# RECOMMENDATION DOCUMENT

Number: Applicability 3 Docket 58, 76.1, 78

Issue: Where does Part 125 general aviation opera tions (no compensation and no holding out, no

exceptions, no deviations) go in toda y’s regulatory environment?

Discussion : The recommendations for this change ar e included in separate files titled:

- APP-03F 91 Subpart F

- APP-03F 125 Regulations with Changes for 91 Subpart F

Any questions regarding this document should be directed to Doug Carr, Vice President, National

Business Aviation Association

Recommendation :

• For Part 91 Subpart F (Private only operations of what is currently Part 125 operations – i.e.,

John Travolta):

o No compensation or hire; reim bursement allowed under 14 CFR 91.

o Rules for 14 CFR 91.501 apply.

o Requires amendment of 91 Subpart F to increase the safety regulations.

Steering Committee Review : Steering Committee Approved.

Final Action : APPROVED WITH FULL CONSENSUS.

Notes:Subpart F

‐‐ Large and Turbine

‐ Powered Multiengine Airplanes

Source: Docket No. 18334, 54 FR 34314, Aug. 18, 1989, unless otherwise noted.

§91.501 Applicability.

(a) This subpart prescribes operating rules, in addition to those prescribed in other

subparts of this part, governing the operation of large and of turbojet

‐ powered multiengine

civil airplanes of U.S. registry. The operating rules in this subpart do not apply to those

airplanes when they are required to be operated under parts 121, 125, 129, 135, and 137 of

this chapter. (Section 91.409 prescribes an inspection program for large and for turbine

‐ powered (turbojet and turboprop) multiengine airplanes of U.S. registry when they are

operated under this part or part 129 or 137.)

(b) Operations that may be conducted under the rules in this subpart instead of those in

parts 121, 129, 135, and 137 of this chapter when common carriage is not involved, include

‐

‐

(1) Ferry or training flights;

(2) Aerial work operations such as aerial photography or survey, or pipeline patrol, but not

including fire fighting operations;

(3) Flights for the demonstration of an airplane to prospective customers when no charge is

made except for those specified in paragraph (d) of this section;

(4) Flights conducted by the operator of an airplane for his personal transportation, or the

transportation of his guests when no charge, assessment, or fee is made for the

transportation;

(5) Carriage of officials, employees, guests, and property of a company on an airplane

operated by that company, or the parent or a subsidiary of the company or a subsidiary of

the parent, when the carriage is within the scope of, and incidental to, the business of the

company (other than transportation by air) and no charge, assessment or fee is made for

the carriage in excess of the cost of owning, operating, and maintaining the airplane, except

that no charge of any kind may be made for the carriage of a guest of a company, when the

carriage is not within the scope of, and incidental to, the business of that company;

(6) The carriage of company officials, employees, and guests of the company on an airplane

operated under a time sharing, interchange, or joint ownership agreement as defined in

paragraph (c) of this section;

(7) The carriage of property (other than mail) on an airplane operated by a person in the

furtherance of a business or employment (other than transportation by air) when the

carriage is within the scope of, and incidental to, that business or employment and no

charge, assessment, or fee is made for the carriage other than those specified in paragraph

(d) of this section;

(8) The carriage on an airplane of an athletic team, sports group, choral group, or similar

group having a common purpose or objective when there is no charge, assessment, or fee

of any kind made by any person for that carriage; and Formatted: Right: 216 pt(9) The carriage of persons on an airplane operated by a person in the furtherance of a

business other than transportation by air for the purpose of selling them land, goods, or

property, including franchises or distributorships, when the carriage is within the scope of,

and incidental to, that business and no charge, assessment, or fee is made for that carriage.

(c) As used in this section

‐‐

(1) A time sharing agreement means an arrangement whereby a person leases his airplane

with flight crew to another person, and no charge is made for the flights conducted under

that arrangement other than those specified in paragraph (d) of this section;

(2) An interchange agreement means an arrangement whereby a person leases his airplane to

another person in exchange for equal time, when needed, on the other person ʹ s airplane,

and no charge, assessment, or fee is made, except that a charge may be made not to exceed

the difference between the cost of owning, operating, and maintaining the two airplanes;

(3) A joint ownership agreement means an arrangement whereby one of the registered joint

owners of an airplane employs and furnishes the flight crew for that airplane and each of

the registered joint owners pays a share of the charge specified in the agreement.

(d) The following may be charged, as expenses of a specific flight, for transportation as

authorized by paragraphs (b) (3) and (7) and (c)(1) of this section:

(1) Fuel, oil, lubricants, and other additives.

(2) Travel expenses of the crew, including food, lodging, and ground transportation.

(3) Hangar and tie

‐ down costs away from the aircraft ʹ s base of operation.

(4) Insurance obtained for the specific flight.

(5) Landing fees, airport taxes, and similar assessments.

(6) Customs, foreign permit, and similar fees directly related to the flight.

(7) In flight food and beverages.

(8) Passenger ground transportation.

(9) Flight planning and weather contract services.

(10) An additional charge equal to 100 percent of the expenses listed in paragraph (d)(1) of

this section.

§91.503 Flying equipment and operating information.

(a) The pilot in command of an airplane shall ensure that the following flying equipment

and aeronautical charts and data, in current and appropriate form, are accessible for each

flight at the pilot station of the airplane:

(1) A flashlight having at least two size ʺ D ʺ cells, or the equivalent, that is in good working

order.(2) A cockpit checklist containing the procedures required by paragraph (b) of this section.

(3) Pertinent aeronautical charts.

(4) For IFR, VFR over

‐ the

‐ top, or night operations, each pertinent navigational en route,

terminal area, and approach and letdown chart.

(5) In the case of multiengine airplanes, one

‐ engine inoperative climb performance data.

(b) Each cockpit checklist must contain the following procedures and shall be used by the

flight crewmembers when operating the airplane:

(1) Before starting engines.

(2) Before takeoff.

(3) Cruise.

(4) Before landing.

(5) After landing.

(6) Stopping engines.

(7) Emergencies.

(c) Each emergency cockpit checklist procedure required by paragraph (b)(7) 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 procedures necessary for safety.

(d) The equipment, charts, and data prescribed in this section shall be used by the pilot in

command and other members of the flight crew, when pertinent.

§91.505 Familiarity with operating limitations and emergency equipment.

(a) Each pilot in command of an airplane shall, before beginning a flight, become familiar

with the Airplane Flight Manual for that airplane, if one is required, and with any placards,

listings, instrument markings, or any combination thereof, containing each operating

limitation prescribed for that airplane by the Administrator, including those specified in

§91.9(b).

(b) Each required member of the crew shall, before beginning a flight, become familiar with

the emergency equipment installed on the airplane to which that crewmember is assigned

and with the procedures to be followed for the use of that equipment in an emergency

situation.§91.507 Equipment requirements: Over

‐ the

‐ top or night VFR operations.

No person may operate an airplane over

‐ the

‐ top or at night under VFR unless that airplane

is equipped with the instruments and equipment required for IFR operations under

§91.205(d) and one electric landing light for night operations. Each required instrument

and item of equipment must be in operable condition.

§91.509 Survival equipment for overwater operations.

Link to an amendment published at 68 FR 54560, Sept. 17, 2003.

(a) No person may take off an airplane for a flight over water more than 50 nautical miles

from the nearest shore unless that airplane is equipped with a life preserver or an approved

flotation means for each occupant of the airplane.

(b) No person may take off an airplane for a flight over water more than 30 minutes flying

time or 100 nautical miles from the nearest shore unless it has on board the following

survival equipment:

(1) A life preserver, equipped with an approved survivor locator light, for each occupant of

the airplane.

(2) Enough liferafts (each equipped with an approved survival locator light) of a rated

capacity and buoyancy to accommodate the occupants of the airplane.

(3) At least one pyrotechnic signaling device for each liferaft.

(4) One self

‐ buoyant, water

‐ resistant, portable emergency radio signaling device that is

capable of transmission on the appropriate emergency frequency or frequencies and not

dependent upon the airplane power supply.

(5) A lifeline stored in accordance with §25.1411(g) of this chapter.

(c) The required liferafts, life preservers, and signaling devices must be installed in

conspicuously marked locations and easily accessible in the event of a ditching without

appreciable time for preparatory procedures.

(d) A survival kit, appropriately equipped for the route to be flown, must be attached to

each required liferaft.

(e) As used in this section, the term shore means that area of the land adjacent to the water

which is above the high water mark and excludes land areas which are intermittently

under water.

§91.511 Radio equipment for overwater operations.

(a) Except as provided in paragraphs (c), (d), and (f) of this section, no person may take off

an airplane for a flight over water more than 30 minutes flying time or 100 nautical miles

from the nearest shore unless it has at least the following operable equipment:

(1) Radio communication equipment appropriate to the facilities to be used and able to

transmit to, and receive from, any place on the route, at least one surface facility:(i) Two transmitters.

(ii) Two microphones.

(iii) Two headsets or one headset and one speaker.

(iv) Two independent receivers.

(2) Appropriate electronic navigational equipment consisting of at least two independent

electronic navigation units capable of providing the pilot with the information necessary to

navigate the airplane within the airspace assigned by air traffic control. However, a

receiver that can receive both communications and required navigational signals may be

used in place of a separate communications receiver and a separate navigational signal

receiver or unit.

(b) For the purposes of paragraphs (a)(1)(iv) and (a)(2) of this section, a receiver or

electronic navigation unit is independent if the function of any part of it does not depend

on the functioning of any part of another receiver or electronic navigation unit.

(c) Notwithstanding the provisions of paragraph (a) of this section, a person may operate

an airplane on which no passengers are carried from a place where repairs or replacement

cannot be made to a place where they can be made, if not more than one of each of the dual

items of radio communication and navigational equipment specified in paragraphs (a)(1) (i)

through (iv) and (a)(2) of this section malfunctions or becomes inoperative.

(d) Notwithstanding the provisions of paragraph (a) of this section, when both VHF and

HF communications equipment are required for the route and the airplane has two VHF

transmitters and two VHF receivers for communications, only one HF transmitter and one

HF receiver is required for communications.

(e) As used in this section, the term shore means that area of the land adjacent to the water

which is above the high

‐ water mark and excludes land areas which are intermittently

under water.

(f) Notwithstanding the requirements in paragraph (a)(2) of this section, a person may

operate in the Gulf of Mexico, the Caribbean Sea, and the Atlantic Ocean west of a line

which extends from 44°47&min;00&sec; N / 67°00&min;00&sec; W to 39°00&min;00&sec; N

/ 67°00&min;00&sec; W to 38°30&min;00&sec; N / 60°00&min;00&sec; W south along the

60°00&min;00&sec; W longitude line to the point where the line intersects with the

northern coast of South America, when:

(1) A single long

‐ range navigation system is installed, operational, and appropriate for the

route; and

(2) Flight conditions and the aircraft ʹ s capabilities are such that no more than a 30

‐ minute

gap in two

‐ way radio very high frequency communications is expected to exist.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91

‐ 249, 61 FR 7190, Feb.

26, 1996]

§91.513 Emergency equipment.(a) No person may operate an airplane unless it is equipped with the emergency equipment

listed in this section.

(b) Each item of equipment

‐‐

(1) Must be inspected in accordance with §91.409 to ensure its continued serviceability and

immediate readiness for its intended purposes;

(2) Must be readily accessible to the crew;

(3) Must clearly indicate its method of operation; and

(4) When carried in a compartment or container, must have that compartment or container

marked as to contents and date of last inspection.

(c) Hand fire extinguishers must be provided for use in crew, passenger, and cargo

compartments in accordance with the following:

(1) The type and quantity of extinguishing agent must be suitable for the kinds of fires

likely to occur in the compartment where the extinguisher is intended to be used.

(2) At least one hand fire extinguisher must be provided and located on or near the flight

deck in a place that is readily accessible to the flight crew.

(3) At least one hand fire extinguisher must be conveniently located in the passenger

compartment of each airplane accommodating more than six but less than 31 passengers,

and at least two hand fire extinguishers must be conveniently located in the passenger

compartment of each airplane accommodating more than 30 passengers.

(4) Hand fire extinguishers must be installed and secured in such a manner that they will

not interfere with the safe operation of the airplane or adversely affect the safety of the

crew and passengers. They must be readily accessible and, unless the locations of the fire

extinguishers are obvious, their stowage provisions must be properly identified.

(d) First aid kits for treatment of injuries likely to occur in flight or in minor accidents must

be provided.

(e) Each airplane accommodating more than 19 passengers must be equipped with a crash

axe.

(f) 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 but 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 subparagraph if the Administrator finds that a

different location would be more useful for evacuation of persons during an emergency.

(2) On each airplane with a seating capacity of 100 or more passengers, one megaphone

installed at the forward end and one installed at the most rearward location where it would

be readily accessible to a normal flight attendant seat.§91.515 Flight altitude rules.

(a) Notwithstanding §91.119, and except as provided in paragraph (b) of this section, no

person may operate an airplane under VFR at less than

‐‐

(1) One thousand feet above the surface, or 1,000 feet from any mountain, hill, or other

obstruction to flight, for day operations; and

(2) The altitudes prescribed in §91.177, for night operations.

(b) This section does not apply

‐‐

(1) During takeoff or landing;

(2) When a different altitude is authorized by a waiver to this section under subpart J of

this part; or

(3) When a flight is conducted under the special VFR weather minimums of §91.157 with

an appropriate clearance from ATC.

§91.517 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 are visible to passengers and

flight attendants to notify them when smoking is prohibited and when safety belts must be

fastened. The signs must be so constructed that the crew can turn them on and off. They

must be turned on 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) The pilot in command of an airplane that is not required, in accordance with applicable

aircraft and equipment requirements of this chapter, to be equipped as provided in

paragraph (a) of this section shall ensure that the passengers are notified orally each time

that it is necessary to fasten their safety belts and when smoking is prohibited.

(c) If passenger information signs are installed, no passenger or crewmember may smoke

while any ʺ no smoking ʺ sign is lighted nor may any passenger or crewmember smoke in

any lavatory.

(d) Each passenger required by §91.107(a)(3) to occupy a seat or berth shall fasten his or her

safety belt about him or her and keep it fastened while any ʺ fasten seat belt ʺ sign is lighted.

(e) Each passenger shall comply with instructions given him or her by crewmembers

regarding compliance with paragraphs (b), (c), and (d) of this section.

[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]

§91.519 Passenger briefing.

Link to an amendment published at 68 FR 54561, Sept. 17, 2003.(a) Before each takeoff the 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, as appropriate, that the

Federal Aviation Regulations require passenger compliance with lighted passenger

information signs and no smoking placards, prohibit smoking in lavatories, and require

compliance with crewmember instructions with regard to these items;

(2) Use of safety belts and shoulder harnesses. Each passenger shall be briefed on when, where,

and under what conditions it is necessary to have his or her safety belt and, if installed, his

or her shoulder harness fastened about him or her. This briefing shall include a statement,

as appropriate, that Federal Aviation Regulations require passenger compliance with the

lighted passenger sign and/or crewmember instructions with regard to these items;

(3) Location and means for opening the passenger entry door and emergency exits;

(4) Location of survival equipment;

(5) Ditching procedures and the use of flotation equipment required under §91.509 for a

flight over water; and

(6) The normal and emergency use of oxygen equipment installed on the airplane.

(b) The oral briefing required by paragraph (a) of this section shall be given by the pilot in

command or a member of the crew, but need not be given when the pilot in command

determines that the passengers are familiar with the contents of the briefing. It may be

supplemented by printed cards for the use of each passenger containing

‐‐

(1) A diagram of, and methods of operating, the emergency exits; and

(2) Other instructions necessary for use of emergency equipment.

(c) Each card used under paragraph (b) must be carried in convenient locations on the

airplane for the use of each passenger and must contain information that is pertinent only

to the type and model airplane on which it is used.

[Doc. No. 18334, 54 FR 34314, Aug. 18, 1989, as amended by Amdt. 91

‐ 231, 57 FR 42672,

Sept. 15, 1992]

§91.521 Shoulder harness.

(a) No person may operate a transport category airplane that was type certificated after

January 1, 1958, unless it is equipped at each seat at a flight deck station with a combined

safety belt and shoulder harness that meets the applicable requirements specified in

§25.785 of this chapter, except that

‐‐

(1) Shoulder harnesses and combined safety belt and shoulder harnesses that were

approved and installed before March 6, 1980, may continue to be used; and

(2) Safety belt and shoulder harness restraint systems may be designed to the inertia load

factors established under the certification basis of the airplane.(b) No person may operate a transport category airplane unless it is equipped at each

required flight attendant seat in the passenger compartment with a combined safety belt

and shoulder harness that meets the applicable requirements specified in §25.785 of this

chapter, except that

‐‐

(1) Shoulder harnesses and combined safety belt and shoulder harnesses that were

approved and installed before March 6, 1980, may continue to be used; and

(2) Safety belt and shoulder harness restraint systems may be designed to the inertia load

factors established under the certification basis of the airplane.

§91.523 Carry

‐ on baggage.

No pilot in command of an airplane having a seating capacity of more than 19 passengers

may permit a passenger to stow baggage aboard that airplane except

‐‐

(a) In a suitable baggage or cargo storage compartment, or as provided in §91.525; or

(b) Under a passenger seat in such a way that it will not slide forward under crash impacts

severe enough to induce the ultimate inertia forces specified in §25.561(b)(3) of this chapter,

or the requirements of the regulations under which the airplane was type certificated.

Restraining devices must also limit sideward motion of under

‐ seat baggage and be

designed to withstand crash impacts severe enough to induce sideward forces specified in

§25.561(b)(3) of this chapter.

§91.525 Carriage of cargo.

(a) No pilot in command may permit cargo to be carried in any airplane unless

‐‐

(1) It is carried in an approved cargo rack, bin, or compartment installed in the airplane;

(2) It is secured by means approved by the Administrator; or

(3) It is carried in accordance with each of the following:

(i) It is properly secured by a safety belt or other tiedown having enough strength to

eliminate the possibility of shifting under all normally anticipated flight and ground

conditions.

(ii) It is packaged or covered to avoid possible injury to passengers.

(iii) It does not impose any load on seats or on the floor structure that exceeds the load

limitation for those components.

(iv) It is not located in a position that restricts the access to or use of any required

emergency or regular exit, or the use of the aisle between the crew and the passenger

compartment.

(v) It is not carried directly above seated passengers.

(b) 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 mustbe loaded so as to allow a crewmember to effectively reach all parts of the compartment

with the contents of a hand fire extinguisher.

§91.527 Operating in icing conditions.

(a) No pilot may take off an airplane that has

‐‐

(1) Frost, snow, or ice adhering to any propeller, windshield, or powerplant installation or

to an airspeed, altimeter, rate of climb, or flight attitude instrument system;

(2) Snow or ice adhering to the wings or stabilizing or control surfaces; or

(3) Any frost adhering to the wings or stabilizing or control surfaces, unless that frost has

been polished to make it smooth.

(b) Except for an airplane that has ice protection provisions that meet the requirements in

section 34 of Special Federal Aviation Regulation No. 23, or those for transport category

airplane type certification, no pilot may fly

‐‐

(1) Under IFR into known or forecast moderate icing conditions; or

(2) Under VFR into known light or moderate icing conditions unless the aircraft has

functioning de

‐ icing 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.

(c) Except for an airplane that has ice protection provisions that meet the requirements in

section 34 of Special Federal Aviation Regulation No. 23, or those for transport category

airplane type certification, no pilot may fly an airplane into known or forecast severe icing

conditions.

(d) If current weather reports and briefing information relied upon by the pilot in

command indicate that the forecast icing conditions 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.

§91.529 Flight engineer requirements.

(a) No person may operate the following airplanes without a flight crewmember holding a

current flight engineer certificate:

(1) An airplane for which a type certificate was issued before January 2, 1964, having a

maximum certificated takeoff weight of more than 80,000 pounds.

(2) An airplane type certificated after January 1, 1964, for which a flight engineer is

required by the type certification requirements.

(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 has been checked by the Administrator on that type

airplane and is found to be familiar and competent with all essential current information

and operating procedures.§91.531 Second in command requirements.

Link to an amendment published at 68 FR 54561, Sept. 17, 2003.

(a) Except as provided in paragraph (b) of this section, no person may operate the

following airplanes without a pilot who is designated as second in command of that

airplane:

(1) A large airplane, except that a person may operate an airplane certificated under SFAR

41 without a pilot who is designated as second in command if that airplane is certificated

for operation with one pilot.

(2) A turbojet

‐ powered multiengine airplane for which two pilots are required under the

type certification requirements for that airplane.

(3) A commuter category airplane, except that a person may operate a commuter category

airplane notwithstanding paragraph (a)(1) of this section, that has a passenger seating

configuration, excluding pilot seats, of nine or less without a pilot who is designated as

second in command if that airplane is type certificated for operations with one pilot.

(b) The Administrator may issue a letter of authorization for the operation of an airplane

without compliance with the requirements of paragraph (a) of this section if that airplane is

designed for and type certificated with only one pilot station. The authorization contains

any conditions that the Administrator finds necessary for safe operation.

(c) No person may designate a pilot to serve as second in command, nor may any pilot

serve as second in command, of an airplane required under this section to have two pilots

unless that pilot meets the qualifications for second in command prescribed in §61.55 of

this chapter.

§91.533 Flight attendant requirements.

(a) No person may operate an airplane unless at least the following number of flight

attendants are on board the airplane:

(1) For airplanes having more than 19 but less than 51 passengers on board, one flight

attendant.

(2) For airplanes having more than 50 but less than 101 passengers on board, two flight

attendants.

(3) For airplanes having more than 100 passengers on board, two flight attendants plus one

additional flight attendant for each unit (or part of a unit) of 50 passengers above 100.

(b) No person may serve as a flight attendant on an airplane when required by paragraph

(a) of this section unless that person has demonstrated to the pilot in command familiarity

with the necessary functions to be performed in an emergency or a situation requiring

emergency evacuation and is capable of using the emergency equipment installed on that

airplane.

§91.535 Stowage of food, beverage, and passenger service equipment during aircraft

movement on the surface, takeoff, and landing.(a) No operator may move an aircraft on the surface, take off, or land when any food,

beverage, or tableware furnished by the operator is located at any passenger seat.

(b) No operator may move an aircraft 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 operator may permit an aircraft to move on the surface, take off, or land unless each

passenger serving cart is secured in its stowed position.

(d) No operator may permit an aircraft to move on the surface, take off, or land unless each

movie screen that extends into the aisle is stowed.

(e) Each passenger shall comply with instructions given by a crewmember with regard to

compliance with this section.

[Doc. No. 26142, 57 FR 42672, Sept. 15, 1992]



## §§91.536

‐ 91.599 [Reserved]

91.537 Operation of U.S.

‐ registered civil airplanes having e a

seating configuration of 20 or more passengers or a maximum

payload capacity of 6,000 pounds or more

In addition to the requirements of this subpart, aircraft have a

seating configuration of 20 or more passengers or a maximum

payload capacity of 6,000 pounds or more that are not required to

conduct operations under Part 125 must comply with the

additional requirements of Appendix H to this part

Appendix H to Part 91

‐ Operation of U.S.

‐ registered civil

airplanes having e a seating configuration of 20 or more

passengers or a maximum payload capacity of 6,000 pounds or

more

Section 1

– Special Airworthiness Requirements[Change this

section to refer to subpart e of Part 125 in its entirety, also include

new reg referring to “General” provision below that requires

compliance with the rest of subpart e]]

1) General.

(a) Except as provided in paragraph (b) of this section, no aircraft

operator may use an airplane powered by airplane engines rated

at more than 600 horsepower each for maximum continuous Formatted: Font: 11 pt

Formatted: Default Paragraph Font, Font: 11

pt

Formatted: Font: 11 pt

Formatted: Font: 11 pt

Formatted: Font: 11 pt Deleted:

## operation unless that airplane meets the requirements of 2)

through XXX) below.

(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.

2) 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. Formatted: Font: 11 pt

Formatted: Font: 11 pt

## (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 materials are installed in the fuselage

as replacements after September 2, 2005, those materials must

meet the flame propagation requirements of §25.856 of this

chapter, effective September 2, 2003.

(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.

3) 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.

4) 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.

5) Fire precautions.

(a) Each compartment must be designed so that, when used for

storing cargo or baggage, it meets the following requirements: Formatted: Font: 11 pt

Formatted: Font: 11 pt

Formatted: Font: 11 pt

Formatted: Font: 11 pt

## (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

ʺ A ʺ category if a fire therein would be readily discernible to a

member of the crew while at that crewmember ʹ 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

ʺ B ʺ 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

ʺ C ʺ category if they do not conform with the requirements for the

ʺ A ʺ

, ʺ B ʺ

, ʺ D ʺ

, or ʺ E ʺ 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

ʺ D ʺ 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 ʺ E ʺ 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.

6) Proof of compliance with 5)

Compliance with those provisions of 5) 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

ʺ C ʺ 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.

7) Propeller deicing fluid.

If combustible fluid is used for propeller deicing, the aircraft

operator must comply with Item 22

8) 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.

9) Location of fuel tanks.

(a) Fuel tanks must be located in accordance with Item 22.

(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.

10) 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.

11) Fuel lines and fittings in designated fire zones.

Fuel lines and fittings in each designated fire zone must comply

with Item 24.

## 12) Fuel valves.

Each fuel valve must

‐‐

(a) Comply with Item 23;

(b) Have positive stops or suitable index provisions in the ʺ on ʺ

and ʺ off ʺ 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.

13) Oil lines and fittings in designated fire zones.

Oil lines and fittings in each designated fire zone must comply

with Item 24.

14) Oil valves.

(a) Each oil valve must

‐‐

(1) Comply with Item 23;

(2) Have positive stops or suitable index provisions in the ʺ on ʺ

and ʺ off ʺ 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.

15) 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.

## 16) 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 ʹ

windshield.

(c) Engine breathers may not discharge into the engine air

induction system.

17) 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.

18) 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.

19) 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.

20) Engine accessory section diaphragm.

Unless equivalent protection can be shown by other means, a

diaphragm that complies with Item 18 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.

21) Powerplant fire protection.

(a) Designated fire zones must be protected from fire by

compliance with Item 22.

(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.

22) 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.

23) 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.

24) 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.

25) 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 Item 24, if the Administrator finds that the rupture or

breakage of any vent or drain line may result in a fire hazard.

26) Fire

‐ extinguishing systems.

(a) Unless the aircraft operator 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.

27) 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.

28) 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.

29) 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.

30) 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.

31) 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.

32) 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.

33) 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 Formatted: Font: 11 pt, Bold

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## 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.

34) 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.

35) 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 aircraft operator older shows that the fuel system incorporates

features that provide equivalent safety.

36) 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.

37) Carriage of cargo in passenger compartments.

## (a) Except as provided in paragraph (b) or (c) of this section, no

aircraft operator 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 ʹ s view of the ʺ seat belt ʺ sign, ʺ no smoking ʺ 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 ʹ s view of the ʺ seat

belt ʺ sign, ʺ no smoking ʺ sign, or required exit sign, unless an

auxiliary sign or other approved means for proper notification of

the passenger is provided.

38) 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.

39) 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: Formatted: Font: 11 pt

Formatted: Font: 11 pt

## (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.

Section 2

– Oxygen for medical use by passengers.

(a) Except as provided in paragraphs (d) and (e) of this section, no

aircraft operator conducting operating under this Appendix may

allow the carriage or operation of equipment for the storage,

generation or dispensing of medical oxygen unless the unit to be

carried is constructed so that all valves, fittings, and gauges are

protected from damage during that carriage or operation and

unless the following conditions are met:

(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); Formatted: Font: 11 pt Formatted: Font: 11 pt

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Formatted: Font: 11 pt Deleted: 40) 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 ... [1]

## (ii) When owned by the aircraft operators, maintained under the

aircraft operators maintenance program;

(iii) Free of flammable contaminants on all exterior surfaces; and

(iv) Appropriately secured.

(2) When the oxygen is stored in the form of a liquid, the

equipment must have been under the aircraft operator’s

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 173.300(a)

‐‐

(i) When owned by the aircraft operator, 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) When oxygen is being used, no person may smoke and no

aircraft operator may allow any person to smoke within 10 feet of

oxygen storage and dispensing equipment carried under

paragraph (a) of this section.

(c) No aircraft operator conducting operations under this

appendix 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 aircraft operator 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 FAA Flight Standards district office charged with the

overall inspection of the aircraft operator a complete report of the

operation involved, including a description of the deviation and

the reasons for it.

Section 3

‐ Flight crew requirements

§125.281 Pilot

‐ in

‐ command qualifications. [Waivable, not

recommended for inclusion in Subpart F]

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. [Waivable, not

recommended for inclusion in Subpart F]

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. Formatted: Font: 11 pt, Bold

Formatted: Centered

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## §125.285 Pilot qualifications: Recent experience. [contained in

part 61.57. Not recommended for inclusion]

(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 ʹ 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

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## 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)(3) 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.

[Contained in Part 61. Not recommended for inclusion in

Subpart F]

(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 [61.58(a)(1)] before that service, that person has passed a

written or oral test, given by the Administrator or an authorized

check airman on that person ʹ 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

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## 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 ʹ 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 ʹ 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.

§125.289 Initial and recurrent flight attendant crewmember

testing requirements. [request additional input]

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 Formatted: Font: 11 pt

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## 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 ʹ s operations manual.

§125.291 Pilot in command: Instrument proficiency check

requirements. [contained in 61.57(d). not recommended for

inclusion in Subpart F]

(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 Formatted: Font: 11 pt

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## 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. [not allowed under 91. Recommend no

inclusion in subpart F]

(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 ʹ 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.

[recommend inclusion in Subpart F]

Each certificate holder desiring FAA approval of a check airman

shall submit a request in writing to the FAA Flight Standards

district 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 Formatted: Font: 11 pt

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## centers: Special rules. [Part 91 allows training in simulators. Not

recommended for inclusion in Subpart K]

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. [part 91/61 allows training in simulators. Recommend

no inclusion in Subpart K]

(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.

Section 4

‐ Maintenance Requirements Formatted: Font: 11 pt

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## §125.241 Applicability. [Part 91, subpart E, 91.401(a)]

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 ʹ s responsibilities. [Not required for

91F]

(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 ʹ 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 ʹ 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. [Similar to

requirements in Part 91, subpart E, 91.403(a), but refers to the

“owner or operator’ responsibilities] Formatted: Font: 11 pt

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## 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 ʹ 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. [Covered by

section of Part 91, subpart E]

(a) No person may operate an airplane subject to this part unless

[91.403(a)]

(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; [91.403(c)]

(2) Defects disclosed between inspections, or as a result of

inspection, have been corrected in accordance with part 43 of this

chapter; and [91.7(a),(b)]

(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. [91.403(c)]

(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. [91.409(g)]

(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. [91.409(g)] Formatted: Font: 11 pt

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## (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. [91.403(b)]

(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 [91.409(e)]

(2) The engine overhaul periods are specified in the inspection

programs required by §125.247(a)(3). [91.409(e)]

(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;

[91.409(f) (1)]

(2) Inspection programs currently recommended by the

manufacturer of the airplane, aircraft engines, propellers,

appliances, or survival and emergency equipment; or [91.409(f)

(3)]

(3) An inspection program developed by a certificate holder under

this part. [91.409(g)]

§125.248 Special maintenance program requirements. [same as

Part91, subpart E,91.410]

(a) No person may operate an Airbus Model A300 (exlcuding 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 Formatted: Font: 11 pt

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## incorporated in its maintenance program. The repair assessment

guidelines must be approved by the FAA Aircraft Certification

Office (ACO), or office of the Transport Airplane Directorate,

having cognizance over 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) After December 6, 2004, no certificate holder may operate a

turbine

‐ powered transport category airplane with a type

certificate issued after January 1, 1958, and either a maximum type

certificated passenger capacity of 30 or more, or a maximum type

certificated payload capacity of 7,500 pounds or more unless

instructions for maintenance and inspection of the fuel tank

system are incorporated in its inspection program. These

instructions must address the actual configuration of the fuel tank

systems of each affected airplane and must be approved by the

FAA Aircraft Certification Office (ACO), or office of the Transport

Airplane Directorate, having cognizance over the type certificate

for the affected airplane. Operators must submit their request

through an appropriate FAA Principal Maintenance Inspector,

who may add comments and then send it to the manager of the

appropriate office. Thereafter, the approved instructions can be

revised only with the approval of the FAA Aircraft Certification

Office (ACO), or office of the Transport Airplane Directorate,

having cognizance over the type certificate for the affected

airplane. Operators must submit their requests for revisions

through an appropriate FAA Principal Maintenance Inspector,

who may add comments and then send it to the manager of the

appropriate office.

§125.249 Maintenance manual requirements. [ not required for

91F ]

(a) Each certificate holder ʹ 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 ʹ names and addresses. Formatted: Font: 11 pt

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## (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 ( ʺ buy

‐ back procedures ʺ );

(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 ʹ 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 ʹ s

certificate type and number.

(3) The name of the person approving the work and the person ʹ s

certificate type and number. Formatted: Font: 11 pt

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## §125.251 Required inspection personnel. [ Parts 91.403 (b), and

43.3 and .13 ]

(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. [ no direct

equivalent in Part 91]

Section 5

– Additional Requirements

1) Composition of flightcrew.

(a) No aircraft operator 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 ʹ 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 ʹ s certificate to perform the flight engineer ʹ s functions in

such a situation.

2) 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. Formatted: Font: 11 pt

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## (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.

4) 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 Letter

of Authorization that are other than those specified in paragraph (a) of this section.

5) Inspection authority.

Each holder of a letter of authorization issued under this appendix shall allow the

Administrator, at any time or place, to make any inspections or tests to determine its

compliance with it’s letter of authorization.

6) Change of address.

Each holder of a letter of authorization issued under this appendix shall notify the FAA

Flight Standards district 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, as applicable.

7) compliance with the following regulations (125.93

‐ Airplane limitations re: ditching),

§125.187 Landing gear: Aural warning device, §125.206 Pitot heat indication systems,

§125.223 Airborne weather radar equipment requirements, §125.224 Collision

Avoidance System, [consider flight attendant requirements from operations subgroup

–

more than 19 seats or one to 4 escape slides requires one flight attendant, more than 4

escape slides requires 2 flight attendants, more than 8 escape slides, 3 flight attendants,

could should up in 91.533 with adjustments], [review work for emergency and

emergency evacuation issues from operations workgroup], [§125.323 Reporting

mechanical irregularities

– see 91.213(c) for similar requirement] [91.535

‐ review changes

made for 135/125

‐ dave hewitt. Might need to retain current permission under 91, we

don’t want to prevent use of non

‐ plastic cups] [include language from 91.1039(d) for

departure airport alternate if landing min’s are below mins), [§125.379 Landing weather

minimums: IFR

‐ this deals with crew pairing, [§125.379 Landing weather minimums:

IFR

‐ copy 91.1039(c) requirement], [§125.409 Reports of defects or unairworthy

conditions

‐ require input from maintenance community on appropriate verbage], Formatted: Font: 11 pt, Bold

Formatted: Font: 11 pt Deleted: 3) Check airman authorization:

Application and issue. ¶

Each aircraft operator desiring FAA approval of

a check airman shall submit a request in writing

to the FAA Flight Standards district office

charged with the overall inspection of the

aircraft operator. 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. ¶

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## 40) 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.THIS DATA CURRENT AS OF THE FEDERAL REGISTER DATED NOVEMBER 17, 2003

14 CFR

Aeronautics and Space

CHAPTER I

FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

(CONTINUED)

SUBCHAPTER G

‐‐ AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE:

CERTIFICATION AND OPERATIONS

PART 125

‐‐ CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING

CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000

POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

Special Federal Aviation Regulation No. 89 [Note]

Special Federal Aviation Regulation No. 97 [Note]

Subpart A

‐‐ General

Sec.

125.1 Applicability.

125.3 Deviation authority.

125.5 Operating certificate and operations specifications required.

125.7 Display of certificate.

125.9 Definitions.

125.11 Certificate eligibility and prohibited operations.

Subpart B

‐‐ Certification Rules and Miscellaneous Requirements

125.21 Application for operating certificate.

125.23 Rules applicable to operations subject to this part.

125.25 Management personnel required.

125.27 Issue of certificate.

125.29 Duration of certificate.

125.31 Contents of certificate and operations specifications.

125.33 Operations specifications not a part of certificate.

125.35 Amendment of operations specifications.

125.37 Duty period limitations.

125.39 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.

125.41 Availability of certificate and operations specifications.

125.43 Use of operations specifications.

125.45 Inspection authority.

125.47 Change of address.

125.49 Airport requirements.

125.51 En route navigational facilities.

125.53 Flight locating requirements.

Subpart C

‐‐ Manual Requirements Formatted: Right: 3"125.71 Preparation.

125.73 Contents.

125.75 Airplane flight manual.

Subpart D

‐‐ Airplane Requirements

125.91 Airplane requirements: General.

125.93 Airplane limitations.

Subpart E

‐‐ Special Airworthiness Requirements

125.111 General.

125.113 Cabin interiors.

125.115 Internal doors.

125.117 Ventilation.

125.119 Fire precautions.

125.121 Proof of compliance with §125.119.

125.123 Propeller deicing fluid.

125.125 Pressure cross

‐ feed arrangements.

125.127 Location of fuel tanks.

125.129 Fuel system lines and fittings.

125.131 Fuel lines and fittings in designated fire zones.

125.133 Fuel valves.

125.135 Oil lines and fittings in designated fire zones.

125.137 Oil valves.

125.139 Oil system drains.

125.141 Engine breather lines.

125.143 Firewalls.

125.145 Firewall construction.

125.147 Cowling.

125.149 Engine accessory section diaphragm.

125.151 Powerplant fire protection.

125.153 Flammable fluids.

125.155 Shutoff means.

125.157 Lines and fittings.

125.159 Vent and drain lines.

125.161 Fire

‐ extinguishing systems.

125.163 Fire

‐ extinguishing agents.

125.165 Extinguishing agent container pressure relief.

125.167 Extinguishing agent container compartment temperature.

125.169 Fire

‐ extinguishing system materials.

125.171 Fire

‐ detector systems.

125.173 Fire detectors.

125.175 Protection of other airplane components against fire.

125.177 Control of engine rotation.

125.179 Fuel system independence.

125.181 Induction system ice prevention.

125.183 Carriage of cargo in passenger compartments.

125.185 Carriage of cargo in cargo compartments.

125.187 Landing gear: Aural warning device.

125.189 Demonstration of emergency evacuation procedures.

Subpart F

‐‐ Instrument and Equipment Requirements

125.201 Inoperable instruments and equipment.

125.203 Radio and navigational equipment.

125.204 Portable electronic devices.125.205 Equipment requirements: Airplanes under IFR.

125.206 Pitot heat indication systems.

125.207 Emergency equipment requirements.

125.209 Emergency equipment: Extended overwater operations.

125.211 Seat and safety belts.

125.213 Miscellaneous equipment.

125.215 Operating information required.

125.217 Passenger information.

125.219 Oxygen for medical use by passengers.

125.221 Icing conditions: Operating limitations.

125.223 Airborne weather radar equipment requirements.

125.224 Collision Avoidance System.

125.225 Flight recorders.

125.226 Digital flight data recorders.

125.227 Cockpit voice recorders.

Subpart G

‐‐ Maintenance

125.241 Applicability.

125.243 Certificate holder ʹ s responsibilities.

125.245 Organization required to perform maintenance, preventive maintenance, and alteration.

125.247 Inspection programs and maintenance.

125.248 Special maintenance program requirements.

125.249 Maintenance manual requirements.

125.251 Required inspection personnel.

Subpart H

‐‐ Airman and Crewmember Requirements

125.261 Airman: Limitations on use of services.

125.263 Composition of flightcrew.

125.265 Flight engineer requirements.

125.267 Flight navigator and long

‐ range navigation equipment.

125.269 Flight attendants.

125.271 Emergency and emergency evacuation duties.

Subpart I

‐‐ Flight Crewmember Requirements

125.281 Pilot

‐ in

‐ command qualifications.

125.283 Second

‐ in

‐ command qualifications.

125.285 Pilot qualifications: Recent experience.

125.287 Initial and recurrent pilot testing requirements.

125.289 Initial and recurrent flight attendant crewmember testing requirements.

125.291 Pilot in command: Instrument proficiency check requirements.

125.293 Crewmember: Tests and checks, grace provisions, accepted standards.

125.295 Check airman authorization: Application and issue.

125.296 Training, testing, and checking conducted by training centers: Special rules.

125.297 Approval of flight simulators and flight training devices.

Subpart J

‐‐ Flight Operations

125.311 Flight crewmembers at controls.

125.313 Manipulation of controls when carrying passengers.

125.315 Admission to flight deck.

125.317 Inspector ʹ s credentials: Admission to pilots ʹ compartment: Forward observer ʹ s seat.

125.319 Emergencies.

125.321 Reporting potentially hazardous meteorological conditions and irregularities of ground andnavigation facilities.

125.323 Reporting mechanical irregularities.

125.325 Instrument approach procedures and IFR landing minimums.

125.327 Briefing of passengers before flight.

125.328 Prohibition on crew interference.

125.329 Minimum altitudes for use of autopilot.

125.331 Carriage of persons without compliance with the passenger

‐ carrying provisions of this part.

125.333 Stowage of food, beverage, and passenger service equipment during airplane movement on

the surface, takeoff, and landing.

Subpart K

‐‐ Flight Release Rules

125.351 Flight release authority.

125.353 Facilities and services.

125.355 Airplane equipment.

125.357 Communication and navigation facilities.

125.359 Flight release under VFR.

125.361 Flight release under IFR or over

‐ the

‐ top.

125.363 Flight release over water.

125.365 Alternate airport for departure.

125.367 Alternate airport for destination: IFR or over

‐ the

‐ top.

125.369 Alternate airport weather minimums.

125.371 Continuing flight in unsafe conditions.

125.373 Original flight release or amendment of flight release.

125.375 Fuel supply: Nonturbine and turbopropeller

‐ powered airplanes.

125.377 Fuel supply: Turbine

‐ engine

‐ powered airplanes other than turbopropeller.

125.379 Landing weather minimums: IFR.

125.381 Takeoff and landing weather minimums: IFR.

125.383 Load manifest.

Subpart L

‐‐ Records and Reports

125.401 Crewmember record.

125.403 Flight release form.

125.405 Disposition of load manifest, flight release, and flight plans.

125.407 Maintenance log: Airplanes.

125.409 Reports of defects or unairworthy conditions.

125.410 Service difficulty reports (structural).

125.411 Airworthiness release or maintenance record entry.

Appendix A to Part 125

‐‐ Additional Emergency Equipment

Appendix B to Part 125

‐‐ Criteria for Demonstration of Emergency Evacuation Procedures Under

§125.189

Appendix C to Part 125

‐‐ Ice Protection

Appendix D to Part 125

‐‐ Airplane Flight Recorder Specification

Appendix E to Part 125

‐‐ Airplane Flight Recorder Specifications

Authority: 49 U.S.C. 106(g), 40113, 44701

‐ 44702, 44705, 44710

‐ 44711, 44713, 44716

‐ 44717, 44722.

Source: Docket No. 19779, 45 FR 67235, Oct. 9, 1980, unless otherwise noted.

Special Federal Aviation Regulation No. 89

Editorial Note: For the text of SFAR No. 89, see part 121 of this chapter.

Special Federal Aviation Regulation No. 97Editorial Note: For the text of SFAR No. 97, see part 91 of this chapter.

Subpart A

‐‐ General

[TOP]

§125.1 Applicability.

(a) Except as provided in paragraphs (b), (c) and (d) of this section, this part prescribes rules

governing the operations of U.S.

‐ registered civil airplanes which have a seating configuration of 20 or

more passengers or a maximum payload capacity of 6,000 pounds or more in private carriage for

hire and private carriage of petroleum and petroleum products in the state of Alaska

(b) The rules of this part do not apply to the operations of airplanes 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 by an operator certificated to operate those airplanes under

the rules of parts 121, 135, or 137 of this chapter, they are being operated under the applicable rules of

part 121 or part 135 of this chapter by an applicant for a certificate under part 119 of this chapter or

they are being operated by a foreign air carrier or a foreign person engaged in common carriage

solely outside the United States under part 91 of this chapter;

(5) They are being operated under Part 91F Appendix H

(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) The rules of this part, except §125.247, do not apply to the operation of airplanes specified in

paragraph (a) 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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 4, 47 FR 44719, Oct. 12, 1982;

Amdt. 125

‐ 5, 49 FR 34816, Sept. 4, 1984; Amdt. 125

‐ 6, 51 FR 873, Jan. 8, 1986; Amdt. 125

‐ 9, 52 FR

20028, May 28, 1987; Amdt. 121

‐ 251, 60 FR 65937, Dec. 20, 1995; Amdt. 125

‐ 31, 64 FR 1080, Jan. 7, 1999;

Amdt. 125

‐ 44, 68 FR 54585, Sept. 17, 2003]

[TOP]

§125.3 Deviation authority. [Consider noting within each rule that is deviable or listing of all

deviable rules. Preamble

‐ deviation to operate under 91 is removed. Preamble language

‐ should

state that this will not be the same deviation authority issued in the past. This will be limited

deviation authority] Deleted:

.

Deleted: when common carriage is not

involved

Deleted: (5) They are being operated under a

deviation authority issued under §125.3; ¶(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 nearest Flight Standards District 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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 13, 54 FR 39294, Sept. 25, 1989]

[TOP]

§125.5 Operating certificate and operations specifications required. [Preamble

‐ deleted dates in A

and deleted paragraph B and they related to original transition and are no longer applicable, also

preamble, no deviation from certificate requirements of part 125]

(a) N o person may engage in operations governed by this part unless that person holds a certificate

and operations specification or appropriate deviation authority.

( b ) 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

.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 1A, 46 FR 10903, Feb. 5, 1981]

[TOP]

[Preamble note

‐ This requirement is combined in 125.41]

[TOP]

§125.9 Definitions. [Need to evaluate inclusion of any of these definitions within 91F. Also,

determine if duplicate definitions found in 119 will allow for removal of definitions in this part.

Also, consider language under 119.3 “for the purpose of subchapter G

‐ should this also be a

roadmap for large airplanes heading to 91 Sub F]

(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 Deleted:

Deleted: After February 3, 1981, n

Deleted: (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. ¶

Deleted: c

Deleted: or a Letter of Deviation Authority

issued under §125.3.

Deleted: §125.7 Display of certificate.

Deleted: ¶

(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.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.

(e) For the purpose of this part

(1) Private carriage for hire shall have the same meaning as defined in new 119.3

(2) Holding out by reputation means gaining a reputation for a willingness to serve the

traveling or shipping public, or a segment thereof, on an indiscriminate basis.

(3) Affilliate of the certificate holder means a company that, directlyu or indirectly, through

one or more intermediariers, controls, or controlled by, or under common control with, the certificate

holder. The holding of at least forty percent (40%) of the equity and forty percent (40%) of the voting

power of an entity will be presumed to constitute control for purposes of determining an affiliation

under this part.

(4) Revenue hour shall mean hours when revenue passenger and/or revenue cargo are on

board. Hours associated with ferry flights, positioning flights, depositioining flights and

maintenance flights when no revenue passengers are on board are no “revenue hours.”

[TOP] §125.11 Authorizations and limitations

.

(a) A certificate holder under this part shall not hold a certificate to conduct operations under 121,

129, 135. ( b ) Acertificate holder under this part shall not 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.

(c), A certificate holder under this part shall not conduct an operation which results directly or

indirectly from any person ʹ s holding out to the public to furnish transportation (indiscriminately

‐

DOT wants this term removed). A certificate holder under this part may not hold out to the public,

including by:

(i) advertising transportation services to the public,

(ii) actively soliciting customers through its own sales personnel, brokers or other

intermediaries (which itselves are advertising and soliciting passengers or cargo traffic

from the public

‐ DOT wants this section removed) or

(iii) holding out by reputation (by Exceeding the limits of (e)

‐ DOT Added this language)

(d) a certificate holder under this part may: do business with an intermediary under the following

conditions:

(i) such intermediary acts as an agent for the customer,

(ii) The certificate holder contracts directly with the customer or with the

intermediary having authority to sign contracts on behalf of the customer, and

(iii) The number of contracts does not result in a holding out by reputation. Formatted: Indent: First line: 0.5"

Formatted: Indent: Left: 0.5", Space Before:

Auto

Formatted: Indent: First line: 0.5"

Formatted: Indent: Left: 0.5", First line: 0.5"

Formatted: Indent: Left: 1" Deleted:

Deleted: Certificate eligibility and prohibited

operations

Deleted: 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. ¶

Deleted: (b) Except as provided in 125.1b,

where or otherwise authorized, a certificate

holder may not conduct any operation under

the rules of this part other than private carriage

for hire. A certificate holder is not conducting

private carriage for hire operations if, for

compensation or hire, it is holding out directly

or indirectly to the public to furnish

transportation indiscriminately. No certificate

holder may conduct any operation which

results directly or indirectly from any person ʹ s

holding out to the public to furnish

transportation. ¶

Deleted: c

Deleted: No person

Deleted: holding operations specifications

Deleted: may(e) For flights other than for the certificate holder, a certificate holder under this part must operate

pursuant to a contract with:

(i) one customer per calendar year with no restrictions on revenue hours for that

customer. A certificate holder may also conduct flights for up to 3 affiliates of the

certificate holder with no revenue hour restrictions for flights conducted for

those affiliates, or

(ii) More than one but no more than 4 total customers per calendar year with a

maximum of 300 revenue hours for all contracts with those customers. A

certificate holder may conduct flights for up to 3 affiliates of the certificate holder

with no revenue hour restriction for flights conducted for those affiliates.

(iii) An unlimited number of customers with no flight hour restrictions for the

transportation of petroleum and petroleum products in the state of Alaska.

Subpart B

‐‐ Certification Rules and Miscellaneous Requirements

[TOP]

§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 FAA Flight Standards district 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.

[TOP]

§125.23 Rules applicable to operations subject to this part.

Each person operating an airplane 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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 12, 54 FR 34331, Aug. 18, 1989] Formatted: Indent: First line: 0"

Formatted: Indent: Left: 1"

Deleted: ¶

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980 as

amended by Amdt. 125

‐ 9, 52 FR 20028, May 28,

1987][TOP]

§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 and director of maintenance

, held by 2 separate

people, 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 FAA Flight Standards district 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.

[TOP]

§125.27 Issue of certificate. [Not required for 91F]

(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 ʹ s employment or control contributed

materially to the reasons for revoking that certificate.

[TOP]

§125.29 Duration of certificate. [Not required for 91F]

(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.

[TOP]

§125.31 Contents of certificate and operations specifications. [Not required for 91F]

(a) Each certificate issued under this part contains the following:(1) The holder ʹ 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 ʹ 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.

[TOP]

§125.33 Operations specifications not a part of certificate. [Not required for 91F]

Operations specifications are not a part of an operating certificate.

[TOP]

§125.35 Amendment of operations specifications. [Not required for 91F]

(a) The FAA Flight Standards district 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, that district 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 FAA Flight Standards district office charged with the overall

inspection of the certificate holder.

(c) Within 30 days after a notice of refusal to approve a holder ʹ s application for amendment is

received, the holder may petition the Director, Flight Standards Service, to reconsider the refusal to

amend.

(d) When the FAA Flight Standards district office charged with the overall inspection of the certificate

holder amends operations specifications, that district 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, that district 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 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 Director. If the Director

finds there is an emergency requiring immediate action as to safety in air commerce that makes theprovisions of this paragraph impracticable or contrary to the public interest, the Director notifies the

certificate holder that the amendment is effective on the date of receipt, without previous notice.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 13, 54 FR 39294, Sept. 25, 1989]

[TOP]

§125.3 6 Flight time limitations and rest requirements: one and two pilot crews

. [[comes from 135

regs. Part 125 group reserves final approval pending outcome of flight and duty summit

recommendations]

(a) No certificate holder may assign any flight crewmember, and no flight crewmember may accept

an assignment, for flight time as a member of a one ‐ or two

‐ pilot crew if that crewmember ʹ s total

flight time in all commercial flying will exceed

‐‐

(1) 500 hours in any calendar quarter.

(2) 800 hours in any two consecutive calendar quarters.

(3) 1,400 hours in any calendar year.

(b) Except as provided in paragraph (c) of this section, during any 24 consecutive hours the total

flight time of the assigned flight when added to any other commercial flying by that flight

crewmember may not exceed

‐‐

(1) 8 hours for a flight crew consisting of one pilot; or

(2) 10 hours for a flight crew consisting of two pilots qualified under this part for the operation being

conducted.

(c) A flight crewmember ʹ s flight time may exceed the flight time limits of paragraph (b) of this section

if the assigned flight time occurs during a regularly assigned duty period of no more than 14 hours

and

‐‐

(1) If this duty period is immediately preceded by and followed by a required rest period of at least

10 consecutive hours of rest;

(2) If flight time is assigned during this period, that total flight time when added to any other

commercial flying by the flight crewmember may not exceed

‐‐

(i) 8 hours for a flight crew consisting of one pilot; or

(ii) 10 hours for a flight crew consisting of two pilots; and

(3) If the combined duty and rest periods equal 24 hours.

(d) Each assignment under paragraph (b) of this section must provide for at least 10 consecutive

hours of rest during the 24

‐ hour period that precedes the planned completion time of the assignment.

(e) When a flight crewmember has exceeded the daily flight time limitations in this section, because

of circumstances beyond the control of the certificate holder or flight crewmember (such as adverse

weather conditions), that flight crewmember must have a rest period before being assigned or

accepting an assignment for flight time of at least

‐‐

(1) 11 consecutive hours of rest if the flight time limitation is exceeded by not more than 30 minutes;

(2) 12 consecutive hours of rest if the flight time limitation is exceeded by more than 30 minutes, but

not more than 60 minutes; and Deleted: 7

Deleted: Duty period limitations

Deleted: (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. ¶

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as

amended by Amdt. 125

‐ 21, 59 FR 42993, Aug.

19, 1994]

¶(3) 16 consecutive hours of rest if the flight time limitation is exceeded by more than 60 minutes.

(f) The certificate holder must provide each flight crewmember at least 13 rest periods of at least 24

consecutive hours each in each calendar quarter.

125.37 Flight time limitations and rest requirements: three

‐ and four

‐ pilot crews [comes from 135

regs. Part 125 group reserves final approval pending outcome of flight and duty summit

recommendations].

(a) No certificate holder may assign any flight crewmember, and no flight crewmember may accept

an assignment, for flight time as a member of a three

‐ or four

‐ pilot crew if that crewmember ʹ s total

flight time in all commercial flying will exceed

‐‐

(1) 500 hours in any calendar quarter.

(2) 800 hours in any two consecutive calendar quarters.

(3) 1,400 hours in any calendar year.

(b) No certificate holder may assign any pilot to a crew of three or four pilots, unless that assignment

provides

‐‐

(1) At least 10 consecutive hours of rest immediately preceding the assignment;

(2) No more than 8 hours of flight deck duty in any 24 consecutive hours;

(3) No more than 18 duty hours for a three

‐ pilot crew or 20 duty hours for a four

‐ pilot crew in any 24

consecutive hours;

(4) No more than 12 hours aloft for a three

‐ pilot crew or 16 hours aloft for a four

‐ pilot crew during

the maximum duty hours specified in paragraph (b)(3) of this section;

(5) Adequate sleeping facilities on the aircraft for the relief pilot;

(6) Upon completion of the assignment, a rest period of at least 12 hours;

(c) When a flight crewmember has exceeded the daily flight deck duty limitation in this section by

more than 60 minutes, because of circumstances beyond the control of the certificate holder or flight

crewmember, that flight crewmember must have a rest period before the next duty period of at least

16 consecutive hours.

(d) A certificate holder must provide each flight crewmember at least 13 rest periods of at least 24

consecutive hours each in each calendar quarter.

125.38 Duty period limitations and rest time requirements.[From 135.273][125 group reserves final

approval pending outcome of flight and rest summit]

(a) For purposes of this section

‐‐

Calendar day means the period of elapsed time, using Coordinated Universal Time or local time, that

begins at midnight and ends 24 hours later at the next midnight.

Duty period means the period of elapsed time between reporting for an assignment involving flight

time and release from that assignment by the certificate holder. The time is calculated using either

Coordinated Universal Time or local time to reflect the total elapsed time.

Flight attendant means an individual, other than a flight crewmember, who is assigned by the

certificate holder, in accordance with the required minimum crew complement under the certificate

holder ʹ s operations specifications or in addition to that minimum complement, to duty in an aircraftduring flight time and whose duties include but are not necessarily limited to cabin

‐ safety

‐ related

responsibilities.

Rest period means the period free of all responsibility for work or duty should the occasion arise.

(b) Except as provided in paragraph (c) of this section, a certificate holder may assign a duty period to

a flight attendant only when the applicable duty period limitations and rest requirements of this

paragraph are met.

(1) Except as provided in paragraphs (b)(4), (b)(5), and (b)(6) of this section, no certificate holder may

assign a flight attendant to a scheduled duty period of more than 14 hours.

(2) Except as provided in paragraph (b)(3) of this section, a flight attendant scheduled to a duty

period of 14 hours or less as provided under paragraph (b)(1) of this section must be given a

scheduled rest period of at least 9 consecutive hours. This rest period must occur between the

completion of the scheduled duty period and the commencement of the subsequent duty period.

(3) The rest period required under paragraph (b)(2) of this section may be scheduled or reduced to 8

consecutive hours if the flight attendant is provided a subsequent rest period of at least 10

consecutive hours; this subsequent rest period must be scheduled to begin no later than 24 hours

after the beginning of the reduced rest period and must occur between the completion of the

scheduled duty period and the commencement of the subsequent duty period.

(4) A certificate holder may assign a flight attendant to a scheduled duty period of more than 14

hours, but no more than 16 hours, if the certificate holder has assigned to the flight or flights in that

duty period at least one flight attendant in addition to the minimum flight attendant complement

required for the flight or flights in that duty period under the certificate holder ʹ s operations

specifications.

(5) A certificate holder may assign a flight attendant to a scheduled duty period of more than 16

hours, but no more than 18 hours, if the certificate holder has assigned to the flight or flights in that

duty period at least two flight attendants in addition to the minimum flight attendant complement

required for the flight or flights in that duty period under the certificate holder ʹ s operations

specifications.

(6) A certificate holder may assign a flight attendant to a scheduled duty period of more than 18

hours, but no more than 20 hours, if the scheduled duty period includes one or more flights that land

or take off outside the 48 contiguous states and the District of Columbia, and if the certificate holder

has assigned to the flight or flights in that duty period at least three flight attendants in addition to

the minimum flight attendant complement required for the flight or flights in that duty period under

the certificate holder ʹ s operations specifications.

(7) Except as provided in paragraph (b)(8) of this section, a flight attendant scheduled to a duty

period of more than 14 hours but no more than 20 hours, as provided in paragraphs (b)(4), (b)(5), and

(b)(6) of this section, must be given a scheduled rest period of at least 12 consecutive hours. This rest

period must occur between the completion of the scheduled duty period and the commencement of

the subsequent duty period.

(8) The rest period required under paragraph (b)(7) of this section may be scheduled or reduced to 10

consecutive hours if the flight attendant is provided a subsequent rest period of at least 14

consecutive hours; this subsequent rest period must be scheduled to begin no later than 24 hours

after the beginning of the reduced rest period and must occur between the completion of the

scheduled duty period and the commencement of the subsequent duty period.

(9) Notwithstanding paragraphs (b)(4), (b)(5), and (b)(6) of this section, if a certificate holder elects to

reduce the rest period to 10 hours as authorized by paragraph (b)(8) of this section, the certificate

holder may not schedule a flight attendant for a duty period of more than 14 hours during the 24

‐

hour period commencing after the beginning of the reduced rest period.

(10) No certificate holder may assign a flight attendant any duty period with the certificate holder

unless the flight attendant has had at least the minimum rest required under this section.(11) No certificate holder may assign a flight attendant to perform any duty with the certificate holder

during any required rest period.

(12) Time spent in transportation, not local in character, that a certificate holder requires of a flight

attendant and provides to transport the flight attendant to an airport at which that flight attendant is

to serve on a flight as a crewmember, or from an airport at which the flight attendant was relieved

from duty to return to the flight attendant ʹ s home station, is not considered part of a rest period.

(13) Each certificate holder must relieve each flight attendant engaged in air transportation from all

further duty for at least 24 consecutive hours during any 7 consecutive calendar days.

(14) A flight attendant is not considered to be scheduled for duty in excess of duty period limitations

if the flights to which the flight attendant is assigned are scheduled and normally terminate within

the limitations but due to circumstances beyond the control of the certificate holder (such as adverse

weather conditions) are not at the time of departure expected to reach their destination within the

scheduled time.

[TOP]

§125.39 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.

[more stringent regs exist under 91. Not required for 91F]

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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 12, 54 FR 34331, Aug. 18, 1989]

[TOP]

§125.41 Availability of certificate and operations specifications. [Not required for 91F]

(a) Each certificate holder shall make its operating certificate and operations specifications

available for inspection by the Administrator at its principal operations base.

(b) The certificate holder must carry a copy of the certificate and operations specifications in each of

its aircraft

[TOP]

§125.43 Use of operations specifications. [Not required for 91F]

(a) Each certificate holder shall keep each of its employees informed of the provisions of its

operations specifications that apply to the employee ʹ 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.

[TOP]

§125.45 Inspection authority. [Not required for 91F]

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 Formatted: Numbered + Level: 1 +

Numbering Style: a, b, c, ... + Start at: 1 +

Alignment: Left + Aligned at: 0.25" + Tab

after: 0.5" + Indent at: 0.5"

Deleted: <#>¶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.

[TOP]

§125.47 Change of address. [Not required for 91F]

Each certificate holder shall notify the FAA Flight Standards district 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.

[TOP]

§125.49 Airport requirements. [Not required for 91F]

(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 ʹ 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.

[TOP]

§125.51 En route navigational facilities. [Route approvals are generally used for commercial

operations. 91.205 contains equipment requirements for day/night/IFR flights and should provide

comparable requirements. Not recommended for inclusion in 91F]

(a) Except as provided in paragraph (b) of this section, no certificate holder may conduct any

operation over a route unless nonvisual ground aids are ‐‐

(1) Available over the route for navigating airplanes within the degree of accuracy required for ATC;

and

(2) Located to allow navigation to any airport of destination, or alternate airport, within the degree of

accuracy necessary for the operation involved.

(b) Nonvisual ground aids are not required for

‐‐

(1) Day VFR operations that can be conducted safely by pilotage because of the characteristics of the

terrain;

(2) Night VFR operations on routes that the Administrator determines have reliable landmarks

adequate for safe operation; or

(3) Operations where the use of celestial or other specialized means of navigation, such as an inertial

navigation system, is approved.

[TOP]

§125.53 Flight locating requirements. [Generally required for commercial activity. Should not be

required for private operations. Not recommended for inclusion in 91F](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 ʹ 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.

125.55 Aircraft Security

Certificate holders conducting operations under this part must comply with the applicable security

requirements in 49 CFR chapter XII.

Subpart C

‐‐ Manual Requirements

[TOP]

§125.71 Preparation. [Manuals not required for 91F, however comparison to 91K included below]

[Part 91 Subpart K, 91.1023 is nearly identical to this section with “program manager” in lieu of

“certificate holder”]

(a) Each certificate holder shall prepare and keep current a manual setting forth the certificate

holder ʹ s procedures and policies acceptable to the Administrator. This manual must be used by the

certificate holder ʹ 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. [.1023(a)]

(b) Each certificate holder shall maintain at least one copy of the manual at its principal operations

base. [.1023(b)]

(c) The manual must not be contrary to any applicable Federal regulations, foreign regulation

applicable to the certificate holder ʹ s operations in foreign countries, or the certificate holder ʹ s

operating certificate or operations specifications. [.1023(c)]

(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

‐‐ [.1023(d)]

(1) Its flight crewmembers; and [.1023(d)(1)]

(2) The FAA Flight Standards district office charged with the overall inspection of its operations.

[.1023(d)(2)] Formatted: Font color: Red(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. [.1023(e)]

[no equivalent in Part 125 to the Part 91.1023(f) Except as provided in paragraph (h) of this section,

the appropriate parts of the manual must be carried on each aircraft when away from the principal

operations base. The appropriate parts must be available for use by ground or flight personnel.]

[evidently it was decided that part 125/71(g) below was good enough to indicate that manuals must

be carried on the airplane]

(f) For the purpose of complying with paragraph (d) of this section, a certificate holder may furnish

the persons listed therein with the maintenance part of its manual in printed form or other form,

acceptable to the Administrator, that is retrievable in the English language. If the certificate holder

furnishes the maintenance part of the manual in other than printed form, it must ensure there is a

compatible reading device available to those persons that provides a legible image of the

maintenance information and instructions or a system that is able to retrieve the maintenance

information and instructions in the English language. [.1023(g)]

(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. [.1023(e)]

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 28, 62 FR 13257, Mar. 19, 1997]

[TOP]

§125.73 Contents. [Manuals not required for 91F] [ comparison to 91K included below]

[Part 91 Subpart K, 91.1025 is nearly identical to this section with “program manager” in lieu of

“certificate holder”]

Each manual shall have the date of the last revision and revision number on each revised page. The

manual must include

‐‐ [.1025]

(a) The name of each management person who is authorized to act for the certificate holder, the

person ʹ s assigned area of responsibility, and the person ʹ s duties, responsibilities, and authority;

[subpart K. does not have anything exactly comparable]

(b) Procedures for ensuring compliance with airplane weight and balance limitations; [.1025(a)]

(c) Copies of the certificate holder ʹ 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; [.1025(b)]

(d) Procedures for complying with accident notification requirements; [.1025(c)]

(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; [.1025(d)]

(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; [.1025(e)]

(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;

[.1025(f)]

(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; [.1025(g)] Formatted: Font: Palatino Linotype, 8 pt(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; [.1025(h)]

(j) Procedures for refueling airplanes, eliminating fuel contamination, protecting from fire (including

electrostatic protection), and supervising and protecting passengers during refueling; [.1025(i)]

(k) Procedures to be followed by the pilot in command in the briefing under §125.327; [.1025(j); refs.

91.1035]

(l) Flight locating procedures, when applicable; [.1025(q)]

(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; [.1025(k)]

(n) The approved airplane inspection program; [.1025(l)]

(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

‐‐ [.1073(a)(1) and .1085]

(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; [no equivalent in Part 91, other than training to perform]

(2) Notification and reporting hazardous material incidents as required by title 49 CFR; and [no

equivalent in Part 91, other than training to perform]

(3) Notification of the pilot in command when there are hazardous materials aboard, as required by

title 49 CFR; [no equivalent in Part 91, other than training to perform]

(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; [.1025(m)]

(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 [no exact equivalent in subpart K,

other than drug and alcohol use testing]

(r) Other procedures and policy instructions regarding the certificate holder ʹ s operations that are

issued by the certificate holder. [.1025(r)]

[TOP]

§125.75 Airplane flight manual. [Part 91 subpart A, 91.9]

(a) Each certificate holder shall keep a current approved Airplane Flight Manual or approved

equivalent for each type airplane that it operates. [91.9(b)(1)]

(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. [nothing in Part 91 allows nor prevents from doing

this ]

Subpart D

‐‐ Airplane Requirements Deleted:

Deleted:[TOP]

§125.91 Airplane requirements: General. [With respect to weight and balance, no requirement

exists today under Part 91. Need to understand the impact of inclusion of this requirement within

91F. Initially not recommended for inclusion within 91F]

(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.

[TOP]

§125.93 Airplane limitations. [91.509 and 91.511 list equipment required for flight beyond

100nm/30 minutes from land.

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.

Subpart E

‐‐ Special Airworthiness Requirements [Benefit to 91F unclear. No requirements today

relating to this subpart. Recommend inclusion in 91 as new appendix H]

[TOP]

§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.

[TOP]

§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 materials

are installed in the fuselage as replacements after September 2, 2005, those materials must meet the

flame propagation requirements of §25.856 of this chapter, effective September 2, 2003.

(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.

[Doc. No. 19799, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 43, 68 FR 45084, July 31, 2003]

[TOP]

§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.

[TOP]

§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.

[TOP]

§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 ʺ A ʺ category if a fire therein would

be readily discernible to a member of the crew while at that crewmember ʹ 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 ʺ B ʺ 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 ʺ C ʺ category if they do not conform

with the requirements for the ʺ A ʺ

, ʺ B ʺ

, ʺ D ʺ

, or ʺ E ʺ 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 ʺ D ʺ 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

ʺ E ʺ 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.

[TOP]

§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 ʺ C ʺ 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.

[TOP]

§125.123 Propeller deicing fluid.

If combustible fluid is used for propeller deicing, the certificate holder must comply with §125.153.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§125.131 Fuel lines and fittings in designated fire zones.

Fuel lines and fittings in each designated fire zone must comply with §125.157.

[TOP]

§125.133 Fuel valves.

Each fuel valve must

‐‐

(a) Comply with §125.155;

(b) Have positive stops or suitable index provisions in the ʺ on ʺ and ʺ off ʺ 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.

[TOP]

§125.135 Oil lines and fittings in designated fire zones.

Oil lines and fittings in each designated fire zone must comply with §125.157.

[TOP]

§125.137 Oil valves.

(a) Each oil valve must

‐‐

(1) Comply with §125.155;

(2) Have positive stops or suitable index provisions in the ʺ on ʺ and ʺ off ʺ 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.

[TOP]

§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.

[TOP]

§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 ʹ windshield.

(c) Engine breathers may not discharge into the engine air induction system.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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 betweencomponents (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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.

[TOP]

§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.[TOP]

§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 ʹ s view of the ʺ seat belt ʺ

sign, ʺ no smoking ʺ 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 ʹ s view of the ʺ seat belt ʺ sign, ʺ no smoking ʺ sign, or

required exit sign, unless an auxiliary sign or other approved means for proper notification of the

passenger is provided.

[TOP]

§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.

[TOP]

§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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 16, 56 FR 63762, Dec. 5, 1991]

[TOP]

§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.

Subpart F

‐‐ Instrument and Equipment Requirements

[TOP]

§125.201 Inoperable instruments and equipment. [Requirement exists nearly in its entirety in

91.213, with the exception of FSDO approval (2). Not recommended for inclusion in 91F]

(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 Flight Standards District 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.

[Doc. No. 25780, 56 FR 12310, Mar. 22, 1991]

[TOP]

§125.203 Radio and navigational equipment. [Requirements contained within 91.507

‐ Equipment

requirements: Over

‐ the

‐ top or night VFR operations and 91.511 Radio equipment for overwater

operations. Not recommended for inclusion within 91F]

(a) No person may operate an airplane unless it has two

‐ way radio communications equipment able,

at least in flight, to transmit to, and receive from, ground facilities 25 miles away.

(b) No person may operate an airplane over

‐ the

‐ top unless it has radio navigational equipment able

to receive radio signals from the ground facilities to be used.

(c) Except as provided in paragraph (e) of this section, no person may operate an airplane carrying

passengers under IFR or in extended overwater operations unless it has at least the following radio

communication and navigational equipment appropriate to the facilities to be used which are capable

of transmitting to, and receiving from, at any place on the route to be flown, at least one ground

facility:

(1) Two transmitters, (2) two microphones, (3) two headsets or one headset and one speaker (4) a

marker beacon receiver, (5) two independent receivers for navigation, and (6) two independent

receivers for communications.

(d) For the purposes of paragraphs (c)(5) and (c)(6) of this section, a receiver is independent if the

function of any part of it does not depend on the functioning of any part of another receiver.

However, a receiver that can receive both communications and navigational signals may be used in

place of a separate communications receiver and a separate navigational signal receiver.

(e) 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 overwater

operations in certain geographic areas may be authorized by the Administrator and approved in the

certificate holder ʹ s operations specifications. The following are among the operational factors the

Administrator may consider in granting an authorization:

(1) The ability of the flightcrew to reliably fix the position of the airplane within the degree of

accuracy required by ATC,

(2) The length of the route being flown, and

(3) The duration of the very high frequency communications gap.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 25, 61 FR 7191, Feb. 26, 1996]

[TOP]

§125.204 Portable electronic devices. [Requirement exists within 91.21. Not recommended for

inclusion in 91F]

(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; or

(5) 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)(5) of this section shall be made by that Part 125

certificate holder operating the particular device to be used.

[Doc. No. FAA

‐ 1998

‐ 4954, 64 FR 1080, Jan. 7, 1999]

[TOP]

§125.205 Equipment requirements: Airplanes under IFR [Contained in 91.205, not recommended

for 91F]

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 ʹ 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. Deleted:

.[TOP]

§125.206 Pitot heat indication systems. [Not required for inclusion in subpart F]

(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 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 Director,

indicating that compliance will be achieved at the earliest practicable date.

[Doc. No. 18904, 46 FR 43806, Aug. 31, 1981, as amended by Amdt. 125

‐ 13, 54 FR 39294, Sept. 25, 1989]

[TOP]

§125.207 Emergency equipment requirements. [Requirement exists in 91.503]

(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:

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐

Contents Quantity

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐

Adhesive bandage compressors, 1 in........................... 16

Antiseptic swabs............................................. 20

Ammonia inhalants............................................ 10

Bandage compressors, 4 in.................................... 8

Triangular bandage compressors, 40 in........................ 5

Arm splint, noninflatable.................................... 1

Leg splint, noninflatable.................................... 1

Roller bandage, 4 in......................................... 4

Adhesive tape, 1

‐ in standard roll............................ 2

Bandage scissors............................................. 1

Protective latex gloves or equivalent nonpermeable gloves.... \1\ 1

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐‐‐‐‐‐‐‐‐

\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 are visible to all occupants to notify them when smoking is prohibited and when safety

belts should be fastened. The 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.

(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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 19, 59 FR 1781, Jan. 12, 1994;

Amdt. 125

‐ 22, 59 FR 52643, Oct. 18, 1994; 59 FR 55208, Nov. 4, 1994]

[TOP]

§125.209 Emergency equipment: Extended overwater operations. [This new language is from

121.339]

(a) Except where the Administrator, by amending the operations specifications of the certificate

holder, requires the carriage of all or any specific items of the equipment listed below for any

overwater operation, or upon application of the certificate holder, the Administrator allows deviation

for a particular extended overwater operation, no person may operate an airplane in extended

overwater operations without having on the airplane the following equipment:

(1) A life preserver equipped with an approved survivor locator light, for each occupant of the

airplane.

(2) Enough life rafts (each equipped with an approved survivor locator light) of a rated capacity and

buoyancy to accommodate the occupants of the airplane. Unless excess rafts of enough capacity are

provided, the buoyancy and seating capacity beyond the rated capacity of the rafts must

accommodate all occupants of the airplane in the event of a loss of one raft of the largest rated

capacity.

(3) At least one pyrotechnic signaling device for each life raft.

(4) An approved survival type emergency locator transmitter. Batteries used in this transmitter must

be replaced (or recharged, if the battery is rechargeable) when the transmitter has been in use for

more than 1 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.

(b) The required life rafts, life preservers, and survival type emergency locator transmitter must be

easily accessible in the event of a ditching without appreciable time for preparatory procedures. This

equipment must be installed in conspicuously marked, approved locations.

(c) A survival kit, appropriately equipped for the route to be flown, must be attached to each required

life raft.

125.210 Emergency floatation means

(a) Except as provided in paragraph (b) of this section, no person may operate an airplane in any

overwater operation unless it is equipped with life preservers in accordance with §125.209(a)(1) or

with an approved flotation means for each occupant. This means must be within easy reach of each

seated occupant and must be readily removable from the airplane.

(b) Upon application by the air carrier or commercial operator, the Administrator may approve the

operation of an airplane over water without the life preservers or flotation means required by

paragraph (a) of this section, if the air carrier or commercial operator shows that the water over

which the airplane is to be operated is not of such size and depth that life preservers or flotation

means would be required for the survival of its occupants in the event the flight terminates in that

water.

[TOP]

§125.211 Seat and safety belts. [Contained in 91.517, not recommended for Subpart F]

(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 ʹ 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: Formatted: Bullets and Numbering

Deleted: (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 CO2 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 ʺ D ʺ

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 ... [1](A) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must bear

the label: ʺ This child restraint system conforms to all applicable Federal motor vehicle safety

standards ʺ ;

(B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:

( 1 ) ʺ This child restraint system conforms to all applicable Federal motor vehicle safety standards ʺ ;

and

( 2 ) ʺ THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT ʺ 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

either a label showing approval of a foreign government or a label showing that the seat was

manufactured under the standards of the United Nations;

(D) Notwithstanding any other provisions of this section, booster

‐ type child restraint systems (as

defined in Federal Motor Vehicle 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) 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 ʹ s parent, guardian, or designated attendant, from occupying a child restraint

system furnished by the child ʹ 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 ʹ 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 thecertificate holder ʹ s manual if the seat back does not obstruct any passenger ʹ 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.

[Doc. No. 19799, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 17, 57 FR 42674, Sept. 15, 1992;

Amdt. 125

‐ 26, 61 FR 28422, June 4, 1996]

[TOP]

§125.213 Miscellaneous equipment. [Waivable for deviations. Not recommended for inclusion in

Subpart F]

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 ʹ 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.

[TOP]

§125.215 Operating information required. [Contained in 91.503. Not recommended for inclusion

in Subpart F]

(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 ʹ 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.

[TOP]

§125.217 Passenger information. [Contained in 91.517. Not recommended for inclusion in

Subpart F]

(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. The signs must be so constructed that the crew can turn them on

and off. They must be turned on 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 ʺ No Smoking ʺ 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 ʺ Fasten Seat Belt ʺ 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.

[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992][TOP]

§125.219 Oxygen for medical use by passengers. [recommend for inclusion in Appendix H]

(a) Except as provided in paragraphs (d) and (e) 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 unit to be carried is constructed so that all valves, fittings, and gauges are protected from

damage during that carriage or operation and unless the following conditions are met:

(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 ʹ s approved

maintenance program;

(iii) Free of flammable contaminants on all exterior surfaces; and

(iv) Appropriately secured.

(2) When the oxygen is stored in the form of a liquid, the equipment must have been under the

certificate holder ʹ 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 173.300(a)

‐‐

(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) When oxygen is being used, no person may smoke and no certificate holder may allow any person

to smoke within 10 feet of oxygen storage and dispensing equipment carried under paragraph (a) 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 FAA Flight Standards

district 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.

[TOP]§125.221 Icing conditions: Operating limitations. [Covered in 91.527. Not recommended for

inclusion in Subpart F]

(a) No pilot may take off an airplane that has frost, ice, or snow adhering to any propeller,

windshield, wing, stabilizing or control surface, to a powerplant installation, or to an airspeed,

altimeter, rate of climb, or flight attitude instrument system, except under the follow conditions:

(1) Takeoffs may be made with frost adhering to the wings, or stabilizing or control surfaces, if the

frost has been polished to make it smooth.

(2) Takeoffs may be made with frost under the wing in the area of the fuel tanks if authorized by the

Administrator.

(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) 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

‐‐

(1) Under IFR into known or forecast light or moderate icing conditions; or

(2) Under VFR into known light or moderate icing conditions, unless the airplane 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.

(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.

[45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 18, 58 FR 69629, Dec. 30, 1993]

[TOP]

§125.223 Airborne weather radar equipment requirements. [Waiveable. Not required under Sub.

F, not recommended for inclusion]

(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.

[TOP]

§125.224 Collision Avoidance System. [Waivable. Contained in 91.221. Not recommended for

inclusion in Subpart F]

Link to an amendment published at 68 FR 15903, Apr. 1, 2003.

(a) After December 30, 1993, no person may operate a large airplane that has a passenger seating

configuration, excluding any pilot seat, of more than 30 seats unless it is equipped with an approved

TCAS II traffic alert and collision avoidance system and the appropriate class of Mode S transponder.

(b) The manual required by §125.71 of this part shall contain the following information on the TCAS

II system required by this section.

(1) Appropriate procedures for

‐‐

(i) The operation of the equipment; and

(ii) Proper flightcrew action with respect to the equipment.

(2) An outline of all input sources that must be operating for the TCAS II to function properly.

(c) Effective May 1, 2003, if TCAS II is installed in an airplane for the first time after April 30, 2003,

and before January 1, 2005, no person may operate that airplane without TCAS II that meets TSO C

‐

119b (version 7.0), or a later version.

[Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended by Amdt. 125

‐ 14, 55 FR 13247, Apr. 9, 1990;

Amdt. 125

‐ 41, 68 FR 15903, Apr. 1, 2003]

[TOP]

§125.225 Flight recorders. [Contained in 91.609. Not recommended for inclusion]

(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, ʺ manufactured ʺ 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 ʹ 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.

[Doc. No. 25530, 53 FR 26148, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

[TOP]

§125.226 Digital flight data recorders. [Contained in 91.609 and appendix E/F]. Not recommended

for inclusion]

(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 ʺ when an informationsource is installed ʺ 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; and

(88) All cockpit flight control input forces (control wheel, control column, rudder pedal).

(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.

(f) For all turbine

‐ engine

‐ powered transport category airplanes that are manufactured after August

19, 2002 parameters listed in paragraph (a)(1) through (a)(88) of this section must be recorded within

the ranges, accuracies, resolutions, and recording intervals specified in Appendix E of this part.

(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), (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.

[Doc. No. 28109, 62 FR 38387, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended by Amdt. 125

‐ 42,

68 FR 42937, July 18, 2003; 68 FR 50069, Aug. 20, 2003]

[TOP]

§125.227 Cockpit voice recorders. [Contained in 91.609. Not recommended for inclusion in Subpart

F]

(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.[Doc. No. 25530, 53 FR 26149, July 11, 1988]

125.229 Oxygen Equipment Requirements

(a) Unpressurized aircraft. No person may operate an unpressurized aircraft at altitudes prescribed in

this section unless it is equipped with enough oxygen dispensers and oxygen to supply the pilots

under §125.335(a) and to supply, when flying

‐‐

(1) At altitudes above 10,000 feet through 15,000 feet MSL, oxygen to at least 10 percent of the

occupants of the aircraft, other than the pilots, for that part of the flight at those altitudes that is of

more than 30 minutes duration; and

(2) Above 15,000 feet MSL, oxygen to each occupant of the aircraft other than the pilots.

(b) Pressurized aircraft. No person may operate a pressurized aircraft

‐‐

(1) At altitudes above 25,000 feet MSL, unless at least a 10

‐ minute supply of supplemental oxygen is

available for each occupant of the aircraft, other than the pilots, for use when a descent is necessary

due to loss of cabin pressurization; and

(2) Unless it is equipped with enough oxygen dispensers and oxygen to comply with paragraph (a) of

this section whenever the cabin pressure altitude exceeds 10,000 feet MSL and, if the cabin

pressurization fails, to comply with §125.335(a) or to provide a 2

‐ hour supply for each pilot,

whichever is greater, and to supply when flying

‐‐

(i) At altitudes above 10,000 feet through 15,000 feet MSL, oxygen to at least 10 percent of the

occupants of the aircraft, other than the pilots, for that part of the flight at those altitudes that is of

more than 30 minutes duration; and

(ii) Above 15,000 feet MSL, oxygen to each occupant of the aircraft, other than the pilots, for one hour

unless, at all times during flight above that altitude, the aircraft can safely descend to 15,000 feet MSL

within four minutes, in which case only a 30

‐ minute supply is required.

(c) The equipment required by this section must have a means ‐‐

(1) To enable the pilots to readily determine, in flight, the amount of oxygen available in each source

of supply and whether the oxygen is being delivered to the dispensing units; or

(2) In the case of individual dispensing units, to enable each user to make those determinations with

respect to that person ʹ s oxygen supply and delivery; and

(3) To allow the pilots to use undiluted oxygen at their discretion at altitudes above 25,000 feet MSL.

Subpart G

‐‐ Maintenance

[TOP]

§125.241 Applicability. [Part 91, subpart E, 91.401(a)]

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.[TOP]

§125.243 Certificate holder ʹ s responsibilities. [Not required for 91F]

(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 ʹ 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 ʹ s manual, and which indicate that the airplane has been approved for return to service after

maintenance, preventive maintenance, or alteration has been performed.

[TOP]

§125.245 Organization required to perform maintenance, preventive maintenance, and alteration.

[Similar to requirements in Part 91, subpart E, 91.403(a), but refers to the “owner or operator’

responsibilities]

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 ʹ s manual in accordance with §125.249(a)(3)(ii) must have an organization adequate

to perform that work.

[TOP]

§125.247 Inspection programs and maintenance. [Covered by section of Part 91, subpart E]

(a) No person may operate an airplane subject to this part unless [91.403(a)]

(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; [91.403(c)]

(2) Defects disclosed between inspections, or as a result of inspection, have been corrected in

accordance with part 43 of this chapter; and [91.7(a),(b)]

(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. [91.403(c)]

(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. [91.409(g)]

(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. [91.409(g)]

(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. [91.403(b)](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 [91.409(e)]

(2) The engine overhaul periods are specified in the inspection programs required by §125.247(a)(3).

[91.409(e)]

(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; [91.409(f) (1)]

(2) Inspection programs currently recommended by the manufacturer of the airplane, aircraft

engines, propellers, appliances, or survival and emergency equipment; or [91.409(f) (3)]

(3) An inspection program developed by a certificate holder under this part. [91.409(g)]

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 2, 46 FR 24409, Apr. 30, 1981]

[TOP]

§125.248 Special maintenance program requirements. [same as Part91, subpart E,91.410]

(a) No person may operate an Airbus Model A300 (exlcuding 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

FAA Aircraft Certification Office (ACO), or office of the Transport Airplane Directorate, having

cognizance over 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) After December 6, 2004, no certificate holder may operate a turbine

‐ powered transport category

airplane with a type certificate issued after January 1, 1958, and either a maximum type certificated

passenger capacity of 30 or more, or a maximum type certificated payload capacity of 7,500 pounds

or more unless instructions for maintenance and inspection of the fuel tank system are incorporated

in its inspection program. These instructions must address the actual configuration of the fuel tank

systems of each affected airplane and must be approved by the FAA Aircraft Certification Office

(ACO), or office of the Transport Airplane Directorate, having cognizance over the type certificate for

the affected airplane. Operators must submit their request through an appropriate FAA Principal

Maintenance Inspector, who may add comments and then send it to the manager of the appropriate

office. Thereafter, the approved instructions can be revised only with the approval of the FAA

Aircraft Certification Office (ACO), or office of the Transport Airplane Directorate, having cognizance

over the type certificate for the affected airplane. Operators must submit their requests for revisions

through an appropriate FAA Principal Maintenance Inspector, who may add comments and then

send it to the manager of the appropriate office.

[Doc. No. 29104, 65 FR 24126, Apr. 25, 2000; 65 FR 50744, Aug. 21, 2000, as amended by Amdt. 125

‐ 36,

66 FR 23131, May 7, 2001; Amdt. 125

‐ 40, 67 FR 72834, Dec. 9, 2002]

[TOP]

§125.249 Maintenance manual requirements. [ not required for 91F ]

(a) Each certificate holder ʹ 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 ʹ 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

( ʺ buy

‐ back procedures ʺ );

(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 ʹ 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 ʹ s certificate type and number.

(3) The name of the person approving the work and the person ʹ s certificate type and number.

[TOP]

§125.251 Required inspection personnel. [ Parts 91.403 (b), and 43.3 and .13 ]

(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. [ no direct equivalent in Part 91]

Subpart H

‐‐ Airman and Crewmember Requirements

[TOP]

§125.261 Airman: Limitations on use of services. [Not specifically listed under 91. Other parts of

91 contain requirements. Not recommended for inclusion in Subpart F]

(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 ʹ 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.

[TOP]

§125.263 Composition of flightcrew. [No requirement, recommend inclusion in Subpart F]

(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 ʹ 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 ʹ s certificate to perform the flight engineer ʹ s functions in such a

situation.

[TOP]

§125.265 Flight engineer requirements. [No requirement, recommend inclusion in Subpart F]

(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.

[TOP]

§125.267 Flight navigator and long

‐ range navigation equipment. [no longer relevant crew stations.

Recommend no inclusion in subpart F]

(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 ʹ 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.

[TOP]

§125.269 Flight attendants. [need additional quidance from group]

(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 ʹ 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.

[TOP]

§125.271 Emergency and emergency evacuation duties. [not recommended for inclusion in

subpart f](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.

Subpart I

‐‐ Flight Crewmember Requirements

[TOP]

§125.281 Pilot

‐ in

‐ command qualifications. [Waivable, not recommended for inclusion in Subpart

F]

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.

[TOP]

§125.283 Second

‐ in

‐ command qualifications. [Waivable, not recommended for inclusion in

Subpart F]

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.

125.284 Operating experience [This comes from 135.244]

(a) No certificate holder may use any person, nor may any person serve, as a pilot in command of an

aircraft operated under this part unless that person has completed, prior to designation as pilot in

command, on that make and basic model aircraft and in that crewmember position, the following

operating experience in each make and basic model of aircraft to be flown:

(1) Aircraft, single engine

‐‐ 10 hours.

(2) Aircraft multiengine, reciprocating engine

‐ powered

‐‐ 15 hours.

(3) Aircraft multiengine, turbine engine

‐ powered

‐‐ 20 hours.

(4) Airplane, turbojet

‐ powered

‐‐ 25 hours.

(b) In acquiring the operating experience, each person must comply with the following:(1) The operating experience must be acquired after satisfactory completion of the appropriate

ground and flight training for the aircraft and crewmember position. Approved provisions for the

operating experience must be included in the certificate holder ʹ s training program.

(2) Each person must acquire the operating experience while performing the duties of a pilot in

command under the supervision of a current and qualified pilot in command.

(3) The hours of operating experience may be reduced to not less than 50 percent of the hours

required by this section by the substitution of one additional takeoff and landing for each hour of

flight.

[TOP]

§125.285 Pilot qualifications: Recent experience. [contained in part 61.57. Not recommended for

inclusion]

(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 ʹ 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 ʹ 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)(3) 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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 27, 61 FR 34561, July 2, 1996]

[TOP]

§125.287 Initial and recurrent pilot testing requirements.

(a) No certificate holder may use a pilot, nor may any person serve as a pilot, unless, since the

beginning of the 12th calendar month before that service, that pilot has passed a written or oral test,given by the Administrator or an authorized check pilot, on that pilot ʹ s knowledge in the following

areas ‐‐

(1) The appropriate provisions of parts 61, 91, and 135 of this chapter and the operations

specifications and the manual of the certificate holder;

(2) For each type of aircraft to be flown by the pilot, the aircraft powerplant, major components and

systems, major appliances, performance and operating limitations, standard and emergency

operating procedures, and the contents of the approved Aircraft Flight Manual or equivalent, as

applicable;

(3) For each type of aircraft 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 or 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

‐‐

(i) Recognizing and avoiding severe weather situations;

(ii) Escaping from severe weather situations, in case of inadvertent encounters, including low

‐ altitude

windshear (except that rotorcraft pilots are not required to be tested on escaping from low

‐ altitude

windshear); and

(iii) Operating in or near thunderstorms (including best penetrating altitudes), turbulent air

(including clear air turbulence), icing, hail, and other potentially hazardous meteorological

conditions; and

(8) New equipment, procedures, or techniques, as appropriate.

(b) No certificate holder may use a pilot, nor may any person serve as a pilot, in any aircraft unless,

since the beginning of the 12th calendar month before that service, that pilot has passed a competency

check given by the Administrator or an authorized check pilot in that class of aircraft, if single

‐ engine

airplane other than turbojet, or that type of aircraft, if helicopter, multiengine airplane, or turbojet

airplane, to determine the pilot ʹ s competence in practical skills and techniques in that aircraft or class

of aircraft. The extent of the competency check shall be determined by the Administrator or

authorized check pilot 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

aircraft 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. For the purposes of this

paragraph, type, as to a helicopter, means a basic make and model.

(c) The instrument proficiency check required by §135.297 may be substituted for the competency

check required by this section for the type of aircraft used in the check.

(d) For the purpose 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 aircraft, with the successful

outcome of the maneuver never in doubt.

(e) The Administrator or authorized check pilot certifies the competency of each pilot who passes the

knowledge or flight check in the certificate holder ʹ s pilot records.(f) Portions of a required competency check may be given in an aircraft simulator or other

appropriate training device, if approved by the Administrator.

[TOP]

§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 ʹ s operations manual.

[TOP]

§125.291 Pilot in command: Instrument proficiency check requirements.

(a) No certificate holder may use a pilot, nor may any person serve, as a pilot in command of an

aircraft under IFR unless, since the beginning of the 6th calendar month before that service, that pilot

has passed an instrument proficiency check under this section administered by the Administrator or

an authorized check pilot.

(b) No pilot may use any type of precision instrument approach procedure under IFR unless, since

the beginning of the 6th calendar month before that use, the pilot satisfactorily demonstrated that

type of approach procedure. No pilot may use any type of nonprecision approach procedure under

IFR unless, since the beginning of the 6th 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. 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 supercharger 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. Each pilot taking the instrument

proficiency check must show that standard of competence required by §135.293(d). Deleted: ¶

(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 ʹ 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,

Deleted:

. ¶ ... [2](1) The instrument proficiency check must

‐‐

(i) For a pilot in command of an airplane under §135.243(a), include the procedures and maneuvers

for an airline transport pilot certificate in the particular type of airplane, if appropriate; and

(ii) For a pilot in command of an airplane or helicopter under §135.243(c), 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 aircraft, that pilot must take the

instrument proficiency check required by paragraph (a) of this section in that type of aircraft.

(e) If the pilot in command is assigned to pilot more than one type of aircraft, that pilot must take the

instrument proficiency check required by paragraph (a) of this section in each type of aircraft 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) If the pilot in command is assigned to pilot both single

‐ engine and multiengine aircraft, that pilot

must initially take the instrument proficiency check required by paragraph (a) of this section in a

multiengine aircraft, and each succeeding check alternately in single

‐ engine and multiengine aircraft,

but not more than one flight check during each period described in paragraph (a) of this section.

Portions of a required flight check may be given in an aircraft simulator or other appropriate training

device, if approved by the Administrator.

(g) If the pilot in command is authorized to use an autopilot system in place of a second in command,

that pilot must show, during the required instrument proficiency check, that the pilot is able (without

a second in command) both with and without using the autopilot to

‐‐

(1) Conduct instrument operations competently; and

(2) Properly conduct air

‐ ground communications and comply with complex air traffic control

instructions.

(3) Each pilot taking the autopilot check must show that, while using the autopilot, the airplane can

be operated as proficiently as it would be if a second in command were present to handle air

‐ ground

communications and air traffic control instructions. The autopilot check need only be demonstrated

once every 12 calendar months during the instrument proficiency check required under paragraph (a)

of this section.

(h) The certificate holder may accept a current IPC conducted in the same aircraft type under FAR

Parts 135 or 121 as meeting the requirements of this section.

[TOP]

§125.293 Crewmember: Tests and checks, grace provisions, accepted standards. [not allowed

under 91. Recommend no inclusion in subpart F]

(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 ʹ 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. Deleted: ¶

(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 ... [3][TOP]

§125.295 Check airman authorization: Application and issue. [recommend inclusion in Subpart F]

Each certificate holder desiring FAA approval of a check airman shall submit a request in writing to

the FAA Flight Standards district 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.

[TOP]

§125.296 Training, testing, and checking conducted by training centers: Special rules. [Part 91

allows training in simulators. Not recommended for inclusion in Subpart K]

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.

[Doc. No. 26933, 61 FR 34561, July 2, 1996]

[TOP]

§125.297 Approval of flight simulators and flight training devices. [part 91/61 allows training in

simulators. Recommend no inclusion in Subpart K]

(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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 27, 61 FR 34561, July 2, 1996]



## 125.299 Drug and alcoho l misuse education program

a) Each program manager must provide each direct employee performing flight

crewmember, flight attendant, flight instructor , or aircraft maintenance duties with drug

and alcohol misuse education. Formatted: Font: Times New Roman, 10 pt

Formatted: Font: 10 pt

## (b) No program manager may use any contract employee to perform flight crewmember,

flight attendant, flight instructor, or aircraft maintenance duties for the program manager

unless that contract employee has been provid ed with drug and alcohol misuse education.

(c) Program managers must disclose to their owners and prospective owners the existence

of a company drug and alcohol misuse testing program. If the program manager has

implemented a company testing program, the program manager's disclosure must include

the following:

(1) Information on the substances that they t est for, for example, alcohol and a list of the

drugs;

(2) The categories of employees tested, the ty pes of tests, for example, pre-employment,

random, reasonable cause/suspicion, post accident, return to duty and follow-up; and

(3) The degree to which the program manage r's company testing program is comparable

to the federally mandated drug and alcohol misuse prevention program required under

part 121, appendices I and J, of this chapter, regarding the information in paragraphs

(c)(1) and (c)(2) of this section.

(d) If a program aircraft is operated on a program flight into an airport at which no

maintenance personnel are available that are su bject to the requirements of paragraphs (a)

or (b) of this section and emergency maintenance is required, the program manager may

use persons not meeting the requirements of pa ragraphs (a) or (b) of this section to

provide such emergency maintenance under both of the following conditions:

(1) The program manager must notify th e Drug Abatement Program Division, AAM–

800, 800 Independence Avenue, SW., Washingt on, DC 20591 in writing within 10 days

after being provided emergency maintenance in accordance with this paragraph. The

program manager must retain copies of all such written notifications for two years.

(2) The aircraft must be reinspected by maintenance personnel who meet the

requirements of paragraph (a) or (b) of this section when the aircraft is next at an airport

where such maintenance personnel are available.

(e) For purposes of this section, emergency maintenance means maintenance that—

(1) Is not scheduled, and

(2) Is made necessary by an aircraft conditi on not discovered prior to the departure for

that location.

(f) Notwithstanding paragra phs (a) and (b) of this section, drug and alcohol misuse

education conducted under an FAA-approved drug and alcohol misuse prevention

program may be used to sa tisfy these requirements.

Subpart J

‐‐ Flight Operations

125.307 Responsibilities for operational control

Each certificate holder is responsible for operational control and shall list, in the manual required by

§125.73(a), the name and title of each person authorized by it to exercise operational control.

125.309 Flight crewmember duties Formatted: Left

Formatted: Font: Not Bold

Formatted: Left(a) No certificate holder shall require, nor may any flight crewmember perform, any duties during a

critical phase of flight except those duties required for the safe operation of the aircraft. Duties such

as company required calls made for such nonsafety related purposes as ordering galley supplies and

confirming passenger connections, announcements made to passengers promoting the air carrier or

pointing out sights of interest, and filling out company payroll and related records are not required

for the safe operation of the aircraft.

(b) No flight crewmember may engage in, nor may any pilot in command permit, any activity during

a critical phase of flight which could distract any flight crewmember from the performance of his or

her duties or which could interfere in any way with the proper conduct of those duties. Activities

such as eating meals, engaging in nonessential conversations within the cockpit and nonessential

communications between the cabin and cockpit crews, and reading publications not related to the

proper conduct of the flight are not required for the safe operation of the aircraft.

(c) For the purposes of this section, critical phases of flight includes all ground operations involving

taxi, takeoff and landing, and all other flight operations conducted below 10,000 feet, except cruise

flight.

Note: Taxi is defined as ʺ movement of an airplane under its own power on the surface of an airport. ʺ

[TOP]

§125.311 Flight crewmembers at controls. [Contained in 91.105. Not recommended for inclusion in

Subpart F]

(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 ʹ s absence is necessary for the performance of duties in connection with the

operation of the airplane;

(2) If the crewmember ʹ 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.

[TOP]

§125.313 Manipulation of controls when carrying passengers. [No prohibition under part 91. Not

recommended for inclusion]

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.

[TOP]

§125.315 Admission to flight deck. [Not prohibited under 91, not recommended for inclusion in

Subpart F(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.

[TOP]

§125.317 Inspector ʹ s credentials: Admission to pilots ʹ compartment: Forward observer ʹ s seat. [not

required under 91, not recommended for inclusion in Subpart F]

(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 ʹ 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.

[TOP]

§125.319 Emergencies [Contained in 91.3(b) and (c). Not recommended for inclusion in Subpart

F]

.

(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 ʹ 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.

[TOP]§125.321 Reporting potentially hazardous meteorological conditions and irregularities of ground

and navigation facilities. [not contained in Part 91, not recommended for inclusion in Subpart F]

Whenever the pilot in command encounters a meteorological condition or an irregularity in a ground

or navigational facility 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.

[TOP]

§125.323 Reporting mechanical irregularities. [Not required under Part 91, Not recommended for

inclusion in Subpart F]

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.

[TOP]

§125.325 Instrument approach procedures and IFR landing minimums. [Concept not required for

Part 91. Not recommended for inclusion in Subpart F]

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 ʹ s operations specifications.

[TOP]

§125.327 Briefing of passengers before flight. [Contained in 91.519, not recommended for

inclusion in Subpart F]

(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 ʹ 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.

Each card used under this paragraph must be carried in the airplane in locations convenient for the

use of each passenger and must contain information that is appropriate to the airplane on which it is

to be used.

(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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 17, 57 FR 42675, Sept. 15, 1992]

[TOP]

§125.328 Prohibition on crew interference. [Contained in 91.11. Not recommended for inclusion in

Subpart F]

No person may assault, threaten, intimidate, or interfere with a crewmember in the performance of

the crewmember ʹ s duties aboard an aircraft being operated under this part.

[Doc. No. FAA

‐ 1998

‐ 4954, 64 FR 1080, Jan. 7, 1999]

[TOP]

§125.329 Minimum altitudes for use of autopilot. [Contained within Cat II requirements. Not

recommended for inclusion in subpart F]

(a) Except as provided in paragraphs (b), (c), (d), and (e) of this section, no person may use an

autopilot at an altitude above the terrain which is less than 500 feet or less than twice the maximum

altitude loss specified in the approved Airplane Flight Manual or equivalent for a malfunction of the

autopilot, whichever is higher.

(b) When using an instrument approach facility other than ILS, no person may use an autopilot at an

altitude above the terrain that is less than 50 feet below the approved minimum descent altitude for

that procedure, or less than twice the maximum loss specified in the approved Airplane Flight

Manual or equivalent for a malfunction of the autopilot under approach conditions, whichever is

higher.

(c) For ILS approaches when reported weather conditions are less than the basic weather conditions

in §91.155 of this chapter, no person may use an autopilot with an approach coupler at an altitude

above the terrain that is less than 50 feet above the terrain, or the maximum altitude loss specified in

the approved Airplane Flight Manual or equivalent for the malfunction of the autopilot with

approach coupler, whichever is higher.(d) Without regard to paragraph (a), (b), or (c) of this section, the Administrator may issue operations

specifications to allow the use, to touchdown, of an approved flight control guidance system with

automatic capability, if

‐‐

(1) The system does not contain any altitude loss (above zero) specified in the approved Airplane

Flight Manual or equivalent for malfunction of the autopilot with approach coupler; and

(2) The Administrator finds that the use of the system to touchdown will not otherwise adversely

affect the safety standards of this section.

(e) Notwithstanding paragraph (a) of this section, the Administrator issues operations specifications

to allow the use of an approved autopilot system with automatic capability during the takeoff and

initial climb phase of flight provided:

(1) The Airplane Flight Manual specifies a minimum altitude engagement certification restriction;

(2) The system is not engaged prior to the minimum engagement certification restriction specified in

the Airplane Flight Manual or an altitude specified by the Administrator, whichever is higher; and

(3) The Administrator finds that the use of the system will not otherwise affect the safety standards

required by this section.

[Doc. No. 19779, 45 FR 67325, Oct. 9, 1980, as amended by Amdt. 125

‐ 12, 54 FR 34332, Aug. 18, 1989;

Amdt. 125

‐ 29, 62 FR 27922, May 21, 1997]

[TOP]

§125.331 Carriage of persons without compliance with the passenger

‐ carrying provisions of this

part. [Not recommended for inclusion in subpart F]

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.

[TOP]

§125.333 Stowage of food, beverage, and passenger service equipment during airplane movement

on the surface, takeoff, and landing. [Contained in 91.535. Not recommended for inclusion in

Subpart F]

(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.

[Doc. No. 26142, 57 FR 42675, Sept. 15, 1992]

125.335 Pilot requirements: Use of Oxygen

(a) Unpressurized aircraft. Each pilot of an unpressurized aircraft shall use oxygen continuously when

flying

‐‐

(1) At altitudes above 10,000 feet through 12,000 feet MSL for that part of the flight at those altitudes

that is of more than 30 minutes duration; and

(2) Above 12,000 feet MSL.

(b) Pressurized aircraft. (1) Whenever a pressurized aircraft is operated with the cabin pressure altitude

more than 10,000 feet MSL, each pilot shall comply with paragraph (a) of this section.

(2) Whenever a pressurized aircraft is operated at altitudes above 25,000 feet through 35,000 feet MSL,

unless each pilot has an approved quick

‐ donning type oxygen mask

‐‐

(i) At least one pilot at the controls shall wear, secured and sealed, an oxygen mask that either

supplies oxygen at all times or automatically supplies oxygen whenever the cabin pressure altitude

exceeds 12,000 feet MSL; and

(ii) During that flight, each other pilot on flight deck duty shall have an oxygen mask, connected to an

oxygen supply, located so as to allow immediate placing of the mask on the pilot ʹ s face sealed and

secured for use.

(3) Whenever a pressurized aircraft is operated at altitudes above 35,000 feet MSL, at least one pilot at

the controls shall wear, secured and sealed, an oxygen mask required by paragraph (b)(2)(i) of this

section.

(4) If one pilot leaves a pilot duty station of an aircraft when operating at altitudes above 25,000 feet

MSL, the remaining pilot at the controls shall put on and use an approved oxygen mask until the

other pilot returns to the pilot duty station of the aircraft.

Subpart K

‐‐ Flight Release Rules

[TOP]

§125.351 Flight release authority. [ Formal flight release not required by 91F ]

(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

certificate 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 Deleted:

Deleted: cetificatecontrol 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.

[TOP]

§125.353 Facilities and services. [ not exact equivalent in Part 91, but is common sense]

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.

[TOP]

§125.355 Airplane equipment. [ Part 91.203(a)(1) requires an aircraft to be airworthy ]

No person may release an airplane unless it is airworthy and is equipped as prescribed.

[TOP]

§125.357 Communication and navigation facilities. [ Part 91.3 and .103 requires the PIC to comply

with the intent of this paragraph ]

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.

[TOP]

§125.359 Flight release under VFR. [ same intent is accomplished by the PIC when operating to

Part 91.155 flight rules ]

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.

[TOP]

§125.361 Flight release under IFR or over

‐ the

‐ top.

a) Except as provided in Paragraph b below and §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.

b 

## ) No pilot on a program aircraft operating a program flight may begin an instrument

approach procedure to an airport unless—

(1) Either that airport or the alternate airport has a weather reporting facility

operated by the U.S. National Weather Service, a source approved by the U.S. National

Weather Service, or a source approved by the Administrator;

2) For flight planning purposes, if the destination airport does not have a

weather reporting facility described in paragraph b1 of this section, the pilot must Formatted: Font: Times New Roman, 10 pt

Formatted: Font: 10 pt

Formatted: Indent: First line: 0.5" Deleted: [ same intent is accomplished by the

PIC when operating to Part 91, subpart B

Flight Rules ]

## designate as an alternate an airport that has a weather reporting facility meeting that

criteria

[TOP]

§125.363 Flight release over water. [ Paragraph (a) intent is accomplished by the PIC when

operating to Part 91, subpart B Flight Rules ]

[Paragraph (b) (c) (d) are not applicable to Part 91F operations]

(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.

[TOP]

§125.365 Alternate airport for departure. [ Part 91, subpart B requires similar actions for Part 91F

operations]

(a) If the weather conditions at the airport of takeoff are below the landing minimums in the

certificate holder ʹ 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 ʹ 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.

[TOP]

§125.367 Alternate airport for destination: IFR or over

‐ the

‐ top. [similar intent is accomplished by

the PIC when operating to Part 91, subpart B Flight Rules]

(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. Formatted: Font: 10 pt(c) For the purposes of paragraph (a) of this section, the weather requirements at the alternate airport

must meet the requirements of the operator ʹ s operations specifications.

(d) No person may release a flight unless that person lists each required alternate airport in the flight

release.

[TOP]

§125.369 Alternate airport weather minimums. [ similar intent is accomplished by the PIC when

operating to Part 91, subpart B Flight Rules, paragraph 91 .167( c ) ]

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 ʹ s operations

specifications for that airport when the flight arrives.

[TOP]

§125.371 Continuing flight in unsafe conditions. [ similar intent is accomplished by the PIC

when operating to Part 91, subpart B Flight Rules, paragraph 91 .3 (a) and (b) ]

(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.

[TOP]

§125.373 Original flight release or amendment of flight release. [ formal flight release not

required by 91F, however the safety intent of these requirements are achieved by the PIC when

operating to Part 91, subpart B Flight Rule ]

(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.

[TOP]

§125.375 Fuel supply: Nonturbine and turbopropeller

‐ powered airplanes. [ similar intent is

accomplished by the PIC when operating to Part 91, subpart B Flight Rules, paragraph 91 .151 and

91.167 ]

(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.

[TOP]

§125.377 Fuel supply: Turbine

‐ engine

‐ powered airplanes other than turbopropeller. [ similar

intent is accomplished by the PIC when operating to Part 91, subpart B Flight Rules, paragraph 91

.151 and 91.167 ]

(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.

[TOP]

§125.379 Landing weather minimums: IFR. [ no equivalent requirements for Part 91F operations ](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 DH and visibility landing minimums in the certificate holder ʹ s

operations specification are increased by 100 feet and one

‐ half mile (or the RVR equivalent). The

MDA or 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 ʹ 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.

[TOP]

§125.381 Takeoff and landing weather minimums: IFR. [ no equivalent requirements for Part 91F

operations, however the safety intent of these requirements are achieved by the PIC when

operating to Part 91, subpart B Flight Rule ]

(a) Regardless of any clearance from ATC, if the reported weather conditions are less than that

specified in the certificate holder ʹ s operations specifications, no pilot may ‐‐

(1) Take off an airplane under IFR; or

(2) Except as provided in paragraph (c) of this section, land an airplane under IFR.

(b) Except as provided in paragraph (c) 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 ʹ s operations specifications.

(c) If a pilot initiates an instrument approach procedure when the latest weather report indicates that

the specified visibility minimums exist, and a later weather report indicating below minimums

conditions is received after the airplane

‐‐

(1) Is on an ILS final approach and has passed the outer marker,

(2) Is on final approach segment using a nonprecision approach procedure, or

(3) Is on PAR final approach and has been turned over to the final approach controller, the approach

may be continued and a landing may be made if the pilot in command finds, upon reaching the

authorized MAP or DH, that actual weather conditions are at least equal to the minimums prescribed

in the operations specifications.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 2, 46 FR 24409, Apr. 30, 1981]

[TOP]

§125.383 Load manifest. [ Part 91F does not require a formal load manifest, however the PIC is

responsible to ensure that the airplane is loaded properly during flight planning (part 91.3). The

remaining data requirements of paragraph (a) are similar to those documented in an the Part

91.153, and .169 Flight Plan requirements ]

(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.

Subpart L

‐‐ Records and Reports

[TOP]

§125.401 Crewmember record. [ no equivalent requirements for Part 91F operations ]

(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.

124.402 Retention and Contents of Contracts

a) The contracts shall contain the following information

i) Signatories of the contract including:

a) Name and signature of the operator and,

b) Name and signature of the customer or,.

c) If an intermediary is used as a lawful agent of the customer, the name and

signature of the intermediary must be included in addition to the name of the

customer. Formatted: Indent: Left: 1"ii) Effective date and expiration date of the contract

b) The contracts referred to in section 125.31(b)(6) shall be retained for 12 calendar months beyond

the expiration of the contract after the current calendar year.

[TOP]

§125.403 Flight release form. [ no equivalent requirements for Part 91F operations ]

(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.

[TOP]

§125.405 Disposition of load manifest, flight release, and flight plans. [ no equivalent

requirements for Part 91F operations ]

(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 thecertificate 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.

[TOP]

§125.407 Maintenance log: Airplanes. [ Part 91, subpart E

– Maintenance, Preventative

Maintenance, and Alterations, paragraph 91.417 satisfies para. (a) and (b) ]

(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.

[TOP]

§125.409 Reports of defects or unairworthy conditions. [ Part 91F does not specifically require

this, however the intent is satisfied by the following: NTSB 49CFR Part 830, requires the airplane

operator (pilot, owner, lessee) to report any aircraft accidents or incidents. In addition, FAA Repair

Stations are required by Part 21.3 to report defects and un

‐ airworthy conditions the same as

required here. The FAA, via Advisory Circular also encourages voluntary reporting of defects and

un

‐ airworthy conditions noted by pilots and certificated mechanics.]

Link to an amendment published at 65 FR 56203, Sept. 15, 2000.

This amendment was delayed until July 16, 2001, at 65 FR 80743, Dec. 22, 2000.

This amendment was delayed until Jan. 16, 2002, at 66 FR 21626, Apr. 30, 2001.

This amendment was delayed until Jan. 16, 2003, at 66 FR 58912, Nov. 23, 2001.

This amendment was delayed until Jan. 16, 2004, at 67 FR 78970, Dec. 27, 2002.

(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) The report must be made within 72 hours to the FAA Flight Standards district office in whose area

the certificate holder has its principal operations base. The procedures to be used in complying with

this section must be made a part of the manual procedures required by §125.73(f).

[TOP]

§125.410 Service difficulty reports (structural). [ no equivalent requirements for Part 91F

operations ]

Link to an amendment published at 65 FR 56204, Sept. 15, 2000.

This amendment was delayed until July 16, 2001, at 65 FR 80743, Dec. 22, 2000.

This amendment was delayed until Jan. 16, 2002, at 66 FR 21626, Apr. 30, 2001.This amendment was delayed until Jan. 16, 2003, at 66 FR 58912, Nov. 23, 2001.

This amendment was delayed until Jan. 16, 2004, at 67 FR 78970, Dec. 27, 2002.

(a) Each certificate holder shall report the occurrence or detection of each failure or defect related to

‐‐

(1) Corrosion, cracks, or disbonding that requires replacement of the affected part;

(2) Corrosion, cracks, or disbonding that requires rework or blendout because the corrosion, cracks,

or disbonding exceeds the manufacturer ʹ s established allowable damage limits;

(3) Cracks, fractures, or disbonding in a composite structure that the equipment manufacturer has

designated as a primary structure or a principal structural element; or

(4) Repairs made in accordance with approved data not contained in the manufacturer ʹ s maintenance

manual.

(b) In addition to the reports required by paragraph (a) of this section, each certificate holder shall

report any other failure or defect in aircraft structure that occurs or is detected at any time if that

failure or defect has endangered or may endanger the safe operation of an aircraft.

(c) 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 a

centralized collection point as specified by the Administrator. Each report of occurrences during a 24

‐

hour period shall be submitted to the FAA 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 workday. For aircraft operating in areas where mail is not collected, reports

may be submitted within 24 hours after the aircraft returns to a point where the mail is collected.

Each certificate holder also shall make the report data available for 30 days for examination by the

certificate

‐ holding district office in a form and manner acceptable to the Administrator.

(d) The certificate holder shall submit the reports required by this section on a form or in another

format acceptable to the Administrator. The reports shall include the following information:

(1) The manufacturer, model, serial number, and registration number of the aircraft;

(2) The operator designator;

(3) The date on which the failure or defect was discovered;

(4) The stage of ground operation during which the failure or defect was discovered;

(5) The part name, part condition, and location of the failure or defect;

(6) The applicable Joint Aircraft System/Component Code;

(7) The total cycles, if applicable, and total time of the aircraft;

(8) Other information necessary for a more complete analysis of the cause of the failure or defect,

including corrosion classification, if applicable, or crack length and available information pertaining

to type designation of the major component and the time since the last maintenance overhaul, repair,

or inspection; and

(9) A unique control number for the occurrence, in a form acceptable to the Administrator.

(e) A certificate holder that also is the holder of a Type Certificate (including a Supplemental Type

Certificate), a Parts Manufacturer Approval, or a Technical Standard Order authorization, or that is a

licensee of a Type Certificate holder, need not report a failure or defect under this section if the failure

or defect has been reported by that certificate holder under §21.3 of this chapter or under the accident

reporting provisions of 49 CFR part 830.(f) A report required by this section may be submitted by a certificated repair station when the

reporting task has been assigned to that repair station by the part 125 certificate holder. However, the

part 125 certificate holder remains primarily responsible for ensuring compliance with the provisions

of this section. The part 125 certificate holder shall receive a copy of each report submitted by the

repair station.

(g) No person may withhold a report required by this section although all information required by

this section is not available.

(h) When a certificate holder gets supplemental information to complete the report required by this

section, the certificate holder shall expeditiously submit that information as a supplement to the

original report and use the unique control number from the original report.

Effective Date Note: By Amdt. 125

‐ 35, 65 FR 56204, Sept. 15, 2000, §125.410 was added, effective Jan.

16, 2001. At 65 FR 80743, Dec. 22, 2000, the effective date was delayed until July 16, 2001. At 66 FR

21626, Apr. 30, 2001, the effective date was delayed until Jan. 16, 2002. At 66 FR 58912, Nov. 23, 2001,

the effective date was delayed until Jan. 16, 2003. At 67 FR 78970, Dec. 27, 2002, the effective date was

delayed until Jan. 16, 2004.

[TOP]

§125.411 Airworthiness release or maintenance record entry. [ similar intent achieved by the

requirements of Part 91, subpart E, Part 43 and Part 145 ]

(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 ʹ 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 ʹ s manual;

(2) Include a certification that

‐‐

(i) The work was performed in accordance with the requirements of the certificate holder ʹ 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.Subpart M

‐ Training [numbering for this section for follow current scheme][125 group reserves final

approval pending outcome of training group recommendations]

[TOP]

§135.321 Applicability and terms used.

Link to an amendment published at 68 FR 54588, Sept. 17, 2003.

(a) Except as provided in §135.3, this subpart prescribes the requirements applicable to

‐‐

(1) A certificate holder under this part which contracts with, or otherwise arranges to use the services

of a training center certificated under part 142 to perform training, testing, and checking functions;

(2) Each certificate holder for establishing and maintaining an approved training program for

crewmembers, check airmen and instructors, and other operations personnel employed or used by

that certificate holder; and

(3) Each certificate holder for the qualification, approval, and use of aircraft simulators and flight

training devices in the conduct of the program.

(b) For the purposes of this subpart, the following terms and definitions apply:

(1) Initial training. The training required for crewmembers who have not qualified and served in the

same capacity on an aircraft.

(2) Transition training. The training required for crewmembers who have qualified and served in the

same capacity on another aircraft.

(3) Upgrade training. The training required for crewmembers who have qualified and served as second

in command on a particular aircraft type, before they serve as pilot in command on that aircraft.

(4) Differences training. The training required for crewmembers who have qualified and served on a

particular type aircraft, when the Administrator finds differences training is necessary before a

crewmember serves in the same capacity on a particular variation of that aircraft.

(5) Recurrent training. The training required for crewmembers to remain adequately trained and

currently proficient for each aircraft, crewmember position, and type of operation in which the

crewmember serves.

(6) In flight. The maneuvers, procedures, or functions that must be conducted in the aircraft.

(7) Training center. An organization governed by the applicable requirements of part 142 of this

chapter that provides training, testing, and checking under contract or other arrangement to

certificate holders subject to the requirements of this part.

(8) Requalification training. The training required for crewmembers previously trained and qualified,

but who have become unqualified due to not having met within the required period the

‐‐

(i) Recurrent pilot testing requirements of §135.293;

(ii) Instrument proficiency check requirements of §135.297; or

(iii) Line checks required by §135.299.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 121

‐ 250, 60 FR 65950, Dec. 20, 1995;

Amdt. 135

‐ 63, 61 FR 34561, July 2, 1996] Formatted: Centered[TOP]

§135.323 Training program: General.

(a) Each certificate holder required to have a training program under §135.341 shall:

(1) Establish, obtain the appropriate initial and final approval of, and provide a training program that

meets this subpart and that ensures that each crewmember, flight instructor, check airman, and each

person assigned duties for the carriage and handling of hazardous materials (as defined in 49 CFR

171.8) is adequately trained to perform their assigned duties.

(2) Provide adequate ground and flight training facilities and properly qualified ground instructors

for the training required by this subpart.

(3) Provide and keep current for each aircraft type used and, if applicable, the particular variations

within the aircraft type, appropriate training material, examinations, forms, instructions, and

procedures for use in conducting the training and checks required by this subpart.

(4) Provide enough flight instructors, check airmen, and simulator instructors to conduct required

flight training and flight checks, and simulator training courses allowed under this subpart.

(b) Whenever a crewmember who is required to take recurrent training under this subpart completes

the training in the calendar month before, or the calendar month after, the month in which that

training is required, the crewmember is considered to have completed it in the calendar month in

which it was required.

(c) Each instructor, supervisor, or check airman who is responsible for a particular ground training

subject, segment of flight training, course of training, flight check, or competence check under this

part shall certify as to the proficiency and knowledge of the crewmember, flight instructor, or check

airman concerned upon completion of that training or check. That certification shall be made a part of

the crewmember ʹ s record. When the certification required by this paragraph is made by an entry in a

computerized recordkeeping system, the certifying instructor, supervisor, or check airman, must be

identified with that entry. However, the signature of the certifying instructor, supervisor, or check

airman, is not required for computerized entries.

(d) Training subjects that apply to more than one aircraft or crewmember position and that have been

satisfactorily completed during previous training while employed by the certificate holder for

another aircraft or another crewmember position, need not be repeated during subsequent training

other than recurrent training.

(e) Aircraft simulators and other training devices may be used in the certificate holder ʹ s training

program if approved by the Administrator.

[TOP]

§135.324 Training program: Special rules.

Link to an amendment published at 68 FR 54588, Sept. 17, 2003.

(a) Other than the certificate holder, only another certificate holder certificated under this part or a

training center certificated under part 142 of this chapter is eligible under this subpart to provide

training, testing, and checking under contract or other arrangement to those persons subject to the

requirements of this subpart.

(b) A certificate holder may contract with, or otherwise arrange to use the services of, a training

center certificated under part 142 of this chapter to provide training, testing, and checking required

by this part only if the training center

‐‐

(1) Holds applicable training specifications issued under part 142 of this chapter;

(2) Has facilities, training equipment, and courseware meeting the applicable requirements of part

142 of this chapter;(3) Has approved curriculums, curriculum segments, and portions of curriculum segments applicable

for use in training courses required by this subpart; and

(4) Has sufficient instructor and check airmen qualified under the applicable requirements of

§§135.337 through 135.340 to provide training, testing, and checking to persons subject to the

requirements of this subpart.

[Doc. No. 26933, 61 FR 34562, July 2, 1996, as amended by Amdt. 135

‐ 67, 62 FR 13791, Mar. 21, 1997]

[TOP]

§135.325 Training program and revision: Initial and final approval.

(a) To obtain initial and final approval of a training program, or a revision to an approved training

program, each certificate holder must submit to the Administrator

‐‐

(1) An outline of the proposed or revised curriculum, that provides enough information for a

preliminary evaluation of the proposed training program or revision; and

(2) Additional relevant information that may be requested by the Administrator.

(b) If the proposed training program or revision complies with this subpart, the Administrator grants

initial approval in writing after which the certificate holder may conduct the training under that

program. The Administrator then evaluates the effectiveness of the training program and advises the

certificate holder of deficiencies, if any, that must be corrected.

(c) The Administrator grants final approval of the proposed training program or revision if the

certificate holder shows that the training conducted under the initial approval in paragraph (b) of this

section ensures that each person who successfully completes the training is adequately trained to

perform that person ʹ s assigned duties.

(d) Whenever the Administrator finds that revisions are necessary for the continued adequacy of a

training program that has been granted final approval, the certificate holder shall, after notification

by the Administrator, make any changes in the program that are found necessary by the

Administrator. Within 30 days after the certificate holder receives the notice, it may file a petition to

reconsider the notice with the Administrator. The filing of a petition to reconsider stays the notice

pending a decision by the Administrator. However, if the Administrator finds that there is an

emergency that requires immediate action in the interest of safety, the Administrator may, upon a

statement of the reasons, require a change effective without stay.

[TOP]

§135.327 Training program: Curriculum.

(a) Each certificate holder must prepare and keep current a written training program curriculum for

each type of aircraft for each crewmember required for that type aircraft. The curriculum must

include ground and flight training required by this subpart.

(b) Each training program curriculum must include the following:

(1) A list of principal ground training subjects, including emergency training subjects, that are

provided.

(2) A list of all the training devices, mockups, systems trainers, procedures trainers, or other training

aids that the certificate holder will use.

(3) Detailed descriptions or pictorial displays of the approved normal, abnormal, and emergency

maneuvers, procedures and functions that will be performed during each flight training phase or

flight check, indicating those maneuvers, procedures and functions that are to be performed during

the inflight portions of flight training and flight checks.[TOP]

§135.329 Crewmember training requirements.

(a) Each certificate holder must include in its training program the following initial and transition

ground training as appropriate to the particular assignment of the crewmember:

(1) Basic indoctrination ground training for newly hired crewmembers including instruction in at

least the

‐‐

(i) Duties and responsibilities of crewmembers as applicable;

(ii) Appropriate provisions of this chapter;

(iii) Contents of the certificate holder ʹ s operating certificate and operations specifications (not

required for flight attendants); and

(iv) Appropriate portions of the certificate holder ʹ s operating manual.

(2) The initial and transition ground training in §§135.345 and 135.349, as applicable.

(3) Emergency training in §135.331.

(b) Each training program must provide the initial and transition flight training in §135.347, as

applicable.

(c) Each training program must provide recurrent ground and flight training in §135.351.

(d) Upgrade training in §§135.345 and 135.347 for a particular type aircraft may be included in the

training program for crewmembers who have qualified and served as second in command on that

aircraft.

(e) In addition to initial, transition, upgrade and recurrent training, each training program must

provide ground and flight training, instruction, and practice necessary to ensure that each

crewmember

‐‐

(1) Remains adequately trained and currently proficient for each aircraft, crewmember position, and

type of operation in which the crewmember serves; and

(2) Qualifies in new equipment, facilities, procedures, and techniques, including modifications to

aircraft.

[TOP]

§135.331 Crewmember emergency training.

(a) Each training program must provide emergency training under this section for each aircraft type,

model, and configuration, each crewmember, and each kind of operation conducted, as appropriate

for each crewmember and the certificate holder.

(b) Emergency training must provide the following:

(1) Instruction in emergency assignments and procedures, including coordination among

crewmembers.

(2) Individual instruction in the location, function, and operation of emergency equipment including

‐

‐

(i) Equipment used in ditching and evacuation;(ii) First aid equipment and its proper use; and

(iii) Portable fire extinguishers, with emphasis on the type of extinguisher to be used on different

classes of fires.

(3) Instruction in the handling of emergency situations including

‐‐

(i) Rapid decompression;

(ii) Fire in flight or on the surface and smoke control procedures with emphasis on electrical

equipment and related circuit breakers found in cabin areas;

(iii) Ditching and evacuation;

(iv) Illness, injury, or other abnormal situations involving passengers or crewmembers; and

(v) Hijacking and other unusual situations.

(4) Review of the certificate holder ʹ s previous aircraft accidents and incidents involving actual

emergency situations.

(c) Each crewmember must perform at least the following emergency drills, using the proper

emergency equipment and procedures, unless the Administrator finds that, for a particular drill, the

crewmember can be adequately trained by demonstration:

(1) Ditching, if applicable.

(2) Emergency evacuation.

(3) Fire extinguishing and smoke control.

(4) Operation and use of emergency exits, including deployment and use of evacuation chutes, if

applicable.

(5) Use of crew and passenger oxygen.

(6) Removal of life rafts from the aircraft, inflation of the life rafts, use of life lines, and boarding of

passengers and crew, if applicable.

(7) Donning and inflation of life vests and the use of other individual flotation devices, if applicable.

(d) Crewmembers who serve in operations above 25,000 feet must receive instruction in the

following:

(1) Respiration.

(2) Hypoxia.

(3) Duration of consciousness without supplemental oxygen at altitude.

(4) Gas expansion.

(5) Gas bubble formation.

(6) Physical phenomena and incidents of decompression.

[TOP]

§135.333 Training requirements: Handling and carriage of hazardous materials.(a) Except as provided in paragraph (d) of this section, no certificate holder may use any person to

perform, and no person may perform, any assigned duties and responsibilities for the handling or

carriage of hazardous materials (as defined in 49 CFR 171.8), unless within the preceding 12 calendar

months that person has satisfactorily completed initial or recurrent training in an appropriate

training program established by the certificate holder, which includes instruction regarding

‐‐

(1) The proper shipper certification, packaging, marking, labeling, and documentation for hazardous

materials; and

(2) The compatibility, loading, storage, and handling characteristics of hazardous materials.

(b) Each certificate holder shall maintain a record of the satisfactory completion of the initial and

recurrent training given to crewmembers and ground personnel who perform assigned duties and

responsibilities for the handling and carriage of hazardous materials.

(c) Each certificate holder that elects not to accept hazardous materials shall ensure that each

crewmember is adequately trained to recognize those items classified as hazardous materials.

(d) If a certificate holder operates into or out of airports at which trained employees or contract

personnel are not available, it may use persons not meeting the requirements of paragraphs (a) and

(b) of this section to load, offload, or otherwise handle hazardous materials if these persons are

supervised by a crewmember who is qualified under paragraphs (a) and (b) of this section.

[TOP]

§135.335 Approval of aircraft simulators and other training devices.

(a) Training courses using aircraft simulators and other training devices may be included in the

certificate holder ʹ s training program if approved by the Administrator.

(b) Each aircraft simulator and other training device that is used in a training course or in checks

required under this subpart must meet the following requirements:

(1) It must be specifically approved for

‐‐

(i) The certificate holder; and

(ii) The particular maneuver, procedure, or crewmember function involved.

(2) It must maintain the performance, functional, and other character

‐ istics that are required for

approval.

(3) Additionally, for aircraft simulators, it must be

‐‐

(i) Approved for the type aircraft and, if applicable, the particular variation within type for which the

training or check is being conducted; and

(ii) Modified to conform with any modification to the aircraft being simulated that changes the

performance, functional, or other characteristics required for approval.

(c) A particular aircraft simulator or other training device may be used by more than one certificate

holder.

(d) In granting initial and final approval of training programs or revisions to them, the Administrator

considers the training devices, methods and procedures listed in the certificate holder ʹ s curriculum

under §135.327.

[Doc. No. 16907, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135

‐ 1, 44 FR 26738, May 7, l979][TOP]

§135.337 Qualifications: Check airmen (aircraft) and check airmen (simulator).

(a) For the purposes of this section and §135.339:

(1) A check airman (aircraft) is a person who is qualified to conduct flight checks in an aircraft, in a

flight simulator, or in a flight training device for a particular type aircraft.

(2) A check airman (simulator) is a person who is qualified to conduct flight checks, but only in a

flight simulator, in a flight training device, or both, for a particular type aircraft.

(3) Check airmen (aircraft) and check airmen (simulator) are those check airmen who perform the

functions described in §§135.321 (a) and 135.323(a)(4) and (c).

(b) No certificate holder may use a person, nor may any person serve as a check airman (aircraft) in a

training program established under this subpart unless, with respect to the aircraft type involved,

that person ‐‐

(1) Holds the airman certificates and ratings required to serve as a pilot in command in operations

under this part;

(2) Has satisfactorily completed the training phases for the aircraft, including recurrent training, that

are required to serve as a pilot in command in operations under this part;

(3) Has satisfactorily completed the proficiency or competency checks that are required to serve as a

pilot in command in operations under this part;

(4) Has satisfactorily completed the applicable training requirements of §135.339;

(5) Holds at least a Class III medical certificate unless serving as a required crewmember, in which

case holds a Class I or Class II medical certificate as appropriate.

(6) Has satisfied the recency of experience requirements of §135.247; and

(7) Has been approved by the Administrator for the check airman duties involved.

(c) No certificate holder may use a person, nor may any person serve as a check airman (simulator) in

a training program established under this subpart unless, with respect to the aircraft type involved,

that person meets the provisions of paragraph (b) of this section, or ‐‐

(1) Holds the applicable airman certificates and ratings, except medical certificate, required to serve

as a pilot in command in operations under this part;

(2) Has satisfactorily completed the appropriate training phases for the aircraft, including recurrent

training, that are required to serve as a pilot in command in operations under this part;

(3) Has satisfactorily completed the appropriate proficiency or competency checks that are required

to serve as a pilot in command in operations under this part;

(4) Has satisfactorily completed the applicable training requirements of §135.339; and

(5) Has been approved by the Administrator for the check airman (simulator) duties involved.

(d) Completion of the requirements in paragraphs (b) (2), (3), and (4) or (c) (2), (3), and (4) of this

section, as applicable, shall be entered in the individual ʹ s training record maintained by the certificate

holder.

(e) Check airmen who do not hold an appropriate medical certificate may function as check airmen

(simulator), but may not serve as flightcrew members in operations under this part.(f) A check airman (simulator) must accomplish the following

‐‐

(1) Fly at least two flight segments as a required crewmember for the type, class, or category aircraft

involved within the 12

‐ month preceding the performance of any check airman duty in a flight

simulator; or

(2) Satisfactorily complete an approved line

‐ observation program within the period prescribed by

that program and that must precede the performance of any check airman duty in a flight simulator.

(g) The flight segments or line

‐ observation program required in paragraph (f) of this section are

considered to be completed in the month required if completed in the calendar month before or the

calender month after the month in which they are due.

[Doc. No. 28471, 61 FR 30744, June 17, 1996]

[TOP]

§135.338 Qualifications: Flight instructors (aircraft) and flight instructors (simulator).

(a) For the purposes of this section and §135.340:

(1) A flight instructor (aircraft) is a person who is qualified to instruct in an aircraft, in a flight

simulator, or in a flight training device for a particular type, class, or category aircraft.

(2) A flight instructor (simulator) is a person who is qualified to instruct in a flight simulator, in a

flight training device, or in both, for a particular type, class, or category aircraft.

(3) Flight instructors (aircraft) and flight instructors (simulator) are those instructors who perform the

functions described in §135.321(a) and 135.323 (a)(4) and (c).

(b) No certificate holder may use a person, nor may any person serve as a flight instructor (aircraft) in

a training program established under this subpart unless, with respect to the type, class, or category

aircraft involved, that person ‐‐

(1) Holds the airman certificates and ratings required to serve as a pilot in command in operations

under this part;

(2) Has satisfactorily completed the training phases for the aircraft, including recurrent training, that

are required to serve as a pilot in command in operations under this part;

(3) Has satisfactorily completed the proficiency or competency checks that are required to serve as a

pilot in command in operations under this part;

(4) Has satisfactorily completed the applicable training requirements of §135.340;

(5) Holds at least a Class III medical certificate; and

(6) Has satisfied the recency of experience requirements of §135.247.

(c) No certificate holder may use a person, nor may any person serve as a flight instructor (simulator)

in a training program established under this subpart, unless, with respect to the type, class, or

category aircraft involved, that person meets the provisions of paragraph (b) of this section, or ‐‐

(1) Holds the airman certificates and ratings, except medical certificate, required to serve as a pilot in

command in operations under this part except before March 19, 1997 that person need not hold a type

rating for the type, class, or category of aircraft involved.

(2) Has satisfactorily completed the appropriate training phases for the aircraft, including recurrent

training, that are required to serve as a pilot in command in operations under this part;(3) Has satisfactorily completed the appropriate proficiency or competency checks that are required

to serve as a pilot in command in operations under this part; and

(4) Has satisfactorily completed the applicable training requirements of §135.340.

(d) Completion of the requirements in paragraphs (b) (2), (3), and (4) or (c) (2), (3), and (4) of this

section, as applicable, shall be entered in the individual ʹ s training record maintained by the certificate

holder.

(e) An airman who does not hold a medical certificate may function as a flight instructor in an aircraft

if functioning as a non

‐ required crewmember, but may not serve as a flightcrew member in

operations under this part.

(f) A flight instructor (simulator) must accomplish the following

‐‐

(1) Fly at least two flight segments as a required crewmember for the type, class, or category aircraft

involved within the 12

‐ month period preceding the performance of any flight instructor duty in a

flight simulator; or

(2) Satisfactorily complete an approved line

‐ observation program within the period prescribed by

that program and that must precede the performance of any check airman duty in a flight simulator.

(g) The flight segments or line

‐ observation program required in paragraph (f) of this section are

considered completed in the month required if completed in the calendar month before, or in the

calendar month after, the month in which they are due.

[Doc. No. 28471, 61 FR 30744, June 17, 1996; 62 FR 3739, Jan. 24, 1997]

[TOP]

§135.339 Initial and transition training and checking: Check airmen (aircraft), check airmen

(simulator).

(a) No certificate holder may use a person nor may any person serve as a check airman unless

‐‐

(1) That person has satisfactorily completed initial or transition check airman training; and

(2) Within the preceding 24 calendar months, that person satisfactorily conducts a proficiency or

competency check under the observation of an FAA inspector or an aircrew designated examiner

employed by the operator. The observation check may be accomplished in part or in full in an

aircraft, in a flight simulator, or in a flight training device. This paragraph applies after March 19,

1997.

(b) The observation check required by paragraph (a)(2) of this section is considered to have been

completed in the month required if completed in the calendar month before or the calendar month

after the month in which it is due.

(c) The initial ground training for check airmen must include the following:

(1) Check airman duties, functions, and responsibilities.

(2) The applicable Code of Federal Regulations and the certificate holder ʹ s policies and procedures.

(3) The applicable methods, procedures, and techniques for conducting the required checks.

(4) Proper evaluation of student performance including the detection of

‐‐

(i) Improper and insufficient training; and(ii) Personal characteristics of an applicant that could adversely affect safety.

(5) The corrective action in the case of unsatisfactory checks.

(6) The approved methods, procedures, and limitations for performing the required normal,

abnormal, and emergency procedures in the aircraft.

(d) The transition ground training for check airmen must include the approved methods, procedures,

and limitations for performing the required normal, abnormal, and emergency procedures applicable

to the aircraft to which the check airman is in transition.

(e) The initial and transition flight training for check airmen (aircraft) must include the following

‐‐

(1) The safety measures for emergency situations that are likely to develop during a check;

(2) The potential results of improper, untimely, or nonexecution of safety measures during a check;

(3) Training and practice in conducting flight checks from the left and right pilot seats in the required

normal, abnormal, and emergency procedures to ensure competence to conduct the pilot flight checks

required by this part; and

(4) The safety measures to be taken from either pilot seat for emergency situations that are likely to

develop during checking.

(f) The requirements of paragraph (e) of this section may be accomplished in full or in part in flight,

in a flight simulator, or in a flight training device, as appropriate.

(g) The initial and transition flight training for check airmen (simulator) must include the following:

(1) Training and practice in conducting flight checks in the required normal, abnormal, and

emergency procedures to ensure competence to conduct the flight checks required by this part. This

training and practice must be accomplished in a flight simulator or in a flight training device.

(2) Training in the operation of flight simulators, flight training devices, or both, to ensure

competence to conduct the flight checks required by this part.

[Doc. No. 28471, 61 FR 30745, June 17, 1996; 62 FR 3739, Jan. 24, 1997]

[TOP]

§135.340 Initial and transition training and checking: Flight instructors (aircraft), flight instructors

(simulator).

(a) No certificate holder may use a person nor may any person serve as a flight instructor unless

‐‐

(1) That person has satisfactorily completed initial or transition flight instructor training; and

(2) Within the preceding 24 calendar months, that person satisfactorily conducts instruction under the

observation of an FAA inspector, an operator check airman, or an aircrew designated examiner

employed by the operator. The observation check may be accomplished in part or in full in an

aircraft, in a flight simulator, or in a flight training device. This paragraph applies after March 19,

1997.

(b) The observation check required by paragraph (a)(2) of this section is considered to have been

completed in the month required if completed in the calendar month before, or the calendar month

after, the month in which it is due.

(c) The initial ground training for flight instructors must include the following:(1) Flight instructor duties, functions, and responsibilities.

(2) The applicable Code of Federal Regulations and the certificate holder ʹ s policies and procedures.

(3) The applicable methods, procedures, and techniques for conducting flight instruction.

(4) Proper evaluation of student performance including the detection of

‐‐

(i) Improper and insufficient training; and

(ii) Personal characteristics of an applicant that could adversely affect safety.

(5) The corrective action in the case of unsatisfactory training progress.

(6) The approved methods, procedures, and limitations for performing the required normal,

abnormal, and emergency procedures in the aircraft.

(7) Except for holders of a flight instructor certificate

‐‐

(i) The fundamental principles of the teaching

‐ learning process;

(ii) Teaching methods and procedures; and

(iii) The instructor

‐ student relationship.

(d) The transition ground training for flight instructors must include the approved methods,

procedures, and limitations for performing the required normal, abnormal, and emergency

procedures applicable to the type, class, or category aircraft to which the flight instructor is in

transition.

(e) The initial and transition flight training for flight instructors (aircraft) must include the following

‐

‐

(1) The safety measures for emergency situations that are likely to develop during instruction;

(2) The potential results of improper or untimely safety measures during instruction;

(3) Training and practice from the left and right pilot seats in the required normal, abnormal, and

emergency maneuvers to ensure competence to conduct the flight instruction required by this part;

and

(4) The safety measures to be taken from either the left or right pilot seat for emergency situations

that are likely to develop during instruction.

(f) The requirements of paragraph (e) of this section may be accomplished in full or in part in flight,

in a flight simulator, or in a flight training device, as appropriate.

(g) The initial and transition flight training for a flight instructor (simulator) must include the

following:

(1) Training and practice in the required normal, abnormal, and emergency procedures to ensure

competence to conduct the flight instruction required by this part. These maneuvers and procedures

must be accomplished in full or in part in a flight simulator or in a flight training device.

(2) Training in the operation of flight simulators, flight training devices, or both, to ensure

competence to conduct the flight instruction required by this part.

[Doc. No. 28471, 61 FR 30745, June 17, 1996; 61 FR 34927, July 3, 1996; 62 FR 3739, Jan. 24, 1997][TOP]

§135.341 Pilot and flight attendant crewmember training programs.

(a) Each certificate holder, other than one who uses only one pilot in the certificate holder ʹ s

operations, shall establish and maintain an approved pilot training program, and each certificate

holder who uses a flight attendant crewmember shall establish and maintain an approved flight

attendant training program, that is appropriate to the operations to which each pilot and flight

attend

‐ ant is to be assigned, and will ensure that they are adequately trained to meet the applicable

knowledge and practical testing requirements of §§135.293 through 135.301. However, the

Administrator may authorize a deviation from this section if the Administrator finds that, because of

the limited size and scope of the operation, safety will allow a deviation from these requirements.

(b) Each certificate holder required to have a training program by paragraph (a) of this section shall

include in that program ground and flight training curriculums for

‐‐

(1) Initial training;

(2) Transition training;

(3) Upgrade training;

(4) Differences training; and

(5) Recurrent training.

(c) Each certificate holder required to have a training program by paragraph (a) of this section shall

provide current and appropriate study materials for use by each required pilot and flight attendant.

(d) The certificate holder shall furnish copies of the pilot and flight attendant crewmember training

program, and all changes and additions, to the assigned representative of the Administrator. If the

certificate holder uses training facilities of other persons, a copy of those training programs or

appropriate portions used for those facilities shall also be furnished. Curricula that follow FAA

published curricula may be cited by reference in the copy of the training program furnished to the

representative of the Administrator and need not be furnished with the program.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135

‐ 18, 47 FR 33396, Aug. 2, 1982]

[TOP]

§135.343 Crewmember initial and recurrent training requirements.

No certificate holder may use a person, nor may any person serve, as a crewmember in operations

under this part unless that crewmember has completed the appropriate initial or recurrent training

phase of the training program appropriate to the type of operation in which the crewmember is to

serve since the beginning of the 12th calendar month before that service. This section does not apply

to a certificate holder that uses only one pilot in the certificate holder ʹ s operations.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135

‐ 18, 47 FR 33396, Aug. 2, 1982]

[TOP]

§135.345 Pilots: Initial, transition, and upgrade ground training.

Initial, transition, and upgrade ground training for pilots must include instruction in at least the

following, as applicable to their duties:

(a) General subjects

‐‐(1) The certificate holder ʹ s flight locating procedures;

(2) Principles and methods for determining weight and balance, and runway limitations for takeoff

and landing;

(3) Enough meteorology to ensure a practical knowledge of weather phenomena, including the

principles of frontal systems, icing, fog, thunderstorms, windshear and, if appropriate, high altitude

weather situations;

(4) Air traffic control systems, procedures, and phraseology;

(5) Navigation and the use of navigational aids, including instrument approach procedures;

(6) Normal and emergency communication procedures;

(7) Visual cues before and during descent below DH or MDA; and

(8) Other instructions necessary to ensure the pilot ʹ s competence.

(b) For each aircraft type

‐‐

(1) A general description;

(2) Performance characteristics;

(3) Engines and propellers;

(4) Major components;

(5) Major aircraft systems (i.e., flight controls, electrical, and hydraulic), other systems, as

appropriate, principles of normal, abnormal, and emergency operations, appropriate procedures and

limitations;

(6) Knowledge and procedures for

‐‐

(i) Recognizing and avoiding severe weather situations;

(ii) Escaping from severe weather situations, in case of inadvertent encounters, including low

‐ altitude

windshear (except that rotorcraft pilots are not required to be trained in escaping from low

‐ altitude

windshear);

(iii) Operating in or near thunderstorms (including best penetrating altitudes), turbulent air

(including clear air turbulence), icing, hail, and other potentially hazardous meteorological

conditions; and

(iv) Operating airplanes 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:

(A) The use of holdover times when using deicing/anti

‐ icing fluids;

(B) Airplane deicing/anti

‐ icing procedures, including inspection and check procedures and

responsibilities;

(C) Communications;

(D) 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;(E) Types and characteristics of deicing/anti

‐ icing fluids, if used by the certificate holder;

(F) Cold weather preflight inspection procedures;

(G) Techniques for recognizing contamination on the airplane;

(7) Operating limitations;

(8) Fuel consumption and cruise control;

(9) Flight planning;

(10) Each normal and emergency procedure; and

(11) The approved Aircraft Flight Manual, or equivalent.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135

‐ 27, 53 FR 37697, Sept. 27, 1988;

Amdt. 135

‐ 46, 58 FR 69630, Dec. 30, 1993]

[TOP]

§135.347 Pilots: Initial, transition, upgrade, and differences flight training.

(a) Initial, transition, upgrade, and differences training for pilots must include flight and practice in

each of the maneuvers and procedures in the approved training program curriculum.

(b) The maneuvers and procedures required by paragraph (a) of this section must be performed in

flight, except to the extent that certain maneuvers and procedures may be performed in an aircraft

simulator, or an appropriate training device, as allowed by this subpart.

(c) If the certificate holder ʹ s approved training program includes a course of training using an aircraft

simulator or other training device, each pilot must successfully complete

‐‐

(1) Training and practice in the simulator or training device in at least the maneuvers and procedures

in this subpart that are capable of being performed in the aircraft simulator or training device; and

(2) A flight check in the aircraft or a check in the simulator or training device to the level of

proficiency of a pilot in command or second in command, as applicable, in at least the maneuvers and

procedures that are capable of being performed in an aircraft simulator or training device.

[TOP]

§135.349 Flight attendants: Initial and transition ground training.

Initial and transition ground training for flight attendants must include instruction in at least the

following

‐‐

(a) General subjects

‐‐

(1) The authority of the pilot in command; and

(2) Passenger handling, including procedures to be followed in handling deranged persons or other

persons whose conduct might jeopardize safety.

(b) For each aircraft type

‐‐

(1) A general description of the aircraft emphasizing physical characteristics that may have a bearing

on ditching, evacuation, and inflight emergency procedures and on other related duties;(2) The use of both the public address system and the means of communicating with other flight

crewmembers, including emergency means in the case of attempted hijacking or other unusual

situations; and

(3) Proper use of electrical galley equipment and the controls for cabin heat and ventilation.

[TOP]

§135.351 Recurrent training.

(a) Each certificate holder must ensure that each crewmember receives recurrent training and is

adequately trained and currently proficient for the type aircraft and crewmember position involved.

(b) Recurrent ground training for crewmembers must include at least the following:

(1) A quiz or other review to determine the crewmember ʹ s knowledge of the aircraft and

crewmember position involved.

(2) Instruction as necessary in the subjects required for initial ground training by this subpart, as

appropriate, including low

‐ altitude windshear training and training on operating during ground

icing conditions, as prescribed in §135.341 and described in §135.345, and emergency training.

(c) Recurrent flight training for pilots must include, at least, flight training in the maneuvers or

procedures in this subpart, except that satisfactory completion of the check required by §135.293

within the preceding 12 calendar months may be substituted for recurrent flight training.

[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135

‐ 27, 53 FR 37698, Sept. 27, 1988;

Amdt. 135

‐ 46, 58 FR 69630, Dec. 30, 1993]

[TOP]

§135.353 Prohibited drugs.

(a) Each certificate holder or operator shall provide each employee performing a function listed in

appendix I to part 121 of this chapter and his or her supervisor with the training specified in that

appendix.

(b) No certificate holder or operator may use any contractor to perform a function specified in

appendix I to part 121 of this chapter unless that contractor provides each of its employees

performing that function for the certificate holder or the operator and his or her supervisor with the

training specified in that appendix.

Appendix A to Part 125

‐‐ Additional Emergency Equipment

(a) Means for emergency evacuation. Each passenger

‐ carrying landplane emergency exit (other than

over

‐ the

‐ wing) that is more that 6 feet from the ground with the airplane on the ground and the

landing gear extended must have an approved means to assist the occupants in descending to the

ground. The assisting means for a floor level emergency exit must meet the requirements of

§25.809(f)(1) of this chapter in effect on April 30, 1972, except that, for any airplane for which the

application for the type certificate was filed after that date, it must meet the requirements under

which the airplane was type certificated. An assisting means that deploys automatically must be

armed during taxiing, takeoffs, and landings. However, if the Administrator finds that the design of

the exit makes compliance impractical, the Administrator may grant a deviation from the

requirement of automatic deployment if the assisting means automatically erects upon deployment

and, with respect to required emergency exits, if an emergency evacuation demonstration is

conducted in accordance with §125.189. This paragraph does not apply to the rear window

emergency exit of DC

‐ 3 airplanes operated with less than 36 occupants, including crewmembers, and

less than five exits authorized for passenger use.(b) Interior emergency exit marking. The following must be complied with for each passenger

‐ carrying

airplane:

(1) Each passenger emergency exit, its means of access, and means of opening must be conspicuously

marked. The identity and location of each passenger emergency exit must be recognizable from a

distance equal to the width of the cabin. The location of each passenger emergency exit must be

indicated by a sign visible to occupants approaching along the main passenger aisle. There must be a

locating sign

‐‐

(i) Above the aisle near each over

‐ the

‐ wing passenger emergency exit, or at another ceiling location if

it is more practical because of low headroom;

(ii) Next to each floor level passenger emergency exit, except that one sign may serve two such exits if

they both can be seen readily from that sign; and

(iii) On each bulkhead or divider that prevents fore and aft vision along the passenger cabin, to

indicate emergency exits beyond and obscured by it, except that if this is not possible the sign may be

placed at another appropriate location.

(2) Each passenger emergency exit marking and each locating sign must meet the following:

(i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972,

each passenger emergency exit marking and each locating sign must be manufactured to meet the

requirements of §25.812(b) of this chapter in effect on April 30, 1972. On these airplanes, no sign may

continue to be used if its luminescence (brightness) decreases to below 100 microlamberts. The colors

may be reversed if it increases the emergency illumination of the passenger compartment. However,

the Administrator may authorize deviation from the 2

‐ inch background requirements if the

Administrator finds that special circumstances exist that make compliance impractical and that the

proposed deviation provides an equivalent level of safety.

(ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972,

each passenger emergency exit marking and each locating sign must be manufactured to meet the

interior emergency exit marking requirements under which the airplane was type certificated. On

these airplanes, no sign may continue to be used if its luminescence (brightness) decreases to below

250 microlamberts.

(c) Lighting for interior emergency exit markings. Each passenger

‐ carrying airplane must have an

emergency lighting system, independent of the main lighting system. However, sources of general

cabin illumination may be common to both the emergency and the main lighting systems if the

power supply to the emergency lighting system is independent of the power supply to the main

lighting system. The emergency lighting system must

‐‐

(1) Illuminate each passenger exit marking and locating sign; and

(2) Provide enough general lighting in the passenger cabin so that the average illumination, when

measured at 40

‐ inch intervals at seat armrest height, on the centerline of the main passenger aisle, is

at least 0.05 foot

‐ candles.

(d) Emergency light operation. Except for lights forming part of emergency lighting subsystems

provided in compliance with §25.812(g) of this chapter (as prescribed in paragraph (h) of this section)

that serve no more than one assist means, are independent of the airplane ʹ s main emergency lighting

systems, and are automatically activated when the assist means is deployed, each light required by

paragraphs (c) and (h) must comply with the following:

(1) Each light must be operable manually and must operate automatically from the independent

lighting system

‐‐

(i) In a crash landing; or

(ii) Whenever the airplane ʹ s normal electric power to the light is interrupted.

(2) Each light must

‐‐(i) Be operable manually from the flightcrew station and from a point in the passenger compartment

that is readily accessible to a normal flight attendant seat;

(ii) Have a means to prevent inadvertent operation of the manual controls; and

(iii) When armed or turned on at either station, remain lighted or become lighted upon interruption

of the airplane ʹ s normal electric power.

Each light must be armed or turned on during taxiing, takeoff, and landing. In showing compliance

with this paragraph, a transverse vertical separation of the fuselage need not be considered.

(3) Each light must provide the required level of illumination for at least 10 minutes at the critical

ambient conditions after emergency landing.

(e) Emergency exit operating handles.

(1) For a passenger

‐ carrying airplane for which the application for the type certificate was filed prior

to May 1, 1972, the location of each passenger emergency exit operating handle and instructions for

opening the exit must be shown by a marking on or near the exit that is readable from a distance of 30

inches. In addition, for each Type I and Type II emergency exit with a locking mechanism released by

rotary motion of the handle, the instructions for opening must be shown by

‐‐

(i) A red arrow with a shaft at least 3/4 inch wide and a head twice the width of the shaft, extending

along at least 70 degrees of arc at a radius approximately equal to 3/4 of the handle length; and

(ii) The word ʺ open ʺ in red letters 1 inch high placed horizontally near the head of the arrow.

(2) For a passenger

‐ carrying airplane for which the application for the type certificate was filed on or

after May 1, 1972, the location of each passenger emergency exit operating handle and instructions

for opening the exit must be shown in accordance with the requirements under which the airplane

was type certificated. On these airplanes, no operating handle or operating handle cover may

continue to be used if its luminescence (brightness) decreases to below 100 microlamberts.

(f) Emergency exit access. Access to emergency exits must be provided as follows for each passenger

‐ carrying airplane:

(1) Each passageway between individual passenger areas, or leading to a Type I or Type II emergency

exit, must be unobstructed and at least 20 inches wide.

(2) There must be enough space next to each Type I or Type II emergency exit to allow a crewmember

to assist in the evacuation of passengers without reducing the unobstructed width of the passageway

below that required in paragraph (f)(1) of this section. However, the Administrator may authorize

deviation from this requirement for an airplane certificated under the provisions of part 4b of the

Civil Air Regulations in effect before December 20, 1951, if the Administrator finds that special

circumstances exist that provide an equivalent level of safety.

(3) There must be access from the main aisle to each Type III and Type IV exit. The access from the

aisle to these exits must not be obstructed by seats, berths, or other protrusions in a manner that

would reduce the effectiveness of the exit. In addition

‐‐

(i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the

access must meet the requirements of §25.813(c) of this chapter in effect on April 30, 1972; and

(ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972,

the access must meet the emergency exit access requirements under which the airplane was

certificated.

(4) If it is necessary to pass through a passageway between passenger compartments to reach any

required emergency exit from any seat in the passenger cabin, the passageway must not be

obstructed. However, curtains may be used if they allow free entry through the passageway.(5) No door may be installed in any partition between passenger compartments.

(6) If it is necessary to pass through a doorway separating the passenger cabin from other areas to

reach any required emergency exit from any passenger seat, the door must have a means to latch it in

open position, and the door must be latched open during each takeoff and landing. The latching

means must be able to withstand the loads imposed upon it when the door is subjected to the

ultimate interia forces, relative to the surrounding structure, listed in §25.561(b) of this chapter.

(g) Exterior exit markings. Each passenger emergency exit and the means of opening that exit from the

outside must be marked on the outside of the airplane. There must be a 2

‐ inch colored band outlining

each passenger emergency exit on the side of the fuselage. Each outside marking, including the band,

must be readily distinguishable from the surrounding fuselage area by contrast in color. The

markings must comply with the following:

(1) If the reflectance of the darker color is 15 percent or less, the reflectance of the lighter color must

be at least 45 percent. ʺ Reflectance ʺ is the ratio of the luminous flux reflected by a body to the

luminous flux it receives.

(2) If the reflectance of the darker color is greater than 15 percent, at least a 30 percent difference

between its reflectance and the reflectance of the lighter color must be provided.

(3) Exits that are not in the side of the fuselage must have the external means of opening and

applicable instructions marked conspicuously in red or, if red is inconspicuous against the

background color, in bright chrome yellow and, when the opening means for such an exit is located

on only one side of the fuselage, a conspicuous marking to that effect must be provided on the other

side.

(h) Exterior emergency lighting and escape route.

(1) Each passenger

‐ carrying airplane must be equipped with exterior lighting that meets the

following requirements:

(i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the

requirements of §25.812(f) and (g) of this chapter in effect on April 30, 1972.

(ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972,

the exterior emergency lighting requirements under which the airplane was type certificated.

(2) Each passenger

‐ carrying airplane must be equipped with a slip

‐ resistant escape route that meets

the following requirements:

(i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the

requirements of §25.803(e) of this chapter in effect on April 30, 1972.

(ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972,

the slip

‐ resistant escape route requirements under which the airplane was type certificated.

(i) Floor level exits. Each floor level door or exit in the side of the fuselage (other than those leading

into a cargo or baggage compartment that is not accessible from the passenger cabin) that is 44 or

more inches high and 20 or more inches wide, but not wider than 46 inches, each passenger ventral

exit (except the ventral exits on M

‐ 404 and CV

‐ 240 airplanes) and each tail cone exit must meet the

requirements of this section for floor level emergency exits. However, the Administrator may grant a

deviation from this paragraph if the Administrator finds that circumstances make full compliance

impractical and that an acceptable level of safety has been achieved.

(j) Additional emergency exits. Approved emergency exits in the passenger compartments that are in

excess of the minimum number of required emergency exits must meet all of the applicable

provisions of this section except paragraph (f), (1), (2), and (3) and must be readily accessible.

(k) On each large passenger

‐ carrying turbojet

‐ powered airplane, each ventral exit and tailcone exit

must be

‐‐(1) Designed and constructed so that it cannot be opened during flight; and

(2) Marked with a placard readable from a distance of 30 inches and installed at a conspicuous

location near the means of opening the exit, stating that the exit has been designed and constructed so

that it cannot be opened during flight.

Appendix B to Part 125

‐‐ Criteria for Demonstration of Emergency Evacuation Procedures Under

§125.189

(a) Aborted takeoff demonstration.

(1) The demonstration must be conducted either during the dark of the night or during daylight with

the dark of the night simulated. If the demonstration is conducted indoors during daylight hours, it

must be conducted with each window covered and each door closed to minimize the daylight effect.

Illumination on the floor or ground may be used, but it must be kept low and shielded against

shining into the airplane ʹ s windows or doors.

(2) The airplane must be in a normal ground attitude with landing gear extended.

(3) Stands or ramps may be used for descent from the wing to the ground. Safety equipment such as

mats or inverted life rafts may be placed on the ground to protect participants. No other equipment

that is not part of the airplane ʹ s emergency evacuation equipment may be used to aid the participants

in reaching the ground.

(4) The airplane ʹ s normal electric power sources must be deenergized.

(5) All emergency equipment for the type of passenger

‐ carrying operation involved must be installed

in accordance with the certificate holder ʹ s manual.

(6) Each external door and exit and each internal door or curtain must be in position to simulate a

normal takeoff.

(7) A representative passenger load of persons in normal health must be used. At least 30 percent

must be females. At least 5 percent must be over 60 years of age with a proportionate number of

females. At least 5 percent, but not more than 10 percent, must be children under 12 years of age,

prorated through that age group. Three life

‐ size dolls, not included as part of the total passenger

load, must be carried by passengers to simulate live infants 2 years old or younger. Crewmembers,

mechanics, and training personnel who maintain or operate the airplane in the normal course of their

duties may not be used as passengers.

(8) No passenger may be assigned a specific seat except as the Administrator may require. Except as

required by item (12) of this paragraph, no employee of the certificate holder may be seated next to

an emergency exit.

(9) Seat belts and shoulder harnesses (as required) must be fastened.

(10) Before the start of the demonstration, approximately one

‐ half of the total average amount of

carry

‐ on baggage, blankets, pillows, and other similar articles must be distributed at several locations

in the aisles and emergency exit access ways to create minor obstructions.

(11) The seating density and arrangement of the airplane must be representative of the highest

capacity passenger version of that airplane the certificate holder operates or proposes to operate.

(12) Each crewmember must be a member of a regularly scheduled line crew, must be seated in that

crewmember ʹ s normally assigned seat for takeoff, and must remain in that seat until the signal for

commencement of the demonstration is received.

(13) No crewmember or passenger may be given prior knowledge of the emergency exits available

for the demonstration.(14) The certificate holder may not practice, rehearse, or describe the demonstration for the

participants nor may any participant have taken part in this type of demonstration within the

preceding 6 months.

(15) The pretakeoff passenger briefing required by §125.327 may be given in accordance with the

certificate holder ʹ s manual. The passengers may also be warned to follow directions of crewmembers,

but may not be instructed on the procedures to be followed in the demonstration.

(16) If safety equipment as allowed by item (3) of this section is provided, either all passenger and

cockpit windows must be blacked out or all of the emergency exits must have safety equipment to

prevent disclosure of the available emergency exits.

(17) Not more than 50 percent of the emergency exits in the sides of the fuselage of an airplane that

meet all of the requirements applicable to the required emergency exits for that airplane may be used

for the demonstration. Exits that are not to be used in the demonstration must have the exit handle

deactivated or must be indicated by red lights, red tape or other acceptable means, placed outside the

exits to indicate fire or other reason that they are unusable. The exits to be used must be

representative of all of the emergency exits on the airplane and must be designated by the certificate

holder, subject to approval by the Administrator. At least one floor level exit must be used.

(18) All evacuees, except those using an over

‐ the

‐ wing exit, must leave the airplane by a means

provided as part of the airplane ʹ s equipment.

(19) The certificate holder ʹ s approved procedures and all of the emergency equipment that is

normally available, including slides, ropes, lights, and megaphones, must be fully utilized during the

demonstration.

(20) The evacuation time period is completed when the last occupant has evacuated the airplane and

is on the ground. Evacuees using stands or ramps allowed by item (3) above are considered to be on

the ground when they are on the stand or ramp: Provided, That the acceptance rate of the stand or

ramp is no greater than the acceptance rate of the means available on the airplane for descent from

the wing during an actual crash situation.

(b) Ditching demonstration. The demonstration must assume that daylight hours exist outside the

airplane and that all required crewmembers are available for the demonstration.

(1) If the certificate holder ʹ s manual requires the use of passengers to assist in the launching of

liferafts, the needed passengers must be aboard the airplane and participate in the demonstration

according to the manual.

(2) A stand must be placed at each emergency exit and wing with the top of the platform at a height

simulating the water level of the airplane following a ditching.

(3) After the ditching signal has been received, each evacuee must don a life vest according to the

certificate holder ʹ s manual.

(4) Each liferaft must be launched and inflated according to the certificate holder ʹ s manual and all

other required emergency equipment must be placed in rafts.

(5) Each evacuee must enter a liferaft and the crewmembers assigned to each liferaft must indicate the

location of emergency equipment aboard the raft and describe its use.

(6) Either the airplane, a mockup of the airplane, or a floating device simulating a passenger

compartment must be used.

(i) If a mockup of the airplane is used, it must be a life

‐ size mockup of the interior and representative

of the airplane currently used by or proposed to be used by the certificate holder and must contain

adequate seats for use of the evacuees. Operation of the emergency exits and the doors must closely

simulate that on the airplane. Sufficient wing area must be installed outside the over

‐ the

‐ wing exits to

demonstrate the evacuation.(ii) If a floating device simulating a passenger compartment is used, it must be representative, to the

extent possible, of the passenger compartment of the airplane used in operations. Operation of the

emergency exits and the doors must closely simulate operation on that airplane. Sufficient wing area

must be installed outside the over

‐ the

‐ wing exits to demonstrate the evacuation. The device must be

equipped with the same survival equipment as is installed on the airplane, to accommodate all

persons participating in the demonstration.

Formatted: Centered

Formatted: Font: Times New Roman, 12 pt,

French (France) Deleted: Appendix C to Part 125 -- Ice Protection¶

If certification with ice protection provisions is

desired, compliance with the following must be

shown: ¶

(a) The recommended proced ures for the use of the

ice protection equipment must be set forth in the

Airplane Flight Manual. ¶

(b) An analysis must be performed to establish, on

the basis of the airplane's operational needs, the

adequacy of the ice protection system for the various

components of the airplane. In addition, tests of the

ice protection system must be conducted to

demonstrate that the airplane is capable of operating

safely in continuous maximum and intermittent

maximum icing conditions as described in appendix

C of part 25 of this chapter. ¶

(c) Compliance with all or portions of this section

may be accomplished by refe rence, where applicable

because of similarity of th e designs, to analyses and

tests performed by the applicant for a type

certificated model. ¶

Appendix D to Part 125 -- Airplane Flight Recorder

Specification¶

¶

---------------------------------------------------------------- ------------------------------------------------¶

Accuracy sensor¶

Parameters Range input to

DFDR Sampling interval Resolution \4\¶

readout

(per second) read out¶

---------------------------------------------------------------- ------------------------------------------------¶

Time (GMT or Frame Counter) 24 Hrs............

±0.125% Per 0.25 (1 per 4 1 sec.¶

(range 0 to 4095, sampled 1 per Hour.

seconds).¶

frame).¶

Altitude........................ -1,000 ft to max ±100 to

1................. 5[foot] to¶

certificated ±700 ft (See

35[foot] \1\¶

altitude of Table 1, TSO-¶

aircraft. C51a).¶

Airspeed........................ 50 KIAS to ±5%,

±3% 1................. 1 kt.¶

V[INF]so[/INF],¶

and V[INF]so[/¶

INF] to 1.2¶

V[INF]D[/INF].¶

Heading......................... 360°......... ±2°.....

1................. 0.5°¶

Normal Accelerati on (Vertical).. -3g to +6g........

±1% of max 8................. 0.01g.¶

range excluding¶

datum error of¶

±5%.¶

Pitch Attitude.................. ±75°.... ±2°.....

1................. 0.5°.¶

Roll Attitude................... ±180°... ±2°.....

1................. 0.5°.¶

Radio Transmitter Keying........ On-Off (Discrete).

.................. 1................. ..................¶

Thrust/Power on Each Engine..... Full range forward

±2%.......... 1................. 0.2% \2\¶

Trailing Edge Flap or Cockpit Full range or each

±3° or 0.5............... 0.5% \2\¶

Control Selection. discrete position. as

pilot's¶

Indicator.¶

Leading Edge Flap or Cockpit Full range or each

±3° or 0.5............... 0.5% \2\¶

Control Selection. discrete position. as ... [4]

### Page 35: [1] Deleted Douglas Carr 11/17/2004 10:51:00 AM

(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 CO2 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 ʺ D ʺ 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.

[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 20, 59 FR 32058, June 21, 1994]

Page 59: [2] Deleted Douglas Carr 11/17/2004 11:35:00 AM

(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 ʹ 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 ʹ 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 ʹ 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.

[45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125

‐ 18, 58 FR 69629, Dec. 30, 1993]

Page 60: [3] Deleted Douglas Carr 11/17/2004 11:37:00 AM

(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.

Page 99: [4] Deleted Roger William Kirk 9/29/2004 3:33:00 PM



# Appendix C to Part 125 -- Ice Protection

If certification with ice prot ection provisions is desired, co mpliance with the following

must be shown:

(a) The recommended procedures for the use of the ice protection equipment must be set

forth in the Airplane Flight Manual.

(b) An analysis must be performed to estab lish, on the basis of the airplane's operational

needs, the adequacy of the ice protection system for the various components of the

airplane. In addition, tests of the ice protection system must be conducted to demonstrate

that the airplane is capable of operating sa fely in continuous maximum and intermittent

maximum icing conditions as described in a ppendix C of part 25 of this chapter.

(c) Compliance with all or portions of this section may be accomplished by reference,

where applicable because of similarity of th e designs, to analyses and tests performed by

the applicant for a type certificated model.

Appendix D to Part 125 -- Airplane Flight Recorder Specification

------------------ --------------- --------------- --------------- --------------- --------------- ---------------

---- Accuracy sensor

Parameters Range input to DFDR Sampling interval

Resolution \4\

readout (per second) read out

------------------ --------------- --------------- --------------- --------------- --------------- ---------------

---- Time (GMT or Frame Counter) 24 Hrs............ ±0.125% Per 0.25 (1 per 4 1 sec.

(range 0 to 4095, sampled 1 per Hour. seconds).

frame).

Altitude........................ -1,000 ft to max ±100 to 1................. 5[foot] to

certificated ±700 ft (See 35[foot] \1\

altitude of Table 1, TSO-

# aircraft. C51a).

Airspeed........................ 50 KIAS to ±5%, ±3% 1................. 1 kt.

V[INF]so[/INF],

and V[INF]so[/

INF] to 1.2

V[INF]D[/INF].

Heading......................... 360°......... ±2°..... 1................. 0.5°

Normal Acceleration (Vertical).. -3g to +6g........ ±1% of max 8................. 0.01g.

range excluding

datum error of

±5%.

Pitch Attitude.................. ±75°.... ±2°..... 1................. 0.5°.

Roll Attitude................... ±180°... ±2°..... 1................. 0.5°.

Radio Transmitter Keying........ On-Off (Discrete). .................. 1................. ..................

Thrust/Power on Each Engine..... Full range forward ±2%.......... 1................. 0.2% \2\

Trailing Edge Flap or Cockpit Full range or each ±3° or 0.5............... 0.5% \2\

Control Selection. discrete position. as pilot's

Indicator.

Leading Edge Flap or Cockpit Full range or each ±3° or 0.5............... 0.5% \2\

Control Selection. discrete position. as pilot's

indicator.

Thrust Reverser Position........ Stowed, in .................. 1 (per 4 seconds

.................. transit, and per engine).

reverse

(Discrete).

Ground Spoiler Position/Speed Full range or each ±2% unless 1................. 0.2%

\2\.

Brake Selection. discrete position. higher accuracy

uniquely required.

Marker Beacon Passage........... Discrete.......... .................. 1................. ..................

Autopilot Engagement............ Discrete.......... .................. 1................. ..................

Longitudinal Acceleration....... ±1g.......... ±1.5% max 4................. 0.01g

range excluding

datum error of

±5%.

Pilot Input and/or Surface Full range........ ±2° 1................. 0.2% \2\.

Position-Primary Controls unless higher

(Pitch, Roll, Yaw) \3\. accuracy uniquely

required.

Lateral Acceleration............ ±1g.......... ±1.5% max 4................. 0.01g.

range excluding

datum error of

±5%.

Pitch Trim Position............. Full range ........ ±3% unless 1................. 0.3% \2\

higher accuracy

# uniquely required.

Glideslope Deviation............ ±400 ±3%.......... 1................. 0.3% \2\

Microamps.

Localizer Deviation............. ±400 ±3%.......... 1................. 0.3% \2\.

Microamps.

AFCS Mode and Engagement Status. Discrete.......... .................. 1.................

.................. Radio Altitude.................. -20 ft to 2,500 ft ±2 Ft or .................. 1 ft + 5% \2\

±3% above 500[foot].

Whichever is

Greater Below 500

Ft and ±5%

Above 500 Ft.

Master Warning.................. Discrete.......... .................. 1................. ..................

Main Gear Squat Switch Stat us... Discrete.......... .................. 1................. ..................

Angle of Attack (if recorded As installed...... As instal led...... 2................. 0.3% \2\.

directly).

Outside Air Temperature or Total -50° C to ±2° C... 0.5............... 0.3° C

Air Temperature. +90° C.

Hydraulics, Each System Low Discrete.......... .................. 0.5............... or 0.5% \2\.

Pressure.

Groundspeed..................... As Installed...... Most Accurate 1................. 0.2% \2\.

Systems Installed

(IMS Equipped

Aircraft Only).

------------------ --------------- --------------- --------------- --------------- --------------- ---------------

---- If additional recording capacity is availa ble, recording of the following parameters is

recommended. The

parameters are listed in order of significance:

------------------ --------------- --------------- --------------- --------------- --------------- ---------------

---- Drift Angle..................... When available. As As installed...... 4................. ..................

installed.

Wind Speed and Direction........ When avai lable. As As installed...... 4.................

.................. installed.

Latitude and Longitude.......... When avai lable. As As installed...... 4.................

.................. installed.

Brake pressure/Brake pedal As installed...... As installed...... 1.................

.................. position.

Additional engine parameters:

EPR......................... As installed...... As installed...... 1 (per engine).... ..................

N \1\....................... As installed...... As installed...... 1 (per engine).... ..................

# N \2\....................... As installed...... As installed...... 1 (per engine).... ..................

EGT......................... As installed...... As installed...... 1 (per engine).... ..................

Throttle Lever Position......... As installed...... As installed...... 1 (per engine)....

.................. Fuel Flow....................... As installed...... As installed...... 1 (per engine).... ..................

TCAS:

TA.......................... As installed...... As installed...... 1................. ..................

RA.......................... As installed...... As installed...... 1................. ..................

Sensitivity level (as As installed...... As installed...... 2................. ..................

selected by crew).

GPWS (ground proximity warning Discrete.......... .................. 1................. ..................

system).

Landing gear or gear selector Di screte.......... .................. 0.25 (1 per 4 ..................

position. seconds).

DME 1 and 2 Distance............ 0-200 NM; ......... As installed...... 0.25.............. 1 mi.

Nav 1 and 2 Frequency Selection. Full range........ As installed...... 0.25..............

..................

------------------ --------------- --------------- --------------- --------------- --------------- ---------------

---- \1\ When altitude rate is recorded. Altitude rate must have sufficient resolution and

sampling to permit the

derivation of altitude to 5 feet.

\2\ Percent of full range.

\3\ For airplanes that can demonstrate the capability of deriving either the control input

on control movement

(one from the other) for all modes of opera tion and flight regimes, the ``or'' applies. For

airplanes with non-

mechanical control systems (fly-by-wire) th e ``and'' applies. In airplanes with split

surfaces, suitable

combination of inputs is acceptable in li eu of recording each surface separately.

\4\ This column applies to aircra ft manufactured after October 11, 1991.

[Doc. No. 25530, 53 FR 26150, July 11, 1988; 53 FR 30906, Aug. 16, 1988]

Appendix E to Part 125 -- Airplane Flight Recorder Specifications

The recorded values must meet th e designated range, resolution, and accuracy

requirements during dynamic and static conditions. All data recorded must

be correlated in time to within one second.

------------------ --------------- --------------- --------------- --------------- --------------- ---------------

--------------- --------------- -------------- Accuracy (sensor Seconds per sampling

Parameters Range input) interval

Resolution Remarks

# ------------------ --------------- --------------- --------------- --------------- --------------- ---------------

--------------- --------------- -------------- 1. Time or Relative Times 24 Hrs, 0 to 4095..... ±0.125% Per Hour.

4.................... 1 sec................ UTC time preferred

Counts.\1\.

when available.

Count

increments

each 4

seconds of

system

operation.

2. Pressure Altitude............... -1000 ft to max ±100 to ±700 1.................... 5[foot]

to 35[foot].. Data should be

certificated altitude ft (see table, TSO

obtained from the

of aircraft. +5000 ft. C124a or TSO C51a).

air data computer

when

practicable.

3. Indicated airspeed or Ca librated 50 KIAS or minimum ±5% and ±3%.

1.................... 1 kt................. Data should be

airspeed. value to Max

obtained from the

V[INF]so[/INF], to

air data computer

1.2 V.[INF]D[/INF].

when practicable.

4, Heading (Primary flight crew 0-360° and ±2°......... 1.................... 0.5°............

When true or magnetic

reference). Discrete ``true'' or

heading can be

``mag''.

selected as the

primary heading

reference, a

discrete indicating

selection must be

recorded.

5. Normal Acceleration (Vertical) -3g to +6g............ ±1% of max range

0.125................ 0.004g.

# \9\. excluding datum error

of ±5%.

6. Pitch Attitude.................. ±75°........ ±2°......... 1 or 0.25 for 0.5°............ A

sampling rate of

airplanes operated

0.25 is recommended.

under §

125.226(f).

7. Roll Attitude \2\............... ±180°....... ±2°......... 1 or 0.5 for 0.5°............ A

sampling rate of

airplanes operated

0.5 is recommended.

under §

121.344(f).

8. Manual Radio Transmitter Keying On-O ff (Discrete) ...................... 1....................

..................... Preferably each crew

or CVR/DFDR synchronization None..................

member but one

reference..........................

discrete acceptable

for all

transmission

provided the CVR/FDR

system

complies with

TSO

C124a CVR

synchronization

requirements

(paragraph 4.2.1 ED-

55).

9. Thrust/Power on each Full Range Forward.... ±2%.............. 1 (per

engine)....... 0.3% of full range... Sufficient parameters

engine_primary flight crew

(e.g. EPR, N1 or

reference.

Torque, NP) as

appropriate to the

particular engine

# being

recorded to

determine power in

forward and reverse

thrust,

including

potential overspeed

condition.

10. Autopilot Engagement........... Discrete ``on'' or ...................... 1.

..................... ``off''.

11. Longitudinal Acceleration...... ± 1g.............. ±1.5% max. range 0.25.................

0.004g. .....................

excluding datum error

of ±5%.

12a. Pitch Control(s) position (non- Full Range............ ±2% Unless Higher 0.5 or 0.25

for 0.5% of full range... For airplanes that

fly-by-wire systems). Accuracy Uniquely airplanes operated

have a flight

Required. under §

control break away

121.344(f).

capability that

allows

either pilot

to

operate the

controls

independently,

record

both control

inputs.

The control

inputs

may be

sampled alternately

once

per second to

# produce the sampling

interval of 0.5 or

0.25,

as applicable.

12b. Pitch Control(s) position (fly- Full Range............ ±2° Unless 0.5 or 0.25 for

0.2% of full range... .....................

by-wire systems).\3\. Higher Accuracy airplanes operated

Uniquely Required. under §

121.344(f).

13a. Lateral Control position(s) Full Range ............ ±2° Unless 0.5 or 0.25 for

0.2% of full range... For airplanes that

(non-fly-by-wire). Higher Accuracy airplanes operated

have a flight

Uniquely Required. under §

control break away

125.226(f).

capability that

allows

either pilot

to

operate the

controls

independently,

record

both control

inputs.

The control

inputs

may be

sampled alternately

once

per second to

produce the sampling

interval of 0.5 or

0.25,

as applicable.

13b. Lateral Control position(s) Full Range............ ±2° Unless 0.5 or 0.25 for

0.2% of full range... .....................

(fly-by-wire).\4\. Higher Accura cy airplanes operated

# Uniquely Required. under §

121.344(f).

14a. Yaw Control position(s) (non- Full Range............ ±2° Unless 0.5..................

0.3% of full range... For airplanes that

fly-by-wire) \5\. Highe r Accuracy

have a flight

Uniquely Required.

control break away

capability that

allows

either pilot

to

operate the

controls

independently,

record

both control

inputs.

The control

inputs

may be

sampled alternately

once

per second to

produce the sampling

interval of 0.5.

14b. Yaw Control position(s) (fly- Full Range............ ±2° Unless 0.5..................

0.2% of full range. .....................

by-wire). Higher Accuracy

Uniquely Required.

15. Pitch Control Surface(s) Full Ra nge............ ±2° Unless 0.5 or 0.25 for

0.3% of full range... For airplanes fitted

Position.\6\. Higher Accuracy airplanes operated

with multiple or

Uniquely Required.. under §

split surfaces, a

121.344(f)..

suitable combination

of

inputs is

# acceptable in lieu

of

recording each

surface

separately.

The

control surfaces

may be

sampled

alternately to

produce the sampling

interval of 0.5 or

0.25.

16. Lateral Control Surface(s) Full Range............ ±2° Unless 0.5 or 0.25 for

0.3% of full range... A suitable

Position \7\. Higher Accuracy airplanes operated

combination of

Uniquely Required. under §

surface position

121.344(f).

sensors is

acceptable in lieu

of

recording each

surface

separately.

The

control surfaces

may be

sampled

alternately to

produce the sampling

interval of 0.5 or

0.25.

17. Yaw Control Surface(s) Full Range............ ±2° Unless 0.5.................. 0.2%

of full range... For airplanes with

Position.\8\. Hi gher Accuracy

multiple or split

# Uniquely Required.

surfaces, a suitable

combination of

surface

position

sensors

is

acceptable in lieu

of

recording each

surface

separately.

The

control surfaces

may be

sampled

alternately to

produce the sapling

interval of 0.5.

18. Lateral Acceleration........... ±1g.............. ±1.5% max. range 0.25.................

0.004g. .....................

excluding datum error

of ±5%.

19. Pitch Trim Surface Position.... Full Range............ ±3° Unless 1.................... 0.6%

of full range

Higher Accuracy

Uniquely Required.

20. Trailing Edge Flap or Cockp it Full Range or Each ±3° or as 2....................

0.5% of full range... Flap position and

Control Selection.\10\. Position (dis crete). Pilot's indicator.

cockpit control may

each

be sampled at 4

second

intervals, to

give a

data point

every 2

seconds.

21. Leading Edge Flap or Cockpit Full Ra nge or Each ±3° or as 2....................

0.5% of full range... Left and right sides,

# Control Selection.\11\. Discrete Po sition. Pilot's indicator and

or flap position and

sufficient to

cockpit control may

determine each

each be sampled at 4

discrete position.

second intervals, so

as to

give a data

point

every 2

seconds.

22. Each Thrust Reverser Position St owed, In Transit, ...................... 1 (per

engine)....... ..................... Turbo-jet_2 discretes

(or equivalent for propeller and Reverse

enable the 3 states

airplane). (Discrete).

to be determined.

Turboprop_1

discrete.

23. Ground Spoiler Position or Full Range or Each ±2° Unless 1 or 0.5 for

0.5% of full range

Speed Brake Selection \12\. Position (dis crete). Higher Accuracy airplanes

operated

Uniquely Required. under §

121.344(f).

24. Outside Air Temperature or -50 °C to +90 ±2 °C....... 2.................... 0.3

°C.......... .....................

Total Air Temperature.\13\. °C.

25. Autopilot/Autothrottle/AFCS A suitable combination ......................

1.................... ..................... Discretes should show

Mode and Engagement Status. of discretes.

which systems are

engaged and which

primary modes are

controlling the

flight

path and

# speed

of the

aircraft.

26. Radio Altitude \14\............ -20 ft to 2,500 ft.... ±2 ft or ±3% 1.................... 1 ft +5%

Above 500 ft For autoland/category

Whichever is Greater

3 operations. Each

Below 500 ft and

radio altimeter

±5% above 500 ft.

should be recorded,

but

arranged so that

at least

one is

recorded each

second.

27. Localizer Deviation, MLS ± 400 Microamps or As installed. ±3% 1....................

0.3% of full range... For autoland/category

Azimuth, or GPS Lateral Deviation. available sensor recommended...........

3 operations. each

range as installed

system should be

±62°. recor ded

but

arranged so that at

least

one is

recorded each

second. It is not

necessary to record

ILS

and MLS at the

same

time, only the

approach aid in use

need

be recorded.

# 28. Glideslope Deviation, MLS ±400 Microamps or As installed ±3%.

1.................... 0.3% of full range... For autoland/category

Elevation, or GPS Vertical availabl e sensor recommended...........

3 operations. each

Deviation. range as installed.

system should be

0.9 to

recorded but

+ 30°............

arranged so that at

least

one is

recorded each

second. It is not

necessary to record

ILS

and MLS at the

same

time, only the

approach aid in use

need

be recorded.

29. Marker Beacon Passage.......... Discre te ``on'' or ...................... 1....................

..................... A single discrete is

``off''.

acceptable for all

markers.

30. Master Warning................. Discrete.............. ...................... 1....................

..................... Record the master

warning and record

each

`red' warning

that

cannot be

determined from

other

parameters or

from

the cockpit

# voice

recorder.

31. Air/ground sensor (primary Discrete ``air'' or ...................... 1 (0.25

recommended). .....................

airplane system reference nose or ``ground''.

main gear).

32. Angle of Attack (If measured As installed. ......... As Installed.......... 2 or 0.5 for

0.3% of full range... If left and right

directly). airplanes operated

sensors are

under §

available, each may

125.226(f). be

recorded at 4 or

1

second intervals,

as

appropriate, so

as to

give a data

point

at 2 seconds

or 0.5

second, as

required.

33. Hydraulic Pressure Low, Each Discrete or available ±5%.............. 2....................

0.5% of full range. .....................

System. sensor range, ``low''

or ``normal''.

34. Groundspeed.................... As Installed.......... Most Accurate Systems 1....................

0.2% of full range. .....................

Installed.

35. GPWS (ground proximity warning Discrete ``warning'' ......................

1.................... ..................... A suitable

system). or ``off''.

combination of

discretes unless

recorder capacity is

limited

in which

case a

single

# discrete for all

modes

is acceptable.

36. Landing Gear Position or Discrete.............. ...................... 4....................

..................... A suitable

Landing gear cockpit control

combination of

selection.

discretes should be

recorded.

37. Drift Angle.\15\............... As inst alled.......... As installed.......... 4....................

0.1%................. .....................

38. Wind Speed and Direction....... As in stalled.......... As installed.......... 4....................

1 knot, and .....................

1.0°.

39. Latitude and Longitude......... As installed.......... As installed.......... 4....................

0.002°, or as Provided by the

installed.

Primary Navigation

System

Reference.

Where

capacity

permits

Latitude/

longtitude

resolution should be

0.0002°.

40. Stick shaker and pusher Discrete(s) ``on'' or ...................... 1....................

..................... A suitable

activation. ``off''.

combination of

discretes to

determine

activation.

41. WIndshear Detection............ Discrete ``warning'' ...................... 1

..................... or ``off''.

# 42. Throttle/power lever Full Range............ ±2%.............. 1 for each lever.....

2% of full range..... For airplanes with

position.\16\.

non-mechanically

linked

cockpit

engine

controls.

43. Additional Engine Parameters... As inst alled.......... As installed.......... Each engine

each 2% of full range..... Where capacity

second.

permits, the

preferred priority

is

indicated

vibration level, N2,

EGT,

Fuel Flow, Fuel

Cut-off

lever

position and N3,

unless

engine

manufacturer

recommends

otherwise.

44. Traffic Alert and Collision Discretes............. As installed.......... 1....................

..................... A suitable

Avoidance System (TCAS).

combination of

discretes should be

recorded to

determine the status

ofCombined Control,

Vertical Control, Up

# Advisory, and Down

Advisory. (ref.

ARINC Characteristic

735

Attachment 6E,

TCAS

VERTICAL RA

DATA

OUTPUT WORD.)

45. DME 1 and 2 Distance........... 0-200 NM.............. As installed.......... 4....................

1 NM................. 1 mile.

46. Nav 1 and 2 Selected Frequency. Full range............ As installed..........

4.................... ..................... Sufficient to

determine selected

frequency

47. Selected barometric setting.... Full ra nge............ ±5%.............. (1 per 64 sec.)......

0.2% of full range. .....................

48. Selected Altitude.............. Full range............ ±5%.............. 1.................... 100 ft.

..................... 49. Selected speed................. Full ra nge............ ±5%.............. 1.................... 1 knot.

..................... 50. Selected Mach.................. Full range............ ±5%.............. 1.................... .01.

..................... 51. Selected vertical speed........ Fu ll range............ ±5%.............. 1.................... 100

ft/min. .....................

52. Selected heading............... Full range............ ±5%.............. 1.................... 1°.

..................... 53. Selected flight path........... Full range............ ±5 %.............. 1.................... 1°.

..................... 54. Selected decision height....... Full range............ ±5% .............. 64................... 1 ft.

..................... 55. EFIS display format............ Discrete(s)........... ...................... 4....................

..................... Discretes should show

the

display system

status

(e.g., off,

normal, fail,

composite, sector,

# plan,

nav aids,

weather radar,

range,

copy).

56. Multi-function/Engine Alerts Discrete(s)........... ...................... 4....................

..................... Discretes should show

Display format.

the display system

status

(e.g., off,

normal, fail, and

the

identity of

display

pages for

emergency

procedures, need not

be

recorded).

57. Thrust command.\17\............ Full Ra nge............ ±2%.............. 2.................... 2% of

full range..... .....................

58. Thrust target.................. Full range............ ±2%.............. 4.................... 2% of full

range. .....................

59. Fuel quantity in CG trim tank.. Full range............ ±5%.............. (1 per 64 sec.)......

1% of full range. .....................

60. Primary Navigation System Discrete GPS, INS, VOR/ ......................

4.................... ..................... A suitable

Reference. DME, MLS, Loran C,

combination of

Omega, Localizer

discrete to

Glideslope.

determine the

Primary Navigation

System

reference.

61. Ice Detection.................. Discrete ``ice'' or ...................... 4....................

..................... ``no ice''.

# 62. Engine warning each engine Discrete.............. ...................... 1....................

.....................

vibration.

63. Engine warning each engine ove r Discrete.............. ...................... 1....................

..................... temp.

64. Engine warning each engine oil Discrete.............. ...................... 1....................

..................... pressure low.

65. Engine warning each engine ove r Discrete.............. ...................... 1....................

..................... speed.

66. Yaw Trim Surface Position...... Full Range............ ±3% Unless Higher

2.................... 0.3% of full range... .....................

Accuracy Uniquely

Required.

67. Roll Trim Surface Position..... Full Range............ ±3% Unless Higher 2....................

0.3% of full range... .....................

Accuracy Uniquely

Required.

68. Brake Pressure (left and right) As installed.......... ±5%.............. 1....................

..................... To determine braking

effort

applied by

pilots

or by

autobrakes.

69. Brake Pedal Application (left Disc rete or Analog ±5% (Analog).....

1.................... ..................... To determine braking

and right). ``applied'' or

applied by pilots.

``off''.

70. Yaw or sideslip angle.......... Full Range............ ±5%.............. 1....................

0,5°............ .....................

71. Engine bleed valve position.... Decr ete ``open'' or ...................... 4....................

..................... ..................... ``closed''.

72. De-icing or anti-icing system Discrete ``on'' or ...................... 4....................

..................... ..................... selection. ``off''.

73. Computed center of gravity..... Full Ra nge............ ±5%.............. (1 per 64 sec.)......

1% of full range. .....................

74. AC electrical bus status....... Disc rete ``power'' or ...................... 4....................

..................... Each bus.

``off''.

# 75. DC electrical bus status....... Disc rete ``power'' or ...................... 4....................

..................... Each bus.

``off''.

76. APU bleed valve position....... Discrete ``open'' or ...................... 4....................

..................... ``closed.

77. Hydraulic Pressure (each Full range............ ±5%.............. 2.................... 100

psi. .....................

system).

78. Loss of cabin pressure......... Discrete ``loss'' or ...................... 1....................

..................... ``normal''.

79. Computer failure (critical Discrete ``fail' ' or ...................... 4....................

..................... flight and engine control systems). ``normal''.

80. Heads-up display (when an Discrete(s) ``on'' or ...................... 4....................

..................... information source is installed). ``off''.

81. Para-visual display (when an Discrete(s) ``on'' or ...................... 1....................

..................... information source is installed). ``off''.

82. Cockpit trim control input Full Range............ ±5%.............. 1.................... 0.2%

of full range... Wh ere mechanical

position_pitch.

means for control

inputs

are not

available, cockpit

display

trim

positions should be

recorded.

83. Cockpit trim control input Full Range............ ±5%.............. 1.................... 0.7%

of full range... Wh ere mechanical

position_roll.

means for control

inputs

are not

available, cockpit

display

trim

# position should be

recorded.

84. Cockpit trim control input Full Range............ ±5%.............. 1.................... 0.3%

of full range... Wh ere mechanical

position_yaw.

means for control

input

are not

available, cockpit

display

trim

positions should be

recorded.

85. Trailing edge flap and cockpit Full Range............ ±5%.............. 2....................

0.5% of full range... Trailing edge flaps

flap control position.

and cockpit flap

control

position may

each

be sampled

alternately at 4

second

intervals to

provide a sample

each

0.5 second.

86. Leading edge flap and cockpit Full Range or Discrete ±5%.............. 1....................

0.5% of full range. .....................

flap control position.

87. Ground spoiler position and Full Range or Discrete ±5%.............. 0.5..................

0.3% of full range

speed brake selection.

88. All cockpit flight control Full Range Control ±5%.............. 1....................

0.3% of full range For fly-by-wire

input forces (control wheel, Wheel ±70 lbs

flight control

control column, rudder pedal). C ontrol Column

systems, where

# ±85 lb Rudder

flight control

pedal ±165 lbs.

surface position is

a

function of the

displacement of the

control

input device

only, it

is not

necessary to record

this

parameter. For

airplanes that have

a flight

control

break

away

capability that

allows

either pilot

to

operate the

control

independently,

record

both control

force

inputs. The

control

force inputs

may be

sampled

alternately once per

2

seconds to produce

the

sampling

# interval of 1.

------------------ --------------- --------------- --------------- --------------- --------------- ---------------

--------------- --------------- -------------- \1\ For A300 B2/B4 airplanes, resolution = 6 seconds.

\2\ For A330/A340 series ai rplanes, resolution = 0.703°.

\3\ For A318/A319/A320/A321 series airp lanes, resolution = 0.275% (0.088°>0.064°)

For A330/A340 series airplanes, resolution = 2.2 0% (0.703°>0.064°)

\4\ For A318/A319/A320/A321 series airp lanes, resolution = 0.22% (0.088°>0.080°)

For A330/A340 series airplanes, resolution = 1.7 6% (0.703°>0.080°)

\5\ For A330/A340 series airplanes, resolution = 1.18% (0.703°>0.120°).

\6\ For A330/A340 series airplane s, resolution = 0.783% (0.352°>0.090°)

\7\ For A330/A340 series ai rplanes, aileron resolution = 0.704% (0.352°>0.100°). For

A330/A340 series airplane s, spoiler resolution =

1.406% (0.703°>0.100°).

\8\ For A330/A340 series airplane s, resolution = 0.30% (0.176°>0.12°)

For A330/A340 series airplanes, seconds per sampling interval = 1

\9\ For B-717 series airplanes, resoluti on = .005g. For Dassault F900C/F900EX airplanes,

resolution = .007g.

\10\ For A330/A340 series airplane s, resolution = 1.05% (0.250°>0.120°)

\11\ For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A330

B2/B4 series airplanes, resolution = 0.92%

(0.230°>0.125°).

\12\ For A330/A340 series airplanes, s poiler resolution = 1. 406% (0.703°>0.100°).

\13\ For A330/A340 series ai rplanes, resolution = 0.5°C.

\14\ For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft.

\15\ For A330/A340 series airp lanes, resolution = 0.352 degrees.

\16\ For A318/A319/A320/A321 series airp lanes, resolution = 4.32%. For A330/A340

series airplanes, resolution is 3.27% of full range for throttle lever

angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is

nonlinear over the active revers e thrust range, which is 51.54

degrees to 96.14 degrees. The resolved elem ent is 2.8 degrees uniformly over the entire

active reverse thrust range, or 2.9% of the full range value

of 96.14 degrees.

\17\ For A318/A319/A320/A321 series airplane s, with IAE engines, resolution = 2.58%.

[Doc. No. 28109, 62 FR 38390, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended

by Amdt. 125-32, 64 FR 46121, Aug. 24, 1999; 65 FR 2295, Jan. 14, 2000; Amdt. 125-

32, 65 FR 2295, Jan. 14, 2000; Amdt. 125-34, 65 FR 51745, Aug. 24, 2000; 65 FR

81735, Dec. 27, 2000; Amdt. 125-39, 67 FR 54323, Aug. 21, 2002; Amdt. 125-42, 68 FR

42937, July 18, 2003; 68 FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003]

# RECOMMENDATION DOCUMENT

Number: APP-12; APP-19

Title: Definition of “scheduled operations” unde r Part 119 and the “Part 380 exception”. The

frequency test for defining scheduled operations.

Point of Contact: Patti Thomas (DOT) for original vers ion (Note 1); Eileen Gleimer for final

version.

Background

Section 119.3 defines “scheduled operation” as “any common carri age passenger-carrying

operation for compensation or hire conducted by an air carrier or commerci al operator for which

the certificate holder or its re presentative offers in advance the departure location, departure

time, and arrival location. It does not include any passenger-carrying operation that is

conducted as a public charter opera tion under part 380 of this title. ” [emphasis added] In

defining “on-demand operation,” section 119.3 speci fically includes Public Charters as an

authorized type of operation.

“Public Charters” are a type of charter opera tion that receive economic authority from the

Department of Transportation unde r 14 CFR Part 380, which allows tr ansportation to be sold to

individual members of the public on a per-seat basis. Typically, such flights are arranged and

sold by an indirect air carrier known as a Public Charte r Operator (“char ter operator”) who

contracts with a direct air carrier to provide the air transpor tation. However, direct air carriers

are also allowed to act as their own charter opera tors and sell such flig hts to the public without

using an indirect air carrier, pr ovided that they comply with th e additional rules set forth in 14

CFR 212. Direct air carriers in clude certificated and commuter ai r carriers as well as on-demand

air taxi operators.

Public Charters are subject to various financia l and contractual consum er protection safeguards

that are not required for scheduled operations. These include th e requirement that the charter

operator must obtain a surety bond, surety trust, or letter of credit a nd establish an escrow

account into which passenger payments are to be paid and held until af ter each flight is

completed. In addition, the charter operator must enter into a contract with the passenger that

sets forth the passengers ’ rights and must file a charter prospectus with the Department

certifying that all of these safeguards are in pl ace prior to being authorized to advertise the

Public Charter flights.

Once the Public Charter requirements have been met, such flights may be advertised and sold to

the public. There are no advance purchase requireme nts, and seats may be sold on a one-way or

round-trip basis, with or without a ground packag e. In addition, Part 380 places no restrictions

on the number or frequency of charter flights that may be operated in an y city-pair market.

Under Part 135, scheduled airplane operations are subject to different requ irements than are ondemand airplane operations. Part 135 carriers conducting scheduled flights of five or more

round trips a week in one market are subjec t to the additional ec onomic licensing rules

# applicable to commuter carriers and are required to be found “fit” to conduct such operations by

the Department (see 14 CFR 298). All scheduled airplane operators, including commuters, must

obtain Part 121 authority if th ey operate scheduled flights w ith airplanes with 10 or more

passenger seats. On-demand operators are not subj ect to the Department’s fitness requirements,

and the “dividing line” for when an on-demand ope rator must obtain Part 121 authority is when

more than 30 passenger seats are present.

“Is it scheduled or is it charter?”

Recently, carriers holding on-demand-only authority under Part 135 have conducted or

attempted to conduct Public Charte r flights, and thus pursuant to a published schedule, in excess

of four round trips a week in one market, maki ng them appear more lik e regularly scheduled

flights than charter flights. In some instances, the flights were marketed by the direct air carrier

itself or by a related indirect air carrier using aircraft configured with 10 to 30 seats. By

marketing the flights as Public Charters, the dire ct air carrier was able to operate them under the

on-demand rules of Part 135 even though the fre quency of the operation would otherwise have

required their operation under the commuter rules or under the provi sions of Part 121 because of

the size of the aircraft involved. We believe th at this presents a “loophol e” in the regulations

that harms the public interest by allowing on-demand operators to conduct an unlimited number

of scheduled flights under the guise of a Public Charter ope ration without having met the

additional requirements applicable to commuter operations, and may allow a carrier to operate

under Part 135 rather than Part 121 rules if ai rcraft with between 10 and 30 seats are used.

In those instances where an on-demand operato r has operated Public Charter flights whose

frequency exceeded four round trips a week in one market, the Department, in enforcing its

economic regulations, has required the carrier to apply for a “fitness” determination, similar to

that required of a commuter or a certificated air carrier. It has been the Department’s view that

permitting air taxis to exceed four round trips per week in a given market pursuant to a

published schedule, even if the schedule is that of a charter operator or operated as part of a

Public Charter program, would undermine the integr ity of the Department’s fitness and licensing

program, and is contrary to the public interest.

The FAA agrees that the Public Charter ex ception in section 119.3 creates an unintended

loophole because the Public Charte r regulations permit an air carri er to operate daily turbojet

service according to a pre-esta blished schedule which specifies the departure location, the

departure time and the arrival location. In reli ance on this exception, the operator of a turbojet

aircraft with 30 passenger seats or fewer could operate daily sche duled service in a city pair

under the on-demand rules of Part 135 as long as th e flights are part of a public charter, even

though there is no practical difference from non-pub lic charter scheduled se rvice other than the

economic authority under which the flights are o ffered. As a result, section 119.3, as currently

written, is subject to abuse and c ould be used as a subterfuge fo r avoiding the additional safety

requirements for commuter operations or for operations under Part 121.

To eliminate this loophole, the FAA proposes to treat flights operated as part of a Public Charter

in the same fashion as all other flights for purpos es of determining whether such flights are part

of an on-demand operation or scheduled operation. Except for a modification to permit turbojets

with nine or less passenger seats to be operate d in limited scheduled se rvice under the rules of

Part 135 for aircraft of equivalent size, this modification is not in tended to reflect a desire by the

# FAA to change the underlying requirements for when it considers an operation to be scheduled.

By virtue of this change, the economic classifi cation of the flight will be irrelevant to the

determination of whether it is scheduled. In stead, the FAA will look only at (1) whether the

departure time, departure location and arrival location are specifically negotiated with the

customer or the customer's representative for f lights using aircraft with ten or more passenger

seats or (2) whether there (a) are more than f our roundtrip flights per week over at least one

route and (b) is a published schedul e, for flights using aircraft of nine or less passenger seats. 1



# The FAA does not believe the mere frequency of operations alone is determinative of whether an

operation in aircraft with 9 or less passenger s eats is a "scheduled operation" so long as the

departure time, departure location, and arrival location are specifically negotiated with the

customer or the customer's representative. In the absence of any form of published schedule,

such flights are wholly dependent on the demands of the customers. The current regulations, for

example, would allow for an on-demand operator to accept a charter contract that may require it

to fly between the same two points six times per week at a given time for a period of weeks.

However, these points and the times at which the f lights will occur will dictated by the specific

request of the customer and at the price specif ically negotiated between the customer and the ondemand operator. In the absence of a customer s’ particular request, the on-demand operator

would not otherwise operate thes e flights. A scheduled opera tion, on the other hand, depends on

the matching of customers to seat s on a particular aircraft whose schedule has been determined

in advance of the customer booking the flight. In other words, th e customer’s travel plans must

conform to the schedule the operator has establishe d for the aircraft, as opposed to the schedule

for the aircraft being established to fit th e flight times requested by the passengers.

Consistent with its historic understanding of th e nature of on-demand operations, FAA maintains

that so long as an on-demand operator does not publish a schedule, or otherwise disseminate

information that offers in advance the departur e location, the departure ti me, and arrival location

of its flights, and each of these elements is sp ecifically negotiated with each individual customer,

the operator will not be required to obtain commu ter authority from the FAA. This principle

holds true whether the operation is conducted using the entire cap acity of the aircraft, under the

Public Charter rules, or on a per-seat on-demand basis. In determining whether a schedule is

published for purposes of classifying an operation, it is immaterial whether that schedule is

published by the air carrier, a public charter operator, a tr avel agent or third party.

Circumstances may even exist where a schedule may be deemed to be published, although there

is no written schedule. For example, publication ma y exist if a flight is operated at the same

time every day, and it is known by the public that anyone who shows up and is willing to pay

will be carried on the flight. Publication ma y also be found if the passengers themselves

transmit information on behalf of the carrier.

The FAA does not believe it is relevant whether the transportation is sold on a per-seat or peraircraft basis for purposes of determining wh ether an operation is scheduled or on-demand.

Although it may be easier to sell tr ansportation on a per-seat basis if it is scheduled, the FAA

does not believe an operator’s econo mic or business structure is relevant to the classification of

the operation. If an operator is capable of developing a method of selling transportation on a

1 

## Although all turbojet aircraft operating scheduled servi ce are currently required to op erate in accordance with the

rules of part 121, the FAA has proposed, as noted elsewher e in this NPRM, to permit any turbojet to be utilized in

commuter service, subject to the existing passenger and weight limitations (9 or fewer passengers and maximum

7,500 lbs. payload).

# per-seat basis without having to publish a schedule in advance that contains the departure time,

the departure location and arrival location, such an operation will be considered "on-demand."

If per-seat sales cannot take place without the pu blication of such a sche dule, the operation will

be deemed scheduled (and theref ore subject the appli cable part 135 commuter rules or part 121

rules) if there five or more round trips per week on at least one route between two or more

points.

To provide for the consistent tr eatment and classification of fli ghts, we are proposing to amend

the definition of “scheduled operation” and “on-demand operation” in section 119.3 to impose

the same frequency limitations as would be imposed on any other on-demand operation--less

than five round trips a week on any one route between two or more points. 2 

# In doing so, we do

not believe that the majority of Public Charte r flights would be affected by this action. The

proposed changes affect operations under Part 13 5 only. We are not proposing to require that

any air carrier already operating under the supplemental rules of Part 121 would have to obtain

domestic or flag operations speci fications. We also recognize th at a charter operator wishing to

exceed the proposed frequency limit using small ai rcraft could contract with multiple on-demand

operators and limit each air carrier to no more than four round trip flights a week in one market.

Recommendation:

That the definitions of “scheduled operation” and “on-demand operation” contained in section

119.3 be amended as follows:

"Scheduled operation" means any common carriage passenger-carrying operation for

compensation or hire conducted by an air ca rrier or commercial operator for which the

certificate holder or its represen tative offers in advance the de parture location, departure time,

and arrival location. It does not include any passenger-c arrying operation that is conducted as a

public charter operation under part 380 of this title as long as that operation is conducted (a)

under part 121, (b) under the commuter rules of part 135 or (c) under the on-demand rules of

part 135 with a frequency of operations of less than five round trips a week over each route

between two or more points.

"On-demand operation" means any operation for compensation or hire that is one of the

following:

(1) Passenger-carrying operati ons conducted as a public charte r under part 380 of this title with a

frequency of operations of less than five round trips a week over each route between two or

more points, or any operations in which the depart ure time, departure location, and arrival

2 

## We note that one commenter suggested either rescinding the frequency limit or increasing it. To rescind the limit

and use the definition of “scheduled operation” contained in section 119.3 would result in more on-demand

operations falling under the scheduled/commuter rules than do now, since even a single flight “conducted by an air

carrier or commercial operator for which the certificate holde r or its representative offers in advance the departure

location, departure time, and arrival location” would constitute a scheduled operation and thus, adherence to

different and arguably more stringent operating rules. We do not believe that this was the commenter’s intent. With

respect to the suggestion to increase the number of frequenc ies per week, there was no indication as to what that

frequency might be or why such a change was necessary. The current frequency test is similar to the one applied by

the Department in determining what constitutes a commuter vs. an on-demand operation. To avoid further

confusion between the Department’s and the FAA’s rules, abse nt a strong justification to change the current rules,

we are not prepared to recommend such a change.

# location are specifically negotiate d with the customer or the cust omer's representative that are

any of the following types of operations:

(i) Common carriage operations conducted with ai rplanes, including turboj et-powered airplanes,

having a passenger-seat configur ation of 30 seats or fewer, ex cluding each crewmember seat,

and a payload capacity of 7,500 pounds or less, excep t that operations using a specific airplane

that is also used in domestic or flag operat ions and that is so listed in the operations

specifications as required by § 119.49(a)(4) for those operations are considered supplemental

operations;

(ii) Noncommon or private carr iage operations conducted with ai rplanes having a passenger-seat

configuration of less than 20 seats, excluding each crewmember seat, and a payload capacity of

less than 6,000 pounds; or

(iii) Any rotorcraft operation.

(2) Scheduled passenger-carrying operations cond ucted with one of the following types of

aircraft with a frequency of operations of less than five round trips per week over each route

between two or more points according to the published flight schedules:

(i) Airplanes, other than turbojet powered airplanes, having a maximum passenger-seat

configuration of 9 seats or less, excluding each crewmember seat, and a maximum payload

capacity of 7,500 pounds or less; or

(ii) Rotorcraft.

(3) All-cargo operations conducte d with airplanes having a payl oad capacity of 7,500 pounds or

less, or with rotorcraft.

NOTE: The following is the history of the deve lopment of APP-12; APP-19 which starts with

the original version submitted by DOT followe d by the discussion among members of the

Applicability Committee reviewi ng APP-12; APP-19 on additional proposed changes that could

be made to the write-up and definitions.

NOTE 1: The following is the origin al write up prepared by Patti Thomas

.

Discussion:

Background

Section 119.3 defines “scheduled operation” as “any common carri age passenger-carrying

operation for compensation or hire conducted by an air carrier or commerci al operator for which

the certificate holder or its re presentative offers in advance the departure location, departure

time, and arrival location. It does not include any passenger-carrying operation that is

conducted as a public charter operation under part 380 of this title. ” [emphasis added] In

defining “on-demand operation,” section 119.3 speci fically includes Public Charters as an

authorized type of operation.

“Public Charters” are a type of charter opera tion that receive economic authority from the

Department of Transportation unde r 14 CFR Part 380, which can be sold to individual members

of the public on a per-seat basis. Typicall y, such flights are arranged and sold by an indirect air

# carrier known as a Public Charter Operator (“charter operator”) w ho contracts with a direct air

carrier to provide the air transpor tation. However, direct air carri ers are also allowed to act as

their own charter operators and sell such flights to the public without using an indirect air

carrier, provided that they comply with the ad ditional rules set forth in 14 CFR 212. Direct air

carriers include certificated and co mmuter air carriers as well as on-demand air taxi operators.

Public Charters are subject to various financia l and contractual consum er protection safeguards

that are not required for scheduled operations. These include th e requirement that the charter

operator must obtain a surety bond, surety trust, or letter of credit a nd establish an escrow

account into which passenger payments are to be paid and held until after each flight is

completed. In addition, the charter operator must enter into a contract with the passenger that

sets forth the passengers ’ rights and must file a charter prospectus with the Department

certifying that all of these safeguards are in pl ace prior to being authorized to advertise the

Public Charter flights.

Once the Public Charter requirements have been met, such flights may be advertised and sold to

the public. There are no advance purchase requireme nts, and seats may be sold on a one-way or

round-trip basis, with or without a ground packag e. In addition, Part 380 places no restrictions

on the number or frequency of charter flights that may be operated in an y city-pair market.

Under Part 135, scheduled operations are subject to different requirements than are on-demand

operations. Carriers conducting sc heduled flights of five or mo re round trips a week in one

market are subject to the additional economic licensing rules applicable to commuter carriers

and are required to be found “fit” to conduct such operations by the Department (see 14 CFR

298). In addition, with regard to safety certif ication, commuters must obtain Part 121 authority

if they operate scheduled fli ghts with aircraft with 10 or more seats, whereas on-demand

operators are not required to obt ain commuter Operations Specifi cations and are not subject to

the Department’s fitness requirements, and th e “dividing line” for when an on-demand operator

must obtain Part 121 aut hority is 30 seats.

“Is it scheduled or is it charter?”

Recently, carriers holding on-demand-only authority under Part 135 have conducted or

attempted to conduct charter flights in excess of four round trips a week in one market under the

Public Charter rules, making them appear more lik e scheduled flights than charter flights. In

some instances, the flights were marketed by the di rect air carrier itself or by a related indirect

air carrier using aircraft confi gured with 10 to 30 seats. By conducting the flights as Public

Charters, the direct air carrier was able to operate them under the on-demand rules of Part 135

even though the frequency of the operation woul d otherwise have requir ed their operation under

the commuter rules or under the provisions of Part 121 because of the size of the aircraft

involved. We believe that this presents a “loophole” in the re gulations that harms the public

interest by allowing on-demand operators to con duct scheduled flights under the guise of a

Public Charter operation without having met the a dditional requirements applicable to commuter

operations, and may allow a carrier to operate under Part 135 rather than Part 121 rules if aircraft

with between 10 and 30 seats are used.

In those instances where an on-demand operato r has operated Public Charter flights whose

frequency exceeded four round trips a week in one market, the Department, in enforcing its

# economic regulations, has required the carrier to apply for a “fitness” determination, similar to

that required of a commuter or a certificated air carrier. It has been the Department’s view that

permitting air taxis to exceed four round trips per week in a given market pursuant to a

published schedule, even if the schedule is that of a charter operator or operated as part of a

Public Charter program, would undermine the integr ity of the Department’s fitness and licensing

program, and is contrary to the public interest.

Because of the nature of the Public Charter regu lations, which allows seats to be advertised and

sold to individual members of the public, a nd which imposes no frequency limitations on the

operation of such flights, section 119.3 as now written is subject to abuse and could be used as a

subterfuge for avoiding the additional safety requirements for commuter operations or for

operations under Part 121. Therefore, we are proposing to amend the definition of “scheduled

operation” and “on-demand operation” in se ction 119.3 to impose the same frequency

limitations as would be imposed on any other on- demand operation--less than five round trips a

week on any one route between two or more points. 3 

# In doing so, we do not believe that the

majority of Public Charter flights would be aff ected by this action. The proposed changes affect

operations under Part 135 only. We are not prop osing to require that any air carrier already

operating under the supplemental rules of Part 121 would have to obtain domestic or flag

operations specifications. We also recognize that a charter operator wi shing to exceed the

proposed frequency limit using small aircraft c ould contract with multiple on-demand operators

and limit each air carrier to no more than four round trip flights a week in one market.

Recommendation : That the definitions of “scheduled operation” and “on-demand operation”

contained in section 119.3 be amended as follows:

Scheduled operation means any common carriage pa ssenger-carrying operation for

compensation or hire conducted by an air ca rrier or commercial operator for which the

certificate holder or its represen tative offers in advance the de parture location, departure time,

and arrival location. It does not include any passenger-c arrying operation that is conducted as a

public charter operation under part 380 of this t itle as long as that ope ration is conducted (a)

under part 121, (b) under the commuter rules of part 135, or (c) under the on-demand rules of

part 135 with a frequency of operations of le ss than five round trips a week on one route

between two or more points.

On-demand operation means any operation for compensation or hire that is one of the following:

(1) Passenger-carrying operat ions in which (a) the departur e time, departure location, and

arrival location are specifically ne gotiated with the customer or th e customer's representative, or

(b) are conducted as a pub lic charter under part 380 of this titl e with a frequency of operations of

3 

## We note that one commenter suggested either rescinding the frequency limit or increasing it. To rescind the limit

and use the definition of “scheduled operation” contained in section 119.3 would result in more on-demand

operations falling under the scheduled/commuter rules than do now, since even a single flight “conducted by an air

carrier or commercial operator for which the certificate holde r or its representative offers in advance the departure

location, departure time, and arrival location” would constitute a scheduled operation and thus, adherence to

different and arguably more stringent operating rules. We do not believe that this was the commenter’s intent. With

respect to the suggestion to increase the number of frequenc ies per week, there was no indication as to what that

frequency might be or why such a change was necessary. The current frequency test is similar to the one applied by

the Department in determining what constitutes a commuter vs. an on-demand operation. To avoid further

confusion between the Department’s and the FAA’s rules, abse nt a strong justification to change the current rules,

we are not prepared to recommend such a change.

# less than five round trips a week on one route betw een two or more points, and that are any of

the following types of operations: *****

NOTE 2: The following is the email exchange relating to the original write up contained in

Note 1.

-----Original Message-----

From: Lehman, Dayton [mailto:Dayton.Lehman@ost.dot.gov]

Sent: Tuesday, March 30, 2004 2:50 PM

To: Norman Joseph; Dols, Jonathan; rp riddy@naca.cc; ggarof alo@ggh-airlaw.com;

dkeith@jetsolutions.com; Thomas, Patti

Subject: RE: Proposed KSN on Part 380

I haven't had time fully to digest your comments , Norm, but one observation I have off the top of

my head about your proposed addition that reads: No person, charter operator or air carrier

may combine on-demand operators to offer a greater frequency of operations than permitted

by a single on demand operator.

Let’s assume for the moment that one can acc ept the definition of "s cheduled" proposed in

Patti's doc (up to the point of your addition) wh ich would by its terms exclude operations "under

the on-demand rules of part 135 with a frequency of operations of less than five round trips a

week on one route between two or more points."

It is unclear to me what a charter operator ha s to do with anything we are trying to accomplish

here.

It is also unclear to me why, when our concern is safe operati ons of a particular carrier or

ensuring that like operations are tr eated equally, a combination of more than one carrier is of

concern to the FAA from a safety standpoint. By th is I mean -- if you accept the fact that up to 4

round trip charter flights per week operated as part of an economically-l icensed Public Charter

program filed at OST can be operated without ca lling the ops scheduled, where is the logic (or

legal basis) in the FAA saying that use of a s econd carrier in the same program that would

perform its own 4 flights renders the flights of both the first and sec ond carriers scheduled?

I think I understand your issue -- which is the apparent contradict ion of calling the flights that

are in a program that operates, for example, 3 times a day, 5 da ys a week, roundtrip between the

same 2 points at the same times each of the 5 days, using 3 separate carriers, "charter" flights, as

opposed to "scheduled" flights. But this seems to me to be an economic issue, not a safety issue,

presuming that one accepts the "less than 5 round trips a week" part of the definition.

Maybe the real question concerns the fact that one flight pursu ant to a published schedule is

"scheduled" for FAA safety purposes, but up to 4 roundtrips a week is not "scheduled" if

operated pursuant to OST's Part 380. This issue, to a non-safety expert like myself seems odd.

Dayton

-----Original Message-----

From: Norman Joseph [mailto:normjoseph@peoplepc.com]

Sent: Tuesday, March 30, 2004 4:41 PM

To: Lehman, Dayton; Dols, Jonathan; rpriddy@naca.cc; ggarofalo@ggh-airlaw.com;

dkeith@jetsolutions.com; Thomas, Patti

Subject: RE: Proposed KSN on Part 380

Thanks for your reply Dayton.

# I have accepted Patti's doc. I have also accepte d, for reasons I do not understand, that the

DOT/FAA have approved the concep t of "public scheduled charters " to provide air travel to

unrelated members of the public. The rules, as app lied in today’s world (int ernet etc.) , foster the

possibility that a person, charte r operator or air carrier (anybody w ith a computer or website able

to comply with DOT 380) could package a very robust operation that would appear to the public

to be a substantial scheduled service airline. Th e level of infrastructure, regulatory and safety

oversight that provides public benefit and perception (and the cost of providing same) varies

depending who provides the actual airplane, crew, maintenance, and insurance (ACMI). Again

accepting that on demand operators can provide sche duled service up to 5 round trips, (based on

service to small communities that would likely no t have air service otherwise) I accept that,

under current law, they also be permitted like Part 380 activities. Given the substantial

differences in infrastructure, regulatory and safe ty oversight I am concerned about the leap from

a single on demand operator to a package of on dema nd operators that appear to be a substantial

scheduled air carrier.

Also, in my opinion we are not cr eating a situation where "like ope rations area treated equally".

In today’s world, I believe the "like operation" is in fact scheduled service. DOT/FAA has

permitted this under a public charter, Part 121 Flag/Domestic and Part 135 Commuter rules.

Each of these provider sources are treated consid erably different in terms of infrastructure,

regulation, oversight and the cost to provide same.

If it looks like a duck, ta lks like a duck, walks like a duck it is assumed to be a duck...but is it

really?

Norm

-----Original Message-----

From: Thomas, Patti [mailto:Patti.Thomas@ost.dot.gov]

Sent: Wednesday, April 07, 2004 3:07 PM

To: Norman Joseph; Lehman, Dayton; Dols, Jonathan

Subject: RE: Proposed KSN on Part 380

Norm - I have to agree with Dayton that I don't think that putting a limit on a public charter

operator prohibiting it from using more th an one on-demand operator in a public charter

program--even if it makes that program look like sc heduled service--is a safety concern for the

FAA. I would recommend going ahead with the draf t as I have written it just to get something

posted.

How do you guys feel about that?

Patti

-----Original Message-----

From: Norman Joseph [mailto:normjoseph@peoplePC.com]

Sent: Wednesday, April 07, 2004 4:05 PM

To: Dols, Jonathan; Lehman, Dayton; Thomas, Patti

Subject: RE: Proposed KSN on Part 380

I have provided my opinion. It’s just that. I ha ve no problem posting your original proposal, if

you do not feel my suggestion has merit.

However, it appears you are saying th at it would be just as safe, just as regulated and have the

same level of surveillance and oversight if an undetermined number of on demand operators

came together and provided all the aircraft, mainte nance, crew and insuranc e to a large regional,

national or international scheduled charter program...as compared to a true Part 135 or Part 121

scheduled operation. The only limit appears to be the maximum number of seats for on demand

operators. Am I missing something? Are there ot her limits or restrictio ns? If not, I can not

agree that the use of multiple on demand operators in lieu of a scheduled Part 135 or Part 121

# carrier provides the same safety c oncerns to the FAA or the public.

At any rate, thank you Patti for providing a so lution and the opportuni ty for discussion.

Norm

Dave Hewitt 6-16-2004

I agree with this soluti on, but I think there is also the opportunity to cl ear up the “on-demand”

definition in a related area. I can ’t begin to tell you how many times I have been asked about (or

heard about) the selling of indi vidual seats in Part 135 on-demand operations. As a suggestion,

how about this:

On-demand operation means any operation for compensation or hire that is one of the following:

(1) Passenger-carrying op erations in which:

(a) the departure time, departure location, and arrival location are sp ecifically negotiated

with the customer or the customer's representative, and the entire capacity of the aircraft is

engaged, or;

(b) are conducted as a public charter under part 380 of this title with a frequency of

operations of less than five round trips a week on one route between two or more points, and

that are any of the following types of operations: *****

There may be better wording, but I think we shoul d address and clarify the issue. Additionally,

preamble language should be included that indi cates that individual s eats cannot be sold, only

the entire capacity of the aircraft.

****************************************************************

NOTE 3: ADDED COMMENTS FROM JACQ UE ROSSER TO CLARIFY INTENT OF

STEERING COMMITTEE DECISION.

Regarding to Applicability Issue 12 (APP-12) which was voted on and approved in a prior

Steering Committee Meeting.

Requesting that clarification of the exact nature of the Steering Committee’s agreement is added

to the KSN Recommendation Document (RecDoc). This can be accomplished with the

suggested replacement language at the conclusion of this document. The current text of the

Steering Committee Review section of App-12 is:

The RecDoc does not specify that certain suggest ed changes related to the definition of “ondemand operator” were rejected.

Specifically, one comment suggested the addition of language that would e liminate the ability of

an on-demand operator to sell individual seats or offer mixed-load flights (pax and cargo). Steering Committee Review: Approved. This closes one loophole, the “Indigo Issue”,

the committee agrees that any perceived violations such as linking multiple operators

through a Part 380 indirect ai r carrier should remain an OST enforcement issue.

# The exact comment was:

The Steering Committee agreement was to support the regulatory definitions proposed under the

heading Recommendation on Page 3 of the RecDoc, not those suggested by the above comment.

The text of the Recommendation section is:

I agree with this soluti on, but I think there is also the opportunity to

clear up the “on-demand” definition in a related area. I can’t begin to

tell you how many times I have been asked about (or heard about) the

selling of individual seats in Pa rt 135 on-demand operations. As a

suggestion, how about this:

On-demand operation means any operation for compensation or hire

that is one of the following:

(1) Passenger-carrying op erations in which:

(a) the departure time, departure location, and arrival location are

specifically negotiated with the customer or the customer's

representative, and the entire capacity of the aircraft is engaged, or;

(b) are conducted as a public charter under part 380 of this title

with a frequency of operations of less than five round trips a week

on one route between two or more points, and that are any of the

following types of operations: *****

There may be better wording, but I think we should address and clarify

the issue. Additionally, preamble language should be included that

indicates that individual seats cannot be sold, only the entire capacity

of the aircraft.

# To ensure clarity as the regulatory dr afters work with this document, the Steering Committee

Review section should be revised to note that the comment proposi ng that the entire aircraft

capacity be engaged in order to qualify for on-demand operational status was considered and

rejected and that only the origin al recommendations were adopted.

The proposed change (below) acco mplishes this clarification.

Proposed Change to App 12 document, Steering Committee Review section:

Recommendation : That the definitions of “scheduled operation” and “ondemand operation” contained in section 119.3 be amended as follows:

Scheduled operation means any common carriage passenger-carrying operation

for compensation or hire conducted by an air carrier or commercial operator for

which the certificate holder or its representative offers in advance the departure

location, departure time, and arrival loca tion. It does not include any passengercarrying operation that is conducted as a public charter operation under part 380

of this title as long as that operation is c onducted (a) under pa rt 121, (b) under

the commuter rules of part 135, or (c ) under the on-demand rules of part 135

with a frequency of operations of less than five round trips a week on one route

between two or more points.

On-demand operation means any operation for compen sation or hire that is one

of the following:

(1) Passenger-carrying operations in which (a) the departure time,

departure location, and arri val location are specifical ly negotiated with the

customer or the customer's representative, or (b) are conducted as a public

charter under part 380 of this title with a frequency of operations of less than five

round trips a week on one route between two or more points, and that are any of

the following types of operations: *****

# NOTE 4: ADDED COMMENTS FROM EILEEN GLEIMER TO EXPLAIN

DIFFERENCES BETWEEN FINAL DOCUM ENT AND ORIGINAL DOCUMENT AND

TO INCORPORATE RELATED RECOMME NDATIONS APPROVED BY THE

STEERING COMMITTEE.

As explained in Note 4, the RecDoc approved by the Steering Committee did not include a

requirement that the entire capacity of an aircra ft be engaged in order for an operation to be

considered "on-demand." To incorporate the clar ification and based on the discussion during the

final Steering Committee meeting, th e original RecDoc was revised. The final revised version is

in a format that can be incorporated into th e preamble of the proposed NPRM. Part of the

preamble language addresses per-seat on-demand ope rations in the context of determining

whether such an operation is scheduled or on- demand. The revised RecDoc also includes the

recommendation adopted by the Steering Committee th at would authorize certa in turbojets to be

# operated in scheduled service under the rules of Part 135.

In addition language was changed regarding the re quirement that the frequency of operations be

less than five times per week between two points pursuant to a published schedule. For

example, the proposed revised language for 119.3 created an inadverten t loophole that could

have resulted in an on-demand classification for an operation as long as one of the city-pair

routes had less than five roundtri ps per week pursuant to a published schedule. The change in

the language makes clear that each such route mu st have less than five roundtrips per week

pursuant to a published schedule. In additi on, language was included to address the other

requirement for scheduled service (i.e., a publishe d schedule) so that tr ue on-demand operations

do not inadvertently become classified as schedu led simply because the operator happens to fly

between the same two points mo re than four times per week.

NOTE 5:

(Also suggested) "Scheduled operat ion" means any common carria ge passengercarrying operation for compensat ion or hire conducted by an air carrier or commercial

operator for which the certificat e holder or its representative offers in advance the

departure location, departure time, and arrival location. It do es not include any

passenger-carrying operation that is conducted as a public char ter operation under part

380 of this title as long as that operation is c onducted (a) under part 121, (b) under the

commuter rules of part 135, or (c) under the on-demand rules of part 135 with a

frequency of operations of less t han five round trips a week on one route between two

or more points. No person, chart er operator or air carrier may combine on-demand

operators to offer a greater f requency of operations than permi tted by a single on

demand operator

.

[Inserted regulatory language shown in italic s and underlined. Delete d regulatory language

shown with strikethrough.]

NOTE 6: (by Eileen Gleimer) For purpose of clarif ication [included to en sure that any “missed

changes” are taken care of] (APP 12) Limits on Part 380 Public Charte r - In reviewing APP-12

and APP-20, a pre-existing problem with the de finition covering scheduled on demand service

came to light. Although this was fixed in some pl aces in APP--12, the correction is not made in

all parts of APP-12 or in APP-20. Subparagraph (2) of the current definition of on-demand in

119.3 reads:

Scheduled passenger-carrying opera tions conducted with one of th e following types of aircraft

with a frequency of operations of less than five round trips per week on at least one route

between two or more points according to the pub lished flight schedules ... (emphasis added).

# As written, an operator that has five or more r oundtrips per week over a number of routes but

has less than 5 roundtrips a week on one route, would technically fit in the definition for

scheduled on-demand. Clearly this is not the intent since the commuter definition covers an

operator with a "frequency of operations of at le ast five round trips per week on at least one

route...." This change has already been ma de in APP-12 on page 49, lines 11-12 and 18-19, on

page 589, lines 18-19, on page 590, lines 2-3 and in part of APP-20. To avoid any ambiguity in

the language, we suggest that the language in the scheduled on-demand definition in current

119.3 be changed to read:

Scheduled passenger-carrying opera tions conducted with one of th e following types of aircraft

with a frequency of operations of less than five round trips per week over each on at least one

route between two or more points accord ing to the published flight schedules

Steering Committee Review: See Notes 3 and 4 which address changes to original version

contained in Note 1 based on steering committee di scussion. Also, Note 6 to ensure correction is

carried through all documents.

Final Action: Approved with clarifications on scheduled operation and the sale of individual

seats. Including Notes 1-6 with corrections.

# RECOMMENDATION DOCUMENT

Number: Applicability 16 emb

Issue : Medical Personnel as Crew Members ( Positioning flights for Part 135 should not be

covered under Part 135.)

Discussion :

Background

The typical air ambulance flight operation includ es two or more flight segments, yet only

one of these involves the air tran sportation of one or more patien ts. Air ambulance flight profiles

differ depending upon the location of the patient, wh ether the air ambulance ope rator is based at a

health care facility or at an independent base , and the entity employing the medical personnel.

There is a need to clarify, in al l these situations, that Part 91, rather than Part 135, governs those

flight segments in which flightcrew members and medical personnel, but no patients, are on

board.

Air Ambulance Flight Profiles

The variations in air ambulance flight profiles, including the number of positioning

flights and presence of medica l personnel on board, are determined by several factors. These

include:

(1) Patient location . Air ambulance operations generally fall into one of two

categories: scene responses and patient transfers between hos pitals. A scene

response flight involves the air trans portation of a person , with a health

condition requiring treatment by medi cal personnel from the medical

emergency scene landing location to a hospital. An inter-hospital flight

involves the air transportation of a patie nt from one health care facility to

another.

(2) Entity Employing the Medical Personnel . Medical personnel participating in

air medical transports require specific medical training a nd experience that

meet the specific needs of each patient. The medical personnel may be

employees of the certificate holder, em ployees of the sending or receiving

hospital or contracted personnel from another medical service organization

depending on the aeromedical program structure.

Medical personnel have the responsib ility to provide medical care and

treatment to the patient during transp ort and have no aircraft operational

responsibility unless specifi cally directed by the pilot in command. If aircraft

operational duties are assigned, training must have been provided by the

operator pursuant to an FAA approved training program.

# (3) Aircraft Base . Air ambulance aircraft may be based in any number of locations

most conducive to quick re sponse, including airports, heliports, and helipads on

and off hospital premises.

Depending upon the combination of factors, ther e will be one or more positioning flights

associated with each patient air transportation flight, medical personnel will be on board one or

more of these positioning flights, and the medi cal personnel aboard may or may not be employed

by the certificate holder.

Existing Guidance on Medical Personnel and Positioning Flight Status

The status of medical personnel and positioning fli ghts is addressed in FAA inspector guidance,

interagency policy understandings, and the Federal Av iation Regulations with different degrees of

clarity.

• FAA Order 8400.10

The Air Transportation Operations Insp ector’s Handbook, FAA Order 8400.10, provides that

medical personnel trained in flight operational pr ocedures may be considered crewmembers, and

a flight with only crewmembers on board may be conducted under Part 91. More specifically,

Volume 4, Chapter 5, Section 4, Paragraph 1399.B. states:

Medical personnel may or may not be cons idered crewmembers at the discretion

of the operator. If the operator desi res to consider the medical personnel

crewmembers, the medical personnel mu st complete initial and recurrent

crewmember training programs. Additiona lly, the medical personnel must perform

some duty in an aircraft that relates to the operation of that aircraft, such as

assisting the flightcrew members in seei ng and avoiding other ai rcraft, evaluating a

landing site, coordinating with ground pers onnel at a landing site, and emergency

shutdown of aircraft systems in a crash.

NOTE: If the medical personnel are crew members, they are not considered

passengers. When only crewmembers are on bo ard the aircraft, the flight may be

conducted under FAR Part 91. When a pa tient or passenger is on board the

aircraft, the flight must be conducted under FAR Part 135.

The order permits the certificate holder to determin e medical personnel status. It implies that if

medical personnel do not perform a flight operation al duty, they are not co nsidered crew, and, if

they are on board a flight without a passenger, i. e. a positioning flight, that flight must be

conducted under FAR Part 135.

• FAA/NTSB MOU

In contrast, a 1992 Memorandum of Understanding between the FAA and the NTSB to reconcile

policies for accident reporting oper ational categories is more direct and encompassing. It states:

“EMS positioning flights are Part 91 operations until a passenger is picked up. A doctor, nurse, or

# medical technician are [stet] considered part of the crew.” Under the policy reflected in the

MOU, all medical personnel are considered to be part of the crew and air ambulance positioning

flights are conducted under Part 91. The policy implies that medica l personnel are crew by virtue

of their medical duties related to the care of the patient and not because of any aviation

operational duties.

• Federal Aviation Regulations

The FAR do not specifically addr ess the status of medical pers onnel. Generally, flights by the

certificate holder with only its employees on bo ard are not considered common carriage and may

take place under Part 91. Positioning flights with medical personnel employed by the certificate

holder on board would appear to be in this ca tegory. The status of medical personnel not

employed by the certificat e holder is less clear.

Further, Section 135.85(a) permits a certi ficate holder to carry “a crewmember or other employee

of the certificate holder” without “complying with the passenger-carrying requirements of this

part.” 14 CFR §135.85(a) (emphasis added). Again, it is not certain whether medical personnel

not employed by the certificate holder woul d be considered a “crewmember” under this

exclusion.

Key Points of Discussion

The key point for clarification is that a positioning flight in any of the air ambulance flight

profiles with medical personnel on bo ard may be conducted under Part 91. This clarification will

affirm, among other things, that the air ambul ance operator will be able to access airports,

heliports, and helipads without weather reporting cap ability under instrument flight rules, which

is permissible under Part 91.

Medical Personnel Duties

Medical personnel are integral to an air ambul ance operation. The pilots and the medical

personnel operate as a team with distinct functions. The pilots are responsible for the safe

operation of the flight. The primary reason medical personnel are on board is passenger-patient

care; any aviation operational duties are an cillary to that primary purpose.

Medical personnel associated with an air ambulan ce operation have a special status, as the FAA

NTSB MOU recognizes, simply by virtue of their medical role. They should be considered crew,

and air ambulance positioning flights with onl y crew on board should operate under Part 91.

Requiring medical personnel to pe rform aviation related duties to achieve crew status may, in

some cases, be overly burdensome and should not be necessary. Of course, should the certificate

holder choose to assign medical personnel aviation operational duties, thos e personnel would be

required to complete appropriate training, as is the case now.

# Weather Reporting

The air ambulance industry wants to be able to operate positioni ng flights under the higher level

of safety afforded by instrument flight rules to any airport, heliport, or helipad, when appropriate

to the conditions of the operation. An air ambulance operator’s ability to do so depends on

whether a positioning flight with medical person nel on board is considered Part 91 or Part 135.

IFR operations under Part 135 generally are restricted to airports with weather observations made

at the airport. 14 CFR §135.213. This restriction forces air ambulance operators, when carrying

patients, to operate under visual flight rules when conducting ope rations into airports without

weather reporting capability. Under Part 91, an operator, using IFR, may access any airport,

heliport, or helipad regardless of weather reporting cap ability at that landing facility.

Confirmation that positioning flights with medical personnel on board may be operated under Part

91 will remove any artificial barrier to attaining that higher level of safety for positioning flights.

Recommendations :

1) Amend Section 119.1 to include positioning operations of airc raft with pilots and medical

personnel on board in its exclusions from the applicability of Part 119. Specifically, amend

Section 119.1 by redesignating paragraphs (e)( 4) through (10) as (e)(5) through (11) and

adding new paragraph (e)(4) as follows:

§119.1 Applicability

* * * * *

(e) * * *

(4) Positioning flights by operators holdin g air ambulance operations specifications,

when only flightcrew members or assigned medical personnel, are on board, if:

(i) The medical personnel are assigned to provide medical care during a previous

or subsequent flight segment(s), and

(ii) The medical personnel are qualified in accordance with the certificate

holder’s approved flightcrew and medica l personnel coordination training

program. The flightcrew and medical personnel coordination training

program must include physiological aspe cts of flight, patient loading and

unloading, safety in and around the ai rcraft, passenger briefing, appropriate

inflight emergency procedures, em ergency landing procedures, and

emergency evacuation procedures.

2) In the regulatory preamble to this change include the following:

Medical personnel are integral to an air ambulance operation. The pilots and the

medical personnel operate as a team with dist inct functions. The pilots are responsible

for the safe operation of th e flight. The primary reason me dical personnel are on board

is passenger-patient care. This amendmen t does not change the fact that medical

personnel do not perform safety-sensitive f unctions as defined in FAR 121, Appendices I

and J, and, therefore, are not subject the drug and alcohol testing requirements of FAR

135.251 and FAR 135.255.

# 3) Amend Order 8400.10, Volume 4, Chapter 5, Section 4, Paragraph 1399. B to conform to

this regulatory change, including deleting th e requirement that “medical personnel must

perform some duty in an aircraft that relates to the operation of that aircraft”, unless

the operator so desires and pr ovides appropriate training./

NOTE: AMENDED REGULATORY LANGUAG E PROVIDED BY AEROMEDICAL

APRIL 2005:

xx. Amend Section 119.1 by redesignating paragraphs (e)(4) through (10) as (e)(5)

through (11) and adding new paragraph (e)(4) as follows:

§119.1 Applicability

***

(e) ***

(4) Positioning flights by operators holding air ambulance operations specifications, when

only flightcrew members or assigned medical personnel, are on board, if:

(i) The medical personnel are assigned to pr ovide medical care during a previous or

subsequent flight segment(s), and

(ii) The medical personnel are qualified in accordance with the ce rtificate holder’s

approved flightcrew and medical personnel coordination training program. The

flightcrew and medical personnel coordi nation training program must include

physiological aspects of flight, patient loading and unloading, safety in and around

the aircraft, passenger briefing, appropri ate inflight emergency procedures,

emergency landing procedures, and emergency evacuation procedures.

Steering Committee Review : Agrees that assignment of f light duties are not necessary for

properly trained, qualif ied medical staff.

# Final Action : Approved with amended language.

Notes:

# RECOMMENDATION DOCUMENT

Number: Applicability 18 Docket 60.2

Issue : Adjustment to § 91.501 limited reimbursement allowe d for aircraft sales dem onstration, time sharing

and cargo-only flights.

Issue originally raised by Jack Olcott as “manuf acturer demonstrating airplane to customer;” this

recommendation is from the work of the assigned subcommittee chaired by Dennis Keith, as reported in this

document by David Norton.

Discussion :

SEE COMMENTS AT THE END OF TH IS DISCUSSION. - 2/15/2003 - MJP

The original issue raised was whether or not th e amount of reimbursement specified in 14 C.F.R.

§ 91.501(d), which currently allows for “[f]lights for th e demonstration of an ai rplane to prospective

customers when no charge is made except for thos e specified in [§ 91.501(d)]” under § 91.501(b)(3), meets

the original intent of the rule. The subcommittee chaired by Dennis Keit h to address this issue therefore

reviewed the rule and its underlyi ng regulatory material, and spoke with several indi viduals who had

participated in the original drafting of the rule.

Based on this review, the subcommittee determined th at the original intent of the FAA was to allow

aircraft sellers, be they aircraft manuf acturers selling new aircraft or owners selling their own used aircraft, to

recover all of their direct operating co sts for such demonstration flights, i.e., those expenses that would not

have been incurred if the flight not been made (such as fuel costs for that specific flight), plus an additional

amount representing a pro rata portion of those expenses not directly in curred by the partic ular flight but

appropriately attributed thereto (suc h as a pro rata portion of pilot sala ries, aircraft depreciation, and so

forth). Recognizing the difficulty in accurately arriving at an amount re presenting these latter costs, in 1973

the FAA elected to allow for the recovery of certain specifically delineated direct operating costs arising

from such flights (codified as those costs recove rable under § 91.501(d)(1-9)), pl us an additional amount

equal to 100% of the fuel costs for those flights as a reasonable approximation for the additional permitted

costs (codified as the permitted recovery of an additio nal amount equal to 100% of the cost of the fuel and

lubricants for the flight under § 91.501(d)(10)). In this way, the FAA could allow an aircra ft seller to recover

approximately all of its operating costs for demonstration f lights, but still limit the abil ity to abuse this rule in

an effort to derive some profit from those flights.

As part of this process, the FAA also determ ined the that same reasoning and methodology should

apply to those costs that may be r ecoverable for aircraft time sharing ope rations (§ 91.501(c)(1)), as well as

operations involving a company’s carri age of its own property incidental to its non-air transportation

business (or “cargo-only” flights) (§ 91.501(b)(7)). Th e subcommittee therefore fe lt that, although the issue

of whether or not to adjust reimbursement for time sh aring or cargo-only flights was not originally raised

along with the question of addressing reimbursement for aircraft demonstra tion flights, due to the original

identical treatment of all three of these types flights by the FAA, and the fact that modifying the rule with

respect to demonstrati on flights will necessarily have some effect on how time sharing and cargo-only flights

are addressed under the current rule, th e issue should be expanded here to address all thre e types of flights as

well.

The subcommittee’s review of these issues result ed in the determination that due to significant

changes over the last thirty years in the different types and amounts of cost s facing aircraft operators (such as

significant changes in engine efficien cies leading to lower relative fuel usage), the original goal of allowing

# for full cost-recovery from demonstration, cargo-only a nd time sharing operations is no longer being met by

the § 91.501(d)(10) allowance of an additional 1 00% of the fuel costs for such flights.

In light of changes in these underlying costs since the rule was originally promulgated, the

subcommittee therefore spoke with several industry sources, seeking gu idance on what appropriate fuel

multipliers would be that would allow the original intent of the rule to be followed without opening the

application of the rule to abuse. The subcommittee also recognized th at with the common use of various

exemptions making the application of these rules to a broad range of aircraft operators rather than just multiengine turbojet operators, it was also appropriate to seek to define fuel multipliers for those type of aircraft as

well. These initial efforts lead to an initial proposal that an appropr iate adjustment could be made by

increasing the percentage of the additi onal cost of the fuel and other lubr icants for demonstration, cargo-only

and time sharing flights from 100% to 167% for turbojet aircraft, or, in those in stances where non-turbojet

aircraft were being operated under this rule either because they are large ai rcraft or because the operator has

been granted an exemption to do so by the FAA, to 275% for turboprop aircraft, 200% for piston aircraft, or

400% for turbine helicopter aircraft.

After arriving at this initial proposal, the s ubcommittee sought additional information and guidance

from Conklin & de Decker, a well-know firm in the co rporate aviation industry th at performs, among other

things, analysis on the costs of owni ng and operating a broad range of civil aircraft. Mr. de Decker of that

firm responded to this request with the following analysis:

[W]e have analyzed a variety of jet aircraft in several classes to determine the average fuel

multiplier for those classes. We had originally discussed one multiplier for jets (2.67). Then,

based on various comments it was felt that th ree multipliers would be more appropriate (2.00

for old aircraft, 2.67 for modern aircraft and 2.33 for a small group of “in between” aircraft).

Then, as a result of [additional] discussions . . . , we re-examined the multipliers for a large

number of jets to support the final recommendation.

The first result of the analysis was that a clos er examination of the aircraft in the middle

category (with the 2.33 multiplier) really split into two categor ies. One category (with the

CL 600 and the Falcon 200) is much closer to the “newer” aircraft with the 2.67 multiplier.

The other category (primarily w ith the Gulfstream IV/IVSP) is much closer to the “older”

aircraft with the 2.00 multiplier. Accordingly, our recommendation is to delete the middle

category with the 2.33 multiplier and reassign the fe w aircraft in that category to the other

two categories as indicated. The following analysis is based on these two categories.

The attached analysis summarizes the results of the analysis. One of the major variables in

the analysis is of course the cost of fuel. There are two published sources of average fuel

costs available. One is published by AirN av and the other is published by ARG/US. Until

recently, these were fairly close. During 2004 these two indices diverged significantly. The

AirNav average fuel cost is currently $2.88. The ARG/US average fuel cost is $3.47 gallon.

Given this wide divergence in fuel cost, we calcu lated the fuel multiplier to cover the cost of

fuel, maintenance, etc. in two different ways:

- The first way was to calculate the multiplier with the two different average fuel costs

shown above. This yielded the following:

# Type of Aircraft Older Aircraft Newer Aircraft

(2.00 Multiplie r) (2.67 Multiplier)

Fuel at $2.88/Gallon 2.15 2.81

Fuel at $3.47/Gallon 1.95 2.50

- The alternate way of looking at this is to average the two average fuel prices and

determine the resulting multiplier. The av erage fuel price is $3.175 per gallon. This

yielded the following:

Type of Aircraft Older Aircraft Newer Aircraft

(2.00 Multiplie r) (2.67 Multiplier)

Fuel at $3.175/Gallon 2.04 2.64

The results of this analysis support the use of a fuel multiplier of 2.00 for the older aircraft

and a multiplier of 2.67 for the newer aircraft as well as the in-pr oduction and future aircraft.

Attached is one workbook with three tables. Th e first table shows the aircraft in each

multiplier category. The other tabl es show the detailed analysis for a representative group of

aircraft in each category.

As discussed previously, the real key to classifying the aircraft is the engine and as you can

see the attached listing of aircraft shows both the list of engines for each class of multiplier

and a representative list of aircraft with those engines.

(Written comments to the subcomittee provided by Mr. Bi ll de Decker on or about January 20, 2005.) The

workbook referenced in Mr. de Decker’s res ponse are reproduced in the following tables:

Recommended Jet Aircraft Fuel Multiplier

Multiplier = 2.0 X Multiplier = 2.67 X

Make & Model Year Cert. Engine Make & Model Year Cert. Engine

All Out Of

Production All Current

Production Jets

All Newly Certificated

Jets

And the following

aircraft:

B 727-100/200 1964 PW JT-8D Astra SP/SPX 1986 H TFE-731

B 737-200 1968 PW JT-8D B 737-300 1984 CFM 56

BAC 1-11 1965 RR Spey Beechjet 400/400A 1985 PWC JT-15D

DC 9 (All) 1965 PW JT-8D Citation 500 (All) 1972 PWC JT-15D

Falcon 20 1965 GE CF-700 Citation 550 (All) 1978 PWC JT-15D

Fokker 28 1969 RR Spey Citation 525 1993 W FJ 44

Gulfstream II/IIB 1967 RR Spey Citation 650 (All) 1983 H TFE-731

Gulfstream III 1979 RR Spey CL 600 1981 H ALF-502

## Gulfstream IV/IVSP 1986 RR Tay CL 601 (all) 1983 GE CF-34

Hansa Jet HFB 320 1967 GE CJ-610 Diamond 1 1982 PWC JT-15D

Hawker 1A - 400 1965 RR Viper Falcon 10/100 1973 H TFE-731

Hawker 600 1973 RR Viper Falcon 200 1983 H ATF3-6

Jet Commodore

1121/1123 1965 GE CJ-610 Falcon 2000 1995 CFE 738

Jetstar -6/-8 1961 PW JT-12 Falcon 20-5 1991 H TFE-731

Learjet

23/24/25/28/29 1965 GE CJ-610 Falcon 50 1980 H TFE-731

MD 80 (All) 1980 PW JT-8D-200 Falcon 900 1986 H TFE-731

Sabre 40/60/75 1964 PW JT-12 Gulfstrean V 1995 RR BR-710

Sabre 80 1974 GE CF-700 Hawker 1000 1990 PWC 300

Hawker 400F 1980 PWC JT-15D

Hawker 700 1977 H TFE-731

Hawker 800 1984 H TFE-731

Jetsatar II/731 1976 H TFE-731

Learjet 31 1988 H TFE-731

Learjet 35/36 1974 H TFE-731

Learjet 55 1981 H TFE-731

MD 90 1995 V 2500

Sabre 65 1980 H TFE-731

Westwind 1/2 1976 H TFE-731

Aircraft Equipped

With: GE CF-700 Aircraft Equipped

With: CFE 738

GE CJ-610 CFM 56

PW JT-12 GE CF-34

PW JT-8D H TFE-731

RR Spey PWC 300

RR Viper PWC 500

RR Tay PWC JT-15D

RR AE-3007

RR BR-710

V 2500

W FJ 44

Ratios for a Representative Fleet

Sample

Multiplier

= 2.0 X Fuel Fuel/Hr Maintenance Fixed Cost Ratio

Consumption $ 3.37 per Hour per Hour

Make &

Model Year Cert. Engine per gallon

All Out Of

Production

B 727- 1964 PW JT- 1174 $ 3,956 $ 1,854 $ 1,237 1.78

## 100/200 8D

BAC 1-11 1965 RR Spey 900 $ 3,033 $ 1,373 $ 732 1.69

Falcon 20 1965 GE CF700 378 $ 1,274 $ 1,103 $ 554 2.30

Gulfstream

II 1967 RR Spey 599 $ 2,019 $ 1,521 $ 755 2.13

Gulfstream

III 1979 RR Spey 550 $ 1,854 $ 1,273 $ 830 2.13

Gulfstream

IV/IVSP 1986 RR Tay 512 $ 1,725 $ 587 $ 955 1.89

Hawker

400 1965 RR Viper 387 $ 1,304 $ 1,199 $ 497 2.30

Learjet 25 1965 GE CJ610 316 $ 1,065 $ 937 $ 537 2.38

Sabre 60 1964 PW JT12 350 $ 1,180 $ 1,005 $ 519 2.29

$ 17,409 $ 10,853 $ 6,616 2.00

Ratios for a Representative Fleet Sample

Multiplier = 2.67 X Fuel Fuel/Hr Maintenance Fixed

Cost Ratio

Consumption $ 3.12 per Hour per Hour

Make & Model Year

Cert. Engine per gallon

All Current

Production Jets

All Newly

Certificated Jets

Astra SP 1986 H TFE-731 241 $ 752 $ 663 $ 624 2.71

Beechjet 400A 1985 PWC JT-15D 222 $ 693 $ 464 $ 571 2.49

Citation 550 1978 PWC JT-15D 170 $ 530 $ 359 $ 495 2.61

Citation CJ 1 1993 W FJ 44 134 $ 418 $ 305 $ 448 2.80

Citation VI 1983 H TFE-731 276 $ 861 $ 831 $ 635 2.70

Citation X RR AE 3007 386 $ 1,204 $ 623 $ 1,071 2.41

CL 600 1981 H ALF-502 352 $ 1,098 $ 1,521 $ 766 3.08

CL 601-3A 1983 GE CF-34 329 $ 1,026 $ 1,046 $ 855 2.85

Falcon 100 1973 H TFE-731 237 $ 739 $ 873 $ 553 2.93

Falcon 200 1983 H ATF3-6 325 $ 1,014 $ 1,354 $ 600 2.93

Falcon 2000 1995 CFE 738 296 $ 924 $ 529 $ 949 2.60

Falcon 50 1980 H TFE-731 323 $ 1,008 $ 646 $ 966 2.60

Falcon 900 1986 H TFE-731 314 $ 980 $ 694 $ 1,029 2.76

Global Express RR BR-710 492 $ 1,535 $ 676 $ 1,186 2.21

Gulfstreanm 200 PWC 300 301 $ 939 $ 568 $ 918 2.58

Gulfstrean 550 1995 RR BR-710 445 $ 1,388 $ 704 $ 1,147 2.33

Hawker 700 1977 H TFE-731 263 $ 821 $ 992 $ 542 2.87

Hawker 800XP 1984 H TFE-731 264 $ 824 $ 519 $ 678 2.45

Learjet 31 1988 H TFE-731 202 $ 630 $ 525 $ 562 2.72

## Learjet 35 1974 H TFE-731 229 $ 714 $ 761 $ 558 2.85

Learjet 55 1981 H TFE-731 252 $ 786 $ 842 $ 630 2.87

Westwind 1/2 1976 H TFE-731 243 $ 758 $ 919 $ 557 2.95

Average ratio $ 19,644 $ 16,415 $16,340 2.67



# The end result of this analysis was the creation of the draft regulatory language below that recognizes several

possible fuel multipliers that can be use for demonstra tion, time sharing and cargo-only flights based on the

type of equipment being used.

It is also appropriate to note that the FAA’s or iginal treatment of these cost reimbursements did not

contemplate the ability to make any type of profit from these flights, and the recommendation below is

consistent with this approach as it does not consid er or allow for the making of any profit; rather, it is

intended to essentially serve only as an adjustment to the amounts origina lly allowed in recognition of the

changes in the types and amounts of costs that currently face aircraft operators. Moreover, the subcommittee

recognizes that there currently is so me abuse of these provis ions within the general aviation community, and

there is a fear in the Part 135 commu nity that if the recoverable amount s under § 91.501(d) are increased, this

action will lead to even more abuse. The subcommittee believes that this is not a valid reason to not increase

the amounts recoverable to the to levels originally contemplated by the rules for those parties who are

properly complying with them. The limited exempti ons found in § 91.501 are only permitted to be used by

those operators that are not otherw ise required to comply with one of the commercial parts, and bringing

§ 91.501(d) back into line with its original intent does not change this fundamental principal.

That being said, the subcommitt ee does recognize that it is currently difficult for FAA safety

inspectors to easily and efficiently monitor compliance with the provisions of this rule as it is currently

written. As such, the subcommittee recommends that the rule adopt the require ment that any aircraft

operator seeking to take advantage of the cost-reimbursement provisions with respect to demonstration, time

sharing and cargo-only flights maintain appropriate contemporaneous written records related to each flight in

which reimbursement is made to the extent permitted under § 91.501(d).

Finally, the subcommittee also recognizes that the Applicability Working Group is currently

addressing the issue of whether th e provisions currently found in § 91.501( b) should be amended and moved

to another location within Part 91 such that they potentially apply to all sizes and types of aircraft, not just

multi-engine and large aircraft. If this eventually happens, the numberi ng of the proposed changes below can

be amended as appropriate at that time.

I wish to strongly object to any change in the cu rrent §91.501 as proposed by the Applicability Working

Group, Recommendation Document 18, Docket 60.2.

The Part 125/135 Aviation Rulemaking Committee (ARC) was established by the FAA for updating Part

125, and Part 135 Federal Aviation Regulations (FARs) and related regulations as e ffected by changes to the

Part 125/135 regulations (i.e., Part 119, Part 91, Part 61). Therefore, I belie ve it is out of th e scope of this

ARC to randomly select FARs not specifically effected by changes to Part 125/135 regulations, as has

apparently been done in this R ecommendation Document (RecDoc).

As stated in the discussion of this RecDoc, this issue was brought up w ithout any reference to a change in

# Part 125 or Part 135 regulations . It appears to me that someone found a forum to try to effect a change in

§91.501 for whatever personal interest they may have had, and the Applicability Working Group chose to

address the RecDoc, without cons idering that it may be out of the scope of this ARC.

However, on the assumption that the FAA is willing to consider this RecDoc as within the ARC’s scope, I

submit the following arguments for not a pproving this RecDoc as written.

1. The original RecDoc was presen ted as a change to the “sal es demo” portion of 91.501, only.

However, by association it was expanded to include other areas of 91.501, such as Time Sharing, etc.

Sales demos are one thing, expanding to include Time Sharing is something with far greater

implications, particularly the increased reality of abuse, and additional treat to established air carriers.

2. The discussion states the subcommittee acknowle dged that the expanding this recommendation to

time-sharing and cargo-only flights wa s not originally raised, but sinc e it was originally addressed in

this manner, it should then be expanded to includ e time sharing and cargo-onl y flights. I object to

this decision. Although I am against changing 91.501 at all, it would be more palatable if restricted to

sales demos only, and limiting the number of sales demos to any potential buyer.

3. The subcommittee’s argument for making this re commendation was that signi ficant changes over the

last 30 years in the different types and amounts of costs facing aircraft operat ors has grown to a point

where the 100% current method under 91.501(d)(10) is not sufficient compensation for the aircraft

owner. Yet, the only reason given for the significa nt changes was engine fu el efficiencies. Fuel

efficient engines cannot be a valid argu ment to change this rule, as the cost of fuel is almost ten fold

from what it was 30 years ago. Therefore, even though the engines are more efficient, the cost of fuel

is greater making this argument a push at best. As an example, th e Learjet 25 burns an average of

316 gallons per hour and did so 30 years ago. The curr ent Learjet 35 with more fuel efficient engines

burns around 221 gallons per hour ( pe r Conklin & de Decker Fall 2002). The average cost of jet fuel

30 years ago was $1.20 (estimated-no available record ). The average cost of jet fuel today per

ARG/US is $3.47. Therefore, a calcu lation of each would prove my

1.20 x 316 gallons =’s $379.20 per gallon.

3.47 x 221 gallons =’s $766.87 per gallon.

point that although the jet engines burn less fuel, the cost is much greater which gives a current

aircraft owner an equal to or (as in my example) s ubstantially greater benefit than the aircraft owners

of 30 years ago.

4. From the discussion detailed within this RecDoc, most of the rese arch was determining the formula

for increasing the current 100% allowed in 91.501(d)(10) to some other percentage. There has been

almost no research done on the real need for any increase ot her than to make unfounded or

undocumented assumptions. I have stated my argument for why fuel-efficient engines are not a valid

reason for increasing the current allowance in (d)( 10), and the only other si gnificant possible reason

would be pilot salary increases. This argument w ould not work well in regards to sales demos as

most aircraft sales companies do not have full time pilots sitting around wait ing to fly demonstration

flights. Therefore, pilot salari es are not a problem for aircraft sales companies. However, for

companies wanting to participate in the time sharing or cargo only portion of 91.501,that do have

pilot salaries, I believe with the increase cost of fu el the 100% rule still works as it has in the past.

5. Further within the RecDoc’s discussion, it was ac knowledged that the FAA’s original treatment of

these cost reimbursements (as allowed in 91.501 (d)) di d not contemplate the abil ity to make any type

of profit from these flights, and it was the subcommittees opinion that they were being consistent with

this approach with the increases to (d)(10) becau se it (the subcommittee) did not believe it allowed

for the making of any profit. However, the subco mmittee gives no statistical or calculatable support

for this assumption. Further, the definition of prof it is different for a corporation trying to recover

# costs of their flight department, than for an air ca rrier who is in the busine ss of commercial aviation,

and considers profit the simple difference between income and expenses. Most corporations whose

business is not related to commercial aviation woul d enjoy any method by which they can recover all

or some of their cost of owning an aircraft and op erating a flight department. Therefore, any monies

being returned over and above there direct operating costs is profit to that corporation. And, the more

you allow a corporation to receive monies above thei r direct operating costs the more they have an

incentive to rent out their aircraft and/or crew. I firmly disagree with the subcommittee’s assumption

that their recommended increases are consistent with the FAA’s original allowance. I believe its just

the opposite, in that the more you allow a corporation to receive above their dire ct operating costs, the

more the chance for profit, and the more incen tive you give them to abuse this regulation.

6. I further disagree with the subcommittees “brush o ff” of the threat to Part 135 operators, of any

increase to (d)(10). They admit that there is some abuse of this regulation but that abuse should not

keep their recommended increase from becoming re gulatory. However, I doubt any of us know the

amount of abuse currently going on within the Pa rt 91 community, and to make any assumption

concerning this would be without documented support. I can tell you that my personal experience is

that the Part 91 community is my bi ggest competitor. One of the reasons for this is that the FAA does

not have the staffing or budget to monitor Part 91 ope rators, as they do Part 135 operators. Therefore,

considering the lack of FAA resources and know ing that abuse does happen, why consider any

increases to 91.501(d)(10) that woul d only exacerbate the problem?

7. The subcommittee states that the way to solve abuse of this regul ation is to requ ire the Part 91

operators using provisions of 91.501 to keep contem poraneous records. Co me on, who is going to

check these records. This is just a feel good way to try to get (d)(10) changed. Again, the FAA does

not have the manpower to check these contemporaneous records, and requiring this record keeping is

not going to deter anyone from abusing the regulation. If the IRS decided not to audit any tax payers

in the future, but required be tter documentation of deductions as an offset for no audits, do you

believe taxpayer abuse w ould increase or not?

8. My final argument would be to gi ve you a real example of the curr ent benefit of 91.501(d) to Part 91

operators and the increased value to them under this RecDoc propos al. My example is a flight in a

Hawker 800A from Indianapolis to Philadelphia for a one day flight . In this example, I am only

going to use 91.501(d) line items that financ ially benefit the aircraft owner.

a. Flight time round trip: 2.9 hours.

b. Fuel cost for the trip: Average burn rate of 265 gallon an hour (Conklin & de Decker) at an

average price per gall on of $3.47 (ARG/US).

c. Total fuel cost for this flight equals $2,667.

d. Insurance cost for this specifi c flight (based on 400 hours per year at a cost of $51,000 annually)

is $369.75.

e. Total of 91.501(d)(4) & (10) as it re lates to this flight equals $3,037.

f. Under the increases proposed by this RecDoc to 91.501 the benefit to the Part 91 operator would

be $4,824.

g. It would not take very many time sharing hours befo re the Part 91 operators return pays for most

or all of their fixed expenses, th ereby, making time sharing agreements “profitable” to the Part 91

operator without the requirement to be certified as an air carrier.

In summary, it is my opinion that any increase to 91.501(d)(10) is not needed, th at it would increase the

already existing abuse of this regulation, that safe ty may be compromised as more passenger fly on nonair carrier aircraft, and it fu rther infringes on business that supports the Part 135 industry.

Respectfully submitted,

# Mick Pittard

Aviation Charter Services

Indianapolis, IN

Recommendation :

The subcommittee recommends that the Applic ability Working Group and the Steering Committee

consider the following changes (l isted here in the form of a draft preamble) to § 91.501(d):

On October 7, 1971, the FAA proposed new rules applicable to large and turbine-powered

multiengine aircraft. (NPRM 71-32; 36 F.R. 19507) These rules were the result of a task force

recommendation in response to a fa tal accident in the fall of 1970, which involved a charter flight carrying a

college football team on a large aircraft. The recommendation was that additional safety rules should be

promulgated for the operation, maintenance and inspection of such aircraft, but that the rules be placed in

Part 91 rather than Parts 135 or 121 in order to no t increase the economic burdens on those operators who

were using such aircraft for thei r own personal and non-tran sportation business purpos es and not holding out

to the public to provide such transportation as a common carrier. The FAA recognized that although the

recovery of costs for the conduct of such flights w ould cause those flights to be considered commercial

operations under the existing rules, it was appropriate, upon the promulgation of add itional safety regulations

for those aircraft, to create several narrow exemptions to the requirement to receive certification as a

commercial operator or air carrier wh ere such cost recovery was limited in amount and scope and no profit

motive was involved in such use of those aircraft. (36 F.R. 19508)

One of the several types of operations that were specifically addressed in th is initial proposed rulemaking was aircraft demonstration flight s. The FAA noted, in part, that it had already “made it clear that the

manufacturer or an aircraft sales company does not need a commercial op erator certificate to demonstrate

aircraft in flight to a prospective purchaser. Moreover, in connection wi th the such flights the prospective

purchased (sic) may be charged a fee to defray the norma l operating expenses of the f light such as fuel, oil,

hangar or landing fees, and sala ry of the flight crew. Such demonstrat ions are considered to be within the

scope of, and incidental to, the prim ary business of the airc raft manufacturer or sa les company.” (36 F.R.

19509) Section 91.181(b)(3) of the propos ed rule therefore provided that one type of operation that would

not trigger the requirement to obtain commercial certification would be “f lights for the demonstration of an

airplane to prospective customers . . . .” (36 F.R. 19512)

On July 25, 1972, the FAA issued its final rule cr eating the new proposed Subpart D (now Subpart F)

to Part 91. After considering all of the comments rece ived to the original notice of proposed rulemaking, the

FAA issued in final form the rule as originally propos ed with respect to demonstr ation flights, and further

clarified that the ability to charge such normal operating expenses applied not only to the original

manufacturer of the aircraft but also to aircraft owners who were dem onstrating their own aircraft for the

potential sale of those aircraft. ( 37 F.R. 14760). It also created a defi nition of expenses that could be

# recovered for these as well as a numbe r of other types flights. These “normal operating expenses” included

expenses for fuel, oil, hangar and landing fees, and salari es of the flight crew, and the ability to recover at

least a pro rata share of such expens es applied not only to demonstration flights but to flights on personal and

company aircraft, and flights under time sharing, interc hange and joint ownership agreements as well. (37

F.R. 14763-14764)

In October of 1972, the FAA issued as Notice 72-28 an additional notice of proposed rulemaking,

addressing the charges that could be made under the ne w Subpart D rules. In this notice the FAA observed

that although it clearly intended to allow for some cost reimburseme nt for certain operations when it

promulgated the new Subpart D, “it was not intended th at those operations be c onducted for the purpose of

making a profit. In issuing the same rule, the FAA believed that it was ac complishing this intent by expressly

providing therein that no charge ma y be made in excess of the ‘norma l operating expenses of the flight,

including fuel, oil, hangar and landing fees, and salary of the flight cr ew.’” (37 F.R. 22798) Upon issuing

the final rule, however, the FAA received many inquiries as to whether certain e xpenses constituted normal

operating expenses within the meaning of the regula tion, and how or whether ce rtain yearly or periodic

expenses could be charged as an expense for a particul ar flight on a pro rata basis. In light of these

comments, the FAA determined that the phrase “normal ope rating expenses” as used in the rule was so broad

as to allow significant abuse of the intent of that rule, and therefor e proposed deleting the reference to

“normal operating expenses” entirely, and, with respect to demonstration flight s, operations involving a

company’s carriage of its own propert y incidental to its non-air transp ortation business (or “cargo-only”)

flights, and time sharing flights, replacing it with a new § 91.181(d) ( now re-numbered as § 91.501(d)). (37

F.R. 22799)

This new proposed section primarily allowed for the recovery of those “expens es [that] are incurred

as a direct result of the fl ight, i.e., expenses that w ould not have been incurred if the flight had not been

made.” The FAA also recognized that it would be appropr iate to allow for the rec overy of certain additional

expenses that “could be attributable to a flight although they are not typically incurred as a direct result of the

flight in that they are incurred irrespective of whether or not a particular flight is conducted. Among such

expenses are: (1) salaries of fli ght crews employed by the operator, (2 ) aircraft depreciation, (3) insurance

premiums (hull and liability), (4) cr ew training costs, and (5) maintenanc e costs.” (37 F.R. 22799) The FAA

invited suggestions on how to properly define and capture the latter categor y of expenses while still staying

within the original intent of the rule of not allowing for a profit motive for such operations, and then stated

that “[r]ecognizing the difficulty of determining the amount of flight crew salary, maintenance expenses, and

depreciation that should be charged fo r a specific flight, it has been sugge sted that a charge equal to 100% of

the cost of the fuel for the flight be allowed instead of the specific computation of those expenses. Based on

information available to the FAA, it appears that this suggestion may be a reasonable method of

approximating those expenses, and provide the additional benefit of relieving the FAA of the administrative

burden of verifying in detail the various methods used by operators to compute t hose expenses, in order to

insure that a profit is not being made.” (37 F.R. 22799)

On July 17, 1973, the FAA issued as Amendment No. 91-118 changes to Subpart D based on its

notice for proposed rulemaking issued in October of 1972. As part of the amendment, the FAA determined

that in addition to being allowed to charge for the direct operating costs of demonstration, cargo-only and

time sharing flights, the allowance of a charge equal to 100% of the cost of the fuel for the flight would

reasonably approximate expenses not incurred as a direct result of a particular flight, but appropriately

attributed thereto. The FAA accomplished this by specifi cally listing the direct oper ating costs that could be

recovered for such flights under what is now § 91.501(d)(1-9), and allowing for the recovery of an additional

# amount equal to 100% of the cost of the fuel for each such flight, under what is now § 91.501(10), as a

reasonable approximation of the pro rata indirect costs that co uld be recovered for those operations. (38 F.R.

19024)

Although the FAA determined that allowing for the recovery of an additional amount equal to 100%

of the cost of fuel for aircraft demonstration or time sharing operations was a reasonable method for

approximating the pro rata indirect cost s properly attributable to those fli ghts in 1973, over the last thirty-plus

years the range and relative distribu tion of operating costs for these type s of operations has significantly

shifted and expanded. There is a much broader ra nge of aircraft makes, models and performance

specifications that still fit within the general category of large and turbine-powered multiengine aircraft, and

there are many other aircraft that do not fit into this general categor y yet properly operate under these

regulations through appropriate exemp tions granted by the Administrator. Since this rule was originally

written, substantial increases in non-fuel costs, the relativ e stability of fuel prices, and significant relative

decreases in fuel use through increases in the efficiency of aircraft e ngines have all resu lted in the basic

method of allowing for recovery of only 100% of th e fuel costs for these flights no longer reasonably

approximating a pro rata share of the total indi rect costs attributable to such flights.

With this result in mind, and because § 91.501(d) in its current form is widely used and understood by

the aviation community and still offers the FAA a reasona ble method to supervise the application of this rule

without requiring the review of detailed accounting reports for each flight, the easiest way to effect a change

that brings its application back to th e original intent of the rule, i.e., to allow for the recovery of all direct

costs plus a pro rata share of indirect costs reasonably attribut able to such flights without allowing for a profit

motive, is to adjust the reimbursement allowed by § 91.501(d)(10). Therefore, afte r conducting research into

the changes in the various costs that face aircraft operators today as opposed to approximately thirty years

ago, including among other things ch anges in technology, personnel requir ements, and the time-value of

money, the FAA has determined that such an adjustme nt can be made by increasi ng the percentage of the

additional cost of the fuel and othe r lubricants for demonstration, cargo-on ly and time sharing flights from

100% to 167% for those turbojet aircraft listed in Table A below, or, in those instances where non-turbojet

aircraft are being operated under this rule either because they are large aircraft or because the operator has

been granted an exemption to do so by the Administ rator, to 275% for turbopr op aircraft, 200% for piston

aircraft, or 400% for turbine helicopt er aircraft. Any operator using turboj et aircraft that are not listed in

Table A below wishing to seek reimbursement pursuant to this rule may continue to charge an additional

100% of the fuel costs for those flights.

Finally, it is also appropriate to note that the FAA’s original treatment of the cost reimbursements

allowed under § 91.501(d) did not contempl ate the ability to make any type of profit from these flights, and

the change to this rule is consistent with this appro ach as it still does not consider or allow for the making of

any profit; rather, it is intended to essentially serve only as an adjustment to the amounts originally allowed

in recognition of the cha nges in the types and amounts of costs that currently face ai rcraft operators.

Moreover, the FAA recognizes that th ere currently is some abuse of th ese provisions with in the general

aviation community, and there is a fear in the on-d emand commercial community that if the recoverable

amounts under § 91.501(d) are increased, this action will l ead to even more abuse. The FAA believes that

this is not a valid reason to not incr ease the amounts recoverable to the to levels originally contemplated by

the rules for those parties who are properly comply ing with them. The limite d exemptions found in § 91.501

are only permitted to be used by those operators that ar e not otherwise required to comply with one of the

commercial parts, and bringing § 91.501( d) back into line with its orig inal intent does not change this

fundamental principal.

That being said, the FAA does recogni ze that it is currently difficult fo r its safety inspectors to easily

# and efficiently monitor compliance with the provisions of this rule as currently written. As such, in addition

to amending this rule as noted above, the FAA will adopt the requirement that any ai rcraft operator seeking to

take advantage of the cost reimbursement provisions for demonstration, time sh aring and cargo only flights

must record at the time of each such flight, and must maintain such r ecords for a period of three years

thereafter, the following information: the aircraft used, name of the operator and name of the person

receiving and paying for such flight , total amounts paid, and the date, tim e, departure point and destination.

Accordingly, § 91.501(d) in its adjusted form will now read:

“(d) The following may be charged, as expenses of a specific flight, for transportation as authorized by

paragraphs (b)(3) and (7) and (c)(1) of this section ( but only so long as the operato r for and at the time of

each said flight maintains written records showing the aircraft used, name of the operator and name of the

person receiving and paying for such flight, total amounts paid, and the date, time, departure point and

destination.):

(1) Fuel, oil, lubricants, and other additives.

(2) Travel expenses of the crew, in cluding food, lodging, and ground transportation.

(3) Hangar and tie-down costs away fr om the aircraft's base of operation.

(4) Insurance obtained for the specific flight.

(5) Landing fees, airport taxe s, and similar assessments.

(6) Customs, foreign permit, and simila r fees directly related to the flight.

(7) In flight food and beverages.

(8) Passenger ground transportation.

(9) Flight planning and weather contract services.

(10) An additional charge equal to 100% for any tu rbojet aircraft not listed in Table A below, 167%

for any turbojet aircraft listed in Ta ble A below, or, in those instances where non-turbojet ai rcraft are being

operated under this rule either because they are large ai rcraft or because they have been granted an exemption

to do so by the Administrator, 275% for turboprop ai rcraft, 200% for piston airc raft, or 400% for turbine

helicopter aircraft of the e xpenses listed in paragra ph (d)(1) of this section.

Table A

Make & Model Year

Cert. Engine

All Current Production Jets (as of (date?))

All Newly Certificated Jets (as of (date?))

And the following aircraft:

Astra SP/SPX 1986 H TFE-731

B 737-300 1984 CFM 56

Beechjet 400/400A 1985 PWC JT-15D

Citation 500 (All) 1972 PWC JT-15D

## Citation 550 (All) 1978 PWC JT-15D

Citation 525 1993 W FJ 44

Citation 650 (All) 1983 H TFE-731

CL 600 1981 H ALF-502

CL 601 (all) 1983 GE CF-34

Diamond 1 1982 PWC JT-15D

Falcon 10/100 1973 H TFE-731

Falcon 200 1983 H ATF3-6

Falcon 2000 1995 CFE 738

Falcon 20-5 1991 H TFE-731

Falcon 50 1980 H TFE-731

Falcon 900 1986 H TFE-731

GulfstreamV 1995 RR BR-710

Hawker 1000 1990 PWC 300

Hawker 400F 1980 PWC JT-15D

Hawker 700 1977 H TFE-731

Hawker 800 1984 H TFE-731

Jetstar II/731 1976 H TFE-731

Learjet 31 1988 H TFE-731

Learjet 35/36 1974 H TFE-731

Learjet 55 1981 H TFE-731

MD 90 1995 V 2500

Sabre 65 1980 H TFE-731

Westwind 1⁄2 1976 H TFE-731



# Steering Committee Review : Does not agree with changing reim bursements, but recommends record

keeping requirement. Pending additional language from Dave Norton.

Final Action : This document was Not Approved. However, th e ARC believes that the FAA should require

record keeping by the operator for an y flights that involve reimbursement.

Notes:

# 1 RECOMMENDATION DOCUMENT

Number: Applicability 20 (APP-20)

Issue: Commuter Part 135 Operations in turbojets; and

Single Pilot Authority for Part 135 Co mmuter and On-demand Operations

Jump to Section by Section Analysis

Jump to List of Affected Regulations

Jump to Proposed Regulations

Discussion :

Goals

I. The proposed changes are intended to permit the li mited use of turbojet airplanes in scheduled

service under Part 135 Commuter and On-demand regulations

II. The proposed regulations establish the minimum require ments for single pilot operations in turbojets.



# I. Discussion/Arguments On Introduction of Turbojet Airplanes for

Commuter Operations

Prior to the commuter rule turbojets were permitted in 135 commuter operations. At the time the

commuter rule was implemented, FAA required all tur boprop airplanes with 10 or more passenger seats to

move to part 121 and required that ANY turbojet ai rplane operated in scheduled service (regardless of

passenger capacity) be operated under part 121.

The FAA made several transitional provisions for existi ng airplanes certificated under part 23 to continue

operations under the part 121 regulations. However, the regulations stipulated that any aircraft required to

be operated under part 121 (i.e. scheduled passenger operations in tu rbojets) newly certificated after March

29, 1995, must be certificated under part 25. (see §121.2 (f))

This has created an operational limitation for the next -generation very light jets (VLJs). The VLJs are

being certificated as part 23 airplanes. Under the curre nt regulatory structure, there is no ability to operate

a VLJ in scheduled service.

It was not the intent of the FAA to preclude an entire class of airplanes fro m scheduled service under the

appropriate conditions, rather the development of these part 23 turbojet airplanes was not anticipated at the

time of the commuter rule and therefore, no regulator y environment within which they could operate was

created. The ARC was tasked with determining, amo ng other things, the appropriate regulatory framework

and safety standards for the use of such aircraft in scheduled commuter service.

Options:

1. Revise part 121 to include part 23 turbojets.

2. Revise part 135 to permit turbojets in commuter service.

Discussion of Option 1.

Extensive revision of part 121 would be necessary to accommodate part 23 VLJs.

This is due to the fact that part 121 requirements are framed around the assumption that all new aircraft

used in scheduled service would be part 25. In fact in the commuter rule, the FAA stated that, “many part

121 standards are based on the assumption that transpor t category [part 25] airplanes are operated.” (see 60

FR 65832) A major revision of this type would be very difficult and may take several years to accomplish.

# 2 It is not necessary or practical to completely revise part 121 standards to reflect technology improvements

for those operators already permitted to conduct scheduled operations in smaller ai rcraft under part 135 or

for a relatively small group of aircraft models.

Discussion of Option 2. (Selected Option)

Part 135 on-demand regulations current ly permit the operation of turbojets with up to 30 passenger seats.

Although there are at present no commuter operators under part 135 considering use of VLJs for scheduled

service, there may be a market in the future for such op erations. This is particularly true as the piston and

turboprop aircraft in part 135 commuter services continue to age. In the coming years operators may see

the VLJ as an appropriate replacement airplane. Th e existing part 135 commuter population utilizing land

airplanes (as opposed to seaplanes) is very small, larg ely consisting of carriers in Alaska. We believe these

operators and any future commuter operators ar e appropriately regulated under part 135 commuter

regulations. Use of turbojets under part 135 commuter rules would continue to be limited to airplanes

configured for 9 or fewer passenger seat s and 7,500 pounds or less of payload.

Should This Change Include Only Part 23 or Part 25 as Well?

Because the certification standards of part 25 eith er meet or exceed those of part 23, it would be

inconsistent for the FAA to permit part 23 airplanes to be utilized in a type of service while prohibiting the

same type of service by a part 25 airplane. Should the FAA limit this change to only part 23 airplanes, it

would be a disincentive for new airplane manufacturers to seek part 25 certification if the target market for

the airplane is commuter service. Further, poten tial commuter air carriers would be unlikely to select a

part 25 airplane over a part 23 airplane because it wo uld require certification under part 121. For these

reasons, the proposal is to permit any turbojet to be utilized in commuter service, subject to the existing

passenger and weight limitations (9 or fewer passengers and maximum 7,500 lbs. payload)

Impact on Existing Carriers

. There are no scheduled turbojet airplanes with a seat ing configuration of 9 or fewer passenger seats in

operation. Therefore, no existing part 121 operators would be eligible to transition th eir aircraft to part 135

under this proposed change. There are no existing pa rt 135 commuter operators that have indicated an

interest in utilizing VLJ in their commuter operations.

Economic Impact

. There is a universal economic benefit because the FAA is permitting a type of operation that is currently

prohibited. There is the additional potential for ec onomic benefit for small commuter operators that may

wish to upgrade to turbojet aircraft in the future because they will be able to maintain their existing

certification under part 135 and would not be required to re-certify under part 121.

What, if any, additional safety requirements are necessary for commuter turbojet operations?

Because scheduled turbojet operations are today only permitted under part 121, the ARC also considered

whether it is appropriate to apply specific part 121 saf ety standards to the proposed turbojet scheduled

operations under part 135. In evaluating this issue, the ARC considered the benefits the FAA sought to

achieve through the implementation of the commuter ru le. The ARC considered, among other things, the

following:

• Dispatch

• Aircraft performance

• Equipment

• Flight/Duty/Rest Rules (was tied to the belief that the 1995 NPRM would change the system)

• Training

As described in more detail below, not only w ill part 135, as structured and modified, provide an

equivalent level of safety for the operation of small aircraft (i.e., 9 or less passenger seats or 7500 or less

# 3 payload) as exists under part 121, it will also provide a more appropriate set of operating rules for aircraft

of this type.

Why make this change? Summary.

1. The existing regulatory structure prohibits the operati on of certain small jets (new part 23 jets, for

example) in scheduled service under parts 121 and 135.

2. There needs to be a regulatory place for such servi ce, but the new jet aircraft are not permitted in

part 121 and are specifically prohibited in part 135.

3. The FAA has an obligation to establish the appropriate regulatory and safety framework for

scheduled service in smaller turbojet airplanes rath er than preclude such operations altogether.

4. It is appropriate and consistent to permit both parts 23 and 25 certificated aircraft in scheduled

commuter service.

5. A safety benefit is realized if an existing pa rt 135 operator offering scheduled service operates a

turbine aircraft rather than a piston.

6. An economic benefit is also realized by permitting a type of service that is currently prohibited.

7. There are no existing operators in part 121 that would be eligible for a move to part 135.



# II. Discussion/Arguments Related to Single Pilot Operations in Turbojets

Under the current rules, if the aircraft certificati on requires two-pilots, that is the operational standard,

otherwise,

Two pilots are required when:

• 10 or more passenger seats are installed,

• When required by operational rule. For example, IFR operations (subject to autopilot

exception under FAR 135.105).

FAR 135.105 has provided a valuable level of c onvenience to part 135 passengers and an economic

savings to part 135 operators. The ability to conduct single-pilot part 135 charter operations has allowed

part 135 operators to furnish a greater number of fli ght operations to the public, while at the same time

lessening the personnel costs that are inherent to tw o-pilot operations. This has occurred without a

compromise to the safety of charter passengers.

Considering the fact that FAR 135.105 permits the carriage of passengers under part 135 by a single pilot

in piston twins that have been out of production for three decades or more, it is inconsistent to deny these

same passengers the opportunity to travel in state of the art turbine equipment with a pilot who is operating

the aircraft possessing the advantage of a level of situational awareness that traditionally was only

available in the highest range of corpor ate or transport category aircraft.

In reviewing the advancements inherent in the various light jet aircraft that will be entering the marketplace

during this decade, single-pilot operations under FAR 135.105 will be able to be conducted not only at an

equivalent, but at an enhanced level of safety under th is regulation. Specifically, the certification of light

jet aircraft that incorporate EFIS displays, flight management systems, weather radar, reduced vertical

separation minimums equipment, and three-axis autopilo ts, will offer a level of situational awareness that

will provide a higher level of safety than what was envisioned when FAR 135.105 was enacted. However,

it is acknowledged that these technol ogy enhancements are not required in part 135 in order to obtain

# 4 single pilot operational authority under the existing rules.

Further, advances in airframe development will allow light jet aircraft to conduct operations at slower

approach speeds, and at airports that were not even accessible, by the former generation of jet aircraft with

9 passenger seats or fewer. Just as the advances in ai rcraft technology provided the FAA with an adequate

safety basis to support its earlier decision to allow two-person crews in transport category aircraft, the

additional technological advances found in the new gene ration of light jets sup ports the continuation of

single-pilot operations in appropriately e quipped light jets operating under FAR 135.105.

The group has discussed how replacing piston aircraft flown by an existing operator which holds single

pilot authority with a turbojet aircraft would alter th e operational environment. In general, it was agreed

that in many ways the turbojet would provide equiva lent or improved safety margins. For example, a twoengine turbojet aircraft which loses an engine shortly after take off would have better performance than a

piston aircraft in the same situation. However, the turbojets may permit more frequent operations at higher

altitudes over longer ranges. This may place the pilot in a new operating environment, where factors such

as decreased response time for loss of pressurizati on, and RVSM could be encountered. The group

discussed whether these new environments should impact single pilot authority.

Specific areas discussed by the group included:

• Pilot communications with passengers

• Pilot workload

• Should operations be permitted with key MEL-listed equipment inoperative

• Minimum pilot experience in aircraft type

• Minimum operator experience with type in scheduled operations

• Training for pilots

The ARC’s recommendations are based on a thorough evaluation of each of these areas.

Review of Current Part 23 Certification Process

In evaluating the above items, it is important to note that many of these various issues are addressed during

the aircraft certification process.

“Single pilot approval” is accomplished when the minimum flight crew evaluation is performed as part of

the Type Design approval under FARs 23.1523 or 25.1 523. Once established by Type Design, then

operational approval under FAR 135.105 is merely a matter of meeting any specific requirements for

equipment or training that part 135 addresses (i.e., approved autopilot system; if used in commuter

operation, PIC is required to have 100 hours PIC flight time).

FAR parts 23 and 25 have been in place for a number of years, having previously existed in the Civil Air

Regulations (CARs) which were re-codified and replaced by the FARs in the 1960s. The initial

requirement for part 23 at re-codification was to address operation under VF R; however, in 1978

Amendment 23-21 revised part 23, requiring evaluati on for all operations authorized by Type Design

(same as part 25 requirement at re-codification).

Minimum flight crew evaluation is based upon a work load assessment of the aircraft considering flight

path control, collision avoidance, navigation, co mmunications, operation and monitoring of aircraft

# 5 engines and systems, command decisions, and accessibilit y and ease of operation of necessary controls. In

this evaluation, there are a number of worklo ad factors that are considered significant:

• Impact of basic airplane flight characteristics on stability and ease of flight path control

• Accessibility, ease, and simplicity of operation of all necessary flight, power, and equipment controls

• Accessibility and conspicuity of all necessary instruments and warning devices

• Degree and duration of concentrated mental and ph ysical effort involved in normal operation and in

diagnosing and coping with malf unctions and emergencies, includi ng accomplishment of checklist,

and location and accessibility of switches and valves

• Extent of required monitoring of the fuel, hydraulic, pressurization, electrical, electronic, deicing, and

other systems while en route

• Degree of automation provided in the event of a failure or malfunction in any aircraft systems

• Communications and navigation workload

• Possibility of increased workload asso ciated with any emergency that may lead to other emergencies

• Passenger problems

• Number, urgency, and complexity of operating proced ures with particular consideration given to the

specific fuel management schedule

It should be noted that the preceding requirements are th e same as those codified into FAR part 25 aircraft,

Appendix D (and harmonized with JAR-25). They are also contained in AC 23-8B (Flight Test Guide for

Certification of Part 23 Airplanes) and is harmonized with the Flight Test Guide for Certification of JAR23 Aeroplanes.

Obtaining a type certificate authorizing single pilot op erations for a particular aircraft involves, among

other things, the development of is a systematic test plan which is then flown by a panel of pilots. For a

single pilot approval, the evaluation pilots should be experienced and proficient in single pilot operations

(i.e., representative pilot population). The flight test program is structured to address route (simulates a

typical area that is likely to provide adverse weathe r and IMC, as well as mix of navigation aids and ATC

services), turbulence, day and night conditions, crew wo rk schedule (evaluation crew is assigned a daily

work schedule representative of the type of operations intended, including atte ntion to possible passenger

problems), minimum equipment, traffic density (evaluation is conducted over routes representative of high

density areas and includes precision and non-precision approaches, holdings, missed approaches, and

diversions), system failures (consequences of change s from normal to failed modes of operation, including

inducing failures such as failed displays), and emerge ncy procedures (a sampling of various emergencies).

In determining compliance, judgments by the eval uation team members are performed against preestablished workload standards. The in tent is to provide a holistic pilot evaluation rationale in view of the

wide variety of possible crew configurations.

Single Pilot Certification – Historical Aircraft Standards

Recognizing that the FAA has long-standing historical precedent to permit single pilot operations in part

135, an analysis of the certification basis of the many single-pilot operated aircraft within part 135 today is

appropriate. Such analysis would assist in determ ining whether aircraft certification standards have

evolved to a point where newly certificated aircraft offers equipment or design elements that further

enhance the safety of single pilot operations.

Three aircraft were compared in this review, Cessna 501 and 525, and Piaggio P-180.

The current amendment level of part 23 is 23-55. Specific amendment levels of part 23 of note for

evaluation purposes are:

- Amendment 23-21 from 1978: incorporated the basic mi nimum flight crew standards into 23.1523 used

today (was amended again in 1987, but basic regulatory requirements are the same).

- Amendment 23-41 from 1990: incorporated the current systems and equipment installations safety

# 6 standards into 23.1309 that dictate systems relia bility and redundancy (was amended again in 1996, but

basic regulatory requirements are the same).

- Cessna 501: approved for single pilot with specified equipment. Certification basis of Amendment 23-

16.

- Cessna 525: approved for single pilot with specified equipment. Certification basis of Amendment 23-

38.

- Piaggio P-180: approved for single pilot. Certification basis of Amendment 23-33.

Therefore, none of the three airplanes evaluated meet the current standards for systems safety put into

effect by Amendment 23-43 for system reliability a nd redundancy. Therefore, new aircraft like the VLJs

entering the marketplace should prov ide enhanced systems reliability.

Exemption History

FAA has issued exemptions to allow single pilot ope rations in part 25 aircraft. The most prevalent

exemption related to single-pilot operation is fo r the part 25 Cessna Model 550, 552, 560 (Citation

II/V/Ultra) series of airplanes. The initial exempti on No. 4050 was obtained by Cessna and has since been

used as justification for a large number of exemptions issued to individual operators. This primarily

exempts the operator from the 91.531(a)(1)&(2) Second in Command Requirement for large airplanes and

turbojet-powered multiengine airplanes and modifies th e type certificated 2-person minimum crew to allow

for single-pilot. Review of an exemption showed the following requirements:

Operational Limitations

- Part 91

- No circling instrument approaches to minimu ms less than 200ft and 1mi above until 100 hours

single pilot experience

- No straight-in instrument approach to minimu ms less than 100ft and 1/2mi above until 100 hrs

single pilot experience

Pilot Training

- Single-pilot initial authorization training program approved by AFS-800

- Single-pilot authorization renewal training program approved by AFS-800

- Hold ATP/Commercial with C-500 type rating

- At least 1,000 hrs pilot flight time

Equipage

- 3-Axes Autopilot with approach coupling

- Flight director system

- Boom microphone

- Transponder "ident" switch on pilot's control wheel

The Current Process for Obtaining Operator Single Pilot Authority.

A number of actions must be taken by an operator in order for it to obtain the necessary authorization to

engage in single pilot part 135 operations. These actions, which are described below, are in addition to the

requirement that the selected aircraft be approved for single pilot operations either by its Type Certificate

or pursuant to an FAA exemption.

Under current guidance the FAA does not allow part 135 single pilot operations with aircraft Type

Certificated for more than 9 seats. In addition CAT II/III and some international flights (i.e., long range)

are not authorized.

Normally a meeting with the FSDO would be necessary to inform the FAA of the operator's intent to

operate Single Pilot.

# 7 During this meeting, the FSDO should provide the op erator the necessary guidance to assist the operator.

If the operator's operation is neither large nor comp lex, the FAA generally does not require extensive

manuals, training programs, and mana gement personnel. However, operato rs with complex or large scale

operations generally would be require d to have those items in place due to the size and capabilities of their

organization (as opposed to simply because it is a single pilot operation).

One area that will be addressed by the FAA is pilot training. The operator’s training program must be

revised to include the new aircraft’s (Single Pilot) capabilities. Most turbine powered operators will send

their pilots to an FAA approved Part 142 Training Cent er for their pilot training. These training centers are

not only overseen by the FAA, but the operator also has a responsibility as well to perform audits on the

center.

The operator’s aircraft maintenance program will have to have the aircraft’s insp ection program added, and

approved by the FSDO.

The operator will also perform a conformity inspection on each of the aircraft that will be used on the

operator’s certificate. The conformity package consists of work items which detail the aircraft history,

maintenance squawks, AD compliance, damage hist ory, approved parts, part 135 Requirements,

Emergency equipment, and placards. The operator performs the conformity and the FAA will inspect the

aircraft prior to being placed into the ops specs.

Proving runs will be required for a new operator. For single pilot operations, the proving runs are

significant because they provide the FAA with the ability to evaluate in r eal time the workload issues that

the pilot will face and the manner in wh ich the pilot handles such issues.

Line checks for the pilots can be accomplis hed during the proving runs by the FAA.

Once the operator has been advised of acceptance of the manual revisions, tr aining program approvals,

aircraft conformity, approval of the maintenance in spection program, and has completed the proving runs

or validation, the FAA principal inspectors will issu e the appropriate operations specifications, and the

operator may begin operations.

Guidance for Air Carrier Single Pilot operations addressing many of these issues is already contained in

FAA Order 8400.10 and applicable provisions of part 135.

Review of Safety Record.

Prior to making any recommendation for or against si ngle pilot authority for part 135, the ARC conducted

a review of available safety data. The group agreed that any decision for additional requirements for or

restrictions on single pilot operations must have some basis in safety. That is, the recommended actions

must be intended to improve safety by addressing identified safety failures, rather than arbitrarily or

randomly picking rules that “sound good.” The group therefore considered the accident history of single

pilot part 135 accidents (using NTSB source data comp iled by FAA) and accident history for single pilot

turbojet accidents (provided by Breiling Associates). Due to the relative lack of single pilot 135 operations

in turbojets, the turbojet information included predom inately part 91 operated airplanes. This makes a

direct correlation to part 135 difficult as part 135 h as substantially different operator, operations, and

maintenance requirements than those of part 91.

There was some interesting information in the tu rbojet accident summaries. Many of the accidents

involved situations that could be addressed with pr oper training and adherence to regulations (such as

below minimums takeoffs/approaches) and possibly u se of single pilot resource management training.

While the FAA accident data for part 135 showed th e majority of accidents occurred in single pilot

# 8 operations, this is not unexpected as single pilot piston aircraft comprise a large portion of the entire part

135 fleet.

• Of 787 accidents identified, 193 had fatalities.

• 605 of the 787 accidents involved reciprocating engine airplanes

The data showed that the first occurrence in serious or fatal accidents was In Flight Collision with Terrain

(or Water) and Loss of Control – In Flight.

Based upon this information, the group feels that re commendations to impose add itional requirements for

commuter and on-demand single pilot operations should target:

Training

• Single-Pilot Resource Management

• Regular training and checking specific to single pilot operations

• Specialized aircraft training (this will be require d by default as the turbojets will require a pilot

type rating)

Equipment

• Examine the benefit of TAWS equipment. Th is was completed by the AWG and Equip/Tech.

Group.

• Autopilot enhancements

Operations

• Minimum pilot experience in type

• Minimum operator experience with aircraft

• Operations with MEL-deferred items (such as TAWS , if installed). MELs should specify that

single pilot operations are prohibited even if ite m is properly MEL deferred (i.e., can fly 2 pilots

but not one). Operating with an MEL cannot relieve you of equipment required for single pilot

operations – there is no deferment of autopilot (autopilot can be MEL’d but a second pilot would

be required), passenger/crew oxygen or passenger communication equipment items.



# Conclusions

The group does not doubt that these airplanes can be operated safely by one pilot. If it could not, the FAA

would not have permitted it to be certificated as a sing le pilot airplane. Howeve r, because these airplanes

will be operated in commercial service, considera tion of additional, safety-based, requirements is

appropriate. It is important that any such restric tions not be so burdensome as to be an obstacle to

obtaining single pilot authority.

After much debate, a general consensus was reached on the single pilot issue for on-demand operations.

On-Demand Part 135 Single Pilot

• Agree that Single-Pilot Operations for all aircraft categories (piston, turboprop, jet) should be

approved.

The group was unable to reach a consensus on whether single pilot operations in turbojets should be

permitted in commuter service.

Commuter Part 135 Single Pilot

• Consensus that existing (piston/turboprop) authority to conduct single pilot operations should

# 9 remain.

• Majority opinion that single pilot commuter operations in turbojets are acceptable subject to

specific requirements/standards, including dispatch requirements. The minority opinion was that

single pilot commuter operations in turbojets are not acceptable.

• Consensus that recommended changes are intended to incorporate a mandatory dispatch function

for Commuter Operations based upon the following agreement of the group.

Commuter with turbojets – Dispatch would meet the 121 flag/domestic standard (except for

Alaskan operators, see discussion below).

Commuter non-turbojets –Require an FAA-approved dispatch function appropriate to the size

and number of aircraft and th e scope and frequency of operati ons. There is an argument to

implement a 121 Flag & Domestic type of dispatch requirement within this community. However,

there could be substantial cost burden imposed by a full dispatch requirement on many of these

businesses that are very small in size and scope. These operators have successfully shown the

FAA that their existing dispatch functions fulfill the safety needs of their operations. We are

requiring a thoughtful review of existing dispatch functions between the operator and FAA to

ensure safety needs for flight planning, dispatch and operational control are met. (includes Alaskan

operators)

On-demand – no change to current rules proposed with regard to the dispatch function

Alaskan Operations:

There was significant discussion regarding the un ique operational environment and challenges

faced by operators within the State of Alaska. Based on the evaluation conducted, it is firmly

believed that the challenges of implementing the pa rt 121 dispatch function in this region will not

present the same benefits as may be experienced elsewhere. Among the unique challenges faced

by Alaska is the inability to attract and retain qualified employees. The ability to have a locally

trained staff, on “Alaskan time” does seem to mitigate accidents but often this would be best

accomplished by a company employee performing other functions in addition to dispatching. A

separate position as a dispatcher, or even a compan y contracted to perform the dispatch function

presents dramatic concerns for these operators. Importantly, the vast majority of existing

commuter operators exist within Alaska. These carriers serve a vital need and the public interest is

best served by having them available to serve the most remote villages and regions of the state.

The potential negative impact of instituting a full 121 dispatch function may well negate the

potential safety and service benefits that could be achieved should an existing operator ‘upgrade’

to turbojet service in the future. To encourag e such a transition where feasible, the ARC proposes

to exclude Alaskan operations from the proposed Subpart K requirements.

Further, aside from the economics of the added co st, several of the Subpart K requirements would

be impractical within Alaska. For instance, th e ability to communicate between a crew in flight

and a ground base station does not exist and would be very costly to implement. With regard to

weather requirements, airports with scheduled air service have an "all weather" approach and

landing capability. There are 176 public use Alaska airports which do not have basic instrument

approach capability. Most do not even have G PS approaches established. Compliance with the

121 dispatch requirements would therefore have a drastic negative impact on scheduled service

within the state. Weather information, comm unications capability, and approach procedures are

required to support commercial transport of people, property, and mail. Weather for VFR

operations, weather cameras, expansion of the program to include all AWOS sites and select

remote passes or choke points, and finally, a pl an to maintain current and future systems are

considered necessary.

Finally, only 70 runways are lit out of over 81 airports—21 of which cannot be lit safely for fixed

wing operations due to minimal length, terrain, and ob structions. More than half of rural airports

are without minimal passenger shelter.

# 10 Importantly, there are alternative communicati on and surveillance technologies emerging within

Alaska that would benefit all operations. Co mmunications, navigation and surveillance (CNS)

capability should be available state-wide to support efficient routing, traffic and terrain avoidance,

real time flight locating, and enhanced search and rescue. Existing communication capabilities are

not continuous throughout the state, due to terrain, distance, and altitude constraints. A need for

data-link ground stations to provide CNS capability has been identified at 194 locations in Alaska.

Statewide aircraft CNS can be enabled with Au tomated Dependent Surveillance Broadcast (ADSB) data link technology, which is also critical for flight track monitoring and security.

Therefore, due to the significant obstacles to compliance with the 121 dispatch function, the

proposal forwarded is that any Alaskan commuter operator seeking to operate turbojet aircraft

would need to have in place an approved dispatch function satisfactory to the Administrator in lieu

of the part 121 standard.

Economic Impact

Overall, there is expected to be a neutral to positi ve economic impact from the proposed regulations related

to single pilot operational authority. Because single pilo t operations in turbojets are not prevalent today in

on-demand operations, and importantly no turbojet commuter operations are permitted within today’s

regulatory structure, these regulations create an opportunity for service that was not previously possible.

For those single pilot on-demand operations in turbojets today there will be some economic impact to

comply with requirements (notably the passenger comm unication and auto pilot requirements and revisions

to training programs). The working group anticipates that the FAA will provide a sufficient time to meet

new requirements and, if necessary due to the unique design capabilities of a particular aircraft, issue a

deviation or exemption from any specific requirement if justified. Further, it is expected that existing

pilots conducting single pilot operations in turbojet s would already meet experience requirements. An

appropriate implementation schedule will minimize the fina ncial impact of these changes, particularly for

small businesses.

# 11 Summary Table of Proposed Changes fo r Single Pilot Turbojet Operations

Autopilot

w/coupled

approaches

&

track/hold? Communications

capability while

wearing O2? IOE

under

135.244?

(25 hours

for

Turbojets) Single

Pilot

specific

training

and

proficiency

check? Addt’l pilot

general

experience

requirements for

single pilot

eligibility. PIC need

10 hours

under

observation

with check

pilot before

Single

Pilot

authorized? Certificate

holder

needs 6

months

experience

with

turbojets

in

commuter

service? Meet 121

Flag/Domestic

Dispatch

requirements?

Commuter

2 pilot

turbojet No Nothing

additional

proposed Yes n/a n/a n/a n/a Yes (except

Alaska)

Commuter

1 pilot

turbojet Yes Yes Yes Yes Yes, 100 hours

in

make/model/type Yes Yes Yes (except

Alaska)

Ondemand 2

pilot

turbojet No Nothing

additional

proposed No n/a n/a n/a n/a No

Ondemand 1

pilot

turbojet Yes Yes Yes Yes Yes, 100 in

make/model/type Yes n/a No



# S ECTION 

# B Y 

# S ECTION 

# A NALYSIS OF 

# P ROPOSED 

# C HANGES



# (Note: Hyperlinks below will take you to the proposed regulation.)

§ 119.3 Definitions

. All changes are to reflect the ability of turbojet s to operate in scheduled operations under part 135

regulations so long as they have a maximum pass enger seating configuration of 9 or fewer seats

and a maximum payload capacity of 7,500 pounds or less.

The changes do not establish an aircraft certifica tion-basis for eligibility under part 135 (meaning

the aircraft could be either part 23 or 25), rath er the regulatory changes authorize the use, in

scheduled service , of:

1. A turbojet aircraft in part 135 commuter operations when the aircraft is configured in

accordance with maximum passenger and payload limits. (Today’s limit is 9 or fewer

passenger seats and 7,500 pounds payload or less)

2. A turbojet aircraft in part 135 on-demand ope rations when airplane is configured in

accordance with maximum passenger and payload limits. (Today’s limit is 9 or fewer

passenger seats and 7,500 pounds payload or less)

Part 135 on-demand operations (other than sch eduled) would maintain authorizations of:

# 12 Part 23 or part 25 aircraft, confi gured with 30 passenger seats or 7,500

pounds payload

Definitions amended are:

Commuter operation

Domestic operation

Flag operation

On-demand operations

§ 119.21 (a) (4) Commercial operators engaged in intrasta te common carriage and direct air carriers.

The proposed change will require commuter operations utilizing turbojets to establish dispatch and

operational control functions generally meeting the standard for part 121 domestic and flag

carriers. These requirements are specified in pr oposed 135 Subpart K. Commuter operations

utilizing turbojet aircraft conducted within the State of Alaska and those utilizing other than

turbojet aircraft would be required to develop a formalized dispatch function that in the

determination of the FAA is appropriate to the size and number of aircraft operated and the scope

and frequency of those operations. As articulated by the FAA in the 1997 so-called “Commuter

Rule” one of the primary reasons for transitioni ng many scheduled operations from 135 to 121 was

the requirement within 121 for dispatch and opera tional control functions. The ARC believes that

because the use of turbojets in scheduled operations today is required to be under part 121 and our

proposal will permit such use under 135 that introduc tion of the dispatch requirement satisfies the

necessity to maintain an equivalent level of safety.

§ 135.5 Special Rule for commuter operations in turbojet aircraft.

The proposed change will require commuter operators utilizing turbojet aircraft to comply with

provisions for pilot operating limitations and crew pairing requirements found in § 135.4. That

section was created to define the qualities of “e ligible on-demand operati ons.” Crew pairing

requirements are also found within part 121. Becau se turbojet operations are now being permitted

under part 135 commuter rules where they would have previously been under part 121, the

working group felt it was appropriate to recogni ze the benefit such rules have previously

demonstrated in the scheduled environment and adopt such a requirement for commuter turbojet

operations. Further, to adequately address uni que circumstances and issues encountered with

initial cadre pilots and other events, the regula tion proposes to permit co mmuter operators subject

to this part the opportunity to apply for limited deviations from those crew limitations and pairing

standards that are detailed within § 135.4.

§ 135.19 Emergency Operations

§ 135.21 Manual requirements

§ 135.23 Manual contents

§ 135.69 Restriction or suspension of operations: Continuation of flight in an emergency.

§ 135.77 Responsibility for operational control.

The proposed changes are intended to reflect the new dispatch and operational control

requirements for commuter operations in turbojet aircraft.

§ 135.99 Composition of flight crew.

(a) no changes

(b) no changes

(c) This section is intended to establish the mi nimum aircraft, certificate holder and pilot

qualifications for operations in a turbojet with a single pilot.

(1) Establishes additional functional requireme nts for an autopilot. Specifically,

the autopilot, in addition to the existing criteria of § 135.105, must be capable

of coupled approaches and have “track and hold” functionality.

# 13 (2) This requirement recognizes that a single pilot environment complicates the

pilot’s ability to communicate with pass engers above certain altitudes. In a

two pilot environment one pilot will, unde r most all circumstances, be able to

casually communicate with passengers without electronic aid due to the

relatively small cabin interior. This wo uld continue to be possible when one

crewmember is required to be continuously wearing the mask. Typical

communications during this time woul d include updates regarding arrival

time, ATC delays, potential turbulen ce ahead, etc. In the single pilot

environment, once the aircraft is above FL250 the oxygen mask must be worn

by the pilot continuously. Absent the proposed communications equipment,

those casual communications would be nearly impossible and could pose a

threat to passenger safety, especially in the case of warnings to fasten seatbelts

in preparation for turbulence. Theref ore, a means of pilot communication to

the passengers while wearing the oxygen mask is proposed for any single pilot

operation utilizing a turbojet aircraft.

(3) Under existing regulations (see 135. 105 and 135.99(d) below) the FAA

requires that any commuter pilot seekin g authority to conduct single pilot

operations posses at least 100 flight hours as pilot in command in the make

and model of aircraft to be flown. The working group believes that this

standard is appropriate and should be required for both on-demand and

commuter operations in turbojets utilizing a single pilot. This standard

ensures that the pilot has a minimum amount of direct, applicable experience

with the aircraft prior to conducting co mmercial operations. With regard to

turbojets, the working group intends to ma ke it clear that operations must be in

the specific aircraft type when a type ra ting is required for the aircraft the pilot

intends to operate.

(4) The working group believes that ensuring a pilot is properly equipped to

handle the workload and unique aspects of a turbojet flown with a single pilot

necessitates a specific training program and proficiency check. Regardless of

prior pilot experience with turbojets in general or a specific aircraft type the

proposed regulation requires completion of an FAA approved training

program and pilot check ride.

(5) Following the successful completion of th e training and checking in (4) above,

the pilot would assume pilot in command duties for a minimum of 10 hours

under the supervision of a qualified check airman. After completion of this

“observation period” the check airman may authorize the pilot to conduct

single pilot operations for the certificate holder. This supervision time would

not be transferable between certificate hol ders. That is, a pilot would need to

complete this requirement for each certificate holder that he may work for.

(6) This regulation is intended to clarify th at the pilot experience requirements for

a commuter pilot are in addition to, not in lieu of, the operating experience

requirements (25 hours for turbojets) detailed in § 135.244.

(7) The working group believes that requiring the certificate holder to have a

minimal level of operational experience is necessary prior to conducting single

pilot operations in turbojets. The proposed six months of operating experience

will allow the certificate holder’s processes and procedures to mature while

# 14 permitting their pilots time to gain the experience necessary to obtain single

pilot authorization. Safety will be e nhanced when prior to conducting single

pilot commuter operations the certificate holder gains experience in the

operation of the aircraft over those routes and to those airports where the

certificate holder will conduct scheduled operations.

(8) The working group believes that the large scale introduction of very light jets

will also impact the crewmember need s within the on-demand operational

environment as well and further believes the operating experience

requirements for commuter operations under § 135.244 would benefit such

pilots. Therefore, the proposal re quires compliance with the applicable

portions of that section for on-demand opera tions in turbojet aircraft with a

single pilot. Specifically, pilots woul d need operating experience totaling 25

hours and that those hours must be flown in on-demand operations.

(d) Under today’s regulations, a commuter pilot must have at least 100 hours as pilot in

command in the make and model of aircraft to be flown in order to operate that aircraft as

a single pilot. This requirement is today lo cated within § 135.105 (a ). Because § 135.99

now stipulates the requirements for single pilot operational authority, the group has moved

this requirement to this location. It applies to aircraft other than turbojet aircraft, as it does

today.

§ 135.101 Second in command required under IFR.

No significant changes are proposed other than to reference § 135.99.

§ 135.105 Exception to second in comma nd requirement: Approval for use of autopilot system.

The only proposed change is the removal of the commuter pilot experience requirement (100 hours

in make and model) for single pilot opera tions, that was moved to § 135.99 (d).

§ 135.244 Operating Experience.

Altering the “make and model” language to reflect type where applicable now that turbojets with

type ratings will be permitted in 135 commuter operations.

135 Subpart K – Dispatch and Operational Control Re quirements for Commuter Service Operators

Using Turbojet Airplanes

For commuter operations in turbojets (exclusive of Alaskan operations) the proposal

requires a dispatch and operational control function based upon the existing requirements

for part 121 Flag and Domestic operations . Following an evaluation of part 121

requirements, those applicable to commuter operations under part 135 are detailed.

§ 135.551 Applicability.

This regulation states that any commuter operati on utilizing turbojets is subject to Subpart

K. Operations within the state of Alaska are exempt from this subpart. Finally, the rule

stipulates that when operations are conducted within the 48 contiguous United States that

rules related to Domestic operations are follo wed. For operations outside or to/from the 48

contiguous United States the rules related to Flag operations should be followed. As

occurs in the part 121 environment today, operators my petition the Administrator for a

deviation from certain requirements and the working group feels it is prudent to grant

deviation authority for commuter operations as well.

§ 135.553 References.

The purpose of this regulation is to ensure operators understand that the references within

# 15 Subpart K are intended to reflect the current regulations under part 121. It is expected,

however, that the FAA when revising/ renumbering those part 121 regulations will also

revise the Subpart K references.

§ 135.555 Compliance with other regulations under this part.

This regulation is to clarify that were corolla ry or conflicting regulations exist within part

135, that the Commuter operator shall comply with the part 121 regulations listed in §

135.559. Part 135 contains many regulations fo r computation of fuel supply, destination

and alternate weather minimums and others. To avoid confusion, operators must be aware

that they need not comply with those regulations, but the rules part 121 rules detailed in

Subpart K instead.

§ 135.557 Compliance with regulations under part 121.

This regulation lists the applicable part 121 regulations with which part 135 commuters

utilizing turbojets must comply.



# R ECOMMENDED 

# C HANGES 

# T O 

# P ART 

# 135

L IST OF 

## R EGULATIONS 

## :

14 CFR 119

S UBPART 

## A

- G ENERAL



## 119.3 Definitions.

119.21 Commercial operators engaged in intrastate common carriage and direct air

carriers.

14 CFR 135

S UBPART 

## A

- G ENERAL



## 135.5 Special Rule for commuter operations in turbojet aircraft.

135.19 Emergency operations.

135.21 Manual requirements.

135.23 Manual contents.

S UBPART 

## B –F LIGHT 

## O PERATIONS



## 135.69 Restriction or suspension of operations: Continuation of flight in an emergency.

135.77 Responsibility for operational control.

135.99 Composition of flight crew.

135.101 Second in command required under IFR.

135.105 Exception to second in command requirement: Approval for use of autopilot

system.

S UBPART 

## E

– F LIGHT 

## C REWMEMBER 

## R EQUIREMENTS



## 135.244 Operating experience.

135.24x Pilot operating limitation and pair ing requirement: Commuter operations.

S UBPART K 

## –D ISPATCH AND OPERATIONAL CONTROL REQUIREMENTS FOR COMMUTER

SERVICE OPERATORS USING TURBOJET AIRPLANES



## 135.551 Applicability

135.553 References.

135.554 Compliance with other regulations under this part.

135.557 Compliance with regulations under part 121.

# 16 

# P ROPOSED 

# R EGULATORY 

# C HANGES



# (Note: Hyperlinks will take you to the appropriate Sec tion by Section analysis.)

C ONVENTIONS



# – Deleted text shown by strikethrough

. New text shown by italics.

§ 119.3 Definitions.

Commuter operation means any scheduled operation conduc ted by any person operating one of

the following types of aircraft with a frequency of operations of at least five round trips per week

on at least one route between two or more points according to the published flight schedules:

(1)Airplanes , other than turbojet powered airplanes, having a maximum passenger-seat

configuration of 9 seats or less, excluding each crewmember seat, and a maximum payload

capacity of 7,500 pounds or less; or

(2) Rotorcraft.

Domestic operation means any scheduled operation conduc ted by any person operating any

airplane described in paragraph (1) of this definiti on at locations described in paragraph (2) of this

definition:

(1) Airplanes:

(i) Turbojet

- powered airplanes;

(i) (ii) Airplanes having a passenger-seat conf iguration of more than 9 passenger

seats, excluding each crewmember seat; or

(ii) (iii) Airplanes having a payload capacity of more than 7,500 pounds.

(2) Locations:

(i) Between any points within the 48 con tiguous States of the United States or the

District of Columbia; or

(ii) Operations solely within the 48 contiguous States of the United States or the

District of Columbia; or

(iii) Operations entirely within any St ate, territory, or possession of the United

States; or

(iv) When specifically authorized by the Administrator, operations between any

point within the 48 contiguous States of the United States or the District of

Columbia and any specifically authorized point located outside the 48 contiguous

States of the United States or the District of Columbia.

Flag operation means any scheduled operation conducted by any person operating any airplane

described in paragraph (1) of this definition at the locations described in paragraph (2) of this

definition:

(1) Airplanes:

(i) Turbojet

- powered airplanes;

(i) (ii) Airplanes having a passenger-seat conf iguration of more than 9 passenger

seats, excluding each crewmember seat; or

(ii) (iii) Airplanes having a payload capacity of more than 7,500 pounds.

(2) Locations:

# 17 (i) Between any point within the State of Alaska or the State of Hawaii or any

territory or possession of the United Stat es and any point outside the State of

Alaska or the State of Hawaii or any territory or possession of the United States,

respectively; or

(ii) Between any point within the 48 con tiguous States of the United States or the

District of Columbia and any point outside the 48 contiguous States of the United

States and the District of Columbia.

(iii) Between any point outside the U.S. and another point outside the U.S.

On-demand operation means any operation for compensation or hire that is one of the following:

(1) Passenger-carrying operations conducted as a public charter under part 380 of this title

or any operations in which the departure time, departure location, and arrival location are

specifically negotiated with the customer or th e customer's representative that are any of

the following types of operations:

(i) Common carriage operations conducted with airplanes, including turbojetpowered airplanes, having a passenger-seat configuration of 30 seats or fewer,

excluding each crewmember seat, and a payload capacity of 7,500 pounds or less,

except that operations using a specific airplane that is also used in domestic or flag

operations and that is so listed in the operations specifications as required by §

119.49(a)(4) for those operations are considered supplemental operations;

(ii) Noncommon or private carriage opera tions conducted with airplanes having a

passenger-seat configuration of less than 20 seats, excluding each crewmember

seat, and a payload capacity of less than 6,000 pounds; or

(iii) Any rotorcraft operation.

(2) Scheduled passenger-carrying operations c onducted with one of the following types of

aircraft with a frequency of operations of less than five round trips per week on at least one

route between two or more points according to the published flight schedules:

(i) Airplanes , other than turbojet powered airplanes, having a maximum

passenger-seat configuration of 9 seats or less, excluding each crewmember seat,

and a maximum payload capacity of 7,500 pounds or less; or

(ii) Rotorcraft.

(3) All-cargo operations conducted with airp lanes having a payload capacity of 7,500

pounds or less, or with rotorcraft.

§ 119.21 (a) (4 ) Commercial operators engaged in intrasta te common carriage and direct air

carriers.

Commuter operations in accordance with the applicable requirements of part 135 of this chapter,

and shall be issued operations specifications for those operations in accordance with those

requirements

. Commuter operations using turbojet aircraft, except those conducted solely within

the state of Alaska, shall comply with part 121 Domestic or Flag dispatch and operational control

requirements as stated in part 135 subpart K as appropriate. Commuter operations using other

than turbojet aircraft, and those conducting commuter operations in turbojet aircraft solely within

the state of Alaska, require an approved dispatch function appropriate to the size and number of

aircraft and the scope and frequency of operations.

§ 135.5 Special rule for commuter operations in turbojet aircraft.

Commuter operations in turbojet powered aircraft conducted under this part that consist of two

flight crewmembers shall meet the pilot operating limitations and crew pairing requirements of

# 18 subparagraphs(a)(3) and (a)(4) of § 135.4. Certifi cate holders are also eligible to apply for the

deviation authority of subparagraph (b) of § 135.4.

§ 135.19 Emergency Operations

(a) In an emergency involving the safety of persons or property, the certificate holder and or

aircraft dispatcher, if dispatchers are utilized , may deviate from the rules of this part * * * *

§ 135.21 Manual requirements.

(1) Its flight crewmembers, aircraft dispatchers (if dispatchers are utilized) and * * * *

§ 135.23 Manual contents.

* * * *

(e) Procedures for ensuring that the pilot in command and aircraft dispatcher (if dispatchers are

utilized) , knows that required airworthiness inspections have been made and that the aircraft has

been approved for return to service in complia nce with applicable maintenance requirements

* * * *

(g) Procedures to be followed by the pilot in command and aircraft dispatcher (if dispatchers are

utilized) for determining that mechanical irregularities or defects reported for previous flights have

been corrected or that correction has been deferred;

(l) Flight locating or dispatch procedures, when applicable

(3) Notification of the pilot in command and aircraft dispatcher (if dispatchers are

utilized) when there are hazardous materials aboard, as required by title 49 CFR;

§ 135.69 Restriction or suspension of operations: Continuation of flight in an emergency.

(a) During operations under this part, if a certificate holder aircraft dispatcher or pilot in command

knows of conditions, including airport and runway conditions, that are a hazard to safe operations,

the certificate holder, aircraft dispatcher o r pilot in command, as the case may be, shall restrict or

suspend operations as necessary until those conditions are corrected.

(b) No pilot in command or aircraft dispatcher may allow a flight to continue toward any airport

of intended landing under the cond itions set forth in paragraph (a) of this section, unless, in the

opinion of the pilot in command and aircraft dispatcher, (if utilized), the conditions that are a

hazard to safe operations may reasonably be expected to be corrected by the estimated time of

arrival or, unless there is no safer procedure. In th e latter event, the continuation toward that airport

is an emergency situation under §135.19.

§ 135.77 Responsibility for operational control.

Each certificate holder is responsible for operationa l control and shall list, in the manual required

by §135.21, the name and title of each person au thorized by it to exercise operational control.

# 19 Each certificate holder using a turbojet aircraft in commuter service shall comply with part 121

Domestic or Flag dispatch and operational control regulations as required in Subpart K of this

part.

§ 135.99 Composition of flight crew.

(a) No certificate holder may operate an aircraft w ith less than the minimum flight crew specified

in the aircraft operating limitations or the Aircraft Flight Manual for that aircraft and required by

this part for the kind of operation being conducted.

(b) No certificate holder may operate an aircraft without a second in command if that aircraft has a

passenger seating configurati on, excluding any pilot seat, of ten seats or more.

(c) No certificate holder may operate a tur bojet aircraft without a second in command unless;

(1) In addition to the autopilot requirements of § 135.105, the appro ved autopilot system is

also be capable of coupled approaches and have “track & hold” functions,

(2) Oxygen equipment, when required by § 135.89 to be in continuous use, must allow the

pilot to provide briefings to passengers through a means approved by the Administrator,

(3) The pilot has at least 100 hours of flight time as pilot in command in the make, model

and type (if a type rating is applic able) of aircraft to be flown,

(4)The pilot must successfully complete both the certificate holder’s approved single pilot

training program and a single pilot proficiency check, and

(5) The pilot must complete at least 10 hours of flight time acting as a single pilot in

command under the supervision of a qualified check airman with that certificate holder.

(6) For on-demand operations, the pilot must meet the operating experience requirements

identified for operations of turbojet aircraft in § 135.244, except that the requirement for

experience under (b)(2)of that section must be satisfied by on-demand operations, not

commuter operations.

(7) For commuter operations, th e experience identified in paragr aphs (3) and (5) above is

in addition to the operating experience required by § 135.244.

(8) For commuter operations, the certificate holder may not conduct commuter passenger

carrying operations in turbojet aircraft with a single pilot until that certificate holder has

obtained at least 6 calendar months of operating experience utilizing turbojet aircraft in

commuter operations.

(d) No certificate holder may operate an aircraft other than a turbojet in commuter operations

without a second in command unless the pilot has at least 100 hours pilot in command flight time

in the make and model of aircraft to be flown and has met all other applicable requirements of this

part.

§ 135.101 Second in command required under IFR.

# 20 (a) Except as provided in §§ 135.99 and 135.105, no person may operate an aircraft carrying

passengers under IFR unless there is a second in command on the aircraft.

§ 135.105 Exception to second in command requirement: Approval for use of autopilot system

additional requirements.

(a) Except as provided in §§ 135.99 and 135.111, unl ess two pilots are required by this chapter for

operations under VFR, a person may operate an aircraft without a second in command, if it is

equipped with an operative approved autopilot system and the use of that system is authorized by

appropriate operations specifications.

(b) The certificate holder may apply for an amendmen t of its operations specifications to authorize

the use of an autopilot system in place of a second in command.

(c) The Administrator issues an amendment to the operations specifications authorizing the use of

an autopilot system, in place of a second in command, if --

(1) The autopilot is capable of operating the aircraft controls to maintain flight and

maneuver it about the three axes;

(2) The certificate holder shows, to the satisfaction of the Administrator, that operations

using the autopilot system can be conducted safely and in compliance with this part.

The amendment contains any conditions or limitations on the use of the autopilot system that the

Administrator determines are needed in the interest of safety.

§ 135.244 Operating experience.

(a) No certificate holder may use any person, nor may any person serve, as a pilot in command of

an aircraft operated in a commuter operation, as de fined in part 119 of this chapter, unless that

person has completed, prior to designation as pilot in command, on that make, model and type (if a

type rating is applicable) aircraft and in that crewmember position, the following operating

experience in each make, model and type (if a type rating is required ) of aircraft to be flown:

(1) Aircraft, single engine - 10 hours.

(2) Aircraft multiengine, reciproca ting engine powered - 15 hours.

(3) Aircraft multiengine, turbin e engine powered - 20 hours.

(4) Airplane, turbojet powered - 25 hours.

(b) In acquiring the operating experience, each person must comply with the following:

(1) The operating experience must be acqui red after satisfactory completion of the

appropriate ground and flight training for th e aircraft and crewmember position. Approved

provisions for the operating experience must be included in the certificate holder's training

program.

(2) The experience must be acquired in flight during commuter passenger carrying

# 21 operations under this part

. However, in the case of an aircraft not previously used by the

certificate holder in operations under this part , operating experience acquired in the aircraft

during proving flights or ferry flights may be used to meet this requirement.

(3) Each person must acquire the operating experience while performing the duties of a

pilot in command under the supervision of a qualified check pilot.

(4) The hours of operating experience may be reduced to not less than 50 percent of the

hours required by this section by the substituti on of one additional takeoff and landing for

each hour of flight.

§ 135.399 Small nontransport category airpla ne performance operating limitations.

(a) No person may operate a reciprocating engine, or turbopropeller or turbojet powered small

airplane that is certificated under § 135.169(b)(2), (3), (4), (5), or (6) unless that person complies

with the takeoff weight limitations in the appr oved Airplane Flight Ma nual or equivalent for

operations under this part, and, if the airplane is certificated under § 135.169(b)(4) or (5) with the

landing weight limitations in the Approved Airplane Flight Manual or equivalent for operations

under this part.

(b) No person may operate an airplane that is certificated under § 135.169(b)(6) unless that person

complies with the landing limitations prescribed in §§ 135.385 and 135.38 7 of this part. For

purposes of this paragraph, §§ 135.385 and 135.387 are appli cable to reciprocating and

turbopropeller powered small airplanes notwithstandi ng their stated applicability to turbine engine

powered large transport category airplanes.

P ROPOSED 

## N EW 

## S UBPART 

## K TO 

## P ART 

## 135

Subpart K - Dispatch and Operational Control Require ments for Commuter Service Operators using

turbojet airplanes

§ 135.551 Applicability.

This subpart prescribes the part 121 Dispatch and Operational Control requirements to be used by

part 135 operators using turbojet airplanes in commuter service, except for those operations

conducted solely within the state of Alaska. Un less otherwise authorized by the Administrator,

operations conducted with the 48 contiguous United States will be conducted under the regulations

listed in § 135.557 for Domestic operations and operations to, from or outside the 48 contiguous

United States will be conducted under the regulations listed in § 135.557 for Flag operations, as

applicable.

§ 135.553 References

.

Unless otherwise provided, references in this subpar t to specific sections of 14 CFR Part 121 are to

those sections of part 121 currently in effect.

§ 135.555 Compliance with other regulations under this part.

In instances where other regulations in this part pr escribe actions similar to or in conflict with the

requirements of § 135.557, operators shall comply with the requirements of § 135.557.

# 22 § 135.557 Compliance with regulations under part 121.

Each certificate holder must comply with the applicable requirements of part 121 Domestic or Flag

Dispatch and Operational requirements including but not limited to:

§ 121.99 Communication facilities.

§ 121.101 Weather reporting facilities.

§ 121.103 En route navigational facilities.

§ 121.107 Dispatch centers.

§ 121.357 Airborne weather ra dar equipment requirements.

§ 121.395 Aircraft dispatcher: Domestic and flag operations.

121 Subpart N—Training Program as it applies to aircraft dispatchers.

(Specific regulations not referenced due to on-going FAA regulatory work on this

Subpart.)

121 Subpart P—Aircraft Dispatcher Qualifi cations and Duty Time (121.461 through

121.467)

§ 121.533 Responsibility for operatio nal control: Domestic operations.

§ 121.535 Responsibility for opera tional control: Flag operations.

§ 121.557 Emergencies: Domestic and flag operations.

§ 121.593 Dispatching authority: Domestic operations.

§ 121.595 Dispatching authority: Flag operations.

§ 121.599 (a) Familiarity with weather conditions.

§ 121.601 Aircraft dispatcher informati on to pilot in command: Domestic and flag

operations.

§ 121.607 Communication a nd navigation facilities: Domestic and flag operations.

§ 121.611 Dispatch or flight release under VFR.

§ 121.613 Dispatch or flight release under IFR or over the top.

§ 121.615 Dispatch or flight release over water: Flag and supplemental operations.

§ 121.617 Alternate airport for departure.

§ 121.619 Alternate airport for destinati on: IFR or over-the-top: Domestic operations.

# 23 § 121.621 Alternate airport for destination: Flag operations.

§ 121.625 Alternate airport weather minimums.

§ 121.627 Continuing flight in unsafe conditions.

§ 121.629 Operation in icing conditions.

§ 121.631 Original dispatch or flight release, redispatch or amendment of dispatch or

flight release.

§ 121.635 Dispatch to and from refueling or provisional airports: Domestic and flag

operations.

§ 121.637 Takeoffs from unlisted and altern ate airports: Domestic and flag operations.

§ 121.639 Fuel supply: All domestic operations.

§ 121.645 Fuel supply: Turbine-engine power ed airplanes, other than turbo propeller:

Flag and supplemental operations.

§ 121.647 Factors for computing fuel required.

§ 121.663 Responsibility for dispatch release: Domestic and flag operations.

§ 121.683 Crewmember and dispatcher record.

§ 121.687 Dispatch release: Flag and domestic operations.

§ 121.711 Communication records: Domestic and flag operations.



# END

DISSENETING OPINOION 1 FROM AIRLINE DISPATCHER FEDERATION:

Minority Opinion on Exempting Alaska from Proposed New Rules

Herein please find the Airline Disp atchers Federation (ADF) objection

to exempting Alaska from new rules proposed by the Part 125/135

Aviation Rulemaking Committee, part icularly the requirements for

Part 121 Domestic and Flag Dispatch and Operational Control for

jet aircraft in Part 135 Commuter Service, as expressed at the

Steering Committee.

Most of the rule changes propos ed by the Part 125/135 ARC

deal with forward-looking future operations under Part 125 or Part 135.

This is particularly true of the provi sions allowing jet aircraft to be

operated in scheduled commuter se rvice. ADF believes it is an

affront to the air travelers of Alaska to mandate by rule of law a lesser

level of compliance and safety fo r them than for other United

# 24 States citizens. It also serves to unnecessarily jeopardize the effort

to achieve a true single level of safety.

ADF acknowledges that infrastructu re and geography is different

in Alaska than in other U.S. states . This, in itself, does not prevent

compliance with current or propos ed regulations. Costs may be

greater and procedures may be di fferent but almost universally

compliance is possible. Additionally the Alaskan representatives

themselves presented information that improvements are well

under way in Alaska that would facilitate more traditional

compliance at costs similar to those incurred in the lower 48.

Specifically, the Alaskan presentati on seems to say a non-Alaskan

dispatcher, who would be an additi onal employee presents a potential

negative impact. There is no require ment for an additional employee

or that the dispatcher be located outside Alaska. If the operation is

appropriately staffed, a currently employed individual performing

any or all of a wide variety of other functions could well be the

required, trained and certificated di spatcher along with other duties

based on the size and complexity of the operation. This would

present a clear positive impact.

The Alaskan presentation also sets forth a number of "impractical"

requirements. These may be require ments for a Part 121 certificate

operation, but for the most part they would NOT necessarily be

required by the proposal to requir e Part 121 Domestic and Flag

Dispatch. The following paragraph in the Alaskan presentation

notes several future improvements that would allow a more standard

application of Part 121 Dispatch and Operational Control requirements.

Part 135, with the proposed changes, including Part 121 Domestic

or Flag Dispatch and Operational Control provides an equivalent

level of safety for small jet aircra ft as exists under Part 121. If, at

some point in the future, an opera tor wishes to conduct a specific

operation that cannot comply with th e full proposed rule, then that

operator may apply for the appropriate deviation or exemption including

specific alternate procedures to insure the appropriate level of safety.

To require less, in advance by permanently exempting Alaska by rule

is a disservice to the aviation industry and to the traveling public.

Respectfully submitted.

Norm Joseph

Director



# DISSENTING OPINION 2 FROM THE AIRLINE DISPATCHER FEDERATION:

Minority Opinion on Single Pilot Jet Operations in Commuter Service

# 25 Herein please find the Airline Disp atchers Federation (ADF) objection

to allowing jet aircraft to be flown by a single pilot in commuter service

under the new rules proposed by the Part 125/135 Aviation Rulemaking

Committee (ARC).

Most of the rule changes propos ed by the Part 125/135 ARC

deal with forward-looking future operations under Part 125 or Part 135.

This is particularly true of the provi sions allowing jet aircraft to be

operated in scheduled commuter serv ice. Prior to these proposed

rules jet aircraft with any number of seats in scheduled service would

be required to comply with Part 25 certification requi rements and to

be operated under a Part 121 Domestic or Flag rules. Part 135, with

the proposed changes, including Part 121 Domestic or Flag Dispatch

And Operational Control provides an e quivalent level of safety for small

jet aircraft as exists under Part 121. U nder Part 121 scheduled service two

pilots would be required without question.

ADF believes the 2 pilot mandate for comm uter or scheduled service with jet

aircraft should be maintain ed for a number of reasons.

-We have a different traveling public today. Terrorist and hijackers

are more likely to be among the pa ssengers. No secure cockpits

or flight attendants planed for these aircraft.

-We have a different National Airsp ace System today. More congestion

on the ground and in the sky. RVSM and RNP will allow much less

separation and room for error today. Th e VLJ will operate at high altitude

and for long distances.

-The ATC system and the FAA are becoming more automated with less

human assistance available.

-The ultimate value of an aircraft dispat cher is to be the trained and qualified

jointly responsible point of contact and coordination for the pilot while enroute.

In a single pilot environment, any non -routine issue or emergency results in

the pilot immediately losing all cockpit resources except ATC, as the pilot must

fly the airplane and deal w ith the issue while listening to ATC. The dispatcher can

not communicate with and is no longer ava ilable to assist the pilot in command.

-The publics trust and a single level of safe ty will be maintained. The public expects

jet aircraft to be operated by 2 pilots in sc heduled service, just as they are today.

An equivalent level of safety for jet airc raft in scheduled serv ice under Part 135 is

only possible with a minimum crew of two pilots.

Respectfully submitted.

Norm Joseph

Director

# 26 

# DISSENTING NOTE 3 FROM ALPA REGARDING SINGLE PILOT COMMUTER

OPERATIONS

APP-20 Single Pilot Jet Opera tions in Commuter Service

Minority Opinion

Air Line Pilots Associat ion, International (ALPA)

ALPA is strongly opposed to the use of singl e pilot jet operations for scheduled, commuter

service in Part 135 as proposed in this Recommendation Document being submitted by the

125/135 Aviation Rulemaking Committee (ARC). We understand that the certification criteria

(Part 23) for the very lig ht jets in question does not, by design, allow them to operate in Part 121

where two pilot crews are required for turbojet airplane scheduled, passenger operations.

This proposal contains beneficial pilot traini ng and experience criteria for opera tors and their

pilots new to these airplanes and unfamiliar with the operating environment. This allows them to

gain valuable knowledge and experience for operating a turbojet airplane in on-demand Part 135

operations. However, we continue to maintain a single pilot crew does not meet the equivalent

level of safety afforded by a two pilot crew in Part 121 operations.

To maintain the FAA’s One Level of Safety pr ogram, ALPA strongly believes a two pilot crew

must be required for scheduled, commuter service w ith jet aircraft. An equivalent level of safety

for jet aircraft in this type of operation under Part 135 is only po ssible with a minimum crew of

two pilots.

Additionally, in a single p ilot environment, the rou tine workload of the sole pilot is well above the

workload of either pilot in a two-pilot operation. In the event of a non-routin e situation, such as an

emergency or other abnormal event, that single pilot’s workload level is further increased and

other cockpit resources are either limited or non-existent. Since the pilot must fly the airplane and

deal with the emergency or abnormal event, th e satisfactory outcome may be in question thus

placing the safety of the flight in jeopardy.

The traveling public insists that two pilots operate jet aircraft in scheduled service. They are not

concerned with, or may not be aware of, which Part of the regulations the aircraft is operated

under.



# RICK KESSEL

N OTE 

# 4 [ CLARIFICATION PROVIDED BY EILEEN GLEIMER AND INCLUDED IN NPRM 

# ]:

(APP 20) Nine or less scheduled turbojets and single pilot ope rations - Section Analysis of

Proposed Changes for 119.3 (page 77, line 10) - Although technically correct, the narrative

attempts to describe simultaneously the changes to four definitions, but only gives the definitions

afterwards making it a bit unclear. The first sent ence, beginning with "All changes", should stay

because it sets forth what the sum total of the changes will accomplish. However, when

describing the two types of scheduled service, we suggest that number 2 be revised to read as

# 27 follows:

"A turbojet aircraft in part 135 scheduled on-demand operations (i .e., less than 5 round trips per

week over a published route) when the airplane is configured in accordance with maximum

passenger and payload limits. (Today's limit is 9 or fewer passenger seats and 7,500 pounds

payload or less)"

Steering Committee Review : This document has dissenting opinions from ALPA and ADF

related to the two crew ope ration in commuter operation.

On-demand single pilot is full cons ensus as the rule currently r eads for single pilot operation.

This document will have majority/mi nority opinion based on crew pairing.

Also, since this is a new type of operation, seve ral members of the Steering Committee believes it

to be inappropriate to approve.

Final Action : This document will go to the FAA with a minority/majority opinion on crew.

APPROVED [includes 4 notes]

Notes:

# RECOMMENDATION DOCUMENT

Number: Applicability 21 Docket 75.2, 90

Issue: Brokers without author ity acting as direct or indirect air carriers

Dayton Lehman/Patti Thomas/Jonathan Dols

Discussion :

An initial recommendation was made to examin e whether air charter brokers who act as

unauthorized indirect air carrier s are subject to FAA enforcemen t jurisdiction under Part 135 or

14 CFR 121.4 and, if so, whether existing regulati ons have to be amende d to cover concerns

over air charter brokers’ conduct. The issue stems from concer ns over air charter brokers who

arrange with a customer for air transportation, for example on an empty return leg of a charter

arranged by the air charter broker, without involvement of the air line operating the flight. The

airline may not know who its true passengers ar e and the air charter broker may be passing

itself off as the operator of the flight through service requirements contractually imposed on the

airline, or otherwise.

It was determined that the FAA’s statutory juri sdiction to regulate air ch arter brokers is limited

to situations where an air charter broker may be in actual operational cont rol of an aircraft (49

U.S.C. § 44711.) This situation is not likel y to arise, but when it does, existing FAA

regulations are sufficient to cove r the situation. Moreover, servic e requirements, to the extent

they do not impinge on actual operat ional control of an aircraft or deceive consumers, are in

contractual matters between th e airline and the air charter broker and/or customer. The

Department’s Office of the Secretary (OST), however, does have broade r jurisdiction over air

charter brokers that engage in (hold ou t and/or operate) air transportation.

In order to hold out or operate air transporta tion for hire as a common carrier, a person is

required to hold economic authority from OST pursuant to 49 U.S.C. § 

# 41101 or an exemption

from that provision, such as that provided to ai r taxis under 14 CFR Part 298, or to indirect air

carriers such as provided to charter operators pursuant to 14 CFR Part 380 or to air freight

forwarders pursuant to 14 CFR Part 296. This economic authority is in addition to any safety

authority necessary under a pplicable Federal Aviation Ad ministration requirements.

Accordingly, air charter brokers without economic authority may not hold out air transportation

in their own right or, as a principal, enter into contracts with customers to provide air

transportation. Rather, in entering into contr acts to provide air tran sportation, air charter

brokers must act as either an agent of the direct air carrier or of the customer.

With regard to passenger air serv ice, there are situations in wh ich air charter brokers contract

directly with the charter customer for air transportation and separa tely solicit and contract with

a direct carrier to operate the char ter flight. In most if not all of these situations, the air charter

broker collects and holds all of the monies paid by the char tering entities that ultimately are

provided air transportation, turning over the funds to the operati ng carrier pursuant to whatever

terms are required under the contract between th e air charter broker and the operating carrier.

In such instances the air charter broker is not ac ting as an agent for the operating carrier or for

# the ultimate charter customers that is transporte d. Accordingly, the ai r charter broker is the

principal in such transactions a nd, at a minimum, is engaged in air transportation as an indirect

air carrier, doing so without re quired Departmental economic aut hority in violation of 49 U.S.C.

§ 41101. Under OST precedent, violations of sec tion 41101 also constitute unfair and deceptive

practices and unfair methods of competition in violation of 49 U.S.C. § 41712, which is also

enforced by OST. (To the extent the airline is facilitating the unlaw ful conduct of the air

charter broker, it, too, may be in violation of section 41712.)

Such conduct by air charter brokers can also violat e specific OST regulations designed to protect

the public from unfair and deceptive practices and unfair methods of competition in violation of

49 U.S.C. § 41712. In this regard, air charter broker s can be ticket agents pursuant to 49 U.S. C.

§ 40102(a)(40), which defines a ticket agent as a person (other than a car rier or its employee)

who, “as a principal or agent sells, offers for sale , negotiates for, or holds itself out as selling,

providing, or arranging for air tran sportation.” Pursuant to 14 CFR 399.80, it is an unfair and

deceptive practice or unfair method of competitio n for a ticket agent to, among other things, pass

itself off as an airline (§ 399.80(a )) or to enter into a contract with a customer without a binding

commitment with an airline to perfor m the air transportation (§ 399.80(j).

While the general prohibitions of section 41712 agai nst a person falsely passing oneself off as an

airline, or otherwise engaging in unfair and deceptive practices or unfair methods of competition,

apply to air charter brokers invo lved in the all-cargo business, it must be recognized that the

deregulation of all-cargo air serv ice, including all-cargo indirect air carriers, otherwise known as

air freight forwarders, renders the all-cargo air service indus try less subject to regulatory

obligations and protections.

I would agree that the ARC is not the place to solve the problem of air charter brokers, but I

disagree that the Part 135 industry should be the ones educated. The broker problem will

continue and become a larger problem for OST, as the fractional programs did for the FAA. It is

my opinion that OST needs to develop some me thod of regulating the non -certificated brokers

for the protection of the public, or this issue will blossom into a major problem for OST.

Recommendation : Since OST is primarily responsible for protecting the public regarding the

practices of brokers and the F AA’s jurisdiction over brokers is limited to matters involving

unlawful operational control, we recommend th at no action be taken through this ARC to

amend FAA rules as they concern brokers. Nevertheless, the ARC should consider

recommending to a well-respected organization, such as NATA, that it strive to educate the ondemand air transportation industry about the need to refrain from practices meant to confuse the

charter passenger as to the identity of the carrier operating the flight.

Steering Committee Review : This should be addressed by OST. The FAA should make a

formal request to OST.

# Final Action: Approved by Steering Committee (also OS T issued “Notice on the Role of Air

Charter Brokers in Arranging Air Transportatio n” on October 18, 2004 in response to the ARC

recommendations.)

Notes:

# Doing a search for these “@@” will take you to the ALPA minority position statement

RECOMMENDATION DOCUMENT

Number: APPLICABILITY 32 [merged with Applicability 39], Rev. 7a (18Nov04)

[Note: Rev 7a corrects minor punctuation, spelling, and gra mmatical errors discovered subsequent to posting of Rev 7.]



# Issue : Permit Part 135 all-cargo airplanes to ca rry a maximum payload of 18,000 lb (and permit

certain Part 125 operators of airplanes up to this maximum payload to elec t to operate under Part

135); and "grandfather" a limited number of other FAR 125 oper ators whose aircraft have

maximum payloads between 18,000 and 30,000 lb.

Minority Position: ALPA Comments; November 12, 2004 and February 22, 2005

Discussion:

STATUS OF CURRENT APPLICABLE RULES

At present, FAR 135 operators are limited to a maximum cargo payload of 7,500 lb by FAR 119.

FAR 125 operators are caught betw een public demand for their services by a wide variety of

entities, limitations in FAR 125 on their ability to hold out to the public, ambiguities in the

definition of "holding out," and increasingly vigorous enforcement action by the Department of

Transportation – which has driven some operators out of business, and continues to do so.

SUMMARY OF THIS PROPOSAL

Increase the maximum allowable payload for FAR 135 cargo operators to 18,000 lb. Incorporate

into this recommendation the limited 30,000 lb payload limit proposed by the FAR 125 working

group for certain all-cargo airpla nes currently operati ng under Part 125 (with th e expectation that

these larger all-cargo aircraft wi ll be phased out over time). Provide a means for current FAR

125 operators who are willing to accept the additi onal regulatory requirements to transition to

FAR 135 operation. This proposal recognizes that details of the operational and safety standards

will be reviewed in this proposal may be further developed and modified as a joint task of the

Operations, Airworthiness, and other Worki ng Groups for final Steering Committee action.

The principal justifications fo r this proposal are:

1. To provide a regulatory alternative for certa in Part 125 all-cargo certificate holders who no

longer wish to operate, or cannot operate, und er Part 125 (as it may be amended through the

current Aviation Rulemaking Committee process) , and are willing to accept the additional

regulatory burdens of FAR 135 that will enable them to hold out their all-cargo transportation

services to the shipping public, and

2. To permit FAR 135 operators to respond to market demands for larger, available, more

modern, and inherently safer airc raft in all-cargo service.

Because of evident public interest in these operations, and economic pressure on current operators

arising from artificial limits on payload, it requested th at the FAA consider expedited relief by

whatever means the agency deems appropriate, pres uming that general consensus of this proposal

by the ARC Steering Committee is expressed. Th e need for immediate relief is twofold:

1. To provide an immediate regulatory alternativ e for certain FAR 125 all- cargo operators facing

# pending or potential enforcement action by the Department of Transportation (DOT) for allegedly

exceeding the limits of private carriage for hire, a nd those whose revenue has been so diminished

by current "holding out" limitations that they can no longer stay in business; and

2. In the case of FAR 135 cargo operators, to addr ess the current need and immediate availability

of aircraft technologically, ope rationally, and economically suitable for FAR 135 all cargo

operation – recognizing that economically viable operation of these aircraft under FAR 135 with

the artificial 7,500 payload limit in place is not possible.

Both the FAR 125 and 135 groups face significant public demand for their services, which cannot

be effectively addressed within th e current regulatory framework.

PROBLEMS WITH THE CURRENT RULES

FAR 125 AND 135

FAR 125: The dividing line between "private carriage for hire" and "common carriage is

ambiguous in FAR 125 as currently written

− as explained more fu lly in Recommendation

Document "Applicability 39" currently being pr ocessed by the Aviation Rulemaking Committee.

In addition, there are certain Pa rt 125 all-cargo operators who would find it difficult (or in a

limited number of cases, impossible) to conduct economically viable operations based upon the

standards proposed in the ARC Part 125 Work Group's paper (i ncluding the four-contract/300

hour limitation). These operators require a regulat ory alternative, and ar e willing to accept the

additional regulatory burdens associ ated with a revised Part 135.

FAR 135: The rule's current language (via defini tions in FAR 119.3) limits all-cargo operators to

a maximum payload of 7,500 lb. While that restric tion was appropriate in th e days when the rule

was written (and the airplane bei ng addressed was the Douglas DC-3), former regional airliners

such as the Embraer EMB-120 Brasilia, SAAB 340, and various versions of the ATR-42/72,

available in today's market to the same classes of operators, are capable of lifting significantly

greater payloads

− as high as 18,000 lb

− while offering improved safety, performance, and

operating flexibility due to their more modern design, equipment, and requirement for two-pilot

crews. These newer airplanes are, however, eco nomically unfeasible to operate with artificial

limits on their useable payloads.

WHY OPERATE UNDER FAR 135 INSTEAD OF 121?

There has been some discussion as to whethe r a “FAR 121 light” as opposed to an “augmented

FAR 135” approach would be best. It is believed that the FAR 135 approach is preferable for

several reasons:

1. The market for services provided by these ai rcraft imposes economic strictures that would

render them unprofitable if operato rs were required to absorb the initial cer tification, and

particularly the long-term admi nistrative costs of FAR 121 oper ation. The paucity of FAR 121

operators in this part of the market at present confirms this position.

2. The majority of experience in the specific ma rkets that will be served by the ex-regional

turboprop aircraft resides w ith current FAR 135 operators.

3. Part 121 was written for large airline operations, with large, extraordinarily complex aircraft,

whose procedures and requirements are appropriate to that type and si ze of operation and its

associated infrastructure. Part 135 was writte n for the smaller operations with smaller, lesscomplex aircraft, in which the operators of aircraft that will fall under this subpart more logically

# fit.

4. By imposing the FAR 135.411(a)(2) (ten-or-more ) maintenance standards (which parallel

those of FAR 121 Supplemental in virtually ever y respect as shown belo w), the airworthiness

standards of aircraft moving into this new proposed s ubpart from Part 125 and Part 135 (nine-orless) are raised to a level equi valent to that of Part 121.

5. In the case of large Part 125 aircraft transi tioning to Part 135, the more stringent regulatory

standards of Part 135 clearly promote sa fety and are in the public interest.

AIRCRAFT IN THE EX-REG IONAL TURBOPROP CLASS

The table below sets forth aircraft that would be subject to the allowable payload increase, with

their estimated payload capability as straight freighters.



# REGIONAL TURBOPROP PAYLOADS

Embraer EMB-120ER Brasilia 8,100 lb

Shorts SD-360 8,300

SAAB 340 8,500

de Havilland DHC-8-100 10,000

de Havilland DHC-8-200 11,000

de Havilland DHC-8-300 12,000

Avions de Transport Regional ATR- 42 12,250

Avions de Transport Regional ATR- 72 17,800

Estimated payloads based upon typical results when passenger inte riors are removed and a dedicated cargo interior with restrain t

system is installed. Maximum payload is assumed: MZFW – BOW = Payload.

Prepared by Regional Air Cargo Carriers Association



# PROPOSED CHANGE TO CURRENT RULES

The proposed proposed rule will permit:

1. Aircraft whose maximum cargo payload is between 7,500 lb and 18,000 lb, to carry that

payload in FAR 135 cargo-only operations; 1 

# and

2. Certain FAR 125 all-cargo airc raft with a maximum payl oad of 30,000 lb or less (as

configured, and listed on the re spective operators' Operations Specifications as of 24 June

2004), to operate under a revised FAR 135. 2



# The proposed change to the 7,500 lb payload lim it echoes the rationale employed by the FAA in

1978 when the existing maximum payload stan dard was adopted in lieu of the 12,500 lb

maximum takeoff weight limit: Namely, the need fo r greater operating flexibility in aircraft size,

recognition of advancements in te chnological and operating state of the art, and responsiveness to

# marketplace demand for larger aircraft.

Accompanying the increase in payload are change s to Part 135 to incorporate more stringent

safety standards including provisions parallelin g Part 121 as described more fully below.

FLIGHT-DUTY-REST: In this particular instan ce, the current rules in FAR 135 regulating crew

flight, duty, and rest time are actu ally more stringent – and inhere ntly safer – than equivalent

FAR 121 rules.

FLIGHT FOLLOWING: It is believed that the provisions of FAR 135.77, .79, and .81, although

slightly less stringent than Supplemental ru les in §121.125 and .597, provide an equivalent or

better level of safety in the cont ext of other requirements imposed herein, particularly in view of

the fact that most of th e aircraft affected by this proposal w ill be propeller driven, as opposed to

jet powered. Operational control requirements already present in §135.77 through .83 have been

demonstrated to be safe in the context of th ese types of operations, which often involve rural

airports with limited facilities — but adequate for the types of aircraft involved in view of

restrictions already impose d by §135 Subpart I.

FLIGHT TRAINING/TESTING: Th e training and testing requir ements of FAR 135 Subparts G

and H are comprehensive (in some respects, more strict than FAR 121 Subpart N), and believed

to be adequate for operations under this pr oposal. Certain FAR 121 provisions are more

thoroughly defined, but largely inap plicable to cargo operations in (chiefly) propeller-driven

aircraft. However, consideri ng the availability (and training benefits) of advanced flight

simulators for many of the newer turboprop airp lanes involved, the pr oposed rule language

requires that operators incorporat e the use of advanced simulation for initial flight crew training

in those aircraft when such simulators are avai lable within the U.S. Guidance should recommend

incorporation of advanced simulation for recurren t training on at least a yearly basis in their

training programs when it is practicable to do so (i n view of location of operations vs. location of

simulator training facilities).

MAINTENANCE REGULATIONS: C onsiderable concern has been focused upon maintenance

requirements for these aircraft if operated at increased weights under FAR 135. FAR 135 “10 or

more passenger seats” requirements were comp ared to those of FAR 121 (Supplemental); it was

determined that the FAR 135 rules were more a ppropriate to this type of operation. Based upon

recommendations of the Airworthiness work gr oup, maintenance generally will be required to

meet FAR 135.411(a)(2) [comm only called "10 or more"] requirements as follows:

• 135.415 Mechanical reliability reports [curre ntly suspended until Dec06] [parallels

§121.703]

• 135.416 Service difficulty reports (structural) [cu rrently suspended until Dec06] [parallels

§121.704]

• 135.417 Mechanical interruption summary repor t [currently suspended until Dec06]

[parallels §121.705]

• 135.422 Aging airplane inspections [Aging “ 10-or-more-pax” ai rcraft; no direct

equivalent in FAR 121]

• 135.424 Maintenance, preventive maintenance, and alteration orga nization [parallels

§121.365]

• 135.425 Maintenance, preventive maintenance, and alteration programs [parallels

§121.367]

# • 135.427 Manual requirements [parallels §121.369]

• 135.429 Required inspection pers onnel [parallels §121.371]

• 135.431 Continuing analysis and surveillance [parallels §121.373]. Recognizing the

limited capability of small operators to conduc t on-site audits of distant vendors, for

operators with 10 or fewer aircraft subj ect to this PROPOSED RULE guidance should

state that a telephone audit program acceptable to the Administrator, augmented by

requests for audit assistance by FAA Flight St andards District or other appropriate FAA

offices near the vendor in the event of problem s with specific vendors, will be deemed to

satisfy CAS external audit requirements.

• 135.433 Maintenance and preventive maintena nce training program [parallels §121.375]

• 135.435 Certificate requirements [parallels §121.378]

• 135.437 Authority to perform and approve maintenance, preventive maintenance, and

alterations [parallels §121.379]

• 135.439 Maintenance recording requ irements [parallels §121.380]

• 135.441 Transfer of maintenance records [parallels 21.380a]

• 135.443 Airworthiness release or aircraft maintenance log entr y [parallels §121.709]

• MRB Report: In aircraft for which an Mainte nance Review Board Report is available, the

proposed rule language requires that mainte nance and inspections comply with that

document. This alone represents a signifi cant “raising of the bar” compared to the

Approved Aircraft Inspection Programs [p er FAR 135.411(a)(1) and .419] used by most

cargo-only operators.

NOTE: Guidance should state that FAR 21.217(c) will be considered to have been satisfied by

the above with respect to operato rs’ continuing authori zation to self-issue Sp ecial Flight Permits

(ferry permits).

The Maintenance Review Board Report mentioned above is prepared jointly by the manufacturer,

operators, and the FAA for aircraft intended to be operated under FAR 121, contains the

guidelines for comprehensive inspection and mainte nance of a specific make and model of large

aircraft, and represents a signi ficant "raising of the bar" for FAR 135 operators.

TRANSITION AND INITIAL CADR E CONSIDERATIONS: Guidance should state that for

FAR 135 operators currently operating the same airplane types that will be used under this

proposed rule, flight crewmembers, flight instructors, check airmen, flight following personnel,

mechanics, and inspectors qualifi ed under the operator’s previous authorizations in the same

type(s) of aircraft will be considered qualified under this proposed rule provided they

satisfactorily complete a training program accep table to the Administrator addressing the

differences between the previous FAR 135 ope ration and operations conducted under this

proposed rule. Other testing and training due dates, grace periods, etc., will flow through into the

proposed rule unchanged except where a change is mandated by a difference between the

previous regulation and this proposed rule.

JUSTIFICATION FOR CHANGE

Four primary factors justif y the proposed change:

1. Limited expansion and updating of Part 135's pa yload limitation to reflect the actual payload

capability of certain aircraft already operating under FAR 135, but whose payloads are

artificially restricted by current rules.

# 2. Additional expansion of Part 135 to capture modern, Part-25-certific ated former regional

airliners with design payloads up to 18,000 lb wh ich are currently available (in many cases,

facing continued deterioration in "dead storage" at various loca tions), at attractive prices.

3. Providing a "home" for those Part 125 opera tors using airplanes up to an 18,000 lb payload

limit, who may not be able to comply with restri ctions on operations unde r Part 125 as proposed

in the ARC Work Group paper, and/or wish to "hold out" their services as common carriers as

would be permitted under the revised Part 135; an d for a limited (and steadily decreasing) number

of current FAR 125 operators and aircra ft with payloads from 18,000 to 30,000 lb.

4. Harmonizing the FAA Part 135/Part 121 dividing line with DOT's Part 298 certification limit:

18,000 lb as designed.

A number of additional factors militate in favor of this change:

A. INDUSTRY DEMAND/PUBLIC INTEREST

• Accommodating certain all-cargo Part 125 operators, a demand for whose services clearly

exists, who currently operate in the gray ar ea between “private ca rriage for hire” and

“common carriage”

• As elaborated upon in the Part 125 Work Group position paper, the definition of “private

carriage for hire” versus “common carriage” (or “holding out”) has been, and still is, one

of the more confusing and misunderstood concepts in aviation law. There is no bright line

test for making this distinction, which ha s made it especially difficult for Part 125

operators to determine whether they are “hol ding out by reputation.” Part 121 operators

disagree with Part 125 oper ators on whether the latter are “holding out” and thereby

encroaching upon the 121 operator’s domain. In fact, the confusion within the industry

has, at times, been shared by the FAA and DOT.

• Certain Part 125 all cargo operators cannot operate within the propos ed Part 125 limits (4

contracts/300 hours, for example) or transition to Part 121. These operators are relatively

few in number; moreover the number of aircraft operated by these operators are also few

in number (approximately 30) and fall with in the payload range of 18,000 to 30,000 lbs.,

as configured (e.g. certain DC-6 freighters). Allowing these few operators to continue to

operate under Part 135

− only those all-cargo airplanes lis ted on their Part 125 operations

specifications as of June 24, 2004(see footnote 2 below)

− will avoid their having to cease

operations as well as avoid potential enforcem ent action over the issue of “private” vs.

“common” carriage by DOT or FAA (which seve ral of these operators are already facing

or have faced). The expecta tion is that the remaining economic life of these aircraft is

relatively short, and that they be phased out over time through attrition. Several have been

withdrawn from service during the time this AR C was active. In these circumstances, the

public interest does not favor a shutdown, but it does favor the continuation of service

with these airplanes under a more clearly define d regulatory structure. This element of the

public interest is also addressed in the Part 125 Work Group position paper.

• Additionally, there are Part 125 all-cargo opera tors currently operating aircraft in the

7,500 to 18,000 lb payload range (e.g. CV-5800 3 

# ) operators which no longer wish to

operate under the private carriage for hire restriction in Part 125, as stated in the

Applicability Work Group position paper. These operators who elect common carrier

status under Part 135 are willing to absorb the increased regulatory burden, certification

and operating costs of Part 135 in return for the opportunities to serv e the general shipping

public. These transitioning Part 125 operators w ill be able to “hold out” their services to

# the shipping public without fear of enforcem ent action; the shipping public, in turn, will

benefit from having additional carriers, with additional capabilities, in the marketplace

from which to choose.

B. OTHER BENEFITS:

Aside from transitioning FAR 125 operators, the proposal to increase the payload limit from

7,500 lb to 18,000 lb, will benefit the small package express industry, as well as other

shippers (couriers that suppor t transportation of business doc uments, U.S. Postal Service

contract flying, financial instit utions, carriers that specializ e in transportation of shortinventory auto manufacturing part s, etc.). All are experienci ng significant growth, which in

turn drives the requirement for increased payl oad capacity proposed in this proposed rule.

There are two types of airplanes which fall into this category:

1. Those airplanes currently operating under Part 135 such as the Embr aer Brasilia, capable

of 8,500 lb payload but artificially restrained to 7,500 lbs. due to existing Part 135 limitations.

In fact, these airplanes can now “legally” carry th e weight as fuel – but not as payload. There

are no sound safety or public interest reasons for these artificial restrictions.

2. Those Part 25-certificated former regional passenger airliners with design payloads up to

18,000 lb which are readily available for all-cargo service at attractive prices, such as the

ATR-42 and -72 series.

• SAFETY: The operations and types of airpla nes that drive this proposed proposed rule

embody some or all of the following features

−

1. All operations included in this proposal will be c onducted under the increased

safety standards of FAR 135 as augmented by specific provisions of this

proposal.

2. Two-pilot crews required by their type certification

− a major safety "plus,"

considering that most airplanes in th e current FAR 135 cargo fleet are operated

single-pilot, including former 19-passenge r turboprop "commuters" such as the

Fairchild Metro and Beech 1900.

3. FAR 25-certificated systems and fail-s afe damage-tolerant structures, or

aircraft designed for transport service.

4. Thoroughly developed Maintenance and Structural Repair manuals.

5. Many aircraft in this proposal (including the EMB-120, SAAB 340, ATR

series, Convair 5800, etc.) incorporate co ckpit design and ergonomic benefits

not available or practicabl e to retrofit in older aircraft, such as: Modern,

extensively redundant instrumentation, in cluding electronic fl ight instrument

systems (EFIS) and autopilot/integrated flight control syst ems (IFCS); cockpit

voice recorders (CVR) and f light data recorders (F DR); traffic collision

avoidance systems (TCAS); modern, reli able, efficient power plants; and cargo

restraint systems based upon Supplementa l Type Certificates compliant with

recent standards. Although retaining this equipment for aircraft in cargo

service "raises the bar" significantly, it is justified in the interest of safety.

6. For certain aircraft types, availability of advanced flight simulators for pilot

training.

7. For newer aircraft types and certain ol der transport airplanes, significantly

better parts availability and support from manufacturers than is provided for

# many aircraft currently in FAR 135 cargo service.

8. Aircraft certificated in the 7,500 to 18,000 lb design payload category may

replace two smaller aircraft in pack age-express and financial document cargo

operations

− with clear safety benefits due to reduced number of takeoffs and

landings, and less traffic in congested hub areas.

9. This proposed proposed rule does no t involve any changes to maximum

takeoff or landing weights available to FAR 135 operators, or to certificated

weights and performance for the airplane involved. The only ch ange will be to

the regulatory limit on maximum payloa d. FAR 135 operators now legally fly

with a 7,500 lb maximum payload plus fuel or other non-payload items up to

the certificated maximum takeoff weight

− but they cannot take off with more

payload (up to the certificated maximum zero-fuel weight) and less fuel, at the

same total maximum weight. This arti ficial restriction on payload does not

serve the public interest, nor does it improve safety.

Accompanying the increase in payload are changes in the pro posed rule language

to incorporate more stringent safety sta ndards, paralleling provisions of Part 121,

as described elsewhere in this proposal.

Together, these factors will not only produce an equivalent level of safety; they represent

a proactive move to improve the level of safety.

• EVOLUTION OF THE AIRPLANE FLEET: Large numbers of 30- to 60-plus-seat

former regional airliners

− including modern turboprops

− certificated to FAR 25

standards and incorporating recent avioni cs, instrumentation, and ergonomic technology,

are now (and continue to become) availabl e to the cargo-only market. Approximate

payloads of these airplanes are shown above in this proposal. As to airplanes in the

18,000 to 30,000 lb FAR 125 group, there are only a limited number of aircraft (fewer

than 30) eligible for operation under this propos al. However, it is essential that these

airplanes be accommodated under FAR 135 (revised) for the reasons stated above and in

the FAR 125 Applicability Working Group paper.

Nature of air operations currently being conducted under FAR 135: Twenty years ago, the

current small package express market was virtua lly nonexistent. Today, major integrated air

carriers, who also act as charte rers and forwarders such as Fe deral Express, UPS, DHL, and

others ship millions of packages for next- and second-day delivery all over the U.S. This has

generated a major (and continuing) demand for “air feeder” service, in airplanes that transport

packages delivered to major hubs by the parent ca rriers’ large jet freighter s, to smaller outlying

communities in the morning. These same airplanes then carry packages shipped from the smaller

communities back to the hubs in the evening, wh ere they are loaded aboard the large jet

freighters, flown to sort centers such as Mem phis (FedEx), Louisville (UPS), and Cincinnati

(DHL) for overnight sorting and redistribution. Similar growth has been experienced in U.S.

Postal Service, air courier, and financ ial document transportation requirements.

FAR 125 interests: "Just in time" manufacturers' invent ory practices (especially in the auto

industry) have created a requireme nt for various sizes of aircraft to be available on a moment's

notice. These operators should be able to freely hold out to the public and not be constrained by

the proposed four-contract/300 hour FAR 125 limitation.

# Additional factors favoring the change:

• For airplanes in the 7,500 to 18,000 lb design weight category, the proposed rule will

harmonize applicable FAA regulations with Department of Transportation's Part 298

standard by applying an 18,000 lb maximum payload design criterion to all-cargo

operations under FAR 135. It is recognized th at operations with airplanes exceeding this

design weight limit will, under current DOT regulations, require a Cer tificate of Public

Convenience and Necessity.

• Plentiful and continuing supply of airpla nes in the 7,500 to 18,000 lb design payload

category: EMB-120, ATR-42 and -72, SAAB 340, etc. airplanes are currently available at

attractive prices, having been removed from service and stored as regional passenger

carriers move to jets. Although specific numbe rs vary from day to day as airplanes are

bought, sold, and leased, as of this writing more than 70 EMB-120s, 40 ATR-42 and -72

airplanes (which, along with the DHC-8 series are st ill in production), and 70 SAAB 340s

are parked and available for conversion into freighters. A continuing supply of these

airplanes over the next few years is assu red by the ongoing trend toward jet equipment by

regional airlines. 4 

# Because of their popularity (and certa in unique capabilities) significant

numbers of DHC-8-series aircraft have not ye t appeared on the used market at prices

compatible with all-cargo conversion – although they t oo will eventually become

available. These modern turboprop airplane s will remain in storage or be placed in

storage if prospective operators are required to absorb Part 121 certification and increased

operational costs. The longer these airpla nes sit in storage, the more they will

deteriorate—and the more costly (and imprac ticable) they will be to recommission. Thus,

this fleet of aircraft represents a finite source that will not be endlessly available.

• To take advantage of this valuable res ource, Part 135 as revised to include an 18,000

pound payload standard and incorporate more stringent safety sta ndards, can provide

benefits outlined herein which are commensurate with the cost of adding these aircraft to a

Part 135 certificate and operat ing them. The number of airplanes in the FAR 125 18,000

to 30,000 lb-configured payload group in this proposal is limited and will continue to

decrease over time.

• The cost-benefit balance of the limited increas e in payload capacity proposed by this

proposed rule, weighed against the current cost of initial cer tification and ongoing

operation under FAR 121 clearly favors the pr oposed rule language . The economics of

markets served by these aircraft will not bear the initial certification and continuing

infrastructure costs of FAR 121 (five ve rsus three FAR 119-mandated high-salary

managers, to cite only one example). If FAR 121 is the only op tion, the shipping public

will never see the economic benefits associated with use of the more modern airplanes in

the 7,500 to 18,000 lb design payload category . . . and most airplanes in the 18,000 to

30,000 lb payload configuration group are ineligible for operation under current FAR 121.

• There is a need to provide a home for (a nd avoid shutdown arising from current and

pending enforcement actions against) the limite d number of Part 125 operators and their

fewer than 30 all-cargo airplanes in the 18,000 to 30,000 lb payload capacity range (as

configured). These operators cannot econom ically operate under the "four contract"

standard being imposed by DOT, will not be ab le to do so under Part 125 with revisions

currently envisioned, cannot co mply with existing Part 135 (or an amended Part 135

incorporating an 18,000 lb payload design standard), and cannot tran sition to Part 121.

The few airplanes in the FAR 125 18,000 to 30,000 lb-configured payload group in this

# proposal is limited and will be pha sed out over time by attrition.

• Cargo-only operations under FAR 135 are uniquel y different from passenger service, or

from cargo FAR 121 operations: Many of the fli ghts occur at relatively low-traffic times

of the day; service is provided to smaller co mmunities with smaller airports, flying shorter

airborne legs.

• Current FAR 125 operators coming into FAR 135 become subject to drug and alcohol

testing requirements, which further enhances safety.

• There are already several operators who have demonstrated their ability to conduct safe,

reliable operations under FAR 135 with large ex-regional-airline tur boprops, at their full

maximum takeoff and zero-fuel weight limits, ca rrying fuel instead of payload. However,

their inability to use their airplanes' maxi mum payload capability (on routes where fuel

requirements permit it) damages the economic vi ability of those aircraft, does not serve

the public interest, and does not enhance safety

In short, this proposed proposed rule will grant the air cargo i ndustry access to more modern,

reliable, inherently safer airpla nes, and provide a regulatory alte rnative for a limited number of

larger capacity airplanes currently operating under FAR 125. It will help address capacity issues

currently troubling overn ight package express and air courie r companies, which in turn touch

business, industry, health care, i ndividual citizens, and the economy as a whole. Fewer, larger

airplanes, lighten burdens on the airspace system . More modern, fuel-efficient engines move a

given amount of freight with fewer noise and pollution consequences.

TIMETABLE

If relief were available now to increase payloads for current FAR 135 operators from 7,500 to

18,000 lb, industry would go to work immediately to us e it. A number of ai rcraft that would be

eligible for relief under this proposed rule are currently in operation but economically hobbled by

the 7,500-lb payload restriction. This group is known to include at l east 21 Shorts SD-360s,

seven Embraer EMB-120s, and three SAAB 340s as of this writing. Each of these aircraft types

is penalized by 500 to 1,000 lb of payload under the current rules. A number of operators would

expand their fleets to include ATR- 42 and -72 aircraft, if the relief in this proposed proposed rule

became available. A few FAR 121 operators of th ese aircraft would have the option of changing

to FAR 135 in accordance with this proposed rule.

FAR 135 operators intending to operate airplanes in the 7,500 to 18,000 lb payload category

regard this issue to be urgent

− and more so for current operators of these aircraft

− for practical

and economic reasons. This prompts the need fo r an interim recommendation to proceed by the

most expeditious practicable means to provide th e relief contained in this proposal, prior to

completion of final action by the ARC.

For the Part 125 operators this issu e is also extremely urgent, as many of these operators have had

to limit their revenue flying due to imposition of "four customer" limits by DOT. In several

cases, the companies have ceased operations entirely because this limitation has made their

operation economically unviable. In one case financial pressure forced an operator to park his

newer transport category ai rplane and return to a 60-plus-yea r old Aero Bulletin 7A-certificated

DC-3. Several operators will soon be grounded by the December 31 TCAS rule, because they are

uncertain that they will be allowe d to continue to operate if they make the investment in the new

equipment.

# If the expedited relief proposed by this subpart is not made available, these operators, too, will

disappear

− displacing hundreds of empl oyees. Their airplanes are not eligible for operation

under FAR 121. There is a definite demand for th eir unique services, but timely implementation

of this proposed rule is needed.

In short, time is of the essen ce for both practical and economic reasons, for both the FAR 135 and

125 operators. Expedited relief, available more quickly than will occur in the course of the

normal rulemaking process, is vital.

ADDITIONAL CONSIDERATIONS

An important benefit of a payload increase for FAR 135 is that it would encourage a number of

current FAR 125 commercial operators of large airplanes to convert to FAR 135, and in the

process eliminate issues as to whether their services are prope rly characterized as "private

carriage for hire" or "c ommon carrier" operations

− a distinction which turns upon whether the

operator is holding out to the publ ic (common carrier) or not (pri vate carrier for hire). The

regulatory agencies with jurisdic tion (FAA and DOT) may not agree in all cases as to the proper

application of these concepts. Current Part 125 operators deserv e to be able to understand the

rules, to facilitate their compliance with them.

It is worth repeating that in a separate recomm endation, Part 125 is being revised to clarify what

is (or what is not) "holding out to the public"; however, that recommendation recognizes that

some operators may not be able to oper ate within its "safe harbor" standards

− or those operators’

aircraft, although falling within the 7,500 to 18,000 lb design payload criterion, may not be suited

to operation under FAR 121 from an economic, t echnological, and operati onal standpoint.

As to airplanes in the 18,000 to 30,000 lb configured payload lim it, the Part 125 Applicability

Work Group has recognized that these operators cannot effectively continue within the limits

proposed for all-cargo private carriag e for hire in Part 125 (revised)

− and their (approximately

30) airplanes are ineligible to operate under FAR 121. Accommoda ting these all-cargo operators

under revised Part 135 preserves a class of opera tor whose services are in demand, and at the

same time enhances safety by subjecting their ope rations to the increased safety standards and

surveillance of FAR 135 (revised). In all cases, responding to the shipping public's demands by

providing transportation alternatives furthers the public interest.

Effects on industry and operators have been stat ed above. Although some training burden would

devolve upon the FAA, passenger or cargo operators ar e currently using each of the aircraft types

(including regional turboprops alrea dy mentioned) addressed by this paper; a cadre of inspectors

capable of supporting and providing effective surveillance of thes e operators is thus already

available, and training facilities are available to the FAA as well as the operators. The net effect,

for both the Agency and the operators, involved will be an equivalent (or be tter) level of safety,

improved service, growth opportunities, and sign ificantly reduced long-term administrative

responsibilities compared to similar operations conducted under FAR 121. These benefits will

ultimately accrue to the shipping public.

Transportation Security Administration (TSA) rami fications will be minimal, as most operators

who will utilize this proposed rule are already s ubject to TSA Twelve Five Standard Security

Program (TFSSP) requirements, or are not required to have a program.

In the case of the 7,500 to 18,000 design payload airp lanes, this proposed rule will also harmonize

# “large aircraft” cargo payload limits with DOT's Part 298 definition.

ANCILLARY EFFECTS OF THIS PROPOSED RULE

The main effects of this proposed rule have b een stated above: The public and U.S. business

impact will be improved air cargo capacity, servi ce levels, and pricing. After relatively simple

administrative activity to implement the proposed ru le for operators reques ting it at the district

office level, little change in FAA workload (c ompared to the same operations under FAR 121) is

to be expected. Since these operations are chiefl y within the U.S., no inte rnational consequences

should arise.

An important public policy benefit is that virtually every cargo operator under FAR 135, and

current 125 operators eligible for the FAR 125-to -135 transition, qualify as small businesses, so

this proposed rule has the effect of fosteri ng small business.

ECONOMICS

The economic investment requir ed to implement the limited increase from 7,500 to 18,000 lb

design payload capacity proposed in this proposed rule will be signifi cantly less than that required

to accomplish the same result via FAR 121 certifica tion and operation. For these airplanes, the

chief economic impact of this proposed rule will be availability of more modern, more capable

aircraft without the initial and ongoing economic burden of FAR 121 certification and operation,

which would likely prevent many ot herwise-capable operators from acquiring and operating these

airplanes.

Additional training requirements for both flight a nd maintenance personnel will arise from this

proposal. In terms of flight crew training, cost s will range from as low as $300 per hour to rent

simulator time with the operato rs' own instructors, to more than $10,000 per pilot for fullycontracted-out ground and simulato r training. Maintenance training costs are much more difficult

to quantify, but could be estimated at $500 to $2,000 per person for initial qualification.

Some additional costs will be incurred by retaining/maintaining equipment not normally required

for FAR 135 cargo operations (TCAS, CVR, FDR, IFCS, etc.); these costs are difficult to

estimate and will vary among aircraft types. They are mitigated somewhat by the presence of the

equipment in aircraft removed fr om passenger service, so new inst allations (with their attendant

cost and certification issues) will not be necessary.

Pending and potential enforcement action has alr eady forced some FAR 125 operators out of

business, or required them to significantly truncate their activit y. The 18,000 to 30,000 lb

configured payload category aircra ft are looking at an uncertain future, FAR 121 is simply not an

option for them. Therefore, this proposed s ubpart preserves the economic viability of their

businesses and avoids disruptive consequences for those using their servi ces (notably the auto

industry) who have built thei r "just-in-time" inventory me thods around access to Part 125

operators.

All other economic consequences foreseeable at this time appear positive – long-term reduced

costs to operators and the FAA, a nd improved service to the public.

# UNINTENDED CONSEQUENCES

It has been asserted that allowing FAR 135 ope rators to operate above the current 7,500 lb

payload limit would give them an unfair advantage over existing operato rs who have already

made the investment in time and money for FA R 121 certification. The safety, public interest,

and economic benefits of this proposed rule proposal clearly outwe igh any perception of

unfairness by some operators, most of whom have long since discharged thei r initial costs of FAR

121 certification – obtained, in most cases, in earl ier times when certification costs were much

lower.

This proposed rule would not compel current FAR 121 operators to operate airplanes with

maximum payloads below 18,000 lb under Part 135; such operators may continue to operate

under FAR 121, thus addressing the interest s of certain operators in Alaska.

ADDITIONAL NOTES

Aging aircraft inspections no t required on FAR 135 aircraft: Aging aircraft inspections are

addressed in FAR 135.422 and .423. Complian ce is a requirement for FAR 135.411(a)(2)

operators and required in this proposed proposed rule.

Duty time limitations for maintenance personnel: Not required by FAR 135; current evidence

does not indicate that this is a significant safety i ssue; this subject may be addressed in the FlightDuty-Rest subgroup.

Bulletproof [cockpit] doors, separation fr om cockpit and other "people compartments,"

other security measures: Operators of aircraft subject to this proposed rule will be required to

comply with the TSA's "TFSSP" security progr am. All personnel aboard cargo aircraft are

subject to security screening according to the operators' approved TFSSP – so there is no practical

reason to have bulletproof cockpit doors. We believe this is fundamentally a TSA, not an FAA

issue.

Fire detection and suppression requirements: Aside from a few FAR 125 aircraft eligible for

"grandfather" provisions under this proposed rule, modern aircraft are required to meet fire

detection and suppression requirements (or have "Class E" compartments where fire suppression

systems are not required by FAR 121).

Requirement for GPWS: Not currently required for freight ai rcraft. Some operators (of current

FAR 135 freighters) have elected to provide it. Future regula tions do, or may require it.

Cockpit safety checklist: Currently required by pr ovisions of FAR 135.83.

Personal Breathing Equipment: Smoke masks and walkaround oxygen masks are required by

cargo conversion STC or applicable certification regulations.

Reliability program: Continuing Analysis and Surveill ance programs are required by FAR

135.431, a requirement of FAR 135.411(a)(2) programs, an d required in this pr oposed rule. If the

reference is to "maintenance by reliability" program s, these are optional – not required – for FAR

121 operators.

FAR 119 mandated management personnel:

DIRECTOR OF SAFETY – Not required, but encouraged for FAR 135 operators; some

operators currently have direct ors of safety, or persons with equivalent responsibilities.

CHIEF INSPECTOR – Although not a requ ired position for FAR 135, FAR 135.429 mandates

inspection personnel and functional separation be tween production and inspection activities.

FAR 135.429 is a requirement fo r FAR 135.411(a)(2) operators, and required in this proposed

rule.

# @@

MINORITY POSITION

Submitted by the Air Line Pilots A ssociation, International (ALPA)

November 12, 2004:

ALPA maintains our strong oppos ition to any proposed increa se above the 7,500 pounds useful

payload for cargo-only aircraft operated in FA R Part 135 (APP-32). Furthermore, we oppose an

operational restriction that artif icially limits the payload on ca rgo-only aircraft to the 7,500-pound

weight for the purpose of avoiding the increased margins of safety afforded by FAR Part 121.

These actions result in a reduced level of safety. ALPA’s empha sis is continuing the FAA’s One

Level of Safety program established in 1995.

February 22, 2005 :

While ALPA applauds the opportunity for signifi cant growth in the all cargo commuter segment

of the industry, there are concerns that the pr oposed changes in this recommendation document

encourage a lesser level of safety. The in formation provided to ARC members during the

discussion of proposed rule changes states that the intent is to allow opera tors the capability to

operate and maintain the newer turbo-propeller ai rcraft that are currently not being used and

available to the market. ALPA is not opposed to in corporating these newer ai rcraft into the fleets

of the small cargo operator. However, it is our po sition that aircraft with a useful payload in

excess of 7,500 pounds should continue to comply with Part 121 regulations.

In 1995 “The Commuter Rule” moved passenger commu ter aircraft operations for aircraft having

a seating capacity of more than nine seats fr om Part 135 up to Part 121 regulatory standards.

(Note: Cargo operations for these aircraft were already required to be operated in Part 121.)

Wishing to incorporate the latest in technol ogy and performance, manufacturers designed

commuter aircraft with complexity equal to or gr eater than most of the large transport category

aircraft being operated by today’s Part 121 major airlines. Recognizing that Part 135

requirements were inadequate to ensure an ongoing margin of safety for these aircraft, the FAA

required they be operated under the Part 121 regula tions. This change has been highly successful

in the pursuit of the FAA’s “One Level of Safe ty” throughout the commercial airline industry and

has benefited all parties concerned.

The original certification of these aircraft for passenger service furthe r compelled the FAA to

believe that adequate public safe ty could not be maintained unless operated to Part 121 standards.

Now the industry, through the Regional Air Carg o Carrier Association (RACCA) is contending

that without passengers these same aircraft shou ld be allowed to default back to Part 135

standards. The suggestion that ca rgo and passenger aircraft operati ons are separate and different

is inappropriate. The only fundamental differenc e is the type of revenue, passengers or cargo,

being carried. Most all cargo carriers operate the same type aircraft, in and out of the same

airports and airspace as their pa ssenger counterparts. Cargo aircra ft operate during a broad range

of hours and into more austere and remote enviro nments exposing them to a much higher risk.

With the past and projected growth of the all carg o sector, the belief that public safety concerns

are minimized, with a reconfigur ation to cargo, is out dated.

# Since discussions have begun on this issue, there have been at least 5 major all cargo aircraft

accidents in North America (one MD 10, one B747, and three Convairs).

From 1984 to present, the U.S. National Transp ortation Safety Board ha s conducted at least 38

accident investigations involving car go operators. Those accidents represent more than 170

deaths and more than 60 serious injuries both in the airplane and on the ground. Excluding

ramp, turbulence, and runway incursion events, a recent study of aircraft accidents in the United

States by the Commercial Avia tion Safety Team (CAST) revealed that Cargo Operations

maintain an accident rate 5 times greater than Passenger Operations. FAA statistics between 1994

and 2003 show cargo operations accounted for only 6.3% of total flight departures. When

considering regulatory changes that solely impact the cargo sector , the high accident rate within

relatively low overall system utilizati on cannot continue to be ignored.

ALPA is committed to safety improvements in the all cargo sector. The Association substantiates

this commitment through continued teamwork with agencies and organiza tions around the world

identifying those factors that i ndicate safety compromises. Over the past few decades, cargo

operators have maintained aggressive worl dwide expansion. The Boeing World Air Cargo

Forecast 2000/2001 report validates this by stating; “During the next 20 year s, the freighter fleet

is expected to double” and “it is not surprising that forecasts anticipate the addition of more than

2,600 freighter airplanes by 2019." Th is aggressive growth with th e previously stated accident

probability that is 5 times greater than the passe nger sector clearly predicts the potential for

unsatisfactory safety performance in future ca rgo operations. ALPA belie ves until the cause of

the higher accident rate among cargo aircraft is identified and rectif ied, it would be premature to

move any aircraft types out the enhanced safety structure of Part 121. Additionally, making ANY

changes without due diligence and complete stu dy would further exacerba te an already dismal

safety record.

The following considerations need to be re viewed in the Regional Air Cargo Carrier

Association’s (RACCA) effo rt to justify their proposed regulatory changes.

• This proposed change would group together Part 125 all cargo operators and these

“smaller” former Part 121 aircraft operators in one operating rule.

• RACCA’s statement in this proposal’s request to voluntarily “increas e” these operators is

for operational, economic, and regulator y efficiency and flexibility.

RACCA’s contention this “increase in burden” only applies to approximate ly 30 Part 125 aircraft,

while ALPA contends over 3000 other Part 121 aircraft would potenti ally be allowed to

significantly decrease the safety criteria stipulated by Pa rt 121. ALPA’s assessment of the

RACCA proposal to move these ai rcraft from Part 121 to Part 135 is primarily motivated by their

frustration with the Cer tification, Standardization and Evaluation Team (CSET) in their “quickest

path to revenue”.

In an effort to justify their proposal, RACCA co ntinues to cite the FAA’s CSET process as being

financially burdensome and time consuming. If time and cost issues are the real problem with the

CSET process, then perhaps it is these issues th at need to be correcte d. If properly addressed,

fixing the problems in the CSET process will allo w these aircraft to be safely operated and

maintained under Part 121. This would yield a mo re prudent solution for all, without subjecting

the FAA to an unknown prohibitive level of new regulatory supervision, oversight, and

enforcement. Unfortunately, if this rule change is allowed, significant economic and lack of

personnel burdens will be placed upon the FAA si nce they will now be re quired to implement,

# supervise, and enforce this new program at the National, Regional and local FSDO level.

To date, we are unaware of a ny formal studies that have been completed by industry or

government regarding the financial impact to the public based on what would be required of the

FAA to implement, supervise, and enforce the changes requested in this proposal. While it might

be economically advantageous for some certificate holders, it will be very difficult for the FAA to

significantly increase their pe rsonnel, as they are alrea dy operating under budget and manning

constraints in the current fiscal state of the Federal government.

The safety gained by operating under Part 121, a proven regulatory structure, should not be

compromised by major changes (e.g., economics) that have not been properly studied. Creating

this new undefined level of safe ty in Part 135, without a detailed study of the outcome to industry

and government, could result in unsafe conseque nces. This study is well beyond the scope of the

ARC. Research into the accident rates is being addressed at the highest levels of the FAA, the

NTSB, Safety Foundations, Aviation Organizations and Industry Associations around the world.

These experts need to be allowed to finish their analysis and make their recommendations prior to

any consideration or action on unsubs tantiated economic arguments.

This proposal continues to be presented as a co mbining of the proposal to change Part 125 (APP39) with the RACCA proposal because they state the older aircraft of Part 125 will not be able to

operate in Part 121 they should be placed into Part 135. ALPA disagrees these two documents

(concepts) should be combined since they invo lve separate operations. We understand there are

some of the airplanes flying today under Part 125 that would not be able to meet Part 121

regulations. However, this does not equate to opening up entire fl eets to be moved from Part 121.

These older airplanes curre ntly being flown under the current Part 125 coul d be operated in Part

135 by assignment until they are either no longer ai rworthy or change operating certificate. When

this occurs, the airplanes would lose th eir ability to be operated under Part 135.

Any required change to the Federal Aviation Re gulations (FAR) typically requires that an

“equivalent level of safety” be maintained. Ba sed upon the activities of the cited ongoing studies,

we don’t believe RACCA has conducted or completed a study to ensure an equivalent level of

safety is maintained. RACCA wants to pick and c hoose selected sections of Part 121 as a way to

enhance Part 135 to comply with rather than comply ing with all of the app licable requirements of

Part 121. We agree with the FAA when they ha ve found that picking and choosing isolated

sections from each part to comply with would not provide an equivalent level of safety and

maintains a one level of safety position.

Additionally, early discussions c oncerning this proposal involved the potential of medium to

heavy jets moving their operations from Part 121 to Part 135 using the Supplemental Type

Certificate (STC) process to artificially limit the usef ul load to avoid applicable safety regulations

they require. During the course of the work of the ARC, RACCA’s proposal was discussed as

only pertaining to turbo propeller aircraft; however, this revisi on’s proposed regulatory language

specifies the broader category of airplanes. This includes reci procating and turbine powered

aircraft, turbo-propeller and tur bo-jet. It is conceivable in today’s operating environment for

operators of DC-9 and Boeing 727 airplanes who do not have the need to utilize the maximum

useful load capacity of these airplanes to appl y for and be granted an STC to operate below the

18,000-pound limit. These airplanes would then drop out of Part 121 and into Part 135 where they

were never intended to operate.

In summary, many of the safety, operations, and maintenance requirements under Part 121 will

# not be required under the Part 135 regulations. Furthermore, the tre nd set by this proposed change

does not identify that cost, trai ning and compliance issues required for Part 121 certification of

the CSET process are really the issues that need to be addressed and improved. Reducing the

regulatory requirements due to "economic" concerns should not be a justification to roll back

proven safety standards on a segment of the i ndustry the government already admits it has

difficulty enforcing and overseeing.

ALPA remains opposed to increasing the useful payload in Part 135 from the current 7,500

pounds up to and including 18,000 pounds. The implement ation of this proposal is unacceptable.

Ten years ago the FAA mandated “One Level of Sa fety” for regional aircraft operations elevating

them to Part 121 safety standards. This proposal do es not adhere to this established FAA policy of

“One Level of Safety”. If adopte d, it will create another le vel of safety within the regulations that

allows cargo carriers to operate their aircraft well below the safety level of Part 121. The

airplanes currently being flown under the curr ent Part 125 should be placed into Part 135 until

they are either no longe r airworthy or change operating certificate.

* * *

Recommendation :



# PROPOSED AMENDM ENT TO FAR 135

[Proposed new subpart]

1. APPLICABILITY: This subpart applies to ce rtain all-cargo operation s conducted in aircraft

having a maximum payload capacity in excess of 7,500 lb. and operated in accordance with 14

CFR 135.

2. SPECIFIC CONDITIONS FO R APPROVAL OF INCREASED PAYLOADS: Except as

provided in Paragraph (c) –

(a) Airplanes operated in accordance with this subpart must have a maximum allowable payload

capacity of 18,000 lb or less. Increases of up to five percent above 18,000 may be approved by

the Administrator to account for model variances.

(b) Airplanes operated under this subpart must be certificat ed under Part 25 of the Federal

Aviation Regulations or equivale nt Civil Air Regulations.

(c) Airplanes eligible for operation in accordan ce with this subpart also include those airplanes

configured for all-cargo operations having a ma ximum payload capacity, as configured, between

18,000 pounds and 30,000 pounds which were listed on the op erations specifications of a Part 125

certificate holder on June 25, 2004.

(d) Pilots operating all-cargo airplanes in compliance with this subpart must be trained in

accordance with an approved training program th at meets the requirements of FAR 135 subpart

H. The operator’s training program must inco rporate initial training to meet proficiency

requirements of FAR 135 for pilot crewmembers, using advanced simulation, if approved

aircraft-specific simulators incorporating moti on and visual systems are available in the U.S.

(e) Operators of all-cargo airplanes operated under this subpart must develop and comply with

a maintenance training program applicable to the specific aircraft type, in accordance with FAR

135.433.

(f) All-cargo airplanes ope rated under this subpart must be maintained and inspected in

# accordance with a program acceptable to the Administrator that complies with FAR

135.411(a)(2), and those scheduled maintenance requirements set forth in the Maintenance

Review Board (MRB) report applicable to aircraft in all-cargo configurati on, if an MRB report is

available for that airplane type. If no MRB repor t is available, an equivalent document, provided

by the operator and acceptable to the Administrator, must be utilized

(g) Airplanes operated in accordance with this subpart must be equipped with cockpit voice

recorders. If flight data recorders, electronic flig ht instrument systems, in tegrated flight control

systems, traffic collision avoidance systems, or e quivalent equipment were installed in the aircraft

at the time of manufacture or ma ndated by regulations for aircraft carrying passengers in revenue

operations in effect on [ the effective date of this rule ], these systems will be retained in operative

condition except in accordance with approved Minimum Equipment Lists. 5 

# The requirements of

this subparagraph do not apply to recipr ocating-engine power ed airplanes.

3. An operator eligible to operate under this subp art may elect to operate in accordance with Part

121 of this chapter, rather than this subpart.

PROPOSED ADDITIONAL "PLACE HOLDER" CHANGE TO FAR 135

(X) After [EFFECTIVE DATE OF TH IS SUBPART], each certificate ho lder that conducts cargo

operations within the state of Al aska in aircraft whose payload capacity is more than 7,500 lb.

shall comply with Part 121 of this chapter.

(Y) If authorized by the Administrator upon appl ication, each certificate holder that conducts

operations under this part to which paragraph (X) of this section does not apply, may comply with

Part 135 of this chapter

Steering Committee Review :

There is a strong dissenting view from ALPA. AL PA is opposed to taking the Part 121 turbopropeller (and jet) aircraft out of Part 121 (by increasing the weight from 7,500 to 18k pounds)

and allowing them to operate in Part 135. The moving of Part 125 aircra ft into Part 135 is

separate and distinct from the RACCA proposal . ALPA understands that many of the Part 125

aircraft may not or can not meet the Part 121 airw orthiness or special requirements. We maintain

this is a different group of ai rcraft than the RACCA proposal. ALPA believes RACCA’s primary

motivation is to stay away from the FAA imposed CSET procedure.

Final Action : This document will go to the FAA without consensus. ALPA has submitted an

opposing vote.

Notes: (Endnotes -- see below)1 

## Proposed rule language also provides a five per cent increase above the 18,000 lb. maximum payload "if approved

by the Administrator." This will allow operators access to limited payload increases to account for anticipated small

increases in certificated maximum takeoff weight develope d by manufacturers of aircraft at the upper end of the

payload range.

2 

## These larger, older FAR 125 aircraft, with a cargo payload of more than 18,000 lb up to a maximum of 30,000 lb

are limited in number (fewer that 30 in late 2004 and continuing to decrease) and will be phased out over time

through attrition as their continued operation becomes economi cally unfeasible. The 24 June 2004 date was selected

arbitrarily by ARC committee members to establish a cutoff date beyond which operators could not add aircraft in

this group that would eligible for relief under this "grandfather" feature of the proposed rule.

3 

## A stretched, remanufactured, modernized version of the turboprop Convair 580 (Allison Convair)

4 

## Data provided by airplane manufacturers, their associated leasing entities, and industry data collection enterprises.

Numbers presented are deliberately conservative.

5 

## Minimum Equipment Lists (MELs) are developed by operators from FAA-produced Master MELs (MMELS)

applicable to specific aircraft types or related groups of aircraft, and approved by operators' certificate holding

district offices. MELs are intended to provide controlled, short-term relief from specific equipment requirements so

equipment can be removed for repair, aircraft rotated to stations where repairs can be made, etc.

# 1 RECOMMENDATION DOCUMENT



# Number: Applicability 39

Issue: Private carriage for hire, which will reside under Part 125

(first page previously posted) (see ne w material beginning with “Additional

Background”)

Discussion :

Perpetuate rule

No holding out directly or indirectly, which includes:

* No Advertising, no solicitation

* No Salesperson

* No Brokers (This would not preclude th e operator dealing with an agent of the

customer, provided that the operator signs th e contract directly with the customer.

The operator can not have a broker.) (Contract with agent spelling out that the agent

specifically represents the end user in this contract are permitted.)

...and

- Ops Specs limited to 1 customer per cale ndar year with one specific end user per

calendar year (end user defined as a single entity) with no limitation on hours;

...or

- Ops Specs limited to 4 6 contracts per calendar year (outside of private

operations) per certificate holder (single entity). Private operations (single entity)

include affiliate operations. “Affiliate” is defined as minimu m 40% ownership and

limited to three companies. (Corporate structure concept.) Maximum of 300

revenue hours during the calendar year ( hours for which you are “paid”) per year

outside of private operations per certificate holder.

- Fuel haulers in Alaska are exempt from hour and contract limitations.

Also, orphan aircraft will somehow be accommodated!

OPS and AWG will be populated by Part 125 oper ators and specific meeting times will be set

aside (in consultation with the Chairs). Part 125 will develop two papers APP 41 and APP 42 to

identify the issues. The work will be developed in work groups over next day and before June 1,

2004.

# 2 Additional Background :

A. References

1. Proposal to Upgrade Regulation of Certai n Large General Aviation Airplanes and

replace Commercial Operator and Air Tr avel Club Regulations, Notice No. 79-10, 44

Fed. Reg. 6324 et seq. (November 19, 1979) (hereinafter the “125 NPRM”)

2. Certification and Operations Rules for Certain Large Airplanes; Establishment of Part

[125] and Miscellaneous Amendments to Existing Regulations, New Part 125, 45 Fed.

Reg. 67214 et seq. (October 9, 1980) (her einafter the “125 Final Rule”)

3. AC 120-12A – Private Carriag e vs. Common Carriage of Pe rsons or Property dated

April 24, 1986

4. AC 125-1 – Operations of Large Airplane s subject to Federal Aviation Regulation

Part 125 dated January 22, 1981

B. Expanded Statement of the Issue : Whether and under what conditions should private

carriage for hire passenger and cargo operations be retained under Part 125. A principal

related issue is whether an objective standard can and should be developed to determine

that an operator is not “holding out” by gain ing a reputation for willingness to serve the

traveling public or shippi ng public indiscriminately.

C. Objective : To retain Part 125 for “non-common carriage” operations as defined in

119.3(a) (to be re-defined per th is proposal as “private carriag e for hire”) and provide an

objective standard for a Part 125 certificate holder to determine that it is not “holding out

by reputation.” A related objective is to pr ovide relief for thos e Part 125 certificate

holders which cannot take advantage of the “safe harbor” recommended herein for private

carriage for hire operations, and whose ai rcraft cannot technically or economically

transition to Part 121 and/or Pa rt 135 (as these parts may be amended as a result of this

ARC, including a proposal to increase th e maximum payload capacity for all cargo

operations to 18,000 pounds); this relief is limited to t hose aircraft having payload

capacity not greater than 30,000 lbs, as c onfigured, and listed on the affected 125

certificate holder’s Ops Specs (by serial num ber) as of June 24, 2004. which aircraft shall

be operated under the on-demand rules of Pa rt 135 in cargo only operations. From a

timing standpoint, the objectiv e is to adopt this recomme ndation on a fast track basis

through an appropriate FAA process.

D. Current Regulations

1. Section 119.23 provide s in pertinent part:

“ 119.23 Operators engaged in passenger-carry ing operations, cargo operations or both

with airplanes when common carriage is not involved. ”

“(d) Each person who conducts operations when common carriage is not involved

with airplanes having a passenger-seat conf iguration of 20 seats or more . . . or

# 3 a payload capacity of 6,000 pounds or more shall, unless deviation authority is

issued—

(1) Comply with the certification and op erations specifications requirements of

Part 125 of this chapter;

(2) Conduct its operations with those airplanes in accordance with the

requirements of Part 125 of this chapter; and

* * * * *

2. §119.3(a) provides in pertinent part:

“ §119.3. Definitions . For the purpose of subchapter G of this chapter, the term—

“When common carriage is not involved or operations not involving common

carriage means any of the following:

(1) Noncommon carriage:

* * * * *

“ Noncommon carriage means aircraft operations fo r compensation or hire that does

not involve a holding out to others.” (Emphasis supplied)

3. §125.1 provides in pertinent part:

“§125.1 Applicability

“(a) Except as provided in paragraphs (b), (c), and (d) of this section, this part

prescribes rules governing the operations of U.S.-registered civil airplanes which have

a seating configuration of 20 or more passengers or a maximum payload capacity of

6,000 pounds or more when commo n carriage is not involved .” (Emphasis supplied)

4. Section 125.11 provides in pertinent part that

“§125.11 Certification eligibilit y and prohibited operations

“(b) No certificate holder may conduct a ny operation which results directly or

indirectly from any person’s holding out to the public to furnish transportation”

E. Proposed Amendments to Accomplish Objective : To achieve the above objective, parts

119 and 125 shall be amended as follows:

1. Revise the title of Part 125 to read as follows:

“Part 125—Private Carriage for Hire and Miscellaneous Amendments: Certification

and Operations of Airplanes having a Seati ng Capacity of 20 or more Passengers or a

# 4 Maximum Payload Capacity of 6,000 pounds or more and Rules to Governing Persons

on Board Such Aircraft”

2. Amend §119.3(a) as follows:

“(d) Strike “ Noncommon Carriage ” and substitute “ Private Carriage for Hire ” in

subparagraph (1) of the definition of “ When common carriage is not involved or

operations not involving common carriage. ”

“(e) Re-title “ Noncommon carriage ” in §119.3(a) to read “ Private Carriage for hire ”

and define “ Private Carriage for hire ” to mean “. . . an aircraft operation

carrying passengers or cargo or both for compensation or hire that does not

involve, directly or indirectly, a holding out to the public to furnish

transportation.”

3. Amend §125.1 by striking “when common carriag e is not involved” and inserting “in

private carriage for hire and private carriag e of petroleum and pe troleum products in

the State of Alaska.”

4. Strike §125.1(a)(4) 125.1(b)(5) (Technical Correction to paragraph reference based on

June 30 E-mail from Garofalo) and substitute “[Reserved]”

5. Amend §125.9 by adding the following Pa ragraph (e) at the end thereof:

“(e) For purposes of this part

(1) “ Private carriage for hire ” shall have the same meaning as defined in [new]

§119.3(a).

(2) A “ holding out by reputation ” means gaining a reputation for a willingness to

serve the traveling or shipping public, or a segment thereof, on an

indiscriminate basis.

(3) An “ affiliate of the certificate holder ” means a company that, directly or

indirectly, through one or mo re intermediaries, controls , is controlled by, or

under common control with, th e certificate holder. The holding of at least

forty percent (40%) of the equity an d forty percent (40%) of the voting

power of an entity will be presumed to constitute control for purposes of

determining an affiliation under this Part.

(4) “ Revenue hour ” shall mean hours when revenue passenger and/or revenue

cargo are on board. Hours associated with ferry flights, positioning flights,

de-positioning flights and maintenan ce flights when no revenue passengers

are on board are not “revenue hours.”

6. Amend paragraph (b) of §125.11 to read as follows:

“(b) Except as provided in §125.1(b) or as otherwise aut horized under §125.3, a

# 5 certificate holder may not conduct any ope ration under the rule s of this part

other than private carriage for hire. A certificate holde r is not conducting private

carriage for hire operations if, for compen sation or hire, it is holding out, directly

or indirectly, to the public to furnis h transportation indiscriminately.”

7. Amend §125.11 to add a new paragr aph (d) at the end thereof:

“(d) A certificate holder is “hol ding out directly or indirec tly to the public to furnish

transportation indiscriminately” if—

(1) It is advertising its transportati on services to the public or is actively

soliciting passengers or cargo customer s through its own salesperson(s) or

through a broker or other intermediary which itself is advertising and

soliciting passenger or cargo traffic from the public, provided that , a

certificate holder may do business with a broker or other intermediary if (i)

such broker or intermediary acts as an agent for the customer; (ii) the

certificate holder contracts directly w ith the customer or with the agent

having authority to sign contracts on be half of the customer, and (iii) the

number of contracts do not result in a holding out by reputation under

subparagraph (2).

(2) It is holding out by reputation, provided that a certificate holder shall not

be deemed to be holding out by reputation under this subparagraph if—

(i) Within any calendar year period it ha s entered into not more than four

(4) transportation contracts, provided that the maximum number of

revenue hours relating to such contra cts, in the aggregate, shall not

exceed 300, and provided further that no revenue hour limitation shall

apply to transportation contracts with not more than three (3) affiliates

of the certificate holder or to co ntracts for the transportation of

petroleum and petroleum products in the State of Alaska on a private

carriage for hire basis, or

(ii) Within any calendar year it has entered into not more than one (1)

transportation contract with a speci fic passenger or cargo customer in

which case no revenue hour limitation shall apply.

8. Amend Paragraph (b) of §125.31 by re-designa ting subparagraph (6) as subparagraph

(7) and adding a new paragraph (6) to read as follows:

“(6) A list of the current c ontract or contracts subject to (i) the 300 revenue hour

limitation in [new] §125.11(d )(2)(i), (ii) the single customer limitation in

§125.11(d)(2)(ii), and (iii) the three (3) contract limitati on for contracts with an

affiliate of the certificat e holder in §125.11(d)(2)(i), provided that the certificate

holder may keep the current list of contract s at its principal base of operation or

other location approved by the Administra tor and referenced in its operations

specifications. Each certificate holder shal l make this list of contracts and the

contracts themselves available fo r inspection by the Administrator.

# 6 Recommendation :

Adopt the proposed amendments to Parts 119 and 125 on a fast track basis through an

appropriate FAA process to retain Part 125 and eliminat e the grey areas governing private

carriage for hire operations under Part 125. Th is recommendation also contemplates (a)

enhancing the safety standards in Part 125 by in corporating appropriate provisions of Part 121

(applicable to supplemental air carriers) and Part 135 (currently being considered by the

Operations Working Group), (b) conforming F AA guidance materials, including guidance

relating to the “safe harbors” created by the proposed amendm ents to avoid “holding out by

reputation,” and (c) developing to permit continuation of operations by certain Part 125 all cargo

operators under an amended Part 135, limite d to aircraft specified in paragraph C which operators

cannot comply with either an amended Part 125, as proposed herein, or existing Part 135, or

transition to Part 121 rules, as may be amended through the ARC process.

Justification for Recommendation :

Part 125 was adopted over 23 1⁄2 years ago. The FAA’s stated purpose was to “establish a

uniform set of certification and operation rules for large airplanes having a seating capacity of 20

or more passengers and a maximum payload cap acity of 6,000 pounds or more” (125 Final Rule)

with safety standards appropriate to the size and complexity of thes e airplanes. The rule applied

to the use and operation of th ese airplanes “for any purpose other than common carriage” (125

Final Rule). This embraced “private carriag e,” i.e. passenger and cargo operations where no

charge or fee is involved as well as “private carriage for hire” where passengers and cargo are

transported on a commercial basis (i.e. for comp ensation and hire) without any “holding out” of

such service to the general public.

As a general proposition, a Part 125 operat or cannot “hold out” its services through

advertising, solicitation, and use of brochures or by reputation. In the event of a “holding out”

the resulting commercial operations would be considered “common carriage” subject to the

certification and operational rules of Part 121 (and, in certain cases Part 135) and subject to the

certification requirements of the Department of Transportation which would undertake a fitness

review—i.e. an examination of the operat or’s management, operational and financial

qualifications and its compliance disposition.

As the agency gained experience with Part 125, it issued deviations in appropriate cases to

authorize “private carriag e” operations with Part 125 size airplanes. In fact the FAA’s deviation

policy for private carriage has now become the ru le rather than the exception with no adverse

safety consequences. As a result, the ARC is recommending that “private carriage” operations

with Part 125 size airplanes be removed from Part 125 and regulated under enhanced safety

standards in Part 91.

Private carriage for hire operations have continued to be regulated under Part 125.

Moreover, since the adoption of Part 125, the de mand for the specialized services of these

operators has grown among sports teams and entertainment groups. Also, the distribution system

for automotive parts—which are a major source of business for the Part 125 all-cargo operators—

has changed. Whereas, in the past, the autom obile manufacturers were limited in number and

dealt directly with Part 125 opera tors, today the transportation of auto parts is arranged through

intermediaries a/k/a logistics companies acting on behalf of an increased number of automobile

# 7 manufacturers. These marketplace developments have resulted in a heightened interest among

the regulators and the Part 121 common carrier community over the limits of private carriage for

hire and when, if even, an operator crosses the li ne into common carriage.

What constitutes “private carriage for hi re” versus “common carri age” (or “holding out”)

has been, and still is, one of th e more confusing and misunderst ood concepts in aviation law.

There is no bright line test for making this dist inction which has made it especially difficult for

Part 125 operators to determine whether they are “holding out by reput ation.” Within the

aviation industry there is a disagreement: Part 121 operators disagree with Part 125 operators on

whether the latter are “holding out” thereby encroaching upon the 121 operators’ domain. In fact,

the confusion within the industry has, at times, b een shared by the FAA and DOT.

While the FAA has attempted to clarify the concept of private carriage for hire, its wellintentioned efforts have adde d to the confusion. For example, AC 120-12A, on page 4,

establishes the general principle that “private ca rriage for hire is carri age for one or several

selected customers, generally on a long term basi s,” where the “number of contracts must not be

too great, otherwise it implies a willingness to make a contract with anybody.” The AC goes on

to state that three (3) contracts is probably perm issible which would result in avoiding a “holding

out by reputation” whereas 18 to 24 contracts is impermissible and would result in common

carrier status. From the opera tor’s standpoint the gap between 3 contracts and 18 contracts is

gaping, and it should not have to con duct business in this “grey area.”

What has brought this matter to a head is th at over the past 2 years, DOT has initiated

several investigations of Part 125 operators which DOT believes are “holding out” and have

crossed the line between private carriage for hire and common carri age. The principal segments

of the Part 125 community that have been the su bject of these investigations are the automotive

parts operators and the Part 125 operators carrying sports te ams and entertainment groups.

As a result of this confusion as well as DOT’s enforcement efforts the Applicability

Working Group has reached consensus on a proposal th at would inject a degree of objectivity into

what is a permissible Part 125 pr ivate carriage for hire operation as distinguished from a “holding

out.” The focus has been on (i) avoiding a “holding out by reputation,” and (ii) the use of brokers

to arrange transportation of auto parts, both of wh ich seem to be the most pressing issues for the

Part 125 operators as well as the regulators. 1



# This proposal addresses the “hol ding out by reputation” dilemma by—

(1) Defining “Private Carriage for Hire” and “ holding out by reputation” to provide an

appropriate frame of reference for Part 125 certificate holders to conduct business.

(2) Within the above frame of reference, deve loping “safe harbors” for operations that

would not be deemed to have resulted from or considered “holdi ng out by reputation”

and, therefore, would constitute la wful private carriage for hire.

(3) The safe harbor would permit up to four (4) written contracts in a calendar year

subject to a 300-hour limitation in the aggregate for such contracts.

1 

## “Holding out” through advertising and/or direct solicitation normally does not fall into a regulatory grey area.

# 8 (4) Another safe harbor would be created for written contracts with up to three (3)

affiliates of the Part 125 operator. The aff iliate contracts would not be subject to the

300-hour limitation. While “affiliates” has been broadly defined—borrowing from the

definition of “Affiliate of a program manage r” in the Subpart K fractional ownership

rules (§91.1001(b)(1))—the number of affiliate s in the Part 125 safe harbor rule has

been capped at three (3) per calendar year.

(5) Part 125 operators which intend to limit th eir operations to a si ngle written contract

would not be subject to any hour limitation and could have up to 3 affiliate contracts

as defined in (4)

.

(6) In recognition of Alaska’s traditional depe ndence on air service especially to transport

fuel to the outlying villages, those Part 125 operators hauling fuel for third parties

within the State of Alaska would not be subject to any hourly limitation on such

operations.

(7) Accomplish items (1) through (6) on a fast track basis through an appropriate FAA

rulemaking process.

This proposal contemplates all cargo operations under an amended Part 135 of aircraft having a

maximum payload capacity, as configured, of 30,000 lb s or less listed on the operator’s Part 125

Ops Specs on June 24, 2004. The objective is to pr ovide limited relief through an appropriate

SFAR for existing all cargo Part 125 certificate holders as explaine d above with the expectation

that such aircraft will be pha sed out over time. The applicab ility working group has identified

approximately 30 all cargo aircraft will fall within this SFAR.

This proposal also addresses the “broker” issue which arises mainly in the transportation

of automotive cargo where, as previously mentioned, logistics companies arrange the

transportation on behalf of the customers, incl uding the auto manufacturers. The proposed

amendments permit a Part 125 cert ificate holder to do business w ith an intermediary if such

intermediary acts as an agent for the customer, a nd the Part 125 operator c ontracts directly with

the customer or with the agent if it has authority to sign the contract on behalf of the customer.

Here, of course, the number of customer contracts would be limited to take advantage of the safe

harbor rules discussed above.

The proposed rule also contemplates that th e safety standards in existing Part 125 will be

enhanced by incorporating appr opriate provisions of Part 121 applicable to Supplemental Air

Carriers and Part 135. These standards are the subj ect of separate papers being generated by the

Operations Working Group.

The decision to retain Part 125 for private ca rriage for hire operations with large (20 seats

or more/6,000 pound payload or more) was thoroughl y vetted, including a special break-out

session of the Applicabil ity Working Group to consider this precise question. This decision

recognizes that private carriage for hire, albeit a niche form of commerci al air service, has a

valuable role in the marketplace, and there is no safety-related reason to do away with Part 125.

Alternatives considered were rescindi ng Part 125 and regulating the commercial

# 9 operations permitted by Part 125 under a separate s ubpart of Part 135. However this alternative

was rejected as exalting form over substance, because the main issue of what constitutes “private

carriage for hire” and/or “hol ding out by reputation” would re main. Another alternative

considered regulating existing Pa rt 125 operations under Part 121. This alternative was rejected

because certain Part 125 operators have a busin ess model based on private carriage for hire

operations and do not want—or need—the ability to “hold out” their services to the public as a

common carrier with the attendan t administrative and cost burde ns associated with Part 121

certification and regulation as well as DOT certif ication. Thus it was determined that these

operators should not be compelled to change th eir business model based solely on regulatory, non

safety-related, concerns.

As noted above, i t is recognized that some Part 125 ope rators may not be able to operate

within the safe harbors created by this proposal. Moreover from a technological, operational and

economic standpoint their aircraft may not be suitable for opera tions under Part 121. A possible

alternative for Part 125 all-cargo operators only may be certificati on under Part 135 in the event

that the maximum payload limit is increased from 7,500 pounds to 18,000 pounds as is being

proposed in this ARC. Another Part 125 alte rnative is provided through the SFAR process

described above for certain all cargo aircraft, which are expected to be phased out over time.

Finally during the deliberations on this propos al the Department’s re presentatives pointed

out that, while there is no express U.S. citizenship requirement for Part 125 certificate holders in

Parts 119 or 125, the governing statute admini stered by DOT, 49 U.S.C. §41701(c) and DOT

regulation, §375.25, would, inter alia , prohibit private carriage for hire operations with “foreign

civil aircraft” between two (2) U.S. points (i .e. cabotage) and require licensing for such

operations to/from the U.S. A “foreign civil airc raft” is defined in §375.1 of DOT’s regulations

to include any “U.S.-registered airc raft owned, controlled or operated by persons who are not

citizens or permanent residents of the United Stat es.” (Emphasis supplied.) As such the DOT

representative cautioned that if a Part 125 certificate holder did not qualify as a U.S. citizen as

defined in 49 U.S.C. §40102(a)(15) as am ended by Vision 100 – Century of Aviation

Reauthorization Act, Pub. L. 108-176, §807, 117 st at. 2490 (Dec. 12, 2003), its U.S.-registered

aircraft would be considered a fo reign civil aircraft a nd private carriage for hire operations (as

well as common carrier operations) performed with aircraft domestically would be prohibited as

cabotage, and such operati ons to/from the U.S. w ould require DOT licensing.

Steering Committee Review : ALPA would like it recognized that, while they agree to this

concept for Part 125 Private Carriage for Hire oper ations, that does not mean that they agree to

any other changes [specifically the raised ca rgo payload] indirectly. The Steering Committee

recognizes that ALPA has not ag ree to other changes due to th eir approval of this document.

Final Action : Approved by full consensus

Notes:

# 10

# Number: Applicability 39 – proposed

Amendments to Part 125 Safety Standards

Issue: Private carriage for hire, which will reside under Part 125

Executive Summary

Questions regarding the viabi lity of FAR Part 125 operations were attached to the 135

ARC due to lack of standardization and definition of Private Carriage for Hire.

Operators, their customers and regulators ha ve been confused regarding the scope of

permissible Private Carriage activity as c ontrasted with Common Carriage. Typical

Private Carriage operations are unique in th eir mission and aircraft configuration and

operate in small niche markets. Since the in ception of Part 125 thes e certificate holders

have experienced an exemplary safety reco rd nearly unmatched in aviation history.

Developing new regulations in FAR 135 or 121 Supplemental would require duplication

of unnecessary efforts. The retention of FAR 125 for the continuation of Private

Carriage for Hire activities has provided a l ogical starting point for operator safe harbors

which will now determine permissible scope of these operations as well as defining what

is not holding out, either by reputatio n or course of conduct.

Discussion:

The approval of Recommendation Document “Applicability 39” contemplated “that the

safety standards in existing Part 125 will be enhanced by incorporating provisions of Part

121 available to supplemental air carriers a nd Part 135.” The following are the safety

enhancements to Part 125, which the App licability Working Group (AWG) believes are

appropriate. It is noteworthy that the safety record for Pa rt 125 operations is exemplary

(no fatal accidents have occurred since th e inception of Part 125). Moreover these

changes reflect a “practice to rule” concept si milar to the regulatory approach, which led

to the adoption of subpart K and the related amendments to Part 135.

1. Reference: section 125.3 , Deviation Authority.

Section 125.3 has been retained with th e understanding that (i) deviations will

be limited to “specified sections,” as stated in section125.3 (b), and (ii) this

provision, as a matter of policy, will not be used for full deviation from Part

125 in order to operate under Part 91. In furtherance of this expectation, it is

recommended that:

“Paragraph (b) (5) of section 125.1 shall be deleted.”

Cost Impact: Neutral

2. Reference: Required Management Personnel

Paragraph (a) of section 125.25 shall be amended by inserting “and director of

maintenance” between “director of operations” and the “,”.

Rationale: Current Part 125 operations require a director of operations who may

also serve in the dual role of director of maintenance. The AWG believes that the

# Page Two

August 24, 2004

Part 125 Safety Enhancements

addition of a director of maintenance-- even for a single aircraft operation-- is

appropriate and will enhance safety.

Cost Impact: Addition of Director of Maintenance anticipated to cost $100,000.00

USD including benefit and initial training.

3. Reference “new” section 125.402—Retention of Contracts

Adopt a new 125.402 to read as follows:

“the contracts referred to in section 125.31(b)(6) shall be retained for 12

calendar months after the current calendar year”.

Rationale : This will facilitate inspection and enforcement of the “safe harbor”

provisions in revised Part 125 relating to the number of contracts and limitations

thereon.

Cost Impact: Administrated expens es estimated at $200.00 USD per year.

4. Reference: Oxygen Use Require ments for Crew and Passengers

a. For crewmembers, add a new section 125.335, “Pilot Requirements:

Use of Oxygen”, which will include the content of section 135.89 and

the amendments proposed in Ops 27.

Rationale : FAR Part 125 is silent on this subj ect. This new requirement is similar

to provisions of Parts 121 and/or 135, which the “AWG believes are appropriate

and will enhance safety.

Cost Impact: None anticipated since this change is essential a practice to rule.

5. Reference: Oxygen Equipment Requirements

Add new section 125.229 which will inco rporate and restate in this new

section, the provision s of section 135.157.

Rationale: Same as (4) above.

Cost Impact: None anticipated because in the current operating environment in

passenger and cargo operations will represent a practice to rule.

6. Reference: Flight Crewmember Requirements

# Page Three

August 24, 2004

Part 125 Safety Enhancements

Adopt a new section 125.309, which will incorporate and restate in this new

section the provisions of section 121.542.

NOTE 1: THE FOLLOWING CLARIFICATION WAS PROVIDED BY ALPA

TO BETTER CLARIFY THE REGULATORY REFERENCE.:

Subpart M of Part 121 (.381 to .387) deals with the flight crewmember requirements.[...]

I'm not sure which of the Para's in this section is being referenced for the text.

Without the details, I would think 121.385 (see below) is what you're looking for.

§ 121.385 Composition of flight crew.

(a) No certificate holder may opera te an airplane with less th an the minimum flight crew

in the airworthiness certificat e or the airplane Flight Ma nual approved for that type

airplane and required by this part fo r 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) The minimum pilot crew is two pilots a nd the certificate holder shall designate one

pilot as pilot in command and the other second in command.

(d) On each flight requiring a flight engineer at least one flight crewmember, other than

the flight engineer, must be qualified to pr ovide 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.

[Doc. No. 6258, 29 FR 19212, Dec. 31, 1964, as amended by Amdt. 121-178, 47 FR

13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996; Amdt. 121-256, 61 FR

30434, June 14, 1996, as corrected at 61 FR 35628, July 8, 1996, was Amdt. 121-259]

END NOTE.

Rationale: Same as (4) above.

Cost Impact: Neutral

7. Reference: Aircraft Security

Adopt a new section 125.55 which will incorporate and restate in this new

section, the provision s of section 121. 538

.

Rationale: Same as (4) above.

Cost Impact: Neutral since TSA has occupi ed this field and a ny cost impact will

be attributed to TSA, not FAA requirements.

# 8. Reference: Responsibilit y for Operational Control

Adopt a new section 125.307, which will incorporate and restate in this new

section, the provisions of section 135.77, except change the reference to “section

135.21” to “section 125.73(a).”

Rationale: Same as (4) above.

Cost Impact: Changes to manuals es timated at $500.00 USD and administrated

expenses.

9. Reference: Emergency Equipment

Adopt a new section 125.209, which will incorporate and restate in this new

section, the provision s of section 121.339.

Rationale: Same as (4) above.

Cost Impact: Cost neutral as su ch equipment is already required.

10. Reference: New Section—E mergency Flotation Means

Adopt a new section 125.210, entitled “Eme rgency Floatation Means”, which will

incorporate and restate in this new section the provisions of section 121.340,

except the reference to “section 121.3 39 (a)(1)” shall r ead: “section 125.209

(a)(1).”

Cost Impact: Cost neutral

Page Four

August 24, 2004

Part 125 Safety Enhancements

11. Reference: Flight Release Under IFR and Over the Top

Change section 125.361 to enable the initiati on of a flight to a destination airport

without approved weather reporting, so l ong as the designated alternate airport

has approved weather reporting meeting the appropriate criteria in accordance

with section 91.1039.

Amend section 125.361 by striking “Except as provided in section 125.363” and

inserting “Except as provided in para graph (b) below and section 125.363.” Add

a new paragraph (b) which will incorporat e and restate in that paragraph the

provisions of paragraph (a) (1) and (b) of 91.1039.

Rationale : Same as (4) above.

Cost Impact: Anticipate requirement for manual changes costing approximately

$500.00 USD.

# 12. Reference: Drug a nd Alcohol Provisions

The AWG recommends incorporating the drug and alcohol tes ting provisions of

Parts 121 & 135, but recognized there may be a threshold legal issue as to

whether the Federal Aviation Administrati on has the statutory authority to impose

the drug and alcohol testing requirements on a Part 125 private carrier for hire. In

lieu of drug and alcohol testing, th e AWG recommends incorporating and

restating in a new section 125.299, the drug and alcohol misuse education

program provisions of section 91.1047.

Rationale: Same as (4) above.

Cost Impact: Assuming a statuory cha nge anticipated costs is $2500.00 USD for

a typical operation with 15 covered employees.

13. Reference: Operating Experience

Add a new section 125.284 to incorporate and restate in this new section 125.284

the provisions of section 135.244, except that (i) the reference to paragraph (a) to

“commuter operations” and “Part 119” and (i i paragraph (b) (2) shall be deleted,

and the reference to “a qualified check pilo t” in paragraph (b) (3) shall be changed

to “current and qualified pilot in command”.

Rationale: Same as (4) above.

Cost Impact: For a typical passenger or cargo operation with one or two airplanes

and 10-15 employees anticipated expe nse for substituting a none /salaried

qualified PIC for an SIC to gain IOE is $3500.00 USD annually.

Page Five

August 24, 2004

Part 125 Safety Enhancements

14. Reference: Flight, Duty and Rest Requirements

Incorporate the provisio ns of 135.267 & 135.269 as applicable for flight crew

members and 135.273 (a), (b) as applicable for flight attendants.

Rationale: Same as (4).

Cost Impact: Defer pending review of flight and duty summit results.

15. Reference: Training

Add a new Subpart M in Part 125 to incorporate and restate the substance of

Subpart H of Part 135. The AWG re serves the right to review the

recommendations of the Training Work Group in this area.

Rationale: Same as (4) above.

# Cost Impact: Passenger: Practice to rule . Cargo: Practice to rule. Training

Manual: $2,500.00 USD.

16. Reference: Initial and Recurr ent Pilot Testing Requirements

Substitute section 135.293—Initial and R ecurrent Pilot Testing Requirements--

for section 125.287; substitute section 135.297 – Pilot in Command Instrument

Proficiency Check required-- for sec tion 125.291. Also amend section 125.291

by adding a paragraph (h) to permit accepta nce of instrument proficiency checks

in the same aircraft type under Pa rts 135 and 121 as fulfilling instrument

proficiency checks under section 125.291.

Rationale: Same as (4) above.

Cost Impact: To be determined.

# RECOMMENDATION DOCUMENT

Number: Applicability 41

Issue : “Flight Department Companies” — Appr opriate regulation of flight departments

companies with respect to § 91.501

Discussion :

1. Introduction

Section 91.501 currently provides (so long as common carriage is not involved) several

different limited cost-sharing exemptions from the general rule that operations involving cost

reimbursement must be conducted under one of th e commercial parts of the federal aviation

regulations. Originally promulga ted in the early 1970’s, this ru le has proven to be extremely

beneficial to the appropriate development of bus iness and personal aviation in the United States

without negatively affecting the sa fety of those operations. That being said, significant changes

in basic US corporate practices and law over the last thirty years, as well as a great deal of

misunderstanding and technical non-compliance with this rule (sometimes purposefully, but by

most accounts almost always inadvertent), has lead to the point that it is now appropriate to reevaluate the rule and create two additional type s of permitted but narrowly-confined cost-sharing

operations that will more closely align the rule with modern busin ess practices without sacrificing

in any way the safety of these aircraft operations.

2. Background

In October of 1971 the FAA issued a notice of proposed rule making seeking to analyze

the appropriateness of “amending Part 91 of the Federal Aviation Regulations by adding a new

Subpart [F] containing general ope rating rules and an inspection program for large and turbinepowered multiengine airplanes.” 36 F.R. 19507. There were several factors that triggered this

analysis, including the FAA’s recent rulemaking regarding the definition of a “Commercial

Operator” (and the commentary that effort recei ved), as well as a special task force report

addressing the fatal accident in the fall of 1970 of a charter flight carrying a college football team.

Id. Quoting directly from this report, the FAA noted that the ta sk force urged the Administrator

to:

promulgate a new Part of the Fede ral Aviation Regulations governing the

operations of all (a) large airplanes, (b ) pressurized airplanes, and (c) turbine

powered airplanes, engaged in private ca rriage. This regula tion should provide

that those airplanes be operated and main tained in the condition for safe operation

appropriate for transport ca tegory airplanes. The re gulations should include

requirements for crew proficiency, opera tions, and continued airworthiness

consistent with the terms of original airworthiness certification of transport

airplanes. It should be written so as to provide a level of safety comparable to

FAR 121, but without the detailed admini strative, financial and organizational

# requirements for the issuance of a commerc ial operator certificate prescribed in

that Part. This new Part should be written in such a way that it provides the

flexibility necessary for the operation and maintenance of the individual airplane.

Upon implementing the requirement that all large airplanes, pressurized

airplanes, and turbine-powered airplanes be raised to an acceptable level of safety,

commercial operator certification should no longer be required. The regulation

should then require that only scheduled a nd supplemental air carriers engaged in

common carriage will be governed by FA R 121 and meet the highest possible

degree of safety as required by section 601( b) of the Federal Aviation Act of 1958.

Operators of large or complex airplane s engaged in privat e carriage should no

longer be burdened with economic requireme nts, but could continue to meet under

the new Part an acceptable level of safet y. FAA field inspectors would no longer

be required to make an economic determin ation of what constitutes operation “for

compensation or hire.”

36 F.R. 19507-19508.

The rule the FAA then proposed in its notice generally followed the guidelines laid forth

in the task force’s report, creating several exem ptions from the general rule that where costsharing was occurring for the ow nership and operation of these aircraft, those operations would

have to be operated pursuant to one of the commercial operating parts. Specifically, the proposed

rule would create exemptions fo r limited permitted cost sharing related to the use of business

aircraft by companies and certain of their affiliates with regard to their business operations, the

operation of aircraft by their join t registered owners, demonstrati on flights in anticipation of the

sale or lease of the aircraft, ti me sharing of the aircraft, and th e interchange of aircraft by two

separate aircraft owners and operators. The perm itted cost sharing was not allowed to exceed the

fully allocated costs of owning and operating th e aircraft, and reimbursement for time sharing,

demonstration and cargo-only flights was further limited to specific expenses listed in the

proposed rule (i.e. landing fees, fu el, etc.), in order to help assure that su ch operations would not

be conducted with an unde rlying profit motive in mind.

When setting forth the FAA’s then current policies in order to assist in the commentary

the agency was seeking on the new proposed rule, th e FAA observed in part th at it “has also held

that a subsidiary corporation may not lease an airc raft with crew to its parent corporation, even

though the actual operating expenses of the flight are the only charges made. With the growth of

the conglomerates and the use of various le gal artifices to provi de transportation for

compensation this policy is becomi ng increasingly difficult to apply. Safety wise, neither the

relationship of the corporations nor the type of compensation received fo r the services rendered

should be relevant or controlling for such operations .” 36 F.R. 19509 (emphasis supplied). With

these and similar observations in mind, the FAA th en put forth the first version of what it

proposed would eventually become the ne w Subpart F to Part 91 of the FARs. Id. At 19509-

19515.

By July of 1972 the FAA had received signifi cant commentary on its new proposed rule,

and, taking this commentary and its own analysis in to account, then issued the final form of the

# new Subpart [F]. 37 F.R. 14758. This new rule did provide for the cost -sharing exemptions

mentioned above, namely those related to a ffiliated groups, joint registered ownership,

demonstration flights, time sharing and interchange agreements. With respect to the affiliated

groups exemption, however, and despite observing in its original notice that “[s]afety wise,

neither the relationship of the corporations nor th e type of compensation received for the services

rendered should be relevant or controlling for such operations,” the agency specifically noted

“that if a corporation is established solely for th e purpose of providing tran sportation to the parent

corporation, a subsidiary, or othe r corporation, the foregoing policy does not apply. In that case,

the primary business of the corporation operating th e airplane is transportation and the carriage of

persons of goods for any other corporation, for a fee or charge of any kind, would require the

corporation operating the airplane to hold a commercial operator certificate under Part 121 or

135, as appropriate.” 37 F.R. 14759. As time went on, such corporations created to solely own

and operate an aircraft for the benefit of their affiliates came to be commonly referred to by the

FAA’s Chief Counsel’s office, and the industry in general, as “flight department companies.”

Moreover, the FAA did not specifically define wh at would constitute an “affiliate” for purposes

of evaluating which related entities would be included under 91.501(b)(5), such that companies

with less than fifty-percent owne rship in a subsidiary, for exampl e, could be considered an

affiliate for the purposes of the rule. With all of this in mind, under the rule as promulgated, a

company that was not a flight department company could take advantage of the full range of other

exemptions, e.g., time sharing and interchange, th at were created by the new rule, so long as

common carriage was not involved.

3. Significant Changes in Corporate La w and Aircraft Ownership Practices

Although the FAA’s policy with re spect to flight department companies may have been a

reasonable position to prevent abuse of the exemptions provided in Subpart F under the

circumstances existing at the time of the rule’s or iginal promulgation, a stri ct application of this

rule in today’s environment is not as appropriate for at least two different reasons—the changes

that have occurred in the law and commonly accep ted business practices regarding the ownership

and operation of corporate assets in the United States, and th e increasing ability of individuals

and smaller companies to safely own and operate complex aircraft due to their lower relative

prices, increased availability and increased technological capabilities.

With respect to the first reas on, there has been a significant increase in the development

and acceptance of various limited liability shield ing devices under general corporate and tax law

since Subpart F was promulgated in the 1970s. For example, in 1977 Wyoming passed the first

limited liability company legislation. Several st ates followed, although such entities were rarely

adopted by other states or used until 1988, when the IRS issued Revenue Ruling 88-76,

classifying a Wyoming limited liability company as a partnership for federal income tax

purposes. See, e.g. 2 Z OLMAN 

# C AVITCH



# , B USINESS 

# O RGANIZATIONS WITH 

# T AX 

# P LANNING 

# §

33.01[3] (1997). This Ruling opened the floodgates to states creating thei r own limited liability

legislation, such that by 1997 every state had its own form of limite d liability company entities in

place. Id. Under typical limited liabili ty entity legislation, these are usually non-corporate

entities that provide limited liabi lity to individual members or ow ners, but still also allow full

management rights to all of those owners. Id. at § 33.01[1]. The use of these entities has become

broadly accepted throughout the United States as an appropriate method to own and operate

# various businesses and business assets. Further, the various states and the Internal Revenue

Service have, over the years, permitted such ent ities to elect certain tax treatment that has

increased their utility for indi viduals and businesses alike.

With respect to the second reason noted abov e, since the 1970s ther e has arguably been a

noticeable increase in the range of types and technological capabilities of business aircraft

afforded to individuals, along w ith a reduction in prices for t hose aircraft. Moreover, on the

horizon is the introduction of an even broader range of jet airc raft that will be coming on the

market with significantly lower ownership and operational costs ye t greater safety features and

equipment. In light of this aircraft availability, there have been an increasing number of

individuals and smaller businesses that have moved into the busin ess aviation market. In line

with current business practices and significant tax rules and regulations , there has been an

increase in the methods such individuals use to manage there personal assets. The increased

availability and lower costs of business aircraft combined with these tax and asset-management

strategies has lead to the situation that the preferred method of ownership for these aircraft is

through entities such as limited liability companies rather than owning the aircraft in an

individual’s own name. This pr eference has in turn led to the situation in which there is a

significant disconnect between the FAA’s rules with respect to cost sharing on aircraft used in

private carriage, the commonly accepted business pr actices in today’s U.S. market place, and

what has become the very common ownership structure for many busi nesses and individuals,

even though this quite often inadve rtently leads to technical violati ons of the current cost sharing

rules.

As a final observation, some may argue that on e valid reason to maintain the requirement

that a company with no assets or business other than owning or ope rating an aircraft may not take

advantage of the cost-sharing exceptions provided in § 91.501 is because of concerns such as civil

liability concerns that might be raised with resp ect to third parties. It is important to note,

however, that the mandate of the FAA is to addr ess the safe operation and management of U.S.

registered aircraft. Generally speaking, it is not within the pur view of the FAA to address nonsafety or economic issues such as the civil liabil ity that could potentially arise from the ownership

and operation of aircraft that are not used in common carriage, an i ssue that has traditionally been

left to the individual states. Fo r example, it is for the states to directly decide whether an

individual plaintiff should be able to “pierce the cor porate veil” of an entity if that entity has been

under-capitalized, improperly forme d, or otherwise formed in cont ravention to the statutory,

regulatory or common law requirements of that st ate, not for the FAA to indirectly decide.

For that reason, and keeping in line with th e FAA’s early recognition and observation that

business-entity structures (and now personal asset management structures) are becoming

increasingly complex, neither the relationship betw een these entities nor the type of compensation

received for the services rendere d between them should be controlling for such aircraft operations

from the FAA’s safety perspective. That bei ng said, it is also impo rtant to recognize that

concerns such as civil liability may indirectly have an impact on the owners hip and safe operation

of aircraft. As such, and keeping in mind th at the rule amendments being considered are

exceptions to the general rule that the payment of any reimbursement triggers the requirement to

conduct the operations under the commercial rule s and it is important to not allow these

exceptions to “swallow the rule,” the two new flight-department-company cost-sharing

# exceptions discussed below and that are being propos ed in this rule are more tightly constrained

than the full range of cost sharing exceptions th at will continue to be available to § 91.501(b)(5)

affiliated groups and aircraft be ing operated under time sharing, jo int ownership or interchange

agreements.

4. Amendment to the Rule: Two New Proposed Permitted Flight Department

Company Structures

Under Subpart F as currently written, operators of large or multi-engine turbine aircraft

may use the cost sharing exceptions contained in § 91.501(b), namely joint ownership, time

sharing or interchange operati ons, and sales and demonstrati on flights. Moreover, under §

91.501(b)(5), any company that owns and operates an aircraft may conduct operations on a fully

cost-allocated basis provided such operations are in cidental to and within the scope of its business

or the business of its affiliates (other than tran sportation by air), and may utilize all of the other

various costs sharing exemptions under Section 91.501( b) as well. As also already noted above,

because there is no specific definition of what constitutes an affiliated company in § 91.501(b)(5),

as currently written, it is possible that companie s with much less than 50 % ownership in another

related company could qualify for this exemption, with the only specifically stated restriction

being that flight department companies may not us e this affiliated group exemption. In light of

the current situation as described above, the F AA should consider adopting modifications to §

91.501 that will allow for two new types of permitted costs-sharing structures.

The first would be a business flight department entity, i.e., an entity created solely to own

and operate aircraft in a form that does allow for some limited liability shielding and favorable

tax treatment for such entities (be it a corpora tion, limited liability company or some form of

partnership) that wishes to use its aircraft in support of business operations . But in light of the

concerns discussed above, such a flight depart ment company exception would be in a form that

would more tightly constrain the aircraft’s availability for use other than what is currently

permitted under the § 91.501(b)(5) affiliated group ex ception to certification. Specifically, this

flight department entity would be allowed to r eceive compensation for the operation of aircraft

for its officers, directors, employees and guests a nd those of its affiliated entity so long as the

flight department entity was either at least sevent y-five percent owned by, or had at least seventyfive percent ownership of, the affected affiliate (the seventy-five percent ownership requirement

striking a balance between sufficient ownership to ensure proper oversight of the entity and

limiting the number of companies involved wh ile still allowing for some underlying funding

flexibility for the capital costs related to buying or leasing an aircraft). Moreover, to the extent

another entity owns at least twen ty-five percent of the flight depa rtment entity, th at other entity

would also be allowed to compensate the flight de partment entity for the use of such aircraft, but

only in an amount equal to the second entity’s owners hip interest in that flight department entity

(again striking an appropriate balance between limiting use of the aircraft under this exception

with the ability to provide flexibility in the f unding of the significant cap ital costs involved). In

all cases, the amount of compensation could not be in excess of the pro rata cost of owning,

operating, and maintaining the aircra ft. Finally, this new flight de partment entity would not be

permitted to avail itself of several of the other costs sharing exemptions, such as the joint

ownership exemption or the interchange exemption, and could only avail itself of the time sharing

exemption to the extent it was conducting time shar ing with executives or employees or one of its

# permitted affiliated entities as defined above. (Such an entity would still be able to avail itself of

the provisions related to demonstration flights found in § 91.501(b)(3).) This proposed structure

strikes an appropriate balance between the desi re to properly align aircraft ownership and

operations with the current US law and practice with respect to appropriate limited liability

shielding of business assets, while at the same time constraining the amount of compensation that

may be received by such a flight department enti ty for these operations such that appropriate

safety concerns that the entity not be operating as a commercial operation are met.

The figure below offers a graphic example of what types of entities would or would not

constitute an appropriate business flight departme nt entity. In this diagram, assuming that none

of S1, S2 or S3 have business activity other th an air transportation (i.e., owning and operating an

aircraft), none of S1, S2 or S3 can operate an aircraft under th e provisions of § 91.501 as

currently written. Under the rules as amende d by this recommendation, S3 would become the

only entity of these three that would be eligible as a business flight department entity to operate

an aircraft incidental to the non- air-transportation business activity of P. Moreover, S3 could also

conduct flight operations for its affiliated entities X and Y, but only in an amount equal to those

affiliates’ interest in or held by S3. Finally, in no event would S3 be allowed to avail itself of the

joint ownership or interchange exemptions, a nd could only conduct time sharing operations with

the executives or employees of itself and entities P, X and Y.

The second type of flight de partment entity the FAA shoul d allow would be a personal

flight department entity used by one or more indivi duals that wish to use corporate aircraft solely

for their own benefit and hold the aircraft in an entity such as a limite d liability company, once

again allowing some limited liability shieldi ng and favorable tax and asset-management

treatment. Once again, in order to satisfy safety concerns that such operations not be acting as

inappropriate uncertificated commercial operations, such personal flight department entities

would also be more tightly constrained in the co mpensated use of the aircraft than is currently

permitted under the affiliated groups exemption. Specifically, under this new exception, up to

# four natural persons, or up to four entities esta blished for the benefit of natural persons under

applicable state law for the management of their personal assets (such as family trusts, family

partnerships, etc.), could own or form a sepa rate entity—the personal flight department

company—that would in turn own an d operate an aircraft for the be nefit of those natural persons,

and those natural persons or thei r specific asset-management entit ies could compensate this new

personal flight department entity on a pro rata fully cost-allocated basis for their own flights. The

personal flight department company would not be allowed to accept any form of reimbursement

for the carriage of any persons or property other th an from the natural persons or beneficiaries of

the asset-management entities that own that personal flight department company on flights

conducted for their benefit, and, as with th e business flight department entity described

immediately above, such a personal flight departme nt entity, or the unde rlying owners of that

entity or entities, would not be permitted to us e the other exemptions of joint ownership or

interchange, nor, in this case, would these entitie s be allowed to time share. (Such an entity

would still be able to avail itse lf of the provisions related to demonstration flights found in §

91.501(b)(3).) Once again, the purpos e of creating such a personal f light department entity would

be to more appropriately align the FAA’s rules on the ownership and operat ion of aircraft with

common and accepted tax and limited liability shield ing practices in the United States, while at

the same time more tightly cons training who will be afforded tran sportation pursuant to this rule

in order to again appropriately a ddress any related safety concerns.

5. Additional Considerations

Because the proposed amendments will primar ily serve to more closely align business

aviation with current U.S. law and practice, and th ese rules are tightly cons trained as to who may

take advantage of them and unde r what circumstances, they s hould have little to no negative

impact on the safety of traveling public or on th e aviation industry. Li kewise, there should be

very little “spillover” effect such as an increase in paperwork or other agency involvement.

Finally, there should be little need to harmonize this amendment with other rules, although it

would be prudent to draft an appropriate advisor circular or other relate d guidance materials to

assist in the implementation in these rule amendm ents. Other than the typical costs associated

with creating such guidance material, the impact of these amendments should be largely cost

neutral.

6. Text of new proposed rule

With all of these consider ations in mind, the proposed new version of Section 91.501,

applicability, is as follows (with the original rule in normal text and the amendments to the rule

underlined):

§ 91.501 Applicability.

* * * * *

(b) Operations that may be conducted under the ru les in this subpart instead of those in parts

121, 129, 135, and 137 of this chapter when comm on carriage is not i nvolved, include -

# * * * * *

(5) Except as otherwise permitted by paragraph (b)(11) or paragraph (b)(12) of this section,

carriage of officials, employees, guests, and prop erty of a company on an airplane operated by

that company, or the parent or a subsidiary of the company or a s ubsidiary of the parent, when the

carriage is within the scope of, and incidental to, the business of the company (other than

transportation by air) and no charge, assessment or fee is made for the carriage in excess of the

cost of owning, operating, and main taining the airplane, except that no charge of any kind may be

made for the carriage of a guest of a company, wh en the carriage is not w ithin the scope of, and

incidental to, the busin ess of that company;

* * * * *

(11) Carriage of the official s, employees, guests, and property of a business flight department

entity and its affiliated entities when the flight de partment entity is formed solely or primarily to

operate aircraft for itself or for its affiliated enti ties, and no charge, assessment or fee is made for

the carriage in excess of the co st of owning, operating, and main taining the aircraft. Such

business flight department entity may not conduct flights under either joint ownership

arrangements or interchange agreements under (b)(6) of this section, and may only conduct

flights under time sharing agreem ents under (b)(6) of th is section when the person leasing the

aircraft is an official, executive or employee of the flight department entity or an affiliated entity.

For the purposes of this subsection an affiliated entity means the parent or a subsidiary of the

business flight department entity or a subsidiary of the parent where the parent owns at least

seventy-five percent of the business flight depa rtment entity and each other subsidiary, or the

business flight department entity owns at least seventy-five percen t of each of its subsidiaries, and

such use is limited to first-tier subsidiaries of ei ther the business flight de partment entity or its

parent; provided, however, that the officials, employees, guests and property of a second entity

that is a direct owner of at least twenty-five percent of the business flight department entity, and

of up to two first-tier enti ties in which the second entity is eith er eighty percent owned by or is the

eighty percent owner of said parent or subsidiar y, may be carried by a business flight department

entity under this subsection as l ong as no charge, assessment or fee is made for the carriage in

excess of the cost of owning, opera ting, and maintaining the aircraft and the percentage of such

use does not exceed the equivalent percentage of the second entity’s ownership of the business

flight department entity; and

(12) Carriage of persons or property by a persona l entity when that personal flight department

entity is formed solely or primarily to operate aircraft for the benefit of individual family

members of the personal flight department entity’s owner or owners (or in the case of a trust, for

the benefit of the beneficiaries of the trust), and no charge, assessment or fee is made for the

carriage in excess of the cost of owning, operatin g, and maintaining the aircraft. For the purposes

of this subsection, such personal f light department entities can be formed or owned by up to four

natural persons, or up to four entities established for the be nefit of natural persons under

applicable state law for the management of their personal assets (such as family trusts, family

partnerships, etc.). Such pers onal flight department entities may not conduc t flights under joint

ownership arrangements, intercha nge agreements or time sharing agreements under (b)(6) of this

section.

# Recommendation : Using as much of the discussion above as is appropriate for language

to be included in the preamble to the proposed new rule, the proposed new version of Section

91.501, applicability, is as follows (with the original rule in normal text and the amendments to

the rule underlined):

§ 91.501 Applicability.

* * * * *

(b) Operations that may be conducted under the ru les in this subpart instead of those in parts

121, 129, 135, and 137 of this chapter when comm on carriage is not i nvolved, include -

* * * * *

(5) Except as otherwise permitted by paragraph (b)(11) or paragraph (b)(12) of this section,

carriage of officials, employees, guests, and prop erty of a company on an airplane operated by

that company, or the parent or a subsidiary of the company or a s ubsidiary of the parent, when the

carriage is within the scope of, and incidental to, the business of the company (other than

transportation by air) and no charge, assessment or fee is made for the carriage in excess of the

cost of owning, operating, and main taining the airplane, except that no charge of any kind may be

made for the carriage of a guest of a company, wh en the carriage is not w ithin the scope of, and

incidental to, the busin ess of that company;

* * * * *

(11) Carriage of the official s, employees, guests, and property of a business flight department

entity and its affiliated entities when the flight de partment entity is formed solely or primarily to

operate aircraft for itself or for its affiliated enti ties, and no charge, assessment or fee is made for

the carriage in excess of the co st of owning, operating, and main taining the aircraft. Such

business flight department entity may not conduct flights under either joint ownership

arrangements or interchange agreements under (b)(6) of this section, and may only conduct

flights under time sharing agreem ents under (b)(6) of th is section when the person leasing the

aircraft is an official, executive or employee of th e flight department entity or an affiliated entity.

For the purposes of this subsection an affiliated entity means the parent or a subsidiary of the

business flight department entity or a subsidiary of the parent where the parent owns at least

seventy-five percent of the business flight depa rtment entity and each other subsidiary, or the

business flight department entity owns at least seventy-five percen t of each of its subsidiaries, and

such use is limited to first-tier subsidiaries of ei ther the business flight de partment entity or its

parent; provided, however, that the officials, employees, guests and property of a second entity

that is a direct owner of at least twenty-five percent of the business flight department entity, and

of up to two first-tier enti ties in which the second entity is eith er eighty percent owned by or is the

eighty percent owner of said parent or subsidiar y, may be carried by a business flight department

entity under this subsection as l ong as no charge, assessment or fee is made for the carriage in

excess of the cost of owning, opera ting, and maintaining the aircraft and the percentage of such

use does not exceed the equivalent percentage of the second entity’s ownership of the business

flight department entity; and

# (12) Carriage of persons or property by a personal entity when that personal flight department

entity is formed solely or primarily to operate aircraft for the benef it of individual family

members of the personal flight department entity’s owner or owners (or in the case of a trust, for

the benefit of the beneficiaries of the trust), a nd no charge, assessment or fee is made for the

carriage in excess of the cost of owning, operatin g, and maintaining the aircraft. For the purposes

of this subsection, such personal flight department entities can be formed or owned by up to four

natural persons, or up to four entities established for the bene fit of natural persons under

applicable state law for the management of their personal assets (such as family trusts, family

partnerships, etc.). Such personal flight depart ment entities may not co nduct flights under joint

ownership arrangements, interchange agreements or time sharing agreements under (b)(6) of this

section.

Note 1 [provided by Eileen Gleimer for clar ification and included in NPRM text]: APP 41)

Flight Department Company Structure - The common ownership element of the "affiliated

entity" exception provided for in the text of the proposed rule changes to 91.501(b)(11) (lines 19-

20 on page 151) is not picked up in the discus sion of the change on page 146, line 24-page 147,

line 1 and page 154, lines 5-8. The relevant por tion of the discussion on pages 146-147 should be

revised as follows:

Specifically, this business flight department entit y would be allowed to receive compensation for

the operation of aircraft for its officers, directors, employees and guests and those of its affiliated

entity so long as the business flight department entity was either seventy-five percent owned by,

or had at least seventy-five percent ownership of, the affected affiliate, or the where the parent

of the flight department entity ow ns at least seventy-five percent of the business flight department

entity and at least seventy-five percent of the affiliate for which the business flight department

entity operates (the seventy-five per cent ownership requirement st riking a balance between

sufficient ownership to ensure...)

We suggest a similar change for the 25% ow ner ("second owner") of the business flight

department entity to make clear that the affiliate concept covers an entity that owns at least 80%

of the second owner or is at least 80% owned by the second owner. As currently written, the

reference to "said parent or subsidiary" when talking about that second entity seems confusing.

As part of that clarification, we also suggest that instead of referring to the owner of the 25%

interest in the flight department entity as the "second entit y," it be referred to as the "second

owner" or "minority owner." We believe that ma king this change to the term, makes the language

a little easier to follow. Specifically, we sugge st the language on page 151, lines 23-24 and page

154, lines 10-13 be changed to read as follows:

"provided, however, that the officials, employees, guests and property of a second

entity that is a direct owner of at leas t twenty-five percent of the business flight

department entity ("second owner") and of up to two firs t-tier entities including

any entity which owns at l east eighty percent of the second owner or is at least

eighty percent owned by the second owner..." in which the second entity is either

eighty percent owned by or is the eighty pe rcent owner of said parent or subsidiary

# Steering Committee Review : When the above recommendati on was presented to the Steering

Committee in its original form, the Steering Committee asked for additional detail as to what

would be permitted as a flight department compa ny. One of the key issues was an understanding

of the time sharing of aircraft by such entities. The Steering Committee also had issues with

companies being able to create corporate stru ctures under the proposed rule that would permit

violations of the intent of the ru le, and therefore asked for further specification that would lead to

a more conservative approach to the problem. That said, the Steeri ng Committee did strongly

believe that this recommendation document raised an important issue that needs to be solved, and

the committee did generally agree with the resolution as initially presented.

Therefore, after this initial presentation to the Steering Committee was made, the

Applicability Working Group subcommittee that ha d been assigned to address this issue, along

with additional interested indivi dual members of the Steering Co mmittee, met to further discuss

the original recommendation. As a result of that process, the recommendation as provided above

was re-presented to the Steering Committee. As such, the recommendation now fully

incorporates the changes that were sugge sted by the Steering Co mmittee (such changes

specifically being a raising of the required aff iliated ownership of busin ess flight department

entities from 66% ownership to 75% ownership, a nd the inclusion of the graphic now appearing

as part of paragraph 4 of the above discus sion). Based upon the re -presentation of the

recommendation as presented above, the recomm endation was made that the Steering Committee

approve the proposed rule changes.

Final Action : Approved as presented. [also include s note 1 for clarifi cation of intent]

Notes:

# RECOMMENDATION DOCUMENT

Number: Applicability 42

Issue : Operation of Small Airpla nes and Helicopters under § 91.501

Discussion :

1. Introduction

Section 91.501 currently provides (so long as common carriage is not involved) several

different limited cost-sharing exemptions from the general rule that operations involving cost

reimbursement must be conducted under one of th e commercial parts of the federal aviation

regulations. Originally promulga ted in the early 1970’s, this ru le has proven to be extremely

beneficial to the appropriate development of bus iness and personal aviation in the United States

without negatively affecting the safety of those operations. As drafted, this rule specifically

applies only to large and multi-engine turbine aircraft. That being said, for over thirty years the

FAA has granted an exemption re garding this rule to members of the National Business Aviation

Association who fly small and piston-powered airc raft, so long as they comply with certain

additional requirements. The original justification for this exemption has remained the same, the

exemption itself has not changed, and operations conduc ted pursuant to this rule have consistently

been safe since the exemption was first granted in 1972. As such, it is now appropriate for the

FAA to simply build this exemption into the rule itself.

2. Background

In October of 1971 the FAA issued a notice of proposed rule making seeking to analyze

the appropriateness of “amending Part 91 of the Federal Aviation Regulations by adding a new

Subpart [F] containing general ope rating rules and an inspection program for large and turbinepowered multiengine airplanes.” 36 F.R. 19507. There were several factors that triggered this

analysis, including the FAA’s recent rulemaking regarding the definition of a “Commercial

Operator” (and the commentary that effort recei ved), as well as a special task force report

addressing the fatal accident in the fall of 1970 of a charter flight carrying a college football team.

Id. Quoting directly from this report, the FAA noted that the ta sk force urged the Administrator

to:

Promulgate a new Part of the Fede ral Aviation Regulations governing the

operations of all (a) large airplanes, (b ) pressurized airplanes, and (c) turbine

powered airplanes, engaged in private ca rriage. This regula tion should provide

that those airplanes be operated and main tained in the condition for safe operation

appropriate for transport ca tegory airplanes. The re gulations should include

requirements for crew proficiency, opera tions, and continued airworthiness

consistent with the terms of original airworthiness certification of transport

airplanes. It should be written so as to provide a level of safety comparable to

FAR 121, but without the detailed admini strative, financial and organizational

requirements for the issuance of a commerc ial operator certificate prescribed in

# that Part. This new Part should be written in such a way that it provides the

flexibility necessary for the operation and maintenance of the individual airplane.

Upon implementing the requirement that all large airplanes, pressurized

airplanes, and turbine-powered airplanes be raised to an acceptable level of safety,

commercial operator certification should no longer be required. The regulation

should then require that only scheduled a nd supplemental air carriers engaged in

common carriage will be governed by FA R 121 and meet the highest possible

degree of safety as required by section 601( b) of the Federal Aviation Act of 1958.

Operators of large or complex airplane s engaged in privat e carriage should no

longer be burdened with economic requireme nts, but could continue to meet under

the new Part an acceptable level of safet y. FAA field inspectors would no longer

be required to make an economic determin ation of what constitutes operation “for

compensation or hire.”

36 F.R. 19507-19508.

The rule the FAA then proposed in its notice gene rally followed the guidelines laid forth in the

task force’s report, creating seve ral exemptions from the general rule that where cost-sharing was

occurring for the ownership and operation of thes e aircraft, those operations would have to be

operated pursuant to one of th e commercial operating parts. Specifically, the proposed rule

would create exemptions for limited permitted cost sharing related to the use of business aircraft

by companies and certain of their affiliates with regard to their business operations, the operation

of aircraft by their joint registered owners, dem onstration flights in anticipation of the sale or

lease of the aircraft, time sharing of the aircraft , and the interchange of aircraft by two separate

aircraft owners and operators. By July of 1972 the FAA had received significant commentary on

its new proposed rule, and, taking this commentary and its own analysis into account, then issued

the final form of the new Subpart [F]. 37 F.R. 14758. This new rule di d provide for the costsharing exemptions mentioned above, namely thos e related to affiliated groups, joint registered

ownership, demonstration flights, time sharing and interchange agreements, all directly applicable

to, but only applicable to, large and multi-engine turbine aircraft.

3. Exemption for Small and Piston-Powered Aircraft Operations under Subpart F

Almost immediately upon the promulgation of the new subpart F, the National Business

Aviation Association, Inc., petiti oned the FAA for an exemption for its members operating small

and piston-powered aircraft, allo wing those members to be able to utilize certain cost-sharing

provisions found in § 91.501 so long as they complied with certai n other requirements. Under

this proposal, these operators could conduct ope rations under §§ 91.501(b)(1) through (7) and (9)

so long as they: (1) conducte d those flights in compliance with §§ 91.505-535 (except that

helicopter operators would not have to comply w ith § 91.515(a) so long as they complied with the

minimum safe altitude requirements in § 91.119), a nd the aircraft used for such operations were

maintained under an inspection program approved under § 91.409(f); (2) notified the appropriate

Flight Standards District Office of the operator’s use of the exemption and provided to that FSDO

copies of any applicable time sh aring, interchange or joint ownership agreements used under the

rule; (3) made an a ppropriate log-book entry for the airc raft operated under the exemption

showing it was being operated pursuant to Subpart F; and (4) submitted to, and received approval

from, the appropriate FSDO a copy of the aircraft inspection program being used for the aircraft

# being operated under the exemption.

The FAA issued the initial exemption, in th e form described above, to the NBAA for use

by its members on September 27, 1972, as Exemption No. 1637. Since that time, the agency has

re-issued this exemption its same and origin al form—based upon the original justification—

twenty-two times. Regulatory Docket No. FA A-2002-12728. In light of the fact that this

exemption has effectively been the rule for over th irty years, that its ra tional has not changed at

all during that time, and that for thirty years sm all and piston-powered airc raft owners have been

operating their aircraft under this rule in a safe fashion, it is time to simply make these provisions

part of the actual rule.

4. Proposed Amendment: Adoption of Exemption No. 1637 Into the Rule

Because the Exemption No. 1637 has essentially acted as a mechanism allowing small and

piston-powered aircraft operators to elect to take advantage of the cost-sharing mechanisms found

in Subpart F so long as they were willing to take on additional sa fety-related regulatory

obligations (as opposed to the operators of larg e and multi-engine turbine powered aircraft, who

must automatically comply with these provisions due to the nature of their aircraft), it is more

appropriate to place language allowing for small and piston-powered aircraft operators to elect to

operate under Subpart F in § 91.501(a) itself, rather than placing la nguage to that effect in § 91.2,

the section that addresses the app licability of Part 91 in general.

With this in mind, the FAA proposes that la nguage be added to § 91.501(a) allowing for

small and piston-powered aircraft to be operate d under the provisions of Subpart F with certain

restrictions and so long as certa in additional obligations are met, and then a new § 91.501(e) be

added to the rule specifying t hose restrictions and obligati ons. The proposed language is

provided below.

5. Additional Considerations

Because the proposed amendments will merely put into actual rule form an exemption that

has acted as the defacto rule for over thirty years, they should not have a negative impact on the

safety of traveling public or on the aviation industry. Likewise , there should be very little

“spillover” effect such as an increase in pape rwork or other agency in volvement. Finally, there

should be little need to harmonize this amendmen t with other rules, alt hough it would be prudent

to draft an appropriate advisor circular or ot her related guidance materials to assist in the

implementation in these rule amendments. Other th an the typical costs associated with creating

such guidance material, the impact of these amendments should be largely cost neutral.

6. Text of new proposed rule

With all of these consider ations in mind, the proposed new version of Section 91.501,

applicability, is as follows (with the original rule in normal text and the amendments to the rule

underlined):

§ 91.501 Applicability.

(a) This subpart prescribes opera ting rules, in addition to those prescribed in other subparts of

# this part, governing the operatio n of large airplanes of U.S. registry, turbojet-powered

multiengine civil airplanes of U.S. registry, and fractional ownership program aircraft of U.S.

registry that are operating unde r subpart K of this part in operations not i nvolving common

carriage. Small aircraft and helicopters may also be operated under the rules in this subpart to the

extent permitted by, and so long as the opera tors comply with, the additional provisions in

paragraph (e) of this section. The operating rules in this subpa rt do not apply to those aircraft

when they are required to be operated unde r parts 121, 125, 129, 135, and 137 of this chapter.

(Section 91.409 prescribes an inspection program for large and for turbine-powered (turbojet and

turboprop) multiengine airplanes and turbine-powered rotorcraft of U.S. registry when they are

operated under this part or part 129 or 137.)

* * * * *

(e) Small civil airplanes and helicopters may operate under the rules of sections 91.503 through

91.535 and select an inspection program as de scribed in section 91.409(f), subject to the

following conditions and limitations:

(1) Only those operations that are listed in sectio n 91.501(b)(1) through (7) and (9) [through (12)]

may be conducted under the author ity of this section. Those operations must be conducted in

compliance with the op erating rules in sections 91.503 through 91.535; provided, however,

helicopter operations are not required to comply with the flight altitude rules of section 91.515(a),

provided the operations comply with the minimu m safe altitude requirements in section 91.119.

Aircraft operated under the authority of this su bpart must use an inspection program listed in

section 91.409(f).

(2) No person may operate a small airplane or he licopter under the authorit y of this section unless

the appropriate Flight Standards District Office has been: (a) no tified that the operation will be

conducted under the terms of this section; and (b) where applicable, provided with a copy of the

time sharing, interchange, or joint-ownership agreement each aircraft is being operated under.

Each agreement must include the aircraft re gistration number of each aircraft involved.

(3) No person may operate an aircraft under this ex emption unless an entry is made in the aircraft

logbook showing the provisions of this s ubpart under with it is being operated.

(4) No person may operate an ai rcraft under the authority of this section unless an inspection

program has been submitted to and approved by the appropriate Flight Standards District Office.

Recommendation : Text summary and draft ru le/ advisory/ policy language

Steering Committee Review : NBAA doesn’t see reason for exem ption to be incorporated into

the rule, but can live with th e rule proposal. They see benefit from NBAA membership.

# Final Action : APPROVED

Notes:

# RECOMMENDATION DOCUMENT

Number: PUB-86 to STE-XX (Public Docket N o. 86 to Steering Committee No. XX)

Issue : Suggests that ARC Create a “Safety Working Group” to pull to gether all aspects of Part

135. (See Docket for complete comment.)

Discussion: The committee believes that safety should be a factor in al l workgroups and not

simply the task of one committee.

Recommendation : The committee recommends that the committee structure remains

unchanged.

Steering Committee Review : Agreed

Final Action : Agreed. No Safety Working group created.

Notes: