Title 14—Aeronautics and Space--Volume 1
PART 125—CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
§ 125.1   Applicability.
(a) Except as provided in paragraphs (b) through (d) of this section, this part prescribes rules governing the operations of U.S.-registered civil airplanes and powered-lift, when those aircraft have a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more when common carriage is not involved.
(b) The rules of this part do not apply to the operations of aircraft specified in paragraph (a) of this section, when—
(1) They are required to be operated under part 121, 129, 135, or 137 of this chapter;
(2) They have been issued restricted, limited, or provisional airworthiness certificates, special flight permits, or experimental certificates;
(3) They are being operated by a part 125 certificate holder without carrying passengers or cargo under part 91 for training, ferrying, positioning, or maintenance purposes;
(4) They are being operated under part 91 of this chapter by an operator certificated to operate those aircraft under the rules of part 121, 135, or 137 of this chapter, they are being operated under the applicable rules of part 121 or 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;
(5) They are being operated under a deviation authority issued under § 125.3;
(6) They are being operated under part 91, subpart K by a fractional owner as defined in § 91.1001 of this chapter; or
(7) They are being operated by a fractional ownership program manager as defined in § 91.1001 of this chapter, for training, ferrying, positioning, maintenance, or demonstration purposes under part 91 of this chapter and without carrying passengers or cargo for compensation or hire except as permitted for demonstration flights under § 91.501(b)(3) of this chapter.
(c) This part, except § 125.247, does not apply to the operation of aircraft specified in paragraph (a) of this section when they are operated outside the United States by a person who is not a citizen of the United States.
(d) The provisions of this part apply to each person on board an aircraft being operated under this part, unless otherwise specified.
(e) This part also establishes requirements for operators to take actions to support the continued airworthiness of each aircraft.
§ 125.3   Deviation authority.
(a) The Administrator may, upon consideration of the circumstances of a particular operation, issue deviation authority providing relief from specified sections of part 125. This deviation authority will be issued as a Letter of Deviation Authority.
(b) A Letter of Deviation Authority may be terminated or amended at any time by the Administrator.
(c) A request for deviation authority must be submitted to the responsible Flight Standards office, not less than 60 days prior to the date of intended operations. A request for deviation authority must contain a complete statement of the circumstances and justification for the deviation requested.
(d) After February 2, 2012, no deviation authority from the flight data recorder requirements of this part will be granted. Any previously issued deviation from the flight data recorder requirements of this part is no longer valid.
§ 125.5   Operating certificate and operations specifications required.
(a) After February 3, 1981, no person may engage in operations governed by this part unless that person holds a certificate and operations specification or appropriate deviation authority.
(b) Applicants who file an application before June 1, 1981 shall continue to operate under the rules applicable to their operations on February 2, 1981 until the application for an operating certificate required by this part has been denied or the operating certificate and operations specifications required by this part have been issued.
(c) The rules of this part which apply to a certificate holder also apply to any person who engages in any operation governed by this part without an appropriate certificate and operations specifications required by this part or a Letter of Deviation Authority issued under § 125.3.
§ 125.7   Display of certificate.
(a) The certificate holder must display a true copy of the certificate in each of its aircraft.
(b) Each operator holding a Letter of Deviation Authority issued under this part must carry a true copy in each of its airplanes.
§ 125.9   Definitions.
(a) For the purposes of this part, maximum payload capacity means:
(1) For an airplane for which a maximum zero fuel weight is prescribed in FAA technical specifications, the maximum zero fuel weight, less empty weight, less all justifiable airplane 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 airplanes, the maximum certificated takeoff weight of an airplane, less the empty weight, less all justifiable airplane 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—200 pounds for each crewmember required under this chapter
(ii) Oil—350 pounds.
(iii) Fuel—the minimum weight of fuel required under this chapter for a flight between domestic points 174 nautical miles apart under VFR weather conditions that does not involve extended overwater operations.
(b) For the purposes of this part, empty weight means the weight of the airframe, engines, propellers, 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.
(c) For the purposes of this part, maximum zero fuel weight means the maximum permissible weight of an airplane with no disposable fuel or oil. The zero fuel weight figure may be found in either the airplane type certificate data sheet or the approved Airplane Flight Manual, or both.
(d) For the purposes of this section, justifiable airplane equipment means any equipment necessary for the operation of the airplane. It does not include equipment or ballast specifically installed, permanently or otherwise, for the purpose of altering the empty weight of an airplane to meet the maximum payload capacity.
§ 125.11   Certificate eligibility and prohibited operations.
(a) No person is eligible for a certificate or operations specifications under this part if the person holds the appropriate operating certificate and/or operations specifications necessary to conduct operations under part 121, 129 or 135 of this chapter.
(b) No certificate holder may conduct any operation which results directly or indirectly from any person's holding out to the public to furnish transportation.
(c) No person holding operations specifications under this part may operate or list on its operations specifications any aircraft listed on any operations specifications or other required aircraft listing under part 121, 129, or 135 of this chapter.
§ 125.21   Application for operating certificate.
(a) Each applicant for the issuance of an operating certificate must submit an application in a form and manner prescribed by the Administrator to the responsible Flight Standards office in whose area the applicant proposes to establish or has established its principal operations base. The application must be submitted at least 60 days before the date of intended operations.
(b) Each application submitted under paragraph (a) of this section must contain a signed statement showing the following:
(1) The name and address of each director and each officer or person employed or who will be employed in a management position described in § 125.25.
(2) A list of flight crewmembers with the type of airman certificate held, including ratings and certificate numbers.
§ 125.23   Rules applicable to operations subject to this part.
Each person operating an aircraft in operations under this part shall—
(a) While operating inside the United States, comply with the applicable rules in part 91 of this chapter; and
(b) While operating outside the United States, comply with Annex 2, Rules of the Air, to the Convention on International Civil Aviation or the regulations of any foreign country, whichever applies, and with any rules of parts 61 and 91 of this chapter and this part that are more restrictive than that Annex or those regulations and that can be complied with without violating that Annex or those regulations. Annex 2 is incorporated by reference in § 91.703(b) of this chapter.
§ 125.25   Management personnel required.
(a) Each applicant for a certificate under this part must show that it has enough management personnel, including at least a director of operations, to assure that its operations are conducted in accordance with the requirements of this part.
(b) Each applicant shall—
(1) Set forth the duties, responsibilities, and authority of each of its management personnel in the general policy section of its manual;
(2) List in the manual the names and addresses of each of its management personnel;
(3) Designate a person as responsible for the scheduling of inspections required by the manual and for the updating of the approved weight and balance system on all airplanes.
(c) Each certificate holder shall notify the responsible Flight Standards office charged with the overall inspection of the certificate holder of any change made in the assignment of persons to the listed positions within 10 days, excluding Saturdays, Sundays, and Federal holidays, of such change.
§ 125.26   Employment of former FAA employees.
(a) Except as specified in paragraph (c) of this section, no certificate holder may knowingly employ or make a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual, in the preceding 2 years—
(1) Served as, or was directly responsible for the oversight of, a Flight Standards Service aviation safety inspector; and
(2) Had direct responsibility to inspect, or oversee the inspection of, the operations of the certificate holder.
(b) For the purpose of this section, an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the agency if the individual makes any written or oral communication on behalf of the certificate holder to the agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a Flight Standards Service aviation safety inspector.
(c) The provisions of this section do not prohibit a certificate holder from knowingly employing or making a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual was employed by the certificate holder before October 21, 2011.
§ 125.27   Issue of certificate.
(a) An applicant for a certificate under this subpart is entitled to a certificate if the Administrator finds that the applicant is properly and adequately equipped and able to conduct a safe operation in accordance with the requirements of this part and the operations specifications provided for in this part.
(b) The Administrator may deny an application for a certificate under this subpart if the Administrator finds—
(1) That an operating certificate required under this part or part 121, 123, or 135 of this chapter previously issued to the applicant was revoked; or
(2) That a person who was employed in a management position under § 125.25 of this part with (or has exercised control with respect to) any certificate holder under part 121, 123, 125, or 135 of this chapter whose operating certificate has been revoked, will be employed in any of those positions or a similar position with the applicant and that the person's employment or control contributed materially to the reasons for revoking that certificate.
§ 125.29   Duration of certificate.
(a) A certificate issued under this part is effective until surrendered, suspended, or revoked.
(b) The Administrator may suspend or revoke a certificate under section 609 of the Federal Aviation Act of 1958 and the applicable procedures of part 13 of this chapter for any cause that, at the time of suspension or revocation, would have been grounds for denying an application for a certificate.
(c) If the Administrator suspends or revokes a certificate or it is otherwise terminated, the holder of that certificate shall return it to the Administrator.
§ 125.31   Contents of certificate and operations specifications.
(a) Each certificate issued under this part contains the following:
(1) The holder's name.
(2) A description of the operations authorized.
(3) The date it is issued.
(b) The operations specifications issued under this part contain the following:
(1) The kinds of operations authorized.
(2) The types and registration numbers of airplanes authorized for use.
(3) Approval of the provisions of the operator's manual relating to airplane inspections, together with necessary conditions and limitations.
(4) Registration numbers of airplanes that are to be inspected under an approved airplane inspection program under § 125.247.
(5) Procedures for control of weight and balance of airplanes.
(6) Any other item that the Administrator determines is necessary to cover a particular situation.
§ 125.33   Operations specifications not a part of certificate.
Operations specifications are not a part of an operating certificate.
§ 125.35   Amendment of operations specifications.
(a) The responsible Flight Standards office charged with the overall inspection of the certificate holder may amend any operations specifications issued under this part if—
(1) It determines that safety in air commerce requires that amendment; or
(2) Upon application by the holder, the responsible Flight Standards office determines that safety in air commerce allows that amendment.
(b) The certificate holder must file an application to amend operations specifications at least 15 days before the date proposed by the applicant for the amendment to become effective, unless a shorter filing period is approved. The application must be on a form and in a manner prescribed by the Administrator and be submitted to the responsible Flight Standards office charged with the overall inspection of the certificate holder.
(c) Within 30 days after a notice of refusal to approve a holder's application for amendment is received, the holder may petition the Executive Director, Flight Standards Service, to reconsider the refusal to amend.
(d) When the responsible Flight Standards office charged with the overall inspection of the certificate holder amends operations specifications, the responsible Flight Standards office gives notice in writing to the holder of a proposed amendment to the operations specifications, fixing a period of not less than 7 days within which the holder may submit written information, views, and arguments concerning the proposed amendment. After consideration of all relevant matter presented, the responsible Flight Standards office notifies the holder of any amendment adopted, or a rescission of the notice. That amendment becomes effective not less than 30 days after the holder receives notice of the adoption of the amendment, unless the holder petitions the Executive Director, Flight Standards Service, for reconsideration of the amendment. In that case, the effective date of the amendment is stayed pending a decision by the Executive Director. If the Executive Director finds there is an emergency requiring immediate action as to safety in air commerce that makes the provisions of this paragraph impracticable or contrary to the public interest, the Executive Director notifies the certificate holder that the amendment is effective on the date of receipt, without previous notice.
§ 125.37   Duty period limitations.
(a) Each flight crewmember and flight attendant must be relieved from all duty for at least 8 consecutive hours during any 24-hour period.
(b) The Administrator may specify rest, flight time, and duty time limitations in the operations specifications that are other than those specified in paragraph (a) of this section.
§ 125.39   Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.
If the holder of a certificate issued under this part permits any airplane owned or leased by that holder to be engaged in any operation that the certificate holder knows to be in violation of § 91.19(a) of this chapter, that operation is a basis for suspending or revoking the certificate.
§ 125.41   Availability of certificate and operations specifications.
Each certificate holder shall make its operating certificate and operations specifications available for inspection by the Administrator at its principal operations base.
§ 125.43   Use of operations specifications.
(a) 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.
(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.
§ 125.45   Inspection authority.
Each certificate holder shall allow the Administrator, at any time or place, to make any inspections or tests to determine its compliance with the Federal Aviation Act of 1958, the Federal Aviation Regulations, its operating certificate and operations specifications, its letter of deviation authority, or its eligibililty to continue to hold its certificate or its letter of deviation authority.
§ 125.47   Change of address.
Each certificate holder shall notify the responsible Flight Standards office charged with the overall inspection of its operations, in writing, at least 30 days in advance, of any change in the address of its principal business office, its principal operations base, or its principal maintenance base.
§ 125.49   Airport requirements.
(a) No certificate holder may use any airport unless it is adequate for the proposed operation, considering such items as size, surface, obstructions, and lighting.
(b) No pilot of an airplane carrying passengers at night may take off from, or land on, an airport unless—
(1) That 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
(2) The limits of the area to be used for landing or takeoff are clearly shown by boundary or runway marker lights.
(c) For the purposes of paragraph (b) of this section, 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.
§ 125.51   En route navigation facilities.
(a) Except as provided in paragraph (b) of this section, no certificate holder may conduct any operation over a route (including to any destination, refueling or alternate airports) unless suitable navigation aids are available over the route to navigate the airplane along the route within the degree of accuracy required for ATC. Navigation aids required for routes outside of controlled airspace are listed in the certificate holder's operations specifications except for those aids required for routes to alternate airports.
(b) Navigation aids are not required for any of the following operations—
(1) Day VFR operations that the certificate holder shows can be conducted safely by pilotage because of the characteristics of the terrain;
(2) Night VFR operations on routes that the certificate holder shows have reliably lighted landmarks adequate for safe operations; and
(3) Other operations approved by the responsible Flight Standards office.
§ 125.53   Flight locating requirements.
(a) Each certificate holder must have procedures established for locating each flight for which an FAA flight plan is not filed that—
(1) Provide the certificate holder with at least the information required to be included in a VFR flight plan;
(2) Provide for timely notification of an FAA facility or search and rescue facility, if an airplane is overdue or missing; and
(3) Provide the certificate holder with the location, date, and estimated time for reestablishing radio or telephone communications, if the flight will operate in an area where communications cannot be maintained.
(b) Flight locating information shall be retained at the certificate holder's principal operations base, or at other places designated by the certificate holder in the flight locating procedures, until the completion of the flight.
(c) Each certificate holder shall furnish the representative of the Administrator assigned to it with a copy of its flight locating procedures and any changes or additions, unless those procedures are included in a manual required under this part.
§ 125.71   Preparation.
(a) Each certificate holder shall prepare and keep current a manual setting forth the certificate holder's procedures and policies acceptable to the Administrator. This manual must be used by the certificate holder's flight, ground, and maintenance personnel in conducting its operations. However, the Administrator may authorize a deviation from this paragraph if the Administrator finds that, because of the limited size of the operation, all or part of the manual is not necessary for guidance of flight, ground, or maintenance personnel.
(b) Each certificate holder shall maintain at least one copy of the manual at its principal operations base.
(c) The manual must not be contrary to any applicable Federal regulations, foreign regulation applicable to the certificate holder's operations in foreign countries, or the certificate holder's operating certificate or operations specifications.
(d) A copy of the manual, or appropriate portions of the manual (and changes and additions) shall be made available to maintenance and ground operations personnel by the certificate holder and furnished to—
(1) Its flight crewmembers; and
(2) The responsible Flight Standards office charged with the overall inspection of its operations.
(e) Each employee of the certificate holder to whom a manual or appropriate portions of it are furnished under paragraph (d)(1) of this section shall keep it up to date with the changes and additions furnished to them.
(f) The information and instructions contained in the manual must be displayed clearly and be retrievable in the English language.
(g) If a certificate holder conducts airplane inspections or maintenance at specified stations where it keeps the approved inspection program manual, it is not required to carry the manual aboard the airplane en route to those stations.
§ 125.73   Contents.
Each manual accessed in paper format must display the date of last revision on each page. Each manual accessed in electronic format must display the date of last revision in a manner in which a person can immediately ascertain it. The manual must include:
(a) The name of each management person who is authorized to act for the certificate holder, the person's assigned area of responsibility, and the person's duties, responsibilities, and authority;
(b) Procedures for ensuring compliance with airplane weight and balance limitations;
(c) Copies of the certificate holder's operations specifications or appropriate extracted information, including area of operations authorized, category and class of airplane authorized, crew complements, and types of operations authorized;
(d) Procedures for complying with accident notification requirements;
(e) Procedures for ensuring that the pilot in command knows that required airworthiness inspections have been made and that the airplane has been approved for return to service in compliance with applicable maintenance requirements;
(f) Procedures for reporting and recording mechanical irregularities that come to the attention of the pilot in command before, during, and after completion of a flight;
(g) Procedures to be followed by the pilot in command for determining that mechanical irregularities or defects reported for previous flights have been corrected or that correction has been deferred;
(h) Procedures to be followed by the pilot in command to obtain maintenance, preventive maintenance, and servicing of the airplane at a place where previous arrangements have not been made by the operator, when the pilot is authorized to so act for the operator;
(i) Procedures for the release for, or continuation of, flight if any item of equipment required for the particular type of operation becomes inoperative or unserviceable en route;
(j) Procedures for refueling airplanes, eliminating fuel contamination, protecting from fire (including electrostatic protection), and supervising and protecting passengers during refueling;
(k) Procedures to be followed by the pilot in command in the briefing under § 125.327;
(l) Flight locating procedures, when applicable;
(m) Procedures for ensuring compliance with emergency procedures, including a list of the functions assigned each category of required crewmembers in connection with an emergency and emergency evacuation;
(n) The approved airplane inspection program;
(o) Procedures and instructions to enable personnel to recognize hazardous materials, as defined in title 49 CFR, and if these materials are to be carried, stored, or handled, procedures and instructions for—
(1) Accepting shipment of hazardous material required by title 49 CFR, to assure proper packaging, marking, labeling, shipping documents, compatibility of articles, and instructions on their loading, storage, and handling;
(2) Notification and reporting hazardous material incidents as required by title 49 CFR; and
(3) Notification of the pilot in command when there are hazardous materials aboard, as required by title 49 CFR;
(p) Procedures for the evacuation of persons who may need the assistance of another person to move expeditiously to an exit if an emergency occurs;
(q) The identity of each person who will administer tests required by this part, including the designation of the tests authorized to be given by the person; and
(r) Other procedures and policy instructions regarding the certificate holder's operations that are issued by the certificate holder.
§ 125.75   Airplane flight manual.
(a) Each certificate holder shall keep a current approved Airplane Flight Manual or approved equivalent for each type airplane that it operates.
(b) Each certificate holder shall carry the approved Airplane Flight Manual or the approved equivalent aboard each airplane it operates. A certificate holder may elect to carry a combination of the manuals required by this section and § 125.71. If it so elects, the certificate holder may revise the operating procedures sections and modify the presentation of performance from the applicable Airplane Flight Manual if the revised operating procedures and modified performance data presentation are approved by the Administrator. Any approved equivalent must include the information required by § 38.23 of this chapter identifying compliance with the fuel efficiency requirements of part 38 of this chapter.
§ 125.91   Airplane requirements: General.
(a) No certificate holder may operate an airplane governed by this part unless it—
(1) Carries an appropriate current airworthiness certificate issued under this chapter; and
(2) Is in an airworthy condition and meets the applicable airworthiness requirements of this chapter, including those relating to identification and equipment.
(b) No person may operate an airplane unless the current empty weight and center of gravity are calculated from the values established by actual weighing of the airplane within the preceding 36 calendar months.
(c) Paragraph (b) of this section does not apply to airplanes issued an original airworthiness certificate within the preceding 36 calendar months.
§ 125.93   Airplane limitations.
No certificate holder may operate a land airplane (other than a DC-3, C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) in an extended overwater operation unless it is certificated or approved as adequate for ditching under the ditching provisions of part 25 of this chapter.
§ 125.111   General.
(a) Except as provided in paragraph (b) of this section, no certificate holder may use an airplane powered by airplane engines rated at more than 600 horsepower each for maximum continuous operation unless that airplane meets the requirements of §§ 125.113 through 125.181.
(b) If the Administrator determines that, for a particular model of airplane used in cargo service, literal compliance with any requirement under paragraph (a) of this section would be extremely difficult and that compliance would not contribute materially to the objective sought, the Administrator may require compliance with only those requirements that are necessary to accomplish the basic objectives of this part.
(c) This section does not apply to any airplane certificated under—
(1) Part 4b of the Civil Air Regulations in effect after October 31, 1946;
(2) Part 25 of this chapter; or
(3) Special Civil Air Regulation 422, 422A, or 422B.
§ 125.113   Cabin interiors.
(a) Upon the first major overhaul of an airplane cabin or refurbishing of the cabin interior, all materials in each compartment used by the crew or passengers that do not meet the following requirements must be replaced with materials that meet these requirements:
(1) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, § 25.853 in effect on April 30, 1972.
(2) For an airplane for which the application for the type certificate was filed on or after May 1, 1972, the materials requirement under which the airplane was type certificated.
(b) Except as provided in paragraph (a) of this section, each compartment used by the crew or passengers must meet the following requirements:
(1) Materials must be at least flash resistant.
(2) The wall and ceiling linings and the covering of upholstering, floors, and furnishings must be flame resistant.
(3) Each compartment where smoking is to be allowed must be equipped with self-contained ash trays that are completely removable and other compartments must be placarded against smoking.
(4) Each receptacle for used towels, papers, and wastes must be of fire-resistant material and must have a cover or other means of containing possible fires started in the receptacles.
(c) Thermal/acoustic insulation materials. For transport category airplanes type certificated after January 1, 1958:
(1) For airplanes manufactured before September 2, 2005, when thermal/acoustic insulation is installed in the fuselage as replacements after September 2, 2005, the insulation must meet the flame propagation requirements of § 25.856 of this chapter, effective September 2, 2003, if it is:
(i) of a blanket construction or
(ii) Installed around air ducting.
(2) For airplanes manufactured after September 2, 2005, thermal/acoustic insulation materials installed in the fuselage must meet the flame propagation requirements of § 25.856 of this chapter, effective September 2, 2003.
§ 125.115   Internal doors.
In any case where internal doors are equipped with louvres or other ventilating means, there must be a means convenient to the crew for closing the flow of air through the door when necessary.
§ 125.117   Ventilation.
Each passenger or crew compartment must be suitably ventilated. Carbon monoxide concentration may not be more than one part in 20,000 parts of air, and fuel fumes may not be present. In any case where partitions between compartments have louvres or other means allowing air to flow between compartments, there must be a means convenient to the crew for closing the flow of air through the partitions when necessary.
§ 125.119   Fire precautions.
(a) Each compartment must be designed so that, when used for storing cargo or baggage, it meets the following requirements:
(1) No compartment may include controls, wiring, lines, equipment, or accessories that would upon damage or failure, affect the safe operation of the airplane unless the item is adequately shielded, isolated, or otherwise protected so that it cannot be damaged by movement of cargo in the compartment and so that damage to or failure of the item would not create a fire hazard in the compartment.
(2) Cargo or baggage may not interfere with the functioning of the fire-protective features of the compartment.
(3) Materials used in the construction of the compartments, including tie-down equipment, must be at least flame resistant.
(4) Each compartment must include provisions for safeguarding against fires according to the classifications set forth in paragraphs (b) through (f) of this section.
(b) Class A. Cargo and baggage compartments are classified in the “A” category if a fire therein would be readily discernible to a member of the crew while at that crewmember's station, and all parts of the compartment are easily accessible in flight. There must be a hand fire extinguisher available for each Class A compartment.
(c) Class B. Cargo and baggage compartments are classified in the “B” category if enough access is provided while in flight to enable a member of the crew to effectively reach all of the compartment and its contents with a hand fire extinguisher and the compartment is so designed that, when the access provisions are being used, no hazardous amount of smoke, flames, or extinguishing agent enters any compartment occupied by the crew or passengers. Each Class B compartment must comply with the following:
(1) It must have a separate approved smoke or fire detector system to give warning at the pilot or flight engineer station.
(2) There must be a hand-held fire extinguisher available for the compartment.
(3) It must be lined with fire-resistant material, except that additional service lining of flame-resistant material may be used.
(d) Class C. Cargo and baggage compartments are classified in the “C” category if they do not conform with the requirements for the “A”, “B”, “D”, or “E” categories. Each Class C compartment must comply with the following:
(1) It must have a separate approved smoke or fire detector system to give warning at the pilot or flight engineer station.
(2) It must have an approved built-in fire-extinguishing system controlled from the pilot or flight engineer station.
(3) It must be designed to exclude hazardous quantities of smoke, flames, or extinguishing agents from entering into any compartment occupied by the crew or passengers.
(4) It must have ventilation and draft control so that the extinguishing agent provided can control any fire that may start in the compartment.
(5) It must be lined with fire-resistant material, except that additional service lining of flame-resistant material may be used.
(e) Class D. Cargo and baggage compartments are classified in the “D” category if they are so designed and constructed that a fire occurring therein will be completely confined without endangering the safety of the airplane or the occupants. Each Class D compartment must comply with the following:
(1) It must have a means to exclude hazardous quantities of smoke, flames, or noxious gases from entering any compartment occupied by the crew or passengers.
(2) Ventilation and drafts must be controlled within each compartment so that any fire likely to occur in the compartment will not progress beyond safe limits.
(3) It must be completely lined with fire-resistant material.
(4) Consideration must be given to the effect of heat within the compartment on adjacent critical parts of the airplane.
(f) Class E. On airplanes used for the carriage of cargo only, the cabin area may be classified as a Class “E” compartment. Each Class E compartment must comply with the following:
(1) It must be completely lined with fire-resistant material.
(2) It must have a separate system of an approved type smoke or fire detector to give warning at the pilot or flight engineer station.
(3) It must have a means to shut off the ventilating air flow to or within the compartment and the controls for that means must be accessible to the flightcrew in the crew compartment.
(4) It must have a means to exclude hazardous quantities of smoke, flames, or noxious gases from entering the flightcrew compartment.
(5) Required crew emergency exits must be accessible under all cargo loading conditions.
§ 125.121   Proof of compliance with § 125.119.
Compliance with those provisions of § 125.119 that refer to compartment accessibility, the entry of hazardous quantities of smoke or extinguishing agent into compartment occupied by the crew or passengers, and the dissipation of the extinguishing agent in Class “C” compartments must be shown by tests in flight. During these tests it must be shown that no inadvertent operation of smoke or fire detectors in other compartments within the airplane would occur as a result of fire contained in any one compartment, either during the time it is being extinguished, or thereafter, unless the extinguishing system floods those compartments simultaneously.
§ 125.123   Propeller deicing fluid.
If combustible fluid is used for propeller deicing, the certificate holder must comply with § 125.153.
§ 125.125   Pressure cross-feed arrangements.
(a) Pressure cross-feed lines may not pass through parts of the airplane used for carrying persons or cargo unless there is a means to allow crewmembers to shut off the supply of fuel to these lines or the lines are enclosed in a fuel and fume-proof enclosure that is ventilated and drained to the exterior of the airplane. However, such an enclosure need not be used if those lines incorporate no fittings on or within the personnel or cargo areas and are suitably routed or protected to prevent accidental damage.
(b) Lines that can be isolated from the rest of the fuel system by valves at each end must incorporate provisions for relieving excessive pressures that may result from exposure of the isolated line to high temperatures.
§ 125.127   Location of fuel tanks.
(a) Fuel tanks must be located in accordance with § 125.153.
(b) No part of the engine nacelle skin that lies immediately behind a major air outlet from the engine compartment may be used as the wall of an integral tank.
(c) Fuel tanks must be isolated from personnel compartments by means of fume- and fuel-proof enclosures.
§ 125.129   Fuel system lines and fittings.
(a) Fuel lines must be installed and supported so as to prevent excessive vibration and so as to be adequate to withstand loads due to fuel pressure and accelerated flight conditions.
(b) Lines connected to components of the airplane between which there may be relative motion must incorporate provisions for flexibility.
(c) Flexible connections in lines that may be under pressure and subject to axial loading must use flexible hose assemblies rather than hose clamp connections.
(d) Flexible hoses must be of an acceptable type or proven suitable for the particular application.
§ 125.131   Fuel lines and fittings in designated fire zones.
Fuel lines and fittings in each designated fire zone must comply with § 125.157.
§ 125.133   Fuel valves.
Each fuel valve must—
(a) Comply with § 125.155;
(b) Have positive stops or suitable index provisions in the “on” and “off” positions; and
(c) Be supported so that loads resulting from its operation or from accelerated flight conditions are not transmitted to the lines connected to the valve.
§ 125.135   Oil lines and fittings in designated fire zones.
Oil lines and fittings in each designated fire zone must comply with § 125.157.
§ 125.137   Oil valves.
(a) Each oil valve must—
(1) Comply with § 125.155;
(2) Have positive stops or suitable index provisions in the “on” and “off” positions; and
(3) Be supported so that loads resulting from its operation or from accelerated flight conditions are not transmitted to the lines attached to the valve.
(b) The closing of an oil shutoff means must not prevent feathering the propeller, unless equivalent safety provisions are incorporated.
§ 125.139   Oil system drains.
Accessible drains incorporating either a manual or automatic means for positive locking in the closed position must be provided to allow safe drainage of the entire oil system.
§ 125.141   Engine breather lines.
(a) Engine breather lines must be so arranged that condensed water vapor that may freeze and obstruct the line cannot accumulate at any point.
(b) Engine breathers must discharge in a location that does not constitute a fire hazard in case foaming occurs and so that oil emitted from the line does not impinge upon the pilots' windshield.
(c) Engine breathers may not discharge into the engine air induction system.
§ 125.143   Firewalls.
Each engine, auxiliary power unit, fuel-burning heater, or other item of combusting equipment that is intended for operation in flight must be isolated from the rest of the airplane by means of firewalls or shrouds, or by other equivalent means.
§ 125.145   Firewall construction.
Each firewall and shroud must—
(a) Be so made that no hazardous quantity of air, fluids, or flame can pass from the engine compartment to other parts of the airplane;
(b) Have all openings in the firewall or shroud sealed with close-fitting fireproof grommets, bushings, or firewall fittings;
(c) Be made of fireproof material; and
(d) Be protected against corrosion.
§ 125.147   Cowling.
(a) Cowling must be made and supported so as to resist the vibration, inertia, and air loads to which it may be normally subjected.
(b) Provisions must be made to allow rapid and complete drainage of the cowling in normal ground and flight attitudes. Drains must not discharge in locations constituting a fire hazard. Parts of the cowling that are subjected to high temperatures because they are near exhaust system parts or because of exhaust gas impingement must be made of fireproof material. Unless otherwise specified in these regulations, all other parts of the cowling must be made of material that is at least fire resistant.
§ 125.149   Engine accessory section diaphragm.
Unless equivalent protection can be shown by other means, a diaphragm that complies with § 125.145 must be provided on air-cooled engines to isolate the engine power section and all parts of the exhaust system from the engine accessory compartment.
§ 125.151   Powerplant fire protection.
(a) Designated fire zones must be protected from fire by compliance with §§ 125.153 through 125.159.
(b) Designated fire zones are—
(1) Engine accessory sections;
(2) Installations where no isolation is provided between the engine and accessory compartment; and
(3) Areas that contain auxiliary power units, fuel-burning heaters, and other combustion equipment.
§ 125.153   Flammable fluids.
(a) No tanks or reservoirs that are a part of a system containing flammable fluids or gases may be located in designated fire zones, except where the fluid contained, the design of the system, the materials used in the tank, the shutoff means, and the connections, lines, and controls provide equivalent safety.
(b) At least one-half inch of clear airspace must be provided between any tank or reservior and a firewall or shroud isolating a designated fire zone.
§ 125.155   Shutoff means.
(a) Each engine must have a means for shutting off or otherwise preventing hazardous amounts of fuel, oil, deicer, and other flammable fluids from flowing into, within, or through any designated fire zone. However, means need not be provided to shut off flow in lines that are an integral part of an engine.
(b) The shutoff means must allow an emergency operating sequence that is compatible with the emergency operation of other equipment, such as feathering the propeller, to facilitate rapid and effective control of fires.
(c) Shutoff means must be located outside of designated fire zones, unless equivalent safety is provided, and it must be shown that no hazardous amount of flammable fluid will drain into any designated fire zone after a shutoff.
(d) Adequate provisions must be made to guard against inadvertent operation of the shutoff means and to make it possible for the crew to reopen the shutoff means after it has been closed.
§ 125.157   Lines and fittings.
(a) Each line, and its fittings, that is located in a designated fire zone, if it carries flammable fluids or gases under pressure, or is attached directly to the engine, or is subject to relative motion between components (except lines and fittings forming an integral part of the engine), must be flexible and fire-resistant with fire-resistant, factory-fixed, detachable, or other approved fire-resistant ends.
(b) Lines and fittings that are not subject to pressure or to relative motion between components must be of fire-resistant materials.
§ 125.159   Vent and drain lines.
All vent and drain lines, and their fittings, that are located in a designated fire zone must, if they carry flammable fluids or gases, comply with § 125.157, if the Administrator finds that the rupture or breakage of any vent or drain line may result in a fire hazard.
§ 125.161   Fire-extinguishing systems.
(a) Unless the certificate holder shows that equivalent protection against destruction of the airplane in case of fire is provided by the use of fireproof materials in the nacelle and other components that would be subjected to flame, fire-extinguishing systems must be provided to serve all designated fire zones.
(b) Materials in the fire-extinguishing system must not react chemically with the extinguishing agent so as to be a hazard.
§ 125.163   Fire-extinguishing agents.
Only methyl bromide, carbon dioxide, or another agent that has been shown to provide equivalent extinguishing action may be used as a fire-extinguishing agent. If methyl bromide or any other toxic extinguishing agent is used, provisions must be made to prevent harmful concentrations of fluid or fluid vapors from entering any personnel compartment either because of leakage during normal operation of the airplane or because of discharging the fire extinguisher on the ground or in flight when there is a defect in the extinguishing system. If a methyl bromide system is used, the containers must be charged with dry agent and sealed by the fire-extinguisher manufacturer or some other person using satisfactory recharging equipment. If carbon dioxide is used, it must not be possible to discharge enough gas into the personnel compartments to create a danger of suffocating the occupants.
§ 125.165   Extinguishing agent container pressure relief.
Extinguishing agent containers must be provided with a pressure relief to prevent bursting of the container because of excessive internal pressures. The discharge line from the relief connection must terminate outside the airplane in a place convenient for inspection on the ground. An indicator must be provided at the discharge end of the line to provide a visual indication when the container has discharged.
§ 125.167   Extinguishing agent container compartment temperature.
Precautions must be taken to ensure that the extinguishing agent containers are installed in places where reasonable temperatures can be maintained for effective use of the extinguishing system.
§ 125.169   Fire-extinguishing system materials.
(a) Except as provided in paragraph (b) of this section, each component of a fire-extinguishing system that is in a designated fire zone must be made of fireproof materials.
(b) Connections that are subject to relative motion between components of the airplane must be made of flexible materials that are at least fire-resistant and be located so as to minimize the probability of failure.
§ 125.171   Fire-detector systems.
Enough quick-acting fire detectors must be provided in each designated fire zone to assure the detection of any fire that may occur in that zone.
§ 125.173   Fire detectors.
Fire detectors must be made and installed in a manner that assures their ability to resist, without failure, all vibration, inertia, and other loads to which they may be normally subjected. Fire detectors must be unaffected by exposure to fumes, oil, water, or other fluids that may be present.
§ 125.175   Protection of other airplane components against fire.
(a) Except as provided in paragraph (b) of this section, all airplane surfaces aft of the nacelles in the area of one nacelle diameter on both sides of the nacelle centerline must be made of material that is at least fire resistant.
(b) Paragraph (a) of this section does not apply to tail surfaces lying behind nacelles unless the dimensional configuration of the airplane is such that the tail surfaces could be affected readily by heat, flames, or sparks emanating from a designated fire zone or from the engine from a designated fire zone or from the engine compartment of any nacelle.
§ 125.177   Control of engine rotation.
(a) Except as provided in paragraph (b) of this section, each airplane must have a means of individually stopping and restarting the rotation of any engine in flight.
(b) In the case of turbine engine installations, a means of stopping rotation need be provided only if the Administrator finds that rotation could jeopardize the safety of the airplane.
§ 125.179   Fuel system independence.
(a) Each airplane fuel system must be arranged so that the failure of any one component does not result in the irrecoverable loss of power of more than one engine.
(b) A separate fuel tank need not be provided for each engine if the certificate holder shows that the fuel system incorporates features that provide equivalent safety.
§ 125.181   Induction system ice prevention.
A means for preventing the malfunctioning of each engine due to ice accumulation in the engine air induction system must be provided for each airplane.
§ 125.183   Carriage of cargo in passenger compartments.
(a) Except as provided in paragraph (b) or (c) of this section, no certificate holder may carry cargo in the passenger compartment of an airplane.
(b) Cargo may be carried aft of the foremost seated passengers if it is carried in an approved cargo bin that meets the following requirements:
(1) The bin must withstand the load factors and emergency landing conditions applicable to the passenger seats of the airplane in which the bin is installed, multiplied by a factor of 1.15, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin.
(2) The maximum weight of cargo that the bin is approved to carry and any instructions necessary to ensure proper weight distribution within the bin must be conspicuously marked on the bin.
(3) The bin may not impose any load on the floor or other structure of the airplane that exceeds the load limitations of that structure.
(4) The bin must be attached to the seat tracks or to the floor structure of the airplane, and its attachment must withstand the load factors and emergency landing conditions applicable to the passenger seats of the airplane in which the bin is installed, multiplied by either the factor 1.15 or the seat attachment factor specified for the airplane, whichever is greater, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin.
(5) The bin may not be installed in a position that restricts access to or use of any required emergency exit, or of the aisle in the passenger compartment.
(6) The bin must be fully enclosed and made of material that is at least flame-resistant.
(7) Suitable safeguards must be provided within the bin to prevent the cargo from shifting under emergency landing conditions.
(8) The bin may not be installed in a position that obscures any passenger's view of the “seat belt” sign, “no smoking” sign, or any required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided.
(c) All cargo may be carried forward of the foremost seated passengers and carry-on baggage may be carried alongside the foremost seated passengers if the cargo (including carry-on baggage) is carried either in approved bins as specified in paragraph (b) of this section or in accordance with the following:
(1) It is properly secured by a safety belt or other tie down having enough strength to eliminate the possibility of shifting under all normally anticipated flight and ground conditions.
(2) It is packaged or covered in a manner to avoid possible injury to passengers.
(3) It does not impose any load on seats or the floor structure that exceeds the load limitation for those components.
(4) Its location does not restrict access to or use of any required emergency or regular exit, or of the aisle in the passenger compartment.
(5) Its location does not obscure any passenger's view of the “seat belt” sign, “no smoking” sign, or required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided.
§ 125.185   Carriage of cargo in cargo compartments.
When cargo is carried in cargo compartments that are designed to require the physical entry of a crewmember to extinguish any fire that may occur during flight, the cargo must be loaded so as to allow a crewmember to effectively reach all parts of the compartment with the contents of a hand-held fire extinguisher.
§ 125.187   Landing gear: Aural warning device.
(a) Except for airplanes that comply with the requirements of § 25.729 of this chapter on or after January 6, 1992, each airplane must have a landing gear aural warning device that functions continuously under the following conditions:
(1) For airplanes with an established approach wing-flap position, whenever the wing flaps are extended beyond the maximum certificated approach climb configuration position in the Airplane Flight Manual and the landing gear is not fully extended and locked.
(2) For airplanes without an established approach climb wing-flap position, whenever the wing flaps are extended beyond the position at which landing gear extension is normally performed and the landing gear is not fully extended and locked.
(b) The warning system required by paragraph (a) of this section—
(1) May not have a manual shutoff;
(2) Must be in addition to the throttle-actuated device installed under the type certification airworthiness requirements; and
(3) May utilize any part of the throttle-actuated system including the aural warning device.
(c) The flap position sensing unit may be installed at any suitable place in the airplane.
§ 125.189   Demonstration of emergency evacuation procedures.
(a) Each certificate holder must show, by actual demonstration conducted in accordance with paragraph (a) of appendix B of this part, that the emergency evacuation procedures for each type and model of airplane with a seating of more than 44 passengers, that is used in its passenger-carrying operations, allow the evacuation of the full seating capacity, including crewmembers, in 90 seconds or less, in each of the following circumstances:
(1) A demonstration must be conducted by the certificate holder upon the initial introduction of a type and model of airplane into passenger-carrying operations. However, the demonstration need not be repeated for any airplane type or model that has the same number and type of exits, the same cabin configuration, and the same emergency equipment as any other airplane used by the certificate holder in successfully demonstrating emergency evacuation in compliance with this paragraph.
(2) A demonstration must be conducted—
(i) Upon increasing by more than 5 percent the passenger seating capacity for which successful demonstration has been conducted; or
(ii) Upon a major change in the passenger cabin interior configuration that will affect the emergency evacuation of passengers.
(b) If a certificate holder has conducted a successful demonstration required by § 121.291(a) in the same type airplane as a part 121 or part 123 certificate holder, it need not conduct a demonstration under this paragraph in that type airplane to achieve certification under part 125.
(c) Each certificate holder operating or proposing to operate one or more landplanes in extended overwater operations, or otherwise required to have certain equipment under § 125.209, must show, by a simulated ditching conducted in accordance with paragraph (b) of appendix B of this part, that it has the ability to efficiently carry out its ditching procedures.
(d) If a certificate holder has conducted a successful demonstration required by § 121.291(b) in the same type airplane as a part 121 or part 123 certificate holder, it need not conduct a demonstration under this paragraph in that type airplane to achieve certification under part 125.
§ 125.201   Inoperable instruments and equipment.
(a) No person may take off an airplane with inoperable instruments or equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that airplane.
(2) The responsible Flight Standards office having certification responsibility has issued the certificate holder operations specifications authorizing operations in accordance with an approved Minimum Equipment List. The flight crew shall have direct access at all times prior to flight to all of the information contained in the approved Minimum Equipment List through printed or other means approved by the Administrator in the certificate holders operations specifications. An approved Minimum Equipment List, as authorized by the operations specifications, constitutes an approved change to the type design without requiring recertification.
(3) The approved Minimum Equipment List must:
(i) Be prepared in accordance with the limitations specified in paragraph (b) of this section.
(ii) Provide for the operation of the airplane with certain instruments and equipment in an inoperable condition.
(4) Records identifying the inoperable instruments and equipment and the information required by paragraph (a)(3)(ii) of this section must be available to the pilot.
(5) The airplane is operated under all applicable conditions and limitations contained in the Minimum Equipment List and the operations specifications authorizing use of the Minimum Equipment List.
(b) The following instruments and equipment may not be included in the Minimum Equipment List:
(1) Instruments and equipment that are either specifically or otherwise required by the airworthiness requirements under which the airplane is type certificated and which are essential for safe operations under all operating conditions.
(2) Instruments and equipment required by an airworthiness directive to be in operable condition unless the airworthiness directive provides otherwise.
(3) Instruments and equipment required for specific operations by this part.
(c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an airplane with inoperable instruments or equipment may be operated under a special flight permit under §§ 21.197 and 21.199 of this chapter.
§ 125.203   Communication and navigation equipment.
(a) Communication equipment—general. No person may operate an airplane unless it has two-way radio communication equipment able, at least in flight, to transmit to, and receive from, appropriate facilities 22 nautical miles away.
(b) Navigation equipment for operations over the top. No person may operate an airplane over the top unless it has navigation equipment suitable for the route to be flown.
(c) Communication and navigation equipment for IFR or extended over-water operations—General. Except as provided in paragraph (f) of this section, no person may operate an airplane carrying passengers under IFR or in extended over-water operations unless—
(1) The en route navigation aids necessary for navigating the airplane along the route (e.g., ATS routes, arrival and departure routes, and instrument approach procedures, including missed approach procedures if a missed approach routing is specified in the procedure) are available and suitable for use by the aircraft navigation systems required by this section;
(2) The airplane used in those operations is equipped with at least the following equipment—
(i) Except as provided in paragraph (d) of this section, two approved independent navigation systems suitable for navigating the airplane along the route within the degree of accuracy required for ATC;
(ii) One marker beacon receiver providing visual and aural signals;
(iii) One ILS receiver;
(iv) Two transmitters;
(v) Two microphones;
(vi) Two headsets or one headset and one speaker; and
(vii) Two independent communication systems, one of which must have two-way voice communication capability, capable of transmitting to, and receiving from, at least one appropriate facility from any place on the route to be flown; and
(3) Any RNAV system used to meet the navigation equipment requirements of this section is authorized in the certificate holder's operations specifications.
(d) Use of a single independent navigation system for operations under IFR—not for extended overwater operations. Notwithstanding the requirements of paragraph (c)(2)(i) of this section, the airplane may be equipped with a single independent navigation system suitable for navigating the airplane along the route to be flown within the degree of accuracy required for ATC if—
(1) It can be shown that the airplane is equipped with at least one other independent navigation system suitable, in the event of loss of the navigation capability of the single independent navigation system permitted by this paragraph at any point along the route, for proceeding safely to a suitable airport and completing an instrument approach; and
(2) The airplane has sufficient fuel so that the flight may proceed safely to a suitable airport by use of the remaining navigation system, and complete an instrument approach and land.
(e) Use of VOR navigation equipment. If VOR navigation equipment is required by paragraph (c) or (d) of this section, no person may operate an airplane unless it is equipped with at least one approved DME or a suitable RNAV system.
(f) Extended over-water operations. Notwithstanding the requirements of paragraph (c) of this section, installation and use of a single long-range navigation system and a single long-range communication system for extended over-water operations in certain geographic areas may be authorized by the Administrator and approved in the certificate holder's operations specifications. The following are among the operational factors the Administrator may consider in granting an authorization:
(1) The ability of the flight crew to navigate the airplane along the route to be flown within the degree of accuracy required for ATC;
(2) The length of the route being flown; and
(3) The duration of the very high frequency communications gap.
§ 125.204   Portable electronic devices.
(a) Except as provided in paragraph (b) of this section, no person may operate, nor may any operator or pilot in command of an aircraft allow the operation of, any portable electronic device on any U.S.-registered civil aircraft operating under this part.
(b) Paragraph (a) of this section does not apply to—
(1) Portable voice recorders;
(2) Hearing aids;
(3) Heart pacemakers;
(4) Electric shavers;
(5) Portable oxygen concentrators that comply with the requirements in § 125.219; or
(6) Any other portable electronic device that the Part 125 certificate holder has determined will not cause interference with the navigation or communication system of the aircraft on which it is to be used.
(c) The determination required by paragraph (b)(6) of this section shall be made by that Part 125 certificate holder operating the particular device to be used.
§ 125.205   Equipment requirements: Airplanes under IFR.
No person may operate an airplane under IFR unless it has—
(a) A vertical speed indicator;
(b) A free-air temperature indicator;
(c) A heated pitot tube for each airspeed indicator;
(d) A power failure warning device or vacuum indicator to show the power available for gyroscopic instruments from each power source;
(e) An alternate source of static pressure for the altimeter and the airspeed and vertical speed indicators;
(f) At least two generators each of which is on a separate engine, or which any combination of one-half of the total number are rated sufficiently to supply the electrical loads of all required instruments and equipment necessary for safe emergency operation of the airplane; and
(g) Two independent sources of energy (with means of selecting either), of which at least one is an engine-driven pump or generator, each of which is able to drive all gyroscopic instruments and installed so that failure of one instrument or source does not interfere with the energy supply to the remaining instruments or the other energy source. For the purposes of this paragraph, each engine-driven source of energy must be on a different engine.
(h) For the purposes of paragraph (f) of this section, a continuous inflight electrical load includes one that draws current continuously during flight, such as radio equipment, electrically driven instruments, and lights, but does not include occasional intermittent loads.
(i) An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to icing.
(j) A sensitive altimeter.
(k) Instrument lights providing enough light to make each required instrument, switch, or similar instrument easily readable and installed so that the direct rays are shielded from the flight crewmembers' eyes and that no objectionable reflections are visible to them. There must be a means of controlling the intensity of illumination unless it is shown that nondimming instrument lights are satisfactory.
§ 125.206   Pitot heat indication systems.
(a) Except as provided in paragraph (b) of this section, after April 12, 1981, no person may operate a transport category airplane equipped with a flight instrument pitot heating system unless the airplane is equipped with an operable pitot heat indication system that complies with § 25.1326 of this chapter in effect on April 12, 1978.
(b) A certificate holder may obtain an extension of the April 12, 1981, compliance date specified in paragraph (a) of this section, but not beyond April 12, 1983, from the Executive Director, Flight Standards Service if the certificate holder—
(1) Shows that due to circumstances beyond its control it cannot comply by the specified compliance date; and
(2) Submits by the specified compliance date a schedule for compliance acceptable to the Executive Director, indicating that compliance will be achieved at the earliest practicable date.
§ 125.207   Emergency equipment requirements.
(a) No person may operate an airplane having a seating capacity of 20 or more passengers unless it is equipped with the following emergency equipment:
(1) One approved first aid kit for treatment of injuries likely to occur in flight or in a minor accident, which meets the following specifications and requirements:
(i) Each first aid kit must be dust and moisture proof and contain only materials that either meet Federal Specifications GGK-391a, as revised, or as approved by the Administrator.
(ii) Required first aid kits must be readily accessible to the cabin flight attendants.
(iii) Except as provided in paragraph (a)(1)(iv) of this section, at time of takeoff, each first aid kit must contain at least the following or other contents approved by the Administrator:
1 Pair.
(iv) Protective latex gloves or equivalent nonpermeable gloves may be placed in the first aid kit or in a location that is readily accessible to crewmembers.
(2) A crash axe carried so as to be accessible to the crew but inaccessible to passengers during normal operations.
(3) Signs that meet the following requirements:
(i) Signs that are visible to all occupants to notify them when safety belts should be fastened. These signs must be so constructed that they can be turned on and off by a crewmember. They must be turned on for each takeoff and each landing and when otherwise considered to be necessary by the pilot in command.
(ii) Signs that are visible to all occupants to notify them when smoking is prohibited. These signs must be turned on for each takeoff and each landing and when otherwise considered to be necessary by the pilot in command.
(4) The additional emergency equipment specified in appendix A of this part.
(b) Megaphones. Each passenger-carrying airplane must have a portable battery-powered megaphone or megaphones readily accessible to the crewmembers assigned to direct emergency evacuation, installed as follows:
(1) One megaphone on each airplane with a seating capacity of more than 60 and less than 100 passengers, at the most rearward location in the passenger cabin where it would be readily accessible to a normal flight attendant seat. However, the Administrator may grant a deviation from the requirements of this paragraph if the Administrator finds that a different location would be more useful for evacuation of persons during an emergency.
(2) Two megaphones in the passenger cabin on each airplane with a seating capacity of more than 99 and less than 200 passengers, one installed at the forward end and the other at the most rearward location where it would be readily accessible to a normal flight attendant seat.
(3) Three megaphones in the passenger cabin on each airplane with a seating capacity of more than 199 passengers, one installed at the forward end, one installed at the most rearward location where it would be readily accessible to a normal flight attendant seat, and one installed in a readily accessible location in the mid-section of the airplane.
§ 125.209   Emergency equipment: Extended overwater operations.
(a) No person may operate an airplane in extended overwater operations unless it carries, installed in conspicuously marked locations easily accessible to the occupants if a ditching occurs, the following equipment:
(1) An approved life preserver equipped with an approved survivor locator light, or an approved flotation means, for each occupant of the aircraft. The life preserver or other flotation means must be easily accessible to each seated occupant. If a flotation means other than a life preserver is used, it must be readily removable from the airplane.
(2) Enough approved life rafts (with proper buoyancy) to carry all occupants of the airplane, and at least the following equipment for each raft clearly marked for easy identification—
(i) One canopy (for sail, sunshade, or rain catcher);
(ii) One radar reflector (or similar device);
(iii) One life raft repair kit;
(iv) One bailing bucket;
(v) One signaling mirror;
(vi) One police whistle;
(vii) One raft knife;
(viii) One CO 2 bottle for emergency inflation;
(ix) One inflation pump;
(x) Two oars;
(xi) One 75-foot retaining line;
(xii) One magnetic compass;
(xiii) One dye marker;
(xiv) One flashlight having at least two size “D” cells or equivalent;
(xv) At least one approved pyrotechnic signaling device;
(xvi) A 2-day supply of emergency food rations supplying at least 1,000 calories a day for each person;
(xvii) One sea water desalting kit for each two persons that raft is rated to carry, or two pints of water for each person the raft is rated to carry;
(xviii) One fishing kit; and
(xix) One book on survival appropriate for the area in which the airplane is operated.
(b) No person may operate an airplane in extended overwater operations unless there is attached to one of the life rafts required by paragraph (a) of this section, an approved survival type emergency locator transmitter. Batteries used in this transmitter must be replaced (or recharged, if the batteries are rechargeable) when the transmitter has been in use for more than one cumulative hour, or, when 50 percent of their useful life (or for rechargeable batteries, 50 percent of their useful life of charge) has expired, as established by the transmitter manufacturer under its approval. The new expiration date for replacing (or recharging) the battery must be legibly marked on the outside of the transmitter. The battery useful life (or useful life of charge) requirements of this paragraph do not apply to batteries (such as water-activated batteries) that are essentially unaffected during probable storage intervals.
§ 125.211   Seat and safety belts.
(a) No person may operate an airplane unless there are available during the takeoff, en route flight, and landing—
(1) An approved seat or berth for each person on board the airplane who is at least 2 years old; and
(2) An approved safety belt for separate use by each person on board the airplane who is at least 2 years old, except that two persons occupying a berth may share one approved safety belt and two persons occupying a multiple lounge or divan seat may share one approved safety belt during en route flight only.
(b) Except as provided in paragraphs (b)(1) and (b)(2) of this section, each person on board an airplane operated under this part shall occupy an approved seat or berth with a separate safety belt properly secured about him or her during movement on the surface, takeoff, and landing. A safety belt provided for the occupant of a seat may not be used for more than one person who has reached his or her second birthday. Notwithstanding the preceding requirements, a child may:
(1) Be held by an adult who is occupying an approved seat or berth, provided the child has not reached his or her second birthday and the child does not occupy or use any restraining device; or
(2) Notwithstanding any other requirement of this chapter, occupy an approved child restraint system furnished by the certificate holder or one of the persons described in paragraph (b)(2)(i) of this section, provided:
(i) The child is accompanied by a parent, guardian, or attendant designated by the child's parent or guardian to attend to the safety of the child during the flight;
(ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, the approved child restraint system bears one or more labels as follows:
(A) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must bear the label: “This child restraint system conforms to all applicable Federal motor vehicle safety standards”;
(B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:
( 1 ) “This child restraint system conforms to all applicable Federal motor vehicle safety standards”; and
( 2 ) “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT” in red lettering;
(C) Seats that do not qualify under paragraphs (b)(2)(ii)(A) and (b)(2)(ii)(B) of this section must bear a label or markings showing:
( 1 ) That the seat was approved by a foreign government;
( 2 ) That the seat was manufactured under the standards of the United Nations;
( 3 ) That the seat or child restraint device furnished by the certificate holder was approved by the FAA through Type Certificate or Supplemental Type Certificate; or
( 4 ) That the seat or child restraint device furnished by the certificate holder, or one of the persons described in paragraph (b)(2)(i) of this section, was approved by the FAA in accordance with § 21.8(d) of this chapter or Technical Standard Order C-100b, or a later version. The child restraint device manufactured by AmSafe, Inc. (CARES, Part No. 4082) and approved by the FAA in accordance with § 21.305(d) (2010 ed.) of this chapter may continue to bear a label or markings showing FAA approval in accordance with § 21.305(d) (2010 ed.) of this chapter.
(D) Except as provided in § 125.211(b)(2)(ii)(C)( 3 ) and § 125.211(b)(2)(ii)(C)( 4 ), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and
(iii) The certificate holder complies with the following requirements:
(A) The restraint system must be properly secured to an approved forward-facing seat or berth;
(B) The child must be properly secured in the restraint system and must not exceed the specified weight limit for the restraint system; and
(C) The restraint system must bear the appropriate label(s).
(c) Except as provided in paragraph (c)(3) of this section, the following prohibitions apply to certificate holders:
(1) Except as provided in § 125.211(b)(2)(ii)(C)( 3 ) and § 125.211(b)(2)(ii)(C)( 4 ), no certificate holder may permit a child, in an aircraft, to occupy a booster-type child restraint system, a vest-type child restraint system, a harness-type child restraint system, or a lap held child restraint system during take off, landing, and movement on the surface.
(2) Except as required in paragraph (c)(1) of this section, no certificate holder may prohibit a child, if requested by the child's parent, guardian, or designated attendant, from occupying a child restraint system furnished by the child's parent, guardian, or designated attendant provided:
(i) The child holds a ticket for an approved seat or berth or such seat or berth is otherwise made available by the certificate holder for the child's use;
(ii) The requirements of paragraph (b)(2)(i) of this section are met;
(iii) The requirements of paragraph (b)(2)(iii) of this section are met; and
(iv) The child restraint system has one or more of the labels described in paragraphs (b)(2)(ii)(A) through (b)(2)(ii)(C) of this section.
(3) This section does not prohibit the certificate holder from providing child restraint systems authorized by this section or, consistent with safe operating practices, determining the most appropriate passenger seat location for the child restraint system.
(d) Each sideward facing seat must comply with the applicable requirements of § 25.785(c) of this chapter.
(e) No certificate holder may take off or land an airplane unless each passenger seat back is in the upright position. Each passenger shall comply with instructions given by a crewmember in compliance with this paragraph. This paragraph does not apply to seats on which cargo or persons who are unable to sit erect for a medical reason are carried in accordance with procedures in the certificate holder's manual if the seat back does not obstruct any passenger's access to the aisle or to any emergency exit.
(f) Each occupant of a seat equipped with a shoulder harness must fasten the shoulder harness during takeoff and landing, except that, in the case of crewmembers, the shoulder harness need not be fastened if the crewmember cannot perform his required duties with the shoulder harness fastened.
§ 125.213   Miscellaneous equipment.
No person may conduct any operation unless the following equipment is installed in the airplane:
(a) If protective fuses are installed on an airplane, the number of spare fuses approved for the airplane and appropriately described in the certificate holder's manual.
(b) A windshield wiper or equivalent for each pilot station.
(c) A power supply and distribution system that meets the requirements of §§ 25.1309, 25.1331, 25.1351 (a) and (b) (1) through (4), 25.1353, 25.1355, and 25.1431(b) or that is able to produce and distribute the load for the required instruments and equipment, with use of an external power supply if any one power source or component of the power distribution system fails. The use of common elements in the system may be approved if the Administrator finds that they are designed to be reasonably protected against malfunctioning. Engine-driven sources of energy, when used, must be on separate engines.
(d) A means for indicating the adequacy of the power being supplied to required flight instruments.
(e) Two independent static pressure systems, vented to the outside atmospheric pressure so that they will be least affected by air flow variation or moisture or other foreign matter, and installed so as to be airtight except for the vent. When a means is provided for transferring an instrument from its primary operating system to an alternative system, the means must include a positive positioning control and must be marked to indicate clearly which system is being used.
(f) A placard on each door that is the means of access to a required passenger emergency exit to indicate that it must be open during takeoff and landing.
(g) A means for the crew, in an emergency, to unlock each door that leads to a compartment that is normally accessible to passengers and that can be locked by passengers.
§ 125.215   Operating information required.
(a) The operator of an airplane must provide the following materials, in current and appropriate form, accessible to the pilot at the pilot station, and the pilot shall use them:
(1) A cockpit checklist.
(2) An emergency cockpit checklist containing the procedures required by paragraph (c) of this section, as appropriate.
(3) Pertinent aeronautical charts.
(4) For IFR operations, each pertinent navigational en route, terminal area, and approach and letdown chart;
(5) One-engine-inoperative climb performance data and, if the airplane is approved for use in IFR or over-the-top operations, that data must be sufficient to enable the pilot to determine that the airplane is capable of carrying passengers over-the-top or in IFR conditions at a weight that will allow it to climb, with the critical engine inoperative, at least 50 feet a minute when operating at the MEA's of the route to be flown or 5,000 feet MSL, whichever is higher.
(b) Each cockpit checklist required by paragraph (a)(1) of this section must contain the following procedures:
(1) Before starting engines;
(2) Before take-off;
(3) Cruise;
(4) Before landing;
(5) After landing;
(6) Stopping engines.
(c) Each emergency cockpit checklist required by paragraph (a)(2) of this section must contain the following procedures, as appropriate:
(1) Emergency operation of fuel, hydraulic, electrical, and mechanical systems.
(2) Emergency operation of instruments and controls.
(3) Engine inoperative procedures.
(4) Any other emergency procedures necessary for safety.
§ 125.217   Passenger information.
(a) Except as provided in paragraph (b) of this section, no person may operate an airplane carrying passengers unless it is equipped with signs that meet the requirements of § 25.791 of this chapter and that are visible to passengers and flight attendants to notify them when smoking is prohibited and when safety belts must be fastened.
(1) The signs that notify when safety belts must be fastened must be so constructed that the crew can turn them on and off.
(2) The signs that prohibit smoking and signs that notify when safety belts must be fastened must be illuminated during airplane movement on the surface, for each takeoff, for each landing, and when otherwise considered to be necessary by the pilot in command.
(b) No passenger or crewmember may smoke while any “No Smoking” sign is lighted nor may any passenger or crewmember smoke in any lavatory.
(c) Each passenger required by § 125.211(b) to occupy a seat or berth shall fasten his or her safety belt about him or her and keep it fastened while any “Fasten Seat Belt” sign is lighted.
(d) Each passenger shall comply with instructions given him or her by crewmembers regarding compliance with paragraphs (b) and (c) of this section.
§ 125.219   Oxygen and portable oxygen concentrators for medical use by passengers.
(a) Except as provided in paragraphs (d) and (f) of this section, no certificate holder may allow the carriage or operation of equipment for the storage, generation or dispensing of medical oxygen unless the conditions in paragraphs (a) through (c) of this section are satisfied. Beginning August 22, 2016, a certificate holder may allow a passenger to carry and operate a portable oxygen concentrator when the conditions in paragraphs (b) and (f) of this section are satisfied.
(1) The equipment must be—
(i) Of an approved type or in conformity with the manufacturing, packaging, marking, labeling, and maintenance requirements of title 49 CFR parts 171, 172, and 173, except § 173.24(a)(1);
(ii) When owned by the certificate holder, maintained under the certificate holder's approved maintenance program;
(iii) Free of flammable contaminants on all exterior surfaces;
(iv) Constructed so that all valves, fittings, and gauges are protected from damage during that carriage or operation; and
(v) Appropriately secured.
(2) When the oxygen is stored in the form of a liquid, the equipment must have been under the certificate holder's approved maintenance program since its purchase new or since the storage container was last purged.
(3) When the oxygen is stored in the form of a compressed gas as defined in title 49 CFR 173.115(b)—
(i) When owned by the certificate holder, it must be maintained under its approved maintenance program; and
(ii) The pressure in any oxygen cylinder must not exceed the rated cylinder pressure.
(4) The pilot in command must be advised when the equipment is on board and when it is intended to be used.
(5) The equipment must be stowed, and each person using the equipment must be seated so as not to restrict access to or use of any required emergency or regular exit or of the aisle in the passenger compartment.
(b) No person may smoke or create an open flame and no certificate holder may allow any person to smoke or create an open flame within 10 feet of oxygen storage and dispensing equipment carried under paragraph (a) of this section or a portable oxygen concentrator carried and operated under paragraph (f) of this section.
(c) No certificate holder may allow any person other than a person trained in the use of medical oxygen equipment to connect or disconnect oxygen bottles or any other ancillary component while any passenger is aboard the airplane.
(d) Paragraph (a)(1)(i) of this section does not apply when that equipment is furnished by a professional or medical emergency service for use on board an airplane in a medical emergency when no other practical means of transportation (including any other properly equipped certificate holder) is reasonably available and the person carried under the medical emergency is accompanied by a person trained in the use of medical oxygen.
(e) Each certificate holder who, under the authority of paragraph (d) of this section, deviates from paragraph (a)(1)(i) of this section under a medical emergency shall, within 10 days, excluding Saturdays, Sundays, and Federal holidays, after the deviation, send to the responsible Flight Standards office charged with the overall inspection of the certificate holder a complete report of the operation involved, including a description of the deviation and the reasons for it.
(f) Portable oxygen concentrators —(1) Acceptance criteria. A passenger may carry or operate a portable oxygen concentrator for personal use on board an aircraft and a certificate holder may allow a passenger to carry or operate a portable oxygen concentrator on board an aircraft operated under this part during all phases of flight if the portable oxygen concentrator satisfies all of the requirements in this paragraph (f):
(i) Is legally marketed in the United States in accordance with Food and Drug Administration requirements in title 21 of the CFR;
(ii) Does not radiate radio frequency emissions that interfere with aircraft systems;
(iii) Generates a maximum oxygen pressure of less than 200 kPa gauge (29.0 psig/43.8 psia) at 20 °C (68 °F);
(iv) Does not contain any hazardous materials subject to the Hazardous Materials Regulations (49 CFR parts 171 through 180) except as provided in 49 CFR 175.10 for batteries used to power portable electronic devices and that do not require aircraft operator approval; and
(v) Bears a label on the exterior of the device applied in a manner that ensures the label will remain affixed for the life of the device and containing the following certification statement in red lettering: “The manufacturer of this POC has determined this device conforms to all applicable FAA acceptance criteria for POC carriage and use on board aircraft.” The label requirements in this paragraph (f)(1)(v) do not apply to the following portable oxygen concentrators approved by the FAA for use on board aircraft prior to May 24, 2016:
(A) AirSep Focus;
(B) AirSep FreeStyle;
(C) AirSep FreeStyle 5;
(D) AirSep LifeStyle;
(E) Delphi RS-00400;
(F) DeVilbiss Healthcare iGo;
(G) Inogen One;
(H) Inogen One G2;
(I) Inogen One G3;
(J) Inova Labs LifeChoice;
(K) Inova Labs LifeChoice Activox;
(L) International Biophysics LifeChoice;
(M) Invacare Solo2;
(N) Invacare XPO2;
(O) Oxlife Independence Oxygen Concentrator;
(P) Oxus RS-00400;
(Q) Precision Medical EasyPulse;
(R) Respironics EverGo;
(S) Respironics SimplyGo;
(T) SeQual Eclipse;
(U) SeQual eQuinox Oxygen System (model 4000);
(V) SeQual Oxywell Oxygen System (model 4000);
(W) SeQual SAROS; and
(X) VBox Trooper Oxygen Concentrator.
(2) Operating requirements. Portable oxygen concentrators that satisfy the acceptance criteria identified in paragraph (f)(1) of this section may be carried or used by a passenger on an aircraft provided the aircraft operator ensures that all of the conditions in this paragraph (f)(2) are satisfied:
(i) Exit seats. No person operating a portable oxygen concentrator is permitted to occupy an exit seat.
(ii) Stowage of device. During movement on the surface, takeoff and landing, the device must be stowed under the seat in front of the user, or in another approved stowage location so that it does not block the aisle way or the entryway to the row. If the device is to be operated by the user, it must be operated only at a seat location that does not restrict any passenger's access to, or use of, any required emergency or regular exit, or the aisle(s) in the passenger compartment.
§ 125.221   Icing conditions: Operating limitations.
(a) No pilot may take off an airplane that has frost, ice, or snow adhering to any propeller, windshield, stabilizing or control surface; to a powerplant installation; or to an airspeed, altimeter, rate of climb, flight attitude instrument system, or wing, except that takeoffs may be made with frost under the wing in the area of the fuel tanks if authorized by the FAA.
(b) No certificate holder may authorize an airplane to take off and no pilot may take off an airplane any time conditions are such that frost, ice, or snow may reasonably be expected to adhere to the airplane unless the pilot has completed the testing required under § 125.287(a)(9) and unless one of the following requirements is met:
(1) A pretakeoff contamination check, that has been established by the certificate holder and approved by the Administrator for the specific airplane type, has been completed within 5 minutes prior to beginning takeoff. A pretakeoff contamination check is a check to make sure the wings and control surfaces are free of frost, ice, or snow.
(2) The certificate holder has an approved alternative procedure and under that procedure the airplane is determined to be free of frost, ice, or snow.
(3) The certificate holder has an approved deicing/anti-icing program that complies with § 121.629(c) of this chapter and the takeoff complies with that program.
(c) No pilot may fly under IFR into known or forecast light or moderate icing conditions, or under VFR into known light or moderate icing conditions, unless—
(1) The aircraft has functioning deicing or anti-icing equipment protecting each propeller, windshield, wing, stabilizing or control surface, and each airspeed, altimeter, rate of climb, or flight attitude instrument system;
(2) The airplane has ice protection provisions that meet appendix C of this part; or
(3) The airplane meets transport category airplane type certification provisions, including the requirements for certification for flight in icing conditions.
(d) Except for an airplane that has ice protection provisions that meet appendix C of this part or those for transport category airplane type certification, no pilot may fly an airplane into known or forecast severe icing conditions.
(e) If current weather reports and briefing information relied upon by the pilot in command indicate that the forecast icing condition that would otherwise prohibit the flight will not be encountered during the flight because of changed weather conditions since the forecast, the restrictions in paragraphs (b) and (c) of this section based on forecast conditions do not apply.
§ 125.223   Airborne weather radar equipment requirements.
(a) No person may operate an airplane governed by this part in passenger-carrying operations unless approved airborne weather radar equipment is installed in the airplane.
(b) No person may begin a flight under IFR or night VFR conditions when current weather reports indicate that thunderstorms, or other potentially hazardous weather conditions that can be detected with airborne weather radar equipment, may reasonably be expected along the route to be flown, unless the airborne weather radar equipment required by paragraph (a) of this section is in satisfactory operating condition.
(c) If the airborne weather radar equipment becomes inoperative en route, the airplane must be operated under the instructions and procedures specified for that event in the manual required by § 125.71.
(d) This section does not apply to airplanes used solely within the State of Hawaii, within the State of Alaska, within that part of Canada west of longitude 130 degrees W, between latitude 70 degrees N, and latitude 53 degrees N, or during any training, test, or ferry flight.
(e) Without regard to any other provision of this part, an alternate electrical power supply is not required for airborne weather radar equipment.
§ 125.224   Collision avoidance system.
Effective January 1, 2005, any airplane you operate under this part 125 must be equipped and operated according to the following table:
Collision Avoidance Systems
§ 125.225   Flight data recorders.
(a) Except as provided in paragraph (d) of this section, after October 11, 1991, no person may operate a large airplane type certificated before October 1, 1969, for operations above 25,000 feet altitude, nor a multiengine, turbine powered airplane type certificated before October 1, 1969, unless it is equipped with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following information must be able to be determined within the ranges, accuracies, resolution, and recording intervals specified in appendix D of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission to or from air traffic control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Control column or pitch control surface position; and
(11) Thrust of each engine.
(b) Except as provided in paragraph (d) of this section, after October 11, 1991, no person may operate a large airplane type certificated after September 30, 1969, for operations above 25,000 feet altitude, nor a multiengine, turbine powered airplane type certificated after September 30, 1969, unless it is equipped with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following information must be able to be determined within the ranges, accuracies, resolutions, and recording intervals specified in appendix D of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Pitch trim position;
(11) Control column or pitch control surface position;
(12) Control wheel or lateral control surface position;
(13) Rudder pedal or yaw control surface position;
(14) Thrust of each engine;
(15) Position of each trust reverser;
(16) Trailing edge flap or cockpit flap control position; and
(17) Leading edge flap or cockpit flap control position.
(c) After October 11, 1991, no person may operate a large airplane equipped with a digital data bus and ARINC 717 digital flight data acquisition unit (DFDAU) or equivalent unless it is equipped with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. Any parameters specified in appendix D of this part that are available on the digital data bus must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified.
(d) No person may operate under this part an airplane that is manufactured after October 11, 1991, unless it is equipped with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The parameters specified in appendix D of this part must be recorded within the ranges, accuracies, resolutions and sampling intervals specified. For the purpose of this section, “manufactured” means the point in time at which the airplane inspection acceptance records reflect that the airplane is complete and meets the FAA-approved type design data.
(e) Whenever a flight recorder required by this section is installed, it must be operated continuously from the instant the airplane begins the takeoff roll until it has completed the landing roll at an airport.
(f) Except as provided in paragraph (g) of this section, and except for recorded data erased as authorized in this paragraph, each certificate holder shall keep the recorded data prescribed in paragraph (a), (b), (c), or (d) of this section, as applicable, until the airplane has been operated for at least 25 hours of the operating time specified in § 125.227(a) of this chapter. A total of 1 hour of recorded data may be erased for the purpose of testing the flight recorder or the flight recorder system. Any erasure made in accordance with this paragraph must be of the oldest recorded data accumulated at the time of testing. Except as provided in paragraph (g) of this section, no record need be kept more than 60 days.
(g) In the event of an accident or occurrence that requires immediate notification of the National Transportation Safety Board under 49 CFR part 830 and that results in termination of the flight, the certificate holder shall remove the recording media from the airplane and keep the recorded data required by paragraph (a), (b), (c), or (d) of this section, as applicable, for at least 60 days or for a longer period upon the request of the Board or the Administrator.
(h) Each flight recorder required by this section must be installed in accordance with the requirements of § 25.1459 of this chapter in effect on August 31, 1977. The correlation required by § 25.1459(c) of this chapter need be established only on one airplane of any group of airplanes.
(1) That are of the same type;
(2) On which the flight recorder models and their installations are the same; and
(3) On which there are no differences in the type design with respect to the installation of the first pilot's instruments associated with the flight recorder. The most recent instrument calibration, including the recording medium from which this calibration is derived, and the recorder correlation must be retained by the certificate holder.
(i) Each flight recorder required by this section that records the data specified in paragraphs (a), (b), (c), or (d) of this section must have an approved device to assist in locating that recorder under water.
(j) After August 20, 2001, this section applies only to the airplane models listed in § 125.226(l)(2). All other airplanes must comply with the requirements of § 125.226.
§ 125.226   Digital flight data recorders.
(a) Except as provided in paragraph (l) of this section, no person may operate under this part a turbine-engine-powered transport category airplane unless it is equipped with one or more approved flight recorders that use a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The operational parameters required to be recorded by digital flight data recorders required by this section are as follows: the phrase “when an information source is installed” following a parameter indicates that recording of that parameter is not intended to require a change in installed equipment:
(1) Time;
(2) Pressure altitude;
(3) Indicated airspeed;
(4) Heading—primary flight crew reference (if selectable, record discrete, true or magnetic);
(5) Normal acceleration (Vertical);
(6) Pitch attitude;
(7) Roll attitude;
(8) Manual radio transmitter keying, or CVR/DFDR synchronization reference;
(9) Thrust/power of each engine—primary flight crew reference;
(10) Autopilot engagement status;
(11) Longitudinal acceleration;
(12) Pitch control input;
(13) Lateral control input;
(14) Rudder pedal input;
(15) Primary pitch control surface position;
(16) Primary lateral control surface position;
(17) Primary yaw control surface position;
(18) Lateral acceleration;
(19) Pitch trim surface position or parameters of paragraph (a)(82) of this section if currently recorded;
(20) Trailing edge flap or cockpit flap control selection (except when parameters of paragraph (a)(85) of this section apply);
(21) Leading edge flap or cockpit flap control selection (except when parameters of paragraph (a)(86) of this section apply);
(22) Each Thrust reverser position (or equivalent for propeller airplane);
(23) Ground spoiler position or speed brake selection (except when parameters of paragraph (a)(87) of this section apply);
(24) Outside or total air temperature;
(25) Automatic Flight Control System (AFCS) modes and engagement status, including autothrottle;
(26) Radio altitude (when an information source is installed);
(27) Localizer deviation, MLS Azimuth;
(28) Glideslope deviation, MLS Elevation;
(29) Marker beacon passage;
(30) Master warning;
(31) Air/ground sensor (primary airplane system reference nose or main gear);
(32) Angle of attack (when information source is installed);
(33) Hydraulic pressure low (each system);
(34) Ground speed (when an information source is installed);
(35) Ground proximity warning system;
(36) Landing gear position or landing gear cockpit control selection;
(37) Drift angle (when an information source is installed);
(38) Wind speed and direction (when an information source is installed);
(39) Latitude and longitude (when an information source is installed);
(40) Stick shaker/pusher (when an information source is installed);
(41) Windshear (when an information source is installed);
(42) Throttle/power lever position;
(43) Additional engine parameters (as designed in appendix E of this part);
(44) Traffic alert and collision avoidance system;
(45) DME 1 and 2 distances;
(46) Nav 1 and 2 selected frequency;
(47) Selected barometric setting (when an information source is installed);
(48) Selected altitude (when an information source is installed);
(49) Selected speed (when an information source is installed);
(50) Selected mach (when an information source is installed);
(51) Selected vertical speed (when an information source is installed);
(52) Selected heading (when an information source is installed);
(53) Selected flight path (when an information source is installed);
(54) Selected decision height (when an information source is installed);
(55) EFIS display format;
(56) Multi-function/engine/alerts display format;
(57) Thrust command (when an information source is installed);
(58) Thrust target (when an information source is installed);
(59) Fuel quantity in CG trim tank (when an information source is installed);
(60) Primary Navigation System Reference;
(61) Icing (when an information source is installed);
(62) Engine warning each engine vibration (when an information source is installed);
(63) Engine warning each engine over temp. (when an information source is installed);
(64) Engine warning each engine oil pressure low (when an information source is installed);
(65) Engine warning each engine over speed (when an information source is installed);
(66) Yaw trim surface position;
(67) Roll trim surface position;
(68) Brake pressure (selected system);
(69) Brake pedal application (left and right);
(70) Yaw of sideslip angle (when an information source is installed);
(71) Engine bleed valve position (when an information source is installed);
(72) De-icing or anti-icing system selection (when an information source is installed);
(73) Computed center of gravity (when an information source is installed);
(74) AC electrical bus status;
(75) DC electrical bus status;
(76) APU bleed valve position (when an information source is installed);
(77) Hydraulic pressure (each system);
(78) Loss of cabin pressure;
(79) Computer failure;
(80) Heads-up display (when an information source is installed);
(81) Para-visual display (when an information source is installed);
(82) Cockpit trim control input position-pitch;
(83) Cockpit trim control input position—roll;
(84) Cockpit trim control input position—yaw;
(85) Trailing edge flap and cockpit flap control position;
(86) Leading edge flap and cockpit flap control position;
(87) Ground spoiler position and speed brake selection;
(88) All cockpit flight control input forces (control wheel, control column, rudder pedal);
(89) Yaw damper status;
(90) Yaw damper command; and
(91) Standby rudder valve status.
(b) For all turbine-engine powered transport category airplanes manufactured on or before October 11, 1991, by August 20, 2001—
(1) For airplanes not equipped as of July 16, 1996, with a flight data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) through (a)(18) of this section must be recorded within the ranges and accuracies specified in Appendix D of this part, and—
(i) For airplanes with more than two engines, the parameter described in paragraph (a)(18) is not required unless sufficient capacity is available on the existing recorder to record that parameter.
(ii) Parameters listed in paragraphs (a)(12) through (a)(17) each may be recorded from a single source.
(2) For airplanes that were equipped as of July 16, 1996, with a flight data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) through (a)(22) of this section must be recorded within the ranges, accuracies, and recording intervals specified in Appendix E of this part. Parameters listed in paragraphs (a)(12) through (a)(17) each may be recorded from a single source.
(3) The approved flight recorder required by this section must be installed at the earliest time practicable, but no later than the next heavy maintenance check after August 18, 1999 and no later than August 20, 2001. A heavy maintenance check is considered to be any time an airplane is scheduled to be out of service for 4 or more days and is scheduled to include access to major structural components.
(c) For all turbine-engine-powered transport category airplanes manufactured on or before October 11, 1991—
(1) That were equipped as of July 16, 1996, with one or more digital data bus(es) and an ARINC 717 digital flight data acquisition unit (DFDAU) or equivalent, the parameters specified in paragraphs (a)(1) through (a)(22) of this section must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix E of this part by August 20, 2001. Parameters listed in paragraphs (a)(12) through (a)(14) each may be recorded from a single source.
(2) Commensurate with the capacity of the recording system (DFDAU or equivalent and the DFDR), all additional parameters for which information sources are installed and which are connected to the recording system must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix E of this part by August 20, 2001.
(3) That were subject to § 125.225(e) of this part, all conditions of § 125.225(c) must continue to be met until compliance with paragraph (c)(1) of this section is accomplished.
(d) For all turbine-engine-powered transport category airplanes that were manufactured after October 11, 1991—
(1) The parameters listed in paragraphs (a)(1) through (a)(34) of this section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix E of this part by August 20, 2001. Paramaters listed in paragraphs (a)(12) through (a)(14) each may be recorded from a single source.
(2) Commensurate with the capacity of the recording system, all additional parameters for which information sources are installed and which are connected to the recording system, must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix E of this part by August 20, 2001.
(e) For all turbine-engine-powered transport category airplanes that are manufactured after August 18, 2000—
(1) The parameters listed in paragraph (a) (1) through (57) of this section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix E of this part.
(2) Commensurate with the capacity of the recording system, all additional parameters for which information sources are installed and which are connected to the recording system, must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix E of this part.
(3) In addition to the requirements of paragraphs (e)(1) and (e)(2) of this section, all Boeing 737 model airplanes must also comply with the requirements of paragraph (n) of this section, as applicable.
(f) For all turbine-engine-powered transport category airplanes manufactured after August 19, 2002—
(1) The parameters listed in paragraphs (a)(1) through (a)(88) of this section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix E to this part.
(2) In addition to the requirements of paragraphs (f)(1) of this section, all Boeing 737 model airplanes must also comply with the requirements of paragraph (n) of this section.
(g) Whenever a flight data recorder required by this section is installed, it must be operated continuously from the instant the airplane begins its takeoff roll until it has completed its landing roll.
(h) Except as provided in paragraph (i) of this section, and except for recorded data erased as authorized in this paragraph, each certificate holder shall keep the recorded data prescribed by this section, as appropriate, until the airplane has been operated for at least 25 hours of the operating time specified in § 121.359(a) of this part. A total of 1 hour of recorded data may be erased for the purpose of testing the flight recorder or the flight recorder system. Any erasure made in accordance with this paragraph must be of the oldest recorded data accumulated at the time of testing. Except as provided in paragraph (i) of this section, no record need to be kept more than 60 days.
(i) In the event of an accident or occurrence that requires immediate notification of the National Transportation Safety Board under 49 CFR 830 of its regulations and that results in termination of the flight, the certificate holder shall remove the recorder from the airplane and keep the recorder data prescribed by this section, as appropriate, for at least 60 days or for a longer period upon the request of the Board or the Administrator.
(j) Each flight data recorder system required by this section must be installed in accordance with the requirements of § 25.1459(a) (except paragraphs (a)(3)(ii) and (7)), (b), (d) and (e) of this chapter. A correlation must be established between the values recorded by the flight data recorder and the corresponding values being measured. The correlation must contain a sufficient number of correlation points to accurately establish the conversion from the recorded values to engineering units or discrete state over the full operating range of the parameter. Except for airplanes having separate altitude and airspeed sensors that are an integral part of the flight data recorder system, a single correlation may be established for any group of airplanes—
(1) That are of the same type;
(2) On which the flight recorder system and its installation are the same; and
(3) On which there is no difference in the type design with respect to the installation of those sensors associated with the flight data recorder system. Documentation sufficient to convert recorded data into the engineering units and discrete values specified in the applicable appendix must be maintained by the certificate holder.
(k) Each flight data recorder required by this section must have an approved device to assist in locating that recorder under water.
(l) The following airplanes that were manufactured before August 18, 1997 need not comply with this section, but must continue to comply with applicable paragraphs of § 125.225 of this chapter, as appropriate:
(1) Airplanes that meet the Stage 2 noise levels of part 36 of this chapter and are subject to § 91.801(c) of this chapter, until January 1, 2000. On and after January 1, 2000, any Stage 2 airplane otherwise allowed to be operated under Part 91 of this chapter must comply with the applicable flight data recorder requirements of this section for that airplane.
(2) British Aerospace 1-11, General Dynamics Convair 580, General Dynamics Convair 600, General Dynamics Convair 640, deHavilland Aircraft Company Ltd. DHC-7, Fairchild Industries FH 227, Fokker F-27 (except Mark 50), F-28 Mark 1000 and Mark 4000, Gulfstream Aerospace G-159, Jetstream 4100 Series, Lockheed Aircraft Corporation Electra 10-A, Lockheed Aircraft Corporation Electra 10-B, Lockheed Aircraft Corporation Electra 10-E, Lockheed Aircraft Corporation Electra L-188, Lockheed Martin Model 382 (L-100) Hercules, Maryland Air Industries, Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited SD3-30, Short Bros. Limited SD3-60.
(m) All aircraft subject to the requirements of this section that are manufactured on or after April 7, 2010, must have a flight data recorder installed that also—
(1) Meets the requirements in § 25.1459(a)(3), (a)(7), and (a)(8) of this chapter; and
(2) Retains the 25 hours of recorded information required in paragraph (f) of this section using a recorder that meets the standards of TSO-C124a, or later revision.
(n) In addition to all other applicable requirements of this section, all Boeing 737 model airplanes manufactured after August 18, 2000 must record the parameters listed in paragraphs (a)(88) through (a)(91) of this section within the ranges, accuracies, resolutions, and recording intervals specified in Appendix E to this part. Compliance with this paragraph is required no later than February 2, 2011.
§ 125.227   Cockpit voice recorders.
(a) No certificate holder may operate a large turbine engine 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) Each certificate holder shall establish a schedule for completion, before the prescribed dates, of the cockpit voice recorder installations required by paragraph (a) of this section. In addition, the certificate holder shall identify any airplane specified in paragraph (a) of this section he intends to discontinue using before the prescribed dates.
(c) The cockpit voice recorder required by this section must also meet the following standards:
(1) The requirements of part 25 of this chapter in effect after October 11, 1991.
(2) After September 1, 1980, 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 it is not likely to be separated during crash impact, unless the cockpit voice recorder and the flight recorder, required by § 125.225 of this chapter, are installed adjacent to each other in such a manner that they are not likely to be separated during crash impact.
(d) In complying with this section, an approved cockpit voice recorder having an erasure feature may be used so that, at any time during the operation of the recorder, information recorded more than 30 minutes earlier may be erased or otherwise obliterated.
(e) For those aircraft equipped to record the uninterrupted audio signals received by a boom or a mask microphone the flight crewmembers are required to use the boom microphone below 18,000 feet mean sea level. No person may operate a large turbine engine powered airplane or a large pressurized airplane with four reciprocating engines manufactured after October 11, 1991, or on which a cockpit voice recorder has been installed after October 11, 1991, unless it is equipped to record the uninterrupted audio signal received by a boom or mask microphone in accordance with § 25.1457(c)(5) of this chapter.
(f) In the event of an accident or occurrence requiring immediate notification of the National Transportation Safety Board under 49 CFR part 830 of its regulations, which results in the termination of the flight, the certificate holder shall keep the recorded information for at least 60 days or, if requested by the Administrator or the Board, for a longer period. Information obtained from the record is used to assist in determining the cause of accidents or occurrences in connection with investigations under 49 CFR part 830. The Administrator does not use the record in any civil penalty or certificate action.
(g) By April 7, 2012, all turbine engine-powered airplanes subject to this section that are manufactured before April 7, 2010, must have a cockpit voice recorder installed that also—
(1) Meets the requirements of § 25.1457(a)(3), (a)(4), (a)(5), and (d)(6) of this chapter;
(2) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision; and
(3) Is operated continuously from the start of the use of the checklist (before starting the engines for the purpose of flight), to the completion of the final checklist at the termination of the flight.
(h) All turbine engine-powered airplanes subject to this section that are manufactured on or after April 7, 2010, must have a cockpit voice recorder installed that also—
(1) Is installed in accordance with the requirements of § 25.1457 (except for paragraph (a)(6)) of this chapter;
(2) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision; and
(3) Is operated continuously from the start of the use of the checklist (before starting the engines for the purpose of flight), to the completion of the final checklist at the termination of the flight.
(4) For all airplanes manufactured on or after December 6, 2010, also meets the requirements of § 25.1457(a)(6) of this chapter.
(i) All airplanes required by this part to have a cockpit voice recorder and a flight data recorder, that install datalink communication equipment on or after December 6, 2010, must record all datalink messages as required by the certification rule applicable to the airplane.
§ 125.228   Flight data recorders: filtered data.
(a) A flight data signal is filtered when an original sensor signal has been changed in any way, other than changes necessary to:
(1) Accomplish analog to digital conversion of the signal;
(2) Format a digital signal to be DFDR compatible; or
(3) Eliminate a high frequency component of a signal that is outside the operational bandwidth of the sensor.
(b) An original sensor signal for any flight recorder parameter required to be recorded under § 125.226 may be filtered only if the recorded signal value continues to meet the requirements of Appendix D or E of this part, as applicable.
(c) For a parameter described in § 125.226(a) (12) through (17), (42), or (88), or the corresponding parameter in Appendix D of this part, if the recorded signal value is filtered and does not meet the requirements of Appendix D or E of this part, as applicable, the certificate holder must:
(1) Remove the filtering and ensure that the recorded signal value meets the requirements of Appendix D or E of this part, as applicable; or
(2) Demonstrate by test and analysis that the original sensor signal value can be reconstructed from the recorded data. This demonstration requires that:
(i) The FAA determine that the procedure and the test results submitted by the certificate holder as its compliance with paragraph (c)(2) of this section are repeatable; and
(ii) The certificate holder maintains documentation of the procedure required to reconstruct the original sensor signal value. This documentation is also subject to the requirements of § 125.226(i).
(d) Compliance. Compliance is required as follows:
(1) No later than October 20, 2011, each operator must determine, for each airplane it operates, whether the airplane's DFDR system is filtering any of the parameters listed in paragraph (c) of this section. The operator must create a record of this determination for each airplane it operates, and maintain it as part of the correlation documentation required by § 125.226(j)(3) of this part.
(2) For airplanes that are not filtering any listed parameter, no further action is required unless the airplane's DFDR system is modified in a manner that would cause it to meet the definition of filtering on any listed parameter.
(3) For airplanes found to be filtering a parameter listed in paragraph (c) of this section, the operator must either:
(i) No later than April 21, 2014, remove the filtering; or
(ii) No later than April 22, 2013, submit the necessary procedure and test results required by paragraph (c)(2) of this section.
(4) After April 21, 2014, no aircraft flight data recording system may filter any parameter listed in paragraph (c) of this section that does not meet the requirements of Appendix D or E of this part, unless the certificate holder possesses test and analysis procedures and the test results that have been approved by the FAA. All records of tests, analysis and procedures used to comply with this section must be maintained as part of the correlation documentation required by § 125.226(j)(3) of this part.
§ 125.241   Applicability.
This subpart prescribes rules, in addition to those prescribed in other parts of this chapter, for the maintenance of airplanes, airframes, aircraft engines, propellers, appliances, each item of survival and emergency equipment, and their component parts operated under this part.
§ 125.243   Certificate holder's responsibilities.
(a) With regard to airplanes, including airframes, aircraft engines, propellers, appliances, and survival and emergency equipment, operated by a certificate holder, that certificate holder is primarily responsible for—
(1) Airworthiness;
(2) The performance of maintenance, preventive maintenance, and alteration in accordance with applicable regulations and the certificate holder's manual;
(3) The scheduling and performance of inspections required by this part; and
(4) Ensuring that maintenance personnel make entries in the airplane maintenance log and maintenance records which meet the requirements of part 43 of this chapter and the certificate holder's manual, and which indicate that the airplane has been approved for return to service after maintenance, preventive maintenance, or alteration has been performed.
§ 125.245   Organization required to perform maintenance, preventive maintenance, and alteration.
The certificate holder must ensure that each person with whom it arranges for the performance of maintenance, preventive maintenance, alteration, or required inspection items identified in the certificate holder's manual in accordance with § 125.249(a)(3)(ii) must have an organization adequate to perform that work.
§ 125.247   Inspection programs and maintenance.
(a) No person may operate an airplane subject to this part unless
(1) The replacement times for life-limited parts specified in the aircraft type certificate data sheets, or other documents approved by the Administrator, are complied with;
(2) Defects disclosed between inspections, or as a result of inspection, have been corrected in accordance with part 43 of this chapter; and
(3) The airplane, including airframe, aircraft engines, propellers, appliances, and survival and emergency equipment, and their component parts, is inspected in accordance with an inspection program approved by the Administrator.
(b) The inspection program specified in paragraph (a)(3) of this section must include at least the following:
(1) Instructions, procedures, and standards for the conduct of inspections for the particular make and model of airplane, including necessary tests and checks. The instructions and procedures must set forth in detail the parts and areas of the airframe, aircraft engines, propellers, appliances, and survival and emergency equipment required to be inspected.
(2) A schedule for the performance of inspections that must be performed under the program, expressed in terms of the time in service, calendar time, number of system operations, or any combination of these.
(c) No person may be used to perform the inspections required by this part unless that person is authorized to perform maintenance under part 43 of this chapter.
(d) No person may operate an airplane subject to this part unless—
(1) The installed engines have been maintained in accordance with the overhaul periods recommended by the manufacturer or a program approved by the Administrator; and
(2) The engine overhaul periods are specified in the inspection programs required by § 125.247(a)(3).
(e) Inspection programs which may be approved for use under this part include, but are not limited to—
(1) A continuous inspection program which is a part of a current continuous airworthiness program approved for use by a certificate holder under part 121 or part 135 of this chapter;
(2) Inspection programs currently recommended by the manufacturer of the airplane, aircraft engines, propellers, appliances, or survival and emergency equipment; or
(3) An inspection program developed by a certificate holder under this part.
§ 125.248   [Reserved]
§ 125.249   Maintenance manual requirements.
(a) Each certificate holder's manual required by § 125.71 of this part shall contain, in addition to the items required by § 125.73 of this part, at least the following:
(1) A description of the certificate holders maintenance organization, when the certificate holder has such an organization.
(2) A list of those persons with whom the certificate holder has arranged for performance of inspections under this part. The list shall include the persons' names and addresses.
(3) The inspection programs required by § 125.247 of this part to be followed in the performance of inspections under this part including—
(i) The method of performing routine and nonroutine inspections (other than required inspections);
(ii) The designation of the items that must be inspected (required inspections), including at least those which if improperly accomplished could result in a failure, malfunction, or defect endangering the safe operation of the airplane;
(iii) The method of performing required inspections;
(iv) Procedures for the inspection of work performed under previously required inspection findings (“buy-back procedures”);
(v) Procedures, standards, and limits necessary for required inspections and acceptance or rejection of the items required to be inspected;
(vi) Instructions to prevent any person who performs any item of work from performing any required inspection of that work; and
(vii) Procedures to ensure that work interruptions do not adversely affect required inspections and to ensure required inspections are properly completed before the airplane is released to service.
(b) In addition, each certificate holder's manual shall contain a suitable system which may include a coded system that provides for the retention of the following:
(1) A description (or reference to data acceptable to the Administrator) of the work performed.
(2) The name of the person performing the work and the person's certificate type and number.
(3) The name of the person approving the work and the person's certificate type and number.
§ 125.251   Required inspection personnel.
(a) No person may use any person to perform required inspections unless the person performing the inspection is appropriately certificated, properly trained, qualified, and authorized to do so.
(b) No person may perform a required inspection if that person performed the item of work required to be inspected.
§ 125.261   Airman: Limitations on use of services.
(a) No certificate holder may use any person as an airman nor may any person serve as an airman unless that person—
(1) Holds an appropriate current airman certificate issued by the FAA;
(2) Has any required appropriate current airman and medical certificates in that person's possession while engaged in operations under this part; and
(3) Is otherwise qualified for the operation for which that person is to be used.
(b) Each airman covered by paragraph (a) of this section shall present the certificates for inspection upon the request of the Administrator.
§ 125.263   Composition of flightcrew.
(a) No certificate holder may operate an airplane with less than the minimum flightcrew specified in the type certificate and the Airplane Flight Manual approved for that type airplane and required by this part for the kind of operation being conducted.
(b) In any case in which this part requires the performance of two or more functions for which an airman certificate is necessary, that requirement is not satisfied by the performance of multiple functions at the same time by one airman.
(c) On each flight requiring a flight engineer, at least one flight crewmember, other than the flight engineer, must be qualified to provide emergency performance of the flight engineer's functions for the safe completion of the flight if the flight engineer becomes ill or is otherwise incapacitated. A pilot need not hold a flight engineer's certificate to perform the flight engineer's functions in such a situation.
§ 125.265   Flight engineer requirements.
(a) No person may operate an airplane for which a flight engineer is required by the type certification requirements without a flight crewmember holding a current flight engineer certificate.
(b) No person may serve as a required flight engineer on an airplane unless, within the preceding 6 calendar months, that person has had at least 50 hours of flight time as a flight engineer on that type airplane, or the Administrator has checked that person on that type airplane and determined that person is familiar and competent with all essential current information and operating procedures.
§ 125.267   Flight navigator and long-range navigation equipment.
(a) No certificate holder may operate an airplane outside the 48 conterminous States and the District of Columbia when its position cannot be reliably fixed for a period of more than 1 hour, without—
(1) A flight crewmember who holds a current flight navigator certificate; or
(2) Two independent, properly functioning, and approved long-range means of navigation which enable a reliable determination to be made of the position of the airplane by each pilot seated at that person's duty station.
(b) Operations where a flight navigator or long-range navigation equipment, or both, are required are specified in the operations specifications of the operator.
§ 125.269   Flight attendants.
(a) Each certificate holder shall provide at least the following flight attendants on each passenger-carrying airplane used:
(1) For airplanes having more than 19 but less than 51 passengers—one flight attendant.
(2) For airplanes having more than 50 but less than 101 passengers—two flight attendants.
(3) For airplanes having more than 100 passengers—two flight attendants plus one additional flight attendant for each unit (or part of a unit) of 50 passengers above 100 passengers.
(b) The number of flight attendants approved under paragraphs (a) and (b) of this section are set forth in the certificate holder's operations specifications.
(c) During takeoff and landing, flight attendants required by this section shall be located as near as practicable to required floor level exits and shall be uniformly distributed throughout the airplane to provide the most effective egress of passengers in event of an emergency evacuation.
§ 125.271   Emergency and emergency evacuation duties.
(a) Each certificate holder shall, for each type and model of airplane, assign to each category of required crewmember, as appropriate, the necessary functions to be performed in an emergency or a situation requiring emergency evacuation. The certificate holder shall show those functions are realistic, can be practically accomplished, and will meet any reasonably anticipated emergency, including the possible incapacitation of individual crewmembers or their inability to reach the passenger cabin because of shifting cargo in combination cargo-passenger airplanes.
(b) The certificate holder shall describe in its manual the functions of each category of required crewmembers under paragraph (a) of this section.
§ 125.281   Pilot-in-command qualifications.
No certificate holder may use any person, nor may any person serve, as pilot in command of an airplane unless that person—
(a) Holds at least a commercial pilot certificate, an appropriate category, class, and type rating, and an instrument rating; and
(b) Has had at least 1,200 hours of flight time as a pilot, including 500 hours of cross-country flight time, 100 hours of night flight time, including at least 10 night takeoffs and landings, and 75 hours of actual or simulated instrument flight time, at least 50 hours of which were actual flight.
§ 125.283   Second-in-command qualifications.
No certificate holder may use any person, nor may any person serve, as second in command of an airplane unless that person—
(a) Holds at least a commercial pilot certificate with appropriate category and class ratings, and an instrument rating; and
(b) For flight under IFR, meets the recent instrument experience requirements prescribed for a pilot in command in part 61 of this chapter.
§ 125.285   Pilot qualifications: Recent experience.
(a) No certificate holder may use any person, nor may any person serve, as a required pilot flight crewmember unless within the preceding 90 calendar days that person has made at least three takeoffs and landings in the type airplane in which that person is to serve. The takeoffs and landings required by this paragraph may be performed in a flight simulator if the flight simulator is qualified and approved by the Administrator for such purpose. However, any person who fails to qualify for a 90-consecutive-day period following the date of that person's last qualification under this paragraph must reestablish recency of experience as provided in paragraph (b) of this section.
(b) A required pilot flight crewmember who has not met the requirements of paragraph (a) of this section may reestablish recency of experience by making at least three takeoffs and landings under the supervision of an authorized check airman, in accordance with the following:
(1) At least one takeoff must be made with a simulated failure of the most critical powerplant.
(2) At least one landing must be made from an ILS approach to the lowest ILS minimums authorized for the certificate holder.
(3) At least one landing must be made to a complete stop.
(c) A required pilot flight crewmember who performs the maneuvers required by paragraph (b) of this section in a qualified and approved flight simulator, as prescribed in paragraph (a) of this section, must—
(1) Have previously logged 100 hours of flight time in the same type airplane in which the pilot is to serve; and
(2) Be observed on the first two landings made in operations under this part by an authorized check airman who acts as pilot in command and occupies a pilot seat. The landings must be made in weather minimums that are not less than those contained in the certificate holder's operations specifications for Category I operations and must be made within 45 days following completion of simulator testing.
(d) An authorized check airman who observes the takeoffs and landings prescribed in paragraphs (b) and (c)(2) of this section shall certify that the person being observed is proficient and qualified to perform flight duty in operations under this part, and may require any additional maneuvers that are determined necessary to make this certifying statement.
§ 125.287   Initial and recurrent pilot testing requirements.
(a) No certificate holder may use any person, nor may any person serve as a pilot, unless, since the beginning of the 12th calendar month before that service, that person has passed a written or oral test, given by the Administrator or an authorized check airman on that person's knowledge in the following areas—
(1) The appropriate provisions of parts 61, 91, and 125 of this chapter and the operations specifications and the manual of the certificate holder;
(2) For each type of airplane to be flown by the pilot, the airplane powerplant, major components and systems, major appliances, performance and operating limitations, standard and emergency operating procedures, and the contents of the approved Airplane Flight Manual or approved equivalent, as applicable;
(3) For each type of airplane to be flown by the pilot, the method of determining compliance with weight and balance limitations for takeoff, landing, and en route operations;
(4) Navigation and use of air navigation aids appropriate to the operation of pilot authorization, including, when applicable, instrument approach facilities and procedures;
(5) Air traffic control procedures, including IFR procedures when applicable;
(6) Meteorology in general, including the principles of frontal systems, icing, fog, thunderstorms, and windshear, and, if appropriate for the operation of the certificate holder, high altitude weather;
(7) Procedures for avoiding operations in thunderstorms and hail, and for operating in turbulent air or in icing conditions;
(8) New equipment, procedures, or techniques, as appropriate;
(9) Knowledge and procedures for operating during ground icing conditions, ( i.e. , any time conditions are such that frost, ice, or snow may reasonably be expected to adhere to the airplane), if the certificate holder expects to authorize takeoffs in ground icing conditions, including:
(i) The use of holdover times when using deicing/anti-icing fluids.
(ii) Airplane deicing/anti-icing procedures, including inspection and check procedures and responsibilities.
(iii) Communications.
(iv) Airplane surface contamination ( i.e. , adherence of frost, ice, or snow) and critical area identification, and knowledge of how contamination adversely affects airplane performance and flight characteristics.
(v) Types and characteristics of deicing/anti-icing fluids, if used by the certificate holder.
(vi) Cold weather preflight inspection procedures.
(vii) Techniques for recognizing contamination on the airplane.
(b) No certificate holder may use any person, nor may any person serve, as a pilot in any airplane unless, since the beginning of the 12th calendar month before that service, that person has passed a competency check given by the Administrator or an authorized check airman in that type of airplane to determine that person's competence in practical skills and techniques in that airplane or type of airplane. The extent of the competency check shall be determined by the Administrator or authorized check airman conducting the competency check. The competency check may include any of the maneuvers and procedures currently required for the original issuance of the particular pilot certificate required for the operations authorized and appropriate to the category, class, and type of airplane involved. For the purposes of this paragraph, type, as to an airplane, means any one of a group of airplanes determined by the Administrator to have a similar means of propulsion, the same manufacturer, and no significantly different handling or flight characteristics.
(c) The instrument proficiency check required by § 125.291 may be substituted for the competency check required by this section for the type of airplane used in the check.
(d) For the purposes of this part, competent performance of a procedure or maneuver by a person to be used as a pilot requires that the pilot be the obvious master of the airplane with the successful outcome of the maneuver never in doubt.
(e) The Administrator or authorized check airman certifies the competency of each pilot who passes the knowledge or flight check in the certificate holder's pilot records.
(f) Portions of a required competency check may be given in an airplane simulator or other appropriate training device, if approved by the Administrator.
(g) If the certificate holder is authorized to conduct EFVS operations, the competency check in paragraph (b) of this section must include tasks appropriate to the EFVS operations the certificate holder is authorized to conduct.
§ 125.289   Initial and recurrent flight attendant crewmember testing requirements.
No certificate holder may use any person, nor may any person serve, as a flight attendant crewmember, unless, since the beginning of the 12th calendar month before that service, the certificate holder has determined by appropriate initial and recurrent testing that the person is knowledgeable and competent in the following areas as appropriate to assigned duties and responsibilities:
(a) Authority of the pilot in command;
(b) Passenger handling, including procedures to be followed in handling deranged persons or other persons whose conduct might jeopardize safety;
(c) Crewmember assignments, functions, and responsibilities during ditching and evacuation of persons who may need the assistance of another person to move expeditiously to an exit in an emergency;
(d) Briefing of passengers;
(e) Location and operation of portable fire extinguishers and other items of emergency equipment;
(f) Proper use of cabin equipment and controls;
(g) Location and operation of passenger oxygen equipment;
(h) Location and operation of all normal and emergency exits, including evacuation chutes and escape ropes; and
(i) Seating of persons who may need assistance of another person to move rapidly to an exit in an emergency as prescribed by the certificate holder's operations manual.
§ 125.291   Pilot in command: Instrument proficiency check requirements.
(a) No certificate holder may use any person, nor may any person serve, as a pilot in command of an airplane under IFR unless, since the beginning of the sixth calendar month before that service, that person has passed an instrument proficiency check and the Administrator or an authorized check airman has so certified in a letter of competency.
(b) No pilot may use any type of precision instrument approach procedure under IFR unless, since the beginning of the sixth calendar month before that use, the pilot has satisfactorily demonstrated that type of approach procedure and has been issued a letter of competency under paragraph (g) of this section. No pilot may use any type of nonprecision approach procedure under IFR unless, since the beginning of the sixth calendar month before that use, the pilot has satisfactorily demonstrated either that type of approach procedure or any other two different types of nonprecision approach procedures and has been issued a letter of competency under paragraph (g) of this section. The instrument approach procedure or procedures must include at least one straight-in approach, one circling approach, and one missed approach. Each type of approach procedure demonstrated must be conducted to published minimums for that procedure.
(c) The instrument proficiency check required by paragraph (a) of this section consists of an oral or written equipment test and a flight check under simulated or actual IFR conditions. The equipment test includes questions on emergency procedures, engine operation, fuel and lubrication systems, power settings, stall speeds, best engine-out speed, propeller and supercharge operations, and hydraulic, mechanical, and electrical systems, as appropriate. The flight check includes navigation by instruments, recovery from simulated emergencies, and standard instrument approaches involving navigational facilities which that pilot is to be authorized to use.
(1) For a pilot in command of an airplane, the instrument proficiency check must include the procedures and maneuvers for a commercial pilot certificate with an instrument rating and, if required, for the appropriate type rating.
(2) The instrument proficiency check must be given by an authorized check airman or by the Administrator.
(d) If the pilot in command is assigned to pilot only one type of airplane, that pilot must take the instrument proficiency check required by paragraph (a) of this section in that type of airplane.
(e) If the pilot in command is assigned to pilot more than one type of airplane, that pilot must take the instrument proficiency check required by paragraph (a) of this section in each type of airplane to which that pilot is assigned, in rotation, but not more than one flight check during each period described in paragraph (a) of this section.
(f) Portions of a required flight check may be given in an airplane simulator or other appropriate training device, if approved by the Administrator.
(g) The Administrator or authorized check airman issues a letter of competency to each pilot who passes the instrument proficiency check. The letter of competency contains a list of the types of instrument approach procedures and facilities authorized.
§ 125.293   Crewmember: Tests and checks, grace provisions, accepted standards.
(a) If a crewmember who is required to take a test or a flight check under this part completes the test or flight check in the calendar month before or after the calendar month in which it is required, that crewmember is considered to have completed the test or check in the calendar month in which it is required.
(b) If a pilot being checked under this subpart fails any of the required maneuvers, the person giving the check may give additional training to the pilot during the course of the check. In addition to repeating the maneuvers failed, the person giving the check may require the pilot being checked to repeat any other maneuvers that are necessary to determine the pilot's proficiency. If the pilot being checked is unable to demonstrate satisfactory performance to the person conducting the check, the certificate holder may not use the pilot, nor may the pilot serve, in the capacity for which the pilot is being checked in operations under this part until the pilot has satisfactorily completed the check.
§ 125.295   Check airman authorization: Application and issue.
Each certificate holder desiring FAA approval of a check airman shall submit a request in writing to the responsible Flight Standards office charged with the overall inspection of the certificate holder. The Administrator may issue a letter of authority to each check airman if that airman passes the appropriate oral and flight test. The letter of authority lists the tests and checks in this part that the check airman is qualified to give, and the category, class and type airplane, where appropriate, for which the check airman is qualified.
§ 125.296   Training, testing, and checking conducted by training centers: Special rules.
A crewmember who has successfully completed training, testing, or checking in accordance with an approved training program that meets the requirements of this part and that is conducted in accordance with an approved course conducted by a training center certificated under part 142 of this chapter, is considered to meet applicable requirements of this part.
§ 125.297   Approval of flight simulators and flight training devices.
(a) Flight simulators and flight training devices approved by the Administrator may be used in training, testing, and checking required by this subpart.
(b) Each flight simulator and flight training device that is used in training, testing, and checking required under this subpart must be used in accordance with an approved training course conducted by a training center certificated under part 142 of this chapter, or meet the following requirements:
(1) It must be specifically approved for—
(i) The certificate holder;
(ii) The type airplane and, if applicable, the particular variation within type for which the check is being conducted; and
(iii) The particular maneuver, procedure, or crewmember function involved.
(2) It must maintain the performance, functional, and other characteristics that are required for approval.
(3) It must be modified to conform with any modification to the airplane being simulated that changes the performance, functional, or other characteristics required for approval.
§ 125.311   Flight crewmembers at controls.
(a) Except as provided in paragraph (b) of this section, each required flight crewmember on flight deck duty must remain at the assigned duty station with seat belt fastened while the airplane is taking off or landing and while it is en route.
(b) A required flight crewmember may leave the assigned duty station—
(1) If the crewmember's absence is necessary for the performance of duties in connection with the operation of the airplane;
(2) If the crewmember's absence is in connection with physiological needs; or
(3) If the crewmember is taking a rest period and relief is provided—
(i) In the case of the assigned pilot in command, by a pilot qualified to act as pilot in command.
(ii) In the case of the assigned second in command, by a pilot qualified to act as second in command of that airplane during en route operations. However, the relief pilot need not meet the recent experience requirements of § 125.285.
§ 125.313   Manipulation of controls when carrying passengers.
No pilot in command may allow any person to manipulate the controls of an airplane while carrying passengers during flight, nor may any person manipulate the controls while carrying passengers during flight, unless that person is a qualified pilot of the certificate holder operating that airplane.
§ 125.315   Admission to flight deck.
(a) No person may admit any person to the flight deck of an airplane unless the person being admitted is—
(1) A crewmember;
(2) An FAA inspector or an authorized representative of the National Transportation Safety Board who is performing official duties; or
(3) Any person who has the permission of the pilot in command.
(b) No person may admit any person to the flight deck unless there is a seat available for the use of that person in the passenger compartment, except—
(1) An FAA inspector or an authorized representative of the Administrator or National Transportation Safety Board who is checking or observing flight operations; or
(2) A certificated airman employed by the certificate holder whose duties require an airman certificate.
§ 125.317   Inspector's credentials: Admission to pilots' compartment: Forward observer's seat.
(a) Whenever, in performing the duties of conducting an inspection, an FAA inspector presents an Aviation Safety Inspector credential, FAA Form 110A, to the pilot in command of an airplane operated by the certificate holder, the inspector must be given free and uninterrupted access to the pilot compartment of that airplane. However, this paragraph does not limit the emergency authority of the pilot in command to exclude any person from the pilot compartment in the interest of safety.
(b) A forward observer's seat on the flight deck, or forward passenger seat with headset or speaker, must be provided for use by the Administrator while conducting en route inspections. The suitability of the location of the seat and the headset or speaker for use in conducting en route inspections is determined by the Administrator.
§ 125.319   Emergencies.
(a) In an emergency situation that requires immediate decision and action, the pilot in command may take any action considered necessary under the circumstances. In such a case, the pilot in command may deviate from prescribed operations, procedures and methods, weather minimums, and this chapter, to the extent required in the interests of safety.
(b) In an emergency situation arising during flight that requires immediate decision and action by appropriate management personnel in the case of operations conducted with a flight following service and which is known to them, those personnel 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 they cannot communicate with the pilot, they shall declare an emergency and take any action that they consider necessary under the circumstances.
(c) Whenever emergency authority is exercised, the pilot in command or the appropriate management personnel shall keep the appropriate ground radio station fully informed of the progress of the flight. The person declaring the emergency shall send a written report of any deviation, through the operator's director of operations, to the Administrator within 10 days, exclusive of Saturdays, Sundays, and Federal holidays, after the flight is completed or, in the case of operations outside the United States, upon return to the home base.
§ 125.321   Reporting potentially hazardous meteorological conditions and irregularities of ground and navigation facilities.
Whenever the pilot in command encounters a meteorological condition or an irregularity in a ground facility or navigation aid in flight, the knowledge of which the pilot in command considers essential to the safety of other flights, the pilot in command shall notify an appropriate ground station as soon as practicable.
§ 125.323   Reporting mechanical irregularities.
The pilot in command shall ensure that all mechanical irregularities occurring during flight are entered in the maintenance log of the airplane at the next place of landing. Before each flight, the pilot in command shall ascertain the status of each irregularity entered in the log at the end of the preceding flight.
§ 125.325   Instrument approach procedures and IFR landing minimums.
Except as specified in § 91.176 of this chapter, no person may make an instrument approach at an airport except in accordance with IFR weather minimums and unless the type of instrument approach procedure to be used is listed in the certificate holder's operations specifications.
§ 125.327   Briefing of passengers before flight.
(a) Before each takeoff, each pilot in command of an airplane carrying passengers shall ensure that all passengers have been orally briefed on—
(1) Smoking. Each passenger shall be briefed on when, where, and under what conditions smoking is prohibited. This briefing shall include a statement that the Federal Aviation Regulations require passenger compliance with the lighted passenger information signs, posted placards, areas designated for safety purposes as no smoking areas, and crewmember instructions with regard to these items.
(2) The use of safety belts, including instructions on how to fasten and unfasten the safety belts. Each passenger shall be briefed on when, where, and under what conditions the safety belt must be fastened about him or her. This briefing shall include a statement that the Federal Aviation Regulations require passenger compliance with lighted passenger information signs and crewmember instructions concerning the use of safety belts.
(3) The placement of seat backs in an upright position before takeoff and landing;
(4) Location and means for opening the passenger entry door and emergency exits;
(5) Location of survival equipment;
(6) If the flight involves extended overwater operation, ditching procedures and the use of required flotation equipment;
(7) If the flight involves operations above 12,000 feet MSL, the normal and emergency use of oxygen; and
(8) Location and operation of fire extinguishers.
(b) Before each takeoff, the pilot in command shall ensure that each person who may need the assistance of another person to move expeditiously to an exit if an emergency occurs and that person's attendant, if any, has received a briefing as to the procedures to be followed if an evacuation occurs. This paragraph does not apply to a person who has been given a briefing before a previous leg of a flight in the same airplane.
(c) The oral briefing required by paragraph (a) of this section shall be given by the pilot in command or a member of the crew. It shall be supplemented by printed cards for the use of each passenger containing—
(1) A diagram and method of operating the emergency exits; and
(2) Other instructions necessary for the use of emergency equipment on board the airplane.
(d) The certificate holder shall describe in its manual the procedure to be followed in the briefing required by paragraph (a) of this section.
(e) If the airplane does not proceed directly over water after takeoff, no part of the briefing required by paragraph (a)(6) of this section has to be given before takeoff but the briefing required by paragraph (a)(6) must be given before reaching the overwater part of the flight.
§ 125.328   Prohibition on crew interference.
No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember's duties aboard an aircraft being operated under this part.
§ 125.329   Minimum altitudes for use of autopilot.
(a) Definitions. For purpose of this section—
(1) Altitudes for takeoff/initial climb and go-around/missed approach are defined as above the airport elevation.
(2) Altitudes for enroute operations are defined as above terrain elevation.
(3) Altitudes for approach are defined as above the touchdown zone elevation (TDZE), unless the altitude is specifically in reference to DA (H) or MDA, in which case the altitude is defined by reference to the DA(H) or MDA itself.
(b) Takeoff and initial climb. No person may use an autopilot for takeoff or initial climb below the higher of 500 feet or an altitude that is no lower than twice the altitude loss specified in the Airplane Flight Manual (AFM), except as follows—
(1) At a minimum engagement altitude specified in the AFM; or
(2) At an altitude specified by the Administrator, whichever is greater.
(c) Enroute. No person may use an autopilot enroute, including climb and descent, below the following—
(1) 500 feet;
(2) At an altitude that is no lower than twice the altitude loss specified in the AFM for an autopilot malfunction in cruise conditions; or
(3) At an altitude specified by the Administrator, whichever is greater.
(d) Approach. No person may use an autopilot at an altitude lower than 50 feet below the DA(H) or MDA for the instrument procedure being flown, except as follows—
(1) For autopilots with an AFM specified altitude loss for approach operations—
(i) An altitude no lower than twice the specified altitude loss if higher than 50 feet below the MDA or DA(H);
(ii) An altitude no lower than 50 feet higher than the altitude loss specified in the AFM, when the following conditions are met—
(A) Reported weather conditions are less than the basic VFR weather conditions in § 91.155 of this chapter;
(B) Suitable visual references specified in § 91.175 of this chapter have been established on the instrument approach procedure; and
(C) The autopilot is coupled and receiving both lateral and vertical path references;
(iii) An altitude no lower than the higher of the altitude loss specified in the AFM or 50 feet above the TDZE, when the following conditions are met—
(A) Reported weather conditions are equal to or better than the basic VFR weather conditions in § 91.155 of this chapter; and
(B) The autopilot is coupled and receiving both lateral and vertical path references; or
(iv) A greater altitude specified by the Administrator.
(2) For autopilots with AFM specified approach altitude limitations, the greater of—
(i) The minimum use altitude specified for the coupled approach mode selected;
(ii) 50 feet; or
(iii) An altitude specified by Administrator.
(3) For autopilots with an AFM specified negligible or zero altitude loss for an autopilot approach mode malfunction, the greater of—
(i) 50 feet; or
(ii) An altitude specified by Administrator.
(4) If executing an autopilot coupled go-around or missed approach using a certificated and functioning autopilot in accordance with paragraph (e) in this section.
(e) Go-Around/Missed Approach. No person may engage an autopilot during a go-around or missed approach below the minimum engagement altitude specified for takeoff and initial climb in paragraph (b) in this section. An autopilot minimum use altitude does not apply to a go-around/missed approach initiated with an engaged autopilot. Performing a go-around or missed approach with an engaged autopilot must not adversely affect safe obstacle clearance.
(f) Landing. Notwithstanding paragraph (d) of this section, autopilot minimum use altitudes do not apply to autopilot operations when an approved automatic landing system mode is being used for landing. Automatic landing systems must be authorized in an operations specification issued to the operator.
§ 125.331   Carriage of persons without compliance with the passenger-carrying provisions of this part.
The following persons may be carried aboard an airplane without complying with the passenger-carrying requirements of this part:
(a) A crewmember.
(b) A person necessary for the safe handling of animals on the airplane.
(c) A person necessary for the safe handling of hazardous materials (as defined in subchapter C of title 49 CFR).
(d) A person performing duty as a security or honor guard accompanying a shipment made by or under the authority of the U.S. Government.
(e) A military courier or a military route supervisor carried by a military cargo contract operator if that carriage is specifically authorized by the appropriate military service.
(f) An authorized representative of the Administrator conducting an en route inspection.
(g) A person authorized by the Administrator.
§ 125.333   Stowage of food, beverage, and passenger service equipment during airplane movement on the surface, takeoff, and landing.
(a) No certificate holder may move an airplane on the surface, take off, or land when any food, beverage, or tableware furnished by the certificate holder is located at any passenger seat.
(b) No certificate holder may move an airplane on the surface, take off, or land unless each food and beverage tray and seat back tray table is secured in its stowed position.
(c) No certificate holder may permit an airplane to move on the surface, take off, or land unless each passenger serving cart is secured in its stowed position.
(d) Each passenger shall comply with instructions given by a crewmember with regard to compliance with this section.
§ 125.351   Flight release authority.
(a) No person may start a flight without authority from the person authorized by the certificate holder to exercise operational control over the flight.
(b) No person may start a flight unless the pilot in command or the person authorized by the cetificate holder to exercise operational control over the flight has executed a flight release setting forth the conditions under which the flight will be conducted. The pilot in command may sign the flight release only when both the pilot in command and the person authorized to exercise operational control believe the flight can be made safely, unless the pilot in command is authorized by the certificate holder to exercise operational control and execute the flight release without the approval of any other person.
(c) No person may continue a flight from an intermediate airport without a new flight release if the airplane has been on the ground more than 6 hours.
§ 125.353   Facilities and services.
During a flight, the pilot in command shall obtain any additional available information of meteorological conditions and irregularities of facilities and services that may affect the safety of the flight.
§ 125.355   Airplane equipment.
No person may release an airplane unless it is airworthy and is equipped as prescribed.
§ 125.357   Communication and navigation facilities.
No person may release an airplane over any route or route segment unless communication and navigation facilities equal to those required by § 125.51 are in satisfactory operating condition.
§ 125.359   Flight release under VFR.
No person may release an airplane for VFR operation unless the ceiling and visibility en route, as indicated by available weather reports or forecasts, or any combination thereof, are and will remain at or above applicable VFR minimums until the airplane arrives at the airport or airports specified in the flight release.
§ 125.361   Flight release under IFR or over-the-top.
Except as provided in § 125.363, no person may release an airplane for operations under IFR or over-the-top unless appropriate weather reports or forecasts, or any combination thereof, indicate that the weather conditions will be at or above the authorized minimums at the estimated time of arrival at the airport or airports to which released.
§ 125.363   Flight release over water.
(a) No person may release an airplane for a flight that involves extended overwater operation unless appropriate weather reports or forecasts, or any combination thereof, indicate that the weather conditions will be at or above the authorized minimums at the estimated time of arrival at any airport to which released or to any required alternate airport.
(b) Each certificate holder shall conduct extended overwater operations under IFR unless it shows that operating under IFR is not necessary for safety.
(c) Each certificate holder shall conduct other overwater operations under IFR if the Administrator determines that operation under IFR is necessary for safety.
(d) Each authorization to conduct extended overwater operations under VFR and each requirement to conduct other overwater operations under IFR will be specified in the operations specifications.
§ 125.365   Alternate airport for departure.
(a) If the weather conditions at the airport of takeoff are below the landing minimums in the certificate holder's operations specifications for that airport, no person may release an airplane from that airport unless the flight release specifies an alternate airport located within the following distances from the airport of takeoff:
(1) Airplanes having two engines. Not more than 1 hour from the departure airport at normal cruising speed in still air with one engine inoperative.
(2) Airplanes having three or more engines. Not more than 2 hours from the departure airport at normal cruising speed in still air with one engine inoperative.
(b) For the purposes of paragraph (a) of this section, the alternate airport weather conditions must meet the requirements of the certificate holder's operations specifications.
(c) No person may release an airplane from an airport unless that person lists each required alternate airport in the flight release.
§ 125.367   Alternate airport for destination: IFR or over-the-top.
(a) Except as provided in paragraph (b) of this section, each person releasing an airplane for operation under IFR or over-the-top shall list at least one alternate airport for each destination airport in the flight release.
(b) An alternate airport need not be designated for IFR or over-the-top operations where the airplane carries enough fuel to meet the requirements of §§ 125.375 and 125.377 for flights outside the 48 conterminous States and the District of Columbia over routes without an available alternate airport for a particular airport of destination.
(c) For the purposes of paragraph (a) of this section, the weather requirements at the alternate airport must meet the requirements of the operator's operations specifications.
(d) No person may release a flight unless that person lists each required alternate airport in the flight release.
§ 125.369   Alternate airport weather minimums.
No person may list an airport as an alternate airport in the flight release unless the appropriate weather reports or forecasts, or any combination thereof, indicate that the weather conditions will be at or above the alternate weather minimums specified in the certificate holder's operations specifications for that airport when the flight arrives.
§ 125.371   Continuing flight in unsafe conditions.
(a) No pilot in command may allow a flight to continue toward any airport to which it has been released if, in the opinion of the pilot in command, the flight cannot be completed safely, unless, in the opinion of the pilot in command, there is no safer procedure. In that event, continuation toward that airport is an emergency situation.
§ 125.373   Original flight release or amendment of flight release.
(a) A certificate holder may specify any airport authorized for the type of airplane as a destination for the purpose of original release.
(b) No person may allow a flight to continue to an airport to which it has been released unless the weather conditions at an alternate airport that was specified in the flight release are forecast to be at or above the alternate minimums specified in the operations specifications for that airport at the time the airplane would arrive at the alternate airport. However, the flight release may be amended en route to include any alternate airport that is within the fuel range of the airplane as specified in § 125.375 or § 125.377.
(c) No person may change an original destination or alternate airport that is specified in the original flight release to another airport while the airplane is en route unless the other airport is authorized for that type of airplane.
(d) Each person who amends a flight release en route shall record that amendment.
§ 125.375   Fuel supply: Nonturbine and turbopropeller-powered airplanes.
(a) Except as provided in paragraph (b) of this section, no person may release for flight or take off a nonturbine or turbopropeller-powered airplane unless, considering the wind and other weather conditions expected, it has enough fuel—
(1) To fly to and land at the airport to which it is released;
(2) Thereafter, to fly to and land at the most distant alternate airport specified in the flight release; and
(3) Thereafter, to fly for 45 minutes at normal crusing fuel consumption.
(b) If the airplane is released for any flight other than from one point in the conterminous United States to another point in the conterminous United States, it must carry enough fuel to meet the requirements of paragraphs (a) (1) and (2) of this section and thereafter fly for 30 minutes plus 15 percent of the total time required to fly at normal cruising fuel consumption to the airports specified in paragraphs (a) (1) and (2) of this section, or fly for 90 minutes at normal cruising fuel consumption, whichever is less.
(c) No person may release a nonturbine or turbopropeller-powered airplane to an airport for which an alternate is not specified under § 125.367(b) unless it has enough fuel, considering wind and other weather conditions expected, to fly to that airport and thereafter to fly for 3 hours at normal cruising fuel consumption.
§ 125.377   Fuel supply: Turbine-engine-powered airplanes other than turbopropeller.
(a) Except as provided in paragraph (b) of this section, no person may release for flight or takeoff a turbine-powered airplane (other than a turbopropeller-powered airplane) unless, considering the wind and other weather conditions expected, it has enough fuel—
(1) To fly to and land at the airport to which it is released;
(2) Thereafter, to fly to and land at the most distant alternate airport specified in the flight release; and
(3) Thereafter, to fly for 45 minutes at normal cruising fuel consumption.
(b) For any operation outside the 48 conterminous United States and the District of Columbia, unless authorized by the Administrator in the operations specifications, no person may release for flight or take off a turbine-engine powered airplane (other than a turbopropeller-powered airplane) unless, considering wind and other weather conditions expected, it has enough fuel—
(1) To fly and land at the airport to which it is released;
(2) After that, to fly for a period of 10 percent of the total time required to fly from the airport of departure and land at the airport to which it was released;
(3) After that, to fly to and land at the most distant alternate airport specified in the flight release, if an alternate is required; and
(4) After that, to fly for 30 minutes at holding speed at 1,500 feet above the alternate airport (or the destination airport if no alternate is required) under standard temperature conditions.
(c) No person may release a turbine-engine-powered airplane (other than a turbopropeller airplane) to an airport for which an alternate is not specified under § 125.367(b) unless it has enough fuel, considering wind and other weather conditions expected, to fly to that airport and thereafter to fly for at least 2 hours at normal cruising fuel consumption.
(d) The Administrator may amend the operations specifications of a certificate holder to require more fuel than any of the minimums stated in paragraph (a) or (b) of this section if the Administrator finds that additional fuel is necessary on a particular route in the interest of safety.
§ 125.379   Landing weather minimums: IFR.
(a) If the pilot in command of an airplane has not served 100 hours as pilot in command in the type of airplane being operated, the MDA or DA/DH and visibility landing minimums in the certificate holder's operations specification are increased by 100 feet and one-half mile (or the RVR equivalent). The MDA or DA/DH and visibility minimums need not be increased above those applicable to the airport when used as an alternate airport, but in no event may the landing minimums be less than a 300-foot ceiling and 1 mile of visibility.
(b) The 100 hours of pilot-in-command experience required by paragraph (a) may be reduced (not to exceed 50 percent) by substituting one landing in operations under this part in the type of airplane for 1 required hour of pilot-in-command experience if the pilot has at least 100 hours as pilot in command of another type airplane in operations under this part.
(c) Category II minimums, when authorized in the certificate holder's operations specifications, do not apply until the pilot in command subject to paragraph (a) of this section meets the requirements of that paragraph in the type of airplane the pilot is operating.
§ 125.381   Takeoff and landing weather minimums: IFR.
(a) Regardless of any clearance from ATC, if the reported weather conditions are less than that specified in the certificate holder's operations specifications, no pilot may—
(1) Take off an airplane under IFR; or
(2) Except as provided in paragraphs (c) and (d) of this section, land an airplane under IFR.
(b) Except as provided in paragraphs (c) and (d) of this section, no pilot may execute an instrument approach procedure if the latest reported visibility is less than the landing minimums specified in the certificate holder's operations specifications.
(c) A pilot who initiates an instrument approach procedure based on a weather report that indicates that the specified visibility minimums exist and subsequently receives another weather report that indicates that conditions are below the minimum requirements, may continue the approach only if either the requirements of § 91.176 of this chapter, or the following conditions are met—
(1) The later weather report is received when the airplane is in one of the following approach phases:
(i) The airplane is on a ILS approach and has passed the final approach fix;
(ii) The airplane is on an ASR or PAR final approach and has been turned over to the final approach controller; or
(iii) The airplane is on a nonprecision final approach and the airplane—
(A) Has passed the appropriate facility or final approach fix; or
(B) Where a final approach fix is not specified, has completed the procedure turn and is established inbound toward the airport on the final approach course within the distance prescribed in the procedure; and
(2) The pilot in command finds, on reaching the authorized MDA, or DA/DH, that the actual weather conditions are at or above the minimums prescribed for the procedure being used.
(d) A pilot may execute an instrument approach procedure, or continue the approach, at an airport when the visibility is reported to be less than the visibility minimums prescribed for that procedure if the pilot uses an operable EFVS in accordance with § 91.176 of this chapter and the certificate holder's operations specifications for EFVS operations, or for a holder of a part 125 letter of deviation authority, a letter of authorization for the use of EFVS.
§ 125.383   Load manifest.
(a) Each certificate holder is responsible for the preparation and accuracy of a load manifest in duplicate containing information concerning the loading of the airplane. The manifest must be prepared before each takeoff and must include—
(1) The number of passengers;
(2) The total weight of the loaded airplane;
(3) The maximum allowable takeoff and landing weights for that flight;
(4) The center of gravity limits;
(5) The center of gravity of the loaded airplane, except that the actual center of gravity need not be computed if the airplane is loaded according to a loading schedule or other approved method that ensures that the center of gravity of the loaded airplane is within approved limits. In those cases, an entry shall be made on the manifest indicating that the center of gravity is within limits according to a loading schedule or other approved method:
(6) The registration number of the airplane;
(7) The origin and destination ; and
(8) Names of passengers.
(b) The pilot in command of an airplane for which a load manifest must be prepared shall carry a copy of the completed load manifest in the airplane to its destination. The certificate holder shall keep copies of completed load manifests for at least 30 days at its principal operations base, or at another location used by it and approved by the Administrator.
§ 125.401   Crewmember record.
(a) Each certificate holder shall—
(1) Maintain current records of each crewmember that show whether or not that crewmember complies with this chapter (e.g., proficiency checks, airplane qualifications, any required physical examinations, and flight time records); and
(2) Record each action taken concerning the release from employment or physical or professional disqualification of any flight crewmember and keep the record for at least 6 months thereafter.
(b) Each certificate holder shall maintain the records required by paragraph (a) of this section at its principal operations base, or at another location used by it and approved by the Administrator.
(c) Computer record systems approved by the Administrator may be used in complying with the requirements of paragraph (a) of this section.
§ 125.403   Flight release form.
(a) The flight release may be in any form but must contain at least the following information concerning each flight:
(1) Company or organization name.
(2) Make, model, and registration number of the airplane being used.
(3) Date of flight.
(4) Name and duty assignment of each crewmember.
(5) Departure airport, destination airports, alternate airports, and route.
(6) Minimum fuel supply (in gallons or pounds).
(7) A statement of the type of operation (e.g., IFR, VFR).
(b) The airplane flight release must contain, or have attached to it, weather reports, available weather forecasts, or a combination thereof.
§ 125.405   Disposition of load manifest, flight release, and flight plans.
(a) The pilot in command of an airplane shall carry in the airplane to its destination the original or a signed copy of the—
(1) Load manifest required by § 125.383;
(2) Flight release;
(3) Airworthiness release; and
(4) Flight plan, including route.
(b) If a flight originates at the principal operations base of the certificate holder, it shall retain at that base a signed copy of each document listed in paragraph (a) of this section.
(c) Except as provided in paragraph (d) of this section, if a flight originates at a place other than the principal operations base of the certificate holder, the pilot in command (or another person not aboard the airplane who is authorized by the operator) shall, before or immediately after departure of the flight, mail signed copies of the documents listed in paragraph (a) of this section to the principal operations base.
(d) If a flight originates at a place other than the principal operations base of the certificate holder and there is at that place a person to manage the flight departure for the operator who does not depart on the airplane, signed copies of the documents listed in paragraph (a) of this section may be retained at that place for not more than 30 days before being sent to the principal operations base of the certificate holder. However, the documents for a particular flight need not be further retained at that place or be sent to the principal operations base, if the originals or other copies of them have been previously returned to the principal operations base.
(e) The certificate holder shall:
(1) Identify in its operations manual the person having custody of the copies of documents retained in accordance with paragraph (d) of this section; and
(2) Retain at its principal operations base either the original or a copy of the records required by this section for at least 30 days.
§ 125.407   Maintenance log: Airplanes.
(a) Each person who takes corrective action or defers action concerning a reported or observed failure or malfunction of an airframe, aircraft engine, propeller, or appliance shall record the action taken in the airplane maintenance log in accordance with part 43 of this chapter.
(b) Each certificate holder shall establish a procedure for keeping copies of the airplane maintenance log required by this section in the airplane for access by appropriate personnel and shall include that procedure in the manual required by § 125.249.
§ 125.409   Service difficulty reports.
(a) Each certificate holder shall report the occurrence or detection of each failure, malfunction, or defect, in a form and manner prescribed by the Administrator.
(b) Each certificate holder shall submit each report required by this section, covering each 24-hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day, to the FAA office in Oklahoma City, Oklahoma. Each report of occurrences during a 24-hour period shall be submitted to the collection point within the next 96 hours. However, a report due on Saturday or Sunday may be submitted on the following Monday, and a report due on a holiday may be submitted on the next work day.
§ 125.411   Airworthiness release or maintenance record entry.
(a) No certificate holder may operate an airplane after maintenance, preventive maintenance, or alteration is performed on the airplane unless the person performing that maintenance, preventive maintenance, or alteration prepares or causes to be prepared—
(1) An airworthiness release; or
(2) An entry in the aircraft maintenance records in accordance with the certificate holder's manual.
(b) The airworthiness release or maintenance record entry required by paragraph (a) of this section must—
(1) Be prepared in accordance with the procedures set forth in the certificate holder's manual;
(2) Include a certification that—
(i) The work was performed in accordance with the requirements of the certificate holder's manual;
(ii) All items required to be inspected were inspected by an authorized person who determined that the work was satisfactorily completed;
(iii) No known condition exists that would make the airplane unairworthy; and
(iv) So far as the work performed is concerned, the airplane is in condition for safe operation; and
(3) Be signed by a person authorized in part 43 of this chapter to perform maintenance, preventive maintenance, and alteration.
(c) When an airworthiness release form is prepared, the certificate holder must give a copy to the pilot in command and keep a record of it for at least 60 days.
(d) Instead of restating each of the conditions of the certification required by paragraph (b) of this section, the certificate holder may state in its manual that the signature of a person authorized in part 43 of this chapter constitutes that certification.
§ 125.501   Purpose and definition.
(a) This subpart requires operators to support the continued airworthiness of each airplane. These requirements may include, but are not limited to, revising the inspection program, incorporating design changes, and incorporating revisions to Instructions for Continued Airworthiness.
(b) [Reserved]
§ 125.503   [Reserved]
§ 125.505   Repairs assessment for pressurized fuselages.
(a) No person may operate an Airbus Model A300 (excluding the -600 series), British Aerospace Model BAC 1-11, Boeing Model 707, 720, 727, 737 or 747, McDonnell Douglas Model DC-8, DC-9/MD-80 or DC-10, Fokker Model F28, or Lockheed Model L-1011 beyond the applicable flight cycle implementation time specified below, or May 25, 2001, whichever occurs later, unless operations specifications have been issued to reference repair assessment guidelines applicable to the fuselage pressure boundary (fuselage skin, door skin, and bulkhead webs), and those guidelines are incorporated in its maintenance program. The repair assessment guidelines must be approved by the responsible Aircraft Certification Service office for the type certificate for the affected airplane.
(1) For the Airbus Model A300 (excluding the -600 series), the flight cycle implementation time is:
(i) Model B2: 36,000 flights.
(ii) Model B4-100 (including Model B4-2C): 30,000 flights above the window line, and 36,000 flights below the window line.
(iii) Model B4-200: 25,500 flights above the window line, and 34,000 flights below the window line.
(2) For all models of the British Aerospace BAC 1-11, the flight cycle implementation time is 60,000 flights.
(3) For all models of the Boeing 707, the flight cycle implementation time is 15,000 flights.
(4) For all models of the Boeing 720, the flight cycle implementation time is 23,000 flights.
(5) For all models of the Boeing 727, the flight cycle implementation time is 45,000 flights.
(6) For all models of the Boeing 737, the flight cycle implementation time is 60,000 flights.
(7) For all models of the Boeing 747, the flight cycle implementation time is 15,000 flights.
(8) For all models of the McDonnell Douglas DC-8, the flight cycle implementation time is 30,000 flights.
(9) For all models of the McDonnell Douglas DC-9/MD-80, the flight cycle implementation time is 60,000 flights.
(10) For all models of the McDonnell Douglas DC-10, the flight cycle implementation time is 30,000 flights.
(11) For all models of the Lockheed L-1011, the flight cycle implementation time is 27,000 flights.
(12) For the Fokker F-28 Mark, 1000, 2000, 3000, and 4000, the flight cycle implementation time is 60,000 flights.
(b) [Reserved]
§ 125.507   Fuel tank system inspection program.
(a) Except as provided in paragraph (g) of this section, this section applies to transport category, turbine-powered airplanes with a type certificate issued after January 1, 1958, that, as a result of original type certification or later increase in capacity, have—
(1) A maximum type-certificated passenger capacity of 30 or more, or
(2) A maximum payload capacity of 7500 pounds or more.
(b) For each airplane on which an auxiliary fuel tank is installed under a field approval, before June 16, 2008, the certificate holder must submit to the responsible Aircraft Certification Service office proposed maintenance instructions for the tank that meet the requirements of Special Federal Aviation Regulation No. 88 (SFAR 88) of this chapter.
(c) After December 16, 2008, no certificate holder may operate an airplane identified in paragraph (a) of this section unless the inspection program for that airplane has been revised to include applicable inspections, procedures, and limitations for fuel tank systems.
(d) The proposed fuel tank system inspection program revisions must be based on fuel tank system Instructions for Continued Airworthiness (ICA) that have been developed in accordance with the applicable provisions of SFAR 88 of this chapter or § 25.1529 and part 25, Appendix H, of this chapter, in effect on June 6, 2001 (including those developed for auxiliary fuel tanks, if any, installed under supplemental type certificates or other design approval) and that have been approved by the responsible Aircraft Certification Service office.
(e) After December 16, 2008, before returning an aircraft to service after any alteration for which fuel tank ICA are developed under SFAR 88, or under § 25.1529 in effect on June 6, 2001, the certificate holder must include in the inspection program for the airplane inspections and procedures for the fuel tank system based on those ICA.
(f) The fuel tank system inspection program changes identified in paragraphs (d) and (e) of this section and any later fuel tank system revisions must be submitted to the Principal Inspector for review and approval.
(g) This section does not apply to the following airplane models:
(1) Bombardier CL-44
(2) Concorde
(3) deHavilland D.H. 106 Comet 4C
(4) VFW-Vereinigte Flugtechnische Werk VFW-614
(5) Illyushin Aviation IL 96T
(6) Bristol Aircraft Britannia 305
(7) Handley Page Herald Type 300
(8) Avions Marcel Dassault—Breguet Aviation Mercure 100C
(9) Airbus Caravelle
(10) Lockheed L-300
§ 125.509   Flammability reduction means.
(a) Applicability. Except as provided in paragraph (m) of this section, this section applies to transport category, turbine-powered airplanes with a type certificate issued after January 1, 1958, that, as a result of original type certification or later increase in capacity have:
(1) A maximum type-certificated passenger capacity of 30 or more, or
(2) A maximum payload capacity of 7,500 pounds or more.
(b) New Production Airplanes. Except in accordance with § 125.201, no person may operate an airplane identified in Table 1 of this section (including all-cargo airplanes) for which the State of Manufacture issued the original certificate of airworthiness or export airworthiness approval after December 27, 2010 unless an Ignition Mitigation Means (IMM) or Flammability Reduction Means (FRM) meeting the requirements of § 26.33 of this chapter is operational.
Table 1
(c) Auxiliary Fuel Tanks. After the applicable date stated in paragraph (e) of this section, no person may operate any airplane subject to § 26.33 of this chapter that has an Auxiliary Fuel Tank installed pursuant to a field approval, unless the following requirements are met:
(1) The person complies with 14 CFR 26.35 by the applicable date stated in that section.
(2) The person installs Flammability Impact Mitigation Means (FIMM), if applicable, that is approved by the responsible Aircraft Certification Service office.
(3) Except in accordance with § 125.201, the FIMM, if applicable, are operational.
(d) Retrofit. Except as provided in paragraph (j) of this section, after the dates specified in paragraph (e) of this section, no person may operate an airplane to which this section applies unless the requirements of paragraphs (d)(1) and (d)(2) of this section are met.
(1) Ignition Mitigation Means (IMM), Flammability Reduction Means (FRM), or FIMM, if required by §§ 26.33, 26.35, or 26.37 of this chapter, that are approved by the responsible Aircraft Certification Service office, are installed within the compliance times specified in paragraph (e) of this section.
(2) Except in accordance with § 125.201 of this part, the IMM, FRM or FIMM, as applicable, are operational.
(e) Compliance Times. The installations required by paragraph (d) of this section must be accomplished no later than the applicable dates specified in paragraph (e)(1), (e)(2) or (e)(3) of this section.
(1) Fifty percent of each person's fleet of airplanes subject to paragraph (d)(1) of this section must be modified no later than December 26, 2014.
(2) One hundred percent of each person's fleet of airplanes subject to paragraph (d)(1) of this section must be modified no later than December 26, 2017.
(3) For those persons that have only one airplane of a model identified in Table 1 of this section, the airplane must be modified no later than December 26, 2017.
(f) Compliance after Installation. Except in accordance with § 125.201, no person may—
(1) Operate an airplane on which IMM or FRM has been installed before the dates specified in paragraph (e) of this section unless the IMM or FRM is operational, or
(2) Deactivate or remove an IMM or FRM once installed unless it is replaced by a means that complies with paragraph (d) of this section.
(g) Inspection Program Revisions. No person may operate an airplane for which airworthiness limitations have been approved by the responsible Aircraft Certification Service office in accordance with §§ 26.33, 26.35, or 26.37 of this chapter after the airplane is modified in accordance with paragraph (d) of this section unless the inspection program for that airplane is revised to include those applicable airworthiness limitations.
(h) After the inspection program is revised as required by paragraph (g) of this section, before returning an airplane to service after any alteration for which airworthiness limitations are required by §§ 25.981, 26.33, 26.35, or 26.37 of this chapter, the person must revise the inspection program for the airplane to include those airworthiness limitations.
(i) The inspection program changes identified in paragraphs (g) and (h) of this section must be submitted to the operator's assigned Flight Standards office responsible for review and approval prior to incorporation.
(j) The requirements of paragraph (d) of this section do not apply to airplanes operated in all-cargo service, but those airplanes are subject to paragraph (f) of this section.
(k) After the date by which any person is required by this section to modify 100 percent of the affected fleet, no person may operate in passenger service any airplane model specified in Table 2 of this section unless the airplane has been modified to comply with § 26.33(c) of this chapter.
Table 2
(l) No person may operate any airplane on which an auxiliary fuel tank is installed after December 26, 2017 unless the FAA has certified the tank as compliant with § 25.981 of this chapter, in effect on December 26, 2008.
(m) Exclusions. The requirements of this section do not apply to the following airplane models:
(1) Convair CV-240, 340, 440, including turbine powered conversions.
(2) Lockheed L-188 Electra.
(3) Vickers VC-10.
(4) Douglas DC-3, including turbine powered conversions.
(5) Bombardier CL-44.
(6) Mitsubishi YS-11.
(7) BAC 1-11.
(8) Concorde.
(9) deHavilland D.H. 106 Comet 4C.
(10) VFW—Vereinigte Flugtechnische VFW-614.
(11) Illyushin Aviation IL 96T.
(12) Bristol Aircraft Britannia 305.
(13) Handley Page Herald Type 300.
(14) Avions Marcel Dassault—Breguet Aviation Mercure 100C.
(15) Airbus Caravelle.
(16) Fokker F-27/Fairchild Hiller FH-227.
(17) Lockheed L-300.