maintenance
($40 per unit), a 5 percent replacement rate per year, and a weight
penalty (5 pounds per unit). After initial PBE acquisition in 1996, new
PBE acquisition costs are the sum of the projected increase in
airplanes and the replacement quota. Ten-year costs to supply all 20-
to-30-seat airplanes are estimated at $659,100 ($488,900, discounted).
Section 121.339--Life rafts. This section would require all
airplanes involved in extended overwater flight to have an additional
life raft on board. The FAA assumes that only 25 percent of all 10-to-
30-seat airplanes conduct extended over water flights. Costs include
raft acquisition ($5,000 per raft), [[Page 16269]] annual maintenance
($500 per year), a 5 percent replacement rate per year, and a weight
penalty (85 pounds per raft). The 10-year cost to equip the affected
part 135 airplanes with an additional life raft would be $4.4 million
($3.4 million, discounted).
This section would require operators to provide a flotation cushion
or life vest for each passenger seat on all airplanes. The FAA assumes
that operators of 10-to-19-seat airplanes would not be able to install
flotation cushions and would therefore obtain life vests. The FAA also
assumes that operators of 20-to-30-seat airplanes would replace
existing seat cushions with flotation cushions. Current 10-to-19-seat
airplanes average 18.62 seats per airplane and 20-to-30-seat airplanes
average 29.9 seats per airplane. This evaluation assumes that these
ratios remain constant into the future. The total number of cushions
and life vests per year is derived by multiplying the number of seats
per airplane times the projected airplane count for the 10-19 seat and
20-to-30-seat airplane categories. The cost of providing flotation
cushions and life vests includes acquisition ($50 each) with a 25
percent spares ratio, annual maintenance ($5 each), a 5 percent
replacement rate per year, and a weight penalty (2 pounds for the life
vests on the 10-to-19-seat airplanes and no weight penalty for the 20-
to-30-seat airplanes because the existing seat cushions weigh the same
as the flotation cushions). Future year costs are based on the
projected annual increase in 10-to-30-seat airplanes. The 10-year cost
for providing flotation cushions or life vests on 10-to-30-seat
airplanes would be $5.1 million ($3.9 million, discounted).
Section 121.391--Flight attendant at the gate. This section would
require affected operators to have a flight attendant or other
authorized person on the airplane during intermediate stops while
passengers are on board. The FAA assumes that these airplanes have and
would continue to have the same number of daily intermediate stops (3
per day) as part 121 airplanes. Flight attendant coverage would be
provided by personnel who are already compensated, except during
airplane delays (3 percent of flights) when those persons are no longer
available.
The FAA has determined that individual operators could comply with
this requirement by following one of three scenarios. Under the first
scenario, operators would require all passengers to deplane during
intermediate stops at the gate. There may be a cost in inconvenience to
passengers who have to deplane, which in turn may ultimatley reduce the
amount that they are willing to pay to fly these routes. The FAA has
not attempted to quantify this cost due to the lack of information.
Interested persons with quantifiable data on the cost of this
inconvenience are invited to submit information to the docket. Under
the second scenario, operators would require either a flight attendant
or pilot to remain on the airplane. Under the third scenario, operators
would allow a trained, authorized person to stand in for the flight
attendant or pilot when coverage is needed due to a flight delay. The
FAA expects air carriers to choose each of the first two options 40
percent of the time and the third option 20 percent of the time due to
the higher costs, which include initial training costs and the costs of
keeping such personnel on stand-by at intermediate stops. The air
carriers would incur the cost of wage compensation when personnel who
are not already compensated stay on board airplanes during delays. The
10-year cost of requiring flight attendants (or other designated
personnel) at the gate on 10-to-30-seat airplanes is estimated at $7.5
million ($5.2 million, discounted).
Section 121.417--Protective breathing equipment training. This
section would require part 135 flight attendants to be trained in PBE
usage by fighting an actual fire. Specifically, this proposed rule
change would require all current and future flight attendants on 20-to-
30-seat airplanes to receive one-time PBE training fighting an actual
fire during the first year (1996). The FAA estimates training costs
(including wages, transportation, and equipment) to be $135.50 for each
flight attendant per session. Total instruction costs, which include
$125 per session per instructor, were calculated by assuming 20 flight
attendants per class (900 flight attendants in 1996). Maintenance labor
($28 per session) is needed to clean up after training. The 10-year
cost for part 135 flight attendants to receive PBE training would be
$323,500 ($250,500, discounted).
3. Certification. Section 121.161(a)--Airplane limitations: Type of
route. This section would require that an adequate airport be within
one hour flying time at single engine cruising speed along all points
of the designated flight route. There is no similar requirement in part
135. This requirement would not affect current part 135 operators in
the 48 states, but it could affect 6 of the 12 part 135 operators in
Alaska. The FAA estimates that about 150 flights would be affected
annually, with reroutings adding about one-half hour to each flight.
Applying an hourly variable operating cost of $500, the FAA estimates
that annual operating costs would increase by about $37,500. Over the
10-year period, this section would cost an estimated $375,000
($263,000, discounted).
Sections 121.177--Takeoff limitations. Section 121.177(a)(1) would
require that an airplane be able to stop safely on the runway, as shown
by the accelerate stop distance data, at any time during takeoff until
reaching critical-engine failure speed. While this requirement would
have minimal effect on operators, manufacturers would be required to
calculate accelerate-stop distances for recertification. The FAA
estimates that recertification would cost about $5,000 per airplane
type for each of the 13 existing commuter category type certificated
airplanes, for a first year cost of about $65,000. There would be no
ascribable costs for future type certificate airplanes because
accelerate-stop distances would be demonstrated during the normal
certification process. Over the 10-year period, this section would cost
an estimated $65,000 ($61,000, discounted).
Section 121.305--Flight and navigational equipment. Section
121.305(j) would require a third attitude indicator. This device is not
required on part 23 certificated airplanes, although at least one model
(Beech 1900-D) has it as standard equipment. The FAA proposes a one-
year retrofit period. The FAA estimates that it would cost about
$50,000 for a manufacturer to design, test, and document the results
for FAA acceptance. The FAA also estimates that it would cost $16,000
per airplane to retrofit this device, which would add about 5 pounds of
weight. For newly manufactured airplanes, installation would cost about
$8,000. The annual maintenance, inspection, and repair costs would be
about 10 percent of the installation costs on a new airplane. After
adjusting for the number of existing commuter category airplanes that
have this equipment, the FAA estimates that first-year retrofitting
would cost about $12.8 million. The annual weight penalty would be
between $9,000 and $10,000. The annual compliance cost for newly
manufactured airplanes would be between $160,000 and $200,000. The
annual maintenance cost would be between $450,000 and $600,000. Total
costs over 10 years would amount to about $19.2 million ($18.4 million,
discounted).
Section 121.308--Lavatory fire protection. Section 121.308(a) would
require each lavatory to have a smoke detector system connected to a
warning light in the flight deck and to a warning [[Page 16270]] light
or aural warning that can be detected by a flight attendant in the
passenger cabin. Section 121.308(b) would require each lavatory to have
a built-in automatic fire extinguisher in each disposal receptacle.
These requirements are also contained in section 25.854 for airplanes
type certificated after 1991. There are no such requirements in part
135 or part 23. The FAA proposes to apply these requirements to
airplanes with 20 or more seats currently operating under part 135. The
cabin warning signal would not be applied to airplanes with 19 or fewer
seats because they have no flight attendant.
The FAA estimates that about half of the 272 airplanes used in part
135 operations and certificated before 1991 as part 25 airplanes do not
have these fire warning and fire extinguishing devices. However, nearly
all recently manufactured airplanes do have them. Consequently, the FAA
assumes that all newly manufactured airplanes would have these devices
even in the absence of a regulatory requirement. Thus, there would be
no incremental compliance cost for newly manufactured airplanes.
The FAA estimates that it would cost about $175 to retrofit a
warning signal that would add about 5 pounds of weight and involve
about $50 a year in maintenance and about $15 a year for replacement.
The FAA estimates that it would cost about $300 to retrofit receptacle
automatic fire extinguishers that would add about 5 pounds of weight,
cost about $50 per year in maintenance, and cost about $25 per year for
replacement. Based on these assumptions, the retrofitting costs would
be about $23,800 for fire detectors and about $40,800 for receptacle
fire extinguishers. The annual weight penalty for both devices would be
about $4,000. The annual maintenance and replacement costs would be
about $20,000. The total costs over 10 years would be about $263,000
($206,000, discounted).
Sections 121.310 (b), (c), (d), (e), and (h)--Cabin emergency
lighting equipment. These sections are analyzed together because they
comprise an integrated system. Section 121.310(b) requires interior
emergency exit markings (1) above the aisle near each emergency exit or
at another ceiling location if the aisle height is too low and (2) next
to each emergency exit. Section 121.310(c) requires an emergency
lighting system that is independent of the main lighting system's power
supply and that illuminates each exit sign and the floor proximity
emergency escape path marking. Section 121.310(d) requires that these
emergency lights (1) be automatically activated in a crash landing or
whenever the airplane's normal electric power is interrupted and (2)
have the capability to be manually operated from the flight deck and
from a point in the cabin readily accessible to the flight attendant's
seat. Section 121.310(e) requires luminescent emergency exit operating
handles for airplanes certificated after May 1, 1972, and allows
painted emergency exit operating handles in airplanes certificated
prior to that date. Section 121.310(h) requires airplanes to have the
independently powered exterior emergency exit lighting specified in
section 25.812 (f) and (g) to illuminate both the area where the first
step out of the exit would be taken as well as the area (for an
overwing exit) where the first step off the wing would be taken.
There are no parallel requirements in part 135, although an
airplane type certificated under part 23 must have a self-illuminating
exit or an independently electrically illuminated sign under section
23.811(b). Commuter category airplanes do not have these signs,
markings, the associated independent electrical system, and exterior
lighting. The FAA proposes a 2-year retrofit period. The emergency
lighting would meet the requirements of section 121.310(e) for an
illuminating emergency exit handle.
The FAA estimates that this total retrofit electrical package would
cost about $2,500 for a commuter category airplane and would add about
20 pounds of weight. The FAA also assumes that the annual maintenance
and replacement costs would be about 10 percent of the retrofitting
cost. For newly manufactured airplanes, the installation cost would be
about $2,000. On this basis, the retrofitting cost would be about $1
million per year for the first 2 years. The weight penalty cost would
be about $22,500 in the first year and about $45,000 in each year
thereafter. The annual maintenance cost would be between $200,000 and
$250,000. Since newly manufactured airplanes would largely replace
existing airplanes, these weight penalty, maintenance, and replacement
costs are included in the retrofitting costs above. The total costs
over 10 years would be about $3.6 million ($2.5 million, discounted).
Section 121.310(g)--Exterior exit marking. Section 121.310(g) would
require each emergency exit and the means of opening that exit from the
outside to be marked (painted) on the outside of the airplane. The exit
must be marked by a 2 inch colored band. There are no similar
requirements in part 135 but airplanes certificated under part 23 must
have a marking that is readily identifiable under Sec. 23.811(a). The
FAA estimates that about 90 percent of airplanes in part 135 operation
have markings that would comply with section 121.310(g). For the
remaining 10 percent that would need marking changes, this requirement
would cost about $100 per airplane. On this basis, the FAA estimates
that one-time repainting costs would be about $8,000 ($7,400,
discounted) in 1996.
Section 121.311(g)--Shoulder Harnesses. This section requires
flight attendant seats to have shoulder harnesses. There is no similar
requirement in part 135. This requirement would only affect airplanes
with 20-30 seats because airplanes with fewer seats do not have flight
attendants. The FAA proposes to require that harnesses be installed
within one year. The FAA believes that a retrofit and an installation
on a new airplane would cost about the same--about $300 for the harness
and about four hours for the installation (at about $20 per hour). The
harnesses would have a 20-year life span and would involve about $15 in
annual maintenance and inspection. On that basis, the first year
compliance cost would be about $135,000, and the annual compliance cost
for new airplanes would be between $15,000 and $19,000. The total costs
over 10 years would be about $284,000 ($228,000, discounted).
Section 121.312(b)--Passenger Seat Cushion Fire Blocking Materials.
This section would require that passenger seat cushions comply with the
fire protection standards in section 25.853(b). This section would
require that existing seat cushions in commuter category airplanes be
replaced by fire resistant cushions. The proposed rule would provide a
2-year retrofit period plus 2 additional years if there are
demonstrated difficulties in installing fire resistant seat cushions.
Although different compliance costs could be incurred by different
commuter airplane models because the seat construction differs among
these models, the FAA estimates that retrofitting a fire blocking seat
cushion would cost approximately $20,000 per airplane and would add a
total of 38 pounds (2 pounds per seat) of weight. Assuming that an
equal number of airplanes would be retrofitted every year for the next
4 years, the FAA estimates that retrofitting seats would cost about
$3.8 million in the first year and about $3.4 million in each of the
next 3 years. The weight penalty would be about $20,000 in the first
year and increase by $20,000 each year for 3 years until reaching an
annual total of $80,000. [[Page 16271]] There would be no incremental
inspection, maintenance, or repair costs because, in general, seat
cushions are reupholstered rather than replaced, and the reupholstering
cost would be independent of the underlying structure of the seat
cushion.
For newly manufactured airplanes, there would be no incremental
installation costs because it would take the manufacturer the same
amount of time to install a seat with a fire blocked cushion as it
would to install a seat with a non-fire blocked cushion. Thus, the only
incremental cost for fire blocking seat cushions in newly manufactured
airplanes would be the cost difference between fire blocked seats and
non-fire blocked seats. The FAA estimates that this differential would
be about $5,000 per airplane and add about 2 pounds of weight per seat.
Therefore, the annual cost for newly manufactured airplanes would be
about $150,000. Since these newly manufactured airplanes would largely
replace existing airplanes, the weight penalty cost is included in the
retrofitting cost estimates. Over the 10-year period, this cost would
be about $15.5 million ($12.8 million, discounted).
The FAA, however, believes that these unit costs for both
retrofitted and new installations would likely decrease over time, as
fire blocked seats become the industry norm rather than an infrequently
selected option. As they become more widely used, the large initial
engineering, development, and testing costs would be amortized over
more seats, and the per seat production costs would similarly decline
as the number manufactured increases. Nevertheless, in order not to
underestimate the compliance costs, the FAA has not incorporated any
prediction concerning potential reductions in future fire blocked seat
costs. The FAA requests information and comments on this assumption.
Section 121.314--Cargo and Baggage Compartments. Sections 121.314,
25.855, 25.857, 25.858, and part 25 appendix F part III would require
fire retardant fiberglass cargo liners, smoke detectors that signal the
flight deck, and fire extinguishing systems in Class C and D cargo
baggage compartments. There are similar requirements for commuter
category airplanes in section 23.853(d)(3). This section would require
new production commuter category airplane cargo compartments to meet
these part 121 and part 25 requirements within 4 years. Over the 10-
year period, the estimated cost of compliance for these three
requirements would be $5.5 million ($3.4 million, discounted).
Section 121.314 was amended in 1989 to require fire retardant
fiberglass cargo liners in newly manufactured part 25 airplanes, but
the requirement to retrofit airplanes in part 121 operation was limited
to airplanes with cargo areas greater than 200 cubic feet. The FAA
estimates that the initial engineering, development, and testing costs
would be about $10,000 per type certificate. Although there would be no
incremental labor costs for liner installations in newly manufactured
airplanes, the FAA estimates that the incremental materials would cost
about $10,000 and would add about 5 pounds of weight. The FAA assumes
that there would be no incremental inspection, maintenance, or repair
costs. Based on these assumptions, the FAA estimates that the annual
incremental cost for newly manufactured airplanes, beginning after 4
years, would be between $300,000 and $350,000. The annual weight
penalty would be about $4,000 in the first year, increasing by $4,000
each year thereafter until the commuter category airplane fleet is
composed solely of complying airplanes.
With respect to fire detection systems, the FAA estimates that the
initial engineering, development, and testing costs would be about
$20,000 per type certificate. The FAA also estimates that it would cost
about $4,500 per newly manufactured airplane to install this system and
that it would add about 5 pounds of weight. The FAA assumes that
inspection, maintenance, and repair costs would be about 10 percent of
the installation cost. The annual incremental cost for newly
manufactured airplanes, beginning after 4 years, would be about
$130,000. The weight penalty would be about $4,000 in the first year
and increase by $4,000 each year thereafter until the commuter category
airplane fleet is composed solely of complying airplanes. Similarly,
inspection, maintenance, and repair costs would be about $13,500 in the
first year and would increase by $13,500 each year thereafter.
With respect to automatic fire extinguishing systems, the FAA
estimates that the initial engineering, development, and testing costs
would be about $30,000 per type certificate. The FAA also estimates
that it would cost about $9,000 per newly manufactured airplane to
incorporate this system and that it would add about 10 pounds of
weight. The FAA assumes that inspection, maintenance, and repair costs
would be 10 percent of the installation cost. The annual incremental
cost for newly manufactured airplanes would be about $430,000. The
weight penalty cost would be about $8,000 in the first year and would
increase by $8,000 each year thereafter until the commuter category
airplane fleet is composed solely of complying airplanes. Similarly,
maintenance and repair costs would be about $27,000 in the first year
and would increase by $27,000 each year thereafter.
Section 121.342--Pitot Heat Indication System. This section would
require a pitot heat indication system to indicate to the flight crew
whether or not the pitot heating system is operating. Part 23.1323
requires that a pitot heat system for most commuter category airplanes
but there are no requirements for a heat indication system. The FAA
proposes to require that existing commuter category airplanes have
these heat indicating systems within four years. The FAA estimates that
it would cost a manufacturer about $10,000 for initial engineering
design, testing, and FAA approval. The FAA also estimates that it would
cost about $500 to retrofit each airplane. There would be minimal
weight penalty, inspection, maintenance, and repair costs. Over the 10-
year period, this cost would be $1.2 million ($1 million, discounted).
Section 25.703--Takeoff Warning System. This section requires an
aural warning at the beginning of the takeoff roll when the wing flaps,
leading edge devices, wing spoilers, speed brakes, and longitudinal
trim devices are not in a position that would allow a safe takeoff.
There is no similar requirement in part 23. However, commuter category
airplanes do not have leading edge devices, wing spoilers, or speed
brakes. Further, these airplanes have demonstrated the ability to
safely continue takeoff under abused trim conditions. As a result, the
only additional monitoring would be for the flap settings.
Currently, there is rulemaking on the installation of digital
flight data recorders (DFDR) in future airplanes. As DFDRs would
monitor flap settings if they are required in future production
airplanes, the FAA estimates that the average cost to engineer,
develop, test, and install an aural warning would be about $1,000 per
airplane. If, however, the DFDRs are not required, the FAA estimates
that the average cost to engineer, develop, test, and install an aural
takeoff warning device would be about $16,000 per airplane. The annual
inspection, maintenance, and repair costs would amount to about 10
percent of the installation costs. The FAA proposes to require these
aural warning devices on new production commuter
[[Page 16272]] category airplanes produced four years or more after the
final rule effective date. On that basis, if DFDRs are required
equipment, the FAA estimates that the annual incremental cost for newly
manufactured airplanes, beginning after 4 years, would be between
$30,000 and $35,000, with total costs over the 10-year period of about
$200,000 ($120,000, discounted). The annual maintenance cost would be
between $3,000 and $4,000, increasing by about $3,500 every year
thereafter, and totaling $80,500 over 10 years ($45,000, discounted).
If DFDRs are not required equipment, then the annual incremental cost
for newly-manufactured airplanes, beginning after 4 years, would be
between $480,000 and $560,000, with total costs over 10 years of about
$3.0 million ($1.8 million, discounted). The annual maintenance cost
would be between $48,000 and $56,000, with total costs over 10 years of
about $1.1 million ($650,000, discounted). The total compliance costs
over 10 years would equal about $4.1 million ($2.5 million,
discounted).
Section 25.807(e)--Ditching Emergency Exits. This section would
require exits that are usable while the airplane is afloat, even if the
airplane is not certificated for ditching. Amendment 23-46 to part 23
contains a similar requirement but all current commuter category
airplanes were type-certificated before this amendment became
effective. However, the overwing exits on nearly all commuter category
airplanes already qualify as ditching exits. The provision would
require the manufacturer to demonstrate to the FAA that the overwing
exits can qualify. The proposed rule would allow manufacturers two
years to provide this demonstration. The FAA estimates that such a
process would cost about $5,000 for each of the 13 commuter category
type certificated airplane models. On this basis, the compliance cost
over the first 2 years would be about $65,000 ($59,000, discounted).
4. Maintenance. The FAA estimates that the cost of compliance for
maintenance would amount to $105,000 over the next 10 years. Affected
operators would incur costs to revise and upgrade their continuous
airworthiness maintenance programs (CAMP). This and other cost
considerations are discussed below.
Section 121.361--Applicability. The proposed rule would require
affected operators with airplanes of 10 or more passenger seats to have
a part 121 maintenance program. The proposed rule would require all
part 135 commuters currently operating under a CAMP to revise and
upgrade their program. Since these operators already have a CAMP, the
only requirement of the proposed rule would to revise and upgrade their
existing program. The FAA estimates the potential cost of this section
is $105,000 ($98,000, discounted).
Other cost considerations. In addition to those maintenance cost
estimates for equipment contained in the cabin safety, operations, and
certification areas of this evaluation, the proposed rule may impose
additional costs for training maintenance personnel. Compliance with
the more complexed equipment requirements of the proposed rule may
necessitate additional training of maintenance personnel. Despite
surveying several small operators to obtain information on the costs of
such training, the FAA needs more data to estimate such costs. The FAA
believes that some commuters may incur higher training costs as the
result of the proposed rule, though to what extent is uncertain. As the
result of this uncertainty, the FAA solicits comments from the aviation
community as to what extent the affected commuters would incur
additional costs for training maintenance personnel.
5. Part 119. Part 119 is a proposed new part that consolidates the
certification and operations specifications requirements for persons
who operate under parts 121 and 135. Most of these regulations are
currently in SFAR 38-2; therefore, moving them to part 119 would not
impose any additional cost. However, some sections currently under
parts 121 and 135 would be moved to part 119. The costs imposed by
those sections on the affected part 135 operators are presented below.
Over 10 years, the costs of these provisions are estimated to be $2.2
million ($1.8 million, discounted).
Sections 119.33(c), 121.163--Proving tests. When an operator
changes the type of operation it conducts or purchases an airplane that
is new to that operator, that operator must go through a proving test.
A proving test consists of a non-passenger flight in which the operator
proves it is capable of safely conducting that type of operation or
airplane. Going from a part 135 operation to part 121 operation would
be a change in operation and be subject to a proving test. Under the
proposed rule, there would be two costs associated with proving tests--
initial and recurring. The initial cost would be proving tests for the
existing fleet (existing as of 1996). The recurring costs would be for
any future operational or airplane changes that would normally require
a proving test as required by the existing rule.
The current regulation prescribes 50 hours of flight for a part 121
(section 121.163(b)(1)) proving test. This is the number that part 135
operators switching to part 121 would be subject to. However, the
current rule also allows for deviations from the 50-hour requirement. A
sample of FAA records on proving tests shows that, since 1991, there
has been a wide range of hours actually flown for proving tests. This
is because the amount that the operator is allowed to deviate from the
prescribed number of hours is based on what that operator requests and
on what the FAA will allow. However, based on the above sample, the FAA
assumes for the purposes of this analysis, the average deviation would
be 50 percent, or 25 hours.
The FAA estimates that 25 hours of proving flights would cost the
operator approximately $13,400 for a 20-to-30-seat airplane and $12,900
for a 10-to-19-seat airplane. The difference in cost is due to the
flight attendant being on board in the 20-to-30-seat airplanes. These
costs are based on the following assumptions:
Airplane Operation Cost
Hours of test flight time, 25
Airplane operating cost/hr., $370
Pilot salary per hr., $47
Flight attendant per hr., $20
Management Costs
Manager salary per hr., $23
Secretary salary per hr., $10
Maintenance salary per hr., $21
Days of preparing for test, 3
If there is a proving test for each type of airplane for each part
135 carrier affected by the proposed rule, then there would be
approximately 98 proving tests to bring the current fleet up to part
121 standards. The cost to the 69 part 135 operators in 1996 for the
initial 98 proving tests would be approximately $1.27 million. Of this
cost, approximately $281,000 would be incurred by operators with 20-to-
30-seat airplanes and $992,000 by operators with 10-to-19-seat
airplanes.
The recurring costs would accrue over the next 10 years as a result
of the affected operators having to conduct a part 121 proving test
instead of a part 135 proving test. If the prescribed number of hours
for part 135 and part 121 operators is 25 and 50 respectively, and the
average deviation is 50 percent, then the difference in hours would be
13 [(50-25) x .5]. Also, the FAA found from the survey of its records
that, on average, operators conduct one proving test every four years,
which equates to approximately two tests over the 10-year period.
[[Page 16273]]
If the average number of operators over the next 10 years is 75,
then the FAA will conduct approximately 15 ((75 operators x 2 tests)/
10 years) proving tests annually--12 for 10-to-19-seat airplanes and 3
for 20-to-30-seat airplanes. The FAA estimates that the increased cost
of a proving test per part 135 operator would be $6,040 for a 20-to-30-
seat airplane and $5,790 for a 10-to-19-seat airplane. For all affected
operators, the proposed rule would impose approximately $87,600
annually in additional costs for proving tests. Over the next 10 years,
the total recurring cost of this provision would be $876,000 ($616,000,
discounted).
Section 119.67--Directors of maintenance/operations and chief
inspector. The proposed rule would impose costs by expanding the
applicability of the part 121 director requirements to include the
affected part 135 operators. This proposal would impose costs on
commuter operators who would have to require directors of maintenance
and operations to meet the part 121 employment experience standards.
The proposed rule also would impose costs by expanding the
requirements themselves, thereby potentially affecting all part 121
operators. These costs would occur due to the expanded requirement that
directors have both technical and management experience. The existing
rule requires one or the other. The part 121 standards at issue are as
follows:
--Director of Maintenance--five years (instead of three years for part
135 operators) of maintenance experience and one year of managerial or
supervisory experience (in part 135 this is optional);
--Director of Operations--three years experience as a pilot in command
(same for part 135) and three years supervisory or managerial
experience (in part 135 this is optional).
For commuter operators, these new standards could potentially
impose increased personnel costs. Costs would accrue to the extent that
operators would have to pay higher wages. The FAA has not identified
any existing directors (commuter or air carrier) who would not meet the
proposed standards. Thus, the proposed rule would not impose any costs
initially.
Costs could accrue in the future as new directors need to be hired
since commuter operators may have to pay a higher wage that would
commensurate with the new experience level. This assumes that a
director candidate with two additional years of maintenance experience
or a candidate with three additional years of managerial or supervisory
experience, for example, would necessarily command a higher wage than
someone who did not have the same years of experience. This higher
personnel cost also could affect current part 121 operators who, in the
future, may be prohibited from hiring director candidates who only have
technical or management experience. Under the proposed rule, they would
have to hire a candidate with both, and therefore, potentially pay a
higher salary.
The proposed rule would also require current commuter operators to
designate a chief inspector. The requirements for the chief inspector
are that they have one year of experience in a supervisory position
maintaining large aircraft. To the extent that an operator does not
have anyone who meets this qualification, and therefore, has to hire an
additional person, then the proposed rule would impose costs.
The FAA does not know to what extent commuter operators would have
to pay director's wages higher than they otherwise would or hire an
additional person for chief inspector. In regard to those potential
wages and hirings, the FAA solicits comment from the industry.
Section 121.159--Single-engine airplane costs. The proposed rule
would prohibit the use of single-engine airplanes in scheduled
passenger service under part 121. The FAA has identified 10 single-
engine airplanes with 10 seats or more involved in scheduled passenger
operations. These airplanes are flown by four commuter operators, all
in Alaska. As a result of the proposed rule, these operators would need
to either sell these airplanes, change them to all-cargo operations, or
remove seats so that there are no more than nine passenger seats. Since
most of these planes have 10 passenger seats, the FAA believes that the
most probable outcome would be for the operators to remove one
passenger seat from scheduled passenger service, and thereby, operate
the airplane under part 135.
The FAA assumes that there would be no cost to remove the seats
since typically, the tenth passenger seat on these airplanes can also
be used as a co-pilot seat since it is located next to the pilot. Thus,
operators could avoid the cost of removing the seat by not allowing
passengers to sit there. However, potential costs would accrue from the
lost revenue that operators would incur from not being able to sell a
ticket for that tenth seat.
Costs would accrue to the extent that the reduced capacity (due to
the seat removal) would not meet system-wide passenger demand. The FAA
used a model that correlates the system-wide load factor to unmet
demand (which is the basis to measure revenue loss). From this model,
the FAA calculated that an operator would incur lost revenue of $1,535
annually due to the loss of one seat on these airplanes. Total cost of
the removal of passenger seats for the 10-year period is $15,350
($10,781, discounted).
Benefits
The commuter segment of the U.S. airline industry is a vital and
growing component of the nation's air carrier system. Commuter aircraft
transport passengers between small communities and large hubs, and they
play a vital role in transporting passengers over short distances,
regardless of airport or community size. In many cases they are a
community's only convenient link to the rest of the nation's air
transportation system.
Over the past 15 years, the commuter industry has grown
considerably. In 1993, for example, enplanements for commuter carriers
grew by more than 10 percent, far outpacing the one percent growth of
enplanements on larger carriers. Forecasts of commuter industry
activity give every indication that growth in this segment of the
airline industry will continue to be robust during the next 10 years.
Many commuter carriers operate in partnership with major air
carriers, providing transportation to and from hub locations that would
be unprofitable with larger aircraft. These partnerships frequently
operate within a seamless ticketing environment, in which the major
carrier issues a ticket that includes one or more trip segments on a
commuter. As these relationships between major carriers and commuter
airlines continue to grow, it will become more common for the average
long distance flyer to spend some time on a commuter.
The combined effect of a continuing growth in the commuter industry
and the ever growing relationship between major carriers and their
commuter counterparts will progressively blur the distinction between
commuter and major air carriers. In other words, passengers will no
longer readily distinguish between one type of carrier and another, but
will view each component as simply a part of the nation's air
transportation system. Therefore, it is important to establish a common
approach toward regulatory safety. Air carrier accidents affect public
confidence in air transportation, [[Page 16274]] perhaps more than
accidents in any other mode.
What is the public value or benefit of air transportation? It would
be nearly impossible to calculate something that has been so widely
accepted in the American lifestyle. One figure that represents the very
least value the public places on traveling by air is the annual amount
the public spends on air transportation, or in other words, annual air
carrier revenues. In 1994, the FAA estimated that amount to be $88
billion. If public confidence wavers by only one percent, annual total
air carrier revenues would be reduced by $880 million, which is a
minimum dollar estimate of the cost that the public would experience in
terms of being denied a fast, safe means of transportation. Some
studies have been done to measure the effect of change in public
confidence. In 1987, the FAA studied the impact of acts of terrorism on
aircraft travel on North Atlantic Routes. Correlations were calculated
between the amount of media attention given to a specific act of
terrorism and corresponding traffic reductions. The study concluded
that there were short-term, carrier-specific correlations between the
two. Following a well publicized incident, ridership on the carrier
experiencing the incident would drop as much as 50 percent for a few
months. In another instance, a major air carrier reported that two
catastrophic accidents in 1994 resulted in a half-year revenue loss to
that carrier of $150 million. These examples relate to carriers
utilizing large aircraft, but point out that public use of air
transportation can be affected by the prevailing level of public
confidence.
The American public demands a high degree of safety in air travel.
This is manifested by the large amount of media attention given to the
rare accidents that do occur, by the short term reductions in revenues
carriers have experienced following accidents or acts of terrorism, and
by the pressure placed on the FAA as the regulator of air safety to
further reduce accident rates.
The FAA is confident that the proposed rule would further reduce
air carrier accidents. The rule proposes dozens of changes in the way
that smaller air carrier airplanes are built, maintained, and
operated--all aimed at eliminating or at the very least minimizing the
differences between small and large airplanes and the way they operate.
Many of these changes result in small, unmeasurable safety improvements
when examined in isolation, but taken together result in a measurable
difference. That measurable difference ultimately is to bring commuter
accident rates down to the very low level of that of the major
carriers. That rate is nearing the point of rare, random events.
What follows is a quantified analysis of the potential benefits of
the proposed rule based on the assumption that it will bring about
further reductions in the commuter accident rate. The analysis finds
that measurable potential benefits substantially exceed the cost of the
rule, but the FAA believes that the larger but nonquantifiable benefit
is public confidence in air transportation.
Potential Safety Benefits. The FAA estimates that from 1996 to
2005, the proposed rule has the potential to prevent approximately 94
accidents, providing an estimated benefit of $555 million (or $393
million, discounted). This benefit is based on the assumption that the
proposed rule would significantly close the accident-rate gap between
airplanes with 10 to 30 seats now operating under part 135 and
airplanes with 31 to 60 seats now operating under part 121. FAA is
using the smaller part 121 airplanes for comparison because they
operate more similarly to 10-to-30-seat airplanes than do the larger
part 121 airplanes.
Typically, the FAA estimates aviation safety benefits based on
rates of specific types of accidents that the rulemaking would prevent
in the future. However, for this rulemaking, the FAA used a more broad-
based accident rate. This approach was adopted because the scope of the
various components of the proposed rule covers such a wide range and
many of those components are interrelated. For instance, additional
safety equipment like PBEs could save lives; but PBEs are of little use
if the flight crew is too tired to use them in a timely and correct
manner. It would be extremely difficult to determine the benefit of
PBEs completely separate from flight-time limitations.
To estimate the potential benefits of the proposed rule, the FAA
assembled a database of relevant part 121 and part 135 commuter
accidents between 1982 and 1993 based on National Transportation Safety
Board (NTSB) accident reports. The FAA then divided the annual number
of accidents by the annual number of scheduled departures to get the
annual accident rate. The FAA took the difference in annual accident
rates for 10-to-30-seat, part 135 airplanes and 31-to-60-seat, part 121
airplanes and multiplied them by the projected annual number of
scheduled departures for 10-to-30-seat part 135 airplanes. This gives
the projected annual number of accidents that the proposed rule could
potentially prevent. The FAA estimates that from 1996 to 2005, the
number of accidents that potentially could be prevented is 94. Then,
multiplying the number of potentially prevented accidents by the
average cost of a part 135 accident ($5.9 million) gives the total
potential benefits of the proposed rule, $555 million from 1996 to
2005. The present value of this benefit is $393 million.
The extent to which the accident rate gap could be closed by the
proposed rule is not certain. This uncertainty is based on the
following factors:
--Inherent differences in airplane performance for airplanes with fewer
than 30 seats and airplanes with more than 30 seats;
--Inherent differences within the 10-to-30-seat range, which can
include single- and multi-engine piston and turboprop airplanes;
--The proposed regulations would still allow some exemptions for
airplanes with 10 to 30 seats, especially with respect to
certification;
--Not all part 121 requirements would be applied to 10-to-30-seat
airplanes with this proposed rule (flight data recorders, cockpit voice
recorders, and crew training for instance);
--To the extent that past FAA rulemaking has been effective in
preventing accidents over the years, the accident rates used in this
analysis already reflect the accidents prevented by past rulemaking.
However, to the extent that some recent rules may not be fully
implemented, the potential benefits of the proposed rule will be
overstated;
--There is a higher proportion of 10-to-30-seat airplanes operating in
Alaska, which has a considerably higher accident rate than the rest of
the country;
--In some instances, the proposed rule would not prevent a potential
accident but rather mitigate it by lessening the severity of the
casualties and airplane damage;
--The accident rates reflect the extent to which part 135 operators are
already in compliance with the proposed rule. To the extent that
differences in part 121 and part 135 operating procedures and airplane
standards can be reduced, so too can the difference in their accident
rates.
The extent to which the accident rate gap closes will determine how
much of the potential $393 million in potential benefits actually
accrues. Given the scope of the proposed rule, the FAA anticipates a
significant amount of the accident rate gap to close.
Comparison of Costs and Benefits
The proposed rule is expected to generate safety benefits in the
amount of [[Page 16275]] $555 million ($393 million, discounted) from
1996 to 2005. Over the same period, the proposed rule would impose
costs of $275 million ($199 million, discounted).
There are two important points that should be noted about the
benefits estimate. First, the estimate has not been adjusted to account
for accidents that would be prevented by other NPRMs that the FAA has
issued. One NPRM in particular, the Air Carrier Training Program, would
prevent many of the same accidents that this proposed rule would
prevent (the cost of that rule to commuter operators would be $36
million). Second, the FAA is not certain how effective the proposed
rule would be in completely closing the accident rate gap between 10-
to-30-seat airplanes and 31-to-60-seat airplanes.
In spite of these uncertainties, the FAA contends that the proposed
rule would be cost-beneficial. This assessment is based on the fact
that the combined cost of the Air Carrier Training Program NPRM and
this NPRM, totaling $235 million ($199 + $36), is still less than the
total potential benefits of this NPRM. Both NPRMs would have to be only
60 percent effective in closing the accident rate gap between 10-to-30-
seat airplanes and 31-to-60-seat airplanes for the benefits to exceed
the costs.
Initial Regulatory Flexibility Determination and Analysis
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily or
disproportionately burdened by Federal regulations. The RFA requires a
Regulatory Flexibility Analysis if a proposed rule would have ``a
significant economic impact on a substantial number of small
entities.'' FAA Order 2100.14A outlines FAA's procedures and criteria
for implementing the RFA. With respect to the proposed rule, a ``small
entity'' is a commuter operator (with 10 to 30 seats) that owns, but
does not necessarily operate, nine or fewer airplanes. A ``significant
economic impact on a small entity'' is defined as an annualized net
compliance cost to a small commuter operator which is greater than or
equal to $67,000. A ``substantial number of small entities'' is defined
as a number that is 11 or more and which is more than one-third of the
small commuter operators subject to the proposed rule.
A. Initial regulatory flexibility determination. The number of
small commuter operators that would be affected by the proposed rule
was based on the average forecasted number of operators owning 10-to-
30-seat airplanes for the 10-year period (1996 to 2005). Using the
percentage of small commuter operators to total commuter operators in
1994, the FAA estimates that an average of 24 of the 75 forecasted
commuter operators would be defined as small. The FAA also calculates
that these 75 operators would own 1,267 airplanes with 10 to 30 seats,
of which the 24 small commuter operators would own 108 airplanes. In
addition, the FAA estimates that 23 of the 24 small commuter operators
would own 105 airplanes with 10 to 19 seats and 2 of the 24 small
commuter operators would own 3 airplanes with 20 to 30 seats (this
means that one operator owns both 10-to-19-seat airplanes and 20-to-30-
seat airplanes.)
The discounted cost of the proposed rule over the 10-year period
would be $199 million or about $28 million annualized at 7 percent, of
which 1) those operators owning 10 to 19 seat airplanes would account
for about $150 million or $21 million annualized and 2) those operators
owning 20 to 30 seat airplanes would account for $48 million or $7
million annualized. The 24 small commuter operators would account for
$20 million (discounted) or $2.9 million annualized, of which the 23
small commuter operators owning 10-to-19-seat airplanes would account
for about $19.9 million (discounted) or about $2.8 million annualized
and the 2 small commuter operators owning 20-to-30-seat airplanes would
account for about $305,000 (discounted) or about $43,000 annualized.
The annualized cost per airplane would be about $27,000 for 10-to-19-
seat airplanes and would be about $14,500 for 20-to-30-seat airplanes.
In analyzing the major sections of this proposed rule the FAA
estimates that: operations would account for $141 million (discounted)
or $20 million annualized; maintenance would account for $90,000
(discounted) or $13,000 annualized; cabin safety would account for $16
million (discounted) or $2 million annualized; part 119 would account
for $2 million (discounted) or $236,000 annualized; and certification
would account for $39 million (discounted) or $6 million annualized.
Given the threshold annualized cost of $67,000 for a small commuter
operator, the FAA estimates that this proposed rule would have a
significant economic impact on any operator owning more than two 10 to
19 seat airplanes (2 airplanes x $27,000 per airplane = $54,000) or any
operator owning more than four 20 to 30 seat airplanes (4 airplanes x
$14,500 per airplane = $58,000). In forecasting the number of airplanes
that each small operator would own, the FAA assumed that the existing
small operators would continue to own the same number of airplanes they
currently own and the additional forecasted number of small operators
would each own 9 airplanes that have 10 to 19 seats (so as not to
underestimate the impact on small entities). Fourteen small commuter
operators owning 10-to-19-seat airplanes and one small commuter
operator owning both 10-to-19-seat and 20-to-30-seat airplanes would
each incur an annualized cost of more than $67,000. However, the one
small commuter operator owning 20-to-30-seat airplanes only would not
incur annualized costs exceeding the $67,000 threshold. The FAA has
made a determination that the proposed rule would result in a
significant economic impact on a substantial number of small entities.
B. Initial regulatory flexibility analysis. As the proposed rule
could have a significant economic impact on a substantial number of
small part 135 commuter operators, an initial regulatory flexibility
analysis has been prepared. This analysis assures that agencies have
examined selected regulatory alternatives which could minimize the
economic burdens of the proposed rule on small entities. As delineated
in section 603(b) of the RFA, this initial regulatory flexibility
analysis is required to identify: (1) the reasons why the agency is
considering the action, (2) the objectives and legal basis for the
proposed rule, (3) the kind and number of small entities to which the
proposed rule will apply, (4) the projected reporting, recordkeeping,
and other compliance requirements of the proposed rule, and (5) all
Federal rules which may duplicate, overlap or conflict with the
proposed rule. Section 603(c) of the RFA further requires that each
initial regulatory flexibility analysis contain a description of any
significant alternatives to the proposed rule which accomplish the
stated objectives of applicable statutes and which minimize any
significant economic impact of the proposed rule on small entities. As
required by sections 603(b) and (c), the following analysis addresses
the proposed rule as it relates to the affected small commuter
operators.
A. Why agency action is taken. The main reason for this proposal is
that the FAA Administrator, when prescribing safety regulations, is
required by statute to consider ``the duty of an air carrier to provide
service with the highest possible degree of safety in the public
interest.'' The FAA has determined that the most appropriate way to
meet this statutory mandate is to require scheduled passenger
operations in [[Page 16276]] airplanes with 10 or more passenger seats
and scheduled passenger operations in turbojets to meet, where
appropriate, at least the minimum requirements of part 121. The need
for this rulemaking is supported by a study conducted by the National
Transportation Safety Board, testimony from congressional hearings, and
accident statistics. More detailed reasons for the agency action are
provided in the NPRM.
B. Objective of and legal basis for the proposed rule. The
objective of the proposed rule is to increase safety in scheduled
passenger-carrying operations. The proposed rule would also clarify,
update, and consolidate the certification and operations specifications
requirements for persons who operate airplanes for compensation or
hire. This objective is more thoroughly discussed in the preamble to
the NPRM.
The legal basis of the proposed rule is 49 U.S.C. App. 1354(a),
1355, 1356, 1357, 1401, 1421-1431, 1472, 1485, 1502; 49 U.S.C. 106(g)
(Revised Pub. L. 97-449, January 12, 1983).
C. Description of the small entities affected by the proposed rule.
The proposal would require certain commuter operators that now conduct
operations under part 135 to conduct those operations under part 121.
The commuter operators that would be affected are those conducting
scheduled passenger-carrying operations in airplanes that have a
passenger seating configuration of 10 to 30 seats and those conducting
scheduled operations in turbojets.
The number of small entities that would be affected by the proposed
rule is based on the average forecasted number of operators for the 10-
year period (1996 to 2005). Using the percentage of small commuter
operators to total commuter operators in 1994, the FAA projects that an
average of 24 of the 75 forecasted commuter operators would be defined
as small. The FAA also estimates that the 75 commuter operators would
own 1,267 airplanes, of which the 24 small commuter operators would own
108 airplanes.
D. Compliance requirements of the proposed rule. The proposal would
require certain part 135 operators to comply with specific part 119 and
121 standards. While all commuter operators owning airplanes with 10 or
more passenger seats would come under part 121, wherever compliance
would not be feasible for smaller airplanes, part 121 would provide an
exception. These exceptions include the requirements for low-altitude
windshear equipment, flight data recorders, and flight attendants in
airplanes with 10 to 19 passenger seats. In addition, these operators
will continue to comply with several part 135 requirements as they
currently exist, such as the ground proximity warning system, the
traffic alert and collision avoidance system, and cockpit voice
recorders. The preamble to the NPRM provides a more thorough discussion
of the compliance requirements of the proposed rule.
E. Overlap of the proposed rule with other Federal regulations. No
other Federal rules would duplicate, overlap, or conflict with the
proposed rule.
F. Alternatives to the proposed rule. According to the RFA,
significant alternatives may include: the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; the clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; the use of
performance rather than design standards; or an exemption from coverage
of the rule, or any part thereof, for such small entities. The FAA
considered two alternative approaches to the proposed rule.
Alternative one--retain status quo. This alternative would retain
the status quo by allowing part 135 operators to continue operating
under the existing part 135 standards. As there would be no changes in
the existing requirements, there would be no change in the compliance
costs. However, there would also be no improvement in benefits and the
level of safety would remain the same for the commuter operators. The
FAA rejected this approach because it does not meet the agency's
objective of maintaining and enhancing aviation safety for the
traveling public.
Alternative two--same as the proposed rule except for elimination
of the proposed flight time limitations and rest requirements and the
proposed dispatcher requirements. This alternative would be similar to
the proposed rule except for elimination of: (1) The proposed flight
time limitations and rest requirements for all flight crewmembers and
(2) the proposed dispatcher requirements. This means that part 135
commuter operators would not need to hire additional pilots and flight
attendants to meet the proposed flight time limitations and rest
requirements, resulting in a reduction in proposed compliance costs
over the 10-year period of $75 million (discounted) or $11 million
annualized. Also, additional dispatchers would not be needed to meet
the proposed dispatcher requirements, resulting in a reduction in
proposed compliance costs over the 10-year period of $57 million
(discounted) or $8 million annualized. Thus, this alternative would
result in a compliance cost reduction over the 10-year period of about
$132 million (discounted) or about $19 million annualized. By
subtracting these compliance costs from those for the proposed rule,
the FAA estimates that this alternative would result in compliance
costs of about $66 million (discounted) or about $9 million annualized.
The annualized cost per airplane would be about $11,100 for 10-to-19
seat airplanes and would be about $1,300 for 20 to 30 seat airplanes.
Given the threshold annualized cost of $67,000 for a small commuter
operator, the FAA estimates that this alternative would have a
significant economic impact on any operator owning more than six 10-to-
19-seat airplanes (6 airplanes x $11,100 per airplane = $66,600) or any
operator owning more than fifty-one 20-to-30-seat airplanes (51
airplanes x $1,300 per airplane = $66,300). Six small commuter
operators owning 10-to-19-seat airplanes and one small commuter
operator owning both 10-to-19-seat and 20-to-30-seat airplanes would
each incur an annualized cost of more than $67,000. However, the one
small commuter operator owning 20-to-30-seat airplanes only would not
incur an annualized cost exceeding the $67,000 threshold. This
alternative would not impact a substantial number of small operators.
This assessment is based on the fact that only 7 of the 24 small
operators would incur costs in excess of the threshold. Therefore, this
alternative would not have a significant economic impact on a
substantial number of small entities.
Executive Order (E. O.) 12866 states that in choosing among
alternative regulatory approaches, agencies should select those
approaches that maximize net safety benefits, unless a statute requires
another regulatory approach. To ensure that commuter airplanes are as
safe as possible, the FAA believes that flight time rest and duty
requirements and dispatcher requirements are necessary. With respect to
flight time limits, the FAA believes that there is no longer a
justification for the difference between commuter operations conducted
under part 121 and those conducted under part 135. Both types of
operators are conducting similar types of operations in similar
environments. In some instances the same operator is flying operations
under both parts 121 and 135. With respect to the flight dispatch
system, the FAA believes that this system is the safest means for
maintaining operational control. It [[Page 16277]] allows for
information relevant to the flight to be accessed and passed on to the
pilot throughout the flight. In addition, if an inflight emergency
occurs, the pilot and the dispatcher can communicate on the safest
measures to follow. A more thorough discussion of the reasons the FAA
believes that these requirements are necessary is provided in the
preamble. The FAA concludes that the reduction in the estimated
compliance costs resulting from elimination of these requirements does
not justify the expected significant corresponding decrease in
benefits. Therefore, the FAA is rejecting this alternative because it
would not maximize net benefits as required under E.O. 12866.
International Trade Impact Assessment
The impact of the proposed rule on international trade is expected
to be minimal. With regard to commuter carrier operations, most of the
nation's commuter airlines operate on domestic routes, with only
limited international operations and no transoceanic routes. These
international operations consist of a number of cross-border services
between cities in the United States and locations near the borders of
Canada and Mexico. There are relatively few carriers engaging in this
kind of commuter service, with only a limited number of flights. Most
of these services are between points in the border states, such as
California, Arizona, New Mexico, Texas, Wisconsin, Michigan, and New
York, flying to Mexican and Canadian cities. Therefore, the primary
impact of this proposed rule is expected to be in the domestic air
carrier market, with little impact on international trade.
Commuter airplanes are sold worldwide, and there are some potential
international trade impacts. This rulemaking could impact the
competitiveness of airplanes made for the U.S. market that are later
resold on the international market. Under the proposed rulemaking,
commuter airplanes made for the American market would include new
equipment and upgrades necessary to meet the expanded safety
requirements. These improvements would increase the cost and
maintenance requirements for the airplanes and may negatively affect
their sales potential in foreign markets, particularly to customers in
developing nations.
Many of the smaller air carriers in the developing world fly under
significantly lower safety requirements than are required in the United
States. Customers in those countries may not be interested in
purchasing airplanes that exceed minimum requirements. Further, these
operators may lack the facilities, equipment, and expertise that are
necessary to keep these more sophisticated systems operational.
Therefore, when purchasing airplanes, either new or second hand, they
focus on airplanes that rely on a minimum of complex systems and
equipment.
Although sales of smaller airplanes to developing countries
represent an important component of the market, the largest markets by
far are in North America and western Europe. In this case, since the
airplanes would have to operate under similar standards as before their
resale, there would be no impact. According to recent estimates, the
worldwide market for commuter airplanes is estimated to be almost $20
billion over the next ten years, with a projected 59 percent of those
sales occurring in North America. Sales to Europe account for
approximately 20 percent of the sales, with the remainder spread
throughout the rest of the world. Therefore, this proposed rule would
only have a negative impact on less than 21 percent of foreign sales of
U.S.-made airplanes.
This proposed rule is also not expected to result in an improved
market position for foreign airplane manufacturers. Their status with
regard to market share or sales in the U.S. is not expected to change
in response to this proposed rule.
Federalism Implications
The proposed 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
are being submitted to the Office of Management and Budget for approval
in accordance with 44 U.S.C. Chapter 35 under OMB No. (new), TITLE:
Commuter Operations and General Certification and Operations
Requirements; PROPOSED USE OF INFORMATION: The FAA will use this
information to determine if carriers are operating in accordance with
minimum safety standards; FREQUENCY: As required; BURDEN ESTIMATE:
1,370; RESPONDENTS: Part 135 carriers conducting scheduled passenger-
carrying operations in airplanes with 10-30 seats; FORMS: FAA Form
8400-6 and 8070-1; AVERAGE BURDEN HOURS PER RESPONDENT: 18; For further
information contact: IRM Strategies Division, M-32, Office of the
Secretary of Transportation, 400 Seventh Street, SW, Washington, DC,
20590, (202) 366-4735. Comments on the proposed information collection
requirements should be submitted to: Office of Management and Budget,
Washington, DC, 20503, Attention: Desk Officer for FAA. It is requested
that comments sent to OMB also be sent to the FAA rulemaking docket for
this proposed action.
Conclusion
For the reasons set forth under the heading ``Regulatory
Analysis,'' the FAA has determined that this proposed regulation: (1)
is a significant rule under Executive Order 12866; and (2) is a
significant rule under Department of Transportation Regulatory Policies
and Procedures (44 FR 11034; February 26, 1979). Also, for the reasons
stated under the headings ``Trade Impact Statement'' and ``Regulatory
Flexibility Determination,'' the FAA certifies that the proposed rule
would have a significant economic impact on a substantial number of
small entities. A copy of the full regulatory evaluation is filed in
the docket and may also be obtained by contacting the person listed
under FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 119
Administrative practice and procedures, Air carriers, Air taxis,
Aircraft, Aviation safety, Charter flights, Commuter operations,
Reporting and recordingkeeping requirements.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Charter flights,
Reporting and recordingkeeping requirements.
14 CFR Part 125
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 127
Air carriers, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.
14 CFR Part 135
Aircraft, Airplane, Airworthiness, Air transportation.
VIII. The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration [[Page 16278]] proposes to amend the Federal Aviation
Regulations (14 CFR parts 119, 121, 125, 127, and 135) as follows:
1. The heading of Subchapter G is revised to read:
SUBCHAPTER G--AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE:
CERTIFICATION AND OPERATIONS
2. A new part 119 is added to 14 CFR Chapter I, Subchapter G, to
read as follows:
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
Subpart A--General
Sec.
119.1 Applicability.
119.3 Definitions.
119.5 Certification, authorizations, and prohibitions.
119.7 Operations specifications.
119.9 Use of business names.
Subpart B--Applicability of Operating Requirements to Different Kinds
of Operations Under Parts 121, 125, and 135 of This Chapter
119.21 Direct air carriers and commercial operators engaged in
intrastate common carriage with airplanes.
119.23 Operators engaged in passenger-carrying operations, cargo
operations, or both with airplanes when common carriage is not
involved.
119.25 Rotorcraft operations: Direct air carriers and commercial
operators.
Subpart C--Certification, Operations Specifications, and Certain Other
Requirements for Operations Conducted Under Part 121 or Part 135 of
this Chapter
119.31 Applicability.
119.33 General requirements.
119.35 Certificate application.
119.37 Contents of an Air Carrier Certificate or Operating
Certificate.
119.39 Issuing or denying a certificate.
119.41 Amending a certificate.
119.43 Certificate holder's duty to maintain operations
specifications.
119.45 Use of operations specifications.
119.47 Maintaining a principal base of operations, main operations
base, and main maintenance base; change of address.
119.49 Contents of operations specifications.
119.51 Amending operations specifications.
119.53 Wet leasing of aircraft.
119.55 Obtaining deviation authority to perform operations under a
U.S. military contract.
119.57 Obtaining deviation authority to perform an emergency
operation.
119.58 Emergencies requiring immediate decision and action.
119.59 Conducting tests and inspections.
119.61 Duration of certificate and operations specifications.
119.63 Recency of operation.
119.65 Management personnel required for operations conducted under
part 121 of this chapter.
119.67 Management personnel: Qualifications for operations conducted
under part 121 of this chapter.
119.69 Management personnel required for operations conducted under
part 135 of this chapter.
119.71 Management personnel: Qualifications for operations conducted
under part 135 of this chapter.
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
Subpart A--General
Sec. 119.1 Applicability.
(a) This part applies to each person operating or intending to
operate civil aircraft--
(1) As an air carrier or commercial operator, or both, in air
commerce or
(2) When common carriage is not involved, in operations of U.S.-
registered civil airplanes with a seating configuration of 20 or more
passengers, or a maximum payload capacity of 6,000 pounds or more.
(b) This part prescribes--
(1) The types of air operator certificates issued by the Federal
Aviation Administration, including air carrier certificates and
operating certificates;
(2) The certification requirements an operator must meet in order
to obtain and hold a certificate authorizing operations under parts
121, 125, or 135 of this chapter and operations specifications for each
kind of operation to be conducted and each class and size of aircraft
to be operated under part 121 or 135 of this chapter;
(3) The requirements an operator must meet to conduct operations
under part 121, 125, or 135 of this chapter and in operating each class
and size of aircraft authorized in its operations specifications;
(4) Requirements affecting wet leasing of aircraft;
(5) Requirements for obtaining deviation authority to perform
operations under a military contract and obtaining deviation authority
to perform an emergency operation; and
(6) Requirements for management personnel for operations conducted
under part 121 or part 135 of this chapter.
(c) Persons subject to this part must comply with the other
requirements of this chapter, except where those requirements are
modified by or where additional requirements are imposed by parts 119,
121, 125, or 135 of this chapter.
(d) This part does not govern operations conducted under part 129,
133, 137, or 139 of this chapter.
(e) Except for operations when common carriage is not involved
conducted with airplanes having a passenger-seating configuration of 20
seats or more, excluding any required crewmember seat, or a payload
capacity of 6,000 pounds or more, this part does not apply to--
(1) Student instruction;
(2) Nonstop sightseeing flights that begin and end at the same
airport and are conducted within a 25 statute mile radius of that
airport, except that these operations must comply with Secs. 121.455,
121.457, 135.249, 135.251, 135.253, 135.255, and 135.353 of this
chapter;
(3) Ferry or training flights;
(4) Aerial work operations, including--
(i) Crop dusting, seeding, spraying, and bird chasing;
(ii) Banner towing;
(iii) Aerial photography or survey;
(iv) Fire fighting;
(v) Helicopter operations in construction or repair work (but it
does apply to transportation to and from the site of operations); and
(vi) Powerline or pipeline patrol;
(5) Sightseeing flights conducted in hot air balloons;
(6) Nonstop flights conducted within a 25 statute mile radius of
the airport of takeoff carrying persons for the purpose of intentional
parachute jumps;
(7) Helicopter flights conducted within a 25 statute mile radius of
the airport of takeoff if--
(i) Not more than two passengers are carried in the helicopter in
addition to the required flightcrew;
(ii) Each flight is made under day VFR conditions;
(iii) The helicopter used is certificated in the standard category
and complies with the 100-hour inspection requirements of part 91 of
this chapter;
(iv) The operator notifies the FAA Flight Standards District Office
responsible for the geographic area concerned at least 72 hours before
each flight and furnishes any essential information that the office
requests;
(v) The number of flights does not exceed a total of six in any
calendar year;
(vi) Each flight has been approved by the Administrator; and
(vii) Cargo is not carried in or on the helicopter;
(8) Operations conducted under part 133 of this chapter or 375 of
this title;
(9) Emergency mail service conducted under 49 U.S.C. 41906; or
(10) Operations conducted under the provisions of Sec. 91.321 of
this chapter. [[Page 16279]]
Sec. 119.3 Definitions.
For the purpose of Subchapter G of this chapter, the term--
All-cargo operation means any operation for compensation or hire
that is other than a passenger-carrying operation.
Certificate-holding district office means the Flight Standards
District Office that has responsibility for administering the
certificate and is charged with the overall inspection of the
certificate holder's operations.
Commuter operation means any scheduled operation conducted by any
person operating--
(1) Airplanes, other than turbojet powered airplanes, having a
maximum passenger-seating configuration of 9 seats or less, excluding
any required crewmember seat, and a maximum payload capacity of 7,500
pounds or less or
(2) Rotorcraft.
Direct air carrier means a person who provides or offers to provide
air transportation and who has control over the operational functions
performed in providing that transportation.
Domestic operation means any scheduled operation conducted by any
person operating any airplane described in paragraph (1) of this
definition between the locations described in paragraph (2) of this
definition:
(1) Airplanes:
(i) Turbojet-powered airplanes;
(ii) Airplanes having a passenger-seating configuration of more
than 9 seats, excluding any required crewmember seat; or
(iii) Airplanes having a payload capacity of more than 7,500
pounds.
(2) Locations:
(i) Between any points within the 48 contiguous States of the
United States or the District of Columbia; or
(ii) Between any points entirely within any State, territory, or
possession of the United States; or
(iii) Between any point within the 48 contiguous States of the
United States or the District of Columbia and any specifically
authorized point located outside the 48 contiguous States of the United
States or the District of Columbia.
Empty weight means the weight of the airframe, engines, propellers,
rotors, and fixed equipment. Empty weight excludes the weight of the
crew and payload, but includes the weight of all fixed ballast,
unusable fuel supply, undrainable oil, total quantity of engine
coolant, and total quantity of hydraulic fluid.
Flag operation means any scheduled operation conducted by any
person operating any airplane described in paragraph (1) of this
definition between the locations described in paragraph (2) of this
definition:
(1) Airplanes:
(i) Turbojet-powered airplanes;
(ii) Airplanes having a passenger-seating configuration of more
than 9 seats, excluding any required crewmember seat; or
(iii) Airplanes having a payload capacity of more than 7,500
pounds.
(2) Locations:
(i) Between any point within the State of Alaska or the State of
Hawaii or any territory or possession of the United States and any
point outside the State of Alaska or the State of Hawaii or any
territory or possession of the United States, respectively; or
(ii) Between any point within the 48 contiguous States of the
United States or the District of Columbia and any point outside the 48
contiguous States of the United States or the District of Columbia.
Justifiable aircraft equipment means any equipment necessary for
the operation of the aircraft. It does not include equipment or ballast
specifically installed, permanently or otherwise, for the purpose of
altering the empty weight of an aircraft to meet the maximum payload
capacity.
Kind of operation means one of the various operations a certificate
holder is authorized to conduct, as specified in its operations
specifications, i.e., domestic, flag, supplemental, commuter, or on-
demand operations.
Maximum payload capacity means:
(1) For an aircraft for which a maximum zero fuel weight is
prescribed in FAA technical specifications, the maximum zero fuel
weight, less empty weight, less all justifiable aircraft equipment, and
less the operating load (consisting of minimum flightcrew, foods and
beverages, and supplies and equipment related to foods and beverages,
but not including disposable fuel or oil).
(2) For all other aircraft, the maximum certificated takeoff weight
of an aircraft, less the empty weight, less all justifiable aircraft
equipment, and less the operating load (consisting of minimum fuel
load, oil, and flightcrew). The allowance for the weight of the crew,
oil, and fuel is as follows:
(i) Crew--for each crewmember required by the Federal Aviation
Regulations--
(A) For male flight crewmembers--180 pounds.
(B) For female flight crewmembers--140 pounds.
(C) For male flight attendants--180 pounds.
(D) For female flight attendants--130 pounds.
(E) For flight attendants not identified by gender--140 pounds.
(ii) Oil--350 pounds.
(iii) Fuel--the minimum weight of fuel required by the applicable
Federal Aviation Regulations for a flight between domestic points 174
nautical miles apart under VFR weather conditions that does not involve
extended overwater operations.
Maximum zero fuel weight means the maximum permissible weight of an
aircraft with no disposable fuel or oil. The zero fuel weight figure
may be found in either the aircraft type certificate data sheet, the
approved Aircraft Flight Manual, or both.
Noncommon carriage means an aircraft operation for compensation or
hire that does not involve a holding out to others.
On-demand operation means any operation for compensation or hire
that is one of the following:
(1) Passenger-carrying operations in which the departure time,
departure location, and arrival location are specifically negotiated
with the customer or the customer's representative that are any of the
following types of operations:
(i) Common carriage operations conducted with airplanes, including
turbojet-powered airplanes, having a passenger-seating configuration of
30 seats or fewer, excluding any required crewmember seat, and a
payload capacity of 7,500 pounds or less, except that operations using
a specific airplane that is also used in domestic or flag operations
and that is so listed in the operations specifications as required by
Sec. 119.49(a)(4) for those operations are considered supplemental
operations;
(ii) Noncommon carriage operations conducted with airplanes having
a passenger-seating configuration of less than 20 seats, excluding any
required crewmember seat, or a payload capacity of less than 6,000
pounds; or
(iii) Any rotorcraft operation.
(2) All-cargo operations conducted with airplanes having a payload
capacity of 7,500 pounds or less, or with rotorcraft.
Passenger-carrying operation means any aircraft operation carrying
any person, unless the only persons on the aircraft are those
identified in Sec. 121.583(a) or 135.85 of this chapter, as applicable.
An aircraft used in a passenger-carrying operation may also carry cargo
or mail in addition to passengers.
Principal base of operations means the primary operating location
of a certificate holder as established by the certificate holder.
[[Page 16280]]
Provisional airport means an airport approved by the Administrator
for use by a certificate holder for the purpose of providing service to
a community when the regular airport used by the certificate holder is
not available.
Regular airport means an airport used by a certificate holder in
scheduled operations and listed in its operations specifications.
Scheduled operation means any common carriage passenger-carrying
operation for compensation or hire conducted by an air carrier or
commercial operator for which the certificate holder or its
representative offers in advance the departure location, departure
time, and arrival location. It does not include any operation that is a
charter operation.
Supplemental operation means any common carriage operation for
compensation or hire conducted with any airplane described in paragraph
(1) of this definition that is a type of operation described in
paragraph (2) of this definition:
(1) Airplanes:
(i) Airplanes having a passenger-seating configuration of more than
30 seats, excluding any required crewmember seat;
(ii) Airplanes having a payload capacity of more than 7,500 pounds;
or
(iii) Each airplane having a passenger-seating configuration of
more than 9 seats and less than 31 seats, excluding any required
crewmember seat and any turbojet powered airplane, that is also used in
domestic or flag operations and that is so listed in the operations
specifications as required by Sec. 119.49(a)(4) for those operations.
(2) Types of operation:
(i) Operations for which the departure time, departure location,
and arrival location are specifically negotiated with the customer or
the customer's representative or
(ii) All-cargo operations.
Wet lease means any leasing arrangement whereby a person agrees to
provide an entire aircraft and at least one crewmember. A wet lease
does not include a code-sharing arrangement.
When common carriage is not involved or operations not involving
common carriage means any of the following:
(1) Noncommon carriage.
(2) Operations in which persons or cargo are transported without
compensation or hire.
(3) Operations not involving the transportation of persons or
cargo.
Sec. 119.5 Certifications, authorizations, and prohibitions.
(a) A person authorized by the Administrator to conduct operations
as a direct air carrier will be issued an Air Carrier Certificate.
(b) A person who is not authorized to conduct direct air carrier
operations, but who is authorized by the Administrator to conduct
operations as a U.S. commercial operator, will be issued an Operating
Certificate.
(c) A person who is not authorized to conduct direct air carrier
operations, but who is authorized by the Administrator to conduct
operations when common carriage is not involved as an operator of U.S.-
registered civil airplanes with a seating configuration of 20 or more
passengers, or a maximum payload capacity of 6,000 pounds or more, will
be issued an Operating Certificate.
(d) A person authorized to engage in common carriage under part 121
or part 135 of this chapter, or both, shall be issued only one
certificate authorizing such common carriage, regardless of the kind of
operation or the class or size of aircraft to be operated.
(e) A person authorized to engage in noncommon carriage under part
125 or part 135 of this chapter, or both, shall be issued only one
certificate authorizing such noncommon carriage, regardless of the kind
of operation or the class or size of aircraft to be operated.
(f) A person conducting operations under more than one paragraph of
Secs. 119.21, 119.23, or 119.25 shall conduct those operations in
compliance with--
(1) The requirements specified in each paragraph of those sections
for the kind of operation conducted under that paragraph and
(2) The appropriate authorizations, limitations, and procedures
specified in the operations specifications for each kind of operation.
(g) No person may operate as a direct air carrier or as a
commercial operator without, or in violation of, an appropriate
certificate and appropriate operations specifications. No person may
operate as a direct air carrier or as a commercial operator in
violation of any deviation or exemption authority, if issued to that
person or that person's representative.
(h) A person holding an Operating Certificate authorizing noncommon
carriage operations shall not conduct any operations in common
carriage. A person holding an Air Carrier Certificate or Operating
Certificate authorizing common carriage operations shall not conduct
any operations in noncommon carriage.
(i) No person may operate as a direct air carrier without holding
appropriate economic authority from the Department of Transportation.
(j) A certificate holder under this part may not operate aircraft
under part 121 or part 135 of this chapter in a geographical area
unless its operations specifications specifically authorize the
certificate holder to operate in that area.
Sec. 119.7 Operations specifications.
(a) Each certificate holder's operations specifications must
contain--
(1) The authorizations, limitations, and certain procedures under
which each kind of operation, if applicable, is to be conducted and
(2) Certain other procedures under which each class and size of
aircraft is to be operated.
(b) Except for operations specifications paragraphs identifying
authorized kinds of operations, operations specifications are not a
part of a certificate.
Sec. 119.9 Use of business names.
(a) A certificate holder under this part may not operate an
aircraft under part 121 or part 135 of this chapter using a business
name other than a business name appearing in the certificate holder's
operations specifications.
(b) Unless otherwise authorized by the Assistant Administrator for
Civil Aviation Security, no person may operate an aircraft under part
121 or part 135 of this chapter unless the name of the certificate
holder who is operating the aircraft is legibly displayed on the
aircraft and is clearly visible and readable from the outside of the
aircraft to a person standing on the ground at any time except during
flight time. The means of displaying the name on the aircraft and its
readability must be acceptable to the Administrator.
Subpart B--Applicability of Operating Requirements to Different
Kinds of Operations Under Part 121, 125, and 135 of This Chapter
Sec. 119.21 Direct air carriers and commercial operators engaged in
intrastate common carriage with airplanes.
(a) Each person who conducts operations as a direct air carrier or
as a commercial operator engaged in intrastate common carriage of
persons or property for compensation or hire in air commerce, shall
comply with the certification and operations specifications
requirements in subpart C of this part, and shall conducts its:
(1) Domestic operations in accordance with the applicable
requirements of part 121 of this chapter, and shall be issued
operations specifications for those operations in accordance with those
requirements. However, based on a showing of safety in air commerce,
the Administrator may permit persons who [[Page 16281]] conduct
domestic operations between any point located within Alaska's Aleutian
Islands chain and any point in the State of Alaska to comply with the
requirements applicable to flag operations contained in subpart U of
part 121 of this chapter.
(2) Flag operations in accordance with the applicable requirements
of part 121 of this chapter, and shall be issued operations
specifications for those operations in accordance with those
requirements.
(3) Supplemental operations in accordance with the applicable
requirements of part 121 of this chapter, and shall be issued
operations specifications for those operations in accordance with those
requirements. However, based on a determination of safety in air
commerce, the Administrator may authorize or require the following
operations to be conducted under paragraph (a)(1) or (2) of this
section:
(i) Passenger-carrying operations which are conducted between
points that are also served by the certificate holder's domestic or
flag operations.
(ii) All-cargo operations which are conducted regularly and
frequently between the same two points.
(4) Commuter operations in accordance with the applicable
requirements of part 135 of this chapter, and shall be issued
operations specifications for those operations in accordance with those
requirements.
(5) On-demand operations in accordance with the applicable
requirements of part 135 of this chapter, and shall be issued
operations specifications for those operations in accordance with those
requirements.
(b) Persons who are subject to the requirements of paragraph (a)(4)
of this section may conduct those operations in accordance with the
requirements of paragraph (a)(1) or (a)(2) of this section, provided
they obtain authorization from the Administrator.
(c) Persons who are subject to the requirements of paragraph (a)(5)
of this section may conduct those operations in accordance with the
requirements of paragraph (a)(3) of this section, provided they obtain
authorization from the Administrator.
Sec. 119.23 Operators engaged in passenger-carrying operations, cargo
operations, or both with airplanes when common carriage is not
involved.
(a) Each person who conducts operations when common carriage is not
involved with airplanes having a passenger-seating configuration of 20
seats or more, excluding any required crewmember seat, or a payload
capacity of 6,000 pounds or more, shall, unless deviation authority is
issued:
(1) Comply with the certification and operations specifications
requirements of part 125 of this chapter;
(2) Conduct its operations with those airplanes in accordance with
the requirements of part 125 of this chapter; and
(3) Be issued operations specifications in accordance with those
requirements.
(b) Each person who conducts noncommon carriage operations for
compensation or hire with airplanes having a passenger-seating
configuration of less than 20 seats, excluding any required crewmember
seat, and a payload capacity of less than 6,000 pounds shall:
(1) Comply with the certification and operations specifications
requirements in Subpart C of this part;
(2) Conduct those operations in accordance with the requirements of
part 135 of this chapter, except for those requirements applicable only
to commuter operations; and
(3) Be issued operations specifications in accordance with those
requirements.
Sec. 119.25 Rotorcraft operations: direct air carriers and commercial
operators.
Each person who conducts rotorcraft operations for compensation or
hire must comply with the certification and operations specifications
requirements of Subpart C of this part, and shall conduct its:
(a) Commuter operations in accordance with the applicable
requirements of part 135 of this chapter, and shall be issued
operations specifications for those operations in accordance with those
requirements.
(b) On-demand operations in accordance with the applicable
requirements of part 135 of this chapter, and shall be issued
operations specifications for those operations in accordance with those
requirements.
Subpart C--Certification, Operations Specifications, and Certain
Other Requirements for Operations Conducted Under Part 121 or Part
135 of this Chapter
Sec. 119.31 Applicability.
This subpart sets out certification requirements and prescribes the
content of operations specifications and certain other requirements for
operations conducted under part 121 or part 135 of this chapter.
Sec. 119.33 General requirements.
(a) A person may not operate as a direct air carrier unless that
person--
(1) Is a citizen of the United States;
(2) Obtains an Air Carrier Certificate; and
(3) Obtains operations specifications that prescribe the
authorizations, limitations, and procedures under which each kind of
operation must be conducted.
(b) A person other than a direct air carrier may not conduct any
commercial passenger or cargo aircraft operation for compensation or
hire under part 121 or part 135 of this chapter unless that person--
(1) Is a citizen of the United States;
(2) Obtains an Operating Certificate; and
(3) Obtains operations specifications that prescribe the
authorizations, limitations, and procedures under which each kind of
operation must be conducted.
(c) Each applicant for a certificate under this part shall conduct
proving tests as authorized by the Administrator during the application
process for authority to conduct operations under part 121 or 135 of
this chapter. All proving tests must be conducted in a manner
acceptable to the Administrator. All proving tests must be conducted
under the appropriate operating and maintenance requirements of part
121 or 135 of this chapter that would apply if the applicant were fully
certificated. The Administrator will issue a letter of authorization to
each person stating the various authorities under which the proving
tests shall be conducted.
Sec. 119.35 Certificate application.
(a) A person applying to the Administrator for an Air Carrier
Certificate or Operating Certificate under this part (applicant) must
submit an application--
(1) In a form and manner prescribed by the Administrator and
(2) Containing any information the Administrator requires the
applicant to submit.
(b) Each applicant must submit the application to the Administrator
at least 90 days before the date of intended operation.
(c) Each applicant for the original issue of an operating
certificate for the purpose of conducting intrastate common carriage
operations under part 121 or part 135 of this chapter must submit an
application in a form and manner prescribed by the Administrator to the
Flight Standards District Office in whose area the applicant proposes
to establish or has established his or her principal operations base.
(d) Each application submitted under paragraph (c) of this section
must contain a signed statement showing the following: [[Page 16282]]
(1) For corporate applicants:
(i) The name and address of each stockholder who owns five 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.
(e) In addition, each applicant for the original issue of an
operating certificate must submit with the application a signed
statement showing--
(1) The financial information listed in paragraph (h) of this
section; and
(2) The nature and scope of its intended operation, including the
name and address of each person, if any, with whom the applicant has a
contract to provide services as a commercial operator and the scope,
nature, date, and duration of each of those contracts.
(f) Each applicant for, or holder of, a certificate issued under
this part, shall notify the Administrator within 10 days after--
(1) A change in any of the persons, or the names and addresses of
any of the persons, submitted to the Administrator under paragraph
(d)(1) or (d)(2) of this section; or
(2) A change in the financial information submitted to the
Administrator under paragraph (h) of this section that occurs while the
application for the issue is pending before the FAA and that would made
the applicant's financial situation substantially less favorable than
originally reported.
(g) Each financial statement containing financial information
required by paragraph (h) 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.
(h) Each applicant for the original issue of an operating
certificate must submit the following financial information:
(1) A balance sheet that shows assets, liabilities, and net worth,
as of a date not more than 60 days before the date of application.
(2) An itemization of liabilities more than 60 days past due on the
balance sheet date, if any, showing each creditor's name and address, a
description of the liability, and the amount and due date of the
liability.
(3) An itemization of claims in litigation, if any, against the
applicant as of the date of application showing each claimant's name
and address and a description and the amount of the claim.
(4) A detailed projection of the proposed operation covering 6
complete months after the month in which the certificate is expected to
be issued including--
(i) Estimated amount and source of both operating and nonoperating
revenue, including identification of its existing and anticipated
income producing contracts and estimated revenue per mile or hour of
operation by aircraft type;
(ii) Estimated amount of operating and nonoperating expenses by
expense objective classification; and
(iii) Estimated net profit or loss for the period.
(5) An estimate of the cash that will be needed for the proposed
operations during the first 6 months after the month in which the
certificate is expected to be issued, including--
(i) Acquisition of property and equipment (explain);
(ii) Retirement of debt (explain);
(iii) Additional working capital (explain);
(iv) Operating losses other than depreciation and amortization
(explain); and
(v) Other (explain).
(6) An estimate of the cash that will be available during the first
6 months after the month in which the certificate is expected to be
issued, from--
(i) Sale of property or flight equipment (explain);
(ii) New debt (explain);
(iii) New equity (explain);
(iv) Working capital reduction (explain);
(v) Operations (profits) (explain);
(vi) Depreciation and amortization (explain); and
(vii) Other (explain).
(7) A schedule of insurance coverage in effect on the balance sheet
date showing insurance companies; policy numbers; types, amounts, and
period of coverage; and special conditions, exclusions, and
limitations.
(8) Any other financial information that the Administrator requires
to enable him to determine that the applicant has sufficient financial
resources to conduct his or her operations with the degree of safety
required in the public interest.
Sec. 119.37 Contents of an Air Carrier Certificate or Operating
Certificate.
The Air Carrier Certificate or Operating Certificate includes--
(a) The certificate holder's name;
(b) The location of the certificate holder's principal base of
operations;
(c) The certificate number;
(d) The certificate's effective date;
(e) The name or the designator of the certificate-holding district
office;
(f) Kinds of operations authorized; and
(g) A certification that--
(1) In the case of an Air Carrier certificate, the certificate
holder meets the appropriate requirements of this chapter and holds any
required economic authority from the Department of Transportation,
authorizing it to conduct common carriage operations or
(2) In the case of an Operating Certificate, the certificate
holder--
(i) Meets the appropriate requirements of this chapter authorizing
it to conduct intrastate common carriage operations or
(ii) Meets the appropriate requirements of this chapter authorizing
it to conduct noncommon carriage operations.
Sec. 119.39 Issuing or denying a certificate.
(a) An applicant may be issued an Air Carrier Certificate or
Operating Certificate if after investigation, the Administrator finds
that the applicant--
(1) Meets the applicable requirements of this part;
(2) Holds the economic authority applicable to the kinds of
operations to be conducted, issued by the Department of Transportation,
if required; and
(3) Is properly and adequately equipped in accordance with the
requirements of this chapter and is able to conduct a safe operation
under appropriate provisions of part 121 or part 135 of this chapter
and operations specifications issued under this part. [[Page 16283]]
(b) An application for a certificate may be denied if the
Administrator finds that--
(1) The applicant is not properly or adequately equipped or is not
able to conduct safe operations under this subchapter;
(2) The applicant previously held an Air Carrier Certificate or
Operating Certificate which was revoked;
(3) The applicant intends to or fills a key management position
listed in Sec. 119.65(a) or Sec. 119.69(a), as applicable, with an
individual who exercised control over or who held the same or a similar
position with a certificate holder whose certificate was revoked, or is
in the process of being revoked, and that individual materially
contributed to the circumstances causing revocation or causing the
revocation process;
(4) An individual who will have control over or have a substantial
ownership interest in the applicant had the same or similar control or
interest in a certificate holder whose certificate was revoked, or is
in the process of being revoked, and that individual materially
contributed to the circumstances causing revocation or causing the
revocation process; or
(5) In the case of an applicant for an Operating Certificate for
intrastate common carriage that for financial reasons the applicant is
not able to conduct a safe operation.
Sec. 119.41 Amending a certificate.
(a) The Administrator may amend any certificate issued under this
part if--
(1) The Administrator under section 609 of the Federal Aviation Act
of 1958, as amended (49 U.S.C. 1429), and part 13 of this chapter,
determines that safety in air commerce and the public interest requires
the amendment or
(2) The certificate holder applies for the amendment and the
certificate holding district office determines that safety in air
commerce and the public interest allows the amendment.
(b) When the Administrator proposes to issue an order amending,
suspending, or revoking all or part of any certificate, the procedure
in Sec. 13.19 of this chapter applies.
(c) When the certificate holder applies for an amendment of its
certificate, the following procedure applies:
(1) The certificate holder must file an application to amend its
certificate with the certificate holding district office at least 15
days before the date proposed by the applicant for the amendment to
become effective, unless the administrator approves filing within a
shorter period and
(2) The application must be submitted to the certificate-holding
district office in the form and manner prescribed by the Administrator.
(d) When a certificate holder seeks reconsideration of a decision
from the certificate-holding district office concerning amendments of a
certificate, the following procedure applies:
(1) The petition for reconsideration must be made within 30 days
after the certificate holder receives the notice of denial and
(2) The certificate holder must petition for reconsideration to the
Director, Flight Standards Service.
Sec. 119.43 Certificate holder's duty to maintain operations
specifications.
(a) Each certificate holder shall maintain a complete and separate
set of its operations specifications at its principal base of
operations.
(b) Each certificate holder shall insert pertinent excerpts of its
operations specifications, or references thereto, in its manual and
shall--
(1) Clearly identify each such excerpt as a part of its operations
specifications and
(2) State that compliance with each operations specifications
requirement is mandatory.
Sec. 119.45 Use of operations specifications.
(a) Each certificate holder shall keep each of its employees and
other persons used in its operations informed of the provisions of its
operations specifications that apply to that employee's or person's
duties and responsibilities.
(b) Each certificate holder shall maintain a complete and separate
set of its operations specifications. In addition, each certificate
holder shall insert pertinent excerpts of its operations
specifications, or reference thereto, in its manual in such a manner
that they retain their identity as operations specifications.
Sec. 119.47 Maintaining a principal base of operations, main
operations base, and main maintenance base; change of address.
(a) Each certificate holder must maintain a principal base of
operations. Each certificate holder may also establish a main
operations base and a main maintenance base which may be located at
either the same location as the principal base of operations or at
separate locations.
(b) At least 30 days before it proposes to establish or change the
location of its principal base of operations, its main operations base,
or its main maintenance base, a certificate holder must provide written
notification to its certificate holding district office.
Sec. 119.49 Contents of operations specifications.
(a) Each certificate holder conducting domestic, flag, or commuter
operations must obtain operations specifications containing all of the
following:
(1) The specific location of the certificate holder's principal
base of operations and, if different, the address that shall serve as
the primary point of contact for correspondence between the FAA and the
certificate holder and the name and mailing address of the certificate
holder's agent for service.
(2) Other business names under which the certificate holder may
operate.
(3) Reference to the economic authority issued by the Department of
Transportation, if required.
(4) Type of aircraft, registration markings, and serial numbers of
each aircraft authorized for use, and each regular and alternate
airport to be used in scheduled operations, and, except for commuter
operations, each provisional and refueling airport.
(i) Subject to the approval of the Administrator with regard to
form and content, the certificate holder may incorporate by reference
the items listed in paragraph (a)(4) of this section into the
certificate holder's operations specifications by maintaining a current
listing of those items and by referring to the specific list in the
applicable paragraph of the operations specifications.
(ii) The certificate holder may not conduct any operation using any
aircraft or airport not listed.
(5) Kinds of operations authorized.
(6) Authorization and limitations for routes and areas of
operations.
(7) Airport limitations.
(8) Time limitations, or standards for determining time
limitations, for overhauling, inspecting, and checking airframes,
engines, propellers, appliances, and emergency equipment.
(9) Authorization for the method of controlling weight and balance
of aircraft.
(10) Interline equipment interchange requirements, if relevant.
(11) Aircraft wet lease information required by Sec. 119.53(c).
(12) Any authorized deviation and exemption granted from any
requirement of this chapter.
(13) Any other item the Administrator determines is necessary.
(b) Each certificate holder conducting supplemental operations must
obtain operations specifications containing all of the following:
(1) The specific location of the certificate holder's principal
base of operations, and, if different, the address [[Page 16284]] that
shall serve as the primary point of contact for correspondence between
the FAA and the certificate holder and the name and mailing address of
the certificate holder's agent for service.
(2) Other business names under which the certificate holder may
operate.
(3) Reference to the economic authority issued by the Department of
Transportation, if required.
(4) Type of aircraft, registration markings, and serial number of
each aircraft authorized for use.
(i) Subject to the approval of the Administrator with regard to
form and content, the certificate holder may incorporate by reference
the items listed in paragraph (b)(4) of this section into the
certificate holder's operations specifications by maintaining a current
listing of those items and by referring to the specific list in the
applicable paragraph of the operations specifications.
(ii) The certificate holder may not conduct any operation using any
aircraft not listed.
(5) Kinds of operations authorized.
(6) Authorization and limitations for routes and areas of
operations.
(7) Special airport authorizations and limitations.
(8) Time limitations, or standards for determining time
limitations, for overhauling, inspecting, and checking airframes,
engines, propellers, appliances, and emergency equipment.
(9) Authorization for the method of controlling weight and balance
of aircraft.
(10) Aircraft wet lease information required by Sec. 119.53(c).
(11) Any authorization or requirement to conduct supplemental
operations as provided by Sec. 119.21(a)(3) (i) or (ii).
(12) Any authorized deviation or exemption from any requirement of
this chapter.
(13) Any other item the Administrator determines is necessary.
(c) Each certificate holder conducting on-demand operations must
obtain operations specifications containing all of the following:
(1) The specific location of the certificate holder's principal
base of operations, and if different, the address that shall serve as
the primary point of contact for correspondence between the FAA and the
name and mailing address of the certificate holder's agent for service.
(2) Other business names under which the certificate holder may
operate.
(3) Reference to the economic authority issued by the Department of
Transportation, if required.
(4) Kind and area of operations authorized.
(5) Category and class of aircraft that may be used in those
operations.
(6) Type of aircraft, registration markings, and serial number of
each aircraft that is subject to an airworthiness maintenance program
required by Sec. 135.411(a)(2) of this chapter.
(i) Subject to the approval of the Administrator with regard to
form and content, the certificate holder may incorporate by reference
the items listed in paragraph (c)(6) of this section into the
certificate holder's operations specifications by maintaining a current
listing of those items and by referring to the specific list in the
applicable paragraph of the operations specifications.
(ii) The certificate holder may not conduct any operation using any
aircraft not listed.
(7) Registration markings of each aircraft that is to be inspected
under an approved aircraft inspection program under Sec. 135.419 of
this chapter.
(8) Time limitations or standards for determining time limitations,
for overhauls, inspections, and checks for airframes, engines,
propellers, rotors, appliances, and emergency equipment of aircraft
that are subject to an airworthiness maintenance program required by
Sec. 135.411(a)(2) of this chapter.
(9) Additional maintenance items required by the Administrator
under Sec. 135.421 of this chapter.
(10) Aircraft wet lease information required by Sec. 119.53(c).
(11) Any authorized deviation or exemption from any requirement of
this chapter.
(12) Any other item the Administrator determines is necessary.
(d) Each certificate holder shall keep each of its employees
informed of the provisions of its operations specifications that apply
to the employee's duties and responsibilities.
Sec. 119.51 Amending operations specifications.
(a) The Administrator may amend any operations specifications
issued under this part if--
(1) The Administrator, on his own initiative, determines that
safety in air commerce and the public interest require the amendment or
(2) The certificate holder applies for the amendment, and the
Administrator determines that safety in air commerce and the public
interest allows the amendment.
(b) Except as provided in paragraph (e) of this section, when the
Administrator initiates an amendment to a certificate holder's
operations specifications, the following procedure applies:
(1) The certificate-holding district office notifies the
certificate holder in writing of the proposed amendment.
(2) The certificate-holding district office sets a reasonable
period (but not less than seven days) within which the certificate
holder may submit written information, views, and arguments on the
amendment.
(3) After considering all material presented, the certificate-
holding district office notifies the certificate holder of--
(i) The adoption of the proposed amendment;
(ii) The partial adoption of the proposed amendment; or
(iii) The withdrawal of the proposed amendment.
(4) If the certificate-holding district office issues an amendment
to the operations specifications, it becomes effective not less than 30
days after the certificate holder receives notice of it unless--
(i) The certificate-holding district office finds under paragraph
(e) of this section that there is an emergency requiring immediate
action with respect to safety in air commerce or
(ii) The certificate holder petitions for reconsideration of the
amendment under paragraph (d) of this section.
(c) When the certificate holder applies for an amendment to its
operations specifications, the following procedure applies:
(1) The certificate holder must file an application to amend its
operations specifications--
(i) At least 90 days before the date proposed by the applicant for
the amendment to become effective in cases of mergers; acquisitions of
airline operational assets that require an additional showing of safety
(e.g., proving tests); changes in the kind of operation as defined in
Sec. 119.3; resumption of operations following a suspension of
operations as a result of bankruptcy actions; or the initial
introduction of aircraft not before proven for use in air carrier or
commercial operator operations.
(ii) At least 15 days before the date proposed by the applicant for
the amendment to become effective in all other cases.
(2) The application must be submitted to the certificate-holding
district office in a form and manner prescribed by the Administrator.
(3) After considering all material presented, the certificate-
holding [[Page 16285]] district office notifies the certificate holder
of--
(i) The adoption of the applied for amendment;
(ii) The partial adoption of the applied for amendment; or
(iii) The denial of the applied for amendment. The certificate
holder may petition for reconsideration of a denial under paragraph (d)
of this section.
(4) If the certificate-holding district office approves the
amendment, following coordination with the certificate holder regarding
its implementation, the amendment is effective on the date the
Administrator approves it.
(d) When a certificate holder seeks reconsideration of a decision
from the certificate-holding district office concerning the amendment
of operations specifications the following procedure applies:
(1) The certificate holder must petition for reconsideration of
that decision within 30 days of the date that the certificate holder
receives a notice of denial of the amendment to its operations
specifications, or of the date it receives notice of an FAA-initiated
amendment to its operations specifications, whichever circumstance
applies.
(2) The certificate holder must address its petition to the
Director, Flight Standards Service.
(3) A petition for reconsideration, if filed within the 30-day
period, suspends the effectiveness of any amendment issued by the
certificate-holding district office unless the certificate holding
district office has found, under paragraph (e) of this section, that an
emergency exists requiring immediate action with respect to safety in
air transportation or air commerce.
(4) If a petition for reconsideration is not filed within 30 days,
the procedures of paragraph (c) of this section apply.
(e) If the certificate-holding district office finds that an
emergency exists requiring immediate action with respect to safety in
air commerce or air transportation that makes the procedures set out in
this section impracticable or contrary to the public interest:
(1) The certificate-holding district office amends the operations
specifications and makes the amendment effective on the day the
certificate holder receives notice of it.
(2) In the notice to the certificate holder, the certificate-
holding district office articulates the reasons for its finding that an
emergency exists requiring immediate action with respect to safety in
air transportation or air commerce or that makes it impracticable or
contrary to the public interest to stay the effectiveness of the
amendment.
Sec. 119.53 Wet leasing of aircraft.
(a) Prior to conducting operations involving a wet lease, each
certificate holder under this part authorized to conduct common
carriage operations under this subchapter shall provide the
Administrator with a copy of the wet lease to be executed which would
lease the aircraft to any other person engaged in common carriage
operations under this subchapter including foreign air carriers or to
any other foreign person engaged in common carriage wholly outside the
United States.
(b) No certificate holder under this part may wet lease from a
foreign air carrier or any other foreign person or any person not
authorized to engage in common carriage.
(c) Upon receiving a copy of a wet lease, the Administrator
determines which party to the agreement has operational control of the
aircraft and issues amendments to the operations specifications of each
party to the agreement, as needed. The lessor must provide the
following information to be incorporated into the operations
specifications of both parties, as needed.
(1) The names of the parties to the agreement and the duration
thereof.
(2) The nationality and registration markings of each aircraft
involved in the agreement.
(3) The kind of operation (e.g., domestic, flag, supplemental,
commuter, or on-demand).
(4) The airports or areas of operation.
(5) A statement specifying the party deemed to have operational
control and the times, airports, or areas under which such operational
control is exercised.
(d) In making the determination of paragraph (c) of this section,
the Administrator will consider the following:
(1) Crewmembers and training.
(2) Airworthiness and performance of maintenance.
(3) Dispatch.
(4) Servicing the aircraft.
(5) Scheduling.
(6) Any other factor the Administrator considers relevant.
(e) Except as provided in paragraph (f) of this section, a
certificate holder under this part operating under part 121 or 135 of
this chapter may not conduct any operation for another certificate
holder under this part or a foreign air carrier under part 129 of this
chapter or a foreign person engaged in common carriage wholly outside
the United States unless it holds applicable Department of
Transportation economic authority, if required, and is authorized under
its operations specifications to conduct the same kinds of operations
(as defined in Sec. 119.3). The certificate holder conducting the
substitute operation must conduct that operation in accordance with the
same operations authority held by the certificate holder arranging for
the substitute operation. These substitute operations must be conducted
between airports for which the substitute certificate holder holds
authority for scheduled operations or within areas of operations for
which the substitute certificate holder has authority for supplemental
or on-demand operations.
(f) A certificate holder under this part may, if authorized by the
Department of Transportation under Sec. 380.3 of this title and the
Administrator in the case of interstate commuter, interstate domestic,
and flag operations, or the Administrator in the case of scheduled
intrastate common carriage operations, conduct one or more wet-lease
charter flights for passengers who are stranded because of the
cancellation of their scheduled flights. The wet-lease charter flights
must be conducted under the rules of part 121 or part 135 of this
chapter applicable to supplemental or on-demand operations.
Sec. 119.55 Obtaining deviation authority to perform operations under
a U.S. military contract.
(a) The Administrator may authorize a certificate holder that is
authorized to conduct supplemental or on-demand operations to deviate
from the applicable requirements of this part, part 121, or part 135 of
this chapter in order to perform operations under a U.S. military
contract.
(b) A certificate holder that has a contract with the U.S.
Department of Defense's Air Mobility Command (AMC) must submit a
request for deviation authority to AMC. AMC will review the requests,
then forward the carriers' consolidated requests, along with AMC's
recommendations, to the FAA for review and action.
(c) The Administrator may authorize a deviation to perform
operations under a U.S. military contract under the following
conditions--
(1) The Department of Defense certifies to the Administrator that
the operation is essential to the national defense;
(2) The Department of Defense further certifies that the
certificate holder cannot perform the operation without deviation
authority;
(3) The certificate holder will perform the operation under a
contract or subcontract for the benefit of a U.S. armed service; and
[[Page 16286]]
(4) The Administrator finds that the deviation is based on grounds
other than economic advantage either to the certificate holder or to
the United States.
(d) In the case where the Administrator authorizes a deviation
under this section, the Administrator will issue an appropriate
amendment to the certificate holder's operations specifications.
(e) The Administrator may, at any time, terminate any grant of
deviation authority issued under this section.
Sec. 119.57 Obtaining deviation authority to perform an emergency
operation.
(a) In emergency conditions, the Administrator may authorize
deviations if--
(1) Those conditions necessitate the transportation of persons or
supplies for the protection of life or property, and
(2) The Administrator finds that a deviation is necessary for the
expeditious conduct of the operations.
(b) When the Administrator authorizes deviations for operations
under emergency conditions--
(1) The Administrator will issue an appropriate amendment to the
certificate holder's operations specifications; or
(2) If the nature of the emergency does not permit timely amendment
of the operations specifications--
(i) The Administrator may authorize the deviation orally; and
(ii) The certificate holder shall provide documentation describing
the nature of the emergency to the certificate-holding district office
within 24 hours after completing the operation.
Sec. 119.58 Emergencies requiring immediate decision and action.
(a) In an emergency situation that requires immediate decision and
action, the pilot in command may take any action that he considers
necessary under the circumstances. In such a case, he may deviate from
prescribed operations procedures and methods, weather minimums, and
this chapter to the extent required in the interest of safety.
(b) In an emergency situation arising during flight, that requires
immediate decision and action by an aircraft dispatcher or appropriate
management personnel, and that is known to him, he shall advise the
pilot in command of the emergency, shall ascertain the decision of the
pilot in command, and shall have the decision recorded. If he cannot
communicate with the pilot, he shall declare an emergency and take any
reasonable action necessary under the circumstances.
(c) Whenever a pilot in command or a dispatcher or an appropriate
management person exercises emergency authority, he shall keep the
appropriate ATC facility, ground radio station, and, if applicable,
dispatch centers, fully informed of the progress of the flight. The
person declaring the emergency shall send a written report of any
deviation through the certificate holder's management to the
Administrator within 10 days of the emergency action.
Sec. 119.59 Conducting tests and inspections.
(a) At any time or place, the Administrator may conduct an
inspection or test to determine whether a certificate holder under this
part is complying with the Federal Aviation Act of 1958, as amended,
applicable regulations, the certificate, or the certificate holder's
operations specifications.
(b) The certificate holder must--
(1) Make available to the Administrator at the certificate holder's
principal base of operations--
(i) The certificate holder's Air Carrier Operating Certificate or
the certificate holder's Operating Certificate and the certificate
holder's operations specifications and
(ii) A current listing that will include the location and persons
responsible for each record, document, and report required to be kept
by the certificate holder under this title applicable to the operation
of the certificate holder.
(2) Allow the Administrator to make any test or inspection to
determine compliance respecting any matter stated in paragraph (a) of
this section.
(c) Each employee of, or person used by, the certificate holder who
is responsible for maintaining the certificate holder's records must
make those records available to the Administrator.
(d) The Administrator may determine a certificate holder's
continued eligibility to hold its certificate and/or operations
specifications on any grounds listed in paragraph (a) of this section,
or any other appropriate grounds.
(e) Failure by any certificate holder to make available to the
Administrator upon request, the certificate, operations specifications,
or any required record, document, or report is grounds for suspension
of all or any part of the certificate holder's certificate and
operations specifications.
(f) In the case of operators conducting intrastate common carriage
operations, these inspections and tests include inspections and tests
of financial books and records.
Sec. 119.61 Duration of certificate and operations specifications.
(a) An Air Carrier Certificate or Operating Certificate issued
under this part is effective until--
(1) The certificate holder surrenders it to the Administrator or
(2) The Administrator suspends, revokes, or otherwise terminates
the certificate.
(b) Operations specifications issued under this part, part 121, or
part 135 of this chapter are effective unless--
(1) The Administrator suspends, revokes, or otherwise terminates
the certificate;
(2) The operations specifications are amended as provided in
Sec. 119.49;
(3) The certificate holder does not conduct a kind of operation for
more than thirty days and fails to follow the procedures of Sec. 119.63
upon resuming that kind of operation; or
(4) The Administrator suspends or revokes the operations
specifications for a kind of operation.
Sec. 119.63 Recency of operation.
(a) Except as provided in paragraph (b) of this section, no
certificate holder may conduct a kind of operation for which it holds
authority in its operations specifications unless within the preceding
30 consecutive calendar days the certificate holder conducted such kind
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
preceding 30 consecutive calendar days it shall not conduct such kind
of operation unless--
(1) It advises the Administrator at least 5 consecutive calendar
days prior to resumption of that kind of operation and
(2) It makes itself available and accessible during the five
consecutive calendar day period in the event that the FAA decides to
conduct a full reexamination to determine whether the certificate
holder remains properly and adequately equipped and able to conduct a
safe operation.
Sec. 119.65 Management personnel required for operations conducted
under part 121 of this chapter.
(a) Each certificate holder must have sufficient qualified
management and technical personnel to ensure the highest degree of
safety in its operations. The certificate holder must have qualified
personnel serving full-time in the following or equivalent positions:
(1) Director of Safety.
(2) Director of Operations.
(3) Chief Pilot. [[Page 16287]]
(4) Director of Maintenance.
(5) Chief Inspector.
(b) The Administrator may approve positions or numbers of positions
other than those listed in paragraph (a) of this section for a
particular operation if the certificate holder shows that it can
perform the operation with the highest degree of safety under the
direction of fewer or different categories of management personnel due
to--
(1) The kind of operation involved;
(2) The number and type of aircraft used; and
(3) The area of operations.
(c) The title of the positions required under paragraph (a) of this
section or the title and number of equivalent positions approved under
paragraph (b) of this section shall be set forth in the certificate
holder's operations specifications.
(d) The individuals who serve in the positions required or approved
under paragraph (a) or (b) of this section and anyone in a position to
exercise control over operations conducted under the operating
certificate must--
(1) Be qualified through training, experience, and expertise;
(2) To the extent of their responsibilities, have a full
understanding of the following materials with respect to the
certificate holder's operation--
(i) Aviation safety standards and safe operating practices;
(ii) Federal Aviation Regulations;
(iii) The certificate holder's operations specifications;
(iv) All appropriate maintenance and airworthiness requirements of
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 121 of
this chapter); and
(v) The manual required by Sec. 121.133 of this chapter; and
(3) Discharge their duties to meet applicable legal requirements
and to maintain safe operations.
(e) Each certificate holder must:
(1) State in the general policy provisions of the manual required
by Sec. 121.133 of this chapter, the duties, responsibilities, and
authority of personnel required under paragraph (a) of this section;
(2) List in the manual the names and business addresses of the
individuals assigned to those positions; and
(3) Notify the certificate-holding district office within 10 days
of any change in personnel or any vacancy in any position listed.
Sec. 119.67 Management personnel: Qualifications for operations
conducted under part 121 of this chapter.
(a) To serve as Director of Operations under Sec. 119.65(a) a
person must--
(1) Hold an airline transport pilot certificate;
(2) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational
control over any operations conducted with large aircraft under part
121 or part 135 of this chapter; and
(3) In the case of a person becoming a Director of Operations--
(i) For the first time ever, have at least 3 years experience,
within the past 6 years, as pilot in command of a large aircraft
operated under part 121 or part 135 of this chapter.
(ii) In the case of a person with previous experience as a Director
of Operations, have at least 3 years experience as pilot in command of
a large aircraft operated under part 121 or part 135 of this chapter.
(b) To serve as Chief Pilot under Sec. 119.65(a) a person must hold
an airline transport pilot certificate with appropriate ratings for at
least one of the aircraft used in the certificate holder's operation
and:
(1) In the case of a person becoming a Chief Pilot for the first
time ever, have at least 3 years experience, within the past 6 years,
as pilot in command of a large aircraft operated under part 121 or part
135 of this chapter.
(2) In the case of a person with previous experience as a Chief
Pilot, have at least 3 years experience, as pilot in command of a large
aircraft operated under part 121 or part 135 of this chapter.
(c) To serve as Director of Maintenance under Sec. 119.65(a) a
person must--
(1) Hold a mechanic certificate with airframe and power plant
ratings;
(2) Have 1 year of experience in a position responsible for
returning aircraft to service;
(3) Have at least 1 year of experience in a supervisory capacity
under either paragraph (c)(4)(i) or (c)(4)(ii) of this section
maintaining the same category and class of airplane as the certificate
holder uses; and
(4) Have 5 years experience within the past 5 years in one or a
combination of the following--
(i) Maintaining large aircraft, including at the time of
appointment as Director of Maintenance, experience in maintaining the
same category and class of aircraft as the certificate holder uses or
(ii) Repairing aircraft in a certificated airframe repair station
that is rated to maintain aircraft in the same category and class of
aircraft as the certificate holder uses.
(d) To serve as Chief Inspector under Sec. 119.65(a) a person
must--
(1) Hold a mechanic certificate with both airframe and power plant
ratings, and have held these ratings for at least 3 years; and
(2) Have at least 3 years of maintenance experience on different
types of large aircraft with an air carrier or certificated repair
station, 1 year of which must have been as maintenance inspector; and
(3) Have at least 1 year in a supervisory capacity maintaining
large aircraft.
(e) The Manager of the Flight Standards Division in the region of
the certificate-holding district office may authorize a certificate
holder to employ a person who does not meet the appropriate airman,
managerial, or supervisory experience requirements of this section if
the Manager of the Flight Standards Regional Division finds that the
person has comparable experience.
Sec. 119.69 Management personnel required for operations conducted
under part 135 of this chapter.
(a) Each certificate holder must have sufficient qualified
management and technical personnel to ensure the safety of its
operations. Except for a certificate holder using only 1 pilot in its
operations, the certificate holder must have qualified personnel
serving in the following or equivalent positions:
(1) Director of Operations.
(2) Chief Pilot.
(3) Director of Maintenance.
(b) The Administrator may approve positions or numbers of positions
other than those listed in paragraph (a) of this section for a
particular operation if the certificate holder shows that it can
perform the operation with the highest degree of safety under the
direction of fewer or different categories of management personnel due
to--
(1) The kind of operation involved;
(2) The number and type of aircraft used; and
(3) The area of operations.
(c) The title of the positions required under paragraph (a) of this
section or the title and number of equivalent positions approved under
paragraph (b) of this section shall be set forth in the certificate
holder's operations specifications.
(d) The individuals who serve in the positions required or approved
under paragraph (a) or (b) of this section and anyone in a position to
exercise control over operations conducted under the operating
certificate must--
(1) Be qualified through training, experience, and expertise;
(2) To the extent of their responsibilities, have a full
understanding of the following material [[Page 16288]] with respect to
the certificate holder's operation--
(i) Aviation safety standards and safe operating practices;
(ii) Federal Aviation Regulations;
(iii) The certificate holder's operations specifications;
(iv) All appropriate maintenance and airworthiness requirements of
this chapter (e.g., parts 1, 21, 23, 25, 43, 45, 47, 65, 91, and 135 of
this chapter); and
(v) The manual required by Sec. 135.21 of this chapter; and
(3) Discharge their duties to meet applicable legal requirements
and to maintain safe operations.
(e) Each certificate holder must--
(1) State in the general policy provisions of the manual required
by Sec. 135.21 of this chapter, the duties, responsibilities, and
authority of personnel required or approved under paragraph (a) or (b),
respectively, of this section;
(2) List in the manual the names and business addresses of the
individuals assigned to those positions; and
(3) Notify the certificate-holding District Office within 10 days
of any change in personnel or any vacancy in any position listed.
Sec. 119.71 Management personnel: Qualifications for operations
conducted under part 135 of this chapter.
(a) To serve as Director of Operations under Sec. 119.69(a) for a
certificate holder conducting any operations for which the pilot in
command is required to hold an airline transport pilot certificate a
person must hold an airline transport pilot certificate and either:
(1) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational
control over any operations conducted under part 121 or part 135 of
this chapter; or
(2) In the case of a person becoming Director of Operations--
(i) For the first time ever, have at least 3 years experience,
within the past 6 years, as pilot in command of an aircraft operated
under part 121 or part 135 of this chapter.
(ii) In the case of a person with previous experience as a Director
of Operations, have at least 3 years experience, as pilot in command of
an aircraft operated under part 121 or part 135 of this chapter.
(b) To serve as Director of Operations under 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 with an instrument
rating and either:
(1) Have at least 3 years supervisory or managerial experience
within the last 6 years in a position that exercised operational
control over any operations conducted under part 121 of part 135 of
this chapter or
(2) In the case of a person becoming Director of Operations--
(i) For the first time ever, have at least 3 years experience,
within the past 6 years, as pilot in command of an aircraft operated
under part 121 or part 135 of this chapter.
(ii) In the case of a person with previous experience as a Director
of Operations, have at least 3 years experience as pilot in command of
an aircraft operated under part 121 or part 135 of this chapter.
(c) To serve as Chief Pilot under Sec. 119.69(a) for a certificate
holder conducting any operation for which the pilot in command is
requited to hold an airline transport pilot certificate a person must
hold an airline pilot certificate with appropriate ratings and be
qualified to serve as pilot in command in at least one aircraft used in
the certificate holder's operation and:
(1) In the case of a person becoming a Chief Pilot for the first
time ever, have at least 3 years experience, within the past 6 years,
as pilot in command of an aircraft operated under part 121 or part 135
of this chapter.
(2) In the case of a person with previous experience as a Chief
Pilot, have at least 3 years experience as pilot in command of an
aircraft operated under part 121 or part 135 of this chapter.
(d) To serve as Chief Pilot under 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 with an instrument rating and be
qualified to serve as pilot in command in at least one aircraft used in
the certificate holder's operation and:
(1) In the case of a person becoming a Chief Pilot for the first
time ever, have at least 3 years experience, within the past 6 years,
as pilot in command of an aircraft operated under part 121 or part 135
of this chapter.
(2) In the case of a person with previous experience as a Chief
Pilot, have at least 3 years experience as pilot in command of an
aircraft operated under part 121 or part 135 of this chapter.
(e) To serve as Director of Maintenance under Sec. 119.69(a) a
person must hold a mechanic certificate with airframe and power plant
ratings and either:
(1) Have 3 years of experience within the past 3 years maintaining
aircraft as a certificated mechanic, including, at the time of
appointment as Director of Maintenance, experience in maintaining the
same category and class of aircraft as the certificate holder uses; or
(2) Have 3 years of experience within the past 3 years repairing
aircraft in a certificated airframe repair station, including 1 year in
the capacity of approving aircraft for return to service.
(f) The Manager of the Flight Standards Division in the region of
the certificate-holding district office may authorize a certificate
holder to employ a person who does not meet the appropriate airman,
managerial, or supervisory experience requirements of this section if
the Manager of the Flight Standards Regional Division finds that the
person has comparable experience.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
3. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
4. The heading for part 121 is revised to read as set forth above.
SFAR 38-2 [Removed]
5. Special Federal Aviation Regulation 38-2, Certification and
Operating Requirements is removed.
6. Section 121.1 is revised to read as follows:
Sec. 121.1 Applicability.
This part prescribes rules governing--
(a) The domestic, flag, and supplemental operations of each person
who is required to hold an Air Carrier Certificate or Operating
Certificate under part 119 of this chapter.
(b) Each person employed or used by a certificate holder conducting
operations under this part including maintenance, preventive
maintenance, and alteration of aircraft.
(c) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under SFAR No. 58, 14 CFR part 121, and each person
employed or used by an air carrier or commercial operator under this
part to perform training, qualification, or evaluation functions under
an Advanced Qualification Program under SFAR No. 58.
(d) Nonstop sightseeing flights that begin and end at the same
airport, and [[Page 16289]] are conducted within a 25 statute mile
radius of that airport; however, these operations must comply only with
Secs. 121.455 and 121.457.
(e) Each person who is on board an aircraft being operated under
this part.
(f) Each person who is an applicant for an Air Carrier Certificate
or an Operating Certificate under part 119 of this chapter, when
conducting proving tests.
7. Section 121.2 is added to read as follows:
Sec. 121.2 Compliance schedule for transition to part 121.
(a) Applicability. This section applies to the following:
(1) Each certificate holder that conducts scheduled passenger-
carrying operations with airplanes having a passenger seating
configuration of 10-30 seats and each certificate holder that conducts
scheduled passenger-carrying operations in turbojet engine powered
airplanes having a passenger seating configuration of 30 seats or fewer
that before [Insert date 30 days after publication date of final rule]
was issued an air carrier certificate or operating certificate and
operations specifications under the certification requirements of part
135 of this chapter or under SFAR 38-2.
(2) Each person who after [Insert date 30 days after publication
date of final rule] applies for or obtains an air carrier certificate
or operating certificate or operations specifications to conduct
operations described in paragraph (a) of this section.
(b) Obtaining operations specifications. Each person covered by
paragraph (a)(1) of this section shall before [Insert date 1 year after
publication date of final rule] obtain operations specifications to
conduct its scheduled operations under part 121 of this chapter.
(c) Regular or accelerated compliance. Except as provided in
paragraphs (d) and (e) of this section, each certificate holder covered
by paragraph (a) of this section shall comply with each applicable
requirement of part 121 of this chapter as of [Insert date 1 year after
publication date of final rule] or the date on which the certificate
holder is issued 14 CFR part 121 operations specifications, whichever
occurs first.
(d) Delayed retrofit requirements. No certificate holder that is
covered by paragraph (a) of this section may operate an airplane in 14
CFR part 121 operations on or after [Insert date 1 year after
publication date of the final rule] unless that airplane meets the
stated requirements:
(1) [2 years after publication date of final rule]:
(i) Section 121.289, Landing gear aural warning.
(ii) Section 121.293(a), Ditching emergency exits.
(iii) Section 121.308, Lavatory fire protection.
(iv) Section 121.310(c),(d), (e), and (h), Floor proximity
lighting; emergency exit handle illumination, and interior and exterior
emergency lighting, respectively.
(v) Section 121.312(c), Passenger seat cushion flammability.
(vi) Section 121.337(b), Protective breathing equipment.
(vii) Section 121.340, Floatation cushions.
(2) (4 years after publication date of final rule): Section
121.342, pitot heat indication system.
(e) New manufacture requirements. No certificate holder that is
covered by paragraph (a) of this section may operate an airplane in 14
CFR part 121 operations that is and manufactured on or after the date
stated on the certificate unless that airplane meets the stated
requirements:
(1) (1 year after publication date of final rule): Section
121.311(f), Safety belts and shoulder harnesses.
(2) (4 years after publication date of final rule):
(i) Section 121.293(b), Takeoff warning system.
(ii) Section 121.312(a), Interior materials flammability.
(iii) Section 121.314, Cargo and baggage compartments.
(f) New type certification requirements. No person may operate an
airplane for which the application for a type certificate was filed
after [Insert date of publication of NPRM] in 14 CFR part 121
operations unless that airplane is type certificated under part 25 of
this chapter.
(g) Transition plan. Before [Insert date 60 days after publication
date of final rule] each certificate holder described in paragraph
(a)(1) of this section must submit to the FAA a transition plan
(containing a calendar of events) for moving from conducting its
scheduled operations under the commuter requirements of part 135 of
this chapter to the requirements for domestic or flag operations under
this part. Each transition plan must contain details on the following:
(1) Plans for obtaining new operations specifications authorizing
domestic or flag operations;
(2) Plans for being in compliance with the applicable requirements
of this part on or before [Insert date 1 year after the publication
date of the final rule]; and
(3) Plans for complying with the compliance date schedules
contained in paragraphs (d) and (e) of this section.
Secs. 121.3, 121.5, 121.7, 121.9, and 121.13 [Removed]
8. Sections 121.3, 121.5, 121.7, 121.9, and 121.13 are removed.
Sec. 121.4 [Amended]
9. Section 121.4 is amended by removing ``Sec. 121.3'' wherever it
appears and adding in its place ``part 119 of this chapter''.
10. Section 121.15 is revised to read as follows:
Sec. 121.15 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If a certificate holder operating under this part permits any
aircraft owned or leased by that holder to be engaged in any operation
that the certificate holder knows to be in violation of Sec. 91.19(a)
of this chapter, that operation is a basis for suspending or revoking
the certificate.
Subpart B--[Removed and Reserved]
11. Subpart B (Sections 121.21 through 121.29) is removed, and the
subpart heading is reserved.
Subpart C--[Removed and Reserved]
12. Subpart C (Secs. 121.41 through 121.61) is removed and the
subpart heading is reserved.
Subpart D--[Removed and Reserved]
13. Subpart D (Secs. 121.71 through 121.83) is removed and the
subpart heading is reserved.
14. Section 121.141 is amended by revising the section heading,
paragraph (a), and the introductory text of paragraph (b) to read as
follows:
Sec. 121.141 Airplane flight manual.
(a) Each certificate holder shall keep a current approved airplane
flight manual for each type of aircraft that it operates except for
nontransport category airplanes certificated before January 1, 1965.
(b) In each airplane identified in paragraph (a) of this section,
the certificate holder shall carry either the manual required by
Sec. 121.133, if it contains the information required for the
applicable flight manual and this information is clearly identified as
flight manual requirements, or an approved Airplane Manual. If the
certificate holder elects to carry the manual required by Sec. 121.133,
he may revise the operating procedures sections and modify the
presentation of performance data from the applicable flight manual if
the revised operating procedures and [[Page 16290]] modified
performance date presentation are--
* * * * *
15. Section 121.157 is amended by revising paragraphs (b) and (e)
and by adding a new paragraph (f) to read as follows:
Sec. 121.157 Aircraft certification and equipment requirements.
* * * * *
(b) Airplanes certificated after June 30, 1942. Except as provided
in paragraphs (c), (d), (e), and (f) of this section, no certificate
holder may operate an airplane that was type certificated after June
30, 1942, unless it is certificated as a transport category airplane
and meets the requirements of Sec. 121.173(a), (b), (d), and (e).
* * * * *
(e) Commuter category and predecessor airplanes. Except as provided
in paragraphs (c) and (d) of this section, no certificate holder may
operate a nontransport category airplane type certificated after
December 31, 1964, under this part, unless it meets the applicable
requirements of Sec. 121.173(a), (b), (d), and (e) and was type
certificated in the commuter category or meets one of the following
requirements:
(1) The airplane was type certificated in the normal category
before July 1, 1970, and meets special conditions issued by the
Administrator for airplanes intended for use in operations under part
135 of this chapter.
(2) The airplane was type certificated in the normal category
before July 19, 1970, and meets the additional airworthiness standards
in SFAR No. 23, 14 CFR part 23.
(3) The airplane was type certificated in the normal category and
meets the additional airworthiness standards in appendix A of part 135
of this chapter.
(4) The airplane was type certificated in the normal category and
complies with either section 1.(a) or 1.(b) of SFAR No. 41, 14 CFR part
21.
(f) Newly type certificated airplanes. No person may operate an
airplane for which the application for a type certificate is submitted
after [Insert publication date of NPRM] unless the airplane is type
certificated under part 25 of this chapter.
16. Section 121.159 is revised to read as follows:
Sec. 121.159 Single-engine airplanes prohibited.
No certificate holder may operate a single-engine airplane under
this part.
17. Section 121.163 is amended by revising paragraphs (a), (b), and
(c) and the introductory text of paragraph (d) to read as follows:
Sec. 121.163 Airplane proving tests.
(a) Initial airplane proving tests. No person may operate an
airplane not before proven for use in a kind of operation under this
part unless an airplane of that type has had, in addition to the
airplane certification tests, at least 100 hours of proving tests
acceptable to the Administrator, including a representative number of
flights into en route airports. The requirement for at least 100 hours
of proving tests may be reduced by the Administrator if the
Administrator determines that a satisfactory level of proficiency has
been demonstrated to justify the reduction. At least 10 hours of
proving flights must be flown at night; these tests are irreducible.
(b) Proving tests for kinds of operations. Unless otherwise
authorized by the Administrator, for each type of airplane, a
certificate holder must conduct at least 50 hours of proving tests
acceptable to the Administrator for each kind of operation it intends
to conduct, including a representative number of flights into en route
airports.
(c) Proving tests for materially altered airplanes. Unless
otherwise authorized by the Administrator, for each type of airplane
that is materially altered in design, a certificate holder must conduct
at least 50 hours of proving tests acceptable to the Administrator for
each kind of operation it intends to conduct with that airplane,
including a representative number of flights into en route airports.
(d) Definition of materially altered. For the purposes of paragraph
(c) of this section, a type of airplane is considered to be materially
altered in design if the alterations include--
* * * * *
18. Subpart I is amended by removing the words ``transport
category'' wherever they appear.
18A. Paragraphs (a) through (e) of Sec. 121.173 are revised to read
as follows:
Sec. 121.173 General.
(a) Except as provided in paragraph (c) of this section, each
certificate holder operating a reciprocating-engine-powered airplane
shall comply with Secs. 121.175 through 121.187.
(b) Except as provided in paragraph (c) of this section, each
certificate holder operating a turbine-engine-powered airplane shall
comply with the applicable provisions of Secs. 121.189 through 121.197,
except that when it operates a turbo-propeller-powered airplane type
certificated after August 29, 1959, but previously type certificated
with the same number of reciprocating engines, it may comply with
Secs. 121.175 through 121.187.
(c) Each certificate holder operating a large nontransport category
airplane type certificated before January 1, 1965, shall comply with
Secs. 121.199 through 121.205 and any determination of compliance must
be based only on approved performance data.
(d) The performance data in the Airplane Flight Manual applies in
determining compliance with Secs. 121.175 through 121.197. Where
conditions are different from those on which the performance data is
based, compliance is determined by interpolation or by computing the
effects of changes in the specific variables if the results of the
interpolation or computations are substantially as accurate as the
results of direct tests.
(e) Except as provided in paragraph (c) of this section, no person
may take off a reciprocating engine powered airplane at a weight that
is more than the allowable weight for the runway being used (determined
under the runway takeoff limitations of the transport category
operating rules of 14 CFR part 121, subpart I) after taking into
account the temperature operating correction factors in the applicable
Airplane Flight Manual.
* * * * *
19. Section 121.175 is amended by revising the section heading and
adding a new paragraph (f) to read as follows:
Sec. 121.175 Airplanes: Reciprocating engine powered: Weight
limitations.
* * * * *
(f) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
20. Section 121.177 is amended by revising the section heading and
adding a new paragraph (c) to read as follows:
Sec. 121.177 Airplanes: Reciprocating engine powered: Takeoff
limitations.
* * * * *
(c) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
21. Section 121.179 is amended by revising the section heading and
adding a new paragraph (c) to read as follows:
Sec. 121.179 Airplanes: Reciprocating engine powered: En route
limitations: all engines operating.
* * * * *
(c) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
22. Section 121.181 is amended by revising the section heading and
adding a new paragraph (d) to read as follows: [[Page 16291]]
Sec. 121.181 Airplanes: Reciprocating engine powered: En route
limitations: One engine inoperative.
* * * * *
(d) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
23. Section 121.185 is amended by revising the section heading and
adding a new paragraph (c) to read as follows:
Sec. 121.185 Airplanes: Reciprocating engine powered: Landing
limitations: Destination airport.
* * * * *
(c) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
24. Section 121.187 is amended by revising the section heading,
designating the existing text as paragraph (a), and by adding a new
paragraph (b) to read as follows:
Sec. 121.187 Airplanes: Reciprocating engine powered: Landing
limitations: Alternate airport.
* * * * *
(b) This section does not apply to large nontransport category
airplanes operated under Sec. 121.173(c).
25. Section 121.211 is revised to read as follows:
Sec. 121.211 Applicability.
(a) This subpart prescribes special airworthiness requirements
applicable to certificate holders as stated in paragraphs (b) through
(e) of this section.
(b) Except as provided in paragraph (d) of this section, each
airplane type certificated under Aero Bulletin 7A or part 4 of the
Civil Air Regulations in effect before November 1, 1946 must meet the
special airworthiness requirements in Secs. 121.215 through 121.283.
(c) Each certificate holder must comply with the requirements of
Secs. 121.285 through 121.291.
(d) If the Administrator determines that, for a particular model of
airplane used in cargo service, literal compliance with any requirement
under paragraph (b) of this section would be extremely difficult and
that compliance would not contribute materially to the objective
sought, he may require compliance only with those requirements that are
necessary to accomplish the basic objectives of this part.
(e) No person may operate under this part a nontransport category
airplane type certificated after December 31, 1964 unless the airplane
meets the special airworthiness requirements in Sec. 121.293.
Sec. 121.213 [Removed and Reserved]
26. Section 121.213 is removed and reserved.
27. Section 121.285 is amended by revising paragraph (a) and by
adding a new paragraph (d) to read as follows:
Sec. 121.285 Carriage of cargo in passenger cargo compartments.
(a) Except as provided in paragraph (b), (c), or (d) or this
section, no certificate holder may carry cargo in the passenger
compartment of an airplane.
* * * * *
(d) Cargo may be carried anywhere in the passenger compartment of a
nontransport category airplane type certificated after December 31,
1964, in an approved cargo rack, bin, or compartment installed in or on
the airplane or if it is carried in accordance with paragraphs (c)(1)
through (c)(5) of this section.
Sec. 121.289 [Amended]
28. Section 121.289(a) introductory text is amended by removing the
word ``large.''
29. Section 121.291 is amended by revising the introductory text of
paragraph (b) and the introductory text of paragraph (c) to read as
follows:
Sec. 121.291 Demonstration of emergency evacuation procedures.
* * * * *
(b) Each certificate holder conducting operations with airplanes
with a seating capacity of more than 44 passengers must conduct a
partial demonstration of emergency evacuation procedures in accordance
with paragraph (c) of this section upon:
* * * * *
(c) In conducting the partial demonstration required by paragraph
(b) of this section, each certificate holder must:
* * * * *
30. A new Sec. 121.293 is added to read as follows:
Sec. 121.293 Special airworthiness requirements for nontransport
category airplanes type certificated after December 31, 1964.
(a) No person may operate a nontransport category airplane type
certificated after December 31, 1964, unless the airplane meets the
requirements for ditching emergency exits in Sec. 23.807(e) of this
chapter.
(b) No certificate holder may operate a nontransport category
airplane manufactured after [Insert date 4 years after publication date
of final rule] unless the airplane contains a takeoff warning system
that meets the requirements of Sec. 25.703. However, the takeoff
warning system does not have to cover any device for which it can be
demonstrated that takeoff with that device in the most adverse position
would not create a hazardous condition.
Sec. 121.308 [Amended]
31. Section 121.308 is amended by removing the words ``transport
category'' in paragraphs (a) and (b).
32. Section 121.309 is amended by revising paragraphs (c)(7),
(d)(1), and (e) to read as follows:
Sec. 121.309 Emergency equipment.
* * * * *
(c) * * *
(7) At least two of the required hand fire extinguisher installed
in passenger-carrying airplanes must contain Halon 1211
(bromochlorofluoromethane) or equivalent as the extinguishing agent. At
least one hand fire extinguisher in the passenger compartment must
contain Halon 1211 or equivalent.
* * * * *
(d) First aid and emergency medical equipment and protective
gloves. (1) For treatment of injuries or medical emergencies that might
occur during flight time or in minor accidents each passenger-carrying
airplane must have the following equipment that meets the
specifications and requirements of appendix A of this part:
(i) Approved first aid kits and
(ii) For airplanes requiring a flight attendant, an emergency
medical kit.
* * * * *
(e) Crash ax. Each airplane with a separate flight deck and
lockable door must be equipped with a crash ax.
* * * * *
33. Section 121.310 is amended by revising paragraph (d)(2)(i) and
paragraph (f) introductory text to read as follows:
Sec. 121.310 Additional emergency equipment.
* * * * *
(d) * * *
(2) * * *
(i) Be operable manually both from the flight crew station and, for
airplanes on which a flight attendant is required, from a point in the
passenger compartment that is readily accessible to a normal flight
attendant seat;
(f) Emergency exit access. Except for nontransport category
airplanes certificated after December 31, 1964, access to emergency
exits must be provided as follows for each passenger-carrying airplane:
* * * * *
34. Section 121.312 is amended by adding the words ``transport
category'' before the word ``airplanes'' in [[Page 16292]] paragraph
(b) and by adding a new paragraph (c) to read as follows:
Sec. 121.312 Materials for compartment interiors.
* * * * *
(c) For nontransport category airplanes type certificated after
December 31, 1964, after [Insert date 2 years after effective date of
final rule] or after the seat cushion is replaced, whichever occurs
first, each seat cushion, except those on flight crewmember seats, in
any compartment occupied by crew or passengers must comply with the
requirements pertaining to fire protection of seat cushions in
Sec. 25.853(c) of this chapter, effective November 26, 1984, and
appendix F to part 25 of this chapter, effective November 26, 1984. The
Administrator may grant a deviation from this requirement for up to an
additional 2 years if he finds that it is justified by an integral-seat
cushion configuration.
35. Section 121.313(f) is revised to read as follows:
Sec. 121.313 Miscellaneous equipment.
* * * * *
(f) A door between the passenger and pilot compartments, with a
locking means to prevent passengers from opening it without the pilot's
permission, except that nontransport category airplanes certificated
after December 31, 1964, without a door are not required to comply with
this paragraph.
* * * * *
36. Section 121.337 is amended by removing the words ``transport
category'' from the introductory text in paragraph (b) and by revising
paragraph (b)(9)(iv) to read as follows:
Sec. 121.337 Protective breathing equipment.
* * * * *
(b) * * *
(9) * * *
(iv) Except airplanes having a passenger-seating configuration of
fewer than 20 passenger seats, excluding any required crewmember seat,
and a payload capacity of 7,500 pounds or less, in each passenger
compartment, one located within 3 feet of each hand fire extinguisher
required by Sec. 121.309, except that the Administrator may authorize a
deviation allowing locations of PBE more than 3 feet from required hand
fire extinguisher locations if special circumstances exist that make
compliance impractical and the proposed deviation provides an
equivalent level of safety.
* * * * *
37. Section 121.340 is amended by revising paragraph (a) to read as
follows:
Sec. 121.340 Emergency flotation means.
(a) Except as provided in paragraph (b) of this section, no person
may operate an airplane in any overwater operation unless it is
equipped with life preservers in accordance with Sec. 121.339(a)(1) or
with an approved flotation means for each occupant. This means must be
within easy reach of each seated occupant and must be readily removable
from the airplane.
* * * * *
Sec. 121.342 [Amended]
38. Section 121.342 is amended by adding the words ``or a
nontransport category airplane type certificated after December 31,
1964, ``after the word ``airplane'' in paragraph (a).
Sec. 121.343 [Amended]
39. Section 121.343 is amended by revising the section heading to
read ``Flight recorders: Airplanes with a payload capacity of more than
7,500 pounds.''
40. Section 121.344 is added to read as follows:
Sec. 121.344 Flight recorders: Airplanes with a payload capacity of
7,500 pounds or less.
No person may operate an airplane with a payload capacity of 7,500
pounds or less unless it meets the requirements for flight recorders in
Sec. 135.152 of this chapter.
41. Section 121.356 is amended by revising the introductory text of
paragraph (c) to read as follows:
Sec. 121.356 Traffic Alert and Collision Avoidance System.
* * * * *
(c) The appropriate manuals required by Sec. 121.131 shall contain
the following information on the TCAS II System or TCAS I System, as
appropriate, as required by this section:
* * * * *
41. Section 121.357 is amended by revising paragraph (a) and
introductory text of paragraph (c) to read as follows:
Sec. 121.357 Airborne weather radar equipment requirements.
(a) No person may operate any airplane (except C-46 type airplanes)
unless approved airborne weather radar equipment has been installed in
the airplane.
* * * * *
(c) Each person operating an airplane required to have approved
airborne weather radar equipment installed shall, when using it under
this part, operate it in accordance with the following:
* * * * *
42. Section 121.359 is amended by revising paragraphs (a), (b), and
(c) to read as follows:
Sec. 121.359 Cockpit voice recorders.
(a) No certificate holder may operate a turbine-powered airplane or
a large pressurized airplane with four reciprocating engines unless an
approved cockpit voice recorder is installed in that airplane and is
operated continuously from the start of the use of the checklist
(before starting engines for the purpose of flight) to completion of
the final checklist at the termination of the flight.
(b) The cockpit voice recorder required by this section for a
turbine-powered airplane having a passenger seating configuration of 10
to 19 seats and a maximum payload capacity of 7,500 pounds or less must
comply with the following application standards: Sec. 23.1457(a)(1) and
(2), (b), (c), (d), (e), (f), and (g); or Sec. 25.1457(a)(1) and (2),
(b), (c), (d), (e), (f), and (g) of this chapter, as applicable.
(c) Except as provided in paragraph (b), the cockpit voice recorder
required by this section must meet the following application standards:
(1) The requirements of Sec. 25.1457 of this chapter.
(2) Each recorder container must--
(i) Be either bright orange or bright yellow;
(ii) Have reflective tape affixed to the external surface to
facilitate its location under water; and
(iii) Have an approved underwater locating device on or adjacent to
the container which is secured in such a manner that they are not
likely to be separated during crash impact, unless the cockpit voice
recorder, and the flight recorder required by Sec. 121.343, are
installed adjacent to each other in such a manner that they are not
likely to be separated during crash impact.
* * * * *
43. Section 121.380 is amended by revising paragraphs (a)
introductory text, (a)(2)(i), (a)(2)(ii), (a)(2)(v), (a)(2)(vi),
(b)(1), and (b)(2) to read as follows:
Sec. 121.380 Maintenance recording requirements.
(a) Each certificate holder shall keep (using the system specified
in the manual required in Sec. 121.369) the following records for the
periods specified in paragraph (b) of this section:
* * * * *
(2) * * *
(i) The total time in service of the airframe, engine, and
propeller. [[Page 16293]]
(ii) The current status of life-limited parts of each airframe,
engine, propeller, and appliance.
* * * * *
(v) The current status of applicable airworthiness directives,
including the date and methods of compliance, and, if the airworthiness
directive involves recurring action, the time and date when the next
action is required.
(vi) A list of current major alterations to each airframe, engine,
propeller, and appliance.
(b) * * *
(1) Except for the records of the last complete overhaul of each
airframe, engine, propeller, and appliance, the records specified in
paragraph (a)(1) of this section shall be retained until the work is
repeated or superseded by other work or for one year after the work is
performed.
(2) The records of the last complete overhaul of each airframe,
engine, propeller, and appliance shall be retained until the work is
superseded by work of equivalent scope and detail.
* * * * *
44. Section 121.391 is amended by redesignating paragraphs (a)(2)
and (a)(3) as paragraphs (a)(3) and (a)(4), respectively; by revising
paragraphs (a) introductory text and (a)(1); by adding a new paragraph
(a)(2); and by removing paragraph (e) to read as follows:
Sec. 121.391 Flight attendants.
(a) Each certificate holder shall provide at least the following
flight attendants on each passenger-carrying airplane used:
(1) For airplanes having a maximum payload capacity of more than
7,500 pounds and having a seating capacity of more than 9 but less than
51 passengers--one flight attendant.
(2) For airplanes having a maximum payload capacity of 7,500 pounds
or less and having a seating capacity of more than 19 but less than 51
passengers--one flight attendant.
* * * * *
45. Section 121.393 is added to read as follows:
Sec. 121.393 Crewmember requirements at stops where passengers remain
on board.
At stops where passengers remain on board, the certificate holder
must meet the following requirements:
(a) Certificate holders who are not required to use a flight
attendant under Sec. 121.391(a) must have on board a person who is
qualified in the emergency evacuation procedures for that aircraft as
required in Sec. 121.417. That person must be identified to the
passengers.
(b) If flight attendants are required, but the number of flight
attendants remaining on board is fewer than required by
Sec. 121.391(a), the certificate holder must meet the following
requirements:
(1) The certificate holder must ensure that the airplane's engines
are shut down and at least one floor-level exit remains open to provide
for passenger deplaning.
(2) The number of flight attendants on board must be at least half
the number required by Sec. 121.391(a), rounded down to the next lower
number in the case of fractions, but never fewer than one.
(3) The certificate holder may substitute for the required flight
attendants other persons qualified in the emergency evacuation
procedures for that aircraft as required in Sec. 121.417, if these
persons are identified to the passengers.
(c) If only one flight attendant or other qualified person is on
board during a stop, that flight attendant or other qualified person
shall be located in accordance with the certificate holder's FAA-
approved operating procedures. If more than one flight attendant or
other qualified person is on board, the flight attendants or other
qualified persons shall be spaced throughout the cabin to provide the
most effective assistance for the evacuation in case of an emergency.
Sec. 121.435 [Removed]
46. Section 121.435 is removed.
47. Section 121.463 is amended by revising paragraphs (a)(2) and
(c) to read as follows:
Sec. 121.463 Aircraft dispatcher qualifications.
(a) * * *
(2) Operating familiarization consisting of at least 5 hours
observing operations under this part from the flight deck or, for
airplanes without an observer seat on the flight deck, from a forward
passenger seat with headset or speaker. This requirement may be reduced
to a minimum of 2\1/2\ hours by the substitution of one additional
takeoff and landing for an hour of flight. A person may serve as an
aircraft dispatcher without meeting the requirement of this paragraph
(a) for 90 days after initial introduction of the airplane into
operations under this part.
* * * * *
(c) No certificate holder conducting domestic or flag operations
may use any person, nor may any person serve, as an aircraft dispatcher
unless within the preceding 12 calendar months the aircraft dispatcher
has satisfactorily completed operating familiarization consisting of at
least 5 hours observing operations under this part, in one of the types
of airplanes in each group to be dispatched. This observation shall be
made from the flight deck or, for airplanes without an observer seat on
the flight deck, from a forward passenger seat with headset or speaker.
The requirement of this paragraph (a) may be reduced to a minimum of
2\1/2\ hours by the substitution of one additional takeoff and landing
for an hour of flight. The requirement of this paragraph (a) may be
satisfied by observation of 5 hours of simulator training for each
airplane group in one of the simulators approved under Sec. 121.407 for
the group. However, if the requirement of this paragraph (a) is met by
the use of a simulator, no reduction in hours is permitted.
* * * * *
Secs. 121.557 and 121.559 [Removed]
48. Sections 121.557 and 121.559 are removed.
49. Section 121.571 is amended by adding a new paragraph (a)(1)(v)
and by revising the introductory text of paragraph (a)(3) to read as
follows:
Sec. 121.571 Briefing passengers before take-off.
(a) * * *
(1) * * *
(v) On operations that do not use a flight attendant, the following
additional information:
(A) The placement of seat backs in an upright position before
takeoff and landing.
(B) Location of survival equipment.
(C) If the flight involves operations above 12,000 MSL, the normal
and emergency use of oxygen.
(D) Location and operation of fire extinguisher.
* * * * *
(3) Except as provided in paragraph (a)(4) of this section, before
each takeoff a required crewmember assigned to the flight shall conduct
an individual briefing of each person who may need the assistance of
another person to move expeditiously to an exit in the event of an
emergency. In the briefing the required crewmember shall--
* * * * *
50. Section 121.578(b) introductory text is revised to read as
follows:
Sec. 121.578 Cabin ozone concentration.
* * * * *
(b) Except as provided in paragraphs (d) and (e) of this section,
no certificate holder may operate an airplane above the following
flight levels unless it is successfully demonstrated to the
Administrator that the concentration of ozone inside the cabin will not
exceed--
* * * * * [[Page 16294]]
51. Section 121.581 is amended by revising paragraph (a) and by
adding a new paragraph (c) to read as follows:
Sec. 121.581 Forward observer's seat: En route inspections.
(a) Except as provided in paragraph (c) of this section, each
certificate holder shall make available a seat on the flight deck of
each airplane, used by it in air commerce, for occupancy by the
Administrator while conducting en route inspections. The location and
equipment of the seat, with respect to its suitability for use in
conducting en route inspections, is determined by the Administrator.
* * * * *
(c) For any airplane that does not have an observer seat on the
flight deck, the certificate holder must provide a forward passenger
seat with headset or speaker for occupancy by the Administrator while
conducting en route inspections.
Sec. 121.583 [Amended]
52. Section 121.583(a) is amended by removing the reference to
``,121.161,.''
53. Section 121.590 is amended by revising paragraph (a) and (b) to
read as follows: paragraph (b) to read as follows:
Sec. 121.590 Use of certificated land airports.
(a) Except as provided in paragraph (b) of this section or unless
otherwise authorized by the Administrator, no air carrier, and no pilot
being used by an air carrier may, in the conduct of operations governed
by this part, operate an aircraft into a land airport in any State of
the United States, the District of Columbia, or any territory or
possession of the United States, unless that airport is certificated
under part 139 of this chapter. However, an air carrier may designate
and use as a required alternate airport for departure or destination an
airport that is not certificated under part 139 of this chapter.
(b) Certificate holders conducting passenger-carrying operations
with airplanes designed for less than 31 passenger seats may operate
those airplanes into airports not certificated under part 139 of this
chapter if the following conditions are met:
(1) The airport is adequate for the proposed operation, considering
such items as size, surface, obstructions, and lighting.
(2) For an airplane carrying passengers at night, the pilot may not
take off from, or land at, an airport unless--
(i) The pilot has determined the wind direction from an illuminated
wind direction indicator or local ground communications or, in the case
of takeoff, that pilot's personal observations; and
(ii) The limits of the area to be used for landing or takeoff are
clearly shown by boundary or runway marker lights. If the area to be
used for takeoff or landing is marked by flare pots or lanterns, their
use must be approved by the Administrator.
54. Section 121.703 is amended by revising paragraphs (a)(12) and
(f) to read as follows:
Sec. 121.703 Mechanical reliability reports.
(a) * * *
(12) An unwanted landing gear extension or retraction, or an
unwanted opening or closing of landing gear doors during flight;
* * * * *
(f) A certificate holder that is also the holder of a Type
Certificate (including a Supplemental Type Certificate), a Parts
Manufacturer Approval, or a Technical Standard Order Authorization, or
that is the licensee of a type certificate holder, need not report a
failure, malfunction, or defect under this section if the failure,
malfunction, or defect has been reported by it under Sec. 21.3 of this
chapter or under the accident reporting provisions of 14 CFR part 830.
* * * * *
55. Section 121.713 is revised to read as follows:
Sec. 121.713 Retention of contracts and amendments: Commercial
operators
who conduct intrastate operations for compensation or hire.(a) Each
commercial operator who conducts intrastate operations for compensation
or hire shall keep a copy of each written contract under which it
provides services as a commercial operator for a period of at least 1
year after the date of execution of the contract. In the case of an
oral contract, it shall keep a memorandum stating its elements, and of
any amendments to it, for a period of at least one year after the
execution of that contract or change.
(b) Each commercial operator who conducts intrastate operations for
compensation or hire shall submit a financial report for the first 6
months of each fiscal year and another financial report for each
complete fiscal year. If that person's operating certificate is
suspended for more than 29 days, that person shall submit a financial
report as of the last day of the month in which the suspension is
terminated. The report required to be submitted by this section shall
be submitted within 60 days of the last day of the period covered by
the report and must include--
(1) A balance sheet that shows assets, liabilities, and net worth
on the last day of the reporting period;
(2) The information required by Sec. 119.35(h)(2), (h)(7), and
(h)(8) of this chapter;
(3) An itemization of claims in litigation against the applicant,
if any, as of the last day of the period covered by the report;
(4) A profit and loss statement with the separation of items
relating to the applicant's commercial operator activities from his
other business activities, if any; and
(5) A list of each contract that gave rise to operating income on
the profit and loss statement, including the names and addresses of the
contracting parties and the nature, scope, date, and duration of each
contract.
55A. The title for 14 CFR part 125 is revised to read as follows:
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
56. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
57. Paragraph (b)(4) of Sec. 125.1 is revised to read as follows:
Sec. 125.1 Applicability.
* * * * *
(b) * * *
(4) They are being operated under part 91 by an operator
certificated to operate those airplanes under the rules of part 121,
135, or 137 of this chapter, they are being operated under the
applicable rules of part 121 or part 135 of this chapter by an
applicant for a certificate under part 119 of this chapter or they are
being operated by a foreign air carrier or a foreign person engaged in
common carriage solely outside the United States under part 91 of this
chapter; or
* * * * *
PART 127--CERTIFICATION AND OPERATIONS OF SCHEDULED AIR CARRIERS
WITH HELICOPTERS
58. Part 127 is removed.
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
59. The authority citation for part 135 is revised to read as
follows:
[[Page 16295]] Authority: 49 U.S.C. 106(g), 1153, 40101, 40102,
40103, 40113, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903,
44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105.
60. The heading for part 135 is revised to read as set forth above.
61. Section 135.1 is revised to read as follows:
Sec. 135.1 Applicability.
(a) This part prescribes rules governing--
(1) The commuter or on-demand operations of each person who is
required to hold an Air Carrier Certificate or Operating Certificate
under part 119 of this chapter.
(2) Each person employed or used by a certificate holder conducting
operations under this part including the maintenance, preventative
maintenance and alteration of an aircraft.
(3) The transportation of mail by aircraft conducted under a postal
service contract awarded under 39 U.S.C. 5402c.
(4) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under SFAR No. 58 and each person employed or used
by an air carrier or commercial operator under this part to perform
training, qualification, or evaluation functions under an Advanced
Qualification Program under SFAR No. 58.
(5) Nonstop sightseeing flights for compensation or hire that begin
and end at the same airport, and are conducted within a 25 statute mile
radius of that airport; however, these operations must comply only with
Secs. 135.249, 135.251, 135.253, 135.255, and 135.353.
(6) Each person who is on board an aircraft being operated under
this part.
(7) Each person who is an applicant for an Air Carrier Certificate
or an Operating Certificate under 119 of this chapter, when conducting
proving tests.
62. Section 135.2 is revised to read as follows:
Sec. 135.2 Compliance schedule for transition to part 121.
(a) Applicability. This section applies to the following:
(1) Each certificate holder that conducts scheduled passenger-
carrying operations with airplanes having a passenger seating
configuration of 10 to 30 seats and each certificate holder that
conducts scheduled passenger-carrying operations in turbojet engine
powered airplanes having a passenger seating configuration of 30 seats
or fewer that before [Insert date 30 days after publication date of
final rule] was issued an air carrier certificate or operating
certificate and operations specifications under the certification
requirements of part 135 of this chapter or under SFAR 38-2.
(2) Each person who after [Insert date 30 days after publication
date of final rule] applies for or obtains an air carrier certificate
or operating certificate or operations specifications to conduct
operations described in paragraph (a) of this section.
(b) Obtaining operations specifications. Each person covered by
paragraph (a)(1) of this section shall before [Insert date 1 year after
publication date of final rule] obtain operations specifications to
conduct its scheduled operations under part 121 of this chapter.
(c) Regular or accelerated compliance. Except as provided in
paragraphs (d) and (e) of this section, each certificate holder covered
by paragraph (a) of this section shall comply with each applicable
requirement of part 121 of this chapter as of [Insert date 1 year after
publication date of final rule] or the date on which the certificate
holder is issued 14 CFR part 121 operations specifications, whichever
occurs first.
(d) Delayed retrofit requirements. No certificate holder that is
covered by paragraph (a) of this section may operate an airplane in 14
CFR part 121 operations on or after the date stated on the certificate
unless that airplane meets the stated requirements:
(1) [2 years after publication date of final rule]
(i) Section 121.289, Landing gear aural warning.
(ii) Section 121.293(a), Ditching emergency exits.
(iii) Section 121.308, Lavatory fire protection.
(iv) Section 121.310 (c), (d), (e), and (h), Floor proximity
lighting; emergency exit handle illumination, and interior and exterior
emergency lighting, respectively.
(v) Section 121.312(c), Passenger seat cushion flammability.
(vi) Section 121.337(b), Protective breathing equipment.
(vii) Section 121.340, Floatation cushions.
(2) [4 years after publication date of final rule]: Section
121.342, pitot heat indication system.
(e) New manufacture requirements. No certificate holder that is
covered by paragraph (a) of this section may operate an airplane in 14
CFR part 121 operations that is and manufactured on or after the date
stated on the certificate unless that airplane meets the stated
requirements:
(1) [1 year after publication date of final rule]: Section
121.311(f), Safety belts and shoulder harnesses.
(2) [4 years after publication date of final rule]:
(i) Section 121.293(b), Takeoff warning system.
(ii) Section 121.312(a), Interior materials flammability.
(iii) Section 121.314, Cargo and baggage compartments.
(f) New type certification requirements. No person may operate an
airplane for which the application for a type certificate was filed
after [Insert date of publication of NPRM] in 14 CFR part 121
operations unless that airplane is type certificated under part 25 of
this chapter.
(g) Transition plan. Before [Insert date 60 days after publication
of final rule] each certificate holder described in paragraph (a)(1) of
this section must submit to the FAA a transition plan (containing a
calendar of events) for moving from conducting its scheduled operations
under the commuter requirements of part 135 of this chapter to the
requirements for domestic or flag operations under part 121 of this
chapter. Each transition plan must contain details on the following:
(1) Plans for obtaining new operations specifications authorizing
domestic or flag operations;
(2) Plans for being in compliance with the applicable requirements
of part 121 of this chapter on or before [Insert date 1 year after the
publication date of the final rule].
(3) Plans for complying with the compliance date schedules
contained in paragraphs (d) and (e) of this section.
Secs. 135.5, 135.9, 135.11, 135.13, 135.15, 135.17, and
135.19 [Removed]
63. Sections 135.5, 135.9, 135.11, 135.13, 135.15, 135.17, and
135.19 are removed.
Sec. 135.7 [Amended]
64. Section 135.7 is amended by removing ``Sec. 135.5'' wherever it
appears and adding in its place ``part 119 of this chapter''.
Sec. 135.21 [Amended]
65. Section 135.21 (b) and (f) are amended by revising ``principal
operations base'' to read ``principal base of operations.''
Sec. 135.23 [Amended]
66. Section 135.23(a) is amended by removing the reference
``Sec. 135.37(a)'' and adding in its place ``Sec. 119.69(a) of this
chapter''.
[[Page 16296]] Sec. 135.27, 135.29, 135.31, 135.33, 135.35, 135.37, and
135.39 [Removed]
67. Section 135.27, 135.29, 135.31, 135.33, 135.35, 135.37, and
135.39 are removed.
68. Section 135.41 is revised to read as follows:
Sec. 135.41 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate operating under this part allows any
aircraft owned or leased by that holder to be engaged in any operation
that the certificate holder knows to be in violation of Sec. 91.19(a)
of this chapter, that operation is a basis for suspending or revoking
the certificate.
Sec. 135.43 [Amended]
69. Section 135.43 is amended by:
(A) Revising ``FAA Flight Standards District Office charged with
the overall inspection'' in paragraph (b) to read `` certificate-
holding district office.''
(B) Revising ``Flight Standards District Office'' in paragraph (c)
to read ``certificate-holding district office.''
70. Section 135.64 is added to read as follows:
Sec. 135.64 Retention of contracts and amendments: Commercial
operators who conduct intrastate operations for compensation or hire.
(a) Each commercial operator who conducts intrastate operations for
compensation or hire shall keep a copy of each written contract under
which it provides services as a commercial operator for a period of at
least one year after the date of execution of the contract. In the case
of an oral contract, it shall keep a memorandum stating its elements,
and of any amendments to it, for a period of at least one year after
the execution of that contract or change.
(b) Each commercial operator who conducts intrastate operations for
compensation or hire shall submit a financial report for the first 6
months of each fiscal year and another financial report for each
complete fiscal year. If that person's operating certificate is
suspended for more than 29 days, that person shall submit a financial
report as of the last day of the month in which the suspension is
terminated. The report required to be submitted by this section shall
be submitted within 60 days of the last day of the period covered by
the report and must include--
(1) A balance sheet that shows assets, liabilities, and net worth
on the last day of the reporting period;
(2) The information required by Sec. 119.35(h)(2), (h)(7), and
(h)(8) of this chapter;
(3) An itemization of claims in litigation against the applicant,
if any, as of the last day of the period covered by the report;
(4) A profit and loss statement with the separation of items
relating to the applicant's commercial operator activities from his
other business activities, if any; and
(5) A list of each contract that gave rise to operating income on
the profit and loss statement, including the names and addresses of the
contracting parties and the nature, scope, date, and duration of each
contract.
Sec. 135.105 [Amended]
71. Section 135.105(a) is amended by revising the phrase ``by a
Commuter Air Carrier (as defined in Sec. 298.2 of this title) in
passenger-carrying operations'' to read ``in a commuter operation, as
defined in part 119 of this chapter.''
Sec. 135.145 [Amended]
72. Section 135.145 is amended by revising the words ``certificate
holder or applicant for an air carrier or operating certificate'' in
paragraphs (a) and (b) to read ``certificate holder'', wherever they
appear.
Sec. 135.165 [Amended]
73. Section 135.165(a) is amended by revising the phrase ``carrying
passengers as a Commuter Air Carrier'' as defined in part 298 of this
title,'' to read ``in a commuter operation, as defined in part 119 of
this chapter.''
74. Section 135.243(a) is revised to read as follows:
Sec. 135.243 Pilot in command qualifications.
(a) No certificate holder may use a person, nor may any person
serve, as pilot in command in passenger-carrying operations--
(1) Of a turbojet airplane, of an airplane having a passenger-
seating configuration, excluding any pilot seat, of 10 seats or more,
or of a multiengine airplane in a commuter operation as defined in part
119 of this chapter, unless that person holds an airline transport
pilot certificate with appropriate category and class ratings and, if
required, an appropriate type rating for that airplane.
(2) Of a helicopter in a scheduled interstate air transportation
operation by an air carrier within the 48 contiguous states unless that
person holds an airline transport pilot certificate, appropriate type
ratings, and an instrument rating.
* * * * *
Sec. 135.244 [Amended]
75. Section 135.244(a) is amended by revising the phrase ``by a
Commuter Air Carrier (as defined in Sec. 298.2 of this title) in
passenger-carrying operations'' to read ``in a commuter operation, as
defined in part 119 of this chapter.''
76. Section 135.248 is added to read as follows:
Sec. 135.248 Use of maintenance personnel.
Notwithstanding the provisions of Secs. 135.249, 135.251, 135.253,
and 135.255, an operator who does not hold an air carrier or operating
certificate is permitted to use a person, who is otherwise authorized
to perform aircraft maintenance or preventive maintenance duties and
who is not subject to the requirements of an FAA-approved anti-drug
program, to perform--
(a) Aircraft maintenance or preventive maintenance on the
operator's aircraft if the operator would be required to transport the
aircraft more than 50 nautical miles further than the closest available
repair point from the operator's principal place of operations to
obtain these services; or
(b) Emergency repairs on the operator's aircraft if the aircraft
cannot be safely operated to a location where an employee subject to
the requirements of appendix I of part 121 of this chapter can perform
the emergency repairs.
77. Section 135.352 is added to read as follows:
Sec. 135.352 Use of maintenance personnel.
Notwithstanding the provisions of Sec. 135.353, an operator who
does not hold an air carrier or operating certificate is permitted to
use a person, who is otherwise authorized to perform aircraft
maintenance or preventive maintenance duties and who is not subject to
the requirements of an FAA-approved anti-drug program, to perform--
(a) Aircraft maintenance or preventive maintenance on the
operator's aircraft if the operator would be required to transport the
aircraft more than 50 nautical miles further than the closest available
repair point from the operator's principal place of operations to
obtain these services; or
(b) Emergency repairs on the operator's aircraft if the aircraft
cannot be safely operated to a location where an employee subject to
the requirements of appendix I of part 121 of this chapter can perform
the emergency repairs.
Issued in Washington, DC, on March 16, 1995.
Anthony J. Broderick,
Associate Administrator for Regulation and Certification.
[FR Doc. 95-7488 Filed 3-24-95; 8:45 am]
BILLING CODE 4910-13-P
