13248 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

and 135

[Docket No. 28154; Amendment Nos. 21–

74, 25–90, 91–253, 119–3, 121–262, 125–28,

135–66, and SFAR No. 80]

RIN 2120–AG26

Operating Requirements: Domestic,

Flag, Supplemental, Commuter, and

On-Demand Operations: Editorial and

Other Changes

March 10, 1997.

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: The FAA is amending parts

21, 25, 91, 119, 121, 125, and 135 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 exemptions). A new

Special Federal Aviation Regulation is

being issued to address three problems

that relate to compliance with

requirements for communications

facilities and aircraft dispatchers by

operators in Alaska and other areas.

EFFECTIVE DATE: March 12, 1997.

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:

Availability of the Final Rule

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

final rule 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 docket number of this final

rule.

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. As of March 20,

1997, these operations will be

conducted under the requirements of

part 121, in accordance with the final

rule published on December 20, 1995.

Notice of Proposed Rulemaking

On February 3, 1997, the FAA

published an NPRM (62 FR 5076; Notice

No. 97–1) proposing changes to correct

errors, make terminology consistent,

clarify the intent of part 119 and the

commuter rule published on December

20, 1995, as well as make other minor

changes not directly related to the

commuter rule. These proposed changes

are considered important because, as a

result of the implementation of part 119

and the completion of the transition

process for commuter operations

affected by the final rule, a number of

questions of interpretation have been

raised and errors in previous final rules

have been identified. 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.

Public Comment

The FAA requested comments, within

30 days of publication of Notice No. 97–

1, on a number of proposals contained

in the NPRM. Interested persons were

invited to participate in this rulemaking

action by submitting written data,

views, or arguments. All comments

received were considered before issuing

this final rule.

The FAA received 19 comments in

response to Notice No. 97–1. Comments

were received from operators affected by

the proposed rule, aircraft dispatchers,

industry associations, and a

manufacturer of communications

system. Many commenters stressed the

importance of having the final rule

issued before March 20, 1997, when the

majority of the commuter rule

provisions go into effect. Other specific

comments are summarized in the

following section-by-section discussion

of the final rule, which includes the

FAA’s responses to these comments.

Explanation of Amendments

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 requires some explanation,

which follows:

1. The proposal revised the

definitions of ‘‘on-demand operation,’’

‘‘scheduled operation,’’ and

‘‘supplemental operation’’ in § 119.3 to

make it clear that public charter

operations conducted under 14 CFR part

380 are not considered scheduled

operations.

No comments were received on the

proposed definitions and the changes to

§ 119.3 are adopted as proposed.

2. The proposal amended § 119.5 to

add new paragraph (k), which

incorporated former § 135.31 into part

119. As proposed, this section

prohibited advertising or otherwise

offering to perform any operation

unauthorized by the FAA, and it was

applicable to any person, including

certificate holders operating under part

121, as well as those operating under

part 135.

The proposal also added § 119.5(1)

which stated that, for safety purposes,

people who operate aircraft under parts

121 and 135 must comply with the

provisions in a certificate holder’s
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations 13249

operations specifications. This

paragraph was proposed to prevent an

employee of a certificate holder (with or

without other certificate holder’s

knowledge) from violating the

provisions of the certificate holder’s

operations specifications. For example,

if a certificate holder is only authorized

to carry cargo, a flight crewmember

would not be allowed to bring along a

friend as a passenger on the commercial

flight.

No comments were received on these

proposals and the changes to § 119.5 are

adopted as proposed.

3. The proposal amended § 119.9 to

allow displaying the air carrier or

operating certificate number on an

aircraft instead of the name of the

certificate holder. As described in the

NPRM, a petition by the National Air

Transportation Association (NATA) and

supporting comments requested that, for

security and financial reasons, operators

be allowed to display the air carrier or

operating certificate number in lieu of

the name of the certificate holder. In the

NPRM, the FAA agreed that display of

an air carrier or operating certificate

number would 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 proposed to amend

§ 119.9(b)(4) as requested by NATA.

The proposal also deleted the

provision allowing the Assistant

Administrator for Civil Aviation

Security to grant deviations from the

requirements of this section because the

FAA no longer believed that these

deviations were necessary.

NATA, Helicopter Association

International (HAI), and individual

operators affected by the proposed

change to § 119.9(b) comment in

support of allowing part 135 operators

to display their air carrier or operating

certificate number on an aircraft instead

of the name of the certificate holder.

Commenters emphasize that, if the FAA

adopts the proposed amendment, it is

imperative to make the amendment

effective before March 20, 1997, so that

they will not need to apply the

certificate holder’s name temporarily on

the aircraft, and then remove it when

the amendment takes effect later. One

operator comments that even having the

operating certificate number on the

aircraft creates a security risk for some

customers.

As discussed above, the FAA must be

able to readily identify the responsible

certificate holder conducting an

operation, and having the air carrier or

operating certificate number on an

aircraft will provide the necessary

identification. Therefore, the changes to

§ 119.9 are adopted as proposed and are

effective as of the date of issuance of

this final rule.

4. The proposal amended

§ 119.21(a)(1) to allow domestic

operations conducted from the Pribilof

Islands and the Shumagin Islands to

request permission to comply with the

dispatching requirements of subpart U

of part 121 applicable to flag operations.

The NPRM also stated that, in the final

rule, 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.

No comments were received on the

proposal and the changes to § 119.21 are

adopted as proposed.

5. The proposal amended § 119.35 to

clarify that the additional financial and

contract reporting requirements of this

section apply only to commercial

operators. The proposal split § 119.35

into two sections: Proposed § 119.35

contained just the certificate application

procedures that apply to all applicants,

and new § 119.36 contained the

additional requirements for commercial

operators.

In the NPRM, the FAA proposed that

§ 119.36 distinguish between

requirements for all commercial

operators and those applicable only to

commercial operators under part 121. In

addition, the FAA proposed to delete

the financial reporting requirements of

§ 135.64(b), but to retain the contract

retention requirements in § 135.64(a).

No comments were received on the

proposal and §§ 119.35 and 119.36 are

adopted as proposed.

6. The proposal revised § 119.67 (c)

and (d) to amend the qualification

requirements applicable to Directors of

Maintenance and Chief Inspectors under

part 121. The proposal also revised

§ 119.71(e) to amend the qualification

and experience requirements applicable

to the Director of Maintenance under

part 135.

Both proposals established

requirements for a person becoming the

Director of Maintenance or Chief

Inspector for the first time. These

proposals were designed to ensure that

persons holding these required

management positions have the measure

of experience and the demonstrated

capability of effectively managing these

programs.

The FAA proposed that, under

§§ 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 proposal also amended

§ 119.67(c)(2) by changing the existing 1

year of maintenance experience in a

supervisory capacity in maintaining the

category and class of airplane used by

the certificate holder, to 3 years of

supervisory experience within the last 6

years in a position that exercised

operational control over maintenance

program functions.

In addition, the proposal amended

§ 119.67(c)(4)(i)(B) by replacing the

word ‘‘repairing’’ with the word

‘‘maintaining’’, as the latter is consistent

with the definition of maintenance as

defined in 14 CFR 1.1. In addition, the

word ‘‘maintaining’’ reflects the broader

experience level more appropriate to the

Director position.

For the Chief Inspector position, the

proposal changed § 119.67(d)(2) to

require 3 years of supervisory or

managerial experience within the last 6

years.

The proposal also revised § 119.67(e)

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 certificates (e.g., ATP certificate,

commercial pilot certificate, mechanic

certificate).

Proposed § 119.71 contained the

management qualification requirements

that formerly appeared in 0135.39.

Section 119.71 (b) and (d) required 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 the FAA

proposed that § 119.71 (b) and (d) be

revised to match the intent of former

§ 135.39.

HAI comments in support of the

proposed amendment of § 119.71 (b)

and (d) on behalf its membership, which

includes a substantial number of VFFonly helicopter operations. HAI states

that without the amendment to § 119.71

(b) and (d) many operators would be

forced to suspend operations until

personnel that meet the current

requirements can be identified and

hired, and that there may not be enough

such personnel available. HAI believes

that this burden would be onerous and

inappropriate in view of the fact that the
13250 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations

operators in question do not conduct

instrument operations.

The FAA agrees with HAI’s comments

and the amendments to § 119.71 (b) and

(d) are adopted as proposed. No

comments were received on the

proposal to revise §§ 119.67(e) and

119.71(f) and those amendments are

adopted as proposed. The FAA has

reviewed the proposed changes to the

experience requirements for Director of

Maintenance and Chief Inspector in

light of issues raising during

implementation of the commuter rule

and the determined that further study of

these proposal is necessary. Therefore

the FAA withdraws the proposal

amendments to §§ 119.67(c) and (d) and

119.71(e), for consideration in a future

rulemaking.

7. In the NPRM, the FAA proposed

that anew Special Federal Aviation

Regulation (SFAR) 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

0121.395. These are outlined below.

(1) The first problem involves certain

communications difficulties in Alaska

and other areas affecting 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 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.’’

The NPRM pointed out that, in certain

areas, the lack of infrastructure or

appropriate technology has prevented

certificate holders from establishing

such systems. For other certificate

holder the nature of their operations

(e.g., flying at low altitudes or in

mountainous terrain) has prevented

them from using current communication

systems that may be reliable only at

higher altitudes.

If a certificate holder 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, the

certificate holder 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. Under the SFAR, relief would

only be granted after the certificate

holder shows that it would meet the

requirements to the maximum extent

possible. In granting such approval, the

Administrator would consider certain

factors that are listed in the SFAR.

Under the proposed SFAR, the

certificate holder would obtain the

approval of the Administrator in its

operations specifications. The requests

will be processed through the

certificate-holding district office, with

concurrence by the FAA’s Air

Transportation Division (AFS–200).

This type of alternative compliance

approval would only be available for

scheduled operations with airplanes

having a passenger-seat configuration of

30 seats of fewer, excluding each

crewmember seat, and a physical

capacity of 7,500 pounds of less under

part 121 of this chapter.

(2) The second § 121.99-related

problem involves certificate holder who

have conducted or who might in the

future conduct scheduled intrastate

operations in Alaska. Under the precommuter rule amendments these

operations 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

certificate before or after January 19,

1996, it was considered impractical at

that time to mandate that the required

communications systems be

independent of any system operated by

the United States.

Therefore even though these

certificate holder would otherwise have

been 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 4-year

effective period of the SFAR. The FAA

further propose 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 re independent of any

system operated by the United States.

(3) The third issue addressed by the

proposed SFAR relates to the use of

aircraft dispatchers by former computer

operations in Alaska who are required

by the computer rule to have a part 121

dispatch system. It is long-standing FAA

policy that each certificate holder

subject to § 121.395 have aircraft

dispatchers that are employed

exclusively by that certificate holder.

However, small operations located in

remote areas have found it hard to

attract qualified, certificated aircraft

dispatchers to work and live in those

areas.

Therefore the FAA proposed 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 in their operations

specifications. The requests will be

processed through the certificateholding district office, with concurrence

by the FAA’s Air Transportation

Division (AFS–200). Before granting

such an authorization, the

Administrator would consider certain

factors that are listed in the SFAR.

The FAA proposed that the SFAR

would expire 4 years after it is issued

because the FAA expects that adequate

communications facilities would

become available in all parts of Alaska

and other areas within that time.

Several commenters address the

provisions in the proposed SFAR. The

Air Transport Association (ATA) sees

no reason why the SFAR should be so

restrictive and limited to commuter

operations, because from a safety

standpoint, larger aircraft have greater

fuel capacity and alternate airport

capability, and generally have a larger

safety margin built in than small

commuter aircraft. NATA believes that

the proposed SFAR does not adequately

address the special nature of flight

operations in rural Alaskan areas,

because the inherent problem is that

Alaska simply does not have the

infrastructure to guarantee

communications in remote areas. Also

NATA believes that operations in

designated remote areas, where flights

are mainly VFR, flight plans frequently

change, and airports are often

unattended, should not be subjected to

the same stringent dispatching

requirements applied to other part 121

operations. An aeronautical

communications company disagrees

with FAA’s statements on lack of

infrastructure and availability of

appropriate technology. This

commenter believes that there is a wide

variety of choices available to meet the

communication needs for positive

operational control and that operators in

remote geographical areas may need to

make a combination of choices to allow

them to meet the requirements of the

current rules.

The Airline Dispatchers Federal

(ADF) and an individual aircraft

dispatcher address the relationship

between the communications system
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations 13251

required by § 121.99 and the role of the

aircraft dispatcher in providing

information that may affect the safety of

the flight to the pilot in command. ADF

believes that adequate air ground

communication technology is available

for Alaskan operations, but that if there

is a lack of weather reporting along their

routes, air carriers can provide station

and other personnel with telephone,

dial access radio, HF, VHF, or SatComm

communications and provide them with

the training to provide accurate weather

and aerodrome information. ADF

further suggests that Alaskan air carriers

cooperate to build their own radio

network to cover their routes or that the

State of Alaska may want to help

finance any additional infrastructure

required for scheduled air service in

Alaska.

ADF suggests that Alaskan pilots,

operating under a ‘‘bush’’ mentality,

have knowingly flown in IMC or VFR

flights in response to operational

pressures, and that when adequate

communication systems are in place

and aircraft dispatchers are able to

obtain accurate information on weather

and other local conditions, the pilots

will no longer be able to decide on their

own whether or not to initiate or

continue a particular flight, because, if

the information does not show the

operation can be conducted safely, the

dispatcher may not authorize the flight.

ADF and the aircraft dispatcher object

to FAA’s proposal to allow Alaskan air

carriers to share aircraft dispatchers

under certain conditions. The

commenters fear that a dispatcher

working under contract or exercising

operational control on a competitor’s

flight may have his or her actions

second-guessed by the management of

the other airline. ADF comments that a

shared dispatcher may be kept at a

distance from the operations and only

told what company employees want the

dispatcher to know.

ADF and the dispatcher believes that

part 135 operators who have faced the

challenge of complying with the

communications and dispatching rules

of part 121 should be commended and

not effectively penalized economically

by competitors who take advantage of

the provisions in the proposed SFAR.

After careful consideration of these

comments, the FAA has decided to

issue the SFAR as proposed. The FAA

disagree with ATA’s assertion that the

SFAR should also apply to air carriers

operating larger planes, but instead

agrees with ADF that the rules in part

121 requiring adequate communications

system and a full aircraft dispatching

system for scheduled operations have

contributed for many years to a high

level of safety that should be applied as

well to scheduled operations affected by

the commuter rule. The purpose of the

SFAR is to allow the FAA, the affected

commuter operators, and the

communications equipment industry to

work together to bring every commuter

operator into compliance with part 121

as soon as possible. However, the FAA’s

experience in implementing the

commuter rule has been that there are

gaps in certain remote areas that could

not be remedied before the March 20,

1997, deadline for implementing the

commuter rule. This is the exception

rather than the rule. The limited number

of commuter operators who have not

been able to close the communications

gaps along all of their routes have been

evaluating systems and trying to

develop plans for complying with

§ 121.99. The SFAR will allow extra

time for the installation of ground-based

systems, the development of satellite

systems, or the development and

approval of technology appropriate to

the needs of remote operators.

The FAA agrees with commenters that

the role of aircraft dispatchers is critical

to ensuring the safety of flight,

particularly in areas such as Alaska that

are subject to difficult and changing

weather conditions. That is why the

FAA is not excepting Alaskan carriers

from the dispatcher requirement.

However, under section 1205 of the

Federal Aviation Reauthorization Act of

1996 (Pub. L. 104–264), when modifying

regulations affecting intrastate aviation

in Alaska, the FAA Administrator must

consider the extent to which Alaska is

not served by transportation modes

other than aviation, and must establish

such regulatory distinctions as the

Administrator considers appropriate.

Also, in implementing the commuter

rule, the FAA has found that in the

unique environment of Alaska, it is

difficult to recruit and retain qualified

certificated aircraft dispatchers. The

commenters’ fears about the potential

for contract dispatchers or dispatchers

exercising operational control over

competitors’ flights are unwarranted

because the SFAR allows for the sharing

of dispatchers by 2 companies would be

authorized to share a dispatcher only

when the companies can show the FAA

that they have joint plans for complying

with the dispatcher training and

qualification rules and that the number

of flights for which the dispatcher

would be responsible would not be

beyond the capacity of a single

dispatcher.

The FAA does not think that authority

to operate under the SFAR would

provide an economic advantage to a

commuter operator because the

authority will be granted in a very

limited number of cases and only when

the operator has shown to the FAA that

it is proceeding on a plan and has a

schedule for coming into full

compliance with the part 121 rules

within 4 years.

8. The proposal amended § 121.99 to

allow for ‘‘other means of

communication approved by the

Administrator’’ as an alternative to the

tow-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.

No comments were received on the

proposal and the changes to § 121.99 are

adopted as proposed.

9. The proposal amended the manual

requirements in §§ 121.137, 121.139,

125.71, 135.21, and 135.427 to make

these sections compatible with

§ 121.133. (Section 121.133 had been

revised in the commuter rule to allow a

certificate holder to prepare its

maintenance manual in any form

acceptable to the Administrator.)

Therefore, the FAA proposed in the

NPRM to include the language ‘‘any

form acceptable to the Administrator’’

in the sections above.

The proposal also amended these

sections 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.

No comments were received on the

proposal and the changes to the manual

requirements are adopted as proposed.

10. The proposal revised § 121.305(j)

to clarify the requirements for third

attitude indicators for turbopropeller

powered airplanes having a passenger

seat configuration of 30 seats or fewer

and turbopropeller powered airplanes

with more than 30 seats. The latter have

been required to have third attitude

indicators since October 1994.

No comments were received on the

proposal and the changes to § 121.305

are adopted as proposed.

11. The FAA proposed to allow 2

years from the date of the final rule 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. Paragraph (b)(1) of

§ 121.310 requires that the identity and
13252 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations

location of each passenger emergency

exit must be 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.

Paragraph (b)(1)(i) requires that one of

the locating signs must be on the ceiling

of the cabin. Because of limited

headrooms, most of the 10–19 seat

airplanes used by operators subject to

the commuter rule do not have locating

signs mounted flush to the cabin

sidewalls. For these 10–19 seat

airplanes with limited headroom, the

simplest means of complying may be to

replace the two-dimensional signs with

beveled or three-dimensional signs that

can be read easily at the cabin extremes;

that type of sign would function to both

identify and locate the corresponding

exit.

The FAA also proposed adding a

paragraph (b)(2)(iii) to § 121.310; this

paragraph identifies the certification

requirements for passenger emergency

exit marking and locating signs. The

proposal addressed the 10–19 passenger

seat nontransport category airplanes.

Similar to paragraph (b)(2)(i), it would

mandate that 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 paragraph

(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 no

longer distances between exits than the

10–19 passenger seat airplanes.

No comments were received on the

proposals and the changes to § 121.310

are adopted as proposed.

12. The proposal amended

§ 121.133(c) 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 airplanes

that will be operating under part 121 as

a result of the commuter rule

amendments, the proposal stated that

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 proposed 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 or less.

No comments were received on the

proposal and the changes to § 121.333

are adopted as proposed.

13. The proposal amended § 121.437

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

had been in effect since 1980.

The FAA granted the ATA an

exemption from § 121.437 (Exemption

No. 2965), 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 had 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. This exemption was

extended 9 times and is due to expire

on July 31, 1997.

Over the 16 years that the exemption

has been in effect, there has been no

known derogation of safety. Therefore,

since the FAA has not had the resources

to conduct each proficiency check

required by the rule, the FAA proposed

to codify Exemption 2965 into

§ 121.437.

ATA supports the proposed changes

to § 121.437 and adds that codifying the

exemption will also reduce the

administrative burden on both the

airlines and the FAA. The final rule is

adopted as proposed.

Tables 1–4 From the Commuter Rule

In the preamble of the NPRM for this

final rule, the FAA corrected and

republished 3 tables that were a part of

the original commuter rule preamble:

Table 2, Comparable Sections in Parts

121 and 135, and Tables 3 and 4, the

Derivation and Distribution Tables for

Part 119. There have been no changes to

these informational tables since the

NPRM was published (February 3, 1997;

62 FR 5076). The FAA is in the process

of updating Table 1, Summary of New

Equipment and Performance

Modifications for Affected Commuters,

originally published in the commuter

rule, to present the delayed compliance

dates for the equipment and

performance modifications required by

the commuter rule and subsequent

amendments.

Any person may obtain a copy of

Tables 1–4 by mail by submitting a

request to: Linda Williams, Federal

Aviation Administration, Office of

Rulemaking, 800 Independence Avenue,

SW., Washington, DC 20691, or by

calling (202) 267–9685.

Federalism Implications

The regulations herein 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. Therefore, in accordance

with Executive Order 12612, it is

determined that this rule does not have

sufficient federalism implications to

warrant 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 rule.

Good Cause Justification for Immediate

Adoption

This amendment is needed to make

editorial corrections and other changes

to the commuter rule that must be in

place before the commuter rule takes

final effect on March 20, 1997. In view

of this need to expedite these changes,

and because the amendments would

impose no additional burdens on the

public, I find that the amendment

should be made effective in less than 30

days after publication. Therefore, this

final rule is effective as of the date of

issuance.

Conclusion

The FAA has determined that this

final rule imposes no additional burden

on any person. Accordingly, it has been

determined that the action: (1) Is not a

significant 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 final

rule will not have a significant cost

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations 13253

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.

Adoption of Amendments

Accordingly, the Federal Aviation

Administration (FAA) amends 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)(1)(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, 46013, 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 * * *

(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:

§ 119.5 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 199.9(b) is revised to read

as follows:

§ 119.9 Use of business names.

* * * * *

(b) No person may operate an aircraft

under part 121 or part 135 of this

chapter unless the 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
13254 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations

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 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

requirements for all operators.

(a) A person applying to the

Administrator for an Air Carrier

Certificate or Operating Certificate

under this part (applicant) must submit

an applicaiton—

(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. An 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 series 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 operators 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

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).
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations 13255

(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 paragraph (e) to read as follows:

§ 119.67 Management personnel:

Qualifications for operations conducted

under part 121 of this chapter.

* * * * *

(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, AFS–200, or

the Manager of the Aircraft Maintenance

Division, AFS–300, as appropriate, finds

that the person has comparable

experience, and can effectively perform

the functions associated with the

position in accordance with the

requirements of this chapter 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), 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:

* * * * *

(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, AFS–200, or the Manager of

the Aircraft Maintenance Division,

AFS–300, as appropriate, find that the

person has comparable experience, and

can effectively perform the functions

associated with the position in

accordance with the requirements of

this chapter 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 80 is added to read as

follows:

SFAR llll—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 requirements 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

communication system operated by the

United States for those operations.

c. An operator described in paragraph

1.a. of this SFAR who conducts

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
13256 Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations

March 12, 2001, 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) March 12, 1999: Section

121.310(b)(1), Interior emergency exit

locating sign.

* * * * *

(e) * * *

(1) * * *

(iv) Manufactured on or after March

12, 1999: 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 as § 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 March 12, 2001, 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. Section 121.139(a) is revised to

read as follows:

§ 121.139 Requirements for manual aboard

aircraft: Supplemental operations.

(a) Except is 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 of flight personnel. If

the certificate holder carries aboard an

airplane all or any portion of the

maintenance part of its manual in other

than printed form, it 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 airplane 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

communication between the flight

crewmember and other crewmembers

over the airplane intercommunication

system.

* * * * *
Federal Register / Vol. 62, No. 53 / Wednesday, March 19, 1997 / Rules and Regulations 13257

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.

* * * * *

(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

§ 121.441, 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.

* * * * *

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)(1) introductory text,

(d)(2)(i) introductory text, 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) March 12, 1999: Section

121.310(b)(1), Interior emergency exit

locating sign.

* * * * *

(e) * * *

(1) * * *

(iv) Manufactured on or after March

12, 1999: 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 March 12,

1997.

Barry L. Valentine,

Acting Administrator.

[FR Doc. 97–6797 Filed 3–14–97; 1:09 pm]

BILLING CODE 4910–13–M