[Federal Register Volume 62, Number 22 (Monday, February 3, 1997)]
[Proposed Rules]
[Pages 5076-5091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2024]


      

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_______________________________________________________________________

Part II





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Parts 21, et al.



Operating Requirements: Domestic, Flag, Supplemental, Commuter, and On-
Demand Operations; Editorial and Other Changes; Proposed Rule

Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / 
Proposed Rules

[[Page 5076]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 25, 91, 119, 121, 125 and 135

[Docket No. 28154; Notice No. 97-1]
RIN 2120-AG26


Operating Requirements: Domestic, Flag, Supplemental, Commuter, 
and On-Demand Operations: Editorial and Other Changes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes changes that are mostly editorial or 
typographical in nature in parts 21, 25, 91, 119, 121, 125, and 135. 
Most of the proposed changes are necessary to correct errors, make 
terminology consistent, or clarify the intent of the regulations 
published on December 20, 1995 (60 FR 65832). A few changes are to 
clarify existing rules or to deal with other long-standing issues not 
involving major substantive change (e.g. codifying long-standing 
exemptions). A new Special Federal Aviation Regulation is proposed to 
address three problems that relate to compliance with requirements for 
communications facilities and aircraft dispatchers by operators in 
Alaska and other areas.

DATES: Comments must be received on or before March 5, 1997.

ADDRESSES: Comments on this notice should be mailed or delivered in 
triplicate to: Federal Aviation Administration, Office of the Chief 
Counsel, Attention: Rules Docket (AGC-20), Docket No. 28154, 800 
Independence Avenue, SW., Washington, DC 20591. Comments may also be 
submitted to the Rules Docket by using the following Internet address: 
<a href="/cdn-cgi/l/email-protection#1c726c6e717f71686f5c7a7d7d32787368327b736a"><span class="__cf_email__" data-cfemail="147a64667977796067547275753a707b603a737b62">[email protected]</span></a>. Comments must be marked Docket No. 28154. 
Comments may be examined in the Rules Docket, Room 915-G on weekdays 
between 8:30 a.m. and 5:00 p.m., except on Federal Holidays.

FOR FURTHER INFORMATION CONTACT: Katherine Hakala, Flight Standards 
Service (AFS); Federal Aviation Administration, 800 Independence 
Avenue, SW, Washington, DC 20591; telephone (202) 267-8166 or 267-3760.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments.
    Comments should carry the regulatory docket or notice number and 
should be submitted in triplicate to the Rules Docket address specified 
above. All comments received and a report summarizing any substantive 
public contact with FAA personnel on this rulemaking will be filed in 
the docket. The docket is available for public inspection both before 
and after the closing date for receiving comments.
    Before taking any final action on this proposal, the Administrator 
will consider the comments made on or before the closing date for 
comments, and the proposal may be changed in light of the comments 
received.
    The FAA will acknowledge receipt of a comment if the commenter 
includes a self-addressed, stamped postcard with the comment. The 
postcard should be marked ``Comments to Docket No. 28154.'' When the 
comment is received by the FAA, the postcard will be dated, time 
stamped, and returned to the commenter.

Availability of the NPRM

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339) or the Federal Register's electronic bulletin board service 
(telephone: 202-512-1661).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Federal Register's webpage at http://www.access.gpo.gov/su__docs 
for access to recently published rulemaking documents.
    Any person may obtain a copy of this NPRM by mail by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 
267-9677. Communications must identify the notice number of this NPRM.
    Persons interested in being placed on the mailing list for future 
NPRM's should request from the FAA's Office of Rulemaking a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, that describes the application procedure.

Background

    On December 20, 1995, new part 119, Certification: Air Carriers and 
Commercial Operators, was published in the Federal Register (60 FR 
65832; December 20, 1995). Part 119 reorganizes, into one part, 
certification and operations specifications requirements that formerly 
existed in SFAR 38-2 and in parts 121 and 135. The final rule for new 
part 119 also deleted or changed certain sections in part 121, Subparts 
A through D, and part 135, Subpart A, because the requirements in those 
subparts have been recodified in part 119. On January 26, 1996, another 
final rule was published (61 FR 2608) affecting parts 119, 121, and 
135. That amendment made editorial and terminology changes in the 
remaining subparts of parts 121 and 135 to conform those parts to the 
language of part 119 and to make certain other changes. Additional 
documents making editorial changes and corrections were published on 
March 11, 1996 (61 FR 9612), and June 14, 1996 (61 FR 30432).
    Part 119 was issued as part of a large rulemaking effort, known as 
the ``commuter rule,'' to upgrade the requirements that apply to 
scheduled operations conducted in airplanes that have a passenger seat 
configuration of 10 to 30 passengers. These operations will in the 
future be conducted under the requirements of part 121, in accordance 
with the final rule published on December 20, 1995.
    The changes proposed in this NPRM are important because, as a 
result of the implementation of part 119 and the beginning of the 
transition process for commuter operations affected by the final rule 
published on December 20, 1995, a number of questions of interpretation 
have been raised and errors in previous final rules have been 
identified. The changes in this document would make necessary 
corrections, would help to clarify the intent of part 119 and the 
commuter rule, and would make other minor changes that are not directly 
related to the commuter rule. In addition, a new Special Federal 
Aviation Regulation (SFAR) is needed to address three problems that 
relate to compliance with requirements for communications facilities 
and for aircraft dispatchers by operators in Alaska and other areas.

Proposed changes

    A number of changes are necessary in parts 21, 25, 91, 119, 121, 
125, and 135 to correct typographical errors, to make minor editorial 
changes that help clarify the intent of the rules, or to make editorial 
changes that make related rules consistent with each other. These types 
of changes are not individually explained. However, a number of changes 
are being proposed that require some explanation, which follows:
    1. The definitions of ``on-demand operation,'' ``scheduled 
operation,'' and

[[Page 5077]]

``supplemental operation'' would be revised to make it clear that 
public charter operations conducted under 14 CFR part 380 are not 
considered scheduled operations.
    2. Section 119.5 would be amended to add new paragraph (k), which 
incorporates former Sec. 135.31 into part 119. The distribution table 
published with the part 119 final rule stated that Sec. 135.31 had been 
replaced by Sec. 119.5, but the text was inadvertently omitted. As 
proposed, this section would prohibit advertising or otherwise offering 
to perform any operation unauthorized by the FAA, and it would apply to 
any person, including certificate holders operating under part 121, as 
well as those operating under part 135. The FAA believes this is an 
appropriate extension since no person should be allowed to offer to 
perform operations that it has not proven to the FAA that it can 
perform safely. The FAA does not want an operator to carry people or 
property for compensation or hire unless that operator is appropriately 
certificated and unless it operates under the appropriate regulations. 
The proposed rule would be a useful enforcement tool that could be 
employed before a compensation or hire operation occurs by an operator 
that is not appropriately certificated and not in compliance with rules 
applicable for most compensation or hire operations.
    This proposed amendment also adds Secs. 119.5(1). When former 
sections 135.5 and 121.3 were recodified into one part 119, it was the 
FAA's intention that all of the situations covered by those sections 
would be covered in new sections 119.5(g) and 119.33. In June 1996, the 
FAA reinstated (effective July 15, 1996) the provisions of former 
sections 135.5 and 121.3 by adding a new paragraph 1(d) to SFAR 38-2. 
See 61 FR 30432.
    One situation that was not adequately covered in the current 
provisions of part 119--but which was covered by former sections 135.5 
and 121.3 and is covered by the soon-to-expire SFAR 38-2 paragraph 
1(d)--is the situation where an employee of a certificate holder, with 
or without the certificate holder's knowledge, violates the provisions 
of the certificate holder's operations specifications. For example, a 
certificate holder only has all-cargo operations specifications. A 
flight crewmember employee brings along a friend as a passenger on the 
commercial flight. No compensation is paid for the carriage of the 
passenger, whose presense is not necessary for the cargo-only flight. 
Because the flight crewmember did not act as a direct air carrier or 
commercial operator, the prohibitions in section 119.5(g) are 
inapplicable. However, under former sections 135.5 and 121.3 (and under 
paragraph 1(d) of SFAR 38-2), the flight crewmember could be charged 
for violating limitations in the certificate holder's operations 
specifications. In other words, if the certificate was only authorized 
to carry cargo, the carriage of passengers would be contrary to the 
limitations in the operations specifications. The FAA believes that 
safety requires that people who operate aircraft under parts 121 and 
135 must comply with the provisions in a certificate holder's 
operations specifications.
    3. Section 119.9 would be amended to add language that would allow 
displaying the air carrier or operating certificate number on an 
aircraft instead of the name of the certificate holder. By letter dated 
June 28, 1996 the National Air Transportation Association (NATA) 
petitioned the FAA in accordance with 14 CFR 11.25 to amend 14 CFR 
119.9(b). NATA requested that the requirement of that section that the 
name of the certificate holder who is operating the aircraft must be 
``legibly displayed on the aircraft'' be changed ``to allow displaying 
the air carrier or operating certificate number on the aircraft in lieu 
of the name of the certificate holder.'' In its petition NATA stated 
that it ``represents a very diverse and large number of part 135 on-
demand operators who are affected by the new requirement in part 119 to 
display the name of the certificate holder on all aircraft operated 
under part 135.'' NATA pointed out that it had in its comments to the 
commuter rule NPRM (which included part 119) opposed this new 
requirement and requested an exclusion for part 135 on-demand aircraft. 
NATA's petition contained supporting arguments for the change it 
requested which were primarily based on protecting the security and 
privacy of certain on-demand operations.
    A summary of the petition was published in the Federal Register on 
July 31, 1996; the comment period closed on September 30, 1996. 
Seventy-nine comments were received. Most of the comments received were 
from on-demand operations who agreed with NATA that the FAA should not 
require that the name of the operator be displayed on the aircraft for 
reasons of security, the expense of repainting the aircraft whenever it 
is leased or operated by another operator, and the confusion that may 
result from being identified as a scheduled carrier. Commenters pointed 
out that their clientele are business executives, entertainment 
personalities, and political figures who choose their particular type 
of travel to maintain privacy and to ensure greater security than 
travel on scheduled airlines would afford. These operators point out 
that posting the name of the operator on the aircraft would make it 
easier for business competitors, media representatives, and those with 
criminal intentions to track their clients and thus violate both 
privacy and security. Comments also point out that the nature of the 
on-demand industry, where aircraft may change operators on a daily 
basis, make repainting the name of the operator on the aircraft an 
expensive and time-consuming requirement. Some operators note that 
contracts would have to be re-negotiated with owners who do not want 
the name of a leasor displayed on the aircraft. Finally, these 
operators comment that if a name is displayed on the side of an 
aircraft, international operations may be subjected to tariffs and fees 
charged to scheduled airlines as they may be confused as such. The 
National Business Aircraft Association (NBAA) comments that an aircraft 
may be listed on several air carrier certificates, lending confusion to 
the FAA and public alike if all are displayed on the aircraft. The NBAA 
supports the proposal, saying that it facilitates privacy and security. 
Likewise, Helicopter Association International supports the proposal 
and urges the FAA to amend Sec. 119.9(b) before its effective date. The 
Airline Pilots Association comments that the proposed rule should have 
no effect on the requirement for aircraft owned and operated in 
scheduled air carrier service.
    While the FAA does not necessarily agree with all of NATA's 
justification, the FAA agrees that display of an air carrier or 
operating certificate number will meet the intent of this requirement, 
which is to provide a ready means of identifying a responsible 
certificate holder when an aircraft is parked and the FAA has reason to 
identify or contact the certificate holder. Therefore, the FAA proposes 
to amend Sec. 119.9(b)(4) as requested by NATA.
    It is proposed that the provision allowing the Assistant 
Administrator for Civil Aviation Security to grant deviations from the 
requirements of this section would be deleted. The FAA has reassessed 
the need for deviations from this section and does not believe 
deviations are necessary.
    4. Section 119.21(a)(1) allows certificate holders conducting 
domestic operations from the Aleutian Islands to other points in the 
State of Alaska to request permission to comply with the dispatching 
requirements of subpart U

[[Page 5078]]

of part 121 applicable to flag operations. The FAA proposes to allow 
domestic operations conducted from the Pribilof Islands and the 
Shumagin Islands to request this authority as well. In the final rule 
for this NPRM, the FAA may include other Alaskan island locations in 
this provision, if requested to do so by commenters and if adding the 
names of those islands is consistent with safety considerations.
    5. Section 119.35, as published in December 1995, contains the 
application procedures for persons applying for either an Air Carrier 
Operating Certificate or an Operating Certificate. Paragraph (c) 
through (h) of that section contain additional financial and contract 
reporting requirements for commercial operators conducting intrastate 
operations. The FAA has received a number of inquiries about 
Sec. 119.35, reflecting confusion over whether paragraphs (c) through 
(h) contain additional requirements for air carriers. To make it clear 
that the additional financial and contract reporting requirements apply 
only to commercial operators, Sec. 119.35 is being split into 2 
sections: Section 119.35 would contain just the certificate application 
procedures that apply to all applicants, and new Sec. 119.36 would 
contain the additional requirements for commercial operators. Section 
121.713 would be corrected to incorporate new cross references to 
Sec. 119.36.
    Section 119.35 (c) through (h), as published in December 1995, 
contained requirements that formerly appeared in Secs. 121.47 through 
121.49. When these requirements were moved to part 119, they applied to 
all commercial operators, including those intending to operate only 
under part 135.
    Section 135.64 was added to require contract retention and 
financial reporting by commercial operators conducting operations under 
part 135. The FAA believes that the extension of the financial 
reporting requirements to part 135 commercial operators may not be 
needed.
    Proposed Sec. 119.36 distinguishes between requirements for all 
commercial operators and those applicable only to commercial operators 
under part 121. In addition, the financial reporting requirements of 
Sec. 135.64(b) would be deleted; however, the contract retention 
requirements in Sec. 135.64(a) would be retained.
    6. Several changes are being proposed for the management 
qualification requirements in Secs. 119.67 and 119.71.
    Section 119.67 (c) and (d) would be revised to amend the 
qualification requirements applicable to Directors of Maintenance and 
Chief Inspectors under part 121. Section 119.71(e) would be revised to 
amend the qualification and experience requirements applicable to the 
Director of Maintenance under part 135. Both proposals establish 
requirements for a person becoming the Director of Maintenance or Chief 
Inspector for the first time. The FAA recognizes that one of the 
primary functions and responsibilities of persons holding these 
required positions is to provide management oversight and control for 
the maintenance program as well as the quality assurance function. The 
FAA believes these amendments will ensure that persons holding these 
required management positions have the measure of experience and the 
demonstrated capability of effectively managing these programs. Under 
sections 119.67(c)(1) and 119.71(e)(1), the Director of Maintenance 
must have held the airframe and powerplant ratings for 3 years. The FAA 
believes that this is a reasonable amount of experience for the 
position of Director of Maintenance and is consistent with current 
section 119.67(d)(1) as well as usual industry practice. In addition, 
the 1 year of maintenance experience in a supervisory capacity in 
maintaining the category and class of airplane used by the certificate 
holder, presently in the current rule, is now changed to a proposed 
requirement for 3 years of supervisory experience within the last 6 
years in a position that exercised operational control over maintenance 
program functions. The FAA's use of the term ``operational control'' is 
consistent with the current requirement for Director of Operations and 
recognizes that the primary function of a Director is to manage the 
overall program, whether it be a maintenance program or aircraft 
operations. In addition, since certificate holders are required to 
collect and analyze data relative to the performance and effectiveness 
of the maintenance program and to correct deficiencies in that 
maintenance program when deemed necessary, the FAA must ensure that 
persons exercising control over the maintenance program have the level 
of qualification and experience that will allow those persons to carry 
out their duties and responsibilities with the degree of expertise 
consistent with the certificate holder's responsibility to operate with 
the highest possible degree of safety in the public interest. Under 
section 119.67(c)(4)(B), the FAA proposes to replace the word 
``repairing'' with the word ``maintaining'', as the latter is 
consistent with the definition of maintenance as defined in section 
1.1. In addition, the word ``maintaining'' reflects the broader 
experience level more appropriate to the Director position.
    For the Chief Inspector position, the proposed change in section 
119.67(d)(2) to have 3 years of supervisory or managerial experience 
within the last 6 years is consistent with current section 
119.67(c)(4). The justification for this proposed change is the same as 
the justification for the similar proposed change for Directors of 
Maintenance. For both positions, the FAA finds it reasonable and 
prudent to recognize the experience of those persons who have had 
previous experience as Director of Maintenance or Chief Inspector by 
proposing different experience requirements for persons who are new to 
the positions versus those who have had previous experience.
    Section 119.67(e) would be revised to clarify that certificate 
holders may request a deviation from the experience requirements of the 
section, but not from the airman certificate requirements of the 
section. Therefore, a certificate holder would not be allowed to employ 
a person who does not hold the required airman certificate (e.g., ATP 
certificate, commercial pilot certificate, mechanic certificate).
    Section 119.71 contains the management qualification requirements 
that formerly appeared in Sec. 135.39. Section 119.71 (b) and (d) 
require that the Director of Operations and the Chief Pilot, 
respectively, must hold at least a commercial pilot certificate with an 
instrument rating. However, under former Sec. 135.39 the instrument 
rating was required only if any pilot in command for that certificate 
holder was required to have an instrument rating. For operations such 
as a VFR only helicopter operation, the pilot in command is not 
required to hold an instrument rating. Therefore Sec. 119.71 (b) and 
(d) would be revised to match the intent of former Sec. 135.39.
    Section 119.71(e) would be revised to clarify the qualification 
requirements to Directors of Maintenance under part 135 and to 
establish requirements for a person becoming the Director of 
Maintenance for the first time.
    7. A new Special Federal Aviation Regulation would be added to part 
121 to address two problems that relate to compliance with Sec. 121.99 
and a third problem that relates to compliance with Sec. 121.395. The 
first involves certain communications problems that exist in Alaska and 
other areas that affect certificate holders who are required by 
Sec. 121.99 to ``show that a two-way air/ground communication system is 
available at all points that will ensure reliable and rapid 
communications

[[Page 5079]]

under normal operating conditions over the entire route (either direct 
or via approved point circuits) between each airplane and the 
appropriate dispatch office and between each airplane and the 
appropriate air traffic control unit.'' In certain areas the lack of 
infrastructure or appropriate technology currently prevents certificate 
holders from establishing such systems. For other certificate holders, 
the nature of their operations (e.g., flying at low altitudes or in 
mountainous terrain) prevents them from using current communication 
systems that may be reliable only at higher altitudes. The proposed 
SFAR would require such certificate holders to comply with the ``over 
the entire route'' language of Sec. 121.99 to the maximum extent 
feasible. However, a certificate holder who shows to the Administrator 
that communications gaps exist due to such reasons as lack of 
infrastructure, ATC operating restrictions, the terrain, operating 
altitude, or feasibility of a certain kind of communications system, 
would be allowed to continue to operate over that route if the 
certificate holder establishes alternative procedures for prompt re-
establishment of communication, for establishment that the airplane 
arrived at its destination, and for flight locating purposes. Relief 
would only be granted after the certificate holder shows that it will 
meet the requirements to the maximum extent possible. In granting such 
approval, the Administrator would consider the following:
    a. The operator has an established dispatch communication system.
    b. Gaps in communication are not over the entire route, but only 
over portions of the route.
    c. When communication gaps occur, they occur due to lack of 
infrastructure, geographical considerations, or assigned operating 
altitude.
    d. Procedures are established for the prompt re-establishment of 
communications.
    e. The operator has presented a plan or schedule for coming into 
compliance with the communications requirements in Sec. 121.99.
    The certificate holder would obtain the approval of the 
Administrator, coordinated through the FAA's Air Transportation 
Division (AFS-200), in its operations specifications. This type of 
alternative compliance approval would only be available for scheduled 
operations with airplanes having a passenger-seat configuration of 30 
seats or fewer, excluding each crewmember seat, and a payload capacity 
of 7,500 pounds or less under part 121 of this chapter.
    The second Sec. 121.99 related problem involves certificate holders 
who conducted or who might in the future conduct scheduled intrastate 
operations in Alaska. Under the pre-commuter rule amendments these 
operations operated under the rules applicable to flag air carriers and 
thus, under the last sentence of Sec. 121.99, were not prohibited from 
using a communications system operated by the United States. For 
certificate holders operating intrastate in Alaska, whether 
certificated before or after January 19, 1996, it is impractical at the 
present time to require that the required communications system be 
independent of any system operated by the United States. Therefore even 
though these certificate holders will otherwise be required to comply 
with the operating rules for domestic operations, under the proposed 
SFAR they would be allowed to use systems operated by the United 
States, when there is no practical alternative, for the effective 
period of the SFAR. The FAA further proposes to amend Sec. 121.99 to 
require that, concurrent with the expiration of the SFAR, all flag 
operations in Alaska, not just those affected by the commuter rule 
change mentioned above, have communications systems that are 
independent of any system operated by the United States.
    The third issue addressed by the proposed SFAR relates to the use 
of aircraft dispatchers by former commuter operations in Alaska who are 
required by the commuter rule to conduct those operations under the 
rules for domestic operations in part 121. Normally the FAA requires 
that each certificate holder subject to Sec. 121.395 have aircraft 
dispatchers that work solely for that certificate holder. However, 
small operations located in remote areas find it hard to attract 
qualified, certificated aircraft dispatchers to work and live in those 
areas. Furthermore the workload often does not justify devoting a staff 
position to that function. Therefore the FAA proposes to allow 
certificate holders conducting scheduled operations in Alaska with 
airplanes having a passenger-seat configuration of 30 seats or fewer, 
excluding each crewmember seat, and a payload capacity of 7,500 pounds 
or less under part 121 of this chapter, to share aircraft dispatchers 
if they are authorized to do so by the Administrator. Before granting 
such an authorization, the Administrator would consider:
    i. The operators' joint plans for complying with the aircraft 
dispatcher training rules in subpart N of part 121 of this chapter and 
the aircraft dispatcher qualification and duty time limitation rules in 
subpart P of part 121 of this chapter.
    ii. The number of flights that the aircraft dispatcher would be 
responsible for.
    iii. Whether the responsibilities of the dispatcher would be beyond 
the capability of a single dispatcher.
    The SFAR would expire 4 years after it is issued because the FAA 
expects that adequate communications facilities will become available 
in all parts of Alaska and other areas within that time.
    8. Section 121.99 would also be amended to allow for ``other means 
of communication approved by the Administrator'' as an alternative to 
the two-way radio communication system required by that section. This 
would allow certificate holders to use other types of technology, such 
as datalink or telephonic communication systems, to comply with this 
section.
    9. In the commuter rule, Sec. 121.133 was revised to allow a 
certificate holder to prepare its maintenance manual in any form 
acceptable to the Administrator. Previously, certificate holders were 
limited to printed form or microfilm. The FAA proposes to amend the 
manual requirements in Secs. 121.137 121.139, 125.71, 135.21, and 
135.427 to include the ``any form acceptable to the Administrator'' 
language. In addition, these sections would be amended to clarify that, 
regardless of the form of the maintenance manual, it must be 
retrievable in the English language. Certificate holders who purchase 
equipment from foreign manufacturers or previous foreign owners must 
ensure that the maintenance instructions to be followed by their 
employees and reviewed by the FAA are in English.
    10. Section 121.305(j), as published in December 1995, contained 
two new provisions requiring third attitude indicators in 
turbopropeller powered airplanes having a passenger seat configuration 
of 30 seats or fewer. However, the new rule language made it unclear 
what the continuing requirements are for turbopropeller powered 
airplanes with more than 30 seats. These airplanes have been required 
to have third attitude indicators since October 1994. Therefore 
Sec. 121.305(j) would be revised to clarify the requirements for each 
size of airplane.
    11. Two changes are necessary to address compliance with the 
emergency lighting and marking requirements in Sec. 121.310 by 
operators of 10-19 seat aircraft that are affected by the commuter 
rule.
    First, paragraph (b)(1) of Sec. 121.310 requires that the identity 
and location of each passenger emergency exit must be

[[Page 5080]]

marked so that the exit is recognizable from a distance equal to the 
width of the cabin and that the location of the exit must be indicated 
by a sign visible to occupants approaching along the main passenger 
aisle. (A passenger is considered to be ``approaching along the main 
aisle'' when that passenger rises from the seat and steps into the 
aisle.) Paragraph (b)(1)(i) requires that one of the locating signs 
must be on the ceiling of the cabin. Most of the 10-19 seat airplanes 
used by operators subject to the commuter rule do not have locating 
signs on the ceiling, but have been allowed to use two-dimensional 
signs mounted flush to the cabin sidewalls. The FAA did not 
specifically address this issue in the preamble to the commuter rule, 
but has recently learned that compliance with the requirements of 
Sec. 121.310(b)(1) by March 20, 1997, will be impossible, because 
complying signs have not been designed or manufactured for those 
airplanes. Therefore the FAA proposes to allow 2 years from the date of 
the final rule for this NPRM for the affected operators to install 
emergency exit locating signs that comply with Sec. 121.310(b)(1). The 
additional 2 years for compliance would be granted to both in-service 
10-19 seat airplanes and newly manufactured 10-19 seat airplanes. The 
simplest means of complying would be to replace the two-dimensional 
signs with beveled or three-dimensional signs that can be read easily 
at the cabin extremes; that type of sign would function to both 
identify and locate the corresponding exit.
    Second, Sec. 121.310(b)(2) identifies the certification 
requirements for passenger emergency exit marking and locating signs. 
The FAA intended that the airplanes used by commuter operators who are 
transitioning to part 121 would continue to meet the certification 
standards in the type certificate for each airplane. However, the 
requirements of Sec. 121.310(b)(2) were based on the dates of the 
application for airplane type certification as they related to 
requirements for transport category airplanes; therefore it is 
necessary to add a new subparagraph that provides for the 10-19 seat 
nontransport category airplanes that will be operated under part 121. 
The proposal would add a subparagraph (b)(2)(iii) to address the 10-19 
passenger seat nontransport category airplanes. Similar to subparagraph 
(b)(2)(i), it would mandate the sign luminescence be 160 microlamberts 
at the time of manufacture; it would also prohibit the use of a sign in 
service if the luminescence decreases to below 100 microlamberts. 
Proposed subparagraph (b)(2)(iii) should provide adequate levels of 
luminescence; the signs would have the same brightness as signs in some 
transport category airplanes currently manufactured and currently 
operated under part 121, which have longer distances between exits than 
the 10-19 passenger seat airplanes.
    The final rule for this NPRM will contain references to these 
changes to Sec. 121.310 in a revised version of ``Table 1--Summary of 
New Equipment and Performance Modifications for Affected Commuters'' 
from the commuter rule and in a revised version of Appendix L to part 
121.
    12. Section 121.333(c) would be amended to correct an omission 
concerning the use of quick-donning oxygen masks at flight levels above 
250 as a substitute for having one pilot at the controls wear and use 
an oxygen mask at all times. For pressurized turbine engine powered 
airplanes, Sec. 121.333(c) has allowed the availability of a quick-
donning mask to be a substitute for wearing and using a mask at all 
times at or below flight level 410. However, under Sec. 135.89(b)(3) at 
least one pilot at the controls of a pressurized airplane is required 
at altitudes above flight level 350 to wear and use an oxygen mask at 
all times. For those 10-30 passenger aircraft that will be operating 
under part 121 as a result of the commuter rule amendments, flight 
level 350 rather than flight level 410 would continue to be the 
appropriate altitude at which at least one pilot at the controls would 
be required to wear an oxygen mask at all times. Since the commuter 
rule was not intended to relax this requirement, the FAA proposes to 
amend Sec. 121.333(c) to incorporate the requirements of 
Sec. 135.89(b)(3) for airplanes with less than 31 seats, excluding any 
required crewmember seat and a payload capacity of 7,500 pounds. Since 
affected operators are already complying with the part 135 requirement, 
this proposed change would not impose any additional burden.
    13. Section 121.437 would be amended to eliminate a redundancy that 
was created by an earlier corrective amendment and by adding a new 
sentence that would have the effect of codifying an existing exemption 
that has been in effect since 1980.
    By letter dated January 28, 1980, the Air Transport Association 
petitioned the FAA for an exemption from Sec. 121.437(b) to allow its 
members and pilots to continue to be issued category and class ratings 
by presenting proof of compliance with the training requirements of 
subpart N of part 121 and the proficiency check requirements of 
Sec. 121.441 after July 1, 1980. A summary of the petition was 
published in the Federal Register on February 28, 1980, and no comments 
were received. Grant of Exemption No. 2965 was signed on April 23, 
1980, allowing a pilot employed by a part 121 certificate holder as a 
flight crewmember to be issued additional category and class ratings to 
the pilot's certificate if the pilot has satisfactorily completed the 
appropriate training requirements of subpart N and the proficiency 
check requirements of Sec. 121.441 by presenting proof of this to the 
Administrator. Exemption No. 2965 has been extended 9 times; the 
current exemption is No. 2965I which expires on July 31, 1997.
    By letter dated August 15, 1983, the ATA petitioned the FAA to 
codify the relief provided in Exemption No. 2965 by amending 
Sec. 121.437. A summary of the petition was published in the Federal 
Register on September 29, 1983, and one comment was received. The Air 
Line Pilots Association commented that if additional category and class 
ratings are obtained in this way, that the proficiency check should be 
administered by an FAA inspector or designated examiner.
    The FAA partially agrees with ALPA that FAA inspectors or designees 
should either observe or conduct a portion of all required proficiency 
checks. In fact, as a matter of day to day operation, FAA approved work 
programs mandate that a certain percentage of those proficiency checks 
be observed by FAA inspectors during routine training program 
surveillance. Over the 16 years that the exemption has been in effect, 
the FAA has noted no derogation of safety. In this light and since the 
FAA does not have the resources to conduct each proficiency check 
required by the rule, the FAA proposes to codify Exemption 2965 into 
Sec. 121.437.

Corrections to Tables

    Table 2, Comparable Sections in Parts 121 and 135, originally 
published in the Federal Register on December 20, 1995 (60 FR 65850), 
and January 26, 1996 (61 FR 2618), is corrected and republished below.
    Tables 3 and 4, the Derivation and Distribution Tables for Part 
119, originally published in the Federal Register on December 20, 1995 
(60 FR 65888-91), and January 26, 1996 (61 FR 2619), are corrected and 
republished below.

[[Page 5081]]



                                                   Table 2.--Comparable Sections in Parts 121 and 135                                                   
[This table shows the comparable sections in parts 121 and 135 by issue. Affected commuters, however, must comply with all sections in part 121 that are
                         applicable to their operations, not just the ones listed in this table or discussed in this preamble.]                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Subject                                          135 Section                                        121 Section                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121, Subparts E and F--Approval of Routes:     135.213..........................................  121.97, 121.99, 121.101, 121.107.                
 Domestic, Flag, and Supplemental Operations.                                                                                                           
Part 121, Subpart G--Manual Requirements:                                                                                                               
    Contents and personnel........................  135.21, .23......................................  121.133, .135, 121.137                           
    Airplane flight manual........................  .................................................  121.141                                          
Part 121, Subpart I--Airplane Performance           135.365-.387.....................................  121.175-.197.                                    
 Operating Limitations.                                                                                                                                 
Part 121, Subpart J--Special Airworthiness                                                                                                              
 Requirements:                                                                                                                                          
    Internal doors................................  .................................................  121.217.                                         
    Cargo carried in the passenger compartment....  135.87...........................................  121.285.                                         
    Landing gear aural warning device.............  135 APP A, Sec. 30...............................  121.289.                                         
    Emergency evacuation and ditching               .................................................  121.291.                                         
     demonstration.                                                                                                                                     
    New special airworthiness requirements                                                                                                              
     (retrofit) and requirements applicable to                                                                                                          
     future manufactured airplanes:                                                                                                                     
        Ditching emergency exits..................  .................................................  121.293(a) (new).                                
        Takeoff warning system....................  .................................................  121.293(b) (new).                                
Part 121, Subpart K--Instrument and Equipment       135.149..........................................  121.305(j).                                      
 Requirements.                                                                                                                                          
    Third attitude indicator......................  .................................................  121.308.                                         
    Lavatory fire protection......................  135.177(b).......................................  121.309(b).                                      
    Emergency equipment inspection................  135.155..........................................  121.309(c).                                      
    Hand-held fire extinguishers..................  135.177(a)(1)....................................  121.309(d).                                      
    First aid kits and medical kits...............  135.177(a)(2)....................................  121.309(e).                                      
    Crash ax......................................  135.178(c)-(h)...................................  121.310(c)-(h).                                  
    Emergency evacuation lighting and marking       135.117..........................................  121.311(e).                                      
     requirements.                                                                                                                                      
    Seatbacks.....................................  135.171..........................................  121.311(f).                                      
    Seatbelt and shoulder harnesses on the flight   135.169(a).......................................  121.312(b).                                      
     deck.                                                                                                                                              
    Interior materials and passenger seat cushion   .................................................  121.313(c).                                      
     flammability.                                                                                                                                      
    Miscellaneous equipment.......................  .................................................  121.313(f)-(g), 121.587.                         
    Cockpit doors and door keys...................  .................................................  121.314, .221.                                   
    Cargo and baggage compartments................  .................................................  121.316.                                         
    Fuel tank access covers.......................  135.127..........................................  121.317.                                         
    Passenger information.........................  135.159..........................................  121.323.                                         
    Instruments and equipment for operations at     135.157..........................................  121.327-.335.                                    
     night.                                                                                                                                             
    Oxygen requirements...........................  .................................................  121.333(d).                                      
    Portable oxygen for flight attendants.........  .................................................  121.337.                                         
    Protective breathing equipment (PBE)..........  135.167..........................................  121.339.                                         
    Emergency equipment for extended overwater      .................................................  121.340.                                         
     operations.                                                                                                                                        
    Flotation devices.............................  135.158..........................................  121.342.                                         
    Pitot heat indication system..................  135.161..........................................  121.345-.351.                                    
    Radio equipment...............................  135.177, .178....................................  121.353.                                         
    Emergency equipment for operations over         135.180..........................................  121.356.                                         
     uninhabited terrain.                                                                                                                               
    TCAS..........................................  135.152..........................................  121.343.                                         
    Flight data recorders.........................  135.173, .175....................................  121.357.                                         
    Airborne weather radar........................  135.151..........................................  121.359.                                         
    Cockpit voice recorders.......................  .................................................  121.358.                                         
    Low-altitude windshear systems................  135.153..........................................  121.360.                                         
    Ground proximity warning system (GPWS)                                                                                                              
Part 121, Subpart L--Maintenance, Preventive                                                                                                            
 Maintenance, and Alterations:                                                                                                                          
    Applicability.................................  135.411(a)(2)....................................  121.361.                                         
    Responsibility for Airworthiness..............  135.413..........................................  121.363.                                         
    Maintenance, preventive maintenance, and        135.423, .425....................................  121.365, .367.                                   
     alteration organization.                                                                                                                           
    Manual requirements...........................  135.427..........................................  121.369.                                         
    Required inspection personnel.................  135.429..........................................  121.371.                                         
    Continuing analysis and surveillance..........  135.431..........................................  121.373.                                         
    Maintenance and preventative maintenance        135.433..........................................  121.375.                                         
     training programs.                                                                                                                                 
    Maintenance and preventative maintenance        .................................................  121.377.                                         
     personnel duty time limitations.                                                                                                                   
    Certificate requirements......................  135.435..........................................  121.378.                                         
    Authority to perform and approve maintenance,   135.437..........................................  121.379.                                         
     preventative maintenance, and alterations.                                                                                                         
    Maintenance recording requirements............  135.439..........................................  121.380.                                         
    Transfer of maintenance records...............  135.441..........................................  121.380a.                                        
Part 121, Subpart M--Airman and Crewmember                                                                                                              
 Requirements:                                                                                                                                          
    Flight attendant complement...................  135.107..........................................  121.391.                                         
    Flight attendants being seated during movement  135.128(a).......................................  121.391(d).                                      
     on the surface.                                                                                                                                    
    Flight attendants or other qualified personnel  .................................................  121.391(e), 121.417, 121.393 (new).              
     at the gate.                                                                                                                                       
Part 121, Subparts N and O--Training Program and    135.291-135.353..................................  121.400-121.459.                                 
 Crewmember Requirements.                                                                                                                               

[[Page 5082]]

                                                                                                                                                        
Part 121, Subpart P--Aircraft Dispatcher            .................................................  121.461-121.465.                                 
 Qualifications and Duty Time Limitations:                                                                                                              
 Domestic and Flag Air Carriers.                                                                                                                        
Part 121, Subparts Q, R, and S--Flight Time         135.261-135.273..................................  121.470-121.525.                                 
 Limitations and Rest Requirements: Domestic,                                                                                                           
 Flag, and Supplemental Operations.                                                                                                                     
Part 121, Subpart T--Flight Operations:                                                                                                                 
    Operational control...........................  135.77, .79......................................  121.533, .535, 121.537.                          
    Admission to the flight deck..................  135.75...........................................  121.547.                                         
    Emergency procedures..........................  135.19, .69......................................  121.551, .553, 121.557, .559 121.565 (new).      
    Passenger information.........................  135.117, .127....................................  121.571(a), 121.573, 121.585.                    
    Oxygen for medical use by passengers..........  135.91...........................................  121.574.                                         
    Alcoholic beverages...........................  135.121..........................................  121.575.                                         
    Retention of items of mass....................  135.87, .122.....................................  121.576, .577.                                   
    Cabin ozone concentration.....................  .................................................  121.578(b).                                      
    Minimum altitudes for use of autopilot........  135.93...........................................  121.579.                                         
    Forward observer's seat.......................  135.75...........................................  121.581.                                         
    Authority to refuse transportation............  135.23(q)........................................  121.586.                                         
    Carry-on baggage..............................  135.87...........................................  121.589.                                         
    Airports......................................  135.229..........................................  121.590.                                         
Part 121, Subpart U--Dispatching and Flight                                                                                                             
 Release Rules:                                                                                                                                         
    Flight release authority......................  .................................................  121.597.                                         
    Dispatch or flight release under VFR..........  .................................................  121.611.                                         
    Operations in icing conditions................  135.227..........................................  121.629.                                         
    Fuel reserves.................................  135.209, .223....................................  121.639, .641, 121.643, .645.                    
Part 121, Subpart V--Records and Reports:                                                                                                               
    Maintenance log: Airplane.....................  135.65(c)........................................  121.701(a).                                      
    Mechanical reliability reports................  135.415..........................................  121.703.                                         
    Mechanical interruption summary report........  135.417..........................................  121.705(b).                                      
    Alteration and repair reports.................  135.439(a)(2)....................................  121.707.                                         
    Airworthiness release or airplane log entry...  135.443..........................................  121.709.                                         
    Other recordkeeping requirements..............  .................................................  121.711, .713, 121.715.                          
--------------------------------------------------------------------------------------------------------------------------------------------------------


                 Table 3.--Derivation Table for Part 119                
------------------------------------------------------------------------
           New Section                            Based on              
------------------------------------------------------------------------
Subpart A:                                                              
    119.1(a).....................  New language.                        
    119.1(b).....................  SFAR 38-2, Section 1(a).             
    119.1(c).....................  New language.                        
    119.1(d).....................  New language.                        
    119.1(e).....................  New language.                        
    119.2........................  New language.                        
    119.3........................  SFAR 38-2, Section 6 and new         
                                    language.                           
    119.5(a).....................  SFAR 38-2, Section 2(a).             
    119.5(b).....................  SFAR 38-2, Section 2(b).             
    119.5(c).....................  New language.                        
    119.5(d).....................  SFAR 38-2, Section 1(a)(3).          
    119.5(e).....................  SFAR 38-2, Section 1(a)(3).          
    119.5(f).....................  SFAR 38-2, Section 1(b).             
    119.5(g).....................  SFAR 38-2, Section 1(c), 121.4,      
                                    135.7.                              
    119.5(h).....................  SFAR 38-2, Flush paragraph following 
                                    Section 1(a)(3) and new language.   
    119.5(i).....................  121.27(a)(1), 121.51(a)(1),          
                                    135.13(a)(3).                       
    119.5(j).....................  135.33.                              
    119.5(k).....................  135.31.                              
    119.7(a).....................  SFAR 38-2, Section 3.                
    119.7(b).....................  121.23, 121.43.                      
    119.9(a).....................  135.29.                              
    119.9(b).....................  New language.                        
Subpart B:                                                              
    119.21(a)....................  SFAR 38-2, Section 4(a), 121.3,      
                                    121.5.                              
    119.21(b)....................  SFAR 38-2, Section 4(b).             
    119.21(c)....................  New language.                        
    119.23(a)....................  SFAR 38-2, Section 5(a).             
    119.23(b)....................  SFAR 38-2, Section 5(b).             
    119.25(a)....................  SFAR 38-2, Section 4(c), 5 (c), and  
                                    (d) and new language.               
    119.25(b)....................  SFAR 38-2, Section 4(c), 5 (c), and  
                                    (d) and new language.               
Subpart C:                                                              
    119.31.......................  SFAR 38-2, Section 1(c), 2 (a) and   
                                    (b), 121.3, and 135.5.              

[[Page 5083]]

                                                                        
    119.33(a)....................  SFAR 38-2, Section 1(c), 2 (a) and   
                                    (b), 3, 121.3, 135.5, 135.13(a).    
    119.33(b)....................  SFAR 38-2, Section 1(c), 2 (a) and   
                                    (b), 3, 121.3, 135.5, 135.13(a).    
    119.33(c)....................  SFAR 38-2, Section 1(c), 2 (a) and   
                                    (b), 3, 121.3, 135.5, 135.13(a).    
    119.35(a)....................  121.26, 121.47(a), 135.11(a).        
    119.35(b)....................  121.26, 121.47(a), 135.11(a).        
    119.36(a)....................  121.47(a).                           
    119.36(b)....................  121.47(b).                           
    119.36(c)....................  121.47(c).                           
    119.36(d)....................  121.47(d).                           
    119.36(e)....................  121.48.                              
    119.36(f)....................  121.49.                              
    119.37(a)....................  121.25(a), 121.45(a), 135.11(b)(1)   
                                    and new language.                   
    119.37(b)....................  121.25(a), 121.45(a), 135.11(b)(1)   
                                    and new language.                   
    119.37(c)....................  121.25(a), 121.45(a), 135.11(b)(1)   
                                    and new language.                   
    119.37(d)....................  121.25(a), 121.45(a), 135.11(b)(1)   
                                    and new language.                   
    119.37(e)....................  121.25(a), 121.45(a), 135.11(b)(1)   
                                    and new language.                   
    119.39(a)....................  121.27(a)(2), 121.51(a)(3),          
                                    135.11(b)(1).                       
    119.39(b)....................  121.27(a)(2), 121.51, 135.13 (a)(2)  
                                    and (b).                            
    119.41(a)....................  121.77(a), 135.15(a).                
    119.41(b)....................  New language.                        
    119.41(c)....................  121.77(b), 135.15(b).                
    119.41(d)....................  121.77(c), 135.15(b).                
    119.43(a)....................  121.75(b), 135.63(a)(2).             
    119.43(b)....................  121.75(b), 135.63(a)(2).             
    119.43(c)....................  121.75(a), 135.81.                   
    119.47(a)....................  135.27(a).                           
    119.47(b)....................  121.83, 135.27(b).                   
    119.49(a)....................  121.5, 121.25(b), 121.45(b),         
                                    135.11(b), and new language.        
    119.49(b)....................  121.45(b), 135.11(b)(1) and new      
                                    language.                           
    119.49(c)....................  135.11(b)(1) and new language.       
    119.51(a)....................  121.79(a), 135.17(a).                
    119.51(b)....................  121.79(b), 135.17(d).                
    119.51(c)....................  121.79(c), 135.17(b), and new        
                                    language.                           
    119.51(d)....................  121.79(d), 135.17 (c) and (d).       
    119.51(e)....................  121.79(b), 135.17 (c) and (d).       
    119.53(a)....................  121.6(a).                            
    119.53(b)....................  New language.                        
    119.53(c)....................  121.6(b).                            
    119.53(d)....................  121.6(c).                            
    119.53(e)....................  New language.                        
    119.53(f)....................  New language.                        
    119.55(a)....................  121.57 (a) and (b).                  
    119.55(b)....................  121.57 (a) and (b).                  
    119.55(c)....................  121.57 (a) and (b).                  
    119.55(d)....................  121.57 (a) and (b).                  
    119.55(e)....................  121.57 (a) and (b).                  
    119.57(a)....................  121.57(c).                           
    119.57(b)....................  New language.                        
    119.58(a)....................  135.19(b).                           
    119.58(b)....................  135.19(a).                           
    119.58(c)....................  135.19(c).                           
    119.59(a)....................  121.81(a), 135.73, and new language. 
    119.59(b)....................  121.73, 121.81(a), 135.63(a), 135.73,
                                    and new language.                   
    119.59(c)....................  121.81(a).                           
    119.59(d)....................  New language.                        
    119.59(e)....................  New language.                        
    119.59(f)....................  New language.                        
    119.61(a)....................  121.29(a), 121.53 (a), (c), and (d), 
                                    135.9(a).                           
    119.61(b)....................  121.29(a), 121.53(c), and new        
                                    language.                           
    119.61(c)....................  135.35.                              
    119.63(a)....................  New language.                        
    119.63(b)....................  New language.                        
    119.65(a)....................  121.59(a).                           
    119.65(b)....................  121.59(b).                           
    119.65(c)....................  121.59(b).                           
    119.65(d)....................  121.61 and new language.             
    119.65(e)....................  121.59(c).                           
    119.67(a)....................  121.61(a) and new language.          
    119.67(b)....................  121.61(b) and new language.          
    119.67(c)....................  121.61(c), 135.39(c) and new         
                                    language.                           
    119.67(d)....................  121.61(d) and new language.          
    119.67(e)....................  121.61(b), 135.39(d).                

[[Page 5084]]

                                                                        
    119.69(a)....................  135.37(a).                           
    119.69(b)....................  121.59(b), 135.37(b).                
    119.69(c)....................  121.59(b).                           
    119.69(d)....................  135.39 and new language.             
    119.69(e)....................  121.59, 135.37(c).                   
    119.71(a)....................  135.39(a)(1) and new language.       
    119.71(b)....................  135.39(a)(2) and new language.       
    119.71(c)....................  135.39(b)(1) and new language.       
    119.71(d)....................  135.39(b)(2) and new language.       
    119.71(e)....................  135.39(c) and new language.          
    119.71(f)....................  135.39(d) and new language.          
------------------------------------------------------------------------


   Table 4.--Distribution Table for Part 121, Part 135, and SFAR 38-2   
                   Sections Being Replaced by Part 119                  
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Part 121:                          Replaced by:                         
    121.3........................  119.21(a); 119.31; 119.33.           
    121.4........................  119.5(g).                            
    121.5........................  119.21(a).                           
    121.6(a).....................  119.53(a).                           
    121.6(b).....................  119.53(c).                           
    121.6(c).....................  119.53(d).                           
    121.7........................  119.21.                              
    121.9........................  Deleted.                             
    121.13.......................  119.25.                              
    121.21.......................  119.1.                               
    121.23.......................  119.7(b).                            
    121.25(a)....................  119.37 (a), (b), (c), (d), (f), and  
                                    (g).                                
    121.25(b)....................  119.49(a).                           
    121.26.......................  119.35 (a) and (b).                  
    121.27(a)(1).................  119.5(i).                            
    121.27(a)(2).................  119.39 (a) and (b)                   
    121.29(a)....................  119.61 (a) and (b).                  
    121.41.......................  119.1.                               
    121.43.......................  119.7(b).                            
    121.45(a)....................  119.37 (a), (b), (c), (d), (e), (f), 
                                    and (g).                            
    121.45(b)....................  119.49 (a) and (b).                  
    121.47(a)....................  119.35(a), (b); 119.36(a).           
    121.47(b)....................  119.36(b).                           
    121.47(c)....................  119.36(c).                           
    121.47(d)....................  119.36(d).                           
    121.48.......................  119.36(e).                           
    121.49.......................  119.36(f).                           
    121.51.......................  119.39(b).                           
    121.51(a)(1).................  119.5(i).                            
    121.51(a)(3).................  119.39(a).                           
    121.53(a)....................  119.61(a).                           
    121.53(c)....................  119.61 (a) and (b).                  
    121.53(d)....................  119.61(a).                           
    121.55.......................  Deleted.                             
    121.57(a)....................  119.55 (a), (b), (c), (d), and (e).  
    121.57(b)....................  119.55 (a), (b), (c), (d), and (e).  
    121.57(c)....................  119.57(a).                           
    121.59.......................  119.69(e).                           
    121.59(a)....................  119.65(a).                           
    121.59(b)....................  119.65 (b) and (c); 119.69 (b) and   
                                    (c).                                
    121.59(c)....................  119.65(e).                           
    121.61.......................  119.65(d).                           
    121.61(a)....................  119.67(a).                           
    121.61(b)....................  119.67 (b) and (e).                  
    121.61(c)....................  119.67(c).                           
    121.61(d)....................  119.67(d).                           
    121.71.......................  119.1.                               
    121.73.......................  119.59(b).                           
    121.75(a)....................  119.43(c).                           
    121.75(b)....................  119.43 (a) and (b).                  
    121.77(a)....................  119.41(a).                           
    121.77(b)....................  119.41(c).                           
    121.77(c)....................  119.41(d).                           
    121.79(a)....................  119.51(a).                           
    121.79(b)....................  119.51 (b) and (e).                  
    121.79(c)....................  119.51(c).                           

[[Page 5085]]

                                                                        
    121.79(d)....................  119.51(d).                           
    121.81(a)....................  119.59 (a), (b), and (c).            
    121.83.......................  119.47(b).                           
Part 135:                          Replaced by:                         
    135.5........................  119.31; 119.33 (a), (b), and (c).    
    135.7........................  119.5(g).                            
    135.9(a).....................  119.61(a).                           
    135.11(a)....................  119.35 (a) and (b).                  
    135.11(b)....................  119.49(a).                           
    135.11(b)(1).................  119.37 (a), (b), (c), (d), (e), (f), 
                                    and (g); 119.39(a); 119.49 (b) and  
                                    (c).                                
    135.13(a)....................  119.33 (a), (b), and (c).            
    135.13(a)(2).................  119.39(b).                           
    135.13(a)(3).................  119.5(i).                            
    135.13(b)....................  119.39(b).                           
    135.15(a)....................  119.41(a).                           
    135.15(b)....................  119.41(b).                           
    135.15(d)....................  119.41(d).                           
    135.17(a)....................  119.51(a).                           
    135.17(b)....................  119.51(c).                           
    135.17(c)....................  119.51 (d) and (e).                  
    135.17(d)....................  119.51 (b), (d), and (e).            
    135.19.......................  119.58.                              
    135.27(a)....................  119.47(a).                           
    135.27(b)....................  119.47(b).                           
    135.29.......................  119.9(a).                            
    135.31.......................  119.5(k).                            
    135.33.......................  119.5(j).                            
    135.35.......................  119.61(c).                           
    135.37(a)....................  119.69(a).                           
    135.37(b)....................  119.69(b).                           
    135.37(c)....................  119.69(e).                           
    135.39.......................  119.69(d).                           
    135.39(a)(1).................  119.71(a).                           
    135.39(a)(2).................  119.71(b).                           
    135.39(b)(1).................  119.71(c).                           
    135.39(b)(2).................  119.71(d).                           
    135.39(c)....................  119.67(c); 119.71(e).                
    135.39(d)....................  119.67(e); 119.71(f).                
    121.63(a)....................  119.59(b).                           
    121.63(a)(2).................  119.43 (a) and (b).                  
    121.73.......................  119.59 (a) and (b).                  
    121.81.......................  119.43(c).                           
SFAR 38-2:                         Replaced by:                         
    Section 1(a).................  119.1(b).                            
    Section 1(a)(3)..............  119.5 (d) and (e); 119.5(h).         
    Section 1(b).................  119.5(f).                            
    Section 1(c).................  119.5(g); 119.31; 119.33 (a), (b),   
                                    and (c).                            
    Section 2(a).................  119.5(a); 119.31; 119.33 (a), (b),   
                                    and (c).                            
    Section 2(b).................  119.5(b); 119.31; 119.33 (a), (b),   
                                    and (c).                            
    Section 2(c).................  129.1.                               
    Section 3....................  119.7(a); 119.33 (a), (b), and (c).  
    Section 4(a).................  119.21(a).                           
    Section 4(b).................  119.21(b).                           
    Section 4(c).................  119.25 (a) and (b).                  
    Section 4(d).................  119.25 (a) and (b).                  
    Section 5(a).................  119.23(a).                           
    Section 5(b).................  119.23 (b).                          
    Section 5(c).................  119.25 (a) and (b).                  
    Section 5(d).................  119.25 (a) and (b).                  
    Section 6....................  119.3.                               
------------------------------------------------------------------------

Federalism Implications

    The proposed regulations do not have substantial direct effects on 
the states, on the relationship between national government and the 
states, or on the distribution of power and responsibilities among 
various levels of government. Thus, in accordance with Executive Order 
12612, it is determined that such a regulation does not have federalism 
implications warranting the preparation of a Federalism Assessment.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), there are no new requirements for information collection 
associated with this proposed rule.

Conclusion

    The FAA has determined that this proposed regulation would impose 
no additional burden on any person. Accordingly, it has been determined 
that the action: (1) Is not a significant

[[Page 5086]]

rule under Executive Order 12866; and (2) is not a significant rule 
under Department of Transportation Regulatory Policies and Procedures 
(44 FR 11034; February 26, 1979). No cost impact is expected to result 
and a full regulatory evaluation is not required. In addition, the FAA 
certifies that the proposed rule would not have a significant cost 
impact, positive or negative, on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act.

List of Subjects

14 CFR Part 21

    Aircraft, Aviation safety, Exports, Imports, Reporting and 
recordkeeping requirements.

14 CFR Part 25

    Air transportation, Aircraft, Aviation safety, Safety, Gusts.

14 CFR Part 91

    Agriculture, Air traffic control, Aircraft, Airmen, Airports, 
Aviation safety, Freight, Noise control, Political candidates, 
Reporting and recordkeeping requirements.

14 CFR Part 119

    Administrative practice and procedures, Air carriers, Air taxis, 
Aircraft, Aviation safety, Charter flights, Commuter operations, 
Reporting and recordkeeping requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, 
Reporting and recordkeeping requirements.

14 CFR Part 125

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 135

    Aircraft, Airplanes, Airworthiness, Air transportation.

The Proposed Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend Title 14 CFR parts 21, 25, 91, 119, 
121, 125, and 135 as follows:

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

    1. The authority citation for part 21 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 
44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.


Sec. 21.431  [Amended]

    2. Section 21.431 is amended in paragraph (b) by removing the 
parenthetical ``(except air taxi operators)''.

PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES

    3. The authority citation for part 25 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, and 44704.


Sec. 25.1303  [Amended]

    4. Section 25.1303(b)(4) is amended by removing the reference to 
``Sec. 121.305(j)'' and adding in place thereof a reference to 
``Sec. 121.305(k).''

PART 91--GENERAL OPERATING AND FLIGHT RULES

    5. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111, 
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.

    6. Section 91.23 is amended by revising paragraph (b)(i)(ii) to 
read as follows:


Sec. 91.23  Truth-in-leasing clause requirement in leases and 
conditional sales contracts.

* * * * * *
    (b) * * *
    (1) * * *
    (ii) the party furnishing the aircraft is a foreign air carrier or 
a person operating under part 121, 125, and 141 of this chapter, or a 
person operating under part 135 of this chapter having authority to 
engage in on-demand operations with large aircraft.
    7. Section 91.323 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 91.323  Increased maximum certificated weights for certain 
airplanes operated in Alaska.

    (a) * * *
    (1) A certificate holder conducting operations under part 121 or 
part 135 of this chapter; or
* * * * * *

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

    8. The authority citation for part 119 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40102, 40103, 44105, 
44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 
44914, 44936, 44938, 46103, 46105.

    9. Section 119.3 is amended by revising paragraph (1) introductory 
text of the definition for ``on-demand operation,'' by revising the 
definition for ``scheduled operation,'' and by revising paragraph (2) 
of the definition of ``supplemental operation'' to read as follows:


Sec. 119.3  Definitions.

* * * * * *
    On-demand operation means * * *
    (1) Passenger-carrying operations conducted as a public charter 
under part 380 of this title or any operations in which the departure 
time, departure location, and arrival location are specifically 
negotiated with the customer or the customer's representative that are 
any of the following types of operations:
* * * * * *
    Scheduled operation means any common carriage passenger-carrying 
operation for compensation or hire conducted by an air carrier or 
commercial operator for which the certificate holder or its 
representative offers in advance the departure location, departure 
time, and arrival location. It does not include any passenger-carrying 
operation that is conducted as a public charter operation under part 
380 of this title.
* * * * * *
    Supplemental operation * * *
    (2) Types of operation:
    (i) Operations for which the departure time, departure location, 
and arrival location are specifically negotiated with the customer or 
the customer's representative;
    (ii) All-cargo operations; or
    (iii) Passenger-carrying public charter operations conducted under 
part 380 of this title.
* * * * * *
    10. Section 119.5 is amended by adding paragraph (k) and (l) to 
read as follows:


Sec. 112.5  Certifications, authorizations, and prohibitions.

* * * * * *
    (k) No person may advertise or otherwise offer to perform an 
operation subject to this part unless that person is authorized by the 
Federal Aviation Administration to conduct that operation.
    (l) No person may operate an aircraft under this part, part 121 of 
this chapter, or part 135 or this chapter in violation of an air 
carrier operating certificate, operating certificate, or appropriate 
operations specifications issued under this part.
    11. Section 119.9(b) is revised to read as follows:

[[Page 5087]]

Sec. 119.9  Use of business names.

* * * * * *
    (b) No person may operate an aircraft under part 121 or part 135 of 
this chapter unless that name of the certificate holder who is 
operating the aircraft, or the air carrier or operating certificate 
number of the certificate holder who is operating the aircraft, is 
legibly displayed on the aircraft and is clearly visible and readable 
from the outside of the aircraft to a person standing on the ground at 
any time except during flight time. The means of displaying the name on 
the aircraft and its readability must be acceptable to the 
Administrator.
    12. Section 119.21 is amended by revising the heading and paragraph 
(a)(1) to read as follows:


Sec. 119.21  Commercial operators engaged in intrastate common carriage 
and direct air carriers.

    (a) * * *
    (1) Domestic operations in accordance with the applicable 
requirements of part 121 of this chapter, and shall be issued 
operations specifications for those operations in accordance with those 
requirements. However, based on a showing of safety in air commerce, 
the Administrator may permit persons who conduct domestic operations 
between any point located within any of the following Alaskan islands 
and any point in the State of Alaska to comply with the requirements 
applicable to flag operations contained in subpart U of part 121 of 
this chapter;
    (i) The Aleutian Islands.
    (ii) The Pribilof Islands.
    (iii) The Shumagin Islands.
* * * * *
    13. Section 119.35 is revised to read as follows:


Sec. 119.35  Certificate application: All operators.

    (a) A person applying to the Administrator for an Air Carrier 
Certificate or Operating Certificate under this part (applicant) must 
submit an application--
    (1) In a form and manner prescribed by the Administrator; and
    (2) Containing any information the Administrator requires the 
applicant to submit.
    (b) Each applicant must submit the application to the Administrator 
at least 90 days before the date of intended operation.
    14. Section 119.36 is added to read as follows:


Sec. 119.36  Additional certificate application requirements for 
commercial operators.

    (a) Each applicant for the original issue of an operating 
certificate for the purpose of conducting intrastate common carriage 
operations under part 121 or part 135 of this chapter must submit an 
application in a form and manner prescribed by the Administrator to the 
Flight Standards District Office in whose area the applicant proposes 
to establish or has established his or her principal base of 
operations.
    (b) Each application submitted under paragraph (a) of this section 
must contain a signed statement showing the following:
    (1) For corporate applicants:
    (i) The name and address of each stockholder who owns 5 percent or 
more of the total voting stock of the corporation, and if that 
stockholder is not the sole beneficial owner of the stock, the name and 
address of each beneficial owner. And individual is considered to own 
the stock owned, directly or indirectly, by or for his or her spouse, 
children, grandchildren, or parents.
    (ii) The name and address of each director and each officer and 
each person employed or who will be employed in a management position 
described in Secs. 119.65 and 119.69, as applicable.
    (iii) The name and address of each person directly or indirectly 
controlling or controlled by the applicant and each person under direct 
or indirect control with the applicant.
    (2) For non-corporate applicants:
    (i) The name and address of each person having a financial interest 
therein and the nature and extent of that interest.
    (ii) The name and address of each person employed or who will be 
employed in a management position described in Secs. 119.65 and 119.69, 
as applicable.
    (c) In addition, each applicant for the original issue of an 
operating certificate under paragraph (a) of this section must submit 
with the application a signed statement showing--
    (1) The nature and scope of its intended operation, including the 
name and address of each person, if any, with whom the applicant has a 
contract to provide services as a commercial operator and the scope, 
nature, date, and duration of each of those contracts; and
    (2) For applicants intending to conduct operations under part 121 
of this chapter, the financial information listed in paragraph (e) of 
this section.
    (d) Each applicant for, or holder of, a certificate issued under 
paragraph (a) of this section, shall notify the Administrator within 10 
days after--
    (1) A change in any of the persons, or the names and addresses of 
any of the persons, submitted to the Administrator under paragraph 
(b)(1) or (b)(2) of this section; or
    (2) For applicants intending to conduct operations under part 121 
of this chapter, a change in the financial information submitted to the 
Administrator under paragraph (e) of this section that occurs while the 
application for the issue is pending before the FAA and that would make 
the applicant's financial situation substantially less favorable than 
originally reported.
    (e) Each applicant for the original issue of an operating 
certificate under paragraph (a) of this section who intends to conduct 
operations under part 121 of this chapter must submit the following 
financial information:
    (1) A balance sheet that shows assets, liabilities, and net worth, 
as of a date not more than 60 days before the date of application.
    (2) An itemization of liabilities more than 60 days past due on the 
balance sheet date, if any, showing each creditor's name and address, a 
description of the liability, and the amount and due date of the 
liability.
    (3) An itemization of claims in litigation, if any, against the 
applicant as of the date of application showing each claimant's name 
and address and a description and the amount of the claim.
    (4) A detailed projection of the proposed operation covering 6 
complete months after the month in which the certificate is expected to 
be issued including--
    (i) Estimated amount and source of both operating and nonoperating 
revenue, including identification of its existing and anticipated 
income producing contracts and estimated revenue per mile or hour of 
operation by aircraft type;
    (ii) Estimated amount of operating and nonoperating expenses by 
expense objective classification; and
    (iii) Estimated net profit or loss for the period.
    (5) An estimate of the cash that will be needed for the proposed 
operations during the first 6 months after the month in which the 
certificate is expected to be issued, including--
    (i) Acquisition of property and equipment (explain);
    (ii) Retirement of debt (explain);
    (iii) Additional working capital (explain);
    (iv) Operating losses other than depreciation and amortization 
(explain); and
    (v) Other (explain).
    (6) An estimate of the cash that will be available during the first 
6 months

[[Page 5088]]

after the month in which the certificate is expected to be issued, 
from--
    (i) Sale of property or flight equipment (explain);
    (ii) New debt (explain);
    (iii) New equity (explain);
    (iv) Working capital reduction (explain);
    (v) Operations (profits) (explain);
    (vi) Depreciation and amortization (explain); and
    (vii) Other (explain).
    (7) A schedule of insurance coverage in effect on the balance sheet 
date showing insurance companies; policy numbers; types, amounts, and 
period of coverage; and special conditions, exclusions, and 
limitations.
    (8) Any other financial information that the Administrator requires 
to enable him or her to determine that the applicant has sufficient 
financial resources to conduct his or her operations with the degree of 
safety required in the public interest.
    (f) Each financial statement containing financial information 
required by paragraph (e) of this section must be based on accounts 
prepared and maintained on an accrual basis in accordance with 
generally accepted accounting principles applied on a consistent basis, 
and must contain the name and address of the applicant's public 
accounting firm, if any. Information submitted must be signed by an 
officer, owner, or partner of the applicant or certificate holder.
    15. Section 119.67 is amended by revising paragraphs (c), (d), and 
(e) to read as follows:


Sec. 119.67  Management personnel: Qualifications for operations 
conducted under part 121 of this chapter.

* * * * *
    (c) To serve as Director of Maintenance under Sec. 119.65(a) a 
person must--
    (1) Hold a mechanic certificate with airframe and powerplant 
ratings; and have held these ratings for at least 3 years;
    (2) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational 
control over maintenance program functions within maintenance 
operations conducted under part 121 or 135 of this chapter.
    (3) Have at least 1 year of experience in a position in which 
normal duties included returning airplanes to service;
    (4) In the case of a person becoming a Director of Maintenance--
    (i) For the first time ever, have at least 3 years experience 
within the past 6 years in one or a combination of the following--
    (A) Maintaining large airplanes with 10 or more passenger seats 
under part 121 or 135 of this chapter, including at the time of 
appointment as Director of Maintenance, experience in maintaining the 
same category and class of airplane as the certificate holder uses; or
    (B) Maintaining large airplanes in an airframe repair station, 
certificated under part 145 of this chapter, that is rated to maintain 
airplanes in the same category and class of airplane as the certificate 
holder uses.
    (ii) With previous experience as a Director of maintenance, have at 
least 3 years experience in one or a combination of the qualification 
standards under paragraph (c)(4)(i) (A) or (B) of this section.
    (d) To serve as Chief Inspector under Sec. 119.65(a) a person 
must--
    (1) Hold a mechanic certificate with both airframe and powerplant 
ratings, and have held these ratings for at least 3 years;
    (2) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational 
control over the inspection, quality control, or quality assurance 
functions within maintenance operations conducted under part 121 or 135 
of this chapter.
    (3) Have at least 1 year of experience in a position in which the 
normal duties included returning airplanes to service;
    (4) In the case of a person becoming a Chief Inspector--
    (i) For the first time ever, have at least 3 years experience 
within the past 6 years in one or a combination of the following--
    (A) Maintaining large airplanes with 10 or more passenger seats 
under part 121 or 135 of this chapter, including at the time of 
appointment as Chief Inspector, experience in inspection, quality 
control, or quality assurance functions for the same category and class 
of airplane as the certificate holder uses; or
    (B) Maintaining large airplanes in an airframe repair station 
certificated under part 145 of this chapter that is rated to maintain 
airplanes in the same category and class of airplane as the certificate 
holder uses.
    (ii) With previous experience as a Chief Inspector, have at least 3 
years experience in one or a combination of the qualification standards 
under paragraph (d)(4)(i) (A) or (B) of this section.
    (e) A certificate holder may request a deviation to employ a person 
who does not meet the appropriate airman experience, managerial 
experience, or supervisory experience requirements of this section if 
the Manager of the Air Transportation Division or the Manager of the 
Aircraft Maintenance Division of the FAA Flight Standards Service finds 
that the person has comparable experience, and can effectively perform 
the functions associated with the position in accordance with the 
Federal Aviation Regulations and the procedures outlined in the 
certificate holder's manual. Grants of deviation under this paragraph 
may be granted after consideration of the size and scope of the 
operation and the qualifications of the intended personnel. The 
Administrator may, at any time, terminate any grant of deviation 
authority issued under this paragraph.
    16. Section 119.71 is amended by revising the introductory text of 
paragraph (b), the introductory text of paragraph (d), paragraph (e), 
and the first sentence of paragraph (f) to read as follows:


Sec. 119.71  Management personnel: Qualifications for operations 
conducted under part 135 of this chapter.

* * * * *
    (b) To serve as Director of Operations under Sec. 119.69(a) for a 
certificate holder that only conducts operations for which the pilot in 
command is required to hold a commercial pilot certificate, a person 
must hold at least a commercial pilot certificate. If an instrument 
rating is required for any pilot in command for that certificate 
holder, the Director of Operations must also hold an instrument rating. 
In addition, the Director of Operations must either--
* * * * *
    (d) To serve as Chief Pilot under Sec. 119.69(a) for a certificate 
holder that only conducts operations for which the pilot in command is 
required to hold a commercial pilot certificate, a person must hold at 
least a commercial pilot certificate. If an instrument rating is 
required for any pilot in command for that certificate holder, the 
Chief Pilot must also hold an instrument rating. The Chief Pilot must 
be qualified to serve as pilot in command in at least one aircraft used 
in the certificate holder's operation. In addition, the Chief Pilot 
must:
* * * * *
    (e) To serve as Director of Maintenance under Sec. 119.69(a) a 
person must--
    (1) Hold a mechanic certificate with airframe and powerplant 
ratings, and have held these ratings for at least 3 years;
    (2) Have at least 3 years supervisory or managerial experience 
within the last 6 years in a position that exercised operational 
control over maintenance program functions within maintenance

[[Page 5089]]

operations conducted under part 121 or 135 of this chapter;
    (3) Have at least 1 year of experience in a position in which 
normal duties included returning airplanes to service;
    (4) In the case of a person becoming a Director of Maintenance--
    (i) For the first time ever, have at least 3 years experience 
within the past 6 years in one or a combination of the following--
    (A) Maintaining airplanes under part 121 or 135 of this chapter, 
including at the time of appointment as Director of Maintenance, 
experience maintaining the same category and class of airplane as the 
certificate holder uses; or
    (B) Maintaining airplanes in an airframe repair station, 
certificated under part 145 of this chapter, that is rated to maintain 
airplanes in the same category and class of airplane as the certificate 
holder uses.
    (ii) With previous experience as a Director of Maintenance, have at 
least 3 years experience in one or a combination of the qualification 
standards under paragraph (c)(4)(i) (A) or (B) of this section.
    (f) A certificate holder may request a deviation to employ a person 
who does not meet the appropriate airmen experience requirements, 
managerial experience requirements, or supervisory experience 
requirements of this section if the Manager of the Air Transportation 
Division or the Manager of the Aircraft Maintenance Division of the FAA 
Flight Standards Service finds that the person has comparable 
experience, and can effectively perform the functions associated with 
the position in accordance with 14 CFR Chapter I and the procedures 
outlined in the certificate holder's manual.* * *

PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    17. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

    18. SFAR ____ is added to read as follows:

SFAR ____--Alternative Communications and Dispatching Procedures

    1. Applicability. This Special Federal Aviation Regulation 
applies to each holder of an air carrier or operating certificate 
(hereafter, certificate holder) that meets one of the following 
eligibility requirements:
    a. The certificate holder conducts scheduled operations with 
airplanes having a passenger-seat configuration of 30 seats or 
fewer, excluding each crewmember seat, and a payload capacity of 
7,500 pounds or less under part 121 of this chapter.
    b. The certificate holder conducts domestic operations in Alaska 
under part 121 of this chapter.
    2. Alternative requirements.
    a. If an operator described in paragraph 1.a. of this SFAR is 
conducting a flight with an airplane described in 1.a. and if 
communications cannot be maintained over the entire route (which 
would be contrary to the requirements of Sec. 121.99 of this 
chapter), such an operator may continue to operate over such a route 
subject to approval by the Administrator. In granting such approval 
the Administrator considers the following:
    i. The operator has an established dispatch communication 
system.
    ii. Gaps in communication are not over the entire route, but 
only over portions of the route.
    iii. When communication gaps occur, they occur due to one or 
more of the following:
    A. Lack of infrastructure.
    B. Geographical considerations.
    C. Assigned operating altitude.
    iv. Procedures are established for the prompt re-establishment 
of communications.
    v. The operator has presented a plan or schedule for coming into 
compliance with the requirement in Sec. 121.99 of this chapter.
    b. A certificate holder who conducts domestic operations in 
Alaska may, notwithstanding the requirements of Sec. 121.99 of this 
chapter, use a communications system operated by the United States 
for those operations.
    c. An operator described in paragraph 1.a. of this SFAR who 
conduct operations in Alaska may share the aircraft dispatcher 
required by Sec. 121.395 with another operator described in 
paragraph 1.a. of this SFAR who conducts operations in Alaska if 
authorized to do so by the Administrator. Before granting such an 
authorization, the Administrator considers:
    i. The operators' joint plans for complying with the aircraft 
dispatcher training rules in subpart N of part 121 of this chapter 
and the aircraft dispatcher qualification and duty time limitation 
rules in subpart P of part 121 of this chapter.
    ii. The number of flights for which the aircraft dispatcher 
would be responsible.
    iii. Whether the responsibilities of the dispatcher would be 
beyond the capability of a single dispatcher.
    3. Expiration. This Special Federal Aviation Regulation 
terminates on [date 4 years after issuance] unless sooner 
terminated.

    19. Section 121.2 is amended by adding paragraphs (d)(1)(iv) and 
(e)(1)(iv) to read as follows:


Sec. 121.2  Compliance schedule for operators that transition to part 
121; certain new entrant operators.

* * * * *
    (d) * * *
    (1) * * *
    (iv) [date 2 years after final rule is issued]: Section 
121.310(b)(1), Interior emergency exit locating sign.
* * * * *
    (e) * * *
    (1) * * *
    (iv) Manufactured on or after [date 2 years after issue of final 
rule]: Section 121.310(b)(1), Interior emergency exit locating sign.
* * * * *
    20. Section 121.99 is revised to read as follows:


Sec. 121.99  Communication facilities.

    (a) Each certificate holder conducting domestic or flag operations 
must show that a two-way radio communication system or other means of 
communication approved by the Administrator is available at points that 
will ensure reliable and rapid communications, under normal operating 
conditions over the entire route (either direct or via approved point-
to-point circuits) between each airplane and the appropriate dispatch 
office, and between each airplane and the appropriate air traffic 
control unit, except as specified in Sec. 121.351(c).
    (b) For the following types of operations, the communications 
systems between each airplane and the dispatch office must be 
independent of any system operated by the United States:
    (1) All domestic operations;
    (2) Flag operations in the 48 contiguous States and the District of 
Columbia; and
    (3) After [date 4 years after issuance], flag operations outside 
the 48 contiguous States and the District of Columbia.
    21. Section 121.137(c) is revised to read as follows:


Sec. 121.137  Distribution and availability.

* * * * *
    (c) For the purpose of complying with paragraph (a) of this 
section, a certificate holder may furnish the persons listed therein 
the maintenance part of the manual in printed form or other form, 
acceptable to the Administrator, that is retrievable in the English 
language.
    22. In Sec. 121.139, the heading and paragraph (a) are revised to 
read as follows:


Sec. 121.139  Requirement for manual aboard aircraft: Supplemental 
operations.

    (a) Except as provided in paragraph (b) of this section, each 
certificate holder conducting supplemental operations shall carry 
appropriate parts of the manual on each airplane when away from the 
principal base of operations. The appropriate parts must be available 
for use by ground or flight personnel. If the certificate holder 
carries aboard an aircraft all or any portion of the maintenance part 
of its manual in other than printed form, it

[[Page 5090]]

must carry a compatible reading device that produces a legible image of 
the maintenance information and instructions or a system that is able 
to retrieve the maintenance information and instructions in the English 
language.
* * * * *
    23. Section 121.305 is amended by removing the words ``paragraph 
(j) of this section'' in paragraph (f) and adding, in their place, the 
words ``paragraph (k) of this section;'' and by revising paragraph (j) 
to read as follows:


Sec. 121.305  Flight and navigational equipment.

* * * * *
    (j) On the airplanes described in this paragraph, in addition to 
two gyroscopic bank and pitch indicators (artificial horizons) for use 
at the pilot stations, a third such instrument is installed in 
accordance with paragraph (k) of this section:
    (1) On each turbojet powered airplane.
    (2) On each turbopropeller powered airplane having a passenger-seat 
configuration of more than 30 seats, excluding each crewmember seat, or 
a payload capacity of more than 7,500 pounds.
    (3) On each turbopropeller powered airplane having a passenger-seat 
configuration of 30 seats or fewer, excluding each crewmember seat, and 
a payload capacity of 7,500 pounds or less that is manufactured on or 
after March 20, 1997.
    (4) After December 20, 2010, on each turbopropeller powered 
airplane having a passenger seat configuration of 10-30 seats and a 
payload capacity of 7,500 pounds or less that was manufactured before 
March 20, 1997.
* * * * *
    24. Section 121.310 is amended by adding the words ``Except as 
provided in paragraph (b)(2)(iii) of this section,'' to the beginning 
of paragraph (b)(2)(i); by revising the words ``For an airplane'' to 
read ``For a transport category airplane'' in paragraph (b)(2)(ii); and 
by adding a new paragraph (b)(2)(iii) to read as follows:


Sec. 121.310  Additional emergency equipment.

* * * * *
    (b) * * *
    (2) * * *
    (iii) For a nontransport category turbopropeller powered airplane 
type certificated after December 31, 1964, each passenger emergency 
exit marking and each locating sign must be manufactured to meet the 
requirements of Sec. 23.811(b) of this chapter. On these airplanes, no 
sign may continue to be used if its luminescence (brightness) decreases 
to below 100 microlamberts.
* * * * *
    25. Section 121.333 is amended by revising paragraph (c)(2) to read 
as follows:


Sec. 121.333  Supplemental oxygen for emergency descent and for first 
aid; turbine engine powered airplanes with pressurized cabins.

* * * * *
    (c) * * *
    (2) When operating at flight altitudes above flight level 250, one 
pilot at the controls of the airplane shall at all times wear and use 
an oxygen mask secured, sealed, and supplying oxygen, in accordance 
with the following:
    (i) The one pilot need not wear and use an oxygen mask at or below 
the following flight levels if each flight crewmember on flight deck 
duty has a quick-donning type of oxygen mask that the certificate 
holder has shown can be placed on the face from its ready position, 
properly secured, sealed, and supplying oxygen upon demand, with one 
hand and within five seconds:
    (A) For airplanes having a passenger seat configuration of more 
than 30 seats, excluding any required crewmember seat, or a payload 
capacity of more than 7,500 pounds, at or below flight level 410.
    (B) For airplanes having a passenger seat configuration of less 
than 31 seats, excluding any required crewmember seat, and a payload 
capacity of 7,500 pounds or less, at or below flight level 350.
    (ii) Whenever a quick-donning type of oxygen mask is to be used 
under this section, the certificate holder shall also show that the 
mask can be put on without disturbing eye glasses and without delaying 
the flight crewmember from proceeding with his assigned emergency 
duties. The oxygen mask after being put on must not prevent immediate 
communication between the flight crewmember and other crewmembers over 
the airplane intercommunication system.
* * * * *
    26. Section 121.437 is amended by removing paragraph (b), by 
redesignating current paragraph (c) as paragraph (b) and by adding a 
new sentence to redesignated paragraph (b) to read as follows:


Sec. 121.437  Pilot qualification: Certificates required.

    (a) * * *
    (b) * * * Notwithstanding the requirements of Sec. 61.63 (b) and 
(c) of this chapter, a pilot who is currently employed by a certificate 
holder and meets applicable training requirements of subpart N of this 
part, and the proficiency check requirements of Sec. 121.444, may be 
issued the appropriate category and class ratings by presenting proof 
of compliance with those requirements to a Flight Standards District 
Office.


Sec. 121.590  [Amended]

    27. Section 121.590 is amended in paragraph (a) by removing the 
words ``operate an aircraft into a land airport'' and adding, in their 
place, the words ``operate an airplane designed for at least 31 
passenger seats into a land airport.''
    28. Section 121.713 is amended by revising paragraph (b)(2) to read 
as follows:


Sec. 121.713  Retention of contracts and amendments: Commercial 
operators who conduct intrastate operations for compensation or hire.

* * * * *
    (b) * * *
    (2) The information required by Sec. 119.36(e)(2), (e)(7), and 
(e)(8) of this chapter.
* * * * *

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE

    29. The authority citation for part 125 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.

    30. Section 125.71(f) is revised to read as follows:


Sec. 125.71  Preparation.

* * * * *
    (f) For the purpose of complying with paragraph (d) of this 
section, a certificate holder may furnish the persons listed therein 
with the maintenance part of its manual in printed form or other form, 
acceptable to the Administrator, that is retrievable in the English 
language. If the certificate holder furnishes the maintenance part of 
the manual in other than printed form, it must ensure there is a 
compatible reading device available to those persons that provides a 
legible image of the maintenance information and instructions or a 
system that is able to retrieve the maintenance information and 
instructions in the English language.
* * * * *

[[Page 5091]]

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS

    31. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.

    32. Section 135.2 is amended in paragraphs (d)(1)(i), (d)(2)(i), 
and (e)(1)(ii) by removing the words ``December 22, 1997'' and adding, 
in their place, the words ``December 20, 1997;'' and by adding 
paragraphs (d)(1)(iv) and (e)(1)(iv) to read as follows:


Sec. 135.2  Compliance schedule for operators that transition to part 
121 of this chapter; certain new entrant operators.

* * * * *
    (d) * * *
    (1) * * *
    (iv) [Date 2 years after final rule is issued]: Section 
121.310(b)(1), Interior emergency exit locating sign.
* * * * *
    (e) * * *
    (1) * * *
    (iv) Manufactured on or after [Date 2 years after issue of final 
rule]: Section 121.310(b)(1), Interior emergency exit locating sign.
* * * * *
    33. Section 135.21(f) is revised to read as follows:


Sec. 135.21  Manual requirements.

* * * * *
    (f) For the purpose of complying with paragraph (d) of this 
section, a certificate holder may furnish the persons listed therein 
with the maintenance part of its manual in printed form or other form, 
acceptable to the Administrator, that is retrievable in the English 
language. If the certificate holder furnishes the maintenance part of 
the manual in other than printed form, it must ensure there is a 
compatible reading device available to those persons that provide a 
legible image of the maintenance information and instructions, or a 
system that is able to retrieve the maintenance information and 
instructions in the English language.
* * * * *


Sec. 135.25  [Amended]

    34. Section 135.25 is amended in paragraph (b) by removing the 
words ``air taxi or commercial operations'' and adding, in their place, 
the words ``operations under this part.''


Sec. 135.64  [Amended]

    35. Section 135.64 is amended by removing paragraph (b) and 
removing the paragraph designation ``(a)'' from the remaining 
paragraph.
    36. Section 135.153 is amended by revising paragraph (a) and 
removing and reserving paragraph (b) to read as follows:


Sec. 135.153  Ground proximity warning system.

    (a) No person may operate a turbine-powered airplane having a 
passenger seat configuration of 10 seats or more, excluding any pilot 
seat, unless it is equipped with an approved ground proximity warning 
system.
    (b) [Reserved]
* * * * *
    37. Section 135.427 is amended by adding a new paragraph (d) to 
read as follows:


Sec. 135.427  Manual requirements.

* * * * *
    (d) For the purposes of this part, the certificate holder must 
prepare that part of its manual containing maintenance information and 
instructions, in whole or in part, in printed form or other form, 
acceptable to the Administrator, that is retrievable in the English 
language.

    Issued in Washington, D.C., on January 22, 1997.
Thomas C. Accardi,
Director, Flight Standards Service.
[FR Doc. 97-2024 Filed 1-29-97; 9:08 am]
BILLING CODE 4910-13-M


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