5076 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

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).

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:

nprmcmts@faa.dot.gov. 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/suldocs 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
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 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 § 135.31 into part

119. The distribution table published

with the part 119 final rule stated that

§ 135.31 had been replaced by § 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

§§ 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. Seventynine comments were received. Most of

the comments received were from ondemand 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 § 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

§ 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
5078 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

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

§ 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, § 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 § 119.36 would

contain the additional requirements for

commercial operators. Section 121.713

would be corrected to incorporate new

cross references to § 119.36.

Section 119.35 (c) through (h), as

published in December 1995, contained

requirements that formerly appeared in

§§ 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 § 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

§ 135.64(b) would be deleted; however,

the contract retention requirements in

§ 135.64(a) would be retained.

6. Several changes are being proposed

for the management qualification

requirements in §§ 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 § 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 § 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 § 119.71 (b)

and (d) would be revised to match the

intent of former § 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 § 121.99 and a third

problem that relates to compliance with

§ 121.395. The first involves certain

communications problems that exist in

Alaska and other areas that affect

certificate holders who are required by

§ 121.99 to ‘‘show that a two-way air/

ground communication system is

available at all points that will ensure

reliable and rapid communications
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 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 § 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 § 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 § 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 § 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 § 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 § 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, § 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 §§ 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

§ 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

§ 121.310 by operators of 10–19 seat

aircraft that are affected by the

commuter rule.

First, paragraph (b)(1) of § 121.310

requires that the identity and location of

each passenger emergency exit must be
5080 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

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 § 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 § 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 twodimensional 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, § 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

§ 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

§ 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, § 121.333(c)

has allowed the availability of a quickdonning mask to be a substitute for

wearing and using a mask at all times

at or below flight level 410. However,

under § 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 § 121.333(c) to

incorporate the requirements of

§ 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 § 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 § 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 § 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 § 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 § 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.
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 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: Domestic, Flag, and

Supplemental Operations.

135.213 ....................................... 121.97, 121.99, 121.101,

121.107.

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 Operating Limitations ............. 135.365–.387 .............................. 121.175–.197.

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 demonstration ............................. ..................................................... 121.291.

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 Requirements ............... 135.149 ....................................... 121.305(j).

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 requirements ................. 135.117 ....................................... 121.311(e).

Seatbacks ............................................................................................. 135.171 ....................................... 121.311(f).

Seatbelt and shoulder harnesses on the flight deck ............................ 135.169(a) ................................... 121.312(b).

Interior materials and passenger seat cushion flammability ................ ..................................................... 121.313(c).

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 night .............................. 135.157 ....................................... 121.327–.335.

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 operations .................. ..................................................... 121.340.

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 uninhabited terrain ........... 135.180 ....................................... 121.356.

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 alteration organization .... 135.423, .425 .............................. 121.365, .367.

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 training programs .......... 135.433 ....................................... 121.375.

Maintenance and preventative maintenance personnel duty time limitations...................................................... 121.377.

Certificate requirements ........................................................................ 135.435 ....................................... 121.378.

Authority to perform and approve maintenance, preventative maintenance, and alterations.135.437 ....................................... 121.379.

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 on the surface ........ 135.128(a) ................................... 121.391(d).

Flight attendants or other qualified personnel at the gate ................... ..................................................... 121.391(e), 121.417, 121.393

(new).

Part 121, Subparts N and O—Training Program and Crewmember Requirements.135.291–135.353 ........................ 121.400–121.459.
5082 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

TABLE 2.—COMPARABLE SECTIONS IN PARTS 121 AND 135—Continued

[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, Subpart P—Aircraft Dispatcher Qualifications and Duty Time

Limitations: Domestic and Flag Air Carriers.

..................................................... 121.461–121.465.

Part 121, Subparts Q, R, and S—Flight Time Limitations and Rest Requirements: Domestic, Flag, and Supplemental Operations.135.261–135.273 ........................ 121.470–121.525.

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.
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 5083

TABLE 3.—DERIVATION TABLE FOR PART 119—Continued

New Section Based on

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).
5084 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

TABLE 3.—DERIVATION TABLE FOR PART 119—Continued

New Section Based on

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).
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 5085

TABLE 4.—DISTRIBUTION TABLE FOR PART 121, PART 135, AND SFAR 38–2 SECTIONS BEING REPLACED BY PART

119—Continued

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
5086 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

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.

§ 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.

§ 25.1303 [Amended]

4. Section 25.1303(b)(4) is amended

by removing the reference to

‘‘§ 121.305(j)’’ and adding in place

thereof a reference to ‘‘§ 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:

§ 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:

§ 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:

§ 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:

§ 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:
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 5087

§ 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:

§ 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:

§ 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:

§ 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 §§ 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 §§ 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
5088 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

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:

§ 119.67 Management personnel:

Qualifications for operations conducted

under part 121 of this chapter.

* * * * *

(c) To serve as Director of

Maintenance under § 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

§ 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:

§ 119.71 Management personnel:

Qualifications for operations conducted

under part 135 of this chapter.

* * * * *

(b) To serve as Director of Operations

under § 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

§ 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 § 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
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules 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 ll is added to read as

follows:

SFAR ll—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 § 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 § 121.99 of this chapter.

b. A certificate holder who conducts

domestic operations in Alaska may,

notwithstanding the requirements of § 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 § 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:

§ 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:

§ 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 § 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:

§ 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 § 121.139, the heading and

paragraph (a) are revised to read as

follows:

§ 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
5090 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Proposed Rules

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:

§ 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:

§ 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 § 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:

§ 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:

§ 121.437 Pilot qualification: Certificates

required.

(a) * * *

(b) * * * Notwithstanding the

requirements of § 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

§ 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.

§ 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:

§ 121.713 Retention of contracts and

amendments: Commercial operators who

conduct intrastate operations for

compensation or hire.

* * * * *

(b) * * *

(2) The information required by

§ 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:

§ 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.

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

§ 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:

§ 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.

* * * * *

§ 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.’’

§ 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:

§ 135.153 Ground proximity warning

system.

(a) No person may operate a turbinepowered 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:

§ 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]

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