§ 135.2 Compliance schedule for operators that transition to part 121 of this chapter; certain new entrant operators. ( a ) *Applicability.* This section applies to the following: ( 1 ) Each certificate holder that was issued an air carrier or operating certificate and operations specifications under the requirements of part 135 of this chapter or under SFAR No. 38-2 of 14 CFR part 121 before January 19, 1996, and that conducts scheduled passenger-carrying operations with: ( i ) Nontransport category turbopropeller powered airplanes type certificated after December 31, 1964, that have a passenger seat configuration of 10-19 seats;
( ii ) Transport category turbopropeller powered airplanes that have a passenger seat configuration of 20-30 seats; or
( iii ) Turbojet engine powered airplanes having a passenger seat configuration of 1-30 seats.
( 2 ) Each person who, after January 19, 1996, applies for or obtains an initial air carrier or operating certificate and operations specifications to conduct scheduled passenger-carrying operations in the kinds of airplanes described in paragraphs (a)(1)(i), (a)(1)(ii), or paragraph (a)(1)(iii) of this section.
( b ) *Obtaining operations specifications.* A certificate holder described in paragraph (a)(1) of this section may not, after March 20, 1997, operate an airplane described in paragraphs (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this section in scheduled passenger-carrying operations, unless it obtains operations specifications to conduct its scheduled operations under part 121 of this chapter on or before March 20, 1997.
( c ) *Regular or accelerated compliance.* Except as provided in paragraphs (d), and (e) of this section, each certificate holder described in paragraph (a)(1) of this section shall comply with each applicable requirement of part 121 of this chapter on and after March 20, 1997 or on and after the date on which the certificate holder is issued operations specifications under this part, whichever occurs first. Except as provided in paragraphs (d) and (e) of this section, each person described in paragraph (a)(2) of this section shall comply with each applicable requirement of part 121 of this chapter on and after the date on which that person is issued a certificate and operations specifications under part 121 of this chapter.
( d ) *Delayed compliance dates.* Unless paragraph (e) of this section specifies an earlier compliance date, no certificate holder that is covered by paragraph (a) of this section may operate an airplane in 14 CFR part 121 operations on or after a date listed in this paragraph unless that airplane meets the applicable requirement of this paragraph: ( 1 ) *Nontransport category turbopropeller powered airplanes type certificated after December 31, 1964, that have a passenger seat configuration of 10-19 seats.* No certificate holder may operate under this part an airplane that is described in paragraph (a)(1)(i) of this section on or after a date listed in paragraph (d)(1) of this section unless that airplane meets the applicable requirement listed in paragraph (d)(1) of this section: ( i ) December 20, 1997: ( A ) Section 121.289, Landing gear aural warning.
( B ) Section 121.308, Lavatory fire protection.
( C ) Section 121.310(e), Emergency exit handle illumination.
( D ) Section 121.337(b)(8), Protective breathing equipment.
( E ) Section 121.340, Emergency flotation means.
( ii ) December 20, 1999: Section 121.342, Pitot heat indication system.
( iii ) December 20, 2010: ( A ) For airplanes described in § 121.157(f), the Airplane Performance Operating Limitations in §§ 121.189 through 121.197.
( B ) Section 121.161(b), Ditching approval.
( C ) Section 121.305(j), Third attitude indicator.
( D ) Section 121.312(c), Passenger seat cushion flammability.
( iv ) March 12, 1999: Section 121.310(b)(1), Interior emergency exit locating sign.
( 2 ) *Transport category turbopropeller powered airplanes that have a passenger seat configuration of 20-30 seats.* No certificate holder may operate under this part an airplane that is described in paragraph (a)(1)(ii) of this section on or after a date listed in paragraph (d)(2) of this section unless that airplane meets the applicable requirement listed in paragraph (d)(2) of this section: ( i ) December 20, 1997: ( A ) Section 121.308, Lavatory fire protection.
( B ) Section 121.337(b) (8) and (9), Protective breathing equipment.
( C ) Section 121.340, Emergency flotation means.
( ii ) December 20, 2010: Section 121.305(j), Third attitude indicator.
( e ) *Newly manufactured airplanes.* No certificate holder that is described in paragraph (a) of this section may operate under part 121 of this chapter an airplane manufactured on or after a date listed in this paragraph (e) unless that airplane meets the applicable requirement listed in this paragraph (e). ( 1 ) For nontransport category turbopropeller powered airplanes type certificated after December 31, 1964, that have a passenger seat configuration of 10-19 seats: ( i ) Manufactured on or after March 20, 1997: ( A ) Section 121.305(j), Third attitude indicator.
( B ) Section 121.311(f), Safety belts and shoulder harnesses.
( ii ) Manufactured on or after December 20, 1997: Section 121.317(a), Fasten seat belt light.
( iii ) Manufactured on or after December 20, 1999: Section 121.293, Takeoff warning system.
( iv ) Manufactured on or after March 12, 1999: Section 121.310(b)(1), Interior emergency exit locating sign.
( 2 ) For transport category turbopropeller powered airplanes that have a passenger seat configuration of 20-30 seats manufactured on or after March 20, 1997: Section 121.305(j), Third attitude indicator.
( f ) *New type certification requirements.* No person may operate an airplane for which the application for a type certificate was filed after March 29, 1995, in 14 CFR part 121 operations unless that airplane is type certificated under part 25 of this chapter.
( g ) *Transition plan.* Before March 19, 1996 each certificate holder described in paragraph (a)(1) of this section must submit to the FAA a transition plan (containing a calendar of events) for moving from conducting its scheduled operations under the commuter requirements of part 135 of this chapter to the requirements for domestic or flag operations under part 121 of this chapter. Each transition plan must contain details on the following: ( 1 ) Plans for obtaining new operations specifications authorizing domestic or flag operations;
( 2 ) Plans for being in compliance with the applicable requirements of part 121 of this chapter on or before March 20, 1997; and
( 3 ) Plans for complying with the compliance date schedules contained in paragraphs (d) and (e) of this section.
[Doc. No. 28154, 60 FR 65938, Dec. 20, 1995, as amended by Amdt. 135-65, 61 FR 30435, June 14, 1996; Amdt. 135-66, 62 FR 13257, Mar. 19, 1997]