16230 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 119, 121, 125, 127, and

135

[Docket No. 28154; Notice No. 95–5]

Commuter Operations and General

Certification and Operations

Requirements

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This proposed rule would

require certain commuter operators that

now conduct operations under part 135

to conduct those operations under part

121. The commuter operators that

would be affected are those conducting

scheduled passenger-carrying

operations in airplanes that have a

passenger-seating configuration of 10 to

30 seats and those conducting

scheduled passenger-carrying

operations in turbojets regardless of

seating configuration. The proposed rule

would revise the requirements

concerning operating certificates and

operations specifications. The rule

would also propose certain management

officials for all operators under parts

121 and 135. The need for this

rulemaking is supported by a study

conducted by the National

Transportation Safety Board (NTSB),

testimony at Congressional hearings,

and accident statistics. The proposed

rule is intended to increase safety in

scheduled passenger-carrying

operations and to clarify, update, and

consolidate the certification and

operations requirements for persons

who transport persons or property by air

for compensation or hire.

DATES: Comments must be received on

or before June 27, 1995.

ADDRESSES: Send or deliver comments

on this notice in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attention: Rules Docket

(AGC–200), Room 915G, Docket No.

, 800 Independence Avenue SW.,

Washington, DC 20591. Comments may

also be submitted to the Rules Docket by

using the following Internet address:

nprmcmts@mail.hq.faa.gov Comments

must be marked Docket No. .

Comments may be examined in the

Rules Docket between 8:30 a.m. and 5

p.m. on weekdays, except Federal

Holidays.

FOR FURTHER INFORMATION CONTACT:

Alberta Brown, Federal Aviation

Administration, 800 Independence

Avenue SW., Washington, DC 20591;

telephone (202) 267–8248.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of this

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the regulatory docket or

notice number and be submitted in

triplicate to the address above. All

communications received on or before

the closing date for comments will be

considered by the Administrator before

taking further rulemaking action.

Persons wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit with those comments a

pre-addressed, stamped postcard on

which the following statement is made:

‘‘Comments to Docket No. .’’ The

postcard will be dated and time

stamped and returned to the

commenter. All comments submitted

will be available, both before and after

the closing date for comments, in the

Rules Docket for examination by

interested persons. A report

summarizing each substantive public

contact with FAA personnel concerned

with this rulemaking will be filed in the

docket.

Availability of NPRM

Any person may obtain a copy of this

NPRM by submitting a request to the

Federal Aviation Administration, Office

of Public Affairs, Attention: Public

Inquiry Center (APA–230), 800

Independence Avenue, SW.,

Washington, DC 20591, or by calling

(202) 267–3484. Requests must identify

the notice number of this NPRM.

Persons interested in being placed on

the mailing list for future NPRMs

should also request a copy of Advisory

Circular No. 11–2A, Notice of Proposed

Rulemaking Distribution System, which

describes the application procedures.

Outline of NPRM

I. Introduction

II. History

III. The Problem and Recent FAA Actions

A. Accident Rate for Commuter Operations

B. Public Perception

C. Congressional Hearings

D. NTSB Study

E. Recent FAA Actions

IV. The Proposal

V. Major Issues

A. Applicability

B. Aircraft Certification

C. Flight Time Limits and Rest

Requirements

D. Age 60 Rule

E. Dispatch System

F. Major Equipment Items

G. Airports

H. Proposed Effective Date and Compliance

Schedule

VI. Discussion of Specific Proposals

A. Part 119 Summary

B. Part 121 Discussion

1. Subpart E—Approval of Routes:

Domestic and Flag Air Carriers

2. Subpart F—Approval of Routes:

Approval of Areas and Routes for

Supplemental Air Carriers and

Commercial Operators

3. Subpart G—Manual Requirements

4. Subpart H—Airplane Requirements

5. Subpart I—Airplane Performance

Operating Limitations

6. Subpart J—Special Airworthiness

Requirements

7. Subpart K—Instrument and Equipment

Requirements

8. Subpart L—Maintenance, Preventive

Maintenance, and Alterations.

9. Subpart M—Airman and Crewmember

Requirements

10. Subpart N and O—Training Program

and Crewmember Qualifications

11. Subpart P—Aircraft Dispatcher

Qualifications and Duty Time

Limitations: Domestic and Flag Air

Carriers

12. Subpart Q—Flight Time Limitations

and Rest Requirements: Domestic Air

Carriers

13. Subpart R—Flight Time Limitations

Flag Air Carriers

14. Subpart S—Flight Time Limitations:

Supplemental Air Carriers and

Commercial Limitations

15. Subpart T—Flight Operations

16. Subpart U—Dispatching and Flight

Release Rules

17. Subpart V—Records and Reports

C. Proposed Part 119 Explanation

VII. Regulatory Evaluation Summary

VIII. The Proposed Amendment

Background

I. Introduction

Currently, scheduled passengercarrying air transportation operations

under common carriage are conducted

under the Federal Aviation Regulations

(FAR) of 14 CFR part 121 and part 135.

Scheduled passenger-carrying

operations in airplanes with passengerseating configurations of over 30 seats or

more than 7,500 pounds payload

capacity are conducted under part 121.

Scheduled passenger-carrying

operations in airplanes with passengerseating configurations of 30 seats or less

or 7,500 pounds or less payload

capacity are conducted under part 135.

Part 121, which provides the safety

requirements for all major air carriers

(as well as for any operator conducting

scheduled or nonscheduled operations

with airplanes configured with more

than 30 passenger seats), is generally

considered to have more restrictive

requirements than part 135. The

differences between parts 121 and 135
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16231

reflect differences in the size of the

aircraft and the scope of the operations.

Part 135 is considered to provide a level

of safety comparable to part 121;

however, the FAA continually evaluates

changes in the industry and the aviation

environment that may necessitate

upgrading the regulations in order to

continue to fulfill the agency’s statutory

requirement.

II. History

For most of the history of aviation

safety regulations, one dividing line

served to separate the regulations that

determined airplane design and type

certification, flight operations,

maintenance, pilot, and economic

requirements. The dividing line

between these sets of regulations was

first established in 1953 and was based

on the maximum certificated takeoff

weight (MCTW) of an airplane.

Airplanes with an MCTW of 12,500

pounds or less were small airplanes and

were operated under part 135. Airplanes

with an MCTW of more than 12,500

pounds were considered large airplanes.

Large airplanes, which were generally

designed to carry 20 or more passengers,

were used for scheduled air

transportation while small airplanes,

which were generally designed to carry

fewer than 10 passengers, were used for

on-demand air taxi service. The Civil

Aeronautics Board (CAB) used the large/

small dividing line to separate major

airline companies, who were required to

obtain a Certificate of Public

Convenience and Necessity (CPCN)

from the CAB in order to operate in

interstate commerce as a common

carrier, from on-demand air taxi

operators, who were exempted from

obtaining a CPCN.

During this time, the CAB issued only

a small number of CPCN’s, and the

companies that received them became

household names to the air traveling

public (Eastern, American, Delta, Pan

Am, TWA, etc.). In contrast, on-demand

air taxi operators numbered in the

thousands.

Before 1970, the typical air taxi

operator was a fixed-base operator,

usually at a small airport, that owned

fewer than five airplanes and provided

on-demand air transportation as well as

other services, such as training new

pilots and selling and renting small

airplanes. Typically, the air taxi portion

of such an operator’s business was a

small part of that business and rarely

involved any scheduled operations.

Beginning in the late 1960’s, airplane

manufacturers began to design and

build small airplanes that were capable

of carrying more than 10 passengers,

and pushed the passenger capacity of

the small airplanes higher until it

approached 20 passengers. As these

airplanes became available, some air

taxi operators began to offer services

that resembled the services of the major

airlines. There was an economic

incentive for these new commuter-type

operators to buy these airplanes and

operate under the less restrictive

requirements of part 135. As part 135

operators acquired more of these

airplanes, the nature of some part 135

operations changed dramatically from

the traditional small airplane air taxi

operation to a scheduled commuter

operation. Although the number of these

scheduled operators grew, they still

remained a small percent of the

thousands of air taxi operators.

In 1978, as a result of the Airline

Deregulation Act, the airline industry

was deregulated economically, with air

carriers given more freedom to enter and

exit markets without prior government

economic approval. This caused major

changes throughout the airline industry.

One of the most significant changes was

the ability of the major carriers to

eliminate service to smaller points that

proved to be uneconomical for the size

of aircraft they operated and to be

replaced at those points by the smaller

commuter carriers. Under this system,

the major part 121 air carriers provided

service to the large metropolitan

airports, while the growing class of

scheduled part 135 air carriers provided

service between the smaller

communities as well as feeder service

from the smaller points to the larger

cities to connect with the major carriers’

operations. This became commonly

known as the ‘hub and spoke’ system.

The most significant effect of these

changes was that the traditional two

categories of operations had been

replaced by three categories of

operations. The new category contained

scheduled commuter operations that

were neither traditional air taxis nor

traditional major air carriers.

Also in 1978, in response to the

Airline Deregulation Act, the FAA

reissued part 135 standards to upgrade

commuter and air taxi safety

requirements and make them more like

part 121. At that time part 135 operators

were required to meet more stringent

requirements in several areas, including

weather reporting, flightcrew training,

maintenance, and qualifications for

management personnel.

Since 1978, the FAA has issued a

number of separate rule changes to

further align part 135 safety

requirements. Certain part 135 operators

(depending on type of engines and

passenger-seating capacity) are now

required to have cockpit voice

recorders, flight data recorders (except

some 10- to 19-seat airplanes), and

ground proximity warning systems.

Despite the FAA’s realignment of part

135, differences between the regulations

still exist. The economic incentive to

operate under part 135 still exists

because the requirements in part 135 are

still less restrictive than the part 121

requirements in most instances.

For the remainder of this document

the following terms are used in the

following ways. ‘‘Commuter,’’

‘‘commuter airline,’’ and ‘‘commuter

operator’’ means those operators and

scheduled passenger-carrying

operations conducted under part 135 in

airplanes with a passenger-seating

capacity of 30 or fewer seats. This is the

FAA’s current use of the word

‘‘commuter,’’ which does not include

scheduled passenger-carrying

operations conducted under part 121 in

airplanes with a seating capacity of 31

to 60 seats. The Department of

Transportation (DOT) uses the term

‘‘commuter’’ more broadly to include all

scheduled passenger-carrying

operations conducted in airplanes with

a passenger-seating capacity of 20 to 60

seats. The term ‘‘regional,’’ which is

used by industry to refer to short-haul,

passenger-carrying, scheduled

operations conducted under part 121 or

part 135, is not generally used by the

FAA and is not used in this document.

III. The Problem and Recent FAA

Actions

Recent part 135 commuter accidents

have focused public, government, and

industry attention on the safety of

commuter operations. While the safety

level of part 135 operations has

continued to improve, accident data,

public perception, and recent

government inquiries show a need for

additional measures.

III.A. Accident Rate for Commuter

Operations

The airline industry that uses

airplanes with a passenger-seating

capacity of 60 or fewer seats to conduct

scheduled operations under parts 121

and 135 is an essential part of the air

transportation network in the U.S.

These airlines now fly more than all

airlines did in 1958. In 1993, over 50

million passengers, 12 percent of the

total passenger flights in the country,

were flown by these airlines. Half of

these passengers were flown in part 135

operations, i.e., in aircraft with 30 or

fewer seats.

The typical airplane flown in

commuter operations under part 135 is

a turbopropeller-powered 19-seat

airplane such as the Brazilian-made
16232 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

Embraer Bandeirante, the German-made

Dornier 228, the British-made BAE 31

Jetstream, and the U.S.-made Fairchild

Metro and Beechcraft 1900. These

modern airplanes have advanced

electronics and are type certificated for

two pilots. They cruise at 250 knots at

an altitude of 25,000 feet. Over the past

two decades the safety record of part

135 commuters has greatly improved.

The accident rate per 100,000

departures in 1993 was one-fourth the

accident rate in 1980. However, the

accident rate for commuter airlines

operating under part 135 continues to be

higher than the rate for domestic part

121 airlines. In the past 2 years, several

commuter airline accidents occurred

that attracted media and public

attention and caused government and

industry officials to scrutinize the safety

system for commuter operations under

part 135. A summary of the most

pertinent of these accidents follows:

• On December 1, 1993, a Jetstream

31, operated by Express II (operated as

Northwest Airlink), crashed at Hibbing,

Minnesota, on an instrument approach,

killing 18 people. A major factor in the

accident was the captain’s failure to

follow standard operating procedures in

his decision to use an excessive descent

rate during the approach.

• On January 7, 1994, a Jetstream 41,

operated by Atlantic Coast Airlines (as

United Express), stalled while executing

an instrument landing system approach

to the Port Columbus Airport in

Columbus, Ohio. Of the eight people on

board, five died and three survived. The

National Transportation Safety Board

(NTSB) found that the flightcrew flew

an unstabilized approach, failed to

monitor airspeed, improperly responded

to the stall warning, and allowed the

airplane to stall.

• On December 13, 1994, a Jetstream

3200, operated by Flagship Airlines (as

American Eagle), crashed at RaleighDurham, North Carolina, on an

instrument approach, killing the two

pilots, and 15 of the 18 passengers. The

cause of the accident is not yet known.

These accidents involved commuter

flights conducted under part 135. Media

attention to these and other commutertype accidents has increased concerns

about the safety of these operations.

III.B. Public Perception

With the increase in the number of

flights to many communities conducted

in airplanes with a seating capacity of

30 seats or less, some members of the

public are questioning whether they are

receiving an appropriate level of safety

in small propeller-driven airplanes as

compared to the level of safety they

receive in large jets. This public concern

is partly a result of the integration of

commuter carriers with major airlines

under an arrangement known as codesharing. The term ‘‘code-sharing’’ refers

to the computerized airline reservation

system that lists a commuter flight in

the reservation system under the same

code used by a major carrier. Code

sharing arrangements range from

marketing agreements to ownership of

the code-sharing partner by the major

carrier. A passenger who books with a

major carrier may have a leg of the flight

automatically booked with a smaller

commuter affiliate of the major carrier.

The first time the passenger realizes this

is during boarding the smaller airplane.

Despite the practice of the affiliate

commuter using a similar uniform and

airplane paint scheme as the major

airline, the passenger realizes that the

type of service has changed: there is a

stairway off the tarmac rather than a

ramp at the terminal; there is less leg

room and less room for carry-on

baggage; there is more noise; the flight

is at a lower altitude; etc.

With the media attention to recent

commuter accidents, the passenger may

also believe that the flight involves more

risk because the smaller airplane and its

operation may not have to meet the

same safety standards. Most passengers

probably do not realize that some

differences in standards are necessary

because of differences in the airplane

and operation and that some of the

accidents that are categorized by the

media as ‘‘commuter’’ accidents

occurred in flights that were being

conducted under part 121; that is, in

airplanes with over 30 passenger seats.

As stated earlier in this notice, the

differences in regulations were initially

based on differences in the types of

operations and differences in the size of

airplanes; these differences in many

instances still apply. One would not

expect, nor would it be feasible, for a 6-

seat airplane operated as an on-demand

air taxi to meet all of the requirements

that a scheduled 350-seat transport

category jet must meet. There are

inherent differences between the 6-

seater and the large jet. The 6-seater

cannot accommodate all the safety

equipment or redundant systems of a

large jet. On the other hand, the 6-seater

may fill a need by being more

maneuverable and capable of using

smaller airports, etc.

While some of the differences in the

requirements between part 121 and part

135 reflect differences in the size and

operation of the airplanes, other

differences do not, such as how many

hours a pilot may fly, what emergency

equipment must be carried, and what

procedures must be followed in icing

conditions. Some differences between

the two sets of regulations must be

maintained while others can be

eliminated to improve the safety of

commuter operations.

III.C. Congressional Hearings

On February 9, 1994, Congress held

hearings on the adequacy of commuter

airline safety regulations. The purpose

of the hearings was to determine if FAA

safety regulations should be modified to

establish a single standard for all

scheduled operations regardless of

airplane size. Testimony was presented

by the FAA Administrator, the

Chairman of the NTSB, the president of

the Regional Airline Association, the

president of the Airline Pilots

Association, the president of the Airline

Dispatchers Federation, and the director

of the Aviation Consumer Action

Project.

Most testimony supported the view

that the requirements for 10- to 30-seat

commuter operations should be as

restrictive as those for airplanes with 31

or more seats under part 121; that safety

equipment such as flight data recorders,

ground proximity warning systems, and

Traffic Alert and Collision Avoidance

System (TCAS) should be required on

airplanes used in commuter service; that

pilot training should be the same in part

135 commuter operations as is in part

121; and that part 135 commuter

operations should use a dispatch

system.

III.D. NTSB Study

In November 1994, the NTSB

published a study on commuter airline

safety. (National Transportation Safety

Board Safety Study: Commuter Airline

Safety, NTSB/SS–94/02.) The study was

based on the NTSB’s analysis of

accident investigations and previous

studies, on a recent site survey of airline

operations and policies conducted at a

representative sample of commuter

airlines, and on information obtained

from a public forum on commuter

airline safety convened by the NTSB.

The findings of the study relevant to

this rulemaking are as follows:

(1) The commuter air carrier industry

has experienced major growth in

passenger traffic and changes in its

operating characteristics since 1980.

There has been a trend toward operating

larger, more sophisticated airplanes, and

many carriers have established codesharing arrangements with major

airlines. The regulations in part 135

have not kept pace with many of the

changes in the industry.

(2) Pressure on part 135 pilots to

accomplish several tasks, such as

obtaining weather information,
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16233

calculating minimum fuel load, and

calculating weight and balance, between

flights in short periods of time increases

the risk of critical mistakes that could

jeopardize the safety of flight.

The key NTSB recommendations

based on these findings are to revise the

FAR such that:

• All scheduled passenger service

conducted in airplanes with 20 or more

passenger seats would be conducted

according to the provisions of 14 CFR

part 121.

• All scheduled passenger service

conducted in airplanes with 10 to 19

passenger seats would be conducted in

accordance with 14 CFR part 121, or its

functional equivalent, wherever

possible.

The FAA published all of the NTSB

recommendations in the Federal

Register and requested public

comments on the recommendations (59

FR 63185, December 7, 1994). Thirtynine comments were received.

Commenters included small air carriers,

trade associations, aircraft

manufacturers, airport operators, and

individuals.

Of the comments relevant to this

rulemaking, most generally support

expanding the operational rules of part

121, except for flight time limitations, to

commuter operations under part 135.

Several commenters express concern

about specific requirements that might

apply. Commenters had considerable

reservations about applying certain part

121 equipment requirements to smaller

airplanes. The FAA considered all of the

comments in developing this proposed

rule.

III.E. Recent FAA Actions

Recently the FAA issued a number of

proposed rules that would increase the

safety of commuter operations under

part 135. In August 1992, the FAA

proposed a new part 142 that would

contain certification and operating rules

for training centers. The purpose of that

rulemaking is to provide standardized

quality pilot training for individuals,

operators, and air carriers and to

increase the accessibility of flight

simulators and flight training devices

for pilot training. (57 FR 35888, August

11, 1992.) The FAA intends to issue a

final rule by May 1995.

In July 1993, the FAA proposed to

amend the airworthiness standards for

normal, utility, acrobatic, and commuter

category airplanes by upgrading the

requirements for seat restraint systems

and increasing the downward inertia

load factor for items of mass within the

cabin. The proposal also would upgrade

the flammability standards for seat

cushions in airplanes used by commuter

operators. These proposed amendments

would improve the occupant protection

provisions for these types of airplanes

and would provide seat restraint

requirements and flammability

standards commensurate with those for

transport category airplanes. (58 FR

38028; July 14, 1993) The FAA received

an additional report on commuter

airplane accident data analysis in

October 1994. Based on the fact that

General Aircraft Manufacturers

Association had requested additional

information be made available before

the NPRM was published, a notice to

reopen the comment period was issued

October 28, 1994, and published

November 4, 1994. The reopened

comment period closed March 4, 1995.

In December 1994, the FAA proposed

to revise the training and qualification

requirements to require certificate

holders that conduct commuter

operations under part 135 with

airplanes requiring two pilots or having

10 or more passenger seats to comply

with the part 121 training, checking,

and qualification requirements. The

proposed rule would also mandate crew

resource management training for pilots,

dispatchers, and flight attendants in part

121. (59 FR 64272, December 13, 1994)

The FAA intends to issue a final rule by

mid 1995.

While these measures along with the

earlier amendments to part 135 continue

to make the requirements between parts

121 and 135 similar, some differences

remain. Eliminating these differences

would increase safety in commuter

operations.

IV. The Proposal

The FAA proposes in this rulemaking

to eliminate the differences in

requirements for scheduled passenger

operations using airplanes with a

passenger-seating configuration of 10 or

more. While a distinction still exists

between large air carriers and ondemand air taxis, the FAA believes that

the distinction should no longer be

maintained for scheduled passenger

operations and that all scheduled

operations in airplanes with a

passenger-seating configuration of 10 or

more should comply with part 121

requirements. In addition, the FAA

proposes that all turbojets used in

scheduled passenger-carrying

operations under part 135 comply with

part 121 requirements regardless of

seating capacity.

The FAA Administrator, when

prescribing safety regulations, is

required by statute to consider ‘‘the duty

of an air carrier to provide service with

the highest possible degree of safety in

the public interest.’’ (49 U.S.C.

44701(d)(1)(A)) The FAA considers that

the most appropriate way to meet this

statutory mandate and to reduce the

accident rate for current part 135

commuters operating airplanes with 10

to 30 passenger seats is to require

scheduled passenger operations in those

airplanes to meet most of the minimum

requirements of part 121 that are

relevant to the type of operation and

size of the airplane.

Typically, the FAA revises safety

regulations when specific events (such

as accidents or incidents) indicate a

need to raise or adjust certain standards.

In most instances when standards are

revised the FAA can discuss specific

reasons for each change and can

estimate whether each change is cost

beneficial. This proposed rulemaking

does not lend itself to this type of item

by item justification and cost benefit

analysis because it is difficult to

precisely state which rule, in isolation

from other rules, will prevent an

accident or incident.

The numerous proposed revisions

that would result from requiring

affected part 135 commuter operators to

comply with most part 121

requirements cannot readily be

evaluated according to specific

accidents that would be prevented. The

FAA is proposing to apply much of the

part 121 requirements on affected part

135 commuters because the agency

believes that for those commuters the

part 121 approach is appropriate for the

type of operations these affected

commuters conduct and that the part

121 approach to safety will reduce the

accident rate for those operators. The

proposed revisions cumulatively would

increase the level of safety by requiring

certain improvements in flightcrew

qualifications, cabin safety equipment

and cabin materials, airplane

preformance requirements, aircraft

operational control, and aircraft

maintenance. Some proposed

requirements would be simply a

necessary part of the overall revision.

For example, compliance with the

manual requirements of part 121, which

are similar to the requirements for

affected commuters in part 135, would

necessitate developing, producing, and

distributing new manuals to reflect the

many operational changes that would

result. A dispatch system, for example,

would require numerous manual

changes. Compliance with the manual

requirements simply reinforces many

safety requirements found elsewhere. It

also sets forth the operator’s approved

procedures for dealing with various

situations. The impact of such a change

cannot be evaluated separately in terms

of accidents prevented, but manual
16234 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

changes are an essential part of

changing a part 135 operation to a part

121 operation.

Other revisions, such as requirements

for certain cabin safety equipment and

materials, are cumulative; that is, each

requirement works as part of the overall

change to increase the survivability rate

in accidents. Increasing the safety level,

including passenger survivability in

accidents, is the result of many distinct

requirements associated with emergency

equipment, crewmember training,

passenger briefing, and aircraft interior

design. Over time, these improvements

in cabin safety have saved many lives,

prevented injuries, and prevented

damage to property, though it would be

almost impossible to determine how

many lives have been saved or injuries

prevented by any specific requirement.

The basic justification for many of these

requirements is that they make sense if

the goal is to get passengers out of an

accident alive.

The same is true for many of the

proposed revisions in this rulemaking.

The overall approach to regulating

under part 121 has proven to provide

the highest level of safety in air

transportation in the world. Therefore,

wherever feasible and logical, the FAA

proposes to apply the part 121 approach

to the affected commuters in order to

increase safety in these operations.

Because the accident rate for part 135

commuters using aircraft configured

with 10–30 seats is .33 per 100,000

departures, these proposed changes will

yield safety benefits that outweigh costs

even if the rule is only 75% effective.

V. Major Issues [See Table 1]

In the development of this

rulemaking, the FAA addressed several

major issues. One of these issues is

applicability, the question of where to

draw the dividing line for commuter

operations. Currently scheduled

passenger-carrying operations in

airplanes with a passenger-seating

configuration of more than 30 seats

must comply with part 121

requirements. Commuter operations

under part 135 include scheduled

passenger-carrying operations in

airplanes of 30 seats or less. While this

proposal is drawing the part 121

dividing line at scheduled passengercarrying operations using airplanes

having a passenger-seating configuration

of 10 or more, it can be argued that all

passenger-carrying airplane operations

under part 135, including on-demand

air taxi operators, should meet the safety

requirements of part 121. Another major

issue is aircraft type certification. Some

of the airplanes being affected by this

rulemaking are type certificated under

part 23 requirements for commuter

category airplanes (or earlier versions—

SFAR 23 or 41), which are in some

respects less stringent than the

requirements in part 25 for transport

category airplanes. The issue is whether

all airplanes used by affected

commuters should be type certificated

under part 25 as transport category

airplanes, so that at some point in the

future only part 25-certificated airplanes

could be used in scheduled passengercarrying operations. The FAA also

considered several issues connected

with operational safety. These issues

include airmen qualifications, crew

flight time requirements, the need for

dispatch systems, and compliance with

safety equipment requirements. The

FAA also considered the issue of

operating into and out of airports that

do not meet part 139 (Certification and

Operations: Land Airports Serving

Certain Air Carriers) requirements.

TABLE 1.—SUMMARY OF MODIFICATIONS CONSIDERED

Effective date of required upgrade is as stated,

measured from the rule publication date

Upgrade will apply to all

airplanes including new and

future certificated

Upgrade will

apply to

newly manufactured

and future

certificated

airplanes

Upgrade will

apply to

future certificated airplanes

Issue/Requirement W/I 12

months

W/I years

(#)

After years#

After 3/24/95

1. Passenger Seat Cushion Flammability .................................................................. ...................... 2 ...................

2. Cargo and Baggage Compartments ...................................................................... ...................... ................... 4

3. Fuel Tank Access Covers ...................................................................................... ...................... ................... ................... Yes.

4. Lavatory Fire Protection ......................................................................................... ...................... 2 ...................

5. Access to Emergency Exits ................................................................................... ...................... ................... ................... Yes.

6. Ditching Emergency Exits ...................................................................................... ...................... 2 ...................

7. Two-discharge Fire Extinguishers .......................................................................... ...................... ................... ................... Yes.

8. Damage Due to a Failed Prop. Blade ................................................................... ...................... ................... ................... Yes.

9. Bird Strike Damage ................................................................................................ ...................... ................... ................... Yes.

10. Flammability of Interior Materials ......................................................................... ...................... ................... 4

11. Dynamic Seat Testing .......................................................................................... ...................... ................... ................... Yes.

12. Floor Proximity Lighting ....................................................................................... ...................... 2 ...................

13. Redundant Control Systems ................................................................................ ...................... ................... ................... Yes.

14. Exterior Emergency Exit Markings ....................................................................... Yes ............... ................... ...................

15. Separation of Pitot Tubes .................................................................................... ...................... ................... ................... Yes.

16. Pitot Heat Indication System ................................................................................ ...................... 4 ...................

17. Landing Gear Aural Warning ............................................................................... ...................... 2 ...................

18. Takeoff Warning System ...................................................................................... ...................... ................... 4

19. Self Locking Nuts, Fasteners ............................................................................... ...................... ................... ................... Yes.

20. Dual Control System ............................................................................................ ...................... ................... ................... Yes.

21. Reinforcement Near Propellers ............................................................................ ...................... ................... ................... Yes.

22. Exterior Emergency Lighting ................................................................................ ...................... 2 ...................

23. Emergency Exit Handle Illumination .................................................................... ...................... 2 ...................

24. Performance & Obs. Clearance ........................................................................... Yes ............... ................... ...................

25. Accelerate-stop Requirements ............................................................................. Yes ............... ................... ...................

26. First Aid Kits-new req., 10–19 Pax ...................................................................... Yes ............... ................... ...................

27. Emergency Medical Kits, 20–30 Pax ................................................................... Yes ............... ................... ...................

28. Wing Ice Light ...................................................................................................... Yes ............... ................... ...................

29. Fasten Seat Belt Light ......................................................................................... Yes ............... ................... ...................
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16235

TABLE 1.—SUMMARY OF MODIFICATIONS CONSIDERED—Continued

Effective date of required upgrade is as stated,

measured from the rule publication date

Upgrade will apply to all

airplanes including new and

future certificated

Upgrade will

apply to

newly manufactured

and future

certificated

airplanes

Upgrade will

apply to

future certificated airplanes

Issue/Requirement W/I 12

months

W/I years

(#)

After years#

After 3/24/95

30. Third Attitude Indicator ......................................................................................... Yes ............... ................... ...................

31. Airborne Weather Radar ...................................................................................... Yes ............... ................... ...................

32. Protective Breathing Equipment .......................................................................... ...................... 2 ...................

33. Single Point Inertial Harness ............................................................................... ...................... ................... 1

34. Cabin Ozone Concentration ................................................................................. Yes ............... ................... ...................

35. Retention of Galley Equipment ............................................................................ Yes ............... ................... ...................

36. Transponders ....................................................................................................... Yes ............... ................... ...................

37. Cargo in Pax Compartment ................................................................................. Yes ............... ................... ...................

38. Two Landing Lights .............................................................................................. ...................... ................... ................... Yes.

V.A. Applicability

The FAA is proposing that in addition

to the operations already covered by

part 121, those requirements would

apply to all scheduled passengercarrying operations for compensation or

hire in airplanes with a passengerseating configuration of 10 or more seats

and to all scheduled passenger-carrying

operations for compensation or hire in

turbojet-powered airplanes regardless of

seating capacity. (Throughout this

document operators of those airplanes

may be referred to as ‘‘the affected

operators’’ or ‘‘the affected commuters’’

or words to that effect.) The proposed

dividing line would bring most

commuter operations now conducted

under part 135 into part 121. There are

scheduled operations using airplanes of

less than 10 passenger seats conducted

under part 135 but they typically occur

in geographic areas such as Alaska and

Hawaii where air transportation is

virtually the only feasible mode of

transportation and where the

operational environment is unlike other

air transportation environments. They

typically are short-haul operations often

carrying only four to six passengers.

They resemble air taxi operations more

than commuter operations even though

the flights are scheduled.

The NTSB, as stated earlier in this

preamble, recommends that the FAA

revise the regulations so that all

scheduled passenger service in

airplanes with 20 or more passenger

seats be conducted under part 121 and

that scheduled passenger service

conducted in airplanes with 10 to 19

passenger seats be conducted under part

121 or its functional equivalent

wherever possible. This proposal is in

line with the NTSB recommendation.

While all certificate holders operating

airplanes in scheduled passengercarrying operations with a 10 or more

passenger seat configuration would

come under part 121, if compliance

with certain requirements would not be

feasible for certain airplanes, the

proposed rule would provide an

exception or appropriate alternate

standards. (All significant exceptions

are specifically covered in the subpart

discussion of this preamble.)

The proposed rule would also change

the definition of ‘‘scheduled.’’ The

frequency of operations test of five

round trips per week would be

eliminated. For a discussion of this

issue, see the part 119 discussion in

section VI.A of this preamble.

All turbojets used in scheduled

passenger-carrying operations,

regardless of the seating configuration,

would be moved over to part 121

because the typical type of operation of

these airplanes warrants a higher safety

standard. The FAA believes that

currently no turbojets are being used in

scheduled passenger-carrying

operations under part 135 and that this

part of the proposed applicability would

not affect any current operator. The

FAA seeks comments on whether any

turbojets are being operated in

scheduled passenger-carrying

operations under part 135 and would be

affected by this rulemaking.

On-demand air taxi operations are not

being included in the proposal because

these operations are unlike commuter or

major air carrier operations. In addition,

the NTSB recommendations and the

accidents that spawned this rulemaking

involve only commuter operations. Any

part 135 certificate holder who conducts

on-demand operations could be

authorized to conduct its operations

under certain part 121 rules [see

proposed section 119.21(c)].

Single-engine airplanes are not

included in the proposed rule because

part 121 applies only to multiengine

airplanes. Single-engine airplanes

would continue to operate under part

135 whether scheduled or not. However,

part 135 would apply to scheduled

passenger-carrying operations with

airplanes with a seating capacity of 9 or

less passenger seats. Therefore, singleengine airplanes with a seating capacity

of more than 9 passenger seats would

also be prohibited from conducting

scheduled operations under part 135. In

effect, this rulemaking would require

single-engine airplanes with 10 or more

passenger seats now operated in

scheduled passenger-carrying

operations under part 135 to reduce the

passenger-seating capacity to 9 or less.

Single-engine airplanes that are used in

nonscheduled operations in common

carriage may continue to operate under

the on-demand rules of part 135.

The primary impact on the use of

single engine-airplanes would be on

operations in Alaska. The FAA

specifically requests comments on the

potential impact on Alaskan operations.

Comments should contain as much

factual information as possible and

should address possible alternative

requirements where the commenter

believes that this proposal would cause

unjustified limitations on current

airplane operations in Alaska.

Rotorcraft operations would remain

under part 135; however, additional

standards for scheduled passengercarrying rotorcraft operations may be

considered at a future date. Also,

additional standards for on-demand air

taxi operations may be considered in the

future.

V.B. Aircraft Certification

Airplanes operated under part 121 are

type certificated under part 25 (or a

predecessor or are subject to special

airworthiness requirements in part 121),
16236 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

which specifies airworthiness standards

for transport category airplanes. Those

airplanes operated under part 135 that

have a passenger-seating configuration

of 20 to 30 seats are also type

certificated under part 25. Other

airplanes operated under part 135 are

permitted to be type certificated under

part 23, which specifies airworthiness

standards for normal, utility, acrobatic,

and commuter category airplanes.

Airplanes operated under part 135 and

having a passenger-seating configuration

of 10 to 19 seats are type certificated

under the commuter category

airworthiness standards of part 23 (or a

predecessor to commuter category

airplanes, e.g., SFAR 23, SFAR 41). To

be type certificated under the normal

category of part 23, the airplane must

have a maximum certificated takeoff

weight of less than 12,500 pounds.

Nothing prohibits a manufacturer from

type certificating a 10- to 19-seat

airplane under part 25.

An applicant for type certification of

a turbopropeller-powered airplane with

a passenger seating capacity of 19 or less

passenger seats has the option of

requesting type certification in either

the commuter category under the

provisions of part 23 of the FAR or the

transport category under the provisions

of part 25 of the FAR. Commuter

category type-certification standards

differ in some areas from the

corresponding transport category typecertification standards. In some of those

areas, airplanes with a passenger seating

capacity of 19 or less passenger seats

can achieve the same level of safety

without full compliance with the

standards of part 25 because of their

size, airspeed, or other pertinent

parameters.

In the interest of establishing a

common approach for all airplanes with

10 or more passenger seats used in

scheduled passenger-carrying

operations under part 121, the FAA

proposes to amend part 121 to require

all airplanes for which an application

for type certification is made after

March 24, 1995, including those with

10- to 19-passenger seats, to be type

certificated in the transport category if

they are operated in scheduled

passenger operations. In order to ensure

that this proposed change would not

place any undue burden on an applicant

for type certification of airplanes that

could otherwise be type certificated in

the commuter category, the FAA plans

to review the standards of parts 23 and

25. If it is determined that the level of

safety intended by part 25 could be

achieved for those airplanes with 19 or

fewer passenger seats through

compliance with a particular standard

of part 23 in lieu of the corresponding

standard of part 25, part 25 would be

amended to offer the part 23 standard as

an option. Areas identified for further

review in this regard include:

§ 25.21(f) Measurement of wind 10

meters above the surface,

§ 25.251 Vibration and buffeting,

§ 25.361 Engine torque,

§ 25.812(b) Exit sign size, and

§ 25.812(l) Inoperative lighting.

The FAA specifically requests

comments concerning the above

subjects and standards of part 23

commuter category that could be

considered as optional standards for

part 25. It must be emphasized that any

standard adopted as an option must

achieve the same level of safety as that

currently intended by part 25. Although

this study is prompted by the 10- to 19-

passenger airplanes that would be

operated under part 121, any changes

made to part 25 in this regard would

apply to type certification of each 10- to

19-passenger airplane in the transport

category. Any changes to part 25 that are

deemed appropriate would be the

subject of a future notice of proposed

rulemaking.

The FAA also proposes that airplanes

configured with 10- to 19-passenger

seats already in service or manufactured

in the future under an already existing

part 23 commuter category type

certificate would have to comply with

certain performance and equipment

requirements in part 121. Some of these

part 121 requirements would be based

on part 25 requirements. The FAA

proposes specific compliance dates,

recognizing that for some airplanes the

cost of retrofitting may result in

discontinuing use of the airplane and

replacing that airplane with a part 25

certificated airplane.

V.C. Flight Time Limits and Rest

Requirements

Subpart Q of part 121 establishes the

flight time limits and rest requirements

for flight crewmembers used by

domestic air carriers. Flight time limits

and rest requirements for flight

crewmembers used by flag and

supplemental operators are established

in subparts R and S, respectively. The

comparable limits in part 135 are in

subpart F.

In 1985 (50 FR 29319; July 18, 1985),

the FAA issued changes to the flight

time limitation and rest requirements in

parts 121 and 135. These changes

clarified and improved the flight time

limits and rest requirements in part 121

for domestic operations and for the first

time established cumulative weekly,

monthly, and annual flight time

limitations in part 135. The flight time

limitations for scheduled operations

under part 135 are less restrictive than

those for domestic part 121 operations.

Currently under part 121, domestic

flight time limits (§ 121.471) are 1,000

hours per calendar year, 100 hours per

calendar month, and 30 hours in any

consecutive 7 days. Flag flight time

limits (§ 121.481) are 1,000 hours per

12-calendar-month period, 100 hours

per calendar month, and 32 hours in

any 7 consecutive days. Under part 135

(§ 135.265), scheduled passengercarrying operations must comply with

flight time limits of 1,200 hours per

calendar year, 120 hours per calendar

month, and 34 hours in any 7

consecutive days.

For comparison purposes:

121 domestic 121 flag 135

1,000 1,000 1,200

100 100 120

30 32 34

At the time these rules were issued,

the FAA believed that the less

restrictive cumulative flight time limits

of part 135 were acceptable because part

135 operators had not previously had

any cumulative limitations and the less

restrictive limits allowed for some

flexibility for operations that

necessitated more flight hours during

peak seasons.

There is no longer a justification for

the difference in cumulative flight time

limits between commuter operations

conducted under part 121 and those

conducted under part 135. Both types of

operators are conducting similar types

of operations in similar environments.

In some instances the same operator is

flying operations under both parts 121

and 135 and applying the less restrictive

flight time limits for its part 135

operations. The only significant

differences are in the size of the

airplanes and the number of passengers,

differences that do not justify less

restrictive flight time limits for

crewmembers.

Therefore, the FAA proposes that the

part 121 domestic flight time limits and

rest requirements would apply to

affected commuter operators when

conducting operations within the

United States. Affected commuter

operators when conducting operations

to or from the United States would

comply with the flag flight time

limitations and rest requirements of

subpart R.

Additionally, when these operators

use these same airplanes for

nonscheduled operations, those

airplanes would be required to comply
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16237

with supplemental flight time

limitations and rest requirements of

subpart S of part 121. (See the

discussion under part 119 of the

preamble for further information on flag

and supplemental operations.)

The flight time limitations and rest

requirements for flag and supplemental

operations were not updated in 1985

when domestic limits were. In view of

this, the FAA is developing an NPRM

that it plans to issue in mid-1995 that

would set forth a common approach to

reduce the effects of fatigue on

crewmembers in all kinds of operations

under parts 121 and 135.

Section 135.261(b)(1) allows

scheduled passenger-carrying

operations conducted solely within the

State of Alaska to comply with the

nonscheduled limitations of part 135.

This rulemaking does not propose to

include an exception for Alaska under

part 121 flight time limits. This

proposal, in effect, would eliminate this

option in Alaska for scheduled

passenger-carrying operations of

airplanes with 10 or more passenger

seats. The FAA believes this is

necessary because pilots in Alaska are

flying in the same type of scheduled

operations as pilots in other parts of the

country and are subject to the same

fatigue factors. The FAA does, however,

recognize that Alaskan operations pose

certain unique problems, and the FAA

requests comments on alternatives that

could be considered.

V.D. Age 60 Rule

Section 121.383 prohibits a certificate

holder from using the services of any

person as a pilot on an airplane engaged

in operations under part 121 if that

person has reached his or her 60th

birthday and prohibits any person from

serving as a pilot on an airplane engaged

in part 121 operations if that person has

reached his or her 60th birthday. Part

135 does not have any age limitation.

The FAA proposes to impose one age

limit on all pilots employed in part 121

operations, including those pilots

currently employed in certain part 135

scheduled operations.

The Age 60 Rule, as the requirement

has come to be known, has been the

subject of considerable attention by the

FAA, pilot groups, and others. The FAA

is presently considering whether, in the

interest of safety, the Age 60 rule should

be maintained as is or revised to allow

pilots to continue to fly in part 121

operations past their 60th birthday. If

the FAA determines that it is

appropriate to propose a different age

limitation, it will propose to apply the

revised limitation to all part 121

operations, including those commuter

operations affected by this rule.

V.E. Dispatch System

Parts 121 and 135 require operators to

exercise operational control over all

flights conducted by the operator.

Operational control is defined in 14 CFR

part 1 as ‘‘the exercise of authority over

initiating, conducting and terminating a

flight.’’ Operational control consists of

making decisions and performing

activities on a daily basis which are

necessary to operate specific flights

safely. These activities include, but are

not limited to, crew and airplane

scheduling, reviewing weather and

NOTAM’s (Notices to Airmen), and

flight planning. Operational control

systems vary according to the kind of

operation, the complexity of operations,

and the means of communication used

to exercise operational control. Parts

121 and 135, in pertinent part, provide

for three general types of operational

control systems: Aircraft dispatch, flight

following, and flight-locating systems.

While part 121 requires certificate

holders conducting domestic and flag

operations to have aircraft dispatch

systems to exercise operational control

of flights, part 135 does not. A

certificate holder that conducts

domestic or flag operations under part

121 must use a certificated aircraft

dispatcher. The aircraft dispatcher in

conjunction with the pilot in command

(PIC), establishes the flight plan and

monitors the flight from flight release to

flight completion. The aircraft

dispatcher provides the PIC with

information on weather changes, fuel

level, weight and balance, and

destination airport conditions and

capabilities; and, jointly with the PIC,

makes decisions affecting the

continuing safety of the flight. Under

part 135 operations the PIC is typically

responsible for these operational control

functions. The following sections

describe the three types of operational

control in the FAR.

Aircraft Dispatch Systems. Section

121.395 requires operators subject to the

flag or domestic rules of part 121 to use

certificated aircraft dispatchers who,

along with the PIC, under §§ 121.533

and 121.535, are jointly responsible for

exercising operational control over

certain aspects of flights. A PIC may not

initiate or continue a flight unless both

the PIC and the aircraft dispatcher

controlling the flight agree that the flight

can be conducted safely as planned

under reported and forecast conditions.

The FAR require that both the aircraft

dispatcher and the PIC sign a dispatch

release. Section 121.463 requires that

each aircraft dispatcher be familiar with

all essential operating procedures for

that segment of the operation over

which he or she exercises dispatch

jurisdiction. Before dispatching any

flight, an aircraft dispatcher must be

thoroughly familiar with the en route

and terminal weather conditions and

the status of communications,

navigation, and airport facilities.

Section 121.601 requires that the aircraft

dispatcher provide the PIC with a

preflight briefing on each of these items.

An aircraft dispatcher must monitor the

progress of each flight under the

dispatcher’s control until the flight has

landed or passed beyond the

dispatcher’s area of control or until the

dispatcher is relieved by another

dispatcher. Flight monitoring, at a

minimum, must include monitoring the

flight’s fuel supply, remaining flight

time, terminal weather trends, en route

winds and weather, and the status of

airport and navigational facilities.

Section 121.99 requires that rapid and

reliable two-way radio communications

between each flight and the dispatcher

be available at any time in the flight.

Once initiated, a flight must continue to

its destination as planned and in

accordance with the conditions of the

dispatch release unless, in the opinion

of either the PIC or the dispatcher, it is

unsafe to do so. In such cases, the

dispatch release must be amended.

Section 121.557 authorizes the PIC to

deviate from the conditions of the

dispatch release to the extent necessary

for safety in an emergency. When the

PIC exercises this authority, the

regulation requires the PIC to keep both

air traffic control (ATC) and dispatch

fully informed of the progress of the

flight.

Flight Following Systems. Operators

subject to part 121 supplemental rules

(charter operations, all-cargo operations,

etc.) are not required to have dispatch

systems because such systems are

impractical for operators who do not fly

to the same destinations on a scheduled

basis. Section 121.537 requires

operators who are subject to the

supplemental rules of part 121 to place

the major responsibility for operational

control of flights with the director of

operations. The director of operations

may delegate authority for the control of

the flight to other employees (known as

flight followers). Flight following

personnel are not required to be

certificated aircraft dispatchers. Under a

flight following system, PIC’s are

responsible for preflight planning and

for the safe conduct of the flight. A PIC

may not begin a flight unless the PIC is

thoroughly familiar with reported and

forecast weather conditions on the route
16238 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

to be flown and has obtained all

available reports on airport conditions

and irregularities of navigation facilities

that may affect the safety of the flight.

A flight release specifying the

conditions under which the flight will

be conducted is prepared and signed by

the PIC before the flight may depart.

Section 121.597(b) prohibits the PIC

from signing the release until the

director of operations or the flight

follower, if delegated the authority,

concurs that the flight can be safely

conducted as planned. During the flight

the PIC must obtain any additional

available information on meteorological

conditions and navigational and airport

facilities that may affect the safety of the

flight. The operator is responsible for

ensuring that the PIC has the means to

obtain this information. The operator is

not required to provide the capability

for inflight radio communications

between the director of operations or

flight follower and the PIC. The director

of operations is responsible for

monitoring the progress of each flight

from its point of origin to its arrival at

the destination.

Flight Locating Systems. While

§ 135.77 requires that each operator

exercise operational control, part 135

does not specify a particular means of

exercising continuous operational

control of all aspects of the flight. Since

part 135 operations range from visual

flight rule operations in simple

airplanes to extended overwater

operations in jet transport airplanes, the

regulations allow the operator to use a

means that is appropriate to the

operating conditions. Part 135 does not

require operators to prepare a formal

release authorizing a specific flight.

Section 135.69 requires that the operator

restrict or suspend operations when

either the PIC or the operator becomes

aware of a hazardous condition. The

operator’s manual must provide for

adequate briefing and trip planning

procedures to ensure that all safety

requirements are fulfilled. Part 135

operators commonly delegate release

authority to PIC’s. Section 135.79

requires that each operator maintain at

least a flight locating system for those

flights for which an FAA flight plan is

not filed. The system must provide for

the timely notification of an FAA

facility or a search and rescue facility if

an airplane is overdue or missing. Part

135 operators may require PIC’s to file

ATC flight plans as a means of

complying with this requirement. Part

135 operators are not required to have

the capability to contact flights while

they are airborne. Part 135 does not

specify the qualifications or titles of

individuals authorized to release or

follow flights.

FAA Dispatch Proposal. For

scheduled passenger-carrying

operations, the safest means for

maintaining operational control is an

aircraft dispatch system. This allows for

information relevant to the flight to be

accessed and passed on to the pilot

throughout the flight. It also provides

the pilot with verification of pilot

calculations related to weight and

balance, fuel load, etc., since these

detailed calculations are also performed

by the aircraft dispatcher. Weather

changes en route, airport and airport

facility, and other essential information

is made available to the pilot through

the dispatcher. If an inflight emergency

occurs, the pilot and the dispatcher can

communicate on the safest measures to

follow.

While the safety benefits of a dispatch

system are significant, there is

substantial cost involved in establishing

a dispatch system because dispatchers

must be hired and trained and dispatch

centers and equipment must be

available for communicating. In

addition, some part 135 operators who

would be subject to part 121

requirements as a result of this

rulemaking already use an aircraft

dispatch system.

The Congressional hearings on

commuter operations included

presentations directly related to

requiring dispatchers for commuter

operations conducted under part 135.

Arguments for part 135 dispatchers

included the following: (1) NTSB said

that a lack of direct management

oversight and inexperienced crews may

have contributed to some part 135

commuter accidents and that a

dispatcher may provide an additional

safety enhancement; (2) the Airline

Dispatchers Federation (ADF) said that

dispatchers can prevent accidents by

assisting the pilot with preflight

planning and providing safety

information throughout flights. ADF

added that using dispatchers would not

be costly because carriers would save

fuel. They also said that sufficient staff

may already exist to handle dispatcher

duties. ADF representatives testified

that pilots should fly the airplane and

let dispatchers take over some of the

traditional pilot workload (e.g., flight

planning to include fuel planning,

weather checks, weight and balance

calculations).

Contrary to ADF’s suggestion about

dispatchers taking over some of the

pilots’ work load, the FAA believes that,

although the aircraft dispatcher initially

performs certain calculations, the pilot

is still required to check the dispatcher’s

calculations before flight. The

redundancy of the dispatch system

provides assurance that the calculations

are accurate. This is especially

important in fast turn-arounds, common

in commuter operations.

The NTSB safety study on commuter

airline safety (as cited earlier) reports

that for 20 commuter airlines that were

surveyed: 4 provide licensed dispatch

services (these 4 also conduct part 121

scheduled operations); 16 provide

weather information to the pilot at each

station through computerized services,

station agents, or ramp personnel; at 19

airlines, the pilots calculate weight and

balance for each flight; and at 11

airlines, the pilots are responsible for

calculating the minimum fuel load for

each flight.

The NTSB found that pressures on

part 135 pilots to accomplish several

tasks—such as obtaining weather

information, calculating minimum fuel

load, and calculating weight and

balances—between flights in short

periods of time increase the risk of

critical mistakes that could jeopardize

safety.

Pilot responses to questions in the

survey about dispatch services and

comments made during a public forum

conducted by NTSB indicated that it

was extremely difficult for the pilots to

accomplish the tasks correctly in the

amount of time they had during turnarounds. Pressure to perform the tasks

rapidly is most extreme for newly

employed captains and first officers

who are concerned that their

performance evaluations will suffer if

they are responsible for flight delays.

Pilots reported that they would feel

more confident if their weight and

balance and fuel calculations were

verified by a trained and licensed

dispatcher.

The NTSB safety study

recommendations include requiring

principal operations inspectors to

periodically review air carrier flight

operations policies and practices

concerning pilot tasks performed

between flights to ensure that carriers

provide pilots with adequate resources

(such as time and personnel) to

accomplish those tasks. (NTSB

recommendation A–94–193)

To correct these identified problems,

the proposed rule would require all

affected commuters to meet all part 121

dispatch requirements, including

dispatcher qualification requirements,

recordkeeping, and flight release

requirements. Affected commuters who

would conduct some nonscheduled

flights under part 121 supplemental

rules could use a flight following

method for the nonscheduled flights.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16239

The FAA does, however, recognize that

Alaskan operations pose certain unique

problems, and the FAA requests

comments on alternatives that could be

considered.

V.F. Major Equipment Items

Part 121, subpart K, contains certain

equipment requirements for airplanes

operated under that part. Some of these

items of equipment are considered

major because they are relatively costly

to buy and install and they provide

major safety benefits. These items

include flight data recorders (§§ 121.343

and 135.152), traffic alert and collision

avoidance system (§§ 121.356 and

135.180), airborne weather radar

(§§ 121.357 and 135.173), low altitude

windshear (§ 121.358), and cockpit

voice recorders (§§ 121.359 and

135.151). Of the above items, airborne

weather radar is the only equipment

requirement that would be added for 10-

to 19-passenger-configurated airplanes

under this proposal. Each major

equipment requirement affected or not

affected by the proposed rule is

discussed below.

Flight Data Recorders (FDR). FDR are

required in part 121 for all large

airplanes. Stated simply, the regulations

require operators to equip certain

airplanes at specified times with digital

FDR that have 6, 11, or 17 data

parameters depending on the date of

type certification or manufacture of the

airplane. FDR are required in part 135

for multiengine turbine-powered

airplanes with a passenger-seating

configuration of 10 to 19 seats that were

brought on to the U.S. register after

October 11, 1991. This means that

airplanes manufactured after that date

or brought into the country and

registered after that date must have FDR,

but airplanes previously registered do

not have to be retrofitted with FDR.

Airplanes having a passenger-seating

configuration of 20 or more seats must

be equipped with FDR no matter when

they were registered.

FDR are an essential tool for

determining the causes of airplane

accidents. As cockpit technology has

advanced FDR have been developed to

capture more information on the flight

characteristics of an airplane and

thereby yield more helpful information

in determining the causes of accidents.

Concurrent with this rulemaking, the

FAA had determined that the FDR

regulations in part 121 need to be

updated to address technological

advances in airplanes and FDR

equipment. The FAA had made a

preliminary decision to issue a proposal

on FDR in the near future. Subsequent

to its review, the NTSB, on February 22,

1995, issued three recommendations

concerning FDR changes, and a public

meeting is scheduled for April 20, 1995.

In light of these developments, it would

not be prudent to require affected

operators to comply with current part

121 requirements at this time. This

proposal would therefore maintain the

status quo on FDR requirements,

pending future rulemaking.

Traffic Alert and Collision Avoidance

System (TCAS). Both parts 121

(§ 121.356) and 135 (§ 135.180) require

TCAS. Section 121.356(a) requires

TCAS II with an appropriate class of

Mode S transponders for airplanes with

more than 30 seats. Section 121.356(b)

requires passenger or combination

cargo/passenger airplanes with seating

configurations of 10 to 30 seats to have

an approved TCAS by December 31,

1995 (59 FR 67584; December 29, 1994).

In both part 121 and part 135, a TCAS

II System installed in a 10- to 30-seat

airplane must be capable of

coordinating with TCAS units that meet

TSO C–119.

Section 121.356(c) requires that the

manuals required by § 121.131 shall

contain certain information in the TCAS

II System. Section 135.180(b) has a

similar requirement stating that the

flight manual required by § 135.21 shall

contain certain information on TCAS I.

Since the requirements for 10- to 30-

seat airplanes are substantially the

same, affected commuters would be able

to comply with the part 121

requirements. The manual requirements

in part 121 would be updated to apply

to TCAS I as well as TCAS II.

Airborne Weather Radar. Section

121.357 requires an approved airborne

weather radar on all transport category

airplanes. Part 135 has requirements

identical to part 121 for large transport

category airplanes in passenger

operations (§ 135.175), but part 135

requirements are less restrictive for

airplanes with a passenger-seating

configuration of 10 to 19 seats (that is,

nontransport category) (§ 135.173).

These airplanes may have either

airborne weather radar or airborne

thunderstorm detection equipment.

Both parts 121 and 135 contain

exceptions for operations in the states of

Hawaii and Alaska and parts of Canada.

While most commuters operating

under part 135 probably have airborne

weather radar, some of the 10- to 19-

passenger-seat airplanes may not.

Airborne weather radar provides a

higher level of safety than thunderstorm

detection equipment because it provides

pilots with a more accurate presentation

of the relative location and distance of

potentially severe weather conditions.

Radar may be tilted up or down to show

the maximum tops of thunderstorm

areas and may be adjusted to display the

relative density and strength of the area

of potentially severe weather. With

radar in an aircraft it is feasible to

maneuver safely through an

unanticipated entrance into severe

weather conditions.

This proposal would require all

affected operators to have airborne

weather radar on their airplanes.

Low-Altitude Windshear. Low-altitude

windshear equipment provides a

warning to the flightcrew if windshear

is in the area and provides guidance for

avoiding windshear. Section 121.358

requires low-altitude windshear

equipment on turbine-powered

airplanes. The definition in

§ 121.358(d)(1) for turbine-powered

excludes turbopropeller-powered and

piston-powered airplanes. Part 135 does

not require low-altitude windshear

equipment. Both part 121 and part 135

(§§ 121.404 and 135.10) require

windshear training for crewmembers;

part 121 requires ground and flight

(simulator) training while part 135

requires ground training.

The proposed rule would not require

low-altitude windshear equipment for

turbopropeller-powered or pistonpowered airplanes since these airplanes

are already excluded under the part 121

definition. The performance

characteristics of these airplanes make

them better able to escape from an

inadvertent windshear encounter. The

turbopropeller engines and straighter

wings of these airplanes enable lift and

acceleration to be more immediately

applied, thus making the airplanes

better able to escape from inadvertent

windshear encounters.

If any turbojet-powered airplane is

being used in scheduled passengercarrying operations under part 135, it

would have to comply with the part 121

low-altitude windshear equipment

requirements. The FAA requests

information on any operator who would

be affected by this requirement.

Cockpit Voice Recorders (CVR). CVR

provide accident investigators with

information about the flight which helps

to determine the cause of an accident or

incident and thereby helps to prevent

future accidents.

Section 121.359 requires CVR on all

large turbine-engine-powered airplanes

and on large pressurized airplanes with

four reciprocating engines. Section

135.151(a) requires one standard of CVR

on all multiengine turbine-powered

airplanes or rotorcraft having a

passenger-seating configuration of six or

more and for which two pilots are

required by type certification, and

§ 135.151(b) requires another standard
16240 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

for all multiengine turbine-powered

airplanes or rotorcraft having a seating

configuration of 20 or more seats.

The proposed rule would not change

current CVR requirements. These

standards, updated in 1988, continue to

be appropriate to the types of operations

involved. The requirements now in part

135 for 10- to 19-seat airplanes would be

incorporated into part 121 under the

proposed rule.

V.G. Airports

Section 121.590 requires that no air

carrier or pilot conducting operations

under part 121 may operate an airplane

into a land airport in the U.S. (or

territory, etc.) unless the airport is

certificated under 14 CFR part 139.

Section 135.229 states that no certificate

holder may use any airport unless it is

adequate for the proposed operation.

Part 139 prescribes regulations

governing the certification and

operation of land airports that are

served by any scheduled or

nonscheduled passenger air carrier

operating airplanes with a seating

capacity of more than 30 passengers.

Therefore, part 135 commuter operators

may use airports that are not FAA

certificated.

Part 139 contains requirements for

aircraft rescue and fire fighting

equipment, airport guidance signs,

airfield inspection procedures, airport

staff training, airfield discrepancy

reporting (Notices to Airmen), airfield

pavement maintenance standards,

emergency plans, snow and ice control

plans, and runway and taxiway

standards.

The statutory authority for the FAA to

certificate airports, as specified in 49

U.S.C. 44706(a), limits that authority to

an airport ‘‘that serves an air carrier

operating aircraft designed for at least

31 passenger seats.’’ The NTSB has

recommended that the FAA seek

legislative expansion of the statute to

include in the Airport Certification

Program all airports served by air

carriers that provide scheduled

passenger carrying service and revise

part 135 to permit scheduled passenger

operations only into airports certificated

under the standards in part 139.

In response to the NTSB

recommendation, the FAA in

conjunction with the Department of

Transportation, is proposing legislation

which would grant the agency the

authority to certificate any airport

which receives scheduled service by an

air carrier utilizing airplanes designed

for 10 or more passenger seats. If

approved, this legislation would add

approximately 200 airports to the FAA’s

airport certification program.

Until such legislation is enacted,

according to the proposed rule, affected

commuters would be permitted to

operate into other than part 139

certificated airports. Should the FAA

receive expanded authority over airport

certification, the FAA would, through

rulemaking, propose standards that are

sufficiently flexible to cover the range of

airports presently served under part

135. These standards could not, in all

cases, be at the level currently required

under part 139 for part 121 operations.

In anticipation of receiving the

necessary legislative authority, the FAA

has proposed a task to the Aviation

Rulemaking Advisory Committee

(ARAC). The task requests ARAC to

recommend what requirements in part

139 should be applicable to these

airports. In making these

recommendations ARAC is to consider

accepted industry practices regarding

airport safety, personnel available at

these airports, costs associated with

meeting these requirements (e.g.,

capital, operating, and maintenance

costs), and the types of accidents/

incidents that have occurred at these

airports. The ARAC task allows all

segments of the industry the

opportunity to provide input into this

effort at the earliest stages and will serve

as the basis for rulemaking if the

legislative authority is granted.

V.H. Proposed Effective Date and

Compliance Schedule

The FAA proposes an effective date of

30 days and a general compliance date

of 1 year. The FAA also proposes

delayed compliance dates for certain

actions as listed below. Proposed

§§ 121.2 and 135.2 set out the

compliance schedule and an accelerated

compliance option, as discussed below.

Under the proposal, affected operators

would comply with each requirement in

part 121 unless an exception is provided

in part 121. Therefore, it is important for

affected operators to examine and

comment on the potential impact on

their operations of every part 121

requirement and not just those

requirements specifically discussed in

this NPRM.

It is the FAA’s intention that if a final

rule is adopted as a result of this NPRM,

the final rule would be published not

later than December 31, 1995, and that

within 1 year of that date, that is, by

December 31, 1996, all affected

operators that have air carrier

certification or operating certificates

issued under part 135 at the time of

publication would have completed the

approval process and obtained new

operations specifications giving them

authority to conduct domestic or flag

operations under part 121.

Under this proposal, persons who

submit applications for or obtain air

carrier certificates or operating

certificates after 30 days after the

effective of the final rule would be

required to obtain part 121 operations

specifications; however, these new

entrants would meet the same

requirements as the affected commuters,

i.e., delayed dates for compliance and

retrofit.

The FAA proposes longer compliance

dates than the proposed 1-year general

compliance date for some equipment

requirements. These requirements,

which fall into two categories, retrofit

requirements and requirements for

newly manufactured airplanes, are

explained later in the preamble under

the applicable part 121 subpart and are

set out in proposed §§ 121.2 and 135.2

(these two sections are identical). In

each case, the FAA has calculated the

compliance time in consideration that,

even if each of the retrofits were to be

started immediately, it would take

considerable time to accomplish them

fleet-wide. Factors that mitigate for a

period longer than one year include:

• The necessity for redesign of

approved structures and systems, and

the extent of those redesigns.

• The requirement to test such

redesigns, including the effect of the

redesign on other systems.

• The availability of FAA resources

for witnessing tests and for making

findings of compliance.

• The labor and airplane downtime

necessary to accomplish the retrofits.

• The availability (or lack thereof) of

appropriate materials and parts, and

qualified designers and installers. The

short lead times from suppliers and

other entities not subject to direct

control of operators are also relevent,

especially since affected operators may

be competing for the same resources.

• The effect of achieving compliance

of other requirements that would be

imposed by this or other rulemakings.

(For example, the compliance period for

the proposed requirements for

flammability for compliant seat

cushions and flotation-capable seat

cushions would coincide.)

The longer compliance times are

summarized as follows:

Two-year retrofit period. The

following would require to be retrofitted

within 2 years after the publication date

of the final rule:

• Landing gear aural warning device

(§ 121.289).

• Ditching emergency exits

requirements in § 25.807(e)

(§ 121.293(a)).
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16241

• Lavatory fire protection (§ 121.308).

• Floor proximity lighting, emergency

exit handle illumination, and interior

and exterior emergency lighting

(§ 121.310 (c), (d), (e), and (h)).

• Passenger seat cushion flammability

and flotation (§§ 121.312(c) and

121.340).

• Protective breathing equipment

(§ 121.337(b)).

For example, compliance with the

lavatory fire protection requirements

would include redesigning existing

lavatories to incorporate automatic fire

extinguishers and other hardware,

where none had existed before. In

attempting to comply with the

passenger seat cushion requirements,

affected operators may end up

competing for suppliers’ cushion

materials. The incorporation of PBE

equipment in cockpits, where space

may be scarce, may necessitate design

compromises that must be carefully

evaluated.

Four year retrofit. The following

would be required to be retrofitted

within 4 years after the publication date

of the final rule:

• Pitot heat indication system

(§ 121.342).

Additional factors may mitigate for

proposing requirements to apply only to

newly manufactured airplanes. In

addition to consideration of the extent

of redesigning and replacing existing

systems and structures, the need to

revise and re-tool manufacturing

processes frequently will be relevant.

Newly manufactured within 1 year.

The following would be required of

newly manufactured airplanes operated

in scheduled service 1 year after the

publication date of the final rule:

• Safety belts and shoulder harnesses

(§ 121.311(f)).

Compliance with this requirement

would mandate that use of each belt and

harness system, when buckled, allows

each flight crewmember to perform their

duties, including reaching controls on

the flight deck; this may entail a

redesign to ensure the proper

crewmember-to-control interface.

Newly manufactured within 4 years.

The following would be required of

newly manufactured airplanes operated

in scheduled service 4 years after the

publication date of the final rule:

• Takeoff warning system

(§ 121.293(b)).

• Compartment interior flammability

(§ 121.312(a)).

• Cargo and baggage compartments

(§ 121.314).

Compliance with the cargo and

baggage compartment requirements, for

example, would involve redesigning the

airplanes to incorporate detector and

extinguisher systems; in addition, new

compartment liner materials would be

incorporated. Compliance would likely

necessitate the incorporation of

redesigned mechanical, structural, and

electrical systems to support the new

systems. Designs and materials that

have been approved for transport

category airplanes may or may not

‘‘work’’ in other certificated airplanes;

design and testing resources would be

expended to confirm whether they do.

Space within the fuselages of affected

airplanes will likely be at a premium,

thus limiting many design alternatives.

The availability of (or lack thereof)

design, part, and material support may

be noticeably affected by competition

for them among several operators.

To ensure an orderly transition to part

121 operations, the FAA proposes that

a transition plan be submitted by each

affected commuter within 60 days of the

publication date of the final rule. Such

a plan would enable operators to

transition to part 121 operations

efficiently and methodically, while

giving the FAA the information it needs

to allocate FAA inspector resources

appropriately to ensure that all affected

commuters receive both help and

oversight as they move to part 121

operations.

Proposed §§ 121.2(g) and 135.2(g) set

out the elements of the transition plan.

It must contain a calendar of events and

show detailed plans for obtaining new

part 121 operations specifications,

showing compliance with all applicable

part 121 requirements, and purchasing

and installing equipment within the

time allowed for each equipment

requirement. Specific discussion of such

items as developing and implementing

a dispatch system, updating manuals to

meet part 121 requirements, and

conducting any necessary proving tests

would be included in the plan. The plan

should also address how compliance

with this rule would be coordinated

with the implementation of the new rule

requiring training under part 121,

subparts N and O. (See discussion under

‘‘FAA Related Actions,’’ above.)

The FAA requests comments on the

proposed effective date and compliance

schedule. The FAA encourages affected

operators to achieve compliance sooner

than the 1-year general compliance date

and delayed compliance dates and

would like to provide incentives that

the FAA can reasonably provide. The

FAA requests comments on possible

incentives for early compliance.

VI. Discussion of Specific Proposals

VI.A. Part 119—Certification: Air

Carriers and Commercial Operators:

Summary

Purpose of Part 119. Part 119 is a

proposed new part that consolidates

into one part the certification and

operations specifications requirements

for persons who operate under parts 121

and 135. These regulations are currently

in SFAR 38–2, which replaced the

certification and operations

specification requirements in parts 121

and 135 in response to the Airline

Deregulation Act of 1978.

Part 119 was originally proposed in

1988 (53 FR 39853; October 12, 1988;

Docket No. 25713). Based on comments

received on the definition of ‘‘scheduled

operation’’ in the NPRM, the FAA

published a Supplemental Notice of

Proposed Rulemaking (SNPRM) in 1993

(58 FR 32248; June 8, 1993; Docket No.

25713).

In this NPRM, the FAA is

republishing the entire text of part 119

for comment because of the length of

time since the first NPRM, the number

of changes that have been made to the

proposed text, and the significance of

the changes to part 119 that are

proposed as a result of this NPRM.

In this section of the preamble,

changes to proposed part 119 that are

the result of this NPRM are explained.

Other changes to part 119 that are not

related to this NPRM are discussed later

in the preamble, after the discussion of

the proposed changes to parts 121 and

135.

The FAA requests comments on all

aspects of part 119. However, comments

already received on the first NPRM and

the SNPRM for part 119 will be

considered before issuing part 119 as a

final rule; therefore, commenters do not

need to repeat statements already

submitted to the FAA.

Changes to Part 119 as a Result of this

NPRM. Proposed § 119.3 contains

definitions for the 5 kinds of operations

conducted under parts 121 and 135

(Domestic, Flag, and Supplemental in

part 121 and Commuter and On-demand

in part 135). The FAA proposes to move

the affected commuters to part 121 by

changing the definitions for ‘‘Commuter

operations,’’ ‘‘Domestic operations,’’

and ‘‘Flag operations.’’

The most important change to the

proposed definitions of ‘‘domestic

operations’’ and ‘‘flag operations’’ is that

instead of applying to airplanes with

more than 30 passenger seats, the

definitions would apply to airplanes

with more than 9 passenger seats.

However, scheduled passenger-carrying

operations conducted with turbojet-
16242 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

powered airplanes are defined as

‘‘domestic operations,’’ or ‘‘flag

operations,’’ regardless of the number of

passenger seats. Minor changes are also

made in the part of the definitions that

specifically identify which operations

are considered ‘‘domestic’’ and ‘‘flag.’’

‘‘Domestic operations’’ generally mean

operations are conducted between

points within the 48 contiguous states

and the District of Columbia, or between

any two points within any state,

territory or possession of the U.S. ‘‘Flag

operations’’ generally mean operations

conducted between any point within

Alaska or Hawaii, or any territory or

possession of the U.S., and any point

outside the U.S., Alaska, Hawaii, or

possession of the U.S.—and, any point

outside Alaska, Hawaii, or any territory

or possession of the U.S. Flag operations

also include operations conducted

between any point within the 48

contiguous states or the District of

Columbia and any points outside the

contiguous states or the District of

Columbia.

The definition of ‘‘commuter

operation’’ would be changed so that

smaller airplanes used in scheduled

passenger operations would be

considered commuter—those conducted

with airplanes that have 9 or less

passenger seats, except for turbojetpowered airplanes, as explained above,

and those that are conducted with

rotorcraft, regardless of the size.

A change to the definition of

‘‘scheduled operation’’ may have an

effect on certain operations that are not

currently considered ‘‘commuter

operations.’’ Under SFAR 38–2 and as

previously proposed in part 119, the

only operations that are considered

commuter are those with a frequency of

operations of at least five round trips

per week on at least one route between

two or more points according to

published flight schedules. Scheduled

operations with a lesser frequency are

conducted under the on-demand rules.

In this NPRM, the FAA proposes to

eliminate the frequency test so that an

operation with as few as one scheduled

flight per week would have to be

conducted under either the commuter

rules of part 135 (for airplanes

configured with 9 or fewer passenger

seats) or the domestic or flag rules of

part 121 (for airplanes configured with

more than 9 passenger seats). This

change is being proposed so that all

scheduled passenger operators would be

required to follow the applicable rules,

i.e., domestic, flag, or commuter. The

FAA is not aware of any operations that

would be affected by eliminating the

frequency test and specifically requests

comments on the impact of this

proposed change.

The definitions of ‘‘on-demand

operation’’ and ‘‘supplemental

operation’’ have been rewritten to make

it clearer which operations fall into

these categories. They have not changed

significantly from current rules or from

the NPRM, except for one important

difference. This NPRM does not change

the basic dividing line between ondemand and supplemental operations

(more than a 30-passenger-seat

configuration or more than 7,500 pound

payload capacity is a supplemental

operation), except that if a specific

airplane with a passenger-seating

configuration of 10 to 30 seats is used

in domestic or flag operations as a result

of this rule, any nonscheduled operation

conducted with that airplane must be

conducted under the part 121

supplemental rules, instead of under the

on-demand rules of part 135. This is

necessary because an airplane must be

listed in a certificate holder’s operations

specifications as either a part 121 or a

part 135 airplane; it cannot be switched

back and forth between parts without a

major investment of time and resources

by both the operator and the FAA.

Switching between parts entails many

things, including airplane conformity

checks, equipment checks, and record

checks.

Section 119.21 contains the regulatory

roadmap that requires domestic, flag,

and supplemental operations to be

conducted under part 121 and

commuter and on-demand operations to

be conducted under part 135. (See also

Table 2 for a visual aid to the operating

rules that apply to different kinds of

operations.) This section has been

reorganized and rewritten to make it

easier to follow. It contains a provision

that allows commuter operations to be

conducted under domestic or flag rules,

if the certificate holder obtains

authorization from the Administrator.

Likewise, part 135 on-demand

operations may be conducted under the

supplemental rules of part 121, if the

certificate holder obtains authorization

from the Administrator.

Section 119.49, Contents of

Operations Specifications, specifies all

of the items that are listed in each

certificate holder’s operations

specifications. Although no substantive

changes are being proposed for this

section, affected commuters should

carefully review this section because

they would need to obtain revised

operations specifications that allow

them to conduct operations under part

121. Generally, affected commuters who

conduct domestic operations would

need to obtain operations specifications

for domestic operations, while affected

commuters who operate internationally

would need to obtain operations

specifications for flag operations. The

items included in operations

specifications for commuter operations

are the same as for domestic and flag

operations except that, under

§ 119.49(a)(4), domestic and flag

operations must also list provisional

and refueling airports. Affected

commuters would need to identify these

airports for their operations.

TABLE 2.—OPERATING RULES THAT APPLY FOR DIFFERENT KINDS OF OPERATIONS

Size/weight of aircraft Part 121 domestic (Scheduled)

Part 121 flag

(Scheduled)

Part 121 supplemental (Not

scheduled)

Part 135 commuter (Scheduled)Part 135 on-demand (Not

scheduled)

Part 125 (Not

scheduled)

Airplanes (Common Carriage):

≤9 seats and ≤7500 lbs ...... No 1 ................... No 1 ................... No 2 ................. Yes 1 ................. Yes 2 ................ No

10–30 seats and ≤7500 lbs Yes ................... Yes ................... No 2 ................. No ..................... Yes 2 ................ No

>30 seats or >7500 lbs ...... Yes ................... Yes ................... Yes .................. No ..................... No .................... No

Airplanes (When common carriage is not involved):

<20 seats or <6000 lbs ...... No ..................... No ..................... No .................... No ..................... Yes .................. No

≥20 seats or ≥6000 lbs ...... No ..................... No ..................... No .................... No ..................... No .................... Yes
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16243

TABLE 2.—OPERATING RULES THAT APPLY FOR DIFFERENT KINDS OF OPERATIONS—Continued

Size/weight of aircraft Part 121 domestic (Scheduled)

Part 121 flag

(Scheduled)

Part 121 supplemental (Not

scheduled)

Part 135 commuter (Scheduled)Part 135 on-demand (Not

scheduled)

Part 125 (Not

scheduled)

Rotorcraft:

Common carriage and

when common carriage is

not involved.

No ..................... No ..................... No .................... Yes ................... Yes .................. No

1Turbojet-powered airplanes used in scheduled passenger-carrying operations must comply with part 121 regardless of passenger seating or

payload capacity. 2 If turbojet-powered airplanes and other airplanes with 10–30 seat configurations are used for part 121 Domestic or Flag operations, nonscheduled or charter operations with that airplane shall be conducted under part 121 supplemental rules.

Also, current FAA policy and

guidance require a 121 operator to have

detailed operations specifications for

intended VFR operations. Part 135 is

more liberal in the conduct of VFR

operations allowed. FAA believes that a

higher level of safety is gained by

conducting operations under instrument

flight rules (IFR). Therefore IFR

operations are seen as the standard; VFR

operations, although still allowed,

would be an exception approved only

through operations specifications.

Before the FAA approves an affected

commuter for domestic or flag

operations and issues the new

operations specifications, an FAA

inspector would need to review all of

the certificate holder’s operations and

procedures to ensure that the certificate

holder has made the changes necessary

in its operations to comply with part

121 rules. The FAA inspector would

review and approve such items as the

dispatch system, revised manuals,

procedures for complying with part 121

flight time and rest requirements,

completion of airplane proving flights,

etc. The FAA will provide guidance to

the affected commuters so that they can

prepare for this approval process.

Requirements for the types and

qualifications of management personnel

for parts 121 and 135 operations are

consolidated in proposed part 119.

Sections 119.65 and 119.69 contain the

types of management positions required

for part 121 and part 135 operations,

respectively. Sections 119.67 and 119.71

specify the qualifications for individuals

in those positions. Section 119.65

proposes that part 121 operations have

a Director of Safety, a Director of

Operations, a Chief Pilot, a Director of

Maintenance, and a Chief Inspector.

Section 119.69 proposes that part 135

operations have only a Director of

Operations, a Chief Pilot, and a Director

of Maintenance. However, § 119.65(b)

contains a provision that the

Administrator may approve positions or

numbers of positions other than those

listed above for a particular operation if

the certificate holder can show that

safety can be maintained with fewer or

different categories of management

personnel.

The FAA is proposing in § 119.65 that

each certificate holder that conducts

operations under part 121 must have a

Director of Safety. This person would be

responsible for keeping the highest

management officials of the certificate

holder fully informed about the safety

status of the certificate holder’s entire

operation. In its recent survey of 21

commuter airlines, the NTSB found that

the person most likely approached by

pilots with safety concerns was the

Chief Pilot or the Director of Operations,

the persons also responsible for the dayto-day management of line operations.

The FAA agrees with the NTSB that,

although other management personnel

should be informed and aware of safety

concerns, a safety officer can be most

effective when functioning

independently of those with

responsibility for day-to-day operations.

For this reason, ideally the Director of

Safety should not also be assigned to

any of the other required management

positions in § 119.65 (Director of

Operations, Chief Pilot, Director of

Maintenance, Chief Inspector), nor

should the Director of Safety report to

any of those positions, but should

instead report to only the highest

management levels at the airline.

However, the FAA realizes that this

could create a problem for smaller

operators with fewer management level

positions. The FAA invites comments

on how to structure an independent

safety function in airlines of different

sizes and is particularly interested in

responses to questions such as: Should

the rules require that the Director of

Safety be a separate position, totally

independent of other management

positions? What would be the burden of

such a requirement? If, following a

review of the comments received, the

FAA decides to adopt a mandatory

separation of function, the final rule

will specifically require this.

The qualification requirements for

management positions are similar for

parts 121 and 135 operations, except

that the qualifications for Director of

Operations and Director of Maintenance

are more stringent for part 121 than for

part 135. Under § 119.67(a), a Director of

Operations for a part 121 operation must

have both 3 years supervisory or

managerial experience within the last 6

years and 3 years experience as a pilot

in command (PIC) of a large airplane. If

the person is becoming the Director of

Operations for the first time, the three

years as a PIC must have been within

the last 6 years. Under § 119.71(a), a

Director of Operations for a part 135

operation must have either 3 years

supervisory or managerial experience

within the last 6 years or 3 years

experience as a PIC. Again, if the person

is becoming Director of Operations for

the first time, the three years of PIC

experience must have been within the

last 6 years. Under § 119.67(c), a

Director of Maintenance for a part 121

operation must have 5 years experience

within the past 5 years in one or a

combination of maintaining the same

category and class of airplane as the

certificate holder uses or repairing

airplane in the same category and class

of airplane as the certificate holder uses

in a certificated airframe repair station.

In addition the person must have 1

year of supervisory experience in

maintaining the same category and class

of airplane as the certificate holder uses.

Under § 119.71(e), a Director of

Maintenance for a part 135 operation

must have either 3 years experience

within the past 3 years maintaining the

same category and class of aircraft as the

certificate holder uses or 3 years

experience within the past 3 years

repairing aircraft in the same category

and class of aircraft as the certificate

holder uses in a certificated airframe

repair station, including 1 year in the

capacity of approving aircraft for return

to service. Under § 119.67(e) affected

commuters who currently employ

persons as Director of Operations,

Director of Maintenance, or Chief Pilot

who do not meet the airman,

managerial, or supervisory experience
16244 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

requirements in proposed § 119.67 may

request the Manager of the Flight

Standards Division in the region of the

certificate-holding district office to

authorize the continued employment of

those individuals. The certificate holder

must be able to show that those

individuals have comparable

aeronautical experience that qualifies

them to serve as Director of Operations,

Director of Maintenance, or Chief Pilot

for a part 121 operation. Proposed

§ 119.67(e) does not allow for a waiver

of the airman certification requirements

by the Managers of the Flight Standards

Division for those management

positions.

VI.B. Part 121 Discussion

The FAA has evaluated each

requirement in part 121 to determine

what effect compliance would have on

affected operators. The following

discussion describes (1) any proposed

revisions to part 121 that would be

necessary so that affected operators can

comply with the requirement; and (2)

any requirements that would be new or

different for affected operators and that

would impose a burden on the affected

operators. If the FAA has determined

that current part 121 and 135

requirements are identical or similar or

that the change in compliance would

not impose a burden, the requirements

are not for the most part discussed.

Since all of part 121 would apply to

affected operators unless otherwise

stated in the proposed rule, each

affected operator and individual should

evaluate all of part 121, not only the

proposed revisions, to determine how

the proposed rule would affect them.

The FAA invites comments on any

effects of this proposed rule whether or

not the requirements have been

specifically addressed in this notice.

Discussion of subpart A revisions

appears in the part 119 portion of the

preamble. Subparts B–D would be

reserved since the current substance of

these subparts would be subsumed

under part 119.

VI.B.1. Subpart E—Approval of Routes:

Domestic and Flag Air Carriers

Section 121.97 requires all domestic

and flag operators to show that each

route it submits for approval has enough

airports that are properly equipped and

adequate for the proposed operation.

They must also have an approved

system to disseminate this information

to appropriate personnel. Part 135 has

similar requirements, but part 121 does

require additional information. The

FAA believes this would not have a

significant impact on operators affected

by this rule change.

Section 121.99 requires all domestic

and flag operators to have a two-way

air/ground communications system

between each airplane and the

appropriate air traffic control facility,

along the entire route. In the 48

contiguous States and the District of

Columbia, the communications system

between each airplane and the dispatch

center must be independent of any

system operated by the United States.

This would be a new requirement for

the affected operators.

Section 121.101 requires each

domestic and flag operator to show that

enough weather reporting facilities are

available along each route to ensure

weather reports and forecasts necessary

for the operation. For operations within

the 48 contiguous States and the District

of Columbia, these reports must be

prepared by the National Weather

Service. For other areas, a system must

be approved by the Administrator.

Section 135.213 has similar

requirements, except the pilot in

command is allowed to use various

other sources, including his own

weather assessment, for VFR operations.

This section also requires reports of

adverse weather phenomena. The FAA

proposes that affected operators comply

with part 121.

Section 121.107 requires each

domestic and flag operator to have

enough dispatch centers, adequate for

the intended operation. This would be

a new requirement for affected

operators.

See the Dispatch System discussion in

the ‘‘Major Issues’’ section of this NPRM

for further discussion of this subpart.

VI.B.2. Subpart F—Approval of Areas

and Routes for Supplemental Air

Carriers and Commercial Operators

This subpart is similar to subpart E,

except it applies to supplemental

operations, and discusses flight

following requirements. This subpart

would apply in cases where an affected

operator uses an airplane that is also

used in domestic operations to conduct

a nonscheduled operation, as discussed

above in Section VI.A.—Part 119

Summary.

See the Dispatch System and Flight

Following System discussion in the

‘‘Major Issues’’ section of this NPRM for

further discussion of this subpart.

VI.B.3. Subpart G—Manual

Requirements

Manual requirements: Contents and

personnel: Under subpart G of part 121

certificate holders are required to

prepare and keep current a manual

containing policies, procedures,

applicable regulations, and other

information necessary to allow

crewmembers and ground personnel to

conduct the operations properly (see

§ 121.133 and § 121.135). While the

requirements of parts 121 and 135 are

similar, part 121 manual requirements

contain a more extensive list of manual

contents (§ 121.135). Under part 121 the

manual or appropriate parts must also

be furnished to more personnel, such as

aircraft dispatchers, flight attendants,

and made available to others, such as

station agents. The effect of these

differences between compliance with

part 121 versus compliance with part

135 would be significant for commuter

operators. The proposal would require

developing, producing, and distributing

new manuals appropriate to part 121. In

addition, § 121.137 requires the air

carrier to issue a manual or appropriate

parts to each crewmember and requires

each crewmember to keep the manual

up to date and have it with him or her

when performing assigned duties. Part

135 does not require that flight

attendants be issued a manual; however,

it does require that persons to whom a

manual is issued must keep it up-to-date

(see § 135.21). The FAA believes that

each crewmember should have his or

her own manual containing up-to-date

information and regulations pertinent to

the crewmembers assigned duties. For

flight attendants the manual would

contain information about inflight

medical emergencies, airplane

evacuations, water landings, and other

emergencies.

Airplane flight manual. Section

121.141 requires each certificate holder

to keep a current approved airplane

flight manual for each type of transport

category airplane that it operates and to

carry in each transport category airplane

either the current flight manual or the

manual required by § 121.133 if that

manual contains the flight manual

information. Part 135 does not have a

comparable requirement; however, part

135 operators currently must comply

with § 91.9, which requires an approved

airplane flight manual on board the

airplane if that manual has been

developed. All operators affected by this

proposal would already have an

approved airplane flight manual. The

requirement under part 121 is more

permissive, allowing appropriate parts

of the certificate holder’s manual to be

developed and carried instead of the

flight manual and allowing some

modifications of flight manual

information if they are approved by the

Administrator. This action proposes to

include airplanes used by affected

commuters under the manual

requirements of § 121.141 and the
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16245

applicability statement of the current

rule would be revised accordingly.

VI.B.4. Subpart H—Airplane

Requirements

Subpart H of part 121 contains

airplane requirements that apply to all

certificate holders operating under part

121. Section 121.153 contains general

requirements (e.g., airplanes must be in

an airworthy condition) that would add

no additional burden to airplanes

presently operated under part 135.

Section 121.157 contains type

certification requirements for various

types of airplanes operated under part

121. Paragraph (a) of § 121.157 contains

requirements that apply to airplanes

type certificated before July 1, 1942.

While it is unlikely that any airplanes

of this vintage are presently operating

under part 135 (except possibly an

occasional DC–3) these requirements

would be appropriate to such operations

and therefore would not be changed.

Paragraph (b) of § 121.157 states that

except for C–46 type airplanes covered

in paragraphs (c) and (d), no airplane

type certificated after June 30, 1942 may

be operated under part 121 ‘‘unless it is

certificated as a transport category

airplane’’ and meets applicable airplane

performance operating limitations as

specified in paragraphs (a), (b), (d), and

(e) of § 121.173. Since most of the 10-

to-19 passenger airplanes that would be

affected by this proposal were type

certificated in the commuter category

(or one of the predecessors of the

commuter category) a new exception to

paragraph (b) is proposed as a new

paragraph (e).

Paragraphs (c) and (d) of § 121.157

apply to C–46 type airplanes and would

not have any impact on this rulemaking

since no C–46 type airplanes are

presently operating under part 135.

Current paragraph (e) of § 121.157

would be deleted because helicopters

are no longer operated under part 121.

Proposed new paragraph (e) would

allow nontransport category airplanes

type certificated after December 31,

1964, to be operated under part 121 if

they were type certificated in the

commuter category or fall into one of

the categories listed below (referred to

as ‘‘commuter category predecessors’’)

and meet the additional airworthiness

requirements of subpart I as made

applicable by the proposed amendments

to that subpart:

1. Airplanes type certificated before

July 1, 1970, in the normal category that

meet special conditions issued by the

Administrator for airplanes intended for

use in operations under part 135.

2. Airplanes type certificated before

July 19, 1970, in the normal category

that meet the additional airworthiness

standards in Special Federal Aviation

Regulation No. 23.

3. Airplanes type certificated in the

normal category that meet additional

airworthiness standards in appendix A

of part 135.

4. Airplanes type certificated in the

normal category and that comply with

either section 1.(a) or section 1.(b) of

Special Federal Aviation Regulation No.

41.

Proposed new paragraph (f) would

require that to be operated under part

121 newly type certificated airplanes

(i.e., those for which an application is

submitted after the publication of this

NPRM) must be type certificated under

part 25. For newly type certificated

airplanes this change would, in effect,

reinstate the requirement that airplanes

operated under part 121 must be

transport category airplanes.

Notwithstanding this proposal, the FAA

recognizes that some present

requirements of part 25 may not be

appropriate for all propeller-driven,

multiengine airplanes with less than 20

passenger seats (present airplanes used

by affected commuters). Therefore the

FAA, as previously discussed, has

undertaken a comparative review of

parts 23 and 25 and will in the near

future propose changes to part 25 as

appropriate to accommodate these

airplanes which would previously have

been type certificated in the commuter

category under part 23.

Single-engine airplanes. Section

121.159 prohibits operation of singleengine airplanes under part 121. No

change to this prohibition is proposed

in this rulemaking since the FAA does

not consider single-engine airplanes

acceptable to part 121 standards. For

example, a single-engine airplane could

not meet part 121 requirements, such as

the one-engine-inoperative requirements

of § 121.191. This section is amended to

delete an obsolete reference to § 121.9.

Airplane limitations: Type of route.

Section 121.161 requires that a twoengine or three-engine airplane must be

within 1 hour flying time from an

adequate airport at normal cruising

speed with one engine inoperative.

While part 135 does not contain a

comparable requirement, the FAA

believes that this requirement can be

met by present part 135 operators with

the possible exception of some Alaskan

operations. Since § 121.161 contains

authority for deviations if approved by

the FAA (AC 120–42 contains

acceptable criteria), this requirement

should not impose any undue burden.

This section also requires (with some

exceptions for older airplanes) part 25

ditching certification for extended

overwater operations, which the FAA

believes should be applied to the

operations that would be moved from

part 135 to part 121 by this proposal.

Therefore, no changes are proposed to

this requirement.

The FAA invites specific comments

on the potential impact of these

proposals on operations in Alaska.

Proving tests. Section 121.163

provides proving test requirements for

Part 121. Section 135.145 requires 25

hours of proving tests for certificate

holders that operate turbojet airplanes

or airplanes for which two pilots are

required by this chapter for operations

under VFR if that airplane or an

airplane of the same make and similar

design has not been previously proved

in any operations under part 135. Like

§ 135.145, § 121.163 requires proving

tests for materially altered airplanes.

However, in contrast, under § 121.163,

proving tests apply to each airplane to

be operated under part 121; it also

describes three types of proving tests.

Under § 121.163 and § 135.145,

additional proving tests are required

after the aircraft type certification tests.

In other words, the initial operator of a

type of airplane must conduct at least

100 hours of proving tests acceptable to

the FAA, which can be reduced in

appropriate circumstances. Moreover,

for each kind of operation (e.g.,

domestic, flag, supplemental) that an

operator conducts, 50 hours of proving

tests are required, which are also

reducible in appropriate circumstances.

For existing airplanes, in each case

the FAA would assess whether to

reduce proving test hours required by

§ 121.163(b) for the target operators that

would be subject to § 121.163 if this

proposal is adopted. Factors that might

be considered in any request for

reduction in proving test hours include

the operator’s experience and

performance in part 135 operations.

VI.B.5. Subpart I—Airplane

Performance Operating Limitations

Subpart I contains airplane

performance operating limitations that

apply to all part 121 certificate holders;

however, not every section in subpart I

applies to every certificate holder. For

example, §§ 121.175 through 121.187

apply to reciprocating engine-powered

transport category airplanes, and

§§ 121.189 through 121.197 apply to

turbine-powered-engine transport

category airplanes (with an exception

for certain reciprocating-powered

airplanes that have been converted to

turbo-propeller-powered). Sections

121.199 through 121.205 apply to

nontransport category airplanes.
16246 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

Sections 135.361 through 135.395 are

virtually identical to §§ 121.171 through

121.205; the main differences reflect the

absence of a dispatch system in part 135

operations. Section 135.363 makes clear

that the term ‘‘large nontransport

category airplane’’ as used in the

subpart means an airplane type

certificated before July 1, 1942. This

language does not appear in part 121

because it is understood from the

context in part 121 that the term

‘‘nontransport category airplane’’ is

referring to older airplanes that were

type certificated before the transport

category was established. This

clarification was needed in part 135

because of the existence of commuter

category airplanes, most of which fit the

definition of ‘‘large’’ and are also

‘‘nontransport category’’ airplanes. Part

135 addresses performance operating

limitations for commuter category

airplanes in § 135.398 by referencing

§§ 135.385 and 135.387, which parallel

§§ 121.195 and 121.197. The FAA

believes that airplanes type certificated

in the commuter category (or its

predecessors) that would be operated

under part 121 under this proposal

should be required to meet, and are

capable of meeting, the same

performance operating limitations that

now apply only to airplanes type

certificated in the transport category.

Therefore, the FAA proposes to delete

the term ‘‘transport category’’

throughout subpart I and to include

language where appropriate to except

airplanes type certificated before

January 1, 1965, that were not

certificated in the transport category.

This proposal would have the effect of

requiring airplanes type certificated in

the commuter category or a commuter

category predecessor to be operated

under the performance operating

limitations of §§ 121.175 through

121.197, as applicable.

VI.B.6. Subpart J—Special

Airworthiness Requirements

Subpart J contains special

airworthiness requirements that, as

stated in the applicability section

(§ 121.211), apply to all certificate

holders. While this is semantically

accurate, it is confusing because the

airplane description in § 121.213 in fact

describes pre-1942 nontransport

category and pre-October 1946 transport

category airplanes thereby limiting the

applicability of §§ 121.215 through

121.283 to those airplanes. Sections

121.285 through 121.291 apply acrossthe-board to present part 121 operations.

To clarify the applicability of this

subpart, the FAA proposes to expand

§ 121.211 to include the substance of

§ 121.213. As proposed, § 121.211

would break the special airworthiness

requirements into three categories: (1)

Those that apply to certain older type

certificated airplanes (§§ 121.215

through 121.283); (2) those that apply to

all airplanes operating under part 121

(§§ 121.285 through 121.291); and (3)

those that would apply to airplanes

presently operating under part 135

(proposed new § 121.293).

Cargo carried in the passenger

compartment. Section 121.285 requires

that cargo carried in passenger

compartments must be stowed in a fully

enclosed bin or carried aft of a bulkhead

or divider and properly restrained.

Section 135.87 allows operators to carry

cargo in an approved cargo

compartment instead of a fully enclosed

bin and to carry restrained cargo

anywhere in the passenger compartment

if it is restrained by a net that meets the

requirements of § 23.787(e). The FAA

considers that it is not practical to

require airplanes now operating safely

under part 135 to install fully enclosed

cargo bins or to be otherwise as limited

as required by § 121.285. Therefore,

FAA proposes to amend § 121.285 to

add an exception for commuter category

(and predecessor) airplanes that would

have the effect of allowing cargo to be

carried in the passenger compartment as

it is today.

Landing gear aural warning device.

Section 121.289 contains a requirement

for a landing gear aural warning device

for large airplanes. Thus, at present this

section applies to any airplane with a

maximum certificated takeoff weight of

more than 12,500 pounds. Appendix A

of part 135 requires a landing gear

warning device for airplanes having

retractable landing gear and wing flaps,

but the device need not be aural. The

FAA considers that the cost of replacing

a warning light with a warning sound

would be minimal. Therefore, this

section would apply to any airplane that

presently operates under part 135 and

that would be required by this proposal

to operate under part 121. To allow

adequate time for airplanes without

aural warning devices to be retrofitted,

the FAA proposes a compliance date of

2 years after the publication date of the

final rule.

Emergency evacuation and ditching

demonstrations. Section 121.291

contains requirements for conducting

demonstrations of airplane evacuation

and ditching procedures. The FAA

requires these demonstrations upon

introduction of a new type and model

of airplane into passenger-carrying

operations. For airplanes with a seating

capacity of more than 44 passengers, an

actual evacuation demonstration must

show that the full capacity of the

airplane and the crewmembers can be

evacuated within 90 seconds. Also, for

airplanes with more than 44 passenger

seats a partial demonstration is

required, as specified in § 121.291(c).

Demonstrations are not required for

airplanes with fewer than 44 passenger

seats.

Under § 121.291(d) any certificate

holder operating or proposing to operate

one or more landplanes of any size in

extended overwater operations must

conduct a simulated ditching in

accordance with Appendix D to part

121. The purpose of the ditching

demonstration is to show that the

certificate holder’s training and

procedures for a new type and model of

airplane are satisfactory. The simulated

ditching does not specifically require

the use of flight attendants; the FAA

proposes to apply this rule to any

affected commuter operator who

conducts extended overwater

operations, whether or not flight

attendants are used in the operation.

The FAA intends to apply this

provision to the affected commuter

operators only when a new type and

model of airplane is introduced after the

effective date of the final rule. If a

certificate holder has been using an

airplane in scheduled passengercarrying operations before the effective

date of the final rule and the FAA has

not found any serious deficiencies with

its ditching procedures during the past

5 years during either normal or National

Aviation Safety Inspection Program

(NASIP) inspections that have not been

satisfactorily corrected, the FAA may

make a determination that the operator’s

crewmember emergency training and

ditching procedures are adequate.

The FAA proposes to amend

§ 121.291 to clarify that the partial

demonstration and emergency

evacuation procedures apply only to

airplanes with more than 44 passenger

seats.

New special airworthiness

requirements (retrofit) and requirements

applicable to future manufactured

airplanes. In general, airplanes currently

flown under part 121 must be transport

category airplanes; that is, type

certificated under part 25 or one of its

predecessors (see § 121.157). The only

exceptions are several models of

airplanes that were type certificated

before the transport category was

established. For these earlier airplanes,

part 121 contains special requirements

established to ensure that transport

category standards would be met to the

maximum extent feasible. By requiring

that airplanes previously operated

under part 135 meet most part 121
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16247

requirements, the FAA would ensure

that these airplanes type certificated in

the commuter category or its

predecessors, for the most part, meet

part 121 safety standards. However,

because these airplanes were not type

certificated in the transport category, the

FAA has reviewed part 25 to determine

whether any additional requirements

should be added to part 121 either as a

retrofit requirement or a requirement

that applies only to airplanes

manufactured after some future date.

There are two such requirements and

each is discussed separately in this

section of the preamble.

Ditching emergency exits. Section

25.807(e) contains requirements for

ditching emergency exits in transport

category airplanes. Regardless of

whether or not the airplane is

certificated for ditching, it must have

exits that are usable while the airplane

is afloat, in case ditching occurs during

an overwater climb-out or approach.

The ditching exits for transport category

airplanes with 10 or more passenger

seats must meet at least the dimensions

of a Type III passenger emergency exit

(20 inches wide by 36 inches high).

Part 23, as recently amended by

Amendment 23–46 (59 FR 25772; May

17, 1994), now contains requirements

for ditching exits; however, all of the

normal or commuter category airplanes

currently in service were type

certificated before that amendment

became effective. The FAA proposes to

amend part 121 (proposed new

§ 121.293(a)) to require ditching exits for

nontransport category airplanes type

certificated after December 31, 1964.

Unlike those required for transport

category airplanes, the ditching exits

would only have to be as large as those

currently required by § 23.807(b) (19

inch by 26 inch ellipses). Compliance

would be required 2 years after the

publication date of the final rule. This

proposed requirement would not entail

adding new exits. The overwing exits of

most airplanes type certificated under

part 23 would probably qualify as

ditching exits. Part 25 airplanes

intended for non-part 121 transportation

sometimes comply by providing a sheet

metal dam that can be installed in the

passenger entry doorway. If it is

necessary to consider a floor-level exit

as a ditching exit in a nontransport

category airplane, a similar sheet metal

dam could be provided. Therefore, the

FAA believes that the cost of this

proposal is minimal.

Takeoff warning system. Section

25.703 requires an aural warning to the

flightcrew at the beginning of the takeoff

roll when the wing flaps, leading edge

devices, wing spoilers, speed brakes,

and longitudinal trim devices are not in

a position that would allow a safe

takeoff. Part 23 does not require a

takeoff warning system; in addition, part

23 airplanes typically do not have

multiple types of devices. Accidents

have occurred on transport category

airplanes when the flightcrews initiated

takeoffs when the airplanes were not in

the proper configurations for takeoff.

While the FAA is not aware of any

incidents or accidents involving

airplanes used by affected commuters,

the FAA believes the cost of this

modification on future manufactured

airplanes is moderate. The FAA

proposes that airplanes manufactured

after a date 4 years after the publication

date of the final rule would be required

to have a takeoff warning system as

required by § 25.703 except that a

warning would not be required for any

device if it is demonstrated that takeoff

with that device in the most adverse

position would not create a hazardous

condition (see proposed § 121.293(b)).

VI.B.7. Subpart K—Instrument and

Equipment Requirements

Instrument and equipment

requirements are contained in part 121,

subpart K and part 135 subpart C. The

requirements are in addition to the

airplane and equipment requirements of

part 91. The discussion below

emphasizes all new or revised

equipment requirements except for

major equipment such as flight data

recorders and airborne weather radar,

which are previously discussed in the

‘‘Major Issues’’ section of this notice.

The proposal would require

commuter operators to comply with part

121 airplane and equipment

requirements except in areas that will be

specifically discussed.

Sections 121.303, 121.305, and

121.307 require certain airplane

instruments and equipment. Most of the

airplanes used by affected commuters

already have these instruments and

equipment as required under part 135

(§§ 135.143 and 135.149). Some of the

part 121 equipment is required under

part 135 only for IFR or for VFR overthe-top and VFR night operations.

Under this proposal this equipment

would be required for all operations.

Lavatory fire protection. Section

121.308 currently requires lavatory

smoke detection systems, or equivalent,

and automatically discharging fire

extinguishers in lavatory receptacles for

towels, paper, or waste for passengercarrying transport category airplanes.

Although mitigated somewhat by the

typically shorter flight stage lengths, a

passenger’s temptation to smoke illicitly

in a lavatory (when there is one), exists

in nontransport category airplanes used

in air carrier service as well as in

transport category airplanes. This is

particularly true today, since smoking

has been banned on most domestic

airline flights. Furthermore, the

consequences of illicit smoking could be

equally catastrophic regardless of how

the airplane was type certificated.

Therefore, the FAA proposes to apply

the requirements of § 121.308 to

airplanes formerly operated under part

135 that are equipped with lavatories.

Section 121.308 would be amended to

delete the references to transport

category. The FAA proposes that the

required equipment be installed within

2 years after the publication date of the

final rule.

Emergency equipment. Section

121.309(b) requires that each item of

emergency and flotation equipment

must be inspected regularly in

accordance with inspection periods

established in the operations

specifications to ensure its condition for

continued serviceability and immediate

readiness to perform its intended

emergency purposes. Section 135.177(b)

contains a similar requirement for part

135 operators of airplanes with more

than 19 seats. The FAA proposes

requiring affected commuter operations,

including those with airplanes of 10 to

19 seats, to comply with the existing

part 121 requirement. Other provisions

in this proposal would require

additional emergency equipment to be

installed by the new part 121 operators.

This requirement would mandate only

that the equipment be inspected in

accordance with the established

periods.

Hand-held fire extinguishers. Sections

121.309(c) and 135.155 contain the

requirements for hand-held fire

extinguishers aboard airplanes. The

requirements are basically the same,

except that part 121 requires that at least

two of the required hand fire

extinguishers must contain Halon, or

equivalent. Part 135 does not require

any Halon fire extinguishers. Part 121

requires a hand-held fire extinguisher to

be conveniently located for use in each

galley located in a compartment other

than a passenger, cargo, or crew

compartment. Part 121 also requires that

at least one hand fire extinguisher be

conveniently located and easily

accessible for use in the galley when the

galley is in a passenger compartment.

The FAA proposes that the affected

commuters comply with the part 121

requirements for fire extinguishers. The

FAA proposes to amend § 121.309(c)(7)

to require that at least one of the fire

extinguishers in the passenger

compartment must be a Halon fire
16248 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

extinguisher or equivalent. The FAA has

in prior rulemakings addressed the need

to allow Halon equivalents because the

availability of Halon may be limited in

the future (see, for example, 56 FR

15452, April 16, 1991).

First aid kits and medical kits.

Section 121.309(d) requires that both

approved first aid kits and approved

emergency medical kits be carried on

board passenger-carrying airplanes. The

medical kits are intended to be used

only by medically qualified persons,

such as doctors, who may be on board

the airplane. Section 135.177(a)(1)

requires first aid kits to be carried on

board airplanes with more than 19

passengers.

The FAA believes that, regardless of

the size of the airplane, flight attendant

requirement, or other factors, inflight

emergencies could occur and a first aid

kit may be needed. In the absence of a

flight attendant, a flight crewmember or

a passenger could use the first aid kit.

Therefore the FAA proposes that first

aid kits be required for all airplanes

with more than 9 passenger seats

operating under part 121.

The medical kit contains medical

supplies such as certain drugs, syringes,

and needles. Although medical kits may

be used only by medically qualified

personnel, flight attendants are required

to be familiar with the medical kit and

its contents. Since a flight attendant can

monitor the security and use of the

medical kit, medical kits should be

required only on airplanes that are

required to have a flight attendant.

Additionally, if the FAA were to require

a medical kit on 10–19 seat airplanes,

that would mean that a pilot could be

required to leave the flight deck to

administer the use of the kit. Moreover,

security and location of the kit pose

additional problems for requiring a

medical kit on an airplane where there

is no flight attendant. Therefore, the

FAA proposes to amend § 121.309(d) to

require medical kits only for airplanes

that are required to have a flight

attendant. However, following review of

the comments received, if the FAA

decides to require a medical kit onboard

10–19 seat airplanes, the final rule will

specifically require the medical kit for

such airplanes.

Affected commuters should be aware

of a recent rule requiring disposable

latex gloves for both first aid kits and

medical kits. The changes to part 121 in

that rulemaking would apply also to

commuters affected by this NPRM. (See

59 FR 52640; October 18, 1994, and 59

FR 62276; December 2, 1994.)

Crash ax. Section 121.309(e) requires

that each airplane be equipped with a

crash ax, while § 135.177 requires a

crash ax only for airplanes with a

passenger seating configuration of more

than 19 passengers. Crash axes are

intended to be used by crewmembers to

escape from the flight deck in the event

of an accident. In airplanes that do not

have a separate flight deck and lockable

door, crash axes normally would not be

needed by the flight crewmembers to

escape from the flight deck. The FAA

therefore proposes in § 121.309 to retain

the present requirement for crash axes

only in airplanes that have a separate

flight deck and lockable door.

Emergency evacuation lighting and

marking requirements. Section

121.310(c), by referencing § 25.812(e),

requires emergency evacuation lighting

for passengers when all sources of

illumination more than 4 feet above the

cabin aisle are totally obscured. This

requirement, which was adopted to

enable passengers to find the emergency

exits when the cabin is filled with dense

smoke, applies to all transport category

airplanes regardless of how many

passenger seats they have. There is no

corresponding requirement in part 23 or

in part 135 for airplanes having a

passenger-seating configuration of less

than 20 seats. The FAA believes that

applying this requirement to propellerdriven airplanes with 10 to 19 passenger

seats is consistent with the present

requirements for transport category

turbojet-powered airplanes with similar

seating capacities because the need to

ensure conspicuous lighting of the exit

is the same for nontransport category

airplanes as for transport category.

Section 121.310(d) for emergency

light operation requires that each light

required by paragraphs (c) and (h) must

be operable manually and must operate

automatically from the independent

lighting system. These requirements

would apply to affected commuters. In

§ 121.310(d)(2)(i) each light must be

operable manually both from the

flightcrew station and from a point in

the passenger compartment that is

readily accessible to a normal flight

attendant seat. Under the proposed rule

this requirement would be modified for

affected commuter operations that

would not be required to have a flight

attendant.

Section 121.310(e) requires that an

exit operating handle may not be used

if its brightness decreases below a

specified level. Section 135.178(e)

contains an identical requirement for

airplanes having a passenger seating

configuration of more than 19 seats.

Under this proposal the requirement

would also apply to airplanes with a

passenger configuration of 10–19 seats.

Compliance with this requirement can

be demonstrated by assuring that the

exit operating handle is well

illuminated by the emergency lighting

system or by using a self-illumination

system.

Section 121.310(f) contains standards

for access to various exit types that, by

virtue of § 121.157, presently apply only

to transport category airplanes. Section

135.178(f) is identical for airplanes

having a passenger configuration of

more than 19 seats. The FAA considers

that because of the sizes and

configurations (that is, 10 to 19

passenger-seat configurations) of the

airplanes and because of the type

certification requirements of part 23

applicable to these exits, it is not

necessary to apply these requirements to

the nontransport category airplanes

operating under part 135 that would be

affected by this rulemaking. Therefore,

the FAA proposes to amend § 121.310(f)

to exclude commuter category (or

predecessor) airplanes.

Section 121.310(g) (and its parallel

requirement in § 135.178(g) for more

than 19 passenger seat airplanes) require

emergency exits to be marked on the

outside by a 2-inch band contrasting in

color with the surrounding fuselage.

This requirement was adopted to enable

ground rescue personnel to locate the

exits more rapidly in an emergency

condition. Most airplanes with a

passenger-seating configuration of less

than 20 seats operating under part 135

already meet this requirement and, for

those that do not, compliance would

merely require painting the bands

around each exit. By proposing to

require compliance with this

requirement, the FAA would

standardize the presentation of exit

markings for the benefit of ground

rescue personnel at minimum cost.

Compliance would be required within 1

year after the publication date of a final

rule.

Section 121.310(h) requires airplanes

for which the application for type

certification was made before May 1,

1972, to meet the exterior emergency

lighting standards of § 25.812, in effect

on April 30, 1972, or any later standards

in effect if the application for type

certification was made later. The

lighting is provided for two purposes.

One is to preclude passengers from

hesitating as they leave the airplane

because they cannot see what they are

stepping into. The other is to preclude

injuries when the airplane has come to

rest on uneven, rocky, or wooded

terrain. The need for such lighting is not

related in any way to the size of the

airplane. The FAA proposes to require

non-transport category airplanes type

certificated after December 31, 1964

(i.e., part 23 normal and utility category)
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16249

to comply with § 25.812 in effect April

30, 1972, within 2 years after the

publication date of a final rule.

The FAA proposes that airplanes with

a passenger seating configuration of less

than 20 seats previously operated under

part 135 be required to comply with the

above described emergency lighting

systems (that is, emergency exit signs,

interior lighting, exit handles, and

exterior lighting) and, except for the

marking requirement discussed above,

proposes a compliance date 2 years after

the publication date of a final rule.

Because of the potentially high cost of

this proposed retrofit requirement, the

FAA invites comments on the feasibility

of meeting these part 121 emergency

lighting requirements and of alternative

means of achieving an acceptable level

of safety.

Seatbacks. Section 121.311 prohibits

a certificate holder from taking off or

landing unless passenger seats are in the

upright position. Section 135.117

requires only that passengers be briefed

that seats should be in the upright

position. The FAA proposes that

affected commuters be required to

comply with § 121.311.

Seat belt and shoulder harnesses on

the flight deck. Section 121.311(f)

requires a combined seat belt and

shoulder harness, with a single-point

release that meets the requirements of

§ 25.785. Part 135 does not contain a

requirement for a single-point release

system although the FAA believes that

virtually all commuter category

airplanes being manufactured today

have such a system. To ensure that this

is the case for newly manufactured

airplanes the FAA proposes to require

that airplanes manufactured after 1 year

after publication of final rule meet the

requirements of § 121.311(f).

Interior materials and passenger seat

cushion flammability. Section 25.853(b)

was amended in 1984 to require seat

cushions to meet greatly enhanced

flammability standards. At the same

time, §§ 121.312(b) and 135.169(a) (but

not for commuter category airplanes)

were amended to require airplanes

already in service to meet the improved

seat cushion flammability standards

after November 1987. In the 7 years that

have passed since that date, the

improved cushions are credited with

saving a number of passengers’ lives.

The seat cushion flammability

standards apply to all transport category

airplanes regardless of the passenger

capacity. In the case of an inflight cabin

fire the probability that a fire would

occur in a commuter or normal category

airplanes is exactly the same as in a

transport airplane. Once a fire occurs,

occupants are presented with exactly

the same hazards as in a transport

category. The need for seat cushions

meeting the same flammability

standards, therefore, is exactly the same.

Fires are generally caused by fuel tanks

being ruptured during a crash. The

improved seat cushion standards

provide considerable additional

protection in a postcrash fire; they also

provide considerable protection for

airplanes of all passenger capacities

from inflight fires. Tests have shown

that cushions meeting these standards

are much less likely to ignite and

sustain a flame than those that do not

meet the standards. Preventing a fire

from occurring is the best possible form

of fire protection. If a fire does occur,

compliance with the improved seat

cushion flammability standards slows

the spread of the fire through the cabin

and provides more time to bring it

under control. Therefore, the FAA

proposes to require nontransport

category airplanes type certificated after

December 31, 1964, to comply with the

same seat cushion flammability

standards that apply to other airplanes

operated under part 121. Compliance

would be required by a date 2 years after

the publication date of the final rule or

on the first replacement of the cushions,

whichever occurs first. The proposed

rule would allow for granting deviations

for up to 2 additional years when

justified by unique integral-seat cushion

configurations.

In addition to the flammability

standards that already existed in part

25, that part was amended in 1986 to

require large surface-area components

(e.g., sidewalls, bulkheads, ceilings, etc.)

to pass tests using the Ohio State

University (OSU) radiant rate of heat

release test apparatus. The OSU test

requirements for large surface-area

materials were not made applicable to

airplanes with a seating capacity of 19

or less seats. For those airplanes, the

flammability standards that previously

existed in part 25 were considered

adequate and appropriate. The costs of

retrofitting existing airplanes now

would not be commensurate with the

minimal increase in safety that would

result. However, the FAA finds that it is

reasonable to propose that nontransport

category airplanes newly manufactured

after 4 years after the publication date

of the final rule comply with

§ 121.312(a) by meeting the same largesurface area component flammability

requirements currently required for

transport category airplanes.

Cockpit and door keys. Section

121.313 requires that there be a lockable

door between the cockpit and the cabin

and that there be a key for each cockpit

door that is readily available to each

crewmember. Currently, part 135 does

not address this issue. The FAA

proposes that the affected commuters be

required to comply with the part 121

rule if there is a door with a lock or a

door that can be retrofitted with a lock.

(Curtains or accordion doors are not

considered lockable doors.) If a lockable

door already exists or can be retrofitted,

the certificate holder would be required

to provide a cockpit key that is readily

available to each crewmember. The

language of § 121.313(f) would be

changed to exclude airplanes that do not

have cockpit doors.

Cargo and baggage compartments.

Part 25 (as referenced in § 121.314)

contains requirements for cargo or

baggage compartment liners, smoke

detection, and fire extinguishment for

various classes of compartments. The

compartment classification system, also

duplicated in § 121.221 (which as

previously discussed applies only to

certain airplanes type certificated before

November 1, 1946), is based on the

compartment’s accessibility for fire

detection and extinguishment. Part 25

was amended in 1989 to require the

liners of Class C and D compartments to

meet more stringent flammability

standards. Section 121.314 was also

adopted at that time to require the

improved liners in existing transport

category airplanes on a retroactive basis.

Part 23 contains no classification

system or requirements for compartment

fire protection; however, a proposed

rule to add comparable requirements

was issued on July 22, 1994, (59 FR

37620). While the cost of providing

liners, smoke detection, and fire

extinguishers in the cargo or baggage

compartments of existing part 23

airplanes would be prohibitive, the FAA

believes that it would be appropriate to

require liners, smoke detection, and fire

extinguishment for remote cargo or

baggage compartments in newly

manufactured part 23 airplanes.

Therefore, the FAA proposes to require

this modification for commuter category

(or its predecessor) airplanes

manufactured 4 years or more after the

publication date of the final rule.

There is no service history of specific

problems from the absence of this

equipment. Because of the potential

high cost of compliance, the FAA

specifically requests comments

describing how this safety objective can

be achieved, including alternatives such

as requiring only liners and smoke

detection. The FAA needs to obtain

specific and detailed information

concerning cost and other problems

associated with this proposal in order to

make an informed decision at the final

rule stage of this rulemaking.
16250 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

Fuel tank access covers. As a result of

the 1985 Manchester British Air Tours

accident (in which a piece of metal from

the aircraft engine punctured the fuel

tank access panel and created a fire),

§ 25.963(e) was amended in 1989 to

require that all covers located in an area

where a strike by foreign objects is

likely must have as much resistance to

fire or debris penetration as the

surrounding structure. Concurrent with

this amendment, § 121.316 was

amended to require airplanes already in

service to comply with § 25.963(e) on a

retrofit basis. These requirements

pertain to all transport category, turbinepowered airplanes. Due to their smaller

size and turbo-propeller configuration,

part 23 nontransport airplanes generally

do not present the same hazard. Fuel

tanks of current designs are located in

the wings well aft of the strike zone of

any engine debris. Also, these part 23

airplanes are likely to have access

covers that provide no less resistance to

fire or debris penetration than the

surrounding wing structure. The FAA

considers that it would be a waste of

resources to require a demonstration of

compliance. Therefore, the FAA does

not propose to require part 23

nontransport airplanes to comply with

§§ 25.963(e) and 121.316. Since

§ 121.316 applies only to ‘‘turbinepowered transport category’’ airplanes,

no rule change is needed. The FAA

points out that transport category

airplanes previously operated under

part 135 would have to comply with

§ 121.316.

Oxygen requirements. Sections

121.327 through 121.335 cover

supplemental oxygen requirements and

oxygen equipment requirements. The

requirements are similar to the oxygen

requirements in § 135.157 except that

for certain airplanes, part 121 requires

less oxygen. Each affected commuter

who would have to comply with part

121 oxygen requirements as a result of

this rulemaking should readily be able

to operate its airplanes in accordance

with the oxygen requirements specified

in part 121.

Portable oxygen for flight attendants.

Section 121.333(d) requires that each

flight attendant shall, during flights

above 25,000 feet, carry portable oxygen

equipment with at least a 15-minute

supply of oxygen, unless there are

enough portable oxygen units with

masks or spare outlets and masks are

distributed through the cabin to ensure

immediate availability of oxygen to each

flight attendant, regardless of his or her

location at the time of cabin

depressurization. Part 135 does not have

a similar requirement for portable

oxygen for flight attendants. The FAA

proposes that affected commuters who

use flight attendants in their operations

and that operate above 25,000 feet be

required to comply with the part 121

requirement.

Protective breathing equipment (PBE).

Section 121.337 contains requirements

for equipping the flight deck and

passenger compartments of transport

category airplanes with PBE. Part 135

does not currently require any type of

PBE.

There are two kinds of PBE with two

sets of approval criteria. PBE may be

portable or built into the airplane (fixed

or sedentary). A PBE unit consists of an

oxygen supply and facial protection,

such as a full face mask, smoke hood,

or face mask and goggles. A fixed or

portable PBE is installed in the airplane

for use by flight crewmembers while

they are at their stations. Portable PBE

that meets applicable criteria and is

approved may be used on the flight deck

and/or throughout the airplane.

Section 121.337(b)(8) requires PBE,

either fixed or portable, to be

conveniently located on the flight deck

and easily accessible for immediate use

by each flight crewmember. In addition,

§ 121.337(b)(9) requires that for

combatting fires a portable PBE must be

located on or close to the flight deck

with easy access by each flight

crewmember for fighting fires. A

portable PBE in the passenger

compartment must be located within 3

feet of each hand fire extinguisher. Both

of these requirements provide that the

Administrator may authorize another

location if special circumstances exist

that make compliance impractical and

the proposed deviation would provide

an equivalent level of safety.

The proposed rule would require

affected commuters to comply with the

PBE requirements of § 121.337. To be in

compliance, an airplane with a

passenger-seating configuration of 10 to

19 seats would have to have at least

three PBE: one PBE, fixed or portable,

for each flight crewmember at their

station, and an additional portable PBE

on the flight deck for use in fighting

fires. An airplane with a passengerseating configuration of 20 to 30 seats

would have to have at least four PBE:

One PBE, fixed or portable, for each

flight crewmember at their station; an

additional portable PBE on the flight

deck for fighting fires; and a portable

PBE in the passenger compartment

located within 3 feet of the required

hand fire extinguisher.

The applicability of the current rule

would be revised to include other than

transport category airplanes. Section

121.337(b)(9)(iv) would also be revised

to except airplanes having a passengerseating configuration of fewer than 20

seats and a payload capacity of 7,500

pounds or less from the requirement to

have a PBE in the passenger

compartment. The exception is needed

because these airplanes are not required

to have a flight attendant; the portable

PBE on the flight deck would be used

by a flight crewmember for fighting a

fire.

There are major safety benefits to

requiring PBE. PBE prevents injury or

death of crewmembers from smoke or

harmful gasses and enables them to

continue flying the airplane and

assisting passengers. PBE decreases the

likelihood of death or injury to

passengers because crewmembers will

not be incapacitated by smoke or

harmful gasses and thus are able to

continue to perform their duties.

Finally, PBE allows crewmembers to

fight fires without succumbing to smoke

inhalation, thereby decreasing the risk

of passenger injury and death. The FAA

proposes to apply the PBE requirement

to affected commuters because fires

occur at least as frequently in airplanes

used by affected commuters as they do

in the larger airplanes currently

operated under part 121. Fires can have

worse effects in smaller airplanes

because there is less room to move

passengers away from the source of the

fire. Also, since there is less cabin

volume, the smoke may become worse

more quickly.

The FAA proposes to require

compliance with § 121.337 by a date 2

years after the publication date of the

final rule.

Additional life rafts for extended

overwater operations. Sections 121.339

and 135.167 require that airplanes

engaged in extended overwater

operations provide enough life rafts of a

rated capacity and buoyancy to

accommodate the occupants of the

airplane. In addition, § 121.339 requires

excess rafts so that all occupants of the

airplane can be accommodated in the

event of the loss of one raft of the largest

rated capacity.

A life raft, which is approximately the

size of a suitcase before it is inflated, is

an important piece of survival

equipment in an emergency ditching.

Rafts facilitate rescue efforts by keeping

passengers together and helping to

prevent hypothermia. The FAA believes

that the affected commuters that engage

in extended overwater operations

should be required to meet the part 121

requirements. As with current part 121

certificate holders, affected commuters

can apply for waivers, and the FAA can

decide, on a case-by-case basis, if a

waiver is appropriate. These waivers are

issued pursuant to § 121.339(a) which
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16251

permits the Administrator to allow

deviation from the requirement to carry

certain equipment for extended

overwater operations. Since there are

few extended overwater operations

conducted by commuters, the FAA does

not expect this proposed requirement to

have a significant impact.

Flotation devices. Unless an airplane

is equipped with life preservers,

flotation cushions are required in

§ 121.340 for each passenger whenever

an airplane is used in any overwater

operation. In parts 121 and 135, life

preservers are required only for

extended overwater operations,

(§§ 121.339 and 135.167). Therefore,

airplanes used in extended overwater

operations would already be equipped

with life preservers, so they would not

need to have flotation cushions. Section

121.340 has been applied so that

virtually every airplane is equipped

with either flotation cushions or life

preservers, because it is practically

impossible to operate any place without

flying over a body of water of sufficient

depth to require some sort of flotation

means.

The advantage of requiring flotation

means is that if an airplane crashes in

the water, occupants would be provided

some protection. Many of the most

active airports have runways with

takeoff or landing approaches over

water. While ditchings (anticipated

water landings) in the high seas are

relatively rare events, crashes in the

water at the end of runways are less rare

and can result in drownings.

Therefore, the FAA proposes that

airplanes equipped with 10 or more

seats operating in scheduled passenger

operations and not already equipped

with life preservers be equipped with

flotation cushions. To allow any

replacement of seat cushions to be

coordinated with the seat cushion

flammability requirements of

§ 121.312(c), the FAA proposes a

compliance date of 2 years after the

publication date of the final rule.

Pitot heat indication system. Section

25.1326 requires a pitot heat indication

system to indicate to the flightcrew

when a pitot heating system is not

operating. Part 23 currently requires

pitot heat systems for airplanes

approved for IFR flight or flight in icing

conditions, but doesn’t address the

requirement for a pitot heat indication

system. This new requirement applies to

new type certification and will not

affect existing in-service commuter

airplanes or future production of

currently approved commuter airplanes.

Section 121.342 currently requires a

pitot heat indication system on all

airplanes that have a pitot heating

system installed.

In recommendation A–92–86, the

National Transportation Safety Board

(NTSB) recommended that small

airplanes certificated to operate in icing

conditions and at altitudes of 18,000

feet mean sea level and above should be

modified to provide a pitot heat

operating light similar to the light

required by § 25.1326. As recommended

by the NTSB, part 23 is currently being

amended to require such indication for

commuter category airplanes (Notice

94–21, 59 FR 37620, July 22, 1994).

The FAA proposes to amend

§ 121.342 to require nontransport

category airplanes type certificated after

December 31, 1964, to incorporate pitot

heat indication systems. Affected

commuters would have to comply

within 4 years after the publication date

of this rulemaking.

Flight data recorders. Section 121.343

requires operators to equip certain

airplanes with flight data recorders

(FDR) that have certain data parameters.

Section 135.152(a) requires FDR in

multiengine turbine-powered airplanes

with a passenger configuration of 10 to

19 seats that were brought onto the U.S.

register after October 11, 1991. Section

135.152(b) requires FDR on multiengine,

turbine-powered airplanes having a

passenger seating configuration of 20 to

30 seats.

As discussed in the ‘‘Major Issues’’

section of this notice, the FDR

requirements would continue

unchanged under the proposal.

Therefore, the current applicable

requirements in part 135 would be

moved into part 121 by reference in

proposed § 121.344.

Radio equipment. Sections 121.345

through 121.351 cover radio equipment

requirements. Part 121 specifies radio

equipment requirements for operations

under VFR over routes navigated by

pilotage, for operations under VFR over

routes not navigated by pilotage or for

operations under IFR or over-the-top,

and for extended overwater operations.

The requirements are more specific and

restrictive than those in § 135.161. The

radio equipment requirements in part

121 are cumulative; that is, the

regulations prescribe basic radio

equipment requirements for VFR over

routes navigated by pilotage and

additional equipment for VFR over-thetop or IFR. Most part 121 operations are

conducted under IFR. The proposed

rule would require affected commuters

to comply with part 121 radio

equipment requirements. Because

additional equipment would be required

for VFR conditions in operations under

part 121, the FAA requests comments

on the appropriateness of the part 121

requirements for operations presently

conducted under part 135 and, if

inappropriate, commenter

recommendations for alternate

requirements.

Emergency equipment for operations

over uninhabited terrain. Section

121.353 prescribes the emergency

equipment needed for operations over

uninhabited terrain areas for flag and

supplemental air carriers and

commercial operators. The requirements

include pyrotechnic signaling devices,

emergency locator transmitters (ELT’s),

and survival kits equipped for the route

to be flown. Similar requirements exist

in part 135 for airplanes having a

passenger-seating configuration of more

than 19 passengers. (§§ 135.177 and

135.178). The proposed rule would

require compliance with § 121.353.

Survival kits would be a new

requirement for affected commuter

operators of airplanes with 10 to 19

seats.

Airborne weather radar. Section

121.357 requires airborne weather radar

equipment for transport category

airplanes (except for C–46 airplanes).

Similar requirements exist in § 135.175,

which applies to large transport

category airplanes. Section 135.173

allows for the use of either airborne

weather radar equipment or approved

thunderstorm detection equipment. As

discussed in the ‘‘Major Issues’’ section

of this notice, affected commuters

would be required to have approved

airborne weather radar equipment. The

applicability language of part 121 would

be revised accordingly.

Low-altitude windshear systems.

Section 121.358 requires either lowaltitude windshear warning and

guidance systems or predicting systems

on turbine-powered airplanes. The

definition for turbine-powered airplanes

in § 121.358(d) specifically excludes

turbo-propeller-powered airplanes. As

discussed in the ‘‘Major Issues’’ section

of this notice, this requirement would

not apply to affected commuter

operators using turbo-propeller-powered

or piston-powered airplanes.

Cockpit voice recorders. Section

121.359 requires cockpit voice recorders

(CVR) on all large turbine-poweredengine airplanes and on large

pressurized airplanes with four

reciprocating engines. Section

135.151(a) requires one standard of CVR

on all multiengine turbine-powered

airplanes or rotorcraft having a

passenger seating configuration of six or

more and for which two pilots are

required by type certification, and

another standard for all multiengine

turbine-powered airplanes or rotorcraft
16252 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

having a seating configuration of 20 or

more seats. As discussed in the ‘‘Major

Issues’’ section of this notice, the

proposal would not change current CVR

requirements; and CVR language from

part 135 would be incorporated to

maintain existing part 135 requirements.

Ground proximity warning system

(GPWS). GPWS provides a warning to

the flightcrew when an airplane is

dangerously close to the ground,

allowing time for the flightcrew to take

corrective action and avoid collision

with the ground. These types of

accidents are called controlled flight

into terrain (CFIT) because they occur

when the flightcrew is not aware that

the airplane is dangerously close to

terrain.

Section 121.360 requires GPWS on

turbine-powered airplanes. Section

121.360(f) also requires a ground

proximity warning-glide slope deviation

alerting system that meets certain

standards. Section 135.153 requires a

ground proximity warning system for

any turbine-powered airplane having a

passenger-seating configuration of 10 or

more seats. There is also a provision in

§ 135.153(b) that allows an airplane to

be operated until April 20, 1996,

without a GPWS if the airplane is

equipped with an alternative system

that conveys warnings of excessive

closure rates with the terrain and if

certain other requirements are met. Part

135 does not specifically require a glide

slope deviation alerting system nor does

it provide specific TSO standards as

part 121 does.

Although the GPWS requirements in

parts 121 and 135 appear to be different,

any approved GPWS under part 135

would be capable of complying with

part 121 standards. By April 20, 1996,

which will precede the compliance date

of this proposed rule, all affected

commuter airplanes must have

approved GPWS. Therefore, there will

be no difference in the requirements as

of the effective date of this proposed

rulemaking.

VI.B.8. Subpart L—Maintenance,

Preventive Maintenance, and

Alterations

Applicability. Part 121 operators are

required to adopt a continuous

airworthiness maintenance program

(CAMP), which has a proven track

record for large transport category

airplane. Under § 135.411(a)(2),

airplanes that are type certificated for a

passenger-seating configuration of 10

seats or more are already required to

comply with a CAMP similar to part 121

requirements. The proposed rule would

require all airplanes type certificated for

10 or more passengers to comply with

part 121 CAMP requirements. These

requirements are consistent with

present-day maintenance standards and

techniques to manage airplane

airworthiness. The proposal to include

affected commuters under part 121

maintenance requirements would not

necessitate a revision to § 121.361.

Section 121.361(b) contains a

deviation provision allowing certain

noncertificated persons to perform

maintenance. Affected commuters

would now have this option available.

Since many of the airplanes that are the

subject of this rulemaking are

manufactured outside the United States,

this deviation provision would allow

operators to have the original equipment

manufacturers perform some overhauls

and repairs.

Responsibility for airworthiness.

Section 121.363 places the

responsibility for the airworthiness of

an airplane on the certificate holder.

Under the proposal affected commuters

would have to comply with § 121.363. A

similar requirement appears in

§ 135.413. Section 135.413(a) requires a

part 135 operator to have defects

repaired between required maintenance

under part 43. This provision does not

appear in part 121. Part 121 operators

are required to have defects repaired in

accordance with their maintenance

manual. As an FAA-approved

maintenance manual requires no less

than the part 43 requirements, affected

commuters would experience no change

in requirements.

Maintenance, preventive

maintenance, and alteration

organization. Section 121.365 requires

the certificate holder to have an

adequate maintenance organization for

the accomplishment of maintenance,

preventive maintenance, and alterations

on its airplanes. The provision allows

the certificate holder to arrange with

another person to accomplish the work,

provided that the certificate holder

determines that the person has an

organization adequate to perform the

work. This provision requires separate

inspection functions to ensure that

those items directly affecting the safety

of flight are verified to be correct by

someone other than the person who

performed the work. Since § 135.423 is

essentially identical to § 121.365, there

would be no change in requirements for

affected operators. Affected operators

would be required to comply with part

121.

The FAA recognizes that other

provisions of this proposed rule, which

would require affected operators to

install new equipment and might lead to

replacement of part 23 type certificated

airplanes with part 25 type certificated

airplanes, could necessitate that

maintenance personnel (as required by

this section and by §§ 121.367 and

121.371) have additional skills and

training. The effect of these other

provisions on maintenance costs is

discussed in the regulatory evaluation

summary in this notice.

Maintenance, Preventive

Maintenance, and Alterations Programs.

Section 121.367 establishes the

requirement for a certificate holder to

have an inspection program and a

program covering other maintenance,

preventive maintenance, and

alterations. The rule provides for

accomplishment of maintenance,

preventive maintenance, and alterations

in accordance with the certificate

holder’s manual regardless of whether

the work is performed by the certificate

holder or another person. The

corresponding part 135 provision,

§ 135.425, is essentially identical.

Affected operators would be required to

comply with part 121.

Manual requirements. Section

121.369 requires the certificate holder to

include in its manual a description of

the organization required by § 121.365

and a list of persons with whom it has

arranged for the performance of any

required inspections, other

maintenance, preventive maintenance,

or alterations. The manual must contain

the programs required by § 121.367,

including the methods of performing

required inspections, other

maintenance, preventive maintenance,

or alterations. This provision requires a

certificate holder to provide a

maintenance program in manual form to

be used in its organization in the

performance of maintenance, preventive

maintenance, and alteration programs.

This manual is necessary to ensure that

the certificate holder has provided an

adequate maintenance program for the

airworthiness of its airplanes and to

inform its personnel, or other persons

who perform maintenance, of their

responsibilities regarding the

performance of maintenance on the

airplane.

Section 135.427 is basically identical

to § 121.369. Affected operators would

be required to comply with part 121.

Required inspection personnel.

Section 121.371 contains certain

requirements for inspection personnel,

including provisions for specific

qualifications for and supervision of an

inspection unit. Included is a

requirement for listing persons who

have been trained, qualified, and

authorized to conduct required

inspections. The persons must be

identified by name, occupational title,

and the inspections that they are
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16253

authorized to perform. This ensures that

competent and properly trained

inspection personnel are authorized to

perform the required inspections.

Section 135.429 has language that is

similar to this section. Affected

operators would be required to comply

with part 121.

Continuing analysis and surveillance.

Section 121.373 on continuing analysis

and surveillance is in nearly all respects

identical to the provisions of § 135.431.

The FAA proposes that affected

commuters would comply with

§ 121.373. Section 121.373 provides for

the establishment by the certificate

holder of a system to continually

analyze the performance and

effectiveness of the programs covering

maintenance, preventive maintenance,

and alterations. This section also

provides for the correction of any

deficiencies in those programs. Also

included in this section is a provision

whereby the Administrator may require

the certificate holder to make changes in

either or both of its programs described

in paragraph (a) if those programs do

not contain adequate procedures and

standards to meet the requirements of

this part. The requirement is necessary

to provide feedback to the certificate

holder on the certificate holder’s

programs covering maintenance,

preventive maintenance, and

alterations, so that deficiencies can be

corrected. The requirement for a

procedure providing for changes

required by the Administrator is similar

to procedures included in other parts of

the Federal Aviation Regulations and

ensures that deficient programs are

corrected promptly. Since §§ 121.373

and 135.431 are basically identical, no

new burdens would be imposed by the

proposal to require affected operators to

comply with § 121.373.

Maintenance and preventive

maintenance training programs. Section

121.375 requires training programs that

ensure that persons performing

maintenance or preventive maintenance

functions (including inspection

personnel) are fully informed about

procedures, techniques, and new

equipment in use and that those

personnel are competent to perform

their required duties. This section is

identical to § 135.433. Affected

operators would be required to comply

with part 121.

Maintenance and preventive

maintenance personnel duty time

limitations. Section 121.377 establishes

the requirements for maintenance

personnel to be relieved from duty for

a period of at least 24 consecutive hours

during any 7 consecutive days, or the

equivalent thereof within any 1 calendar

month. This requirement is for

maintenance personnel within the

United States. This provision would be

a new requirement for affected

commuters. The FAA believes that this

provision to be a necessary safety

precaution to ensure that maintenance

personnel are provided adequate rest.

Certificate requirements. Section

121.378 requires that each person, other

than a repair station certificated under

the provisions of Subpart C of part 145,

who is directly in charge of

maintenance, preventive maintenance,

or alterations, and each person

performing required inspections, hold

an appropriate airman certificate. The

FAA determined when this provision

was adopted for part 121 that it was

necessary to ensure that the certificate

holder uses maintenance personnel who

have adequate knowledge of the

regulations and hold an appropriate

airman certificate. An identical

requirement appears in § 135.435. The

FAA proposes that affected operators

would comply with part 121.

Authority to perform and approve

maintenance, preventive maintenance,

and alterations. Section 121.379 allows

the certificate holder to have

maintenance performed by other

persons. The rule also permits a

certificate holder to perform

maintenance for other certificate

holders. This provision allows the part

121 certificate holder some flexibility in

scheduling and performing its

maintenance by allowing the work to be

performed by other persons when the

certificate holder does not have the

personnel or facilities available to

perform certain maintenance. The rule

requires that all major repairs and

alterations must have been

accomplished with data approved by

the Administrator. Section 135.437

contains the same requirements. The

FAA proposes that affected operators

would comply with part 121.

Maintenance recording requirements.

Section 121.380 provides for the

preparation, maintenance, and retention

of certain records using the system

specified in the certificate holder’s

manual. The rule also specifies the

length of time that the records must be

retained and requires that the records be

transferred with the airplane at the time

it is sold. The requirements of

§§ 135.439 and 121.380 are essentially

identical so few new recordkeeping

requirements would be imposed. A

small change is necessary to

§ 121.380(a)(2) to accommodate

propeller-driven airplanes used by some

affected commuters. This proposed

requirement is in § 135.439(a)(2)(i).

Section 121.380(a)(2)(v) would be

amended to adopt the language found in

§ 135.439(a)(2)(v) to provide more

complete records on airworthiness

directive compliance. The current part

121 requirement does not specify

maintaining in the records the times and

dates for conducting recurring actions

required by an airworthiness directive,

although the FAA assumes that current

part 121 certificate holders already do

this. This is particularly important if

ownership of an airplane is transferred.

Transfer of maintenance records.

Section 121.380a requires the certificate

holder to transfer certain maintenance

records to the purchaser at time of the

sale, in either plain language form or in

coded form. The coded form must

provide for the preservation and

retrieval of information in a manner

acceptable to the Administrator. The

purchaser may permit the seller to keep

physical custody of the records;

however, custody by the seller does not

relieve the purchaser of the

responsibility under § 121.380(c) to

make the records available for

inspection by a representative of the

Administrator or authorized

representatives of the National

Transportation Safety Board. The

purpose of this section is to ensure that

a new owner receives all the records

that are to be maintained by an operator

as required by § 121.380. This section is

worded the same as § 135.441 except

that the part 121 provision allows the

purchaser to select the format of the

transferred records.

The FAA notes that both § 121.380

and § 121.380a, and all other

maintenance recordkeeping

requirements, are being reviewed by an

Aviation Rulemaking Advisory

Committee (ARAC) that is studying

ways to improve the recordkeeping

requirements.

VI.B.9. Subpart M—Airman and

Crewmember Requirements

Subpart M of part 121 and subparts E

and F or part 135 contain airman and

crewmember requirements. A

discussion of the Age 60 Rule appears

in the ‘‘Major Issues’’ section of this

notice.

Flight attendant complement. The

number of flight attendants required on

airplanes varies depending on the

seating capacity of the airplane. Section

121.391 requires one flight attendant for

airplanes having a seating capacity of

more than 9 but less than 51 passengers.

Section 135.107 requires one flight

attendant for airplanes having a

passenger seating configuration,

excluding any pilot seat, of more than

19 passengers.
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Flight attendants are required on

airplanes to perform essential routine

and emergency safety duties. Routine

duties include numerous items, such as

passenger briefings and ensuring that

carry-on baggage is correctly stowed. On

larger airplanes flight attendants are

needed in emergencies to operate

emergency equipment and assist

passengers in evacuating the airplane.

Airplanes currently operated under part

121 are larger and heavier, the distance

to the nearest emergency exit may be

greater, and the emergency equipment is

more complex to operate. Small

airplanes are easier to evacuate than

large airplanes and the close proximity

of the flightcrew make handling inflight

emergencies easier than on large

airplanes. In addition, airplanes with

passenger-seating capacities from 10 to

19 might have to install an additional

seat for the flight attendant or dedicate

a seat which could be revenue

producing to provide a seat for a flight

attendant. Not requiring flight

attendants for commuter airplanes with

a seating capacity of less than 20

passengers has not proven to be a safety

hazard. Therefore, the FAA is retaining

the requirement for a flight attendant for

more than 9 passengers for current part

121 airplanes, but proposes to require a

flight attendant for affected commuters

only in airplanes with more than 19

passenger seats. This change would not

have any effect on current part 121

certificate holders and would not

impact the affected commuters since it

is the current standard for part 135.

Flight attendants being seated during

movement on the surface. Section

121.391(d) states that during movement

on the surface, flight attendants must

remain at their duty stations with safety

belts and shoulder harnesses fastened

except to perform duties related to the

safety of the airplane and its occupants.

Part 135 has a similar provision in

§ 135.128(a), except that it does not

specify that flight attendants may be

performing safety duties during

movement on the surface. The FAA

proposes that the affected commuters

with flight attendants comply with the

part 121 rules and that flight attendants

be allowed to perform safety related

duties, such as ensuring that passenger

seat belts are fastened and conducting

passenger briefings, during movement

on the surface.

Flight attendants or other qualified

personnel at the gate. Section 121.391(e)

requires that a specified number of

flight attendants be on board the

airplane when it is parked at the gate

and passengers are on board and that

the number of flight attendants cannot

be reduced unless certain conditions are

met. It also allows the use of

‘‘substitutes’’ providing they are

qualified. Part 135 does not have

requirements on flight attendants at the

gate, although commuter operators may

have policies preventing unattended

passengers when the airplane is parked

at the gate. The FAA proposes that all

airplanes being operated by affected

commuters be required to comply with

current § 121.391(e); that is, they must

have a flight attendant or substitute

(such as a flight crewmember) on board

when the airplane is parked at the gate

and passengers are on board. The

substitutes must be given training in the

emergency evacuation procedures for

that airplane as required by § 121.417

and they must be identified to the

passengers. If there is only one flight

attendant or other qualified personnel

on board the airplane, that person must

be located in accordance with the

certificate holder’s FAA-approved

operating procedures.

Since as a result of this proposed rule

§ 121.391(e) would apply in the future

to operations that do not use flight

attendants, the FAA proposes to move

paragraph (e) to a new separate section,

proposed § 121.393, to highlight the

crewmember requirements that apply

when an airplane is on the ground and

will continue to another destination.

Aircraft dispatchers. Section 121.395

requires that each domestic and flag air

carrier shall provide enough qualified

aircraft dispatchers at each dispatch

center to ensure proper operational

control of each flight. This would be a

new requirement for affected

commuters. It is associated with

compliance with the dispatch

requirements of part 121, which is

discussed in the ‘‘Major Issues’’ section

of this preamble.

VI.B.10. Subparts N and O—Training

Program and Crewmember

Qualifications

There are no proposed revisions to

these subparts in this notice except that

§ 121.435 would be removed. It is an

obsolete requirement since helicopters

are no longer operated under part 121.

See discussion of a recent proposal to

these subparts in the ‘‘Recent FAA

Actions’’ section of this notice.

VI.B.11. Subpart P—Aircraft Dispatcher

Qualifications and Duty Time

Limitations: Domestic and Flag Air

Carriers

The requirements in § 121.463 of

subpart P would be revised to clarify

where an observer is to sit if the

airplane does not have a jump seat on

the flight deck.

VI.B.12. Subpart Q—Flight Time

Limitations and Rest Requirements:

Domestic Air Carriers

A discussion of this subpart appears

in the ‘‘Major Issues’’ section of this

notice.

VI.B.13. Subpart R—Flight Time

Limitations: Flag Air Carriers

A discussion of this subpart appears

in the ‘‘Major Issues’’ section of this

notice.

VI.B.14. Subpart S—Flight Time

Limitations: Supplemental Air Carriers

and Commercial Limitations

A discussion of this subpart appears

in the ‘‘Major Issues’’ section of this

notice.

VI.B.15. Subpart T—Flight Operations

This subpart prescribes requirements

for flight operations applicable to all

certificate holders except as otherwise

specified. The requirements include

responsibility for operational control,

passenger briefings, use of oxygen,

carry-on baggage, use of certificated

airports, and other requirements.

Operational control. Sections 121.533

and 121.535 require each domestic and

flag operation to be responsible for

operational control and specifies the

responsibilities for aircraft dispatchers

and pilots for each flight release. These

would be new requirements for affected

commuters. Section 121.537 contains

the requirements for operational control

for supplemental operations. While the

requirements for domestic and flag

operations are based on a dispatch

system, the requirements for

supplemental operations are based on a

flight following system. For all three

types of operations the requirements in

part 121 for operational control are more

detailed and provide better guidance

than those in part 135 (§§ 135.77 and

135.79). Part 121 assigns specific

responsibilities to the pilot in command

and the aircraft dispatcher, clearly

stating these requirements and how

operational control is to be

implemented. In part 135, the certificate

holder must list names and titles of

those responsible for operational

control, but there are no specific

requirements. Operational control is

critical to flight safety and the

requirements in part 121 would provide

a higher level of safety for affected

commuters.

Admission to the flight deck. Section

121.547 specifies who may be admitted

to the flight deck of a passenger-carrying

airplane. The part 121 section is similar

to but more detailed than § 135.75,

which applies to the admission of FAA

inspectors to the pilots’ compartment,
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16255

except that § 121.547 provides for

additional types of persons who may be

admitted.

Emergency procedures. Parts 121 and

135 require that, when the certificate

holder or PIC knows of conditions that

are a hazard to safe operations, the

operation must be restricted or

suspended until the hazardous

conditions are corrected. (See

§§ 121.551, 121.553, and 135.69.) In

addition, § 135.69(b) provides for the

PIC to continue a flight towards an

airport where hazardous conditions

exist if (1) it may be reasonably

expected that by the time of estimated

arrival the conditions will have been

corrected, or (2) there is no safer

procedure. In the latter event,

continuation is an emergency situation

under § 135.19 (subsumed by proposed

§ 119.58), which allows the PIC to

deviate from the rules of the part to the

extent required to meet the emergency.

Sections 121.557, 121.559, and 135.19

on emergency procedures would be

removed from this subpart and covered

in proposed part 119.

Section 121.565 would be a new

requirement for affected commuters

now operating under part 135. This

section requires a pilot in command to

take certain actions in the event of an

engine failure, such as to land at the

nearest suitable airport, to report the

engine failure to the appropriate ground

station and keep the station informed of

the flight’s progress, and to send a

written report to the operations manager

(or other, as specified) if the pilot has

not landed at the nearest suitable airport

after the engine failure.

Passenger information. Both parts 121

and 135 contain requirements for the

oral briefing of passengers on the use of

seatbelts, smoking, and the location and

use of emergency exits and equipment

(see §§ 121.571, 121.333, 121.573,

121.585, 135.117, 135.127). The oral

briefing must be supplemented by

printed cards for each passenger and

must contain diagrams showing

emergency exits and additional

instructions. The passenger information

rules in parts 121 and 135 are similar,

but part 121 is more specific in some

respects, while part 135 is more specific

in others. The FAA proposes to amend

§ 121.571(a) to bring over from § 135.117

requirements for additional passenger

information for airplanes with no flight

attendant. This additional information

includes instructions on location of

survival equipment, location and

operation of oxygen equipment, location

and operation of fire extinguishers, and

placement of seat backs in an upright

position for takeoffs and landings. The

FAA proposes that the affected

commuters otherwise comply with the

part 121 rules on passenger information.

The printed cards would need to be

revised or supplemented to provide

information on flotation cushions or

other required flotation devices once

they are installed.

A small change is proposed for

§ 121.571(a)(3) to allow a flight

crewmember (instead of a flight

attendant) to provide an individual

briefing of a person who may need

assistance in the event of an emergency,

in cases where an airplane does not

have a flight attendant.

Oxygen for medical use by

passengers. Section 121.574 provides

that a certificate holder may allow a

passenger to carry and operate

equipment for dispensing oxygen if,

among other requirements, the

equipment is furnished by the certificate

holder. Under current § 135.91, the

certificate holder may allow a passenger

to carry and operate equipment for

dispensing oxygen provided certain

requirements are met. In addition, under

part 121, the equipment must be part of

a certificate holder’s maintenance

program; under part 135 it is required as

part of the certificate holder’s

maintenance program only if the

certificate holder owns the equipment.

Section 135.91(d) contains a provision

for permitting a noncomplying oxygen

bottle provided by medical emergency

service personnel to be carried on board

the airplane; this provision would not

be carried forward into part 121.

Part 121 requires the certificate holder

to supply the oxygen to ensure that

internal contamination of the

pressurized oxygen does not occur. The

contamination of the cylinder with a

flammable material (grease, oil) could

result in a serious fire or explosion

when these cylinders are operated on a

pressurized airplane. Under the

proposal, the FAA would limit the use

of oxygen units to those maintained by

the air carrier as is presently provided

in § 121.574. Most of the airplanes

operated by the affected commuters are

pressurized and frequently operate

above 10,000 feet. The operating

conditions and safety concerns are

similar for part 121 operators and the

affected commuters.

Alcoholic beverages. Sections 121.575

and 135.121 contain requirements

controlling the serving or consumption

of alcoholic beverages on airplane. The

requirements are similar except for three

additional requirements in § 121.575.

Certificate holders are prohibited from

serving alcohol to persons who have

legal access to armed weapons and to

persons who are being escorted by an

armed law enforcement escort. Also,

part 121 requires certificate holders to

report any disturbances caused by

people who appear to be intoxicated.

Since these differences are minor and

are not expected to impose a burden on

affected commuters, the FAA proposes

that affected commuters comply with

the requirements of § 121.575.

Retention of items of mass. Section

121.576 requires that airplanes must

have a means to prevent each item of

galley equipment and each serving cart,

when not in use, and each item of crew

baggage, which is carried in the crew or

passenger compartment, from becoming

a hazard. Section 121.577 prohibits a

certificate holder from moving an

airplane on the surface or taking off

unless such items are secure. Sections

135.87 and 135.122 require certificate

holders to ensure that such items are

secure before takeoff. The FAA proposes

that the affected commuters comply

with § 121.577, which is substantively

the same as § 135.122.

Cabin ozone concentration. Section

121.578 sets maximum levels of ozone

concentration inside the cabins of

transport category airplanes operating

above 27,000 feet. Commuter (and

predecessor) airplanes do not, generally,

operate at these altitudes; nevertheless,

the FAA believes that these rules should

apply whenever the altitudes are

exceeded. The FAA proposes to amend

§ 121.578(b) to delete the references to

transport category airplanes. Section

121.578(d) contains deviation authority

if the certificate holder shows that

compliance with the current rule is

unreasonable either because of

circumstances beyond its control or

because of an unreasonable economic

burden.

Minimum altitudes for use of

autopilot. Sections 121.579 and 135.93

establish minimum altitudes for use of

autopilots. The two sections are similar;

however, part 135 does not specify

weather requirements for an approach.

In a current NPRM proposing to revise

the minimum altitude for use of an

autopilot (59 FR 63868, December 9,

1994), which is under consideration for

the minimum altitude for autopilot use

corresponds to the type certificate of the

autopilot and altitude stated in the

Airplane Flight Manual (AFM). If

accepted as proposed, the AFM would

establish guidance that would be edited

and approved in the air carriers

operations specifications.

Forward observer’s seat. Section

121.581 requires a certificate holder to

make available a seat on the flight deck

of each airplane for use by the

Administrator while conducting en

route inspections. Comparable § 135.75

requires, for such inspections, a forward
16256 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

observer’s seat on the flight deck or a

forward passenger seat with headset or

speaker. Because airplanes in the 10- to

30-seat range may not have an

observer’s seat on the flight deck, the

option of providing a forward passenger

seat would be moved into part 121.

Authority to refuse transportation.

Section 121.586 prohibits a certificate

holder from refusing transportation to a

passenger on the basis that the

passenger will need the assistance of

another person to move quickly to an

exit in the event of an emergency,

unless the certificate holder has

established procedures for the carriage

of such passengers and the passenger

either fails to comply or cannot be

carried in accordance with the

procedures. Part 135 does not

specifically prohibit a certificate holder

from refusing transportation to such

passengers nor does it specifically

require procedures; however,

§ 135.23(q) requires that the certificate

holder’s manual contain procedures for

the emergency evacuation of passengers

who may need assistance. Because these

procedures are currently required as

part of the manual requirements of part

135, § 121.586 would not pose any

burden on the certificate holder; rather

it would clarify the conditions under

which a certificate holder may refuse

transportation.

Carry-on baggage. Requirements for

the stowage of carry-on baggage aboard

airplanes are found in §§ 121.589 and

135.87. There are three significant

differences between the requirements in

parts 121 and 135.

First, part 121 requires certificate

holders to have an approved carry-on

baggage program with which both the

certificate holder and the passengers are

required to comply.

Second, part 121 requires that carryon baggage be scanned before boarding

to ensure the size and amount of

baggage is consistent with the program.

Third, no certificate holder may allow

all passenger entry doors of an airplane

to be closed in preparation for taxi or

pushback unless at least one required

crewmember has verified that each

article of baggage is stowed in

accordance with the requirements of

that certificate holder’s program.

The FAA proposes that the certificate

holders upgrading to part 121 as a result

of this NPRM would comply with the

part 121 carry-on baggage rules. This

would require the preparation and

approval of a carry-on baggage program.

Variations in the types of airplanes used

or crewmember complement can be

addressed in the program. For instance,

procedures for stowing baggage on

airplanes having overhead racks that are

not certificated for carriage of carry-on

baggage or cargo would be specified.

Procedures for scanning baggage would

be spelled out in the program, according

to the type of operation. In addition,

crewmember responsibilities for

stowage of baggage for operations that

do not require a flight attendant would

be addressed. This program is necessary

to assure that all certificate holders

operating under part 121 have

procedures to prevent an airplane from

taking off with baggage that has not been

properly stowed.

Airports. Section 121.590 provides

that air carriers and pilots operating

under part 121 must operate an airplane

into a land airport that is certificated

under part 139. As discussed under the

‘‘Major Issues’’ section of this notice, the

proposed rule language would allow

affected commuters into and out of

other than part 139 airports pending

legislation that would authorize the

FAA to regulate airports (in a future

rulemaking) that serve passengercarrying operations of airplanes having

a seating capacity of less than 30

passengers. Section 121.590 would be

revised to incorporate pertinent

requirements of § 135.229.

VI.B.16. Subpart U—Dispatching and

Flight Release Rules

Subpart U, in conjunction with

sections of subpart T, prescribes

dispatching and flight release rules for

domestic and flag operations. Sections

121.533, 121.535, and 121.537 prescribe

who has operational control of flights

for domestic, flag, and supplemental

part 121 operations. In addition,

§§ 121.533 and 121.535 require flight

releases before a flight can take off.

Subpart U prescribes who has dispatch

and flight release authority, requires

flight releases for supplemental

operations, and specifies requirements

rules for flight releases under certain

conditions. All of these rules would be

new requirements for all affected

commuters.

Flight release authority:

Supplemental. Section 121.597, which

applies to supplemental operations,

requires a flight release signed by the

pilot when the pilot and the person

authorized by the certificate holder to

exercise operational control believe that

the flight can be made safely. This

would be a new requirement for affected

commuters who conduct supplemental

flights. Under part 135 releases are not

required for either scheduled or ondemand flights.

Dispatch or flight release under VFR.

Section 121.611 states that no person

may dispatch or release an airplane for

VFR operation unless the ceiling and

visibility en route, as indicated by

available weather reports or forecasts,

are and will remain at or above

applicable VFR minimums until the

airplane arrives at the airport. Part 135

does not have a comparable release

requirement, though for VFR over-thetop carrying passenger operations

(§ 135.211), no person may operate an

airplane unless weather reports or

forecasts indicate that the weather at the

intended point of termination meets

certain visibility requirements.

Operations in icing conditions.

Section 121.629 contains requirements

for operations in icing conditions. This

section requires a certificate holder to

have an approved ground deicing/antiicing program, and the certificate

holder, including all personnel assigned

duties, must comply with that program.

The regulations prescribe the general

content of the program, including what

must be covered in ground training for

flight crewmembers and other

personnel. Section 121.629(d) provides

that, in lieu of the program, a certificate

holder may conduct a check from

outside the airplane when conditions

are such that frost, snow, or ice may

adhere to airplane surfaces.

Section 135.227 prescribes the

requirements for takeoff in icing

conditions for part 135 operations. Parts

135 and 121 are similar. Part 135 allows

the carrier the option to comply with

part 121 deicing/anti-icing program

requirements. Most affected commuters

already comply with part 121 program

requirements. Part 135 states that the

certificate holder may not authorize a

flight to takeoff in icing conditions

unless the pilot has received the

applicable training under § 135.341; the

training requirements for part 121

(§ 121.629) and part 135 (§ 135.345) are

identical. Under part 135, having a

deicing/anti-icing program is only one

of the options for taking off in icing

conditions; other options are conducting

a pretakeoff contamination check or

having an approved alternative

procedure. Since most of the affected

commuters already have an approved

deicing/anti-icing program that

complies with part 121 requirements,

the proposed rule would require all

affected commuters to comply with the

part 121 requirements.

Fuel reserves. Sections 121.639,

121.641, 121.643, and 121.645 contain

fuel reserve requirements based on the

type of operation to be conducted.

These fuel reserve requirements do not

distinguish between VFR and IFR

operations. Section 121.639 requires 45

minutes of fuel reserve for domestic air

carriers and for certain other air carrier

operations.
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Section 135.209 requires 30 minutes

of fuel reserve for day VFR conditions

and 45 minutes for night VFR

conditions. Section 135.223 requires 45

minutes for IFR conditions.

The FAA proposes to require affected

commuters to comply with the fuel

reserve requirements of part 121 but

recognizes that the proposed change

could have an impact on operators that

conduct operations in VFR conditions.

Under the proposal these operations

would have to have an additional 15

minutes of fuel reserve to be in

compliance. The FAA invites comments

on the impact the proposal would have

on operators that conduct operations in

VFR conditions.

VI.B.17. Subpart V—Records and

Reports

Subpart V prescribes requirements for

the preparation and maintenance of

records and reports for all certificate

holders operating under part 121.

Although many of the requirements are

identical to or similar to the

recordkeeping requirements in

§§ 135.63 and 135.65, part 121 requires

additional information, including new

records and reports. For instance,

additional load manifest information is

required under part 121.

Under the proposal, the most

significant change in recordkeeping

requirements would be the addition of

records required in part 121 for a

dispatch system. These include

maintaining aircraft dispatcher records

and dispatch release records. Affected

commuters would be required to

comply with all applicable dispatch

recordkeeping requirements in subpart

V.

Section 121.689 prescribes the

requirements for flight release forms for

supplemental operations under part

121. These requirements would be new

for affected commuters who would

conduct on-demand type operations

under part 121 supplemental rules.

Maintenance log: Airplane. Section

121.701 requires that an airplane

maintenance log be used to record the

occurrences of mechanical irregularities

and deferred maintenance items. The

airplane maintenance log is required to

be kept in the airplane. Both

§§ 121.701(a) and 135.65(c) require that

any person taking action concerning a

reported or observed failure or

malfunction of the airplane must record

that action in the airplane maintenance

log. The certificate holder is required to

establish and include in its manual a

procedure for keeping adequate copies

of the log in the airplane. Section 135.65

additionally requires the pilot in

command to ensure the status of each

irregularity entered in the maintenance

log. The FAA is not proposing that this

requirement be added to part 121

because under existing part 121 rules,

no airplane can be dispatched without

a maintenance release that accomplishes

the same purpose.

Mechanical reliability reports. The

provisions of § 121.703(a) and

§ 135.415(a) that require mechanical

reliability reports are virtually identical

except for §§ 135.415(a)(12) and

121.703(a)(17). Subparagraph (a)(12) of

§ 135.415 provides the qualification that

the landing gear extension should be

‘‘unwanted.’’ The FAA proposes to

adopt the part 135 language because the

FAA is concerned with unplanned inflight extensions of the landing gear.

The § 121.703(a)(17) provision on

emergency evacuation systems required

under the proposal, which is absent

from the corresponding part 135 rule,

would be adopted for affected

commuters. The part 121 standard is

proposed because the FAA needs to

know about all potentially defective

evacuation systems so that the defect

would be immediately corrected.

Paragraph 121.703(e) on transmitting

reports is more detailed than the

equivalent paragraph in part 135. Part

121 additionally requires records of the

flight number and stage, the emergency

procedures effected, the nature of the

failure, the repair status of the affected

part, and whether the airplane was

grounded. The FAA is proposing to

require that affected commuters follow

the more detailed requirements of part

121 because the additional data would

add information to the database. These

reports would enhance the airplane

airworthiness standards that are

monitored to ensure that corrective

action can be taken if unsatisfactory

trends develop. The remaining

provisions of § 135.415 are the same as

those in § 121.703.

Paragraph (f) would be amended to

delete an obsolete reference to § 37.17,

which no longer exists in the

regulations.

Mechanical interruption summary

report. Section 121.705 requires that

these mechanical interruption summary

reports be submitted ‘‘regularly and

promptly’’ but does not clearly define

the standard for the timeliness of the

submission. Part 121 operators have for

many years had maintenance manual

requirements that essentially required

that these reports be submitted on a

monthly basis. The equivalent part 135

requirement specifically calls for the

monthly submission of these reports.

The FAA proposes to require that

affected commuters comply with the

part 121 requirement in order to have

the timing established in the operator’s

manual which allows for differences

among operators. Section 121.705(b)

contains a requirement that is not found

in the corresponding § 135.417 section.

That provision requires reporting

premature engine removals. The FAA

proposes to require affected commuters

to comply with this requirement

because of a need to track the reliability

of engines. The FAA maintains a

database of premature engine removals

that would allow operators to predict

engine life or the possible development

of fleet-wide problems. Initially this

database was limited primarily to part

121 operators of large airplanes with

new engines. The FAA is expanding this

database to cover most engine types.

This provision provides for reporting

mechanical interruptions that are not

reported under other sections. The FAA

needs these reports to obtain data by

which airplane airworthiness standards

are monitored and to ensure that

corrective action can be taken if

unsatisfactory trends develop.

Alteration and repair reports. Section

121.707 requires part 121 operators to

submit to the FAA a copy of a report of

each major alteration or major repair.

Although corresponding

§ 135.439(a)(2)(vi) requires the retention

of these reports but does not specifically

require that they be submitted to the

FAA, they are required to be submitted

under part 43. Therefore, under the

proposal affected commuters would

comply with the requirements of

§ 121.707.

Airworthiness release or airplane log

entry. Section 121.709 requires the

certificate holder to prepare or cause to

be prepared either an airworthiness

release or an appropriate entry in the

airplane log after the performance of

maintenance, preventive maintenance,

or alterations. The airworthiness release

or log entry must be prepared in

accordance with the procedures set

forth in the certificate holder’s manual.

The current requirements in § 135.443

essentially mirror the requirements of

§ 121.709 so there would be minimum

burden for affected commuters. Section

121.709(c) contains a provision that is

not found in part 135. That provision

requires that a copy of the airworthiness

release be given to the pilot in command

and that a certificate holder retain a

copy for at least 2 months. The

proposed rule would require affected

commuters to comply with this

provision. The FAA considers that this

additional requirement is necessary to

provide a system for the flightcrew to

determine the airworthiness status of an

airplane after maintenance has been

performed and to determine the
16258 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

airworthiness of the airplane prior to

flight. The person providing an

airworthiness release or airplane log

entry is required to determine that all

the requirements for inspection and

airworthiness are satisfied.

Other recordkeeping requirements.

New recordkeeping requirements for

affected commuter operators, which the

FAA does not believe would impose a

significant burden, would be § 121.711,

which requires a record of each en route

radio contact between the air carrier and

its pilots; § 121.713, which requires

commercial operators to keep copies of

contracts; and § 121.715, which requires

reporting of in-flight medical

emergencies.

VI.C. Proposed Part 119 Explanation

New part 119 was originally proposed

in 1988 (53 FR 39853; October 12,

1988). It is being entirely republished in

this NPRM because of the number of

changes the FAA has made in the

proposed rule language since 1988. The

changes that are the result of the review

of commuter operations are discussed

earlier in the preamble under ‘‘Changes

to part 119 as a result of this NPRM.’’

In this section of the preamble the

organization and substance of the entire

part are summarized, along with an

explanation of changes to the proposed

rule language that have been made since

1988.

The first objective of the proposed

rule is to establish a permanent guide in

a new part 119 that would enable

persons who provide transportation of

people or cargo to determine what

certification, operations, maintenance,

and other regulatory requirements they

must comply with. A second objective

is to determine certification and

operating requirements.

This proposed rule does not address

the certification rules found in parts

125, 133, or 137.

The proposed rule would accomplish

the following:

(1) Incorporate SFAR 38–2 into a new

part 119 as Subparts A and B;

(2) Revise certification procedures

now in parts 121 and 135 and

consolidate them in a new part 119 as

Subpart C;

(3) Revise wet leasing requirements;

(4) Provide definitions for terms such

as ‘‘direct air carrier’’ and ‘‘kind of

operation;’’

(5) Provide a roadmap for certificate

holders to lead them to the operating

rules in part 121, 125, or 135 that they

must comply with for the kind of

operations that they conduct;

(6) Clarify the requirements for

operations specifications by adding

definitions for terms such as ‘‘domestic

operation’’ and ‘‘supplemental

operation;’’

(7) Add management requirements for

domestic and flag operations conducted

under part 121 consistent with those

that now exist for supplemental

operations conducted under part 121,

and consolidate part 121 and part 135

management requirements;

(8) Rescind part 127 and any

requirements that pertain solely to

helicopters in part 121, Subparts A

through D; and

(9) Throughout part 121, Subparts A

through D and part 135, Subpart A,

change various references from CAB

requirements to DOT requirements,

change language where needed, and

make incidental editorial changes.

In accomplishing the above changes,

the FAA has edited current regulatory

language for clarity and consistency.

Organization of New Part 119.

Proposed new part 119 reorganizes into

one part many requirements that now

exist in SFAR 38–2 and in parts 121 and

135. Subpart A of proposed part 119 sets

forth in general terms the applicability

of the part, requirements and

prohibitions covered by the part,

definitions for terms used in Subchapter

G, the types of certificates issued, and

general provisions concerning

operations specifications. Subpart B

provides the guidelines and benchmarks

which determine what operating

requirements apply to each kind of

operation. Among other things, subpart

C updates and consolidates into a

central location the certification rules

now found in SFAR 38–2 and in parts

121 and 135. These subparts are

discussed in more detail below.

Subpart A—General

Proposed Subpart A provides that part

119 would apply to persons operating or

intending to operate civil aircraft as an

air carrier or commercial operator

conducting passenger operations, cargo

operations, or both. A person would be

issued only one certificate and all

operations would be conducted under

that certificate regardless of the kind of

operation or the class or size of the

aircraft. Persons authorized to conduct

operations as an air carrier (i.e., in

interstate, overseas, and foreign

common carriage) would be issued an

Air Carrier Certificate, currently referred

to as ‘‘Air Carrier Operating Certificate.’’

Persons who conduct intrastate common

carriage operations, persons who

conduct non-common carriage

operations as a commercial operator,

and persons conducting certain other

operations not involving common

carriage would be issued an Operating

Certificate.

The FAA would issue operations

specifications reflecting the kind of

operations to be conducted. The

operations specifications would

prescribe the authorizations, limitations,

and procedures under which each type

and size of aircraft would be operated.

The FAA would not issue certificates

to foreign air carriers but would

continue to issue operations

specifications in accordance with part

129 to foreign air carriers who possess

economic authority to conduct common

carriage operations within the United

States.

Section 119.3—Definitions. To clarify

which operational rules apply to

specific kinds of operations, proposed

§ 119.3 defines several terms. Many of

the aspects of these new definitions

related to this NPRM, e.g., ‘‘scheduled

operation,’’ ‘‘domestic operations,’’ ‘‘flag

operations,’’ ‘‘supplemental

operations,’’ ‘‘on-demand operations,’’

and ‘‘commuter operations’’ have been

previously discussed. Commenters

should note that in this proposal the

FAA has attempted to include in the

definition of ‘‘scheduled operation’’

elements that would distinguish it from

nonscheduled operations for

compensation or hire in common

carriage. The FAA considers the

distinguishing factors of a scheduled

operation are that departure location,

arrival location, and departure time are

determined by the certificate holder,

and the certificate holder offers such

operations in advance (i.e., holds out).

In contrast, a nonscheduled common

carriage operation for compensation or

hire, i.e., on-demand operations and

supplemental operations, are

characterized by a negotiation in which

the customer or customer’s

representative negotiates the departure,

departure time, and arrival location. The

only holding out that a nonscheduled

common carriage operator might engage

in would be letting others know that it

would be available for such things as

charter flights and other operations in

which departure time, departure

location, and arrival location are

negotiated.

Many of the other definitions are

carried over from SFAR 38–2 and are

self-explanatory. Some terms and

definitions, however, would be

modified from SFAR 38–2 to make them

consistent with this codification and the

changes affecting commuter operations.

Under SFAR 38–2, the following terms

are used: ‘‘domestic air carrier,’’

‘‘supplemental air carrier,’’ and

‘‘commuter air carrier.’’ In this proposal,

domestic operation, supplemental

operation, and commuter operation

would cover not only air carriers, but
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16259

also intrastate commercial operators

engaged in common carriage. The

proposed definition for ‘‘domestic

operation’’ includes intrastate common

carriage operations within Hawaii and

Alaska, which presently follow the rules

for flag operations. This change would

standardize the requirements for all U.S.

operators conducting intrastate

scheduled operations under part 121.

The FAA proposes to introduce a new

definition—‘‘noncommon carriage’’—to

more clearly recognize and distinguish

that certain operations for compensation

or hire are accomplished without a prior

holding out. For instance, many

operations that are conducted under

part 125 are ‘‘noncommon carriage’’ in

that the customer pays for the

transportation by air, but the operator

neither held out a schedule of flight

times nor held out that it was available

for negotiating departure time,

departure location, and arrival location.

It should be noted, however, that part

125 operations are not limited to

noncommon carriage operations.

Assuming an airplane has a seating

configuration of 20 or more passenger

seats or maximum payload capacity of

6,000 pounds or more, part 125 applies

in situations ‘‘when common carriage is

not involved.’’ The FAA believes that it

is important to clarify the meaning of

‘‘when common carriage is not

involved’’ and its regulatory twin

‘‘operations not involving common

carriage.’’ Both of those phrases mean

not only ‘‘noncommon carriage’’ but

also operations in which persons or

cargo are transported without

compensation or hire and operations not

involving the transportation of persons

or cargo. Readers are reminded that for

those airplanes that are usually used by

certificate holders in parts 121, 135, or

137 operations, part 125 does not apply

when those airplanes have no

passengers or cargo (certificate holders

operate such flights under part 91).

Additionally, part 125 does not apply in

other situations where part 91 alone

applies, e.g., an exclusive flight for the

free transportation of company

employees.

The FAA is proposing a new term—

‘‘wet lease.’’ Existing § 121.6 describes a

wet lease situation without using the

‘‘wet lease’’ term. This situation

describes a lease involving an airplane

and at least one pilot flight

crewmember. In the proposed new term,

a wet lease would be defined as one

involving the lease of an entire airplane

and at least one crewmember. Thus, if

a person leases an airplane and any

crewmember (e.g., flight attendant,

flight engineer, or pilot), it would be

considered a wet lease. For an

articulation of how this new definition

applies operationally, see the discussion

concerning § 119.53.

The definition of ‘‘direct air carrier’’

is included in this NPRM because the

FAA finds it necessary to make a

distinction between the direct air

carrier, with operational control over

flights, and the indirect air carrier (for

example, a freight forwarder) who is not

authorized to exercise operational

control over flights.

New definitions have also been added

for clarity, such as definitions for

‘‘passenger carrying,’’ ‘‘principal base of

operations,’’ and ‘‘kind of operation.’’

The proposed definitions also include

terms which would enable operators to

distinguish clearly among kinds of

operations. The FAA has noted

confusion over certain terms in the past

and intends to eliminate the confusion

by defining the proposed terms clearly

and, where needed, including

clarification in Subpart C certification

requirements.

‘‘Maximum payload capacity.’’ In

January 1995, the FAA issued a draft

Advisory Circular (AC) 120–27c,

‘‘Aircraft Weight and Balance Control,’’

containing proposed guidance for

determining the standard average

weights for crewmembers. The proposed

standard average weights were based on

recent data obtained from air carrier

surveys. The FAA proposes to amend

the current standard allowance for

crewmembers—200 pounds for each

required crewmember. The proposed

standard allowances for crewmembers

would be 180 pounds for male flight

attendants, 130 pounds for female flight

attendants, or 140 pounds average for all

flight attendants. In addition, for male

flight crewmembers, the standard

average weight would be 180 pounds

each, and for female flight

crewmembers, 130 pounds each. These

standard average weights do not include

any carry-on baggage. If this NPRM

concerning the standard average weights

for crewmembers is not adopted, the

FAA would amend the draft AC to

reflect the existing regulations that

specify a weight allowance of 200

pounds for each required crewmember.

Thus, the final AC would accurately

reflect what the regulations allow.

As used within the proposed part,

these definitions, in conjunction with

proposed changes to certification

requirements that would be

incorporated in Subpart C, would clarify

which operators must obtain Air Carrier

Certificates or Operating Certificates.

Section 119.5—Certifications,

authorizations, and prohibitions. In

general, § 119.5 (a), (b), and (c) identify

the type of certificate—an air carrier

certificate or an operating certificate—

the Administrator would issue to

different persons depending on the

nature of their operations. In § 119.5(d),

the FAA proposes to issue only one

certificate to an operator engaging in

common carriage, regardless of the kind

of operation or the class or size of the

aircraft to be operated. For example, if

an operator used Boeing 757 aircraft in

scheduled operations both within the

U.S. and abroad, that operator would be

issued one air carrier certificate and that

certificate with its operations

specifications would authorize these

two kinds of operation (i.e., domestic

and flag). If that same operator used

airplanes with a seating capacity of 9 or

less passenger seats in scheduled

operations and used another make and

model airplane in nonscheduled

common carriage operations, only one

air carrier certificate would be issued,

but the certificate and the operations

specifications would contain two

additional kinds of operations, i.e.,

commuter and on-demand. See

§§ 119.37(f) and 119.49 (a)(5), (b)(5), and

(c)(4).

In § 119.5(e), the FAA proposes to

issue only one certificate to an operator

engaging in noncommon carriage,

regardless of the kind of operation, or

the class or size of the aircraft to be

operated. Thus, a person who conducts

noncommon carriage operations with

aircraft configurated with more than 20

passenger seats or a payload capacity of

6,000 lbs. or more, (for which part 125

would apply) and also aircraft

configurated with fewer than 20

passenger seats or a payload capacity of

less than 6,000 lbs. (for which part 135

would apply) would only be issued one

operating certificate.

Under § 119.5(f), a person conducting

more than one kind of operation must

conduct each operation in accordance

with the FAR applicable to the kind of

operation and the operations

specifications issued for the kind of

operation.

In § 119.5(h), the FAA proposes to

prohibit a person who holds an

operating certificate authorizing

noncommon carriage from conducting

any operation in common carriage.

Similarly, the FAA proposes that a

person holding an air carrier certificate

or an operating certificate authorizing

common carriage operations shall not

conduct any noncommon carriage

operations. The essential difference

between a common carriage operation

and a noncommon carriage operation is

the presence or absence of a holding

out. The FAA believes that an operator

engaged in common carriage (holding

out) cannot unequivocally claim that it
16260 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

can engage in a noncommon carriage

operation that would not have benefited

from the holding out activities of the

common carriage operation.

Finally, in § 119.5(j), the FAA

proposes to prohibit certificate holders

that operate under parts 121 and 135

from operating in geographical areas

unless the operations specifications

specifically authorize operations in

those areas.

Section 119.7—Operations

specifications. In § 119.7, the FAA

identifies items that must be contained

in each certificate holder’s operations

specifications and restates the existing

provision that operations specifications

are not part of a certificate.

Section 119.9—Use of business

names. In this section, the FAA

proposes to prohibit certificate holders

that operate airplanes under part 121 or

135 from using a business name other

than the name appearing in a certificate

holder’s operations specifications. The

FAA proposes that the name of the

certificate holder conducting the

operation must be displayed on the

airplane and clearly visible and readable

to a person standing on the ground at

any time except during flight time. If the

logo or livery of the airplane clearly

identifies the certificate holder, no other

identification is needed. The purpose of

this proposed requirement is for the

FAA to be able to identify, primarily for

purposes of ramp inspections, those

who appear to have operational control

of the airplane. Because this regulation

would apply to airplane ranging in size

from a small reciprocating-enginepowered airplane carrying four persons

to a Boeing 747, it is not practical for the

FAA to define the size letters that would

be required. Any means of identification

which satisfies this requirement is

acceptable, including signs temporarily

affixed in windows or on the door or

fuselage of the airplane.

With regard to the issue of whether

the logo of the freight forwarder may

also appear on the airplane, the FAA

believes that the logo of the freight

forwarder may remain on the airplane as

long as the name of the certificate

holder who has operational control is

clearly identified.

Because display of the operator’s

business name may pose unacceptable

security risks for U.S. certificate holders

who conduct operations in certain

foreign countries, the FAA proposes that

the Assistant Administrator for Civil

Aviation Security may authorize certain

certificate holders to conduct operations

without complying with the

requirement to display, on the airplane,

the name of the certificate holder

operating it.

Proposed Subpart B—Applicability of

Operating Requirements to Different

Kinds of Operations Under Parts 121,

125, and 135 of This Chapter

Proposed subpart B sets forth the

operating requirements that would

apply for specific kinds of operations.

The requirements of this subpart must

be read in conjunction with the

definitions for different kinds of

operations found in § 119.3, specifically

the definitions for ‘‘scheduled

operation,’’ ‘‘domestic operation’’, ‘‘flag

operation,’’ ‘‘supplemental operation,’’

‘‘commuter operation,’’ ‘‘on-demand

operation,’’ ‘‘noncommon carriage,’’ and

‘‘when common carriage is not

involved.’’ Significant changes have

been made to these definitions. Changes

which relate to affected commuters are

described earlier in the preamble under

‘‘Changes proposed for part 119 as a

result of this NPRM.’’ Other changes to

definitions in part 119 are explained

above under ‘‘Definitions.’’

Proposed § 119.21 directs domestic,

flag, and supplemental operations to be

conducted under the rules in part 121

for those kinds of operations, while

commuter and on-demand operations

are to be conducted under part 135.

Under 119.21(a) the Administrator may

permit certain intrastate Alaskan

operations to be conducted under some

of the flag requirements. Based on a

showing of safety in air commerce, the

Administrator may permit some

operations among the Aleutian Islands

and some operations between the

Aleutian Islands and the rest of Alaska

to be conducted under the applicable

rules for flag operations contained in

Subpart U of part 121. Also, under

§ 119.21(a)(3) it is proposed that any

certificate holder conducting

supplemental operations under part 121

between airports that are also served by

the air carrier’s domestic or flag

operations may be authorized or

required to conduct those operations

under the domestic or flag rules. In

addition, it is proposed that similar

existing provisions be retained that

certain all-cargo operations that

regularly and frequently serve the same

two airports may be required to be

conducted under domestic or flag rules.

Section 119.23 directs operations

when common carriage is not involved

using airplanes having a passengerseating configuration of 20 seats or

more, excluding any required

crewmember seat, or a payload capacity

of 6,000 pounds or more, to be

conducted under part 125. Noncommon

carriage operations conducted with

airplanes having a passenger-seating

configuration of less than 20 seats,

excluding any required crewmember

seat, and a payload capacity of less than

6,000 pounds, are to be conducted

under the rules of part 135 that apply to

on-demand operations. ‘‘When common

carriage is not involved’’ and

‘‘noncommon carriage’’ are explained

under ‘‘Definitions’’ above.

Section 119.25 directs all rotorcraft

operations to be conducted under part

135 regardless of the size or seating

capacity of the rotorcraft. However,

external-load operators and agricultural

aircraft operators must comply with part

133 or part 137 of the FAR, respectively.

This NPRM proposes to rescind part

127. Rotorcraft operators that previously

operated under part 127 would be

directed in Subpart B to conduct those

operations under part 135 since those

regulations have been more recently

updated and, therefore, are more current

and provide a more appropriate level of

safety.

Proposed Subpart C—Certification

Requirements and Operations

Specifications

The proposed new part 119, Subpart

C, contains the procedural certification

requirements and operations

specifications requirements for all

operations conducted under parts 121

and 135. Many of the requirements in

proposed Subpart C were drawn from

certification and operations

specifications sections in—

(1) Part 121, Subparts A, B, C, and D;

(2) Part 135, Subpart A; and

(3) SFAR 38–2.

The requirements are thus

consolidated in proposed Subpart C and

invalid references to the CAB and other

obsolete references are changed or

deleted.

The proposed rules applicable to part

121 operations and part 135 operations

have been combined wherever possible.

In rare instances, this has necessitated

extending part 135 certification

requirements to part 121 or vice versa.

Certain additions or revisions to

current rules are being proposed which

would clarify certification procedures

and facilitate FAA processing and

inspection functions. The discussion

below addresses only important

additions or revisions.

Section 119.33—General

requirements. Proposed § 119.33(c)

would require an applicant for a

certificate to conduct the proving tests

required for certification under the

appropriate requirements of part 121 or

part 135. The purpose of the tests is to

demonstrate (as one of the last steps in

the certification process) that the

applicant is qualified and eligible to

receive a certificate. Currently an
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applicant is required to obtain a

deviation from part 125 (for airplanes

with a passenger-seating configuration

of 20 or more or a maximum payload

capacity of 6,000 pounds or more) to

conduct proving tests under the

authority of part 91 and the appropriate

requirements of part 121 or part 135.

This change would permit applicants to

complete the certification process

without having to obtain either a

deviation or certification to conduct

operations under part 125. It is also

proposed to amend §§ 121.163, 125.1,

and 135.145 to make the proving test

requirements consistent in those parts.

Section 119.35—Certificate

application. Proposed § 119.35 would

require a certificate applicant to submit

the application 90 days before the

intended date of operation rather than

60 days, as presently required. A 90-day

submission requirement more

realistically reflects the actual time the

agency needs to process applications

and documentation. As discussed in

Advisory Circular (AC) 120–49, there

are five phases in the certification

process. The applicant begins with a

preapplication statement of intent and

proceeds through the necessary

preparation of documents, and

demonstration and inspection of the

aircraft. Whether this schedule proceeds

on time is, in large part, controlled by

the applicant. As stated in the AC,

‘‘Failure to accomplish an item or event

in a satisfactory manner or in

accordance with the schedule of events

could delay the certification.’’ The FAA

encourages applicants to provide the

certification project manager with draft

materials during the preapplication

period so that problems are not incurred

during formal review of the application

package. The 90 days, however, refers to

the period of formal review of the

completed application package. The

agency finds that this length of time is

necessary for proper review of the

application.

The FAA points out that under 49

U.S.C. 44705, the Administrator of the

FAA is responsible for ensuring that

each air carrier ‘‘properly and

adequately is equipped and able to

operate safely.’’ In order to fulfill this

safety responsibility, the FAA must

exercise the authority to request any

information to make a determination of

an air carrier’s fitness to operate.

Paragraphs (c) through (h) of § 119.35

are proposed recodifications of

§§ 121.47, 121.48, and 121.49. Generally

speaking, these sections deal with the

disclosure of financial information as

well as the disclosure of people and

entities that would control the new

certificate holder. It should be noted

that those three sections and their

proposed recodification in § 119.35(c)

through (h) only apply to persons who

are not air carriers and who are applying

for authority to engage in intrastate

common carriage but have not

undergone a fitness review by the

Department of Transportation. The

language has been updated to make it

consistent with new definitions and

certification requirements applicable to

these operators. For persons applying

for authority to conduct intrastate

common carriage operations under part

135 these would be new requirements.

The FAA believes these requirements

are necessary because financial

information, management information,

and information concerning who

controls the certificate holder can reveal

potential shortcomings in the

applicant’s ability to conduct a safe

operation.

Section 119.41—Amending a

certificate. Proposed § 119.41 contains

new procedures for making

administrative changes to the operating

certificate. These procedures are

modeled after the procedures used to

amend operations specifications and

would standardize the amendment

process.

In addition, under § 119.41

applications for amendments to

certificates would have to be submitted

15 days in advance of the time the

operator wants the amendments to be

effective, unless the Administrator

approves a shorter period when

circumstances warrant (i.e., minor or

routine amendments).

Section 119.45—Use of operations

specifications. Section 119.45 is a

recodification of § 121.75.

Section 119.47—Maintaining a

principal base of operations, main

operations base, and main maintenance

base; change of address. Proposed

§ 119.47 requires that a certificate

holder maintain a principal base of

operations and also allows it to establish

a main operations and main

maintenance base. ‘‘Principal base of

operations’’ is defined in § 119.3 as ‘‘the

primary operating location of a

certificate holder as established by the

certificate holder.’’ Air carriers with

large operations may have other bases

located with or separate from the

principal base of operations. The FAA

proposes to refer to these bases as ‘‘main

operations base’’ and ‘‘main

maintenance base.’’ New automated

operations specifications would provide

for this information. Written notification

must be provided to the certificateholding district office before

establishing or relocating a principal

base of operations, a main operations

base, or a main maintenance base. The

principal base of operations, the main

operations base, and the main

maintenance base may be at the same

location. This requirement is derived

from § 135.27(a) which requires that a

certificate holder maintain a principal

business office. The proposed

terminology clarifies that the FAA needs

to know the location of the primary

point of contact between the FAA and

the certificate holder. Certificate holders

would no longer be required to report

changes of address for business offices.

Elimination of this requirement does not

affect the carrier’s responsibility under

49 U.S.C. 46103 to notify the FAA and

Office of the Secretary of Transportation

(OST) of an address for service of

process (see proposed § 119.49(a)(1),

(b)(1) and (c)(1)).

Section 119.49—Contents of

operations specifications. Proposed

§§ 119.49(a)(2), (b)(2), and (c)(2) require

that each certificate holder obtain

operations specifications that list other

business names under which the

certificate holder may operate. The

requirement is proposed to facilitate

enforcement and surveillance functions.

Current rules under part 135 already

require certificate holders to list their

alternate business names on their

operating certificates. Current part 121

places no restrictions on the use of

alternate business names; however, air

carriers are prohibited in the economic

regulations from using any names that

have not been specifically authorized by

OST.

The FAA proposes to extend the

requirement on alternate business

names to part 121 certificate holders to

enhance the agency’s ability to maintain

proper surveillance over these

operations and to further prohibit a

carrier from using any name not

authorized by the Secretary of

Transportation. Before deregulation, the

number of large carriers operating under

part 121 was relatively limited and the

activities of these carriers were well

defined and stable. Because of economic

deregulation, such carriers have

proliferated and many conduct

operations under one or more trade

names. Thus it is necessary for such

names to be specifically listed on a

carriers operations specifications.

Proposed §§ 119.49 (a)(3), (b)(3), and

(c)(3) add a requirement that operations

specifications contain a reference to the

economic authority issued by OST. The

requirement that a carrier have the

necessary economic authority is not

new. The proposal to include this

reference in the operations

specifications is intended to clarify that

the requirement still exists
16262 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

notwithstanding the demise of the CAB.

The effect of this proposal is to tie the

extent of authority contained in a

certificate holder’s operations

specifications to the extent of any

required economic authority.

Proposed § 119.49(a)(4) requires a

certificate holder conducting domestic,

flag, or commuter operations to obtain

operations specifications that list each

type of aircraft authorized for use and

each aircraft’s registration markings and

serial number. In current § 121.25, for

domestic of flag, the registration

markings and serial number are not

required. The requirement to list

registration markings does exist in

current § 121.45 for supplemental

operations and in all of part 135. The

new requirement is proposed in the

interest of consistency and to facilitate

FAA enforcement and surveillance

functions. Any burden of the new

requirement would be offset by a

proposed provision in §§ 119.49(a)(4)(i),

(b)(4)(i), and (c)(6)(i) that would allow

certificate holders to submit a current

list, which could be a computerized list

of aircraft and regular airports and to

reference that list on the operations

specifications. Current format and

procedures for approving operations

specifications require that each aircraft

be identified on the appropriate form.

This current format does not allow use

of computer printouts and can lead to

excessively lengthy operations

specifications.

Section 119.51—Amending

operations specifications. Under

§ 119.51 applications for amendments to

operations specifications would have to

be submitted 15 days in advance for

minor or routine amendments; however

the FAA proposes to require that

certificate holders file applications to

amend operations specifications at least

90 days before the date proposed by the

applicant for the amendment to become

effective in cases of mergers; acquisition

or airline operational assets that require

an additional showing of safety (e.g.,

proving tests); changes in the kind of

operation as defined in § 119.3;

resumption of operations following a

suspension of operations as a result of

bankruptcy actions; or the initial

introduction of aircraft not before

proven for use in air carrier or

commercial operator operations. It has

been the FAA’s experience that these

types of major changes do take at least

90 days for the agency to determine that,

as a result of the change, the applicant

is properly and adequately equipped

and is able to conduct a safe operation.

Proposed § 119.51(e) is basically a

recodification of the emergency

amendment procedures for operations

specifications that already exist in

§ 121.79. Under § 121.79, if the FAA

Flight Standards District Office (FSDO)

finds that there is an emergency

requiring immediate action, then the

amendment becomes effective

immediately and any petition for

reconsideration to the Director, Flight

Standards Service, does not stay the

effectiveness of the amendment. Under

§ 135.17, although the FSDO can issue

an amendment that is effective

immediately, the filing of a petition for

reconsideration stays the effectiveness

of the amendment. However, if the

Director finds there is an emergency

requiring immediate action, then the

Director notifies the certificate holder

that the amendment is effective upon

the date the certificate holder receives

the director’s finding. In this NPRM, the

FAA proposes to adopt—for 121 and

135 operations—the same procedures

for emergency amendments to operation

specifications. Because safety may

require an immediate change to

operations specifications for part 135

operations, the FAA has decided to

propose a procedure whereby the onsite inspectors make the initial

determination that an emergency exists.

The proposed procedure change would,

like current part 121 procedures, not

result in a stay simply because the

certificate holder petitioned for a

reconsideration of the amendment.

Section 119.53—Wet leasing of

aircraft. Proposed § 119.53 on wet

leasing would be revised from current

§ 121.6 to do the following: (1) Clarify

that the leasing requirements pertain

only to wet leasing (which is defined in

§ 119.3 as a lease of an aircraft that

includes the provision of any

crewmember); (2) extend the wet leasing

requirements to part 135 operations; (3)

prohibit a wet lease from a foreign air

carrier or any other foreign person; (4)

prohibit a wet lease from any person not

authorized to engage in common

carriage; (5) specify that the

Administrator, upon approval of the wet

lease, would determine which party to

the agreement has operational control

and would amend the appropriate

operations specifications of both parties,

if necessary; and (6) allow a wet lease

charter flight to transport passengers

who are stranded because of the

cancellation of their scheduled flight,

provided that the wet lease flight is

authorized by OST or the Administrator,

as applicable, and that the charter flight

is conducted under the rules applicable

to a supplemental or on-demand

operation. These clarifications reflect for

the most part current administrative

procedures.

Proposed § 119.53(e) would add a

provision to prohibit a certificate holder

from conducting any type of flight, not

specified in its operations

specifications, for another certificate

holder. The purpose of this provision is

to emphasize that a certificate holder

may not contract to perform any flight

it is not authorized to perform by its

own operations specifications. This

means that a certificate holder that

agrees to perform scheduled flights for

another carrier under a wet lease must

conduct those operations under the

domestic or flag rules of part 121, or

commuter rules of part 135, just as the

original carrier would have. To do this

it must have operations specifications

authorizing it to perform domestic, flag,

or commuter rules just as the original

certificate holder would have.

For example, airline A conducts

domestic operations between New York

and Miami. Because of unanticipated

problems, it finds it is unable to perform

these flights for a period of 3 days. It

arranges with airline B to operate these

flights under wet lease, in which airline

B retains operational control of the

conduct of the flights. Airline B must

operate these flights under the rules in

part 121 applicable to domestic

operations, just as airline A would have

to do, and airline B must have

operations specifications authorizing it

to conduct domestic operations.

If the requirement for appropriate

operations specifications is not

maintained, an operator could conduct

‘‘scheduled’’ operations through wet

leases with several carriers authorized

to conduct only supplemental

operations. In addition, an operator

might be induced to undertake an overly

ambitious schedule of flight operations

with the expectation that any required

augmentation could be quickly obtained

through a wet lease with a carrier

authorized to conduct only

supplemental operations. Because the

frequency and regularity of a scheduled

operation require different

infrastructure, contractual arrangements

with operators flying under the

supplemental or on-demand rules

cannot be tolerated.

In addition, § 119.53(e) requires that

these substitute operations be

conducted at ground locations that are:

(1) Between airports for which the

substitute certificate holder holds

authority for scheduled operations or (2)

within geographical areas for which the

substitute certificate holder has

authority for conducting supplemental

or on-demand operations.

The FAA recognizes that cases may

occur where a certificate holder

conducting scheduled operations is
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16263

forced to cancel a flight and finds it

impractical on extremely short notice to

arrange for a substitute carrier with

operations specifications that fully meet

the proposed requirements. In the rare

situation where passengers could be

stranded, the FAA and OST have agreed

to procedures that would give the

passengers the option of taking a charter

flight in place of the flight originally

scheduled. In such a situation, the

operator providing the substitute flight

would have to obtain a waiver of 14 CFR

part 380 requirements from OST based

on an emergency need. See proposed

§ 119.53(f). The passengers would then

be given the option of making their own

arrangements, working out

arrangements with the original carrier,

or taking the charter flight. Each

passenger who elects to take the

emergency charter flight would be given

an appropriate ticket (or other flight

document) by the charter operator

before the passenger boards the charter

flight aircraft. The operator of this

charter flight would have operational

control and would conduct the flight

under the supplemental or on-demand

rules, as applicable. Comments are

solicited on whether this procedure is

adequate to cover any potential

hardships.

Section 119.55—Obtaining deviation

authority to perform operations under a

U.S. military contract. This section

contains various requirements for an

operator who performs military contract

services, involving deviations from their

normal operations. These requirements

include, among others, (1) an

application requesting authority to

perform the service, (2) certification by

the Department of Defense that the

service cannot be performed without the

deviation, and (3) an appropriate

amendment to the certificate holder’s

operations specifications by the

Administrator. Many of these

requirements are currently set forth in

§ 121.57, which applies only to

supplemental operations.

In this NPRM, the FAA is proposing

a new procedure in order to obtain

deviation authority to perform under a

U.S. military contract. Under this

proposed procedure, the certificate

holder must submit its request for

deviation authority to the Department of

Defense’s Air Mobility Command

(AMC). AMC would review the requests

and forward the carriers’ consolidated

requests, along with AMC’s

recommendations, to the FAA for

review. The FAA is making this

proposal because during the Desert

Shield/Desert Storm operations, the

agency was inundated with requests for

deviations. The FAA believes that the

AMC has the resources to consolidate

these requests, identify the specific

FARs from which relief is sought, and

evaluate the requests to determine

whether the relief sought would be

needed to accomplish the military

mission. The FAA believes that this

proposed procedure would enable the

agency to process these requests more

efficiently, should the need arise in the

future.

Emergency Operations (Sections

119.57 and 119.58). The FAA is

proposing two new sections concerning

emergency situations. These two new

sections are generally recodifications of

§§ 121.57(c), 121.557, 121.559, and

135.19. On the one hand, § 119.57 is

designed to address emergency

situations in which it is impossible for

the certificate holder planning to

conduct emergency operations to act

without complex and thorough

planning. For example, § 119.57 would

most often be used to respond to natural

disasters such as massive floods and

earthquakes. On the other hand,

§ 119.58 is designed to address an

emergency situation in which complex

and thorough planning are not possible

because of the nature of the emergency.

In other words, the nature of the

emergency may be such that unless

immediate action is taken, all would be

lost, and any delayed action would be

futile. Readers are reminded that in pure

part 91 operations, § 91.3 applies.

Section 119.59—Conducting tests and

inspections. Proposed language has been

included in § 119.59(b)(1) and (e) to

emphasize both the authority of FAA

inspectors to gain access to a certificate

holder’s books and records and the fact

that a certificate holder risks suspension

of part or all of its operations

specifications if it fails to provide that

access. This language is an important

reminder of the FAA’s statutory

authority and duty to determine

whether an operator continues to be

properly equipped to comply with the

FAR and whether the operator can

operate safely. Without access to those

records, the FAA cannot fulfill its safety

mission. The proposed paragraph makes

explicit the intent of present §§ 13.7 and

121.81, Subpart V of part 121, and

§ 135.63. The purpose of the principal

base of operations is for each certificate

holder to provide to the FAA one

location that the FAA would use as its

main point of contact. It is the focus of

liaison between representatives of the

FAA and the operational management of

the certificate holder. The FAA requires

notification when this location changes

so that it can adjust its staff accordingly.

Proposed § 119.59(b)(1) would require

that the operations specifications and

certificate must be maintained at the

principal base; other records must be

identified in a current listing at the

principal base that shows the location

and person responsible for each

individual report and record.

Section 119.63—Recency of

operation. Proposed § 119.63 would

prohibit a certificate holder from

conducting a kind of operation if that

kind of operation has not been

conducted for a period of 30

consecutive days. To resume that kind

of operation the certificate holder must

advise the Administrator at least 5

consecutive calendar days prior to

resumption of that kind of operation

and make itself available for any FAA

reexamination that the FAA considers

necessary. This requirement is being

proposed because the FAA believes that

the safety requirements for a particular

kind of operation might not be met

adequately by an operator that does not

conduct that kind of operations for that

length of time. Safety requires at least 5

days notice so that the FAA has the

opportunity to conduct an inspection or

reexamination to determine whether the

certificate holder remains properly and

adequately equipped and able to

conduct a safe operation. Unless the

FAA suspends or revokes the operator’s

certificate or withdraws the

authorization in the operations

specification for that kind of operation,

the certificate holder may resume that

kind of operation on the sixth

consecutive calendar day after it

notified the FAA of its plans to resume

that kind of operation. Even if the FAA

decides not to conduct a reinspection or

a reexamination during that 5-

consecutive-calendar-day period, the

certificate holder may nonetheless

resume operations on the sixth

consecutive calendar day after the

notification. For seasonal operators,

advance planning and coordination

with the certificate holding district

office would make resumption of

operations smoother.

Management Requirements Proposed

For Part 119 (Proposed Sections 119.65

through 119.71). Currently the FAA has

specific regulations governing

qualifications for the management

personnel of supplemental air carriers

and commercial operators (§§ 121.59–

121.61) and air taxi/commercial

operators (§§ 135.37—135.39). Part 121

does not have specific regulations

governing management personnel of

domestic and flag carriers. Under the

authority of 49 U.S.C. 44705 and as

stated in § 121.27(a)(2) of the FAR, the

Administrator must find that ‘‘the

applicant is properly and adequately

equipped and able to conduct a safe
16264 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

operation in accordance with this part.’’

To fulfill this responsibility, it is

necessary to propose standard

management personnel qualifications

for each certificate holder operating

under part 121 of the FAR.

The proposed rule would consolidate

management personnel requirements for

operations conducted under part 135 or

part 121 into new part 119. In proposed

§§ 119.65 and 119.67 management

personnel requirements would be

established for all operations conducted

under part 121, including domestic and

flag operations, as well as supplemental

operations.

The proposed management personnel

requirements for operations conducted

under part 135 (§§ 119.69 and 119.71)

would be substantially the same as

those currently in §§ 135.37 and 135.39.

The proposed management personnel

requirements for operations conducted

under part 121 (§§ 119.65 and 119.67)

would be similar to those currently in

§§ 121.59 and 121.61, which now apply

only to supplemental operations.

The only significant changes under

the proposed management requirements

for part 121 and part 135 would be as

follows:

• Director of safety. As previously

discussed, the FAA is proposing that

each certificate holder that conducts

operations under part 121 must have a

director of safety. This person would be

responsible for keeping the highest

management officials of the certificate

holder fully informed about the safety

status of the certificate holder’s entire

operation. The FAA proposes to

eliminate the position of general

manager, which is presently required for

certificate holders who conduct

supplemental operations under part

121.

• Director of operations. Current

§§ 121.61(a)(1) and 135.39(a)(1)(i)

require that a director of operations hold

or have held an airline transport pilot

(ATP) certificate. Proposed §§ 119.67(a)

and 119.71(a) require that a director of

operations currently hold an ATP. This

change reflects current administrative

procedures; an ATP certificate no longer

has an expiration date and is revoked

only for cause. However, the

requirement does not mean that the

director of operations must currently

meet medical certification requirements.

Current § 121.61(a) requires a director

of operations to have at least 3 years of

experience as a pilot in command (PIC)

of a large airplane or have 3 years

experience as a director of operations of

an operation using large airplanes or a

position of comparable responsibility. In

the 1988 NPRM for a new part 119 and

again in this NPRM, the FAA proposes

for § 119.67(a) to require a director of

operations to have both 3 years

experience as a PIC of an aircraft under

part 121 or part 135 and 3 years

supervisory experience in a position

that exercised control over any

operations conducted with aircraft

under part 121 or part 135. This change

would assure that a director of

operations under part 121 has both the

technical and management expertise

necessary to direct operations of

airplanes used in part 121.

Since 1988, the FAA has decided to

propose an additional eligibility

requirement for a first-time director of

operations and a first-time chief pilot.

(There is a later discussion of the

eligibility requirements for a chief

pilot.) The FAA is proposing that

certain experience for the director of

operations have been obtained recently.

In the case of a person becoming a

director of operations for the first time,

the FAA is proposing that the PIC

experience in large aircraft be recent,

i.e., 3 years of experience within the

past 6 years. (See § 119.67(a)(3)(i).)

Additionally, for all directors of

operation under part 121, the minimum

of 3 years of supervisory or managerial

experience must have been obtained

within the last 6 years. (See

§ 119.67(a)(2).)

Current § 135.39(a)(2) requires that

the director of operations for a

certificate holder who is not conducting

any operation for which a PIC is

required to hold an ATP certificate must

hold a commercial pilot certificate.

Proposed § 119.71(b)(1) would revise

the requirement to ‘‘a commercial pilot

certificate with an instrument rating’’ to

ensure that a director of operations has

at least minimum experience in

instrument flying.

Additionally, for operations

conducted under part 135, the FAA

proposes that the director of operations

have the following experience:

(1) At least 3 years of supervisory or

managerial experience within the last 6

years, in a position that exercised

operational control over any operations

conducted under parts 121 or 135; or

(2) For a person with previous

experience as a director of operations, at

least 3 years experience as a PIC of

aircraft operated under 121 or 135; or

for a person becoming a director of

operations for the first time, the 3 years

of PIC experience must have been

obtained within the past 6 years.

• Director of maintenance. Current

§ 121.61(c) requires that a director of

maintenance hold a current mechanic

certificate with either an airframe or

powerplant rating. Current § 135.39(c)

requires that a director of maintenance

hold a current mechanic certificate with

airframe and powerplant ratings. In

order to standardize the certificates

required for the director of maintenance,

proposed § 119.67(c) and 119.71(e)

would require that a director of

maintenance hold a current mechanic

certificate with both airframe and

powerplant ratings.

In addition to the foregoing, to serve

as director of maintenance for an

operation conducted under part 121, a

person must have 1 year of experience

in a position of returning airplane to

service, at least 5 years experience

within the past 5 years in one or a

combination of the following:

maintaining airplanes in the same

category and class as the certificate

holder uses or repairing airplanes in a

certificated airplane repair station that

maintains airplanes in the same

category and class as the certificate

holder uses.

Also, the requirement in present

§ 135.39(c) that the required experience

in maintaining large aircraft must

include the recency requirements of

§ 65.83 has been added to proposed

§ 119.67(c) and carried over to proposed

§ 119.71(e).

• Chief pilot. Current § 135.39(b)(1)

requires that a chief pilot who conducts

any operation for which the PIC is

required to hold an airline transport

pilot certificate must ‘‘hold a current

airline transport pilot certificate with

appropriate ratings for at least one of the

types of aircraft used.’’ Similarly current

paragraph (b)(2) requires that a chief

pilot of a certificate holder who is not

conducting any operation for which the

PIC is required to hold an airline

transport pilot certificate must ‘‘hold a

current commercial pilot certificate with

an instrument rating.’’ Proposed

§ 119.71(c)(1) and (d)(1) omits the word

‘‘current’’ because these pilot

certificates no longer have an expiration

date and are revoked only for cause. The

words ‘‘and be qualified to serve as PIC

in at least one type of aircraft used in

the certificate holder’s operation’’ are

added to clarify that the chief pilot must

meet recency of experience

requirements and medical requirements.

Readers should note that, in order to be

a chief pilot for an operator that

conducts part 135 operations, that

person must be qualified to serve as PIC

in operations conducted under that part.

The FAA feels that this proposed

requirement is necessary for chief pilots

under part 135, but not required for

chief pilots under part 121 because part

121 requires operational control systems

(e.g., dispatch system, flight following

system) that are more robust than the

operational control systems required
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16265

under part 135. In fact, part 135 does

not require a dispatch system or a flight

following system; as a minimum, it only

requires a flight locating system.

To be eligible to be a chief pilot in

part 121 operations, or part 135

operations in which any operation

requires that the PIC hold an ATP

certificate, a person must hold an ATP

certificate. A commercial pilot

certificate, with appropriate ratings, is

sufficient for a chief pilot at a part 135

operation that only conducts operations

for which the PIC’s are required to hold

a commercial pilot certificate.

In addition to holding the appropriate

certificate, in order to be eligible to be

a chief pilot in part 121 or 135

operations, a person must have at least

3 years experience as a PIC of aircraft

operated under parts 121 or 135.

However, if that person is becoming a

chief pilot for the first time, the 3 years

experience must have been obtained

within the previous 6 years.

• Chief inspector. Section 121.61

requires a chief inspector for each

supplemental or commercial operator

conducting part 121 operations. This

proposal would standardize this

requirement for all operators under part

121. In addition to the existing

eligibility requirements, the chief

inspector would be required to have at

least 1 year of experience in a

supervisory position maintaining large

aircraft. See 119.67(d).

• Deviation authority. The deviation

authority contained in §§ 121.61(b)(2)

and 135.39(d) has been combined and

made applicable to all management

personnel. Sections 119.67(e) and

119.71(f) authorize the Manager of the

Flight Standards Division in the region

of the certificate holding district office

to authorize a certificate holder to

employ a person who does not meet the

qualifications in proposed §§ 119.67 or

119.71. For a certificate holder or

applicant that wants to employ a person

who does not hold the required airman

certificate (e.g., ATP certificate,

commercial pilot certificate, airframe

and powerplant certificate), the

deviation authority sections would not

cover such a lack of airman certification

situation. The deviation authority

provides a means for competent and

qualified personnel who do not meet the

management personnel qualifications to

be employed in required positions.

Revisions to Parts 121 and 135

As discussed earlier, SFAR 38 and

SFAR 38–2 were intended as temporary

measures that superseded certain

provisions in the FAR. Thus, both

special regulations began with the

statement ‘‘Contrary provisions of parts

121, 123, 127, and 135 of the Federal

Aviation Regulations

notwithstanding* * *.’’ This statement

served to inform operators that

requirements in the regulations that

were contrary to the requirements in the

SFAR were superseded by the SFAR.

The purpose of the proposed revisions

to part 121 Subparts A, B, C, and D, and

part 135, Subpart A, is to delete all

sections which have been moved to part

119 and to eliminate all references

contradictory to part 119, such as

requirements using outdated

terminology. Subparts B, C, and D and

certain sections of Subpart A of part 121

are entirely deleted as well as certain

sections of Subpart A of part 135

because these requirements are either

obsolete or have been moved to

proposed part 119. The FAA anticipates

that a derivation table, showing the

origin and current source of many of the

proposed new sections, will appear in a

final rule document. Also, a description

of some of these revisions occurs in the

‘‘Editorial Changes’’ and the section-bysection portions of this preamble.

Rescinding Part 127 and Related

Rotorcraft Regulations

SFAR 38–2 required rotorcraft

operations that were formerly

conducted under part 121 or part 127 to

be conducted under part 135. Part 127

and rotorcraft sections of part 121 have

been in effect for 20 years without

substantive change despite significant

changes in equipment and technology

during the period. The rotorcraft

requirements under part 121 and all of

part 127 would have needed complete

revision and updating to be applicable

to today’s technology. In contrast, part

135 has been updated in recent years.

Since most rotorcraft have less than a

30-passenger seating capacity and a

payload capacity of less than 7,500

pounds, the FAA decided in the

interests of efficiency and safety that

rotorcraft operations should comply

with the requirements of part 135. In

accordance with SFAR 38–2, part 135

requirements superseded part 127 and

§§ 121.13 and 121.157. In effect this

notice formally proposes a rescission of

part 127 and related part 121 sections

which were suspended by SFAR 38–2.

The FAA stated in its preamble to the

proposed SFAR 38–2 and reiterates in

this proposal that, if the air

transportation industry significantly

expands the use of rotorcraft with more

than 30 passenger seats or more than

7,500 pounds payload capacity,

appropriate rules would be developed to

clearly specify the operating

requirements for this class of rotorcraft.

However, in the interim, if an operator

requests authority to operate this class

of large rotorcraft where safety

requirements in addition to those

prescribed in part 135 are warranted,

special operations specifications would

be issued, appropriate to the aircraft size

and kind of operation.

Editorial Changes

The proposed new part 119 and

revisions to parts 121 and 135 would

require certain editorial changes. These

changes have been made for clarity and

consistency and to facilitate combining

the requirements of parts 121 and 135.

None of these changes would impose

any additional requirements on persons

affected by the regulations.

The following are examples of

changes that would be incorporated in

proposed part 119 and made to all of the

sections remaining in part 121, Subpart

A, and part 135, Subpart A, as well as

to other parts of the FAR in order to

make them consistent with each other

and to reflect current FAA

administrative procedures:

(1) References to ‘‘domestic, flag,

supplemental, or commuter air carriers’’

have been changed to ‘‘domestic, flag,

supplemental, or commuter operation,’’

as appropriate.

(2) References to ‘‘Domestic, Flag, or

Supplemental Air Carrier Operating

Certificates’’ have been changed to ‘‘Air

Carrier Certificates.’’

(3) References to ‘‘ATCO Operating

Certificates’’ have been changed to ‘‘Air

Carrier Certificate’’ or ‘‘Operating

Certificate.’’

(4) References to ‘‘Flight Standards

District Office’’ and ‘‘District Office’’

have been changed to ‘‘certificateholding district office,’’ and a definition

for ‘‘certificate-holding district office’’

has been added.

(5) Obsolete references and

compliance dates have been deleted to

reflect current FAA procedures and the

current FAR.

(6) Language changes have been made

for consistency and to facilitate

computer searches for certain terms; for

example, ‘‘principal operations base’’ is

changed to ‘‘principal base of

operations.’’

(7) An effort has been made to break

unwieldy paragraphs into more

manageable divisions.

In the final rule for this proposal, the

FAA will make similar editorial changes

in the remaining subparts of parts 121

and 135 and in any other parts affected.

Regulatory Evaluation Summary

Proposed changes to Federal

regulations must undergo several

economic analyses. First, Executive

Order 12866 directs that each Federal
16266 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

agency shall propose or adopt a

regulation only upon area benefits of the

intended regulation justify its costs.

Second, the Regulatory Flexibility Act

of 1980 requires agencies to analyze the

economic effect of regulatory changes

on small entities. Third, the Office of

Management and Budget directs

agencies to assess the effect of

regulatory changes on international

trade. In conducting these analyses, the

FAA has determined that this Notice of

Proposed Rulemaking (NPRM) would

generate benefits that justify its costs

and is ‘‘a significant regulatory action’’

as defined in the Executive Order. The

FAA estimates, however, that the NPRM

would have a significant economic

impact on a substantial number of small

entities. No part of the proposed rule is

expected to constitute a barrier to

international trade. These analyses,

available in the docket, are summarized

below.

Costs

The total cost of compliance of the

proposed rule is estimated to be $275

million (or $199 million, discounted at

7 percent), over the next 10 years, in

1994 dollars.

The FAA examined each section of

part 121 to determine the potential costs

of compliance for existing part 135

commuter operators with airplanes of 10

or more passenger seats. First, all of the

sections in part 121 were divided into

five areas: (1) Operations, (2) Cabin

safety, (3) Certification, (4)

Maintenance, and (5) Part 119. Next,

multidisciplinary teams of FAA

personnel evaluated each of the five

areas to determine which sections

would impose additional costs and

which would not. The following

represents the results of that evaluation.

A. Sections without cost impacts.

Those part 121 sections that the FAA

has determined would not impose

additional costs on part 135 commuter

operators are not described in this

summary evaluation. Each of those part

121 sections would not impose costs for

one of the following reasons: (1) Current

practice is identical or very similar to

the new requirement; (2) the new

requirement represents minor

procedural changes; (3) the section

determines general applicability and

does not specifically impose any costs;

or (4) certain requirements of part 135

would be incorporated into part 121

without change. Those part 121 sections

without costs are described in the full

evaluation under each of the areas for

which they apply. While not shown in

this summary evaluation, it is important

to note that 10 of the sections in the

proposed rule were identified as having

negligible costs. These negligible costs,

even when combined, would not be

significant.

B. Sections with potential cost

impacts. The proposed rule would

impose costs on part 135 operators with

10-to-30-seat airplanes. The FAA

estimates the total cost of the proposed

rule would be $275 million over the

next 10 years, with a present value of

$199 million. The potential costs are as

follows:

Area 10–19 seats 20–30 seats Total cost Present

value

Operations ........................................................................................................................ $141.8 $58.5 $200.3 $141.2

Maintenance ..................................................................................................................... 0.1 0.0 0.1 0.1

Cabin Safety ..................................................................................................................... 11.7 8.8 20.5 15.2

Part 119 ............................................................................................................................ 1.6 0.4 2.0 1.7

Certification ....................................................................................................................... 51.4 0.7 52.1 41.0

Total ....................................................................................................................... 206.6 68.4 275.0 199.2

Based on the $207 million figure

shown above, the FAA estimates that,

on average over the next 10 years, the

price of a one-way airline ticket would

increase by 1.7 percent or by $1.91

(from $110 to $112) for affected

operators with 10-to-19-seat airplanes.

Similarly, based on the $68 million

figure, the ticket price would increase

by 0.6 percent or by $0.68 (from $110

to $111) for affected operators with 20-

to-30-seat airplanes.

In addition to the information shown

in the table above, it is important to note

that the undiscounted cost per airplane

in each of the first four years of the

proposed rule, by seat category, sheds

light on the initial compliance costs

incurred by the impacted operators.

Costs are highest during the first year

(1996) and drop each year thereafter. In

1996, affected operators with 10-to-19-

seat and 20-to-30-seat airplanes would

incur per airplane costs of $50,000 and

$26,000, respectively. Similarly, in

1997, there would be costs of $23,000

and $16,000, respectively. In 1998, there

would be costs of $23,000 and $15,000,

respectively. And in 1999, there would

be costs of $24,000 and $14,000,

respectively.

1. Operations. Section 121.135—

Contents of manual. This section would

require the affected operators to have

more extensive operations manuals than

are currently required under part 135.

Part 121 requires more detailed

instructions to flight and ground

personnel, including dispatch

procedures, airport information, and

approach procedures. The manuals of

part 121 operators are, on average, about

three times as voluminous as those of

part 135 operators. Thus, compliance

with this effort would result in major

rewriting of manuals. Based on cost

information received from industry, the

FAA estimates that, on average, each

commuter operator that would come

into part 121 would spend about

$50,000 for new manuals. This cost

estimate multiplied times the number of

operators expected to be in existence

over the next 10 years amounts to an

estimated $3.9 million ($3.5 million,

discounted).

Section 121.337—Protective breathing

equipment (PBE) for the Cockpit. This

section requires PBE units for cockpit

crewmembers operating transport

category airplanes. Part 135 has no such

requirement. This evaluation assumes

that three PBE units (one for each pilot

station and another for fighting fires)

would be installed in existing and

future impacted airplanes with 10 to 19

seats. There is very little information

available related to the number of PBE

units on these types of airplanes. As a

result of this uncertainty, the FAA

solicits comments from the public and

the aviation community on the number

of part 135 airplanes, with 10 to 19

passenger seats, that are equipped with

PBEs in the cockpit and whether the

units are fixed or portable. Based on

information received from FAA

technical personnel, affected airplanes

with 20–30 passenger seats already have

fixed PBE at each of the two pilot

stations in the cockpit. Therefore, only

one additional portable PBE would be

needed for fighting fires in the cockpit

of such airplanes.

Since portable PBEs are much cheaper

(and more practical in many situations)

than fixed PBEs, commuters are
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16267

assumed to acquire and install portable

PBEs in the cockpit, especially those

impacted airplanes with 10 to 19

passenger seats. In addition to PBE, this

evaluation includes costs for weight

penalty (5 pounds per unit) and PBE

training for new pilots. The estimated

cost of each PBE unit ($400), combined

with the other cost components,

multiplied times the number of

airplanes in existence over the next 10

years results in $4.3 million ($3.7

million, discounted).

Section 121.357—Airborne weather

radar. This section would require the

affected operators to equip their

airplanes with approved weather radar.

Currently, § 135.173 requires that

operators equip their airplanes with

either thunderstorm detection

equipment or approved weather radar.

However, section 135.175 requires

operators with 20–30 passenger seats to

equip their airplanes with weather

radar. Based on information received

from industry, an estimated 90 percent

of all commuter airplanes with 10 to 19

passenger seats are assumed to already

have approved weather radar

equipment. Therefore, the FAA assumes

that this section would only impact an

estimated 10 percent of those operators

with 10-to-19-seat airplanes in 1996 and

subsequent years.

This evaluation assumes an average

cost of $30,000 per radar unit and a

weight penalty of about 25 pounds per

airplane. The sum of these cost

components multiplied times the

number of commuter airplanes expected

to be in existence over the next 10 years

amounts to an estimated cost of $3

million ($2.7 million, discounted).

Section 121.471—Flight time

limitations and rest requirements (All

flight crewmembers). This section

would require affected operators to

comply with part 121 flight time

limitations and rest requirements for all

flight crew members. Under this

proposal, current flight time limitations

and rest requirements for commuters

would change as follows: from 1,200 to

1000 hours per calendar year, from 120

to 100 hours per calendar month, and

from 34 to 30 hours in any seven

consecutive days. Although this section

pertains mainly to pilots, operators are

assumed to apply the same procedures

for the respective number of flight

attendants. Under a recently published

rule on flight and duty time for flight

attendants, the FAA gave operators an

option to adjust the rest and duty

requirements of flight attendants based

on those for pilots. This evaluation also

assumes that they would adopt that

option since it is cheaper to do so for

some current part 121 operators.

According to industry representatives,

most affected operators are already

using rest and duty flight limitations

that would be required by this section.

On average, pilots of affected operators

fly fewer evaluation assumes that 75

percent of affected operators already

meet this requirement and that the other

operators would have to increase their

flight crews by 20 percent. The FAA

estimates that an average of 559

additional pilots and flight attendants

would be hired and retained between

1996 and 2005. This evaluation also

estimates a weighted average annual

salary for these entry level new hires to

be $19,200 (including fringe benefits).

Based on these cost components, the

potential cost of compliance would be

an estimated $107 million ($75 million,

discounted).

Sections 121.593–595: Dispatching

authority for domestic and flag air

carriers; 121.107: Dispatch centers;

121.533–535: Responsibility for

operational control; 121.683:

Crewmember and dispatcher record;

121.687: Dispatch release; and other

sections that assign specific duties to

dispatchers. These sections would

require dispatchers and dispatch centers

to authorize flights for affected operators

with 10 to 30 passenger seats.

Dispatchers are not required under part

135. The evaluation assumes that

operators currently certificated only

under part 135 do not employ fully

qualified dispatchers; it further assumes

that operators certificated under both

parts 121 and 135 employ about one

half as many qualified dispatchers as

they would need to dispatch all of their

flights. According to the Airline

Dispatcher Federation, virtually all part

135 operators already have facilities and

communications equipment that satisfy

the dispatch requirements under part

121. Accordingly, the FAA has not

included estimates of additional costs

attributable to facilities and equipment.

The FAA estimates that the dispatcher

requirement would cost an estimated

$83 million ($57 million, discounted)

over the next 10 years. Operators of 10-

to-19-seat airplanes would bear

approximately $58 million of the costs

($40 million, discounted).

2. Cabin Safety. Sections 121.133,

121.135, and 121.137—Flight attendant

manual. These sections would require

all flight attendants to have an

operations manual. There is no such

requirement for flight attendants

working for part 135 operators. This

requirement would necessitate

preparing such manuals for each 20–30

seat airplane (airplanes with 10 to 19

passenger seats are assumed not to have

flight attendants). The costs would

involve the preparation of the manual

contents by a flight attendant supervisor

and a paperwork and layout specialist

and the copying and binding of the

finished manual. FAA analysis projects

352 airplanes operated by 21 air carriers

in 1996 and 580 airplanes operated by

36 air carriers in 2005. Each airplane

has one flight attendant, so the number

of manuals is estimated to equal the

projected number of airplanes. The 10-

year cost for the preparation, copying,

and binding of these manuals would be

$394,100 ($330,900, discounted).

Sections 121.285 and 121.589—CarryOn baggage. These sections would

require those part 135 commuter

operators coming into part 121 to

develop a program to visually screen

and stow carry-on baggage. Part 121

requires that a crewmember verify that

all baggage is properly secured before all

doors are closed and the airplane leaves

the gate. The cost of this requirement

would involve the preparation of an

addendum to the Operations

Specifications in which each carrier

would outline procedures for screening

baggage. Each carrier would bear the

cost of developing the addendum for the

airplanes in their fleet. The number of

air carriers is projected to rise from 69

in 1996 to 77 in 2005. For each air

carrier, developing the addendum

would involve two people, a flight

attendant supervisor for 20–30 seat

airplanes and a crewmember supervisor

for 10-to-19-seat airplanes (both paid at

$24.00/hr) and a clerical person to do

the paperwork (an average of 8 hours

each). The 10-year cost for operators of

10-to-30-seat airplanes is estimated to be

$161,100 ($147,900, discounted).

Section 121.291—Ditching

demonstration. This section would

require air carriers to conduct a ditching

evacuation demonstration for new

airplanes prior to normal operations.

The one-time demonstration only

applies when an operator introduces a

new airplane make and model currently

not in its fleet. This requirement would

not apply to the current fleet. Because

there are no data available on the extent

to which operators would acquire new

makes and models in the future, the

FAA has made some assumptions. The

analysis assumes that only 25 percent of

all 10-to-30-seat airplanes conduct

extended overwater flights. Hence, the

evaluation probably overstates the

number of ditching demonstrations

needed. As a result of this uncertainty,

the FAA solicits comments from the

aviation community on the number of

new airplane makes and models that air

carriers plan to acquire between 1996

and 2005.
16268 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

The evaluation assumes that over 10

years, 89 tests would be conducted, at

an average cost of $400 per test. The

cost elements of the demonstration

include crewmember compensation

(based on 5 hours) and repacking the

life rafts (8 hours of labor by

maintenance personnel). Air carriers

only compensate crewmembers for

emergency training at 3.5 hours paid out

of 8 hours of training, as it is not

considered flight time. The wage rates

for the training hours were multiplied

times 0.4375. Based on crew

compositions, two pilots would need to

be compensated for 10-to-19-seat

airplanes, and two pilots and a flight

attendant would need to be

compensated for 20-to-30-seat airplanes.

The FAA estimates that the 10-year cost

for part 135 operators to conduct

ditching evacuation demonstrations for

new 10-to-30-seat airplanes would be

$35,600 ($25,300, discounted).

Section 121.309—Medical kits. This

section would require one medical kit

per airplane for affected operators

moving into part 121. The costs of

providing medical kits include

acquisition ($200 each) with a 25

percent spares ratio, replacement (5

percent per year), maintenance ($20 per

year), a weight penalty (7 pounds per

unit), physician consultation expenses

($500 per consultation twice a year per

air carrier to obtain certain contents,

such as prescription drugs, for the

medical kits), and record keeping (1

hour per instance a kit is used).

Acquisition, replacement, and

maintenance costs are a function of the

number of airplanes, while physician

costs are incurred by individual

operators. The FAA estimates that the

10-year cost for providing medical kits

on the 20–30 seat airplanes now

operating under part 135 would be

$783,900 ($552,800, discounted).

Section 121.309—First aid kit. This

section would require airplanes to have

at least one first aid kit. Currently, part

135 requires all airplanes with greater

than 19 seats to have one kit. This

section would require a first aid kit on

all 10-to-19-seat airplanes. The costs are

composed of acquisition ($70 per kit)

with a 25 percent spares ratio, a 5

percent replacement rate, and annual

maintenance ($7 per kit). Costs are a

function of the 10-to-19-seat airplane

count, which is projected to be 822 in

1996 and 730 in 2005. The 10-year cost

of this requirement would be $157,400

($126,100, discounted).

Section 121.309—Halon fire

extinguishers or equivalent. This section

would require all affected airplanes to

replace existing fire extinguishers (two

per 10-to-30-seat airplane—one in the

cabin and one in the cockpit) with halon

fire extinguishers or the equivalent. This

evaluation assumes that no part 135

airplanes are currently equipped with

halon fire extinguishers. It also assumes

that, since part 135 airplanes were

already equipped with fire

extinguishers, there would be no

additional maintenance costs or weight

penalties for this equipment. Based on

an industry survey, a 5-pound halon fire

extinguisher costs about $100. The cost

of this section would involve

purchasing the requisite number of

halon fire extinguishers per airplane in

1996 with a 10 percent spares ratio.

With a five percent recharge rate per

year after 1996, the FAA has estimated

that the 10-year cost of this requirement

is $413,200 ($348,300, discounted). The

highest annual cost occurs in 1996

when the 10-to-30-seat airplanes are

initially equipped.

Section 121.313—Cockpit key. This

section would require all crewmembers

to have access to a key for the cockpit

door. This requirement would apply

only to 20-to-30-seat airplanes because

airplanes with 10 to 19 seats are not

required to have locking cockpit doors.

The cost of this requirement would

involve copying one key for each

airplane. Due to the low cost of copying

a key (about $1 per key), the FAA

estimates the cost of compliance for this

requirement to be $600 ($500,

discounted). The highest annual cost

($300 discounted) would occur in 1996

when all 20-to-30-seat airplanes in the

fleet would have their keys made. Cost

estimates for subsequent years are based

on the projected annual increase in

airplanes.

Section 121.333—Portable oxygen.

This section would require airplanes

that are certificated to fly above 25,000

feet to have a portable oxygen unit for

each flight attendant. This requirement

would apply only to commuter

airplanes having more than 19 seats

because no 10-to-19-seat airplanes in

commuter operations are certificated to

fly above 25,000 feet, and none of them

have flight attendants. In 1994, 78.2

percent of 20-to-30-seat airplanes were

certificated to fly above 25,000 feet, and

this evaluation projects this percentage

into the future. This cost estimate takes

into account oxygen unit acquisition

($400 per unit) with a 25 percent spares

ratio, a 5 percent replacement rate per

year, annual maintenance ($40 per unit),

and a weight penalty (5.5 pounds per

unit; assuming one unit per airplane,

with spares kept on the ground). The

evaluation assumes that 344 oxygen

units would be purchased in 1996 and

new airplanes would be outfitted in the

future. Future year costs are based on

the projected annual increase in

airplanes. The 10-year cost to equip all

20-to-30-seat airplanes would be

$520,200 ($385,500, discounted).

Sections 121.333, 121.571, 121.573—

Passenger information. These sections

establish standards for passenger card

information under part 121. Although

the passenger card information

requirements for part 135 operators are

similar, new cards would have to be

prepared for 20-to-30-seat airplanes; 10-

to-19-seat airplanes already exceed the

part 121 standards. Industry experience

has shown that each card has a lifetime

of approximately 3 years. Assuming a

phase-in period of one year, one-third of

the cards would normally have been

replaced during that period anyway.

Hence, the two-thirds of the cards

normally not scheduled for replacement

would need to be replaced. The new

information would also need to be

included in any flight attendant manual

and in the oral briefing. Preparation

costs would involve two people, a flight

attendant supervisor and a paperwork

layout specialist. This effort would

require an average of 2 hours each to

prepare the new information card. The

FAA assumes that it would cost $1 to

print and distribute each information

card. The 10-year cost for the

preparation of these cards would be

$130,100 ($94,200, discounted).

Section 121.337—Protective breathing

equipment (PBE) for the cabin. This

section would require a PBE unit in the

passenger section of the airplane cabin.

The evaluation examines the costs of

placing one PBE on all 20-to-30-seat

airplanes currently operating under part

135. PBE units would be required in the

cabin area of 10-to-30-seat airplanes;

however, the PBE in the 10-to-19-seat

airplanes would be used by crew

members, and their costs are reflected in

the Operations section of this analysis.

Costs include acquisition of a portable

PBE unit ($400 per unit) with a 25

percent spares ratio, annual

maintenance ($40 per unit), a 5 percent

replacement rate per year, and a weight

penalty (5 pounds per unit). After initial

PBE acquisition in 1996, new PBE

acquisition costs are the sum of the

projected increase in airplanes and the

replacement quota. Ten-year costs to

supply all 20-to-30-seat airplanes are

estimated at $659,100 ($488,900,

discounted).

Section 121.339—Life rafts. This

section would require all airplanes

involved in extended overwater flight to

have an additional life raft on board.

The FAA assumes that only 25 percent

of all 10-to-30-seat airplanes conduct

extended over water flights. Costs

include raft acquisition ($5,000 per raft),
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16269

annual maintenance ($500 per year), a 5

percent replacement rate per year, and

a weight penalty (85 pounds per raft).

The 10-year cost to equip the affected

part 135 airplanes with an additional

life raft would be $4.4 million ($3.4

million, discounted).

This section would require operators

to provide a flotation cushion or life

vest for each passenger seat on all

airplanes. The FAA assumes that

operators of 10-to-19-seat airplanes

would not be able to install flotation

cushions and would therefore obtain life

vests. The FAA also assumes that

operators of 20-to-30-seat airplanes

would replace existing seat cushions

with flotation cushions. Current 10-to19-seat airplanes average 18.62 seats per

airplane and 20-to-30-seat airplanes

average 29.9 seats per airplane. This

evaluation assumes that these ratios

remain constant into the future. The

total number of cushions and life vests

per year is derived by multiplying the

number of seats per airplane times the

projected airplane count for the 10–19

seat and 20-to-30-seat airplane

categories. The cost of providing

flotation cushions and life vests

includes acquisition ($50 each) with a

25 percent spares ratio, annual

maintenance ($5 each), a 5 percent

replacement rate per year, and a weight

penalty (2 pounds for the life vests on

the 10-to-19-seat airplanes and no

weight penalty for the 20-to-30-seat

airplanes because the existing seat

cushions weigh the same as the flotation

cushions). Future year costs are based

on the projected annual increase in 10-

to-30-seat airplanes. The 10-year cost for

providing flotation cushions or life vests

on 10-to-30-seat airplanes would be $5.1

million ($3.9 million, discounted).

Section 121.391—Flight attendant at

the gate. This section would require

affected operators to have a flight

attendant or other authorized person on

the airplane during intermediate stops

while passengers are on board. The FAA

assumes that these airplanes have and

would continue to have the same

number of daily intermediate stops (3

per day) as part 121 airplanes. Flight

attendant coverage would be provided

by personnel who are already

compensated, except during airplane

delays (3 percent of flights) when those

persons are no longer available.

The FAA has determined that

individual operators could comply with

this requirement by following one of

three scenarios. Under the first scenario,

operators would require all passengers

to deplane during intermediate stops at

the gate. There may be a cost in

inconvenience to passengers who have

to deplane, which in turn may

ultimatley reduce the amount that they

are willing to pay to fly these routes.

The FAA has not attempted to quantify

this cost due to the lack of information.

Interested persons with quantifiable

data on the cost of this inconvenience

are invited to submit information to the

docket. Under the second scenario,

operators would require either a flight

attendant or pilot to remain on the

airplane. Under the third scenario,

operators would allow a trained,

authorized person to stand in for the

flight attendant or pilot when coverage

is needed due to a flight delay. The FAA

expects air carriers to choose each of the

first two options 40 percent of the time

and the third option 20 percent of the

time due to the higher costs, which

include initial training costs and the

costs of keeping such personnel on

stand-by at intermediate stops. The air

carriers would incur the cost of wage

compensation when personnel who are

not already compensated stay on board

airplanes during delays. The 10-year

cost of requiring flight attendants (or

other designated personnel) at the gate

on 10-to-30-seat airplanes is estimated

at $7.5 million ($5.2 million,

discounted).

Section 121.417—Protective breathing

equipment training. This section would

require part 135 flight attendants to be

trained in PBE usage by fighting an

actual fire. Specifically, this proposed

rule change would require all current

and future flight attendants on 20-to-30-

seat airplanes to receive one-time PBE

training fighting an actual fire during

the first year (1996). The FAA estimates

training costs (including wages,

transportation, and equipment) to be

$135.50 for each flight attendant per

session. Total instruction costs, which

include $125 per session per instructor,

were calculated by assuming 20 flight

attendants per class (900 flight

attendants in 1996). Maintenance labor

($28 per session) is needed to clean up

after training. The 10-year cost for part

135 flight attendants to receive PBE

training would be $323,500 ($250,500,

discounted).

3. Certification. Section 121.161(a)—

Airplane limitations: Type of route. This

section would require that an adequate

airport be within one hour flying time

at single engine cruising speed along all

points of the designated flight route.

There is no similar requirement in part

135. This requirement would not affect

current part 135 operators in the 48

states, but it could affect 6 of the 12 part

135 operators in Alaska. The FAA

estimates that about 150 flights would

be affected annually, with reroutings

adding about one-half hour to each

flight. Applying an hourly variable

operating cost of $500, the FAA

estimates that annual operating costs

would increase by about $37,500. Over

the 10-year period, this section would

cost an estimated $375,000 ($263,000,

discounted).

Sections 121.177—Takeoff

limitations. Section 121.177(a)(1) would

require that an airplane be able to stop

safely on the runway, as shown by the

accelerate stop distance data, at any

time during takeoff until reaching

critical-engine failure speed. While this

requirement would have minimal effect

on operators, manufacturers would be

required to calculate accelerate-stop

distances for recertification. The FAA

estimates that recertification would cost

about $5,000 per airplane type for each

of the 13 existing commuter category

type certificated airplanes, for a first

year cost of about $65,000. There would

be no ascribable costs for future type

certificate airplanes because acceleratestop distances would be demonstrated

during the normal certification process.

Over the 10-year period, this section

would cost an estimated $65,000

($61,000, discounted).

Section 121.305—Flight and

navigational equipment. Section

121.305(j) would require a third attitude

indicator. This device is not required on

part 23 certificated airplanes, although

at least one model (Beech 1900–D) has

it as standard equipment. The FAA

proposes a one-year retrofit period. The

FAA estimates that it would cost about

$50,000 for a manufacturer to design,

test, and document the results for FAA

acceptance. The FAA also estimates that

it would cost $16,000 per airplane to

retrofit this device, which would add

about 5 pounds of weight. For newly

manufactured airplanes, installation

would cost about $8,000. The annual

maintenance, inspection, and repair

costs would be about 10 percent of the

installation costs on a new airplane.

After adjusting for the number of

existing commuter category airplanes

that have this equipment, the FAA

estimates that first-year retrofitting

would cost about $12.8 million. The

annual weight penalty would be

between $9,000 and $10,000. The

annual compliance cost for newly

manufactured airplanes would be

between $160,000 and $200,000. The

annual maintenance cost would be

between $450,000 and $600,000. Total

costs over 10 years would amount to

about $19.2 million ($18.4 million,

discounted).

Section 121.308—Lavatory fire

protection. Section 121.308(a) would

require each lavatory to have a smoke

detector system connected to a warning

light in the flight deck and to a warning
16270 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

light or aural warning that can be

detected by a flight attendant in the

passenger cabin. Section 121.308(b)

would require each lavatory to have a

built-in automatic fire extinguisher in

each disposal receptacle. These

requirements are also contained in

section 25.854 for airplanes type

certificated after 1991. There are no

such requirements in part 135 or part

23. The FAA proposes to apply these

requirements to airplanes with 20 or

more seats currently operating under

part 135. The cabin warning signal

would not be applied to airplanes with

19 or fewer seats because they have no

flight attendant.

The FAA estimates that about half of

the 272 airplanes used in part 135

operations and certificated before 1991

as part 25 airplanes do not have these

fire warning and fire extinguishing

devices. However, nearly all recently

manufactured airplanes do have them.

Consequently, the FAA assumes that all

newly manufactured airplanes would

have these devices even in the absence

of a regulatory requirement. Thus, there

would be no incremental compliance

cost for newly manufactured airplanes.

The FAA estimates that it would cost

about $175 to retrofit a warning signal

that would add about 5 pounds of

weight and involve about $50 a year in

maintenance and about $15 a year for

replacement. The FAA estimates that it

would cost about $300 to retrofit

receptacle automatic fire extinguishers

that would add about 5 pounds of

weight, cost about $50 per year in

maintenance, and cost about $25 per

year for replacement. Based on these

assumptions, the retrofitting costs

would be about $23,800 for fire

detectors and about $40,800 for

receptacle fire extinguishers. The

annual weight penalty for both devices

would be about $4,000. The annual

maintenance and replacement costs

would be about $20,000. The total costs

over 10 years would be about $263,000

($206,000, discounted).

Sections 121.310 (b), (c), (d), (e), and

(h)—Cabin emergency lighting

equipment. These sections are analyzed

together because they comprise an

integrated system. Section 121.310(b)

requires interior emergency exit

markings (1) above the aisle near each

emergency exit or at another ceiling

location if the aisle height is too low

and (2) next to each emergency exit.

Section 121.310(c) requires an

emergency lighting system that is

independent of the main lighting

system’s power supply and that

illuminates each exit sign and the floor

proximity emergency escape path

marking. Section 121.310(d) requires

that these emergency lights (1) be

automatically activated in a crash

landing or whenever the airplane’s

normal electric power is interrupted and

(2) have the capability to be manually

operated from the flight deck and from

a point in the cabin readily accessible to

the flight attendant’s seat. Section

121.310(e) requires luminescent

emergency exit operating handles for

airplanes certificated after May 1, 1972,

and allows painted emergency exit

operating handles in airplanes

certificated prior to that date. Section

121.310(h) requires airplanes to have

the independently powered exterior

emergency exit lighting specified in

section 25.812 (f) and (g) to illuminate

both the area where the first step out of

the exit would be taken as well as the

area (for an overwing exit) where the

first step off the wing would be taken.

There are no parallel requirements in

part 135, although an airplane type

certificated under part 23 must have a

self-illuminating exit or an

independently electrically illuminated

sign under section 23.811(b). Commuter

category airplanes do not have these

signs, markings, the associated

independent electrical system, and

exterior lighting. The FAA proposes a 2-

year retrofit period. The emergency

lighting would meet the requirements of

section 121.310(e) for an illuminating

emergency exit handle.

The FAA estimates that this total

retrofit electrical package would cost

about $2,500 for a commuter category

airplane and would add about 20

pounds of weight. The FAA also

assumes that the annual maintenance

and replacement costs would be about

10 percent of the retrofitting cost. For

newly manufactured airplanes, the

installation cost would be about $2,000.

On this basis, the retrofitting cost would

be about $1 million per year for the first

2 years. The weight penalty cost would

be about $22,500 in the first year and

about $45,000 in each year thereafter.

The annual maintenance cost would be

between $200,000 and $250,000. Since

newly manufactured airplanes would

largely replace existing airplanes, these

weight penalty, maintenance, and

replacement costs are included in the

retrofitting costs above. The total costs

over 10 years would be about $3.6

million ($2.5 million, discounted).

Section 121.310(g)—Exterior exit

marking. Section 121.310(g) would

require each emergency exit and the

means of opening that exit from the

outside to be marked (painted) on the

outside of the airplane. The exit must be

marked by a 2 inch colored band. There

are no similar requirements in part 135

but airplanes certificated under part 23

must have a marking that is readily

identifiable under § 23.811(a). The FAA

estimates that about 90 percent of

airplanes in part 135 operation have

markings that would comply with

section 121.310(g). For the remaining 10

percent that would need marking

changes, this requirement would cost

about $100 per airplane. On this basis,

the FAA estimates that one-time

repainting costs would be about $8,000

($7,400, discounted) in 1996.

Section 121.311(g)—Shoulder

Harnesses. This section requires flight

attendant seats to have shoulder

harnesses. There is no similar

requirement in part 135. This

requirement would only affect airplanes

with 20–30 seats because airplanes with

fewer seats do not have flight

attendants. The FAA proposes to require

that harnesses be installed within one

year. The FAA believes that a retrofit

and an installation on a new airplane

would cost about the same—about $300

for the harness and about four hours for

the installation (at about $20 per hour).

The harnesses would have a 20-year life

span and would involve about $15 in

annual maintenance and inspection. On

that basis, the first year compliance cost

would be about $135,000, and the

annual compliance cost for new

airplanes would be between $15,000

and $19,000. The total costs over 10

years would be about $284,000

($228,000, discounted).

Section 121.312(b)—Passenger Seat

Cushion Fire Blocking Materials. This

section would require that passenger

seat cushions comply with the fire

protection standards in section

25.853(b). This section would require

that existing seat cushions in commuter

category airplanes be replaced by fire

resistant cushions. The proposed rule

would provide a 2-year retrofit period

plus 2 additional years if there are

demonstrated difficulties in installing

fire resistant seat cushions.

Although different compliance costs

could be incurred by different

commuter airplane models because the

seat construction differs among these

models, the FAA estimates that

retrofitting a fire blocking seat cushion

would cost approximately $20,000 per

airplane and would add a total of 38

pounds (2 pounds per seat) of weight.

Assuming that an equal number of

airplanes would be retrofitted every year

for the next 4 years, the FAA estimates

that retrofitting seats would cost about

$3.8 million in the first year and about

$3.4 million in each of the next 3 years.

The weight penalty would be about

$20,000 in the first year and increase by

$20,000 each year for 3 years until

reaching an annual total of $80,000.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16271

There would be no incremental

inspection, maintenance, or repair costs

because, in general, seat cushions are

reupholstered rather than replaced, and

the reupholstering cost would be

independent of the underlying structure

of the seat cushion.

For newly manufactured airplanes,

there would be no incremental

installation costs because it would take

the manufacturer the same amount of

time to install a seat with a fire blocked

cushion as it would to install a seat with

a non-fire blocked cushion. Thus, the

only incremental cost for fire blocking

seat cushions in newly manufactured

airplanes would be the cost difference

between fire blocked seats and non-fire

blocked seats. The FAA estimates that

this differential would be about $5,000

per airplane and add about 2 pounds of

weight per seat. Therefore, the annual

cost for newly manufactured airplanes

would be about $150,000. Since these

newly manufactured airplanes would

largely replace existing airplanes, the

weight penalty cost is included in the

retrofitting cost estimates. Over the 10-

year period, this cost would be about

$15.5 million ($12.8 million,

discounted).

The FAA, however, believes that

these unit costs for both retrofitted and

new installations would likely decrease

over time, as fire blocked seats become

the industry norm rather than an

infrequently selected option. As they

become more widely used, the large

initial engineering, development, and

testing costs would be amortized over

more seats, and the per seat production

costs would similarly decline as the

number manufactured increases.

Nevertheless, in order not to

underestimate the compliance costs, the

FAA has not incorporated any

prediction concerning potential

reductions in future fire blocked seat

costs. The FAA requests information

and comments on this assumption.

Section 121.314—Cargo and Baggage

Compartments. Sections 121.314,

25.855, 25.857, 25.858, and part 25

appendix F part III would require fire

retardant fiberglass cargo liners, smoke

detectors that signal the flight deck, and

fire extinguishing systems in Class C

and D cargo baggage compartments.

There are similar requirements for

commuter category airplanes in section

23.853(d)(3). This section would require

new production commuter category

airplane cargo compartments to meet

these part 121 and part 25 requirements

within 4 years. Over the 10-year period,

the estimated cost of compliance for

these three requirements would be $5.5

million ($3.4 million, discounted).

Section 121.314 was amended in 1989

to require fire retardant fiberglass cargo

liners in newly manufactured part 25

airplanes, but the requirement to retrofit

airplanes in part 121 operation was

limited to airplanes with cargo areas

greater than 200 cubic feet. The FAA

estimates that the initial engineering,

development, and testing costs would

be about $10,000 per type certificate.

Although there would be no

incremental labor costs for liner

installations in newly manufactured

airplanes, the FAA estimates that the

incremental materials would cost about

$10,000 and would add about 5 pounds

of weight. The FAA assumes that there

would be no incremental inspection,

maintenance, or repair costs. Based on

these assumptions, the FAA estimates

that the annual incremental cost for

newly manufactured airplanes,

beginning after 4 years, would be

between $300,000 and $350,000. The

annual weight penalty would be about

$4,000 in the first year, increasing by

$4,000 each year thereafter until the

commuter category airplane fleet is

composed solely of complying

airplanes.

With respect to fire detection systems,

the FAA estimates that the initial

engineering, development, and testing

costs would be about $20,000 per type

certificate. The FAA also estimates that

it would cost about $4,500 per newly

manufactured airplane to install this

system and that it would add about 5

pounds of weight. The FAA assumes

that inspection, maintenance, and repair

costs would be about 10 percent of the

installation cost. The annual

incremental cost for newly

manufactured airplanes, beginning after

4 years, would be about $130,000. The

weight penalty would be about $4,000

in the first year and increase by $4,000

each year thereafter until the commuter

category airplane fleet is composed

solely of complying airplanes. Similarly,

inspection, maintenance, and repair

costs would be about $13,500 in the first

year and would increase by $13,500

each year thereafter.

With respect to automatic fire

extinguishing systems, the FAA

estimates that the initial engineering,

development, and testing costs would

be about $30,000 per type certificate.

The FAA also estimates that it would

cost about $9,000 per newly

manufactured airplane to incorporate

this system and that it would add about

10 pounds of weight. The FAA assumes

that inspection, maintenance, and repair

costs would be 10 percent of the

installation cost. The annual

incremental cost for newly

manufactured airplanes would be about

$430,000. The weight penalty cost

would be about $8,000 in the first year

and would increase by $8,000 each year

thereafter until the commuter category

airplane fleet is composed solely of

complying airplanes. Similarly,

maintenance and repair costs would be

about $27,000 in the first year and

would increase by $27,000 each year

thereafter.

Section 121.342—Pitot Heat

Indication System. This section would

require a pitot heat indication system to

indicate to the flight crew whether or

not the pitot heating system is

operating. Part 23.1323 requires that a

pitot heat system for most commuter

category airplanes but there are no

requirements for a heat indication

system. The FAA proposes to require

that existing commuter category

airplanes have these heat indicating

systems within four years. The FAA

estimates that it would cost a

manufacturer about $10,000 for initial

engineering design, testing, and FAA

approval. The FAA also estimates that it

would cost about $500 to retrofit each

airplane. There would be minimal

weight penalty, inspection,

maintenance, and repair costs. Over the

10-year period, this cost would be $1.2

million ($1 million, discounted).

Section 25.703—Takeoff Warning

System. This section requires an aural

warning at the beginning of the takeoff

roll when the wing flaps, leading edge

devices, wing spoilers, speed brakes,

and longitudinal trim devices are not in

a position that would allow a safe

takeoff. There is no similar requirement

in part 23. However, commuter category

airplanes do not have leading edge

devices, wing spoilers, or speed brakes.

Further, these airplanes have

demonstrated the ability to safely

continue takeoff under abused trim

conditions. As a result, the only

additional monitoring would be for the

flap settings.

Currently, there is rulemaking on the

installation of digital flight data

recorders (DFDR) in future airplanes. As

DFDRs would monitor flap settings if

they are required in future production

airplanes, the FAA estimates that the

average cost to engineer, develop, test,

and install an aural warning would be

about $1,000 per airplane. If, however,

the DFDRs are not required, the FAA

estimates that the average cost to

engineer, develop, test, and install an

aural takeoff warning device would be

about $16,000 per airplane. The annual

inspection, maintenance, and repair

costs would amount to about 10 percent

of the installation costs. The FAA

proposes to require these aural warning

devices on new production commuter
16272 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

category airplanes produced four years

or more after the final rule effective

date. On that basis, if DFDRs are

required equipment, the FAA estimates

that the annual incremental cost for

newly manufactured airplanes,

beginning after 4 years, would be

between $30,000 and $35,000, with total

costs over the 10-year period of about

$200,000 ($120,000, discounted). The

annual maintenance cost would be

between $3,000 and $4,000, increasing

by about $3,500 every year thereafter,

and totaling $80,500 over 10 years

($45,000, discounted). If DFDRs are not

required equipment, then the annual

incremental cost for newlymanufactured airplanes, beginning after

4 years, would be between $480,000 and

$560,000, with total costs over 10 years

of about $3.0 million ($1.8 million,

discounted). The annual maintenance

cost would be between $48,000 and

$56,000, with total costs over 10 years

of about $1.1 million ($650,000,

discounted). The total compliance costs

over 10 years would equal about $4.1

million ($2.5 million, discounted).

Section 25.807(e)—Ditching

Emergency Exits. This section would

require exits that are usable while the

airplane is afloat, even if the airplane is

not certificated for ditching.

Amendment 23–46 to part 23 contains

a similar requirement but all current

commuter category airplanes were typecertificated before this amendment

became effective. However, the

overwing exits on nearly all commuter

category airplanes already qualify as

ditching exits. The provision would

require the manufacturer to demonstrate

to the FAA that the overwing exits can

qualify. The proposed rule would allow

manufacturers two years to provide this

demonstration. The FAA estimates that

such a process would cost about $5,000

for each of the 13 commuter category

type certificated airplane models. On

this basis, the compliance cost over the

first 2 years would be about $65,000

($59,000, discounted).

4. Maintenance. The FAA estimates

that the cost of compliance for

maintenance would amount to $105,000

over the next 10 years. Affected

operators would incur costs to revise

and upgrade their continuous

airworthiness maintenance programs

(CAMP). This and other cost

considerations are discussed below.

Section 121.361—Applicability. The

proposed rule would require affected

operators with airplanes of 10 or more

passenger seats to have a part 121

maintenance program. The proposed

rule would require all part 135

commuters currently operating under a

CAMP to revise and upgrade their

program. Since these operators already

have a CAMP, the only requirement of

the proposed rule would to revise and

upgrade their existing program. The

FAA estimates the potential cost of this

section is $105,000 ($98,000,

discounted).

Other cost considerations. In addition

to those maintenance cost estimates for

equipment contained in the cabin

safety, operations, and certification

areas of this evaluation, the proposed

rule may impose additional costs for

training maintenance personnel.

Compliance with the more complexed

equipment requirements of the

proposed rule may necessitate

additional training of maintenance

personnel. Despite surveying several

small operators to obtain information on

the costs of such training, the FAA

needs more data to estimate such costs.

The FAA believes that some commuters

may incur higher training costs as the

result of the proposed rule, though to

what extent is uncertain. As the result

of this uncertainty, the FAA solicits

comments from the aviation community

as to what extent the affected

commuters would incur additional costs

for training maintenance personnel.

5. Part 119. Part 119 is a proposed

new part that consolidates the

certification and operations

specifications requirements for persons

who operate under parts 121 and 135.

Most of these regulations are currently

in SFAR 38–2; therefore, moving them

to part 119 would not impose any

additional cost. However, some sections

currently under parts 121 and 135

would be moved to part 119. The costs

imposed by those sections on the

affected part 135 operators are presented

below. Over 10 years, the costs of these

provisions are estimated to be $2.2

million ($1.8 million, discounted).

Sections 119.33(c), 121.163—Proving

tests. When an operator changes the

type of operation it conducts or

purchases an airplane that is new to that

operator, that operator must go through

a proving test. A proving test consists of

a non-passenger flight in which the

operator proves it is capable of safely

conducting that type of operation or

airplane. Going from a part 135

operation to part 121 operation would

be a change in operation and be subject

to a proving test. Under the proposed

rule, there would be two costs

associated with proving tests—initial

and recurring. The initial cost would be

proving tests for the existing fleet

(existing as of 1996). The recurring costs

would be for any future operational or

airplane changes that would normally

require a proving test as required by the

existing rule.

The current regulation prescribes 50

hours of flight for a part 121 (section

121.163(b)(1)) proving test. This is the

number that part 135 operators

switching to part 121 would be subject

to. However, the current rule also allows

for deviations from the 50-hour

requirement. A sample of FAA records

on proving tests shows that, since 1991,

there has been a wide range of hours

actually flown for proving tests. This is

because the amount that the operator is

allowed to deviate from the prescribed

number of hours is based on what that

operator requests and on what the FAA

will allow. However, based on the above

sample, the FAA assumes for the

purposes of this analysis, the average

deviation would be 50 percent, or 25

hours.

The FAA estimates that 25 hours of

proving flights would cost the operator

approximately $13,400 for a 20-to-30-

seat airplane and $12,900 for a 10-to-19-

seat airplane. The difference in cost is

due to the flight attendant being on

board in the 20-to-30-seat airplanes.

These costs are based on the following

assumptions:

Airplane Operation Cost

Hours of test flight time, 25

Airplane operating cost/hr., $370

Pilot salary per hr., $47

Flight attendant per hr., $20

Management Costs

Manager salary per hr., $23

Secretary salary per hr., $10

Maintenance salary per hr., $21

Days of preparing for test, 3

If there is a proving test for each type

of airplane for each part 135 carrier

affected by the proposed rule, then there

would be approximately 98 proving

tests to bring the current fleet up to part

121 standards. The cost to the 69 part

135 operators in 1996 for the initial 98

proving tests would be approximately

$1.27 million. Of this cost,

approximately $281,000 would be

incurred by operators with 20-to-30-seat

airplanes and $992,000 by operators

with 10-to-19-seat airplanes.

The recurring costs would accrue over

the next 10 years as a result of the

affected operators having to conduct a

part 121 proving test instead of a part

135 proving test. If the prescribed

number of hours for part 135 and part

121 operators is 25 and 50 respectively,

and the average deviation is 50 percent,

then the difference in hours would be

13 [(50–25) × .5]. Also, the FAA found

from the survey of its records that, on

average, operators conduct one proving

test every four years, which equates to

approximately two tests over the 10-year

period.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16273

If the average number of operators

over the next 10 years is 75, then the

FAA will conduct approximately 15 ((75

operators × 2 tests)/10 years) proving

tests annually—12 for 10-to-19-seat

airplanes and 3 for 20-to-30-seat

airplanes. The FAA estimates that the

increased cost of a proving test per part

135 operator would be $6,040 for a 20-

to-30-seat airplane and $5,790 for a 10-

to-19-seat airplane. For all affected

operators, the proposed rule would

impose approximately $87,600 annually

in additional costs for proving tests.

Over the next 10 years, the total

recurring cost of this provision would

be $876,000 ($616,000, discounted).

Section 119.67—Directors of

maintenance/operations and chief

inspector. The proposed rule would

impose costs by expanding the

applicability of the part 121 director

requirements to include the affected

part 135 operators. This proposal would

impose costs on commuter operators

who would have to require directors of

maintenance and operations to meet the

part 121 employment experience

standards.

The proposed rule also would impose

costs by expanding the requirements

themselves, thereby potentially affecting

all part 121 operators. These costs

would occur due to the expanded

requirement that directors have both

technical and management experience.

The existing rule requires one or the

other. The part 121 standards at issue

are as follows:

—Director of Maintenance—five years

(instead of three years for part 135

operators) of maintenance experience

and one year of managerial or

supervisory experience (in part 135

this is optional);

—Director of Operations—three years

experience as a pilot in command

(same for part 135) and three years

supervisory or managerial experience

(in part 135 this is optional).

For commuter operators, these new

standards could potentially impose

increased personnel costs. Costs would

accrue to the extent that operators

would have to pay higher wages. The

FAA has not identified any existing

directors (commuter or air carrier) who

would not meet the proposed standards.

Thus, the proposed rule would not

impose any costs initially.

Costs could accrue in the future as

new directors need to be hired since

commuter operators may have to pay a

higher wage that would commensurate

with the new experience level. This

assumes that a director candidate with

two additional years of maintenance

experience or a candidate with three

additional years of managerial or

supervisory experience, for example,

would necessarily command a higher

wage than someone who did not have

the same years of experience. This

higher personnel cost also could affect

current part 121 operators who, in the

future, may be prohibited from hiring

director candidates who only have

technical or management experience.

Under the proposed rule, they would

have to hire a candidate with both, and

therefore, potentially pay a higher

salary.

The proposed rule would also require

current commuter operators to designate

a chief inspector. The requirements for

the chief inspector are that they have

one year of experience in a supervisory

position maintaining large aircraft. To

the extent that an operator does not

have anyone who meets this

qualification, and therefore, has to hire

an additional person, then the proposed

rule would impose costs.

The FAA does not know to what

extent commuter operators would have

to pay director’s wages higher than they

otherwise would or hire an additional

person for chief inspector. In regard to

those potential wages and hirings, the

FAA solicits comment from the

industry.

Section 121.159—Single-engine

airplane costs. The proposed rule would

prohibit the use of single-engine

airplanes in scheduled passenger

service under part 121. The FAA has

identified 10 single-engine airplanes

with 10 seats or more involved in

scheduled passenger operations. These

airplanes are flown by four commuter

operators, all in Alaska. As a result of

the proposed rule, these operators

would need to either sell these

airplanes, change them to all-cargo

operations, or remove seats so that there

are no more than nine passenger seats.

Since most of these planes have 10

passenger seats, the FAA believes that

the most probable outcome would be for

the operators to remove one passenger

seat from scheduled passenger service,

and thereby, operate the airplane under

part 135.

The FAA assumes that there would be

no cost to remove the seats since

typically, the tenth passenger seat on

these airplanes can also be used as a copilot seat since it is located next to the

pilot. Thus, operators could avoid the

cost of removing the seat by not

allowing passengers to sit there.

However, potential costs would accrue

from the lost revenue that operators

would incur from not being able to sell

a ticket for that tenth seat.

Costs would accrue to the extent that

the reduced capacity (due to the seat

removal) would not meet system-wide

passenger demand. The FAA used a

model that correlates the system-wide

load factor to unmet demand (which is

the basis to measure revenue loss). From

this model, the FAA calculated that an

operator would incur lost revenue of

$1,535 annually due to the loss of one

seat on these airplanes. Total cost of the

removal of passenger seats for the 10-

year period is $15,350 ($10,781,

discounted).

Benefits

The commuter segment of the U.S.

airline industry is a vital and growing

component of the nation’s air carrier

system. Commuter aircraft transport

passengers between small communities

and large hubs, and they play a vital

role in transporting passengers over

short distances, regardless of airport or

community size. In many cases they are

a community’s only convenient link to

the rest of the nation’s air transportation

system.

Over the past 15 years, the commuter

industry has grown considerably. In

1993, for example, enplanements for

commuter carriers grew by more than 10

percent, far outpacing the one percent

growth of enplanements on larger

carriers. Forecasts of commuter industry

activity give every indication that

growth in this segment of the airline

industry will continue to be robust

during the next 10 years.

Many commuter carriers operate in

partnership with major air carriers,

providing transportation to and from

hub locations that would be

unprofitable with larger aircraft. These

partnerships frequently operate within a

seamless ticketing environment, in

which the major carrier issues a ticket

that includes one or more trip segments

on a commuter. As these relationships

between major carriers and commuter

airlines continue to grow, it will become

more common for the average long

distance flyer to spend some time on a

commuter.

The combined effect of a continuing

growth in the commuter industry and

the ever growing relationship between

major carriers and their commuter

counterparts will progressively blur the

distinction between commuter and

major air carriers. In other words,

passengers will no longer readily

distinguish between one type of carrier

and another, but will view each

component as simply a part of the

nation’s air transportation system.

Therefore, it is important to establish a

common approach toward regulatory

safety. Air carrier accidents affect public

confidence in air transportation,
16274 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

perhaps more than accidents in any

other mode.

What is the public value or benefit of

air transportation? It would be nearly

impossible to calculate something that

has been so widely accepted in the

American lifestyle. One figure that

represents the very least value the

public places on traveling by air is the

annual amount the public spends on air

transportation, or in other words,

annual air carrier revenues. In 1994, the

FAA estimated that amount to be $88

billion. If public confidence wavers by

only one percent, annual total air carrier

revenues would be reduced by $880

million, which is a minimum dollar

estimate of the cost that the public

would experience in terms of being

denied a fast, safe means of

transportation. Some studies have been

done to measure the effect of change in

public confidence. In 1987, the FAA

studied the impact of acts of terrorism

on aircraft travel on North Atlantic

Routes. Correlations were calculated

between the amount of media attention

given to a specific act of terrorism and

corresponding traffic reductions. The

study concluded that there were shortterm, carrier-specific correlations

between the two. Following a well

publicized incident, ridership on the

carrier experiencing the incident would

drop as much as 50 percent for a few

months. In another instance, a major air

carrier reported that two catastrophic

accidents in 1994 resulted in a half-year

revenue loss to that carrier of $150

million. These examples relate to

carriers utilizing large aircraft, but point

out that public use of air transportation

can be affected by the prevailing level

of public confidence.

The American public demands a high

degree of safety in air travel. This is

manifested by the large amount of

media attention given to the rare

accidents that do occur, by the short

term reductions in revenues carriers

have experienced following accidents or

acts of terrorism, and by the pressure

placed on the FAA as the regulator of air

safety to further reduce accident rates.

The FAA is confident that the

proposed rule would further reduce air

carrier accidents. The rule proposes

dozens of changes in the way that

smaller air carrier airplanes are built,

maintained, and operated—all aimed at

eliminating or at the very least

minimizing the differences between

small and large airplanes and the way

they operate. Many of these changes

result in small, unmeasurable safety

improvements when examined in

isolation, but taken together result in a

measurable difference. That measurable

difference ultimately is to bring

commuter accident rates down to the

very low level of that of the major

carriers. That rate is nearing the point of

rare, random events.

What follows is a quantified analysis

of the potential benefits of the proposed

rule based on the assumption that it will

bring about further reductions in the

commuter accident rate. The analysis

finds that measurable potential benefits

substantially exceed the cost of the rule,

but the FAA believes that the larger but

nonquantifiable benefit is public

confidence in air transportation.

Potential Safety Benefits. The FAA

estimates that from 1996 to 2005, the

proposed rule has the potential to

prevent approximately 94 accidents,

providing an estimated benefit of $555

million (or $393 million, discounted).

This benefit is based on the assumption

that the proposed rule would

significantly close the accident-rate gap

between airplanes with 10 to 30 seats

now operating under part 135 and

airplanes with 31 to 60 seats now

operating under part 121. FAA is using

the smaller part 121 airplanes for

comparison because they operate more

similarly to 10-to-30-seat airplanes than

do the larger part 121 airplanes.

Typically, the FAA estimates aviation

safety benefits based on rates of specific

types of accidents that the rulemaking

would prevent in the future. However,

for this rulemaking, the FAA used a

more broad-based accident rate. This

approach was adopted because the

scope of the various components of the

proposed rule covers such a wide range

and many of those components are

interrelated. For instance, additional

safety equipment like PBEs could save

lives; but PBEs are of little use if the

flight crew is too tired to use them in

a timely and correct manner. It would

be extremely difficult to determine the

benefit of PBEs completely separate

from flight-time limitations.

To estimate the potential benefits of

the proposed rule, the FAA assembled

a database of relevant part 121 and part

135 commuter accidents between 1982

and 1993 based on National

Transportation Safety Board (NTSB)

accident reports. The FAA then divided

the annual number of accidents by the

annual number of scheduled departures

to get the annual accident rate. The FAA

took the difference in annual accident

rates for 10-to-30-seat, part 135

airplanes and 31-to-60-seat, part 121

airplanes and multiplied them by the

projected annual number of scheduled

departures for 10-to-30-seat part 135

airplanes. This gives the projected

annual number of accidents that the

proposed rule could potentially prevent.

The FAA estimates that from 1996 to

2005, the number of accidents that

potentially could be prevented is 94.

Then, multiplying the number of

potentially prevented accidents by the

average cost of a part 135 accident ($5.9

million) gives the total potential benefits

of the proposed rule, $555 million from

1996 to 2005. The present value of this

benefit is $393 million.

The extent to which the accident rate

gap could be closed by the proposed

rule is not certain. This uncertainty is

based on the following factors:

—Inherent differences in airplane

performance for airplanes with fewer

than 30 seats and airplanes with more

than 30 seats;

—Inherent differences within the 10-to30-seat range, which can include

single- and multi-engine piston and

turboprop airplanes;

—The proposed regulations would still

allow some exemptions for airplanes

with 10 to 30 seats, especially with

respect to certification;

—Not all part 121 requirements would

be applied to 10-to-30-seat airplanes

with this proposed rule (flight data

recorders, cockpit voice recorders,

and crew training for instance);

—To the extent that past FAA

rulemaking has been effective in

preventing accidents over the years,

the accident rates used in this

analysis already reflect the accidents

prevented by past rulemaking.

However, to the extent that some

recent rules may not be fully

implemented, the potential benefits of

the proposed rule will be overstated;

—There is a higher proportion of 10-to30-seat airplanes operating in Alaska,

which has a considerably higher

accident rate than the rest of the

country;

—In some instances, the proposed rule

would not prevent a potential

accident but rather mitigate it by

lessening the severity of the casualties

and airplane damage;

—The accident rates reflect the extent to

which part 135 operators are already

in compliance with the proposed rule.

To the extent that differences in part

121 and part 135 operating

procedures and airplane standards

can be reduced, so too can the

difference in their accident rates.

The extent to which the accident rate

gap closes will determine how much of

the potential $393 million in potential

benefits actually accrues. Given the

scope of the proposed rule, the FAA

anticipates a significant amount of the

accident rate gap to close.

Comparison of Costs and Benefits

The proposed rule is expected to

generate safety benefits in the amount of
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16275

$555 million ($393 million, discounted)

from 1996 to 2005. Over the same

period, the proposed rule would impose

costs of $275 million ($199 million,

discounted).

There are two important points that

should be noted about the benefits

estimate. First, the estimate has not been

adjusted to account for accidents that

would be prevented by other NPRMs

that the FAA has issued. One NPRM in

particular, the Air Carrier Training

Program, would prevent many of the

same accidents that this proposed rule

would prevent (the cost of that rule to

commuter operators would be $36

million). Second, the FAA is not certain

how effective the proposed rule would

be in completely closing the accident

rate gap between 10-to-30-seat airplanes

and 31-to-60-seat airplanes.

In spite of these uncertainties, the

FAA contends that the proposed rule

would be cost-beneficial. This

assessment is based on the fact that the

combined cost of the Air Carrier

Training Program NPRM and this

NPRM, totaling $235 million ($199 +

$36), is still less than the total potential

benefits of this NPRM. Both NPRMs

would have to be only 60 percent

effective in closing the accident rate gap

between 10-to-30-seat airplanes and 31-

to-60-seat airplanes for the benefits to

exceed the costs.

Initial Regulatory Flexibility

Determination and Analysis

The Regulatory Flexibility Act of 1980

(RFA) was enacted by Congress to

ensure that small entities are not

unnecessarily or disproportionately

burdened by Federal regulations. The

RFA requires a Regulatory Flexibility

Analysis if a proposed rule would have

‘‘a significant economic impact on a

substantial number of small entities.’’

FAA Order 2100.14A outlines FAA’s

procedures and criteria for

implementing the RFA. With respect to

the proposed rule, a ‘‘small entity’’ is a

commuter operator (with 10 to 30 seats)

that owns, but does not necessarily

operate, nine or fewer airplanes. A

‘‘significant economic impact on a small

entity’’ is defined as an annualized net

compliance cost to a small commuter

operator which is greater than or equal

to $67,000. A ‘‘substantial number of

small entities’’ is defined as a number

that is 11 or more and which is more

than one-third of the small commuter

operators subject to the proposed rule.

A. Initial regulatory flexibility

determination. The number of small

commuter operators that would be

affected by the proposed rule was based

on the average forecasted number of

operators owning 10-to-30-seat airplanes

for the 10-year period (1996 to 2005).

Using the percentage of small commuter

operators to total commuter operators in

1994, the FAA estimates that an average

of 24 of the 75 forecasted commuter

operators would be defined as small.

The FAA also calculates that these 75

operators would own 1,267 airplanes

with 10 to 30 seats, of which the 24

small commuter operators would own

108 airplanes. In addition, the FAA

estimates that 23 of the 24 small

commuter operators would own 105

airplanes with 10 to 19 seats and 2 of

the 24 small commuter operators would

own 3 airplanes with 20 to 30 seats (this

means that one operator owns both 10-

to-19-seat airplanes and 20-to-30-seat

airplanes.)

The discounted cost of the proposed

rule over the 10-year period would be

$199 million or about $28 million

annualized at 7 percent, of which 1)

those operators owning 10 to 19 seat

airplanes would account for about $150

million or $21 million annualized and

2) those operators owning 20 to 30 seat

airplanes would account for $48 million

or $7 million annualized. The 24 small

commuter operators would account for

$20 million (discounted) or $2.9 million

annualized, of which the 23 small

commuter operators owning 10-to-19-

seat airplanes would account for about

$19.9 million (discounted) or about $2.8

million annualized and the 2 small

commuter operators owning 20-to-30-

seat airplanes would account for about

$305,000 (discounted) or about $43,000

annualized. The annualized cost per

airplane would be about $27,000 for 10-

to-19-seat airplanes and would be about

$14,500 for 20-to-30-seat airplanes.

In analyzing the major sections of this

proposed rule the FAA estimates that:

operations would account for $141

million (discounted) or $20 million

annualized; maintenance would account

for $90,000 (discounted) or $13,000

annualized; cabin safety would account

for $16 million (discounted) or $2

million annualized; part 119 would

account for $2 million (discounted) or

$236,000 annualized; and certification

would account for $39 million

(discounted) or $6 million annualized.

Given the threshold annualized cost

of $67,000 for a small commuter

operator, the FAA estimates that this

proposed rule would have a significant

economic impact on any operator

owning more than two 10 to 19 seat

airplanes (2 airplanes x $27,000 per

airplane = $54,000) or any operator

owning more than four 20 to 30 seat

airplanes (4 airplanes x $14,500 per

airplane = $58,000). In forecasting the

number of airplanes that each small

operator would own, the FAA assumed

that the existing small operators would

continue to own the same number of

airplanes they currently own and the

additional forecasted number of small

operators would each own 9 airplanes

that have 10 to 19 seats (so as not to

underestimate the impact on small

entities). Fourteen small commuter

operators owning 10-to-19-seat airplanes

and one small commuter operator

owning both 10-to-19-seat and 20-to-30-

seat airplanes would each incur an

annualized cost of more than $67,000.

However, the one small commuter

operator owning 20-to-30-seat airplanes

only would not incur annualized costs

exceeding the $67,000 threshold. The

FAA has made a determination that the

proposed rule would result in a

significant economic impact on a

substantial number of small entities.

B. Initial regulatory flexibility

analysis. As the proposed rule could

have a significant economic impact on

a substantial number of small part 135

commuter operators, an initial

regulatory flexibility analysis has been

prepared. This analysis assures that

agencies have examined selected

regulatory alternatives which could

minimize the economic burdens of the

proposed rule on small entities. As

delineated in section 603(b) of the RFA,

this initial regulatory flexibility analysis

is required to identify: (1) the reasons

why the agency is considering the

action, (2) the objectives and legal basis

for the proposed rule, (3) the kind and

number of small entities to which the

proposed rule will apply, (4) the

projected reporting, recordkeeping, and

other compliance requirements of the

proposed rule, and (5) all Federal rules

which may duplicate, overlap or

conflict with the proposed rule. Section

603(c) of the RFA further requires that

each initial regulatory flexibility

analysis contain a description of any

significant alternatives to the proposed

rule which accomplish the stated

objectives of applicable statutes and

which minimize any significant

economic impact of the proposed rule

on small entities. As required by

sections 603(b) and (c), the following

analysis addresses the proposed rule as

it relates to the affected small commuter

operators.

A. Why agency action is taken. The

main reason for this proposal is that the

FAA Administrator, when prescribing

safety regulations, is required by statute

to consider ‘‘the duty of an air carrier to

provide service with the highest

possible degree of safety in the public

interest.’’ The FAA has determined that

the most appropriate way to meet this

statutory mandate is to require

scheduled passenger operations in
16276 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

airplanes with 10 or more passenger

seats and scheduled passenger

operations in turbojets to meet, where

appropriate, at least the minimum

requirements of part 121. The need for

this rulemaking is supported by a study

conducted by the National

Transportation Safety Board, testimony

from congressional hearings, and

accident statistics. More detailed

reasons for the agency action are

provided in the NPRM.

B. Objective of and legal basis for the

proposed rule. The objective of the

proposed rule is to increase safety in

scheduled passenger-carrying

operations. The proposed rule would

also clarify, update, and consolidate the

certification and operations

specifications requirements for persons

who operate airplanes for compensation

or hire. This objective is more

thoroughly discussed in the preamble to

the NPRM.

The legal basis of the proposed rule is

49 U.S.C. App. 1354(a), 1355, 1356,

1357, 1401, 1421–1431, 1472, 1485,

1502; 49 U.S.C. 106(g) (Revised Pub. L.

97–449, January 12, 1983).

C. Description of the small entities

affected by the proposed rule. The

proposal would require certain

commuter operators that now conduct

operations under part 135 to conduct

those operations under part 121. The

commuter operators that would be

affected are those conducting scheduled

passenger-carrying operations in

airplanes that have a passenger seating

configuration of 10 to 30 seats and those

conducting scheduled operations in

turbojets.

The number of small entities that

would be affected by the proposed rule

is based on the average forecasted

number of operators for the 10-year

period (1996 to 2005). Using the

percentage of small commuter operators

to total commuter operators in 1994, the

FAA projects that an average of 24 of the

75 forecasted commuter operators

would be defined as small. The FAA

also estimates that the 75 commuter

operators would own 1,267 airplanes, of

which the 24 small commuter operators

would own 108 airplanes.

D. Compliance requirements of the

proposed rule. The proposal would

require certain part 135 operators to

comply with specific part 119 and 121

standards. While all commuter

operators owning airplanes with 10 or

more passenger seats would come under

part 121, wherever compliance would

not be feasible for smaller airplanes,

part 121 would provide an exception.

These exceptions include the

requirements for low-altitude windshear

equipment, flight data recorders, and

flight attendants in airplanes with 10 to

19 passenger seats. In addition, these

operators will continue to comply with

several part 135 requirements as they

currently exist, such as the ground

proximity warning system, the traffic

alert and collision avoidance system,

and cockpit voice recorders. The

preamble to the NPRM provides a more

thorough discussion of the compliance

requirements of the proposed rule.

E. Overlap of the proposed rule with

other Federal regulations. No other

Federal rules would duplicate, overlap,

or conflict with the proposed rule.

F. Alternatives to the proposed rule.

According to the RFA, significant

alternatives may include: the

establishment of differing compliance or

reporting requirements or timetables

that take into account the resources

available to small entities; the

clarification, consolidation, or

simplification of compliance and

reporting requirements under the rule

for such small entities; the use of

performance rather than design

standards; or an exemption from

coverage of the rule, or any part thereof,

for such small entities. The FAA

considered two alternative approaches

to the proposed rule.

Alternative one—retain status quo.

This alternative would retain the status

quo by allowing part 135 operators to

continue operating under the existing

part 135 standards. As there would be

no changes in the existing requirements,

there would be no change in the

compliance costs. However, there would

also be no improvement in benefits and

the level of safety would remain the

same for the commuter operators. The

FAA rejected this approach because it

does not meet the agency’s objective of

maintaining and enhancing aviation

safety for the traveling public.

Alternative two—same as the

proposed rule except for elimination of

the proposed flight time limitations and

rest requirements and the proposed

dispatcher requirements. This

alternative would be similar to the

proposed rule except for elimination of:

(1) The proposed flight time limitations

and rest requirements for all flight

crewmembers and (2) the proposed

dispatcher requirements. This means

that part 135 commuter operators would

not need to hire additional pilots and

flight attendants to meet the proposed

flight time limitations and rest

requirements, resulting in a reduction in

proposed compliance costs over the 10-

year period of $75 million (discounted)

or $11 million annualized. Also,

additional dispatchers would not be

needed to meet the proposed dispatcher

requirements, resulting in a reduction in

proposed compliance costs over the 10-

year period of $57 million (discounted)

or $8 million annualized. Thus, this

alternative would result in a compliance

cost reduction over the 10-year period of

about $132 million (discounted) or

about $19 million annualized. By

subtracting these compliance costs from

those for the proposed rule, the FAA

estimates that this alternative would

result in compliance costs of about $66

million (discounted) or about $9 million

annualized. The annualized cost per

airplane would be about $11,100 for 10-

to-19 seat airplanes and would be about

$1,300 for 20 to 30 seat airplanes.

Given the threshold annualized cost

of $67,000 for a small commuter

operator, the FAA estimates that this

alternative would have a significant

economic impact on any operator

owning more than six 10-to-19-seat

airplanes (6 airplanes x $11,100 per

airplane = $66,600) or any operator

owning more than fifty-one 20-to-30-

seat airplanes (51 airplanes x $1,300 per

airplane = $66,300). Six small commuter

operators owning 10-to-19-seat airplanes

and one small commuter operator

owning both 10-to-19-seat and 20-to-30-

seat airplanes would each incur an

annualized cost of more than $67,000.

However, the one small commuter

operator owning 20-to-30-seat airplanes

only would not incur an annualized cost

exceeding the $67,000 threshold. This

alternative would not impact a

substantial number of small operators.

This assessment is based on the fact that

only 7 of the 24 small operators would

incur costs in excess of the threshold.

Therefore, this alternative would not

have a significant economic impact on

a substantial number of small entities.

Executive Order (E. O.) 12866 states

that in choosing among alternative

regulatory approaches, agencies should

select those approaches that maximize

net safety benefits, unless a statute

requires another regulatory approach.

To ensure that commuter airplanes are

as safe as possible, the FAA believes

that flight time rest and duty

requirements and dispatcher

requirements are necessary. With

respect to flight time limits, the FAA

believes that there is no longer a

justification for the difference between

commuter operations conducted under

part 121 and those conducted under

part 135. Both types of operators are

conducting similar types of operations

in similar environments. In some

instances the same operator is flying

operations under both parts 121 and

135. With respect to the flight dispatch

system, the FAA believes that this

system is the safest means for

maintaining operational control. It
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16277

allows for information relevant to the

flight to be accessed and passed on to

the pilot throughout the flight. In

addition, if an inflight emergency

occurs, the pilot and the dispatcher can

communicate on the safest measures to

follow. A more thorough discussion of

the reasons the FAA believes that these

requirements are necessary is provided

in the preamble. The FAA concludes

that the reduction in the estimated

compliance costs resulting from

elimination of these requirements does

not justify the expected significant

corresponding decrease in benefits.

Therefore, the FAA is rejecting this

alternative because it would not

maximize net benefits as required under

E.O. 12866.

International Trade Impact Assessment

The impact of the proposed rule on

international trade is expected to be

minimal. With regard to commuter

carrier operations, most of the nation’s

commuter airlines operate on domestic

routes, with only limited international

operations and no transoceanic routes.

These international operations consist

of a number of cross-border services

between cities in the United States and

locations near the borders of Canada

and Mexico. There are relatively few

carriers engaging in this kind of

commuter service, with only a limited

number of flights. Most of these services

are between points in the border states,

such as California, Arizona, New

Mexico, Texas, Wisconsin, Michigan,

and New York, flying to Mexican and

Canadian cities. Therefore, the primary

impact of this proposed rule is expected

to be in the domestic air carrier market,

with little impact on international trade.

Commuter airplanes are sold

worldwide, and there are some potential

international trade impacts. This

rulemaking could impact the

competitiveness of airplanes made for

the U.S. market that are later resold on

the international market. Under the

proposed rulemaking, commuter

airplanes made for the American market

would include new equipment and

upgrades necessary to meet the

expanded safety requirements. These

improvements would increase the cost

and maintenance requirements for the

airplanes and may negatively affect their

sales potential in foreign markets,

particularly to customers in developing

nations.

Many of the smaller air carriers in the

developing world fly under significantly

lower safety requirements than are

required in the United States. Customers

in those countries may not be interested

in purchasing airplanes that exceed

minimum requirements. Further, these

operators may lack the facilities,

equipment, and expertise that are

necessary to keep these more

sophisticated systems operational.

Therefore, when purchasing airplanes,

either new or second hand, they focus

on airplanes that rely on a minimum of

complex systems and equipment.

Although sales of smaller airplanes to

developing countries represent an

important component of the market, the

largest markets by far are in North

America and western Europe. In this

case, since the airplanes would have to

operate under similar standards as

before their resale, there would be no

impact. According to recent estimates,

the worldwide market for commuter

airplanes is estimated to be almost $20

billion over the next ten years, with a

projected 59 percent of those sales

occurring in North America. Sales to

Europe account for approximately 20

percent of the sales, with the remainder

spread throughout the rest of the world.

Therefore, this proposed rule would

only have a negative impact on less than

21 percent of foreign sales of U.S.-made

airplanes.

This proposed rule is also not

expected to result in an improved

market position for foreign airplane

manufacturers. Their status with regard

to market share or sales in the U.S. is

not expected to change in response to

this proposed rule.

Federalism Implications

The proposed regulations do not have

substantial direct effects on the states,

on the relationship between the 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

The information collection

requirements associated with this rule

are being submitted to the Office of

Management and Budget for approval in

accordance with 44 U.S.C. Chapter 35

under OMB No. (new), TITLE:

Commuter Operations and General

Certification and Operations

Requirements; PROPOSED USE OF

INFORMATION: The FAA will use this

information to determine if carriers are

operating in accordance with minimum

safety standards; FREQUENCY: As

required; BURDEN ESTIMATE: 1,370;

RESPONDENTS: Part 135 carriers

conducting scheduled passengercarrying operations in airplanes with

10–30 seats; FORMS: FAA Form 8400–

6 and 8070–1; AVERAGE BURDEN

HOURS PER RESPONDENT: 18; For

further information contact: IRM

Strategies Division, M–32, Office of the

Secretary of Transportation, 400

Seventh Street, SW, Washington, DC,

20590, (202) 366–4735. Comments on

the proposed information collection

requirements should be submitted to:

Office of Management and Budget,

Washington, DC, 20503, Attention: Desk

Officer for FAA. It is requested that

comments sent to OMB also be sent to

the FAA rulemaking docket for this

proposed action.

Conclusion

For the reasons set forth under the

heading ‘‘Regulatory Analysis,’’ the

FAA has determined that this proposed

regulation: (1) is a significant rule under

Executive Order 12866; and (2) is a

significant rule under Department of

Transportation Regulatory Policies and

Procedures (44 FR 11034; February 26,

1979). Also, for the reasons stated under

the headings ‘‘Trade Impact Statement’’

and ‘‘Regulatory Flexibility

Determination,’’ the FAA certifies that

the proposed rule would have a

significant economic impact on a

substantial number of small entities. A

copy of the full regulatory evaluation is

filed in the docket and may also be

obtained by contacting the person listed

under FOR FURTHER INFORMATION

CONTACT.

List of Subjects

14 CFR Part 119

Administrative practice and

procedures, Air carriers, Air taxis,

Aircraft, Aviation safety, Charter flights,

Commuter operations, Reporting and

recordingkeeping requirements.

14 CFR Part 121

Air carriers, Aircraft, Airmen,

Aviation safety, Charter flights,

Reporting and recordingkeeping

requirements.

14 CFR Part 125

Aircraft, Airmen, Aviation safety,

Reporting and recordkeeping

requirements.

14 CFR Part 127

Air carriers, Aircraft, Airmen,

Aviation safety, Reporting and

recordkeeping requirements.

14 CFR Part 135

Aircraft, Airplane, Airworthiness, Air

transportation.

VIII. The Proposed Amendment

In consideration of the foregoing, the

Federal Aviation Administration
16278 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

proposes to amend the Federal Aviation

Regulations (14 CFR parts 119, 121, 125,

127, and 135) as follows:

1. The heading of Subchapter G is

revised to read:

SUBCHAPTER G—AIR CARRIERS AND

OPERATORS FOR COMPENSATION OR

HIRE: CERTIFICATION AND OPERATIONS

2. A new part 119 is added to 14 CFR

Chapter I, Subchapter G, to read as

follows:

PART 119—CERTIFICATION: AIR

CARRIERS AND COMMERCIAL

OPERATORS

Subpart A—General

Sec.

119.1 Applicability.

119.3 Definitions.

119.5 Certification, authorizations, and

prohibitions.

119.7 Operations specifications.

119.9 Use of business names.

Subpart B—Applicability of Operating

Requirements to Different Kinds of

Operations Under Parts 121, 125, and 135 of

This Chapter

119.21 Direct air carriers and commercial

operators engaged in intrastate common

carriage with airplanes.

119.23 Operators engaged in passengercarrying operations, cargo operations, or

both with airplanes when common

carriage is not involved.

119.25 Rotorcraft operations: Direct air

carriers and commercial operators.

Subpart C—Certification, Operations

Specifications, and Certain Other

Requirements for Operations Conducted

Under Part 121 or Part 135 of this Chapter

119.31 Applicability.

119.33 General requirements.

119.35 Certificate application.

119.37 Contents of an Air Carrier Certificate

or Operating Certificate.

119.39 Issuing or denying a certificate.

119.41 Amending a certificate.

119.43 Certificate holder’s duty to maintain

operations specifications.

119.45 Use of operations specifications.

119.47 Maintaining a principal base of

operations, main operations base, and

main maintenance base; change of

address.

119.49 Contents of operations specifications.

119.51 Amending operations specifications.

119.53 Wet leasing of aircraft.

119.55 Obtaining deviation authority to

perform operations under a U.S. military

contract.

119.57 Obtaining deviation authority to

perform an emergency operation.

119.58 Emergencies requiring immediate

decision and action.

119.59 Conducting tests and inspections.

119.61 Duration of certificate and operations

specifications.

119.63 Recency of operation.

119.65 Management personnel required for

operations conducted under part 121 of

this chapter.

119.67 Management personnel:

Qualifications for operations conducted

under part 121 of this chapter.

119.69 Management personnel required for

operations conducted under part 135 of

this chapter.

119.71 Management personnel:

Qualifications for operations conducted

under part 135 of this chapter.

Authority: 49 U.S.C. 106(g), 1153, 40101,

40102, 40103, 40113, 44105, 44106, 44111,

44701–44717, 44722, 44901, 44903, 44904,

44906, 44912, 44914, 44936, 44938, 46103,

46105.

Subpart A—General

§ 119.1 Applicability.

(a) This part applies to each person

operating or intending to operate civil

aircraft—

(1) As an air carrier or commercial

operator, or both, in air commerce or

(2) When common carriage is not

involved, in operations of U.S.-

registered civil airplanes with a seating

configuration of 20 or more passengers,

or a maximum payload capacity of 6,000

pounds or more.

(b) This part prescribes—

(1) The types of air operator

certificates issued by the Federal

Aviation Administration, including air

carrier certificates and operating

certificates;

(2) The certification requirements an

operator must meet in order to obtain

and hold a certificate authorizing

operations under parts 121, 125, or 135

of this chapter and operations

specifications for each kind of operation

to be conducted and each class and size

of aircraft to be operated under part 121

or 135 of this chapter;

(3) The requirements an operator must

meet to conduct operations under part

121, 125, or 135 of this chapter and in

operating each class and size of aircraft

authorized in its operations

specifications;

(4) Requirements affecting wet leasing

of aircraft;

(5) Requirements for obtaining

deviation authority to perform

operations under a military contract and

obtaining deviation authority to perform

an emergency operation; and

(6) Requirements for management

personnel for operations conducted

under part 121 or part 135 of this

chapter.

(c) Persons subject to this part must

comply with the other requirements of

this chapter, except where those

requirements are modified by or where

additional requirements are imposed by

parts 119, 121, 125, or 135 of this

chapter.

(d) This part does not govern

operations conducted under part 129,

133, 137, or 139 of this chapter.

(e) Except for operations when

common carriage is not involved

conducted with airplanes having a

passenger-seating configuration of 20

seats or more, excluding any required

crewmember seat, or a payload capacity

of 6,000 pounds or more, this part does

not apply to—

(1) Student instruction;

(2) Nonstop sightseeing flights that

begin and end at the same airport and

are conducted within a 25 statute mile

radius of that airport, except that these

operations must comply with

§§ 121.455, 121.457, 135.249, 135.251,

135.253, 135.255, and 135.353 of this

chapter;

(3) Ferry or training flights;

(4) Aerial work operations,

including—

(i) Crop dusting, seeding, spraying,

and bird chasing;

(ii) Banner towing;

(iii) Aerial photography or survey;

(iv) Fire fighting;

(v) Helicopter operations in

construction or repair work (but it does

apply to transportation to and from the

site of operations); and

(vi) Powerline or pipeline patrol;

(5) Sightseeing flights conducted in

hot air balloons;

(6) Nonstop flights conducted within

a 25 statute mile radius of the airport of

takeoff carrying persons for the purpose

of intentional parachute jumps;

(7) Helicopter flights conducted

within a 25 statute mile radius of the

airport of takeoff if—

(i) Not more than two passengers are

carried in the helicopter in addition to

the required flightcrew;

(ii) Each flight is made under day VFR

conditions;

(iii) The helicopter used is certificated

in the standard category and complies

with the 100-hour inspection

requirements of part 91 of this chapter;

(iv) The operator notifies the FAA

Flight Standards District Office

responsible for the geographic area

concerned at least 72 hours before each

flight and furnishes any essential

information that the office requests;

(v) The number of flights does not

exceed a total of six in any calendar

year;

(vi) Each flight has been approved by

the Administrator; and

(vii) Cargo is not carried in or on the

helicopter;

(8) Operations conducted under part

133 of this chapter or 375 of this title;

(9) Emergency mail service conducted

under 49 U.S.C. 41906; or

(10) Operations conducted under the

provisions of § 91.321 of this chapter.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16279

§ 119.3 Definitions.

For the purpose of Subchapter G of

this chapter, the term—

All-cargo operation means any

operation for compensation or hire that

is other than a passenger-carrying

operation.

Certificate-holding district office

means the Flight Standards District

Office that has responsibility for

administering the certificate and is

charged with the overall inspection of

the certificate holder’s operations.

Commuter operation means any

scheduled operation conducted by any

person operating—

(1) Airplanes, other than turbojet

powered airplanes, having a maximum

passenger-seating configuration of 9

seats or less, excluding any required

crewmember seat, and a maximum

payload capacity of 7,500 pounds or less

or

(2) Rotorcraft.

Direct air carrier means a person who

provides or offers to provide air

transportation and who has control over

the operational functions performed in

providing that transportation.

Domestic operation means any

scheduled operation conducted by any

person operating any airplane described

in paragraph (1) of this definition

between the locations described in

paragraph (2) of this definition:

(1) Airplanes:

(i) Turbojet-powered airplanes;

(ii) Airplanes having a passengerseating configuration of more than 9

seats, excluding any required

crewmember seat; or

(iii) Airplanes having a payload

capacity of more than 7,500 pounds.

(2) Locations:

(i) Between any points within the 48

contiguous States of the United States or

the District of Columbia; or

(ii) Between any points entirely

within any State, territory, or possession

of the United States; or

(iii) Between any point within the 48

contiguous States of the United States or

the District of Columbia and any

specifically authorized point located

outside the 48 contiguous States of the

United States or the District of

Columbia.

Empty weight means the weight of the

airframe, engines, propellers, rotors, and

fixed equipment. Empty weight

excludes the weight of the crew and

payload, but includes the weight of all

fixed ballast, unusable fuel supply,

undrainable oil, total quantity of engine

coolant, and total quantity of hydraulic

fluid.

Flag operation means any scheduled

operation conducted by any person

operating any airplane described in

paragraph (1) of this definition between

the locations described in paragraph (2)

of this definition:

(1) Airplanes:

(i) Turbojet-powered airplanes;

(ii) Airplanes having a passengerseating configuration of more than 9

seats, excluding any required

crewmember seat; or

(iii) Airplanes having a payload

capacity of more than 7,500 pounds.

(2) Locations:

(i) Between any point within the State

of Alaska or the State of Hawaii or any

territory or possession of the United

States and any point outside the State of

Alaska or the State of Hawaii or any

territory or possession of the United

States, respectively; or

(ii) Between any point within the 48

contiguous States of the United States or

the District of Columbia and any point

outside the 48 contiguous States of the

United States or the District of

Columbia.

Justifiable aircraft equipment means

any equipment necessary for the

operation of the aircraft. It does not

include equipment or ballast

specifically installed, permanently or

otherwise, for the purpose of altering

the empty weight of an aircraft to meet

the maximum payload capacity.

Kind of operation means one of the

various operations a certificate holder is

authorized to conduct, as specified in its

operations specifications, i.e., domestic,

flag, supplemental, commuter, or ondemand operations.

Maximum payload capacity means:

(1) For an aircraft for which a

maximum zero fuel weight is prescribed

in FAA technical specifications, the

maximum zero fuel weight, less empty

weight, less all justifiable aircraft

equipment, and less the operating load

(consisting of minimum flightcrew,

foods and beverages, and supplies and

equipment related to foods and

beverages, but not including disposable

fuel or oil).

(2) For all other aircraft, the maximum

certificated takeoff weight of an aircraft,

less the empty weight, less all justifiable

aircraft equipment, and less the

operating load (consisting of minimum

fuel load, oil, and flightcrew). The

allowance for the weight of the crew,

oil, and fuel is as follows:

(i) Crew—for each crewmember

required by the Federal Aviation

Regulations—

(A) For male flight crewmembers—

180 pounds.

(B) For female flight crewmembers—

140 pounds.

(C) For male flight attendants—180

pounds.

(D) For female flight attendants—130

pounds.

(E) For flight attendants not identified

by gender—140 pounds.

(ii) Oil—350 pounds.

(iii) Fuel—the minimum weight of

fuel required by the applicable Federal

Aviation Regulations for a flight

between domestic points 174 nautical

miles apart under VFR weather

conditions that does not involve

extended overwater operations.

Maximum zero fuel weight means the

maximum permissible weight of an

aircraft with no disposable fuel or oil.

The zero fuel weight figure may be

found in either the aircraft type

certificate data sheet, the approved

Aircraft Flight Manual, or both.

Noncommon carriage means an

aircraft operation for compensation or

hire that does not involve a holding out

to others.

On-demand operation means any

operation for compensation or hire that

is one of the following:

(1) Passenger-carrying 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:

(i) Common carriage operations

conducted with airplanes, including

turbojet-powered airplanes, having a

passenger-seating configuration of 30

seats or fewer, excluding any required

crewmember seat, and a payload

capacity of 7,500 pounds or less, except

that operations using a specific airplane

that is also used in domestic or flag

operations and that is so listed in the

operations specifications as required by

§ 119.49(a)(4) for those operations are

considered supplemental operations;

(ii) Noncommon carriage operations

conducted with airplanes having a

passenger-seating configuration of less

than 20 seats, excluding any required

crewmember seat, or a payload capacity

of less than 6,000 pounds; or

(iii) Any rotorcraft operation.

(2) All-cargo operations conducted

with airplanes having a payload

capacity of 7,500 pounds or less, or with

rotorcraft.

Passenger-carrying operation means

any aircraft operation carrying any

person, unless the only persons on the

aircraft are those identified in

§ 121.583(a) or 135.85 of this chapter, as

applicable. An aircraft used in a

passenger-carrying operation may also

carry cargo or mail in addition to

passengers.

Principal base of operations means

the primary operating location of a

certificate holder as established by the

certificate holder.
16280 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

Provisional airport means an airport

approved by the Administrator for use

by a certificate holder for the purpose of

providing service to a community when

the regular airport used by the

certificate holder is not available.

Regular airport means an airport used

by a certificate holder in scheduled

operations and listed in its operations

specifications.

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 operation that is

a charter operation.

Supplemental operation means any

common carriage operation for

compensation or hire conducted with

any airplane described in paragraph (1)

of this definition that is a type of

operation described in paragraph (2) of

this definition:

(1) Airplanes:

(i) Airplanes having a passengerseating configuration of more than 30

seats, excluding any required

crewmember seat;

(ii) Airplanes having a payload

capacity of more than 7,500 pounds; or

(iii) Each airplane having a passengerseating configuration of more than 9

seats and less than 31 seats, excluding

any required crewmember seat and any

turbojet powered airplane, that is also

used in domestic or flag operations and

that is so listed in the operations

specifications as required by

§ 119.49(a)(4) for those operations.

(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 or

(ii) All-cargo operations.

Wet lease means any leasing

arrangement whereby a person agrees to

provide an entire aircraft and at least

one crewmember. A wet lease does not

include a code-sharing arrangement.

When common carriage is not

involved or operations not involving

common carriage means any of the

following:

(1) Noncommon carriage.

(2) Operations in which persons or

cargo are transported without

compensation or hire.

(3) Operations not involving the

transportation of persons or cargo.

§ 119.5 Certifications, authorizations, and

prohibitions.

(a) A person authorized by the

Administrator to conduct operations as

a direct air carrier will be issued an Air

Carrier Certificate.

(b) A person who is not authorized to

conduct direct air carrier operations, but

who is authorized by the Administrator

to conduct operations as a U.S.

commercial operator, will be issued an

Operating Certificate.

(c) A person who is not authorized to

conduct direct air carrier operations, but

who is authorized by the Administrator

to conduct operations when common

carriage is not involved as an operator

of U.S.-registered civil airplanes with a

seating configuration of 20 or more

passengers, or a maximum payload

capacity of 6,000 pounds or more, will

be issued an Operating Certificate.

(d) A person authorized to engage in

common carriage under part 121 or part

135 of this chapter, or both, shall be

issued only one certificate authorizing

such common carriage, regardless of the

kind of operation or the class or size of

aircraft to be operated.

(e) A person authorized to engage in

noncommon carriage under part 125 or

part 135 of this chapter, or both, shall

be issued only one certificate

authorizing such noncommon carriage,

regardless of the kind of operation or the

class or size of aircraft to be operated.

(f) A person conducting operations

under more than one paragraph of

§§ 119.21, 119.23, or 119.25 shall

conduct those operations in compliance

with—

(1) The requirements specified in each

paragraph of those sections for the kind

of operation conducted under that

paragraph and

(2) The appropriate authorizations,

limitations, and procedures specified in

the operations specifications for each

kind of operation.

(g) No person may operate as a direct

air carrier or as a commercial operator

without, or in violation of, an

appropriate certificate and appropriate

operations specifications. No person

may operate as a direct air carrier or as

a commercial operator in violation of

any deviation or exemption authority, if

issued to that person or that person’s

representative.

(h) A person holding an Operating

Certificate authorizing noncommon

carriage operations shall not conduct

any operations in common carriage. A

person holding an Air Carrier Certificate

or Operating Certificate authorizing

common carriage operations shall not

conduct any operations in noncommon

carriage.

(i) No person may operate as a direct

air carrier without holding appropriate

economic authority from the

Department of Transportation.

(j) A certificate holder under this part

may not operate aircraft under part 121

or part 135 of this chapter in a

geographical area unless its operations

specifications specifically authorize the

certificate holder to operate in that area.

§ 119.7 Operations specifications.

(a) Each certificate holder’s operations

specifications must contain—

(1) The authorizations, limitations,

and certain procedures under which

each kind of operation, if applicable, is

to be conducted and

(2) Certain other procedures under

which each class and size of aircraft is

to be operated.

(b) Except for operations

specifications paragraphs identifying

authorized kinds of operations,

operations specifications are not a part

of a certificate.

§ 119.9 Use of business names.

(a) A certificate holder under this part

may not operate an aircraft under part

121 or part 135 of this chapter using a

business name other than a business

name appearing in the certificate

holder’s operations specifications.

(b) Unless otherwise authorized by

the Assistant Administrator for Civil

Aviation Security, 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 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.

Subpart B—Applicability of Operating

Requirements to Different Kinds of

Operations Under Part 121, 125, and

135 of This Chapter

§ 119.21 Direct air carriers and commercial

operators engaged in intrastate common

carriage with airplanes.

(a) Each person who conducts

operations as a direct air carrier or as a

commercial operator engaged in

intrastate common carriage of persons or

property for compensation or hire in air

commerce, shall comply with the

certification and operations

specifications requirements in subpart C

of this part, and shall conducts its:

(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
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16281

conduct domestic operations between

any point located within Alaska’s

Aleutian Islands chain 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.

(2) Flag 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.

(3) Supplemental 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 determination of

safety in air commerce, the

Administrator may authorize or require

the following operations to be

conducted under paragraph (a)(1) or (2)

of this section:

(i) Passenger-carrying operations

which are conducted between points

that are also served by the certificate

holder’s domestic or flag operations.

(ii) All-cargo operations which are

conducted regularly and frequently

between the same two points.

(4) Commuter operations in

accordance with the applicable

requirements of part 135 of this chapter,

and shall be issued operations

specifications for those operations in

accordance with those requirements.

(5) On-demand operations in

accordance with the applicable

requirements of part 135 of this chapter,

and shall be issued operations

specifications for those operations in

accordance with those requirements.

(b) Persons who are subject to the

requirements of paragraph (a)(4) of this

section may conduct those operations in

accordance with the requirements of

paragraph (a)(1) or (a)(2) of this section,

provided they obtain authorization from

the Administrator.

(c) Persons who are subject to the

requirements of paragraph (a)(5) of this

section may conduct those operations in

accordance with the requirements of

paragraph (a)(3) of this section,

provided they obtain authorization from

the Administrator.

§ 119.23 Operators engaged in passengercarrying operations, cargo operations, or

both with airplanes when common carriage

is not involved.

(a) Each person who conducts

operations when common carriage is not

involved with airplanes having a

passenger-seating configuration of 20

seats or more, excluding any required

crewmember seat, or a payload capacity

of 6,000 pounds or more, shall, unless

deviation authority is issued:

(1) Comply with the certification and

operations specifications requirements

of part 125 of this chapter;

(2) Conduct its operations with those

airplanes in accordance with the

requirements of part 125 of this chapter;

and

(3) Be issued operations specifications

in accordance with those requirements.

(b) Each person who conducts

noncommon carriage operations for

compensation or hire with airplanes

having a passenger-seating configuration

of less than 20 seats, excluding any

required crewmember seat, and a

payload capacity of less than 6,000

pounds shall:

(1) Comply with the certification and

operations specifications requirements

in Subpart C of this part;

(2) Conduct those operations in

accordance with the requirements of

part 135 of this chapter, except for those

requirements applicable only to

commuter operations; and

(3) Be issued operations specifications

in accordance with those requirements.

§ 119.25 Rotorcraft operations: direct air

carriers and commercial operators.

Each person who conducts rotorcraft

operations for compensation or hire

must comply with the certification and

operations specifications requirements

of Subpart C of this part, and shall

conduct its:

(a) Commuter operations in

accordance with the applicable

requirements of part 135 of this chapter,

and shall be issued operations

specifications for those operations in

accordance with those requirements.

(b) On-demand operations in

accordance with the applicable

requirements of part 135 of this chapter,

and shall be issued operations

specifications for those operations in

accordance with those requirements.

Subpart C—Certification, Operations

Specifications, and Certain Other

Requirements for Operations

Conducted Under Part 121 or Part 135

of this Chapter

§ 119.31 Applicability.

This subpart sets out certification

requirements and prescribes the content

of operations specifications and certain

other requirements for operations

conducted under part 121 or part 135 of

this chapter.

§ 119.33 General requirements.

(a) A person may not operate as a

direct air carrier unless that person—

(1) Is a citizen of the United States;

(2) Obtains an Air Carrier Certificate;

and

(3) Obtains operations specifications

that prescribe the authorizations,

limitations, and procedures under

which each kind of operation must be

conducted.

(b) A person other than a direct air

carrier may not conduct any commercial

passenger or cargo aircraft operation for

compensation or hire under part 121 or

part 135 of this chapter unless that

person—

(1) Is a citizen of the United States;

(2) Obtains an Operating Certificate;

and

(3) Obtains operations specifications

that prescribe the authorizations,

limitations, and procedures under

which each kind of operation must be

conducted.

(c) Each applicant for a certificate

under this part shall conduct proving

tests as authorized by the Administrator

during the application process for

authority to conduct operations under

part 121 or 135 of this chapter. All

proving tests must be conducted in a

manner acceptable to the Administrator.

All proving tests must be conducted

under the appropriate operating and

maintenance requirements of part 121 or

135 of this chapter that would apply if

the applicant were fully certificated.

The Administrator will issue a letter of

authorization to each person stating the

various authorities under which the

proving tests shall be conducted.

§ 119.35 Certificate application.

(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.

(c) 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 operations base.

(d) Each application submitted under

paragraph (c) of this section must

contain a signed statement showing the

following:
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(1) For corporate applicants:

(i) The name and address of each

stockholder who owns five 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.

(e) In addition, each applicant for the

original issue of an operating certificate

must submit with the application a

signed statement showing—

(1) The financial information listed in

paragraph (h) of this section; and

(2) 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.

(f) Each applicant for, or holder of, a

certificate issued under this part, 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 (d)(1) or (d)(2) of this

section; or

(2) A change in the financial

information submitted to the

Administrator under paragraph (h) of

this section that occurs while the

application for the issue is pending

before the FAA and that would made

the applicant’s financial situation

substantially less favorable than

originally reported.

(g) Each financial statement

containing financial information

required by paragraph (h) 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.

(h) Each applicant for the original

issue of an operating certificate 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).

(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 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.

§ 119.37 Contents of an Air Carrier

Certificate or Operating Certificate.

The Air Carrier Certificate or

Operating Certificate includes—

(a) The certificate holder’s name;

(b) The location of the certificate

holder’s principal base of operations;

(c) The certificate number;

(d) The certificate’s effective date;

(e) The name or the designator of the

certificate-holding district office;

(f) Kinds of operations authorized;

and

(g) A certification that—

(1) In the case of an Air Carrier

certificate, the certificate holder meets

the appropriate requirements of this

chapter and holds any required

economic authority from the

Department of Transportation,

authorizing it to conduct common

carriage operations or

(2) In the case of an Operating

Certificate, the certificate holder—

(i) Meets the appropriate requirements

of this chapter authorizing it to conduct

intrastate common carriage operations

or

(ii) Meets the appropriate

requirements of this chapter authorizing

it to conduct noncommon carriage

operations.

§ 119.39 Issuing or denying a certificate.

(a) An applicant may be issued an Air

Carrier Certificate or Operating

Certificate if after investigation, the

Administrator finds that the applicant—

(1) Meets the applicable requirements

of this part;

(2) Holds the economic authority

applicable to the kinds of operations to

be conducted, issued by the Department

of Transportation, if required; and

(3) Is properly and adequately

equipped in accordance with the

requirements of this chapter and is able

to conduct a safe operation under

appropriate provisions of part 121 or

part 135 of this chapter and operations

specifications issued under this part.
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(b) An application for a certificate

may be denied if the Administrator

finds that—

(1) The applicant is not properly or

adequately equipped or is not able to

conduct safe operations under this

subchapter;

(2) The applicant previously held an

Air Carrier Certificate or Operating

Certificate which was revoked;

(3) The applicant intends to or fills a

key management position listed in

§ 119.65(a) or § 119.69(a), as applicable,

with an individual who exercised

control over or who held the same or a

similar position with a certificate holder

whose certificate was revoked, or is in

the process of being revoked, and that

individual materially contributed to the

circumstances causing revocation or

causing the revocation process;

(4) An individual who will have

control over or have a substantial

ownership interest in the applicant had

the same or similar control or interest in

a certificate holder whose certificate

was revoked, or is in the process of

being revoked, and that individual

materially contributed to the

circumstances causing revocation or

causing the revocation process; or

(5) In the case of an applicant for an

Operating Certificate for intrastate

common carriage that for financial

reasons the applicant is not able to

conduct a safe operation.

§ 119.41 Amending a certificate.

(a) The Administrator may amend any

certificate issued under this part if—

(1) The Administrator under section

609 of the Federal Aviation Act of 1958,

as amended (49 U.S.C. 1429), and part

13 of this chapter, determines that safety

in air commerce and the public interest

requires the amendment or

(2) The certificate holder applies for

the amendment and the certificate

holding district office determines that

safety in air commerce and the public

interest allows the amendment.

(b) When the Administrator proposes

to issue an order amending, suspending,

or revoking all or part of any certificate,

the procedure in § 13.19 of this chapter

applies.

(c) When the certificate holder applies

for an amendment of its certificate, the

following procedure applies:

(1) The certificate holder must file an

application to amend its certificate with

the certificate holding district office at

least 15 days before the date proposed

by the applicant for the amendment to

become effective, unless the

administrator approves filing within a

shorter period and

(2) The application must be submitted

to the certificate-holding district office

in the form and manner prescribed by

the Administrator.

(d) When a certificate holder seeks

reconsideration of a decision from the

certificate-holding district office

concerning amendments of a certificate,

the following procedure applies:

(1) The petition for reconsideration

must be made within 30 days after the

certificate holder receives the notice of

denial and

(2) The certificate holder must

petition for reconsideration to the

Director, Flight Standards Service.

§ 119.43 Certificate holder’s duty to

maintain operations specifications.

(a) Each certificate holder shall

maintain a complete and separate set of

its operations specifications at its

principal base of operations.

(b) Each certificate holder shall insert

pertinent excerpts of its operations

specifications, or references thereto, in

its manual and shall—

(1) Clearly identify each such excerpt

as a part of its operations specifications

and

(2) State that compliance with each

operations specifications requirement is

mandatory.

§ 119.45 Use of operations specifications.

(a) Each certificate holder shall keep

each of its employees and other persons

used in its operations informed of the

provisions of its operations

specifications that apply to that

employee’s or person’s duties and

responsibilities.

(b) Each certificate holder shall

maintain a complete and separate set of

its operations specifications. In

addition, each certificate holder shall

insert pertinent excerpts of its

operations specifications, or reference

thereto, in its manual in such a manner

that they retain their identity as

operations specifications.

§ 119.47 Maintaining a principal base of

operations, main operations base, and main

maintenance base; change of address.

(a) Each certificate holder must

maintain a principal base of operations.

Each certificate holder may also

establish a main operations base and a

main maintenance base which may be

located at either the same location as the

principal base of operations or at

separate locations.

(b) At least 30 days before it proposes

to establish or change the location of its

principal base of operations, its main

operations base, or its main

maintenance base, a certificate holder

must provide written notification to its

certificate holding district office.

§ 119.49 Contents of operations

specifications.

(a) Each certificate holder conducting

domestic, flag, or commuter operations

must obtain operations specifications

containing all of the following:

(1) The specific location of the

certificate holder’s principal base of

operations and, if different, the address

that shall serve as the primary point of

contact for correspondence between the

FAA and the certificate holder and the

name and mailing address of the

certificate holder’s agent for service.

(2) Other business names under

which the certificate holder may

operate.

(3) Reference to the economic

authority issued by the Department of

Transportation, if required.

(4) Type of aircraft, registration

markings, and serial numbers of each

aircraft authorized for use, and each

regular and alternate airport to be used

in scheduled operations, and, except for

commuter operations, each provisional

and refueling airport.

(i) Subject to the approval of the

Administrator with regard to form and

content, the certificate holder may

incorporate by reference the items listed

in paragraph (a)(4) of this section into

the certificate holder’s operations

specifications by maintaining a current

listing of those items and by referring to

the specific list in the applicable

paragraph of the operations

specifications.

(ii) The certificate holder may not

conduct any operation using any aircraft

or airport not listed.

(5) Kinds of operations authorized.

(6) Authorization and limitations for

routes and areas of operations.

(7) Airport limitations.

(8) Time limitations, or standards for

determining time limitations, for

overhauling, inspecting, and checking

airframes, engines, propellers,

appliances, and emergency equipment.

(9) Authorization for the method of

controlling weight and balance of

aircraft.

(10) Interline equipment interchange

requirements, if relevant.

(11) Aircraft wet lease information

required by § 119.53(c).

(12) Any authorized deviation and

exemption granted from any

requirement of this chapter.

(13) Any other item the Administrator

determines is necessary.

(b) Each certificate holder conducting

supplemental operations must obtain

operations specifications containing all

of the following:

(1) The specific location of the

certificate holder’s principal base of

operations, and, if different, the address
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that shall serve as the primary point of

contact for correspondence between the

FAA and the certificate holder and the

name and mailing address of the

certificate holder’s agent for service.

(2) Other business names under

which the certificate holder may

operate.

(3) Reference to the economic

authority issued by the Department of

Transportation, if required.

(4) Type of aircraft, registration

markings, and serial number of each

aircraft authorized for use.

(i) Subject to the approval of the

Administrator with regard to form and

content, the certificate holder may

incorporate by reference the items listed

in paragraph (b)(4) of this section into

the certificate holder’s operations

specifications by maintaining a current

listing of those items and by referring to

the specific list in the applicable

paragraph of the operations

specifications.

(ii) The certificate holder may not

conduct any operation using any aircraft

not listed.

(5) Kinds of operations authorized.

(6) Authorization and limitations for

routes and areas of operations.

(7) Special airport authorizations and

limitations.

(8) Time limitations, or standards for

determining time limitations, for

overhauling, inspecting, and checking

airframes, engines, propellers,

appliances, and emergency equipment.

(9) Authorization for the method of

controlling weight and balance of

aircraft.

(10) Aircraft wet lease information

required by § 119.53(c).

(11) Any authorization or requirement

to conduct supplemental operations as

provided by § 119.21(a)(3) (i) or (ii).

(12) Any authorized deviation or

exemption from any requirement of this

chapter.

(13) Any other item the Administrator

determines is necessary.

(c) Each certificate holder conducting

on-demand operations must obtain

operations specifications containing all

of the following:

(1) The specific location of the

certificate holder’s principal base of

operations, and if different, the address

that shall serve as the primary point of

contact for correspondence between the

FAA and the name and mailing address

of the certificate holder’s agent for

service.

(2) Other business names under

which the certificate holder may

operate.

(3) Reference to the economic

authority issued by the Department of

Transportation, if required.

(4) Kind and area of operations

authorized.

(5) Category and class of aircraft that

may be used in those operations.

(6) Type of aircraft, registration

markings, and serial number of each

aircraft that is subject to an

airworthiness maintenance program

required by § 135.411(a)(2) of this

chapter.

(i) Subject to the approval of the

Administrator with regard to form and

content, the certificate holder may

incorporate by reference the items listed

in paragraph (c)(6) of this section into

the certificate holder’s operations

specifications by maintaining a current

listing of those items and by referring to

the specific list in the applicable

paragraph of the operations

specifications.

(ii) The certificate holder may not

conduct any operation using any aircraft

not listed.

(7) Registration markings of each

aircraft that is to be inspected under an

approved aircraft inspection program

under § 135.419 of this chapter.

(8) Time limitations or standards for

determining time limitations, for

overhauls, inspections, and checks for

airframes, engines, propellers, rotors,

appliances, and emergency equipment

of aircraft that are subject to an

airworthiness maintenance program

required by § 135.411(a)(2) of this

chapter.

(9) Additional maintenance items

required by the Administrator under

§ 135.421 of this chapter.

(10) Aircraft wet lease information

required by § 119.53(c).

(11) Any authorized deviation or

exemption from any requirement of this

chapter.

(12) Any other item the Administrator

determines is necessary.

(d) Each certificate holder shall keep

each of its employees informed of the

provisions of its operations

specifications that apply to the

employee’s duties and responsibilities.

§ 119.51 Amending operations

specifications.

(a) The Administrator may amend any

operations specifications issued under

this part if—

(1) The Administrator, on his own

initiative, determines that safety in air

commerce and the public interest

require the amendment or

(2) The certificate holder applies for

the amendment, and the Administrator

determines that safety in air commerce

and the public interest allows the

amendment.

(b) Except as provided in paragraph

(e) of this section, when the

Administrator initiates an amendment

to a certificate holder’s operations

specifications, the following procedure

applies:

(1) The certificate-holding district

office notifies the certificate holder in

writing of the proposed amendment.

(2) The certificate-holding district

office sets a reasonable period (but not

less than seven days) within which the

certificate holder may submit written

information, views, and arguments on

the amendment.

(3) After considering all material

presented, the certificate-holding

district office notifies the certificate

holder of—

(i) The adoption of the proposed

amendment;

(ii) The partial adoption of the

proposed amendment; or

(iii) The withdrawal of the proposed

amendment.

(4) If the certificate-holding district

office issues an amendment to the

operations specifications, it becomes

effective not less than 30 days after the

certificate holder receives notice of it

unless—

(i) The certificate-holding district

office finds under paragraph (e) of this

section that there is an emergency

requiring immediate action with respect

to safety in air commerce or

(ii) The certificate holder petitions for

reconsideration of the amendment

under paragraph (d) of this section.

(c) When the certificate holder applies

for an amendment to its operations

specifications, the following procedure

applies:

(1) The certificate holder must file an

application to amend its operations

specifications—

(i) At least 90 days before the date

proposed by the applicant for the

amendment to become effective in cases

of mergers; acquisitions of airline

operational assets that require an

additional showing of safety (e.g.,

proving tests); changes in the kind of

operation as defined in § 119.3;

resumption of operations following a

suspension of operations as a result of

bankruptcy actions; or the initial

introduction of aircraft not before

proven for use in air carrier or

commercial operator operations.

(ii) At least 15 days before the date

proposed by the applicant for the

amendment to become effective in all

other cases.

(2) The application must be submitted

to the certificate-holding district office

in a form and manner prescribed by the

Administrator.

(3) After considering all material

presented, the certificate-holding
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16285

district office notifies the certificate

holder of—

(i) The adoption of the applied for

amendment;

(ii) The partial adoption of the

applied for amendment; or

(iii) The denial of the applied for

amendment. The certificate holder may

petition for reconsideration of a denial

under paragraph (d) of this section.

(4) If the certificate-holding district

office approves the amendment,

following coordination with the

certificate holder regarding its

implementation, the amendment is

effective on the date the Administrator

approves it.

(d) When a certificate holder seeks

reconsideration of a decision from the

certificate-holding district office

concerning the amendment of

operations specifications the following

procedure applies:

(1) The certificate holder must

petition for reconsideration of that

decision within 30 days of the date that

the certificate holder receives a notice of

denial of the amendment to its

operations specifications, or of the date

it receives notice of an FAA-initiated

amendment to its operations

specifications, whichever circumstance

applies.

(2) The certificate holder must

address its petition to the Director,

Flight Standards Service.

(3) A petition for reconsideration, if

filed within the 30-day period, suspends

the effectiveness of any amendment

issued by the certificate-holding district

office unless the certificate holding

district office has found, under

paragraph (e) of this section, that an

emergency exists requiring immediate

action with respect to safety in air

transportation or air commerce.

(4) If a petition for reconsideration is

not filed within 30 days, the procedures

of paragraph (c) of this section apply.

(e) If the certificate-holding district

office finds that an emergency exists

requiring immediate action with respect

to safety in air commerce or air

transportation that makes the

procedures set out in this section

impracticable or contrary to the public

interest:

(1) The certificate-holding district

office amends the operations

specifications and makes the

amendment effective on the day the

certificate holder receives notice of it.

(2) In the notice to the certificate

holder, the certificate-holding district

office articulates the reasons for its

finding that an emergency exists

requiring immediate action with respect

to safety in air transportation or air

commerce or that makes it impracticable

or contrary to the public interest to stay

the effectiveness of the amendment.

§ 119.53 Wet leasing of aircraft.

(a) Prior to conducting operations

involving a wet lease, each certificate

holder under this part authorized to

conduct common carriage operations

under this subchapter shall provide the

Administrator with a copy of the wet

lease to be executed which would lease

the aircraft to any other person engaged

in common carriage operations under

this subchapter including foreign air

carriers or to any other foreign person

engaged in common carriage wholly

outside the United States.

(b) No certificate holder under this

part may wet lease from a foreign air

carrier or any other foreign person or

any person not authorized to engage in

common carriage.

(c) Upon receiving a copy of a wet

lease, the Administrator determines

which party to the agreement has

operational control of the aircraft and

issues amendments to the operations

specifications of each party to the

agreement, as needed. The lessor must

provide the following information to be

incorporated into the operations

specifications of both parties, as needed.

(1) The names of the parties to the

agreement and the duration thereof.

(2) The nationality and registration

markings of each aircraft involved in the

agreement.

(3) The kind of operation (e.g.,

domestic, flag, supplemental,

commuter, or on-demand).

(4) The airports or areas of operation.

(5) A statement specifying the party

deemed to have operational control and

the times, airports, or areas under which

such operational control is exercised.

(d) In making the determination of

paragraph (c) of this section, the

Administrator will consider the

following:

(1) Crewmembers and training.

(2) Airworthiness and performance of

maintenance.

(3) Dispatch.

(4) Servicing the aircraft.

(5) Scheduling.

(6) Any other factor the Administrator

considers relevant.

(e) Except as provided in paragraph (f)

of this section, a certificate holder under

this part operating under part 121 or 135

of this chapter may not conduct any

operation for another certificate holder

under this part or a foreign air carrier

under part 129 of this chapter or a

foreign person engaged in common

carriage wholly outside the United

States unless it holds applicable

Department of Transportation economic

authority, if required, and is authorized

under its operations specifications to

conduct the same kinds of operations

(as defined in § 119.3). The certificate

holder conducting the substitute

operation must conduct that operation

in accordance with the same operations

authority held by the certificate holder

arranging for the substitute operation.

These substitute operations must be

conducted between airports for which

the substitute certificate holder holds

authority for scheduled operations or

within areas of operations for which the

substitute certificate holder has

authority for supplemental or ondemand operations.

(f) A certificate holder under this part

may, if authorized by the Department of

Transportation under § 380.3 of this title

and the Administrator in the case of

interstate commuter, interstate

domestic, and flag operations, or the

Administrator in the case of scheduled

intrastate common carriage operations,

conduct one or more wet-lease charter

flights for passengers who are stranded

because of the cancellation of their

scheduled flights. The wet-lease charter

flights must be conducted under the

rules of part 121 or part 135 of this

chapter applicable to supplemental or

on-demand operations.

§ 119.55 Obtaining deviation authority to

perform operations under a U.S. military

contract.

(a) The Administrator may authorize

a certificate holder that is authorized to

conduct supplemental or on-demand

operations to deviate from the

applicable requirements of this part,

part 121, or part 135 of this chapter in

order to perform operations under a U.S.

military contract.

(b) A certificate holder that has a

contract with the U.S. Department of

Defense’s Air Mobility Command (AMC)

must submit a request for deviation

authority to AMC. AMC will review the

requests, then forward the carriers’

consolidated requests, along with

AMC’s recommendations, to the FAA

for review and action.

(c) The Administrator may authorize

a deviation to perform operations under

a U.S. military contract under the

following conditions—

(1) The Department of Defense

certifies to the Administrator that the

operation is essential to the national

defense;

(2) The Department of Defense further

certifies that the certificate holder

cannot perform the operation without

deviation authority;

(3) The certificate holder will perform

the operation under a contract or

subcontract for the benefit of a U.S.

armed service; and
16286 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

(4) The Administrator finds that the

deviation is based on grounds other

than economic advantage either to the

certificate holder or to the United States.

(d) In the case where the

Administrator authorizes a deviation

under this section, the Administrator

will issue an appropriate amendment to

the certificate holder’s operations

specifications.

(e) The Administrator may, at any

time, terminate any grant of deviation

authority issued under this section.

§ 119.57 Obtaining deviation authority to

perform an emergency operation.

(a) In emergency conditions, the

Administrator may authorize deviations

if—

(1) Those conditions necessitate the

transportation of persons or supplies for

the protection of life or property, and

(2) The Administrator finds that a

deviation is necessary for the

expeditious conduct of the operations.

(b) When the Administrator

authorizes deviations for operations

under emergency conditions—

(1) The Administrator will issue an

appropriate amendment to the

certificate holder’s operations

specifications; or

(2) If the nature of the emergency does

not permit timely amendment of the

operations specifications—

(i) The Administrator may authorize

the deviation orally; and

(ii) The certificate holder shall

provide documentation describing the

nature of the emergency to the

certificate-holding district office within

24 hours after completing the operation.

§ 119.58 Emergencies requiring immediate

decision and action.

(a) In an emergency situation that

requires immediate decision and action,

the pilot in command may take any

action that he considers necessary under

the circumstances. In such a case, he

may deviate from prescribed operations

procedures and methods, weather

minimums, and this chapter to the

extent required in the interest of safety.

(b) In an emergency situation arising

during flight, that requires immediate

decision and action by an aircraft

dispatcher or appropriate management

personnel, and that is known to him, he

shall advise the pilot in command of the

emergency, shall ascertain the decision

of the pilot in command, and shall have

the decision recorded. If he cannot

communicate with the pilot, he shall

declare an emergency and take any

reasonable action necessary under the

circumstances.

(c) Whenever a pilot in command or

a dispatcher or an appropriate

management person exercises

emergency authority, he shall keep the

appropriate ATC facility, ground radio

station, and, if applicable, dispatch

centers, fully informed of the progress of

the flight. The person declaring the

emergency shall send a written report of

any deviation through the certificate

holder’s management to the

Administrator within 10 days of the

emergency action.

§ 119.59 Conducting tests and

inspections.

(a) At any time or place, the

Administrator may conduct an

inspection or test to determine whether

a certificate holder under this part is

complying with the Federal Aviation

Act of 1958, as amended, applicable

regulations, the certificate, or the

certificate holder’s operations

specifications.

(b) The certificate holder must—

(1) Make available to the

Administrator at the certificate holder’s

principal base of operations—

(i) The certificate holder’s Air Carrier

Operating Certificate or the certificate

holder’s Operating Certificate and the

certificate holder’s operations

specifications and

(ii) A current listing that will include

the location and persons responsible for

each record, document, and report

required to be kept by the certificate

holder under this title applicable to the

operation of the certificate holder.

(2) Allow the Administrator to make

any test or inspection to determine

compliance respecting any matter stated

in paragraph (a) of this section.

(c) Each employee of, or person used

by, the certificate holder who is

responsible for maintaining the

certificate holder’s records must make

those records available to the

Administrator.

(d) The Administrator may determine

a certificate holder’s continued

eligibility to hold its certificate and/or

operations specifications on any

grounds listed in paragraph (a) of this

section, or any other appropriate

grounds.

(e) Failure by any certificate holder to

make available to the Administrator

upon request, the certificate, operations

specifications, or any required record,

document, or report is grounds for

suspension of all or any part of the

certificate holder’s certificate and

operations specifications.

(f) In the case of operators conducting

intrastate common carriage operations,

these inspections and tests include

inspections and tests of financial books

and records.

§ 119.61 Duration of certificate and

operations specifications.

(a) An Air Carrier Certificate or

Operating Certificate issued under this

part is effective until—

(1) The certificate holder surrenders it

to the Administrator or

(2) The Administrator suspends,

revokes, or otherwise terminates the

certificate.

(b) Operations specifications issued

under this part, part 121, or part 135 of

this chapter are effective unless—

(1) The Administrator suspends,

revokes, or otherwise terminates the

certificate;

(2) The operations specifications are

amended as provided in § 119.49;

(3) The certificate holder does not

conduct a kind of operation for more

than thirty days and fails to follow the

procedures of § 119.63 upon resuming

that kind of operation; or

(4) The Administrator suspends or

revokes the operations specifications for

a kind of operation.

§ 119.63 Recency of operation.

(a) Except as provided in paragraph

(b) of this section, no certificate holder

may conduct a kind of operation for

which it holds authority in its

operations specifications unless within

the preceding 30 consecutive calendar

days the certificate holder conducted

such kind of operation.

(b) If a certificate holder does not

conduct a kind of operation for which

it is authorized in its operations

specifications within the preceding 30

consecutive calendar days it shall not

conduct such kind of operation unless—

(1) It advises the Administrator at

least 5 consecutive calendar days prior

to resumption of that kind of operation

and

(2) It makes itself available and

accessible during the five consecutive

calendar day period in the event that the

FAA decides to conduct a full

reexamination to determine whether the

certificate holder remains properly and

adequately equipped and able to

conduct a safe operation.

§ 119.65 Management personnel required

for operations conducted under part 121 of

this chapter.

(a) Each certificate holder must have

sufficient qualified management and

technical personnel to ensure the

highest degree of safety in its

operations. The certificate holder must

have qualified personnel serving fulltime in the following or equivalent

positions:

(1) Director of Safety.

(2) Director of Operations.

(3) Chief Pilot.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16287

(4) Director of Maintenance.

(5) Chief Inspector.

(b) The Administrator may approve

positions or numbers of positions other

than those listed in paragraph (a) of this

section for a particular operation if the

certificate holder shows that it can

perform the operation with the highest

degree of safety under the direction of

fewer or different categories of

management personnel due to—

(1) The kind of operation involved;

(2) The number and type of aircraft

used; and

(3) The area of operations.

(c) The title of the positions required

under paragraph (a) of this section or

the title and number of equivalent

positions approved under paragraph (b)

of this section shall be set forth in the

certificate holder’s operations

specifications.

(d) The individuals who serve in the

positions required or approved under

paragraph (a) or (b) of this section and

anyone in a position to exercise control

over operations conducted under the

operating certificate must—

(1) Be qualified through training,

experience, and expertise;

(2) To the extent of their

responsibilities, have a full

understanding of the following

materials with respect to the certificate

holder’s operation—

(i) Aviation safety standards and safe

operating practices;

(ii) Federal Aviation Regulations;

(iii) The certificate holder’s operations

specifications;

(iv) All appropriate maintenance and

airworthiness requirements of this

chapter (e.g., parts 1, 21, 23, 25, 43, 45,

47, 65, 91, and 121 of this chapter); and

(v) The manual required by § 121.133

of this chapter; and

(3) Discharge their duties to meet

applicable legal requirements and to

maintain safe operations.

(e) Each certificate holder must:

(1) State in the general policy

provisions of the manual required by

§ 121.133 of this chapter, the duties,

responsibilities, and authority of

personnel required under paragraph (a)

of this section;

(2) List in the manual the names and

business addresses of the individuals

assigned to those positions; and

(3) Notify the certificate-holding

district office within 10 days of any

change in personnel or any vacancy in

any position listed.

§ 119.67 Management personnel:

Qualifications for operations conducted

under part 121 of this chapter.

(a) To serve as Director of Operations

under § 119.65(a) a person must—

(1) Hold an airline transport pilot

certificate;

(2) Have at least 3 years supervisory

or managerial experience within the last

6 years in a position that exercised

operational control over any operations

conducted with large aircraft under part

121 or part 135 of this chapter; and

(3) In the case of a person becoming

a Director of Operations—

(i) For the first time ever, have at least

3 years experience, within the past 6

years, as pilot in command of a large

aircraft operated under part 121 or part

135 of this chapter.

(ii) In the case of a person with

previous experience as a Director of

Operations, have at least 3 years

experience as pilot in command of a

large aircraft operated under part 121 or

part 135 of this chapter.

(b) To serve as Chief Pilot under

§ 119.65(a) a person must hold an

airline transport pilot certificate with

appropriate ratings for at least one of the

aircraft used in the certificate holder’s

operation and:

(1) In the case of a person becoming

a Chief Pilot for the first time ever, have

at least 3 years experience, within the

past 6 years, as pilot in command of a

large aircraft operated under part 121 or

part 135 of this chapter.

(2) In the case of a person with

previous experience as a Chief Pilot,

have at least 3 years experience, as pilot

in command of a large aircraft operated

under part 121 or part 135 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 power plant ratings;

(2) Have 1 year of experience in a

position responsible for returning

aircraft to service;

(3) Have at least 1 year of experience

in a supervisory capacity under either

paragraph (c)(4)(i) or (c)(4)(ii) of this

section maintaining the same category

and class of airplane as the certificate

holder uses; and

(4) Have 5 years experience within the

past 5 years in one or a combination of

the following—

(i) Maintaining large aircraft,

including at the time of appointment as

Director of Maintenance, experience in

maintaining the same category and class

of aircraft as the certificate holder uses

or

(ii) Repairing aircraft in a certificated

airframe repair station that is rated to

maintain aircraft in the same category

and class of aircraft as the certificate

holder uses.

(d) To serve as Chief Inspector under

§ 119.65(a) a person must—

(1) Hold a mechanic certificate with

both airframe and power plant ratings,

and have held these ratings for at least

3 years; and

(2) Have at least 3 years of

maintenance experience on different

types of large aircraft with an air carrier

or certificated repair station, 1 year of

which must have been as maintenance

inspector; and

(3) Have at least 1 year in a

supervisory capacity maintaining large

aircraft.

(e) The Manager of the Flight

Standards Division in the region of the

certificate-holding district office may

authorize a certificate holder to employ

a person who does not meet the

appropriate airman, managerial, or

supervisory experience requirements of

this section if the Manager of the Flight

Standards Regional Division finds that

the person has comparable experience.

§ 119.69 Management personnel required

for operations conducted under part 135 of

this chapter.

(a) Each certificate holder must have

sufficient qualified management and

technical personnel to ensure the safety

of its operations. Except for a certificate

holder using only 1 pilot in its

operations, the certificate holder must

have qualified personnel serving in the

following or equivalent positions:

(1) Director of Operations.

(2) Chief Pilot.

(3) Director of Maintenance.

(b) The Administrator may approve

positions or numbers of positions other

than those listed in paragraph (a) of this

section for a particular operation if the

certificate holder shows that it can

perform the operation with the highest

degree of safety under the direction of

fewer or different categories of

management personnel due to—

(1) The kind of operation involved;

(2) The number and type of aircraft

used; and

(3) The area of operations.

(c) The title of the positions required

under paragraph (a) of this section or

the title and number of equivalent

positions approved under paragraph (b)

of this section shall be set forth in the

certificate holder’s operations

specifications.

(d) The individuals who serve in the

positions required or approved under

paragraph (a) or (b) of this section and

anyone in a position to exercise control

over operations conducted under the

operating certificate must—

(1) Be qualified through training,

experience, and expertise;

(2) To the extent of their

responsibilities, have a full

understanding of the following material
16288 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

with respect to the certificate holder’s

operation—

(i) Aviation safety standards and safe

operating practices;

(ii) Federal Aviation Regulations;

(iii) The certificate holder’s operations

specifications;

(iv) All appropriate maintenance and

airworthiness requirements of this

chapter (e.g., parts 1, 21, 23, 25, 43, 45,

47, 65, 91, and 135 of this chapter); and

(v) The manual required by § 135.21

of this chapter; and

(3) Discharge their duties to meet

applicable legal requirements and to

maintain safe operations.

(e) Each certificate holder must—

(1) State in the general policy

provisions of the manual required by

§ 135.21 of this chapter, the duties,

responsibilities, and authority of

personnel required or approved under

paragraph (a) or (b), respectively, of this

section;

(2) List in the manual the names and

business addresses of the individuals

assigned to those positions; and

(3) Notify the certificate-holding

District Office within 10 days of any

change in personnel or any vacancy in

any position listed.

§ 119.71 Management personnel:

Qualifications for operations conducted

under part 135 of this chapter.

(a) To serve as Director of Operations

under § 119.69(a) for a certificate holder

conducting any operations for which the

pilot in command is required to hold an

airline transport pilot certificate a

person must hold an airline transport

pilot certificate and either:

(1) Have at least 3 years supervisory

or managerial experience within the last

6 years in a position that exercised

operational control over any operations

conducted under part 121 or part 135 of

this chapter; or

(2) In the case of a person becoming

Director of Operations—

(i) For the first time ever, have at least

3 years experience, within the past 6

years, as pilot in command of an aircraft

operated under part 121 or part 135 of

this chapter.

(ii) In the case of a person with

previous experience as a Director of

Operations, have at least 3 years

experience, as pilot in command of an

aircraft operated under part 121 or 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 with an instrument

rating and either:

(1) Have at least 3 years supervisory

or managerial experience within the last

6 years in a position that exercised

operational control over any operations

conducted under part 121 of part 135 of

this chapter or

(2) In the case of a person becoming

Director of Operations—

(i) For the first time ever, have at least

3 years experience, within the past 6

years, as pilot in command of an aircraft

operated under part 121 or part 135 of

this chapter.

(ii) In the case of a person with

previous experience as a Director of

Operations, have at least 3 years

experience as pilot in command of an

aircraft operated under part 121 or part

135 of this chapter.

(c) To serve as Chief Pilot under

§ 119.69(a) for a certificate holder

conducting any operation for which the

pilot in command is requited to hold an

airline transport pilot certificate a

person must hold an airline pilot

certificate with appropriate ratings and

be qualified to serve as pilot in

command in at least one aircraft used in

the certificate holder’s operation and:

(1) In the case of a person becoming

a Chief Pilot for the first time ever, have

at least 3 years experience, within the

past 6 years, as pilot in command of an

aircraft operated under part 121 or part

135 of this chapter.

(2) In the case of a person with

previous experience as a Chief Pilot,

have at least 3 years experience as pilot

in command of an aircraft operated

under part 121 or part 135 of this

chapter.

(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 with an instrument rating and

be qualified to serve as pilot in

command in at least one aircraft used in

the certificate holder’s operation and:

(1) In the case of a person becoming

a Chief Pilot for the first time ever, have

at least 3 years experience, within the

past 6 years, as pilot in command of an

aircraft operated under part 121 or part

135 of this chapter.

(2) In the case of a person with

previous experience as a Chief Pilot,

have at least 3 years experience as pilot

in command of an aircraft operated

under part 121 or part 135 of this

chapter.

(e) To serve as Director of

Maintenance under § 119.69(a) a person

must hold a mechanic certificate with

airframe and power plant ratings and

either:

(1) Have 3 years of experience within

the past 3 years maintaining aircraft as

a certificated mechanic, including, at

the time of appointment as Director of

Maintenance, experience in maintaining

the same category and class of aircraft

as the certificate holder uses; or

(2) Have 3 years of experience within

the past 3 years repairing aircraft in a

certificated airframe repair station,

including 1 year in the capacity of

approving aircraft for return to service.

(f) The Manager of the Flight

Standards Division in the region of the

certificate-holding district office may

authorize a certificate holder to employ

a person who does not meet the

appropriate airman, managerial, or

supervisory experience requirements of

this section if the Manager of the Flight

Standards Regional Division finds that

the person has comparable experience.

PART 121—OPERATING

REQUIREMENTS: DOMESTIC, FLAG,

AND SUPPLEMENTAL OPERATIONS

3. The authority citation for part 121

continues to read as follows:

Authority: 49 U.S.C. 106(g), 1153, 40101,

40102, 40103, 40113, 44105, 44106, 44111,

44701–44717, 44722, 44901, 44903, 44904,

44906, 44912, 44914, 44936, 44938, 46103,

46105.

4. The heading for part 121 is revised

to read as set forth above.

SFAR 38–2 [Removed]

5. Special Federal Aviation

Regulation 38–2, Certification and

Operating Requirements is removed.

6. Section 121.1 is revised to read as

follows:

§ 121.1 Applicability.

This part prescribes rules governing—

(a) The domestic, flag, and

supplemental operations of each person

who is required to hold an Air Carrier

Certificate or Operating Certificate

under part 119 of this chapter.

(b) Each person employed or used by

a certificate holder conducting

operations under this part including

maintenance, preventive maintenance,

and alteration of aircraft.

(c) Each person who applies for

provisional approval of an Advanced

Qualification Program curriculum,

curriculum segment, or portion of a

curriculum segment under SFAR No.

58, 14 CFR part 121, and each person

employed or used by an air carrier or

commercial operator under this part to

perform training, qualification, or

evaluation functions under an

Advanced Qualification Program under

SFAR No. 58.

(d) Nonstop sightseeing flights that

begin and end at the same airport, and
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16289

are conducted within a 25 statute mile

radius of that airport; however, these

operations must comply only with

§§ 121.455 and 121.457.

(e) Each person who is on board an

aircraft being operated under this part.

(f) Each person who is an applicant

for an Air Carrier Certificate or an

Operating Certificate under part 119 of

this chapter, when conducting proving

tests.

7. Section 121.2 is added to read as

follows:

§ 121.2 Compliance schedule for transition

to part 121.

(a) Applicability. This section applies

to the following:

(1) Each certificate holder that

conducts scheduled passenger-carrying

operations with airplanes having a

passenger seating configuration of 10–30

seats and each certificate holder that

conducts scheduled passenger-carrying

operations in turbojet engine powered

airplanes having a passenger seating

configuration of 30 seats or fewer that

before [Insert date 30 days after

publication date of final rule] was

issued an air carrier certificate or

operating certificate and operations

specifications under the certification

requirements of part 135 of this chapter

or under SFAR 38–2.

(2) Each person who after [Insert date

30 days after publication date of final

rule] applies for or obtains an air carrier

certificate or operating certificate or

operations specifications to conduct

operations described in paragraph (a) of

this section.

(b) Obtaining operations

specifications. Each person covered by

paragraph (a)(1) of this section shall

before [Insert date 1 year after

publication date of final rule] obtain

operations specifications to conduct its

scheduled operations under part 121 of

this chapter.

(c) Regular or accelerated compliance.

Except as provided in paragraphs (d)

and (e) of this section, each certificate

holder covered by paragraph (a) of this

section shall comply with each

applicable requirement of part 121 of

this chapter as of [Insert date 1 year after

publication date of final rule] or the date

on which the certificate holder is issued

14 CFR part 121 operations

specifications, whichever occurs first.

(d) Delayed retrofit requirements. No

certificate holder that is covered by

paragraph (a) of this section may operate

an airplane in 14 CFR part 121

operations on or after [Insert date 1 year

after publication date of the final rule]

unless that airplane meets the stated

requirements:

(1) [2 years after publication date of

final rule]:

(i) Section 121.289, Landing gear

aural warning.

(ii) Section 121.293(a), Ditching

emergency exits.

(iii) Section 121.308, Lavatory fire

protection.

(iv) Section 121.310(c),(d), (e), and

(h), Floor proximity lighting; emergency

exit handle illumination, and interior

and exterior emergency lighting,

respectively.

(v) Section 121.312(c), Passenger seat

cushion flammability.

(vi) Section 121.337(b), Protective

breathing equipment.

(vii) Section 121.340, Floatation

cushions.

(2) (4 years after publication date of

final rule): Section 121.342, pitot heat

indication system.

(e) New manufacture requirements.

No certificate holder that is covered by

paragraph (a) of this section may operate

an airplane in 14 CFR part 121

operations that is and manufactured on

or after the date stated on the certificate

unless that airplane meets the stated

requirements:

(1) (1 year after publication date of

final rule): Section 121.311(f), Safety

belts and shoulder harnesses.

(2) (4 years after publication date of

final rule):

(i) Section 121.293(b), Takeoff

warning system.

(ii) Section 121.312(a), Interior

materials flammability.

(iii) Section 121.314, Cargo and

baggage compartments.

(f) New type certification

requirements. No person may operate an

airplane for which the application for a

type certificate was filed after [Insert

date of publication of NPRM] in 14 CFR

part 121 operations unless that airplane

is type certificated under part 25 of this

chapter.

(g) Transition plan. Before [Insert date

60 days after publication date of final

rule] each certificate holder described in

paragraph (a)(1) of this section must

submit to the FAA a transition plan

(containing a calendar of events) for

moving from conducting its scheduled

operations under the commuter

requirements of part 135 of this chapter

to the requirements for domestic or flag

operations under this part. Each

transition plan must contain details on

the following:

(1) Plans for obtaining new operations

specifications authorizing domestic or

flag operations;

(2) Plans for being in compliance with

the applicable requirements of this part

on or before [Insert date 1 year after the

publication date of the final rule]; and

(3) Plans for complying with the

compliance date schedules contained in

paragraphs (d) and (e) of this section.

§§ 121.3, 121.5, 121.7, 121.9, and 121.13

[Removed]

8. Sections 121.3, 121.5, 121.7, 121.9,

and 121.13 are removed.

§ 121.4 [Amended]

9. Section 121.4 is amended by

removing ‘‘§ 121.3’’ wherever it appears

and adding in its place ‘‘part 119 of this

chapter’’.

10. Section 121.15 is revised to read

as follows:

§ 121.15 Carriage of narcotic drugs,

marihuana, and depressant or stimulant

drugs or substances.

If a certificate holder operating under

this part permits any aircraft owned or

leased by that holder to be engaged in

any operation that the certificate holder

knows to be in violation of § 91.19(a) of

this chapter, that operation is a basis for

suspending or revoking the certificate.

Subpart B—[Removed and Reserved]

11. Subpart B (Sections 121.21

through 121.29) is removed, and the

subpart heading is reserved.

Subpart C—[Removed and Reserved]

12. Subpart C (§§ 121.41 through

121.61) is removed and the subpart

heading is reserved.

Subpart D—[Removed and Reserved]

13. Subpart D (§§ 121.71 through

121.83) is removed and the subpart

heading is reserved.

14. Section 121.141 is amended by

revising the section heading, paragraph

(a), and the introductory text of

paragraph (b) to read as follows:

§ 121.141 Airplane flight manual.

(a) Each certificate holder shall keep

a current approved airplane flight

manual for each type of aircraft that it

operates except for nontransport

category airplanes certificated before

January 1, 1965.

(b) In each airplane identified in

paragraph (a) of this section, the

certificate holder shall carry either the

manual required by § 121.133, if it

contains the information required for

the applicable flight manual and this

information is clearly identified as flight

manual requirements, or an approved

Airplane Manual. If the certificate

holder elects to carry the manual

required by § 121.133, he may revise the

operating procedures sections and

modify the presentation of performance

data from the applicable flight manual

if the revised operating procedures and
16290 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

modified performance date presentation

are—

* * * * *

15. Section 121.157 is amended by

revising paragraphs (b) and (e) and by

adding a new paragraph (f) to read as

follows:

§ 121.157 Aircraft certification and

equipment requirements.

* * * * *

(b) Airplanes certificated after June

30, 1942. Except as provided in

paragraphs (c), (d), (e), and (f) of this

section, no certificate holder may

operate an airplane that was type

certificated after June 30, 1942, unless it

is certificated as a transport category

airplane and meets the requirements of

§ 121.173(a), (b), (d), and (e).

* * * * *

(e) Commuter category and

predecessor airplanes. Except as

provided in paragraphs (c) and (d) of

this section, no certificate holder may

operate a nontransport category airplane

type certificated after December 31,

1964, under this part, unless it meets

the applicable requirements of

§ 121.173(a), (b), (d), and (e) and was

type certificated in the commuter

category or meets one of the following

requirements:

(1) The airplane was type certificated

in the normal category before July 1,

1970, and meets special conditions

issued by the Administrator for

airplanes intended for use in operations

under part 135 of this chapter.

(2) The airplane was type certificated

in the normal category before July 19,

1970, and meets the additional

airworthiness standards in SFAR No.

23, 14 CFR part 23.

(3) The airplane was type certificated

in the normal category and meets the

additional airworthiness standards in

appendix A of part 135 of this chapter.

(4) The airplane was type certificated

in the normal category and complies

with either section 1.(a) or 1.(b) of SFAR

No. 41, 14 CFR part 21.

(f) Newly type certificated airplanes.

No person may operate an airplane for

which the application for a type

certificate is submitted after [Insert

publication date of NPRM] unless the

airplane is type certificated under part

25 of this chapter.

16. Section 121.159 is revised to read

as follows:

§ 121.159 Single-engine airplanes

prohibited.

No certificate holder may operate a

single-engine airplane under this part.

17. Section 121.163 is amended by

revising paragraphs (a), (b), and (c) and

the introductory text of paragraph (d) to

read as follows:

§ 121.163 Airplane proving tests.

(a) Initial airplane proving tests. No

person may operate an airplane not

before proven for use in a kind of

operation under this part unless an

airplane of that type has had, in

addition to the airplane certification

tests, at least 100 hours of proving tests

acceptable to the Administrator,

including a representative number of

flights into en route airports. The

requirement for at least 100 hours of

proving tests may be reduced by the

Administrator if the Administrator

determines that a satisfactory level of

proficiency has been demonstrated to

justify the reduction. At least 10 hours

of proving flights must be flown at

night; these tests are irreducible.

(b) Proving tests for kinds of

operations. Unless otherwise authorized

by the Administrator, for each type of

airplane, a certificate holder must

conduct at least 50 hours of proving

tests acceptable to the Administrator for

each kind of operation it intends to

conduct, including a representative

number of flights into en route airports.

(c) Proving tests for materially altered

airplanes. Unless otherwise authorized

by the Administrator, for each type of

airplane that is materially altered in

design, a certificate holder must

conduct at least 50 hours of proving

tests acceptable to the Administrator for

each kind of operation it intends to

conduct with that airplane, including a

representative number of flights into en

route airports.

(d) Definition of materially altered.

For the purposes of paragraph (c) of this

section, a type of airplane is considered

to be materially altered in design if the

alterations include—

* * * * *

18. Subpart I is amended by removing

the words ‘‘transport category’’

wherever they appear.

18A. Paragraphs (a) through (e) of

§ 121.173 are revised to read as follows:

§ 121.173 General.

(a) Except as provided in paragraph

(c) of this section, each certificate holder

operating a reciprocating-enginepowered airplane shall comply with

§§ 121.175 through 121.187.

(b) Except as provided in paragraph

(c) of this section, each certificate holder

operating a turbine-engine-powered

airplane shall comply with the

applicable provisions of §§ 121.189

through 121.197, except that when it

operates a turbo-propeller-powered

airplane type certificated after August

29, 1959, but previously type

certificated with the same number of

reciprocating engines, it may comply

with §§ 121.175 through 121.187.

(c) Each certificate holder operating a

large nontransport category airplane

type certificated before January 1, 1965,

shall comply with §§ 121.199 through

121.205 and any determination of

compliance must be based only on

approved performance data.

(d) The performance data in the

Airplane Flight Manual applies in

determining compliance with

§§ 121.175 through 121.197. Where

conditions are different from those on

which the performance data is based,

compliance is determined by

interpolation or by computing the

effects of changes in the specific

variables if the results of the

interpolation or computations are

substantially as accurate as the results of

direct tests.

(e) Except as provided in paragraph

(c) of this section, no person may take

off a reciprocating engine powered

airplane at a weight that is more than

the allowable weight for the runway

being used (determined under the

runway takeoff limitations of the

transport category operating rules of 14

CFR part 121, subpart I) after taking into

account the temperature operating

correction factors in the applicable

Airplane Flight Manual.

* * * * *

19. Section 121.175 is amended by

revising the section heading and adding

a new paragraph (f) to read as follows:

§ 121.175 Airplanes: Reciprocating engine

powered: Weight limitations.

* * * * *

(f) This section does not apply to large

nontransport category airplanes

operated under § 121.173(c).

20. Section 121.177 is amended by

revising the section heading and adding

a new paragraph (c) to read as follows:

§ 121.177 Airplanes: Reciprocating engine

powered: Takeoff limitations.

* * * * *

(c) This section does not apply to

large nontransport category airplanes

operated under § 121.173(c).

21. Section 121.179 is amended by

revising the section heading and adding

a new paragraph (c) to read as follows:

§ 121.179 Airplanes: Reciprocating engine

powered: En route limitations: all engines

operating.

* * * * *

(c) This section does not apply to

large nontransport category airplanes

operated under § 121.173(c).

22. Section 121.181 is amended by

revising the section heading and adding

a new paragraph (d) to read as follows:
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16291

§ 121.181 Airplanes: Reciprocating engine

powered: En route limitations: One engine

inoperative.

* * * * *

(d) This section does not apply to

large nontransport category airplanes

operated under § 121.173(c).

23. Section 121.185 is amended by

revising the section heading and adding

a new paragraph (c) to read as follows:

§ 121.185 Airplanes: Reciprocating engine

powered: Landing limitations: Destination

airport.

* * * * *

(c) This section does not apply to

large nontransport category airplanes

operated under § 121.173(c).

24. Section 121.187 is amended by

revising the section heading,

designating the existing text as

paragraph (a), and by adding a new

paragraph (b) to read as follows:

§ 121.187 Airplanes: Reciprocating engine

powered: Landing limitations: Alternate

airport.

* * * * *

(b) This section does not apply to

large nontransport category airplanes

operated under § 121.173(c).

25. Section 121.211 is revised to read

as follows:

§ 121.211 Applicability.

(a) This subpart prescribes special

airworthiness requirements applicable

to certificate holders as stated in

paragraphs (b) through (e) of this

section.

(b) Except as provided in paragraph

(d) of this section, each airplane type

certificated under Aero Bulletin 7A or

part 4 of the Civil Air Regulations in

effect before November 1, 1946 must

meet the special airworthiness

requirements in §§ 121.215 through

121.283.

(c) Each certificate holder must

comply with the requirements of

§§ 121.285 through 121.291.

(d) If the Administrator determines

that, for a particular model of airplane

used in cargo service, literal compliance

with any requirement under paragraph

(b) of this section would be extremely

difficult and that compliance would not

contribute materially to the objective

sought, he may require compliance only

with those requirements that are

necessary to accomplish the basic

objectives of this part.

(e) No person may operate under this

part a nontransport category airplane

type certificated after December 31,

1964 unless the airplane meets the

special airworthiness requirements in

§ 121.293.

§ 121.213 [Removed and Reserved]

26. Section 121.213 is removed and

reserved.

27. Section 121.285 is amended by

revising paragraph (a) and by adding a

new paragraph (d) to read as follows:

§ 121.285 Carriage of cargo in passenger

cargo compartments.

(a) Except as provided in paragraph

(b), (c), or (d) or this section, no

certificate holder may carry cargo in the

passenger compartment of an airplane.

* * * * *

(d) Cargo may be carried anywhere in

the passenger compartment of a

nontransport category airplane type

certificated after December 31, 1964, in

an approved cargo rack, bin, or

compartment installed in or on the

airplane or if it is carried in accordance

with paragraphs (c)(1) through (c)(5) of

this section.

§ 121.289 [Amended]

28. Section 121.289(a) introductory

text is amended by removing the word

‘‘large.’’

29. Section 121.291 is amended by

revising the introductory text of

paragraph (b) and the introductory text

of paragraph (c) to read as follows:

§ 121.291 Demonstration of emergency

evacuation procedures.

* * * * *

(b) Each certificate holder conducting

operations with airplanes with a seating

capacity of more than 44 passengers

must conduct a partial demonstration of

emergency evacuation procedures in

accordance with paragraph (c) of this

section upon:

* * * * *

(c) In conducting the partial

demonstration required by paragraph (b)

of this section, each certificate holder

must:

* * * * *

30. A new § 121.293 is added to read

as follows:

§ 121.293 Special airworthiness

requirements for nontransport category

airplanes type certificated after December

31, 1964.

(a) No person may operate a

nontransport category airplane type

certificated after December 31, 1964,

unless the airplane meets the

requirements for ditching emergency

exits in § 23.807(e) of this chapter.

(b) No certificate holder may operate

a nontransport category airplane

manufactured after [Insert date 4 years

after publication date of final rule]

unless the airplane contains a takeoff

warning system that meets the

requirements of § 25.703. However, the

takeoff warning system does not have to

cover any device for which it can be

demonstrated that takeoff with that

device in the most adverse position

would not create a hazardous condition.

§ 121.308 [Amended]

31. Section 121.308 is amended by

removing the words ‘‘transport

category’’ in paragraphs (a) and (b).

32. Section 121.309 is amended by

revising paragraphs (c)(7), (d)(1), and (e)

to read as follows:

§ 121.309 Emergency equipment.

* * * * *

(c) * * *

(7) At least two of the required hand

fire extinguisher installed in passengercarrying airplanes must contain Halon

1211 (bromochlorofluoromethane) or

equivalent as the extinguishing agent.

At least one hand fire extinguisher in

the passenger compartment must

contain Halon 1211 or equivalent.

* * * * *

(d) First aid and emergency medical

equipment and protective gloves. (1) For

treatment of injuries or medical

emergencies that might occur during

flight time or in minor accidents each

passenger-carrying airplane must have

the following equipment that meets the

specifications and requirements of

appendix A of this part:

(i) Approved first aid kits and

(ii) For airplanes requiring a flight

attendant, an emergency medical kit.

* * * * *

(e) Crash ax. Each airplane with a

separate flight deck and lockable door

must be equipped with a crash ax.

* * * * *

33. Section 121.310 is amended by

revising paragraph (d)(2)(i) and

paragraph (f) introductory text to read as

follows:

§ 121.310 Additional emergency

equipment.

* * * * *

(d) * * *

(2) * * *

(i) Be operable manually both from

the flight crew station and, for airplanes

on which a flight attendant is required,

from a point in the passenger

compartment that is readily accessible

to a normal flight attendant seat;

(f) Emergency exit access. Except for

nontransport category airplanes

certificated after December 31, 1964,

access to emergency exits must be

provided as follows for each passengercarrying airplane:

* * * * *

34. Section 121.312 is amended by

adding the words ‘‘transport category’’

before the word ‘‘airplanes’’ in
16292 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

paragraph (b) and by adding a new

paragraph (c) to read as follows:

§ 121.312 Materials for compartment

interiors.

* * * * *

(c) For nontransport category

airplanes type certificated after

December 31, 1964, after [Insert date 2

years after effective date of final rule] or

after the seat cushion is replaced,

whichever occurs first, each seat

cushion, except those on flight

crewmember seats, in any compartment

occupied by crew or passengers must

comply with the requirements

pertaining to fire protection of seat

cushions in § 25.853(c) of this chapter,

effective November 26, 1984, and

appendix F to part 25 of this chapter,

effective November 26, 1984. The

Administrator may grant a deviation

from this requirement for up to an

additional 2 years if he finds that it is

justified by an integral-seat cushion

configuration.

35. Section 121.313(f) is revised to

read as follows:

§ 121.313 Miscellaneous equipment.

* * * * *

(f) A door between the passenger and

pilot compartments, with a locking

means to prevent passengers from

opening it without the pilot’s

permission, except that nontransport

category airplanes certificated after

December 31, 1964, without a door are

not required to comply with this

paragraph.

* * * * *

36. Section 121.337 is amended by

removing the words ‘‘transport

category’’ from the introductory text in

paragraph (b) and by revising paragraph

(b)(9)(iv) to read as follows:

§ 121.337 Protective breathing equipment.

* * * * *

(b) * * *

(9) * * *

(iv) Except airplanes having a

passenger-seating configuration of fewer

than 20 passenger seats, excluding any

required crewmember seat, and a

payload capacity of 7,500 pounds or

less, in each passenger compartment,

one located within 3 feet of each hand

fire extinguisher required by § 121.309,

except that the Administrator may

authorize a deviation allowing locations

of PBE more than 3 feet from required

hand fire extinguisher locations if

special circumstances exist that make

compliance impractical and the

proposed deviation provides an

equivalent level of safety.

* * * * *

37. Section 121.340 is amended by

revising paragraph (a) to read as follows:

§ 121.340 Emergency flotation means.

(a) Except as provided in paragraph

(b) of this section, no person may

operate an airplane in any overwater

operation unless it is equipped with life

preservers in accordance with

§ 121.339(a)(1) or with an approved

flotation means for each occupant. This

means must be within easy reach of

each seated occupant and must be

readily removable from the airplane.

* * * * *

§ 121.342 [Amended]

38. Section 121.342 is amended by

adding the words ‘‘or a nontransport

category airplane type certificated after

December 31, 1964, ‘‘after the word

‘‘airplane’’ in paragraph (a).

§ 121.343 [Amended]

39. Section 121.343 is amended by

revising the section heading to read

‘‘Flight recorders: Airplanes with a

payload capacity of more than 7,500

pounds.’’

40. Section 121.344 is added to read

as follows:

§ 121.344 Flight recorders: Airplanes with

a payload capacity of 7,500 pounds or less.

No person may operate an airplane

with a payload capacity of 7,500 pounds

or less unless it meets the requirements

for flight recorders in § 135.152 of this

chapter.

41. Section 121.356 is amended by

revising the introductory text of

paragraph (c) to read as follows:

§ 121.356 Traffic Alert and Collision

Avoidance System.

* * * * *

(c) The appropriate manuals required

by § 121.131 shall contain the following

information on the TCAS II System or

TCAS I System, as appropriate, as

required by this section:

* * * * *

41. Section 121.357 is amended by

revising paragraph (a) and introductory

text of paragraph (c) to read as follows:

§ 121.357 Airborne weather radar

equipment requirements.

(a) No person may operate any

airplane (except C–46 type airplanes)

unless approved airborne weather radar

equipment has been installed in the

airplane.

* * * * *

(c) Each person operating an airplane

required to have approved airborne

weather radar equipment installed shall,

when using it under this part, operate it

in accordance with the following:

* * * * *

42. Section 121.359 is amended by

revising paragraphs (a), (b), and (c) to

read as follows:

§ 121.359 Cockpit voice recorders.

(a) No certificate holder may operate

a turbine-powered airplane or a large

pressurized airplane with four

reciprocating engines unless an

approved cockpit voice recorder is

installed in that airplane and is operated

continuously from the start of the use of

the checklist (before starting engines for

the purpose of flight) to completion of

the final checklist at the termination of

the flight.

(b) The cockpit voice recorder

required by this section for a turbinepowered airplane having a passenger

seating configuration of 10 to 19 seats

and a maximum payload capacity of

7,500 pounds or less must comply with

the following application standards:

§ 23.1457(a)(1) and (2), (b), (c), (d), (e),

(f), and (g); or § 25.1457(a)(1) and (2),

(b), (c), (d), (e), (f), and (g) of this

chapter, as applicable.

(c) Except as provided in paragraph

(b), the cockpit voice recorder required

by this section must meet the following

application standards:

(1) The requirements of § 25.1457 of

this chapter.

(2) Each recorder container must—

(i) Be either bright orange or bright

yellow;

(ii) Have reflective tape affixed to the

external surface to facilitate its location

under water; and

(iii) Have an approved underwater

locating device on or adjacent to the

container which is secured in such a

manner that they are not likely to be

separated during crash impact, unless

the cockpit voice recorder, and the flight

recorder required by § 121.343, are

installed adjacent to each other in such

a manner that they are not likely to be

separated during crash impact.

* * * * *

43. Section 121.380 is amended by

revising paragraphs (a) introductory

text, (a)(2)(i), (a)(2)(ii), (a)(2)(v),

(a)(2)(vi), (b)(1), and (b)(2) to read as

follows:

§ 121.380 Maintenance recording

requirements.

(a) Each certificate holder shall keep

(using the system specified in the

manual required in § 121.369) the

following records for the periods

specified in paragraph (b) of this

section:

* * * * *

(2) * * *

(i) The total time in service of the

airframe, engine, and propeller.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16293

(ii) The current status of life-limited

parts of each airframe, engine, propeller,

and appliance.

* * * * *

(v) The current status of applicable

airworthiness directives, including the

date and methods of compliance, and, if

the airworthiness directive involves

recurring action, the time and date

when the next action is required.

(vi) A list of current major alterations

to each airframe, engine, propeller, and

appliance.

(b) * * *

(1) Except for the records of the last

complete overhaul of each airframe,

engine, propeller, and appliance, the

records specified in paragraph (a)(1) of

this section shall be retained until the

work is repeated or superseded by other

work or for one year after the work is

performed.

(2) The records of the last complete

overhaul of each airframe, engine,

propeller, and appliance shall be

retained until the work is superseded by

work of equivalent scope and detail.

* * * * *

44. Section 121.391 is amended by

redesignating paragraphs (a)(2) and

(a)(3) as paragraphs (a)(3) and (a)(4),

respectively; by revising paragraphs (a)

introductory text and (a)(1); by adding a

new paragraph (a)(2); and by removing

paragraph (e) to read as follows:

§ 121.391 Flight attendants.

(a) Each certificate holder shall

provide at least the following flight

attendants on each passenger-carrying

airplane used:

(1) For airplanes having a maximum

payload capacity of more than 7,500

pounds and having a seating capacity of

more than 9 but less than 51

passengers—one flight attendant.

(2) For airplanes having a maximum

payload capacity of 7,500 pounds or less

and having a seating capacity of more

than 19 but less than 51 passengers—

one flight attendant.

* * * * *

45. Section 121.393 is added to read

as follows:

§ 121.393 Crewmember requirements at

stops where passengers remain on board.

At stops where passengers remain on

board, the certificate holder must meet

the following requirements:

(a) Certificate holders who are not

required to use a flight attendant under

§ 121.391(a) must have on board a

person who is qualified in the

emergency evacuation procedures for

that aircraft as required in § 121.417.

That person must be identified to the

passengers.

(b) If flight attendants are required,

but the number of flight attendants

remaining on board is fewer than

required by § 121.391(a), the certificate

holder must meet the following

requirements:

(1) The certificate holder must ensure

that the airplane’s engines are shut

down and at least one floor-level exit

remains open to provide for passenger

deplaning.

(2) The number of flight attendants on

board must be at least half the number

required by § 121.391(a), rounded down

to the next lower number in the case of

fractions, but never fewer than one.

(3) The certificate holder may

substitute for the required flight

attendants other persons qualified in the

emergency evacuation procedures for

that aircraft as required in § 121.417, if

these persons are identified to the

passengers.

(c) If only one flight attendant or other

qualified person is on board during a

stop, that flight attendant or other

qualified person shall be located in

accordance with the certificate holder’s

FAA-approved operating procedures. If

more than one flight attendant or other

qualified person is on board, the flight

attendants or other qualified persons

shall be spaced throughout the cabin to

provide the most effective assistance for

the evacuation in case of an emergency.

§ 121.435 [Removed]

46. Section 121.435 is removed.

47. Section 121.463 is amended by

revising paragraphs (a)(2) and (c) to read

as follows:

§ 121.463 Aircraft dispatcher

qualifications.

(a) * * *

(2) Operating familiarization

consisting of at least 5 hours observing

operations under this part from the

flight deck or, for airplanes without an

observer seat on the flight deck, from a

forward passenger seat with headset or

speaker. This requirement may be

reduced to a minimum of 21⁄2 hours by

the substitution of one additional

takeoff and landing for an hour of flight.

A person may serve as an aircraft

dispatcher without meeting the

requirement of this paragraph (a) for 90

days after initial introduction of the

airplane into operations under this part.

* * * * *

(c) No certificate holder conducting

domestic or flag operations may use any

person, nor may any person serve, as an

aircraft dispatcher unless within the

preceding 12 calendar months the

aircraft dispatcher has satisfactorily

completed operating familiarization

consisting of at least 5 hours observing

operations under this part, in one of the

types of airplanes in each group to be

dispatched. This observation shall be

made from the flight deck or, for

airplanes without an observer seat on

the flight deck, from a forward

passenger seat with headset or speaker.

The requirement of this paragraph (a)

may be reduced to a minimum of 21⁄2

hours by the substitution of one

additional takeoff and landing for an

hour of flight. The requirement of this

paragraph (a) may be satisfied by

observation of 5 hours of simulator

training for each airplane group in one

of the simulators approved under

§ 121.407 for the group. However, if the

requirement of this paragraph (a) is met

by the use of a simulator, no reduction

in hours is permitted.

* * * * *

§§ 121.557 and 121.559 [Removed]

48. Sections 121.557 and 121.559 are

removed.

49. Section 121.571 is amended by

adding a new paragraph (a)(1)(v) and by

revising the introductory text of

paragraph (a)(3) to read as follows:

§ 121.571 Briefing passengers before takeoff.

(a) * * *

(1) * * *

(v) On operations that do not use a

flight attendant, the following

additional information:

(A) The placement of seat backs in an

upright position before takeoff and

landing.

(B) Location of survival equipment.

(C) If the flight involves operations

above 12,000 MSL, the normal and

emergency use of oxygen.

(D) Location and operation of fire

extinguisher.

* * * * *

(3) Except as provided in paragraph

(a)(4) of this section, before each takeoff

a required crewmember assigned to the

flight shall conduct an individual

briefing of each person who may need

the assistance of another person to move

expeditiously to an exit in the event of

an emergency. In the briefing the

required crewmember shall—

* * * * *

50. Section 121.578(b) introductory

text is revised to read as follows:

§ 121.578 Cabin ozone concentration.

* * * * *

(b) Except as provided in paragraphs

(d) and (e) of this section, no certificate

holder may operate an airplane above

the following flight levels unless it is

successfully demonstrated to the

Administrator that the concentration of

ozone inside the cabin will not exceed—

* * * * *
16294 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

51. Section 121.581 is amended by

revising paragraph (a) and by adding a

new paragraph (c) to read as follows:

§ 121.581 Forward observer’s seat: En

route inspections.

(a) Except as provided in paragraph

(c) of this section, each certificate holder

shall make available a seat on the flight

deck of each airplane, used by it in air

commerce, for occupancy by the

Administrator while conducting en

route inspections. The location and

equipment of the seat, with respect to its

suitability for use in conducting en

route inspections, is determined by the

Administrator.

* * * * *

(c) For any airplane that does not have

an observer seat on the flight deck, the

certificate holder must provide a

forward passenger seat with headset or

speaker for occupancy by the

Administrator while conducting en

route inspections.

§ 121.583 [Amended]

52. Section 121.583(a) is amended by

removing the reference to ‘‘,121.161,.’’

53. Section 121.590 is amended by

revising paragraph (a) and (b) to read as

follows: paragraph (b) to read as follows:

§ 121.590 Use of certificated land airports.

(a) Except as provided in paragraph

(b) of this section or unless otherwise

authorized by the Administrator, no air

carrier, and no pilot being used by an

air carrier may, in the conduct of

operations governed by this part,

operate an aircraft into a land airport in

any State of the United States, the

District of Columbia, or any territory or

possession of the United States, unless

that airport is certificated under part

139 of this chapter. However, an air

carrier may designate and use as a

required alternate airport for departure

or destination an airport that is not

certificated under part 139 of this

chapter.

(b) Certificate holders conducting

passenger-carrying operations with

airplanes designed for less than 31

passenger seats may operate those

airplanes into airports not certificated

under part 139 of this chapter if the

following conditions are met:

(1) The airport is adequate for the

proposed operation, considering such

items as size, surface, obstructions, and

lighting.

(2) For an airplane carrying

passengers at night, the pilot may not

take off from, or land at, an airport

unless—

(i) The pilot has determined the wind

direction from an illuminated wind

direction indicator or local ground

communications or, in the case of

takeoff, that pilot’s personal

observations; and

(ii) The limits of the area to be used

for landing or takeoff are clearly shown

by boundary or runway marker lights. If

the area to be used for takeoff or landing

is marked by flare pots or lanterns, their

use must be approved by the

Administrator.

54. Section 121.703 is amended by

revising paragraphs (a)(12) and (f) to

read as follows:

§ 121.703 Mechanical reliability reports.

(a) * * *

(12) An unwanted landing gear

extension or retraction, or an unwanted

opening or closing of landing gear doors

during flight;

* * * * *

(f) A certificate holder that is also the

holder of a Type Certificate (including

a Supplemental Type Certificate), a

Parts Manufacturer Approval, or a

Technical Standard Order

Authorization, or that is the licensee of

a type certificate holder, need not report

a failure, malfunction, or defect under

this section if the failure, malfunction,

or defect has been reported by it under

§ 21.3 of this chapter or under the

accident reporting provisions of 14 CFR

part 830.

* * * * *

55. Section 121.713 is revised to read

as follows:

§ 121.713 Retention of contracts and

amendments: Commercial operatorsho

conduct intrastate operations for

compensation or hire.

(a) Each commercial operator who

conducts intrastate operations for

compensation or hire shall keep a copy

of each written contract under which it

provides services as a commercial

operator for a period of at least 1 year

after the date of execution of the

contract. In the case of an oral contract,

it shall keep a memorandum stating its

elements, and of any amendments to it,

for a period of at least one year after the

execution of that contract or change.

(b) Each commercial operator who

conducts intrastate operations for

compensation or hire shall submit a

financial report for the first 6 months of

each fiscal year and another financial

report for each complete fiscal year. If

that person’s operating certificate is

suspended for more than 29 days, that

person shall submit a financial report as

of the last day of the month in which

the suspension is terminated. The report

required to be submitted by this section

shall be submitted within 60 days of the

last day of the period covered by the

report and must include—

(1) A balance sheet that shows assets,

liabilities, and net worth on the last day

of the reporting period;

(2) The information required by

§ 119.35(h)(2), (h)(7), and (h)(8) of this

chapter;

(3) An itemization of claims in

litigation against the applicant, if any, as

of the last day of the period covered by

the report;

(4) A profit and loss statement with

the separation of items relating to the

applicant’s commercial operator

activities from his other business

activities, if any; and

(5) A list of each contract that gave

rise to operating income on the profit

and loss statement, including the names

and addresses of the contracting parties

and the nature, scope, date, and

duration of each contract.

55A. The title for 14 CFR part 125 is

revised to read as follows:

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

56. The authority citation for part 125

continues to read as follows:

Authority: 49 U.S.C. 106(g), 1153, 40101,

40102, 40103, 40113, 44105, 44106, 44111,

44701–44717, 44722, 44901, 44903, 44904,

44906, 44912, 44914, 44936, 44938, 46103,

46105.

57. Paragraph (b)(4) of § 125.1 is

revised to read as follows:

§ 125.1 Applicability.

* * * * *

(b) * * *

(4) They are being operated under part

91 by an operator certificated to operate

those airplanes under the rules of part

121, 135, or 137 of this chapter, they are

being operated under the applicable

rules of part 121 or part 135 of this

chapter by an applicant for a certificate

under part 119 of this chapter or they

are being operated by a foreign air

carrier or a foreign person engaged in

common carriage solely outside the

United States under part 91 of this

chapter; or

* * * * *

PART 127—CERTIFICATION AND

OPERATIONS OF SCHEDULED AIR

CARRIERS WITH HELICOPTERS

58. Part 127 is removed.

PART 135—OPERATING

REQUIREMENTS: COMMUTER AND

ON-DEMAND OPERATIONS

59. The authority citation for part 135

is revised to read as follows:
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules 16295

Authority: 49 U.S.C. 106(g), 1153, 40101,

40102, 40103, 40113, 44105, 44106, 44111,

44701–44717, 44722, 44901, 44903, 44904,

44906, 44912, 44914, 44936, 44938, 46103,

46105.

60. The heading for part 135 is revised

to read as set forth above.

61. Section 135.1 is revised to read as

follows:

§ 135.1 Applicability.

(a) This part prescribes rules

governing—

(1) The commuter or on-demand

operations of each person who is

required to hold an Air Carrier

Certificate or Operating Certificate

under part 119 of this chapter.

(2) Each person employed or used by

a certificate holder conducting

operations under this part including the

maintenance, preventative maintenance

and alteration of an aircraft.

(3) The transportation of mail by

aircraft conducted under a postal

service contract awarded under 39

U.S.C. 5402c.

(4) Each person who applies for

provisional approval of an Advanced

Qualification Program curriculum,

curriculum segment, or portion of a

curriculum segment under SFAR No. 58

and each person employed or used by

an air carrier or commercial operator

under this part to perform training,

qualification, or evaluation functions

under an Advanced Qualification

Program under SFAR No. 58.

(5) Nonstop sightseeing flights for

compensation or hire that begin and end

at the same airport, and are conducted

within a 25 statute mile radius of that

airport; however, these operations must

comply only with §§ 135.249, 135.251,

135.253, 135.255, and 135.353.

(6) Each person who is on board an

aircraft being operated under this part.

(7) Each person who is an applicant

for an Air Carrier Certificate or an

Operating Certificate under 119 of this

chapter, when conducting proving tests.

62. Section 135.2 is revised to read as

follows:

§ 135.2 Compliance schedule for transition

to part 121.

(a) Applicability. This section applies

to the following:

(1) Each certificate holder that

conducts scheduled passenger-carrying

operations with airplanes having a

passenger seating configuration of 10 to

30 seats and each certificate holder that

conducts scheduled passenger-carrying

operations in turbojet engine powered

airplanes having a passenger seating

configuration of 30 seats or fewer that

before [Insert date 30 days after

publication date of final rule] was

issued an air carrier certificate or

operating certificate and operations

specifications under the certification

requirements of part 135 of this chapter

or under SFAR 38–2.

(2) Each person who after [Insert date

30 days after publication date of final

rule] applies for or obtains an air carrier

certificate or operating certificate or

operations specifications to conduct

operations described in paragraph (a) of

this section.

(b) Obtaining operations

specifications. Each person covered by

paragraph (a)(1) of this section shall

before [Insert date 1 year after

publication date of final rule] obtain

operations specifications to conduct its

scheduled operations under part 121 of

this chapter.

(c) Regular or accelerated compliance.

Except as provided in paragraphs (d)

and (e) of this section, each certificate

holder covered by paragraph (a) of this

section shall comply with each

applicable requirement of part 121 of

this chapter as of [Insert date 1 year after

publication date of final rule] or the date

on which the certificate holder is issued

14 CFR part 121 operations

specifications, whichever occurs first.

(d) Delayed retrofit requirements. No

certificate holder that is covered by

paragraph (a) of this section may operate

an airplane in 14 CFR part 121

operations on or after the date stated on

the certificate unless that airplane meets

the stated requirements:

(1) [2 years after publication date of

final rule]

(i) Section 121.289, Landing gear

aural warning.

(ii) Section 121.293(a), Ditching

emergency exits.

(iii) Section 121.308, Lavatory fire

protection.

(iv) Section 121.310 (c), (d), (e), and

(h), Floor proximity lighting; emergency

exit handle illumination, and interior

and exterior emergency lighting,

respectively.

(v) Section 121.312(c), Passenger seat

cushion flammability.

(vi) Section 121.337(b), Protective

breathing equipment.

(vii) Section 121.340, Floatation

cushions.

(2) [4 years after publication date of

final rule]: Section 121.342, pitot heat

indication system.

(e) New manufacture requirements.

No certificate holder that is covered by

paragraph (a) of this section may operate

an airplane in 14 CFR part 121

operations that is and manufactured on

or after the date stated on the certificate

unless that airplane meets the stated

requirements:

(1) [1 year after publication date of

final rule]: Section 121.311(f), Safety

belts and shoulder harnesses.

(2) [4 years after publication date of

final rule]:

(i) Section 121.293(b), Takeoff

warning system.

(ii) Section 121.312(a), Interior

materials flammability.

(iii) Section 121.314, Cargo and

baggage compartments.

(f) New type certification

requirements. No person may operate an

airplane for which the application for a

type certificate was filed after [Insert

date of publication of NPRM] in 14 CFR

part 121 operations unless that airplane

is type certificated under part 25 of this

chapter.

(g) Transition plan. Before [Insert date

60 days after publication of final rule]

each certificate holder described in

paragraph (a)(1) of this section must

submit to the FAA a transition plan

(containing a calendar of events) for

moving from conducting its scheduled

operations under the commuter

requirements of part 135 of this chapter

to the requirements for domestic or flag

operations under part 121 of this

chapter. Each transition plan must

contain details on the following:

(1) Plans for obtaining new operations

specifications authorizing domestic or

flag operations;

(2) Plans for being in compliance with

the applicable requirements of part 121

of this chapter on or before [Insert date

1 year after the publication date of the

final rule].

(3) Plans for complying with the

compliance date schedules contained in

paragraphs (d) and (e) of this section.

§§ 135.5, 135.9, 135.11, 135.13, 135.15,

135.17, and 135.19 [Removed]

63. Sections 135.5, 135.9, 135.11,

135.13, 135.15, 135.17, and 135.19 are

removed.

§ 135.7 [Amended]

64. Section 135.7 is amended by

removing ‘‘§ 135.5’’ wherever it appears

and adding in its place ‘‘part 119 of this

chapter’’.

§ 135.21 [Amended]

65. Section 135.21 (b) and (f) are

amended by revising ‘‘principal

operations base’’ to read ‘‘principal base

of operations.’’

§ 135.23 [Amended]

66. Section 135.23(a) is amended by

removing the reference ‘‘§ 135.37(a)’’

and adding in its place ‘‘§ 119.69(a) of

this chapter’’.
16296 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Proposed Rules

§ 135.27, 135.29, 135.31, 135.33, 135.35,

135.37, and 135.39 [Removed]

67. Section 135.27, 135.29, 135.31,

135.33, 135.35, 135.37, and 135.39 are

removed.

68. Section 135.41 is revised to read

as follows:

§ 135.41 Carriage of narcotic drugs,

marihuana, and depressant or stimulant

drugs or substances.

If the holder of a certificate operating

under this part allows any aircraft

owned or leased by that holder to be

engaged in any operation that the

certificate holder knows to be in

violation of § 91.19(a) of this chapter,

that operation is a basis for suspending

or revoking the certificate.

§ 135.43 [Amended]

69. Section 135.43 is amended by:

(A) Revising ‘‘FAA Flight Standards

District Office charged with the overall

inspection’’ in paragraph (b) to read ‘‘

certificate-holding district office.’’

(B) Revising ‘‘Flight Standards District

Office’’ in paragraph (c) to read

‘‘certificate-holding district office.’’

70. Section 135.64 is added to read as

follows:

§ 135.64 Retention of contracts and

amendments: Commercial operators who

conduct intrastate operations for

compensation or hire.

(a) Each commercial operator who

conducts intrastate operations for

compensation or hire shall keep a copy

of each written contract under which it

provides services as a commercial

operator for a period of at least one year

after the date of execution of the

contract. In the case of an oral contract,

it shall keep a memorandum stating its

elements, and of any amendments to it,

for a period of at least one year after the

execution of that contract or change.

(b) Each commercial operator who

conducts intrastate operations for

compensation or hire shall submit a

financial report for the first 6 months of

each fiscal year and another financial

report for each complete fiscal year. If

that person’s operating certificate is

suspended for more than 29 days, that

person shall submit a financial report as

of the last day of the month in which

the suspension is terminated. The report

required to be submitted by this section

shall be submitted within 60 days of the

last day of the period covered by the

report and must include—

(1) A balance sheet that shows assets,

liabilities, and net worth on the last day

of the reporting period;

(2) The information required by

§ 119.35(h)(2), (h)(7), and (h)(8) of this

chapter;

(3) An itemization of claims in

litigation against the applicant, if any, as

of the last day of the period covered by

the report;

(4) A profit and loss statement with

the separation of items relating to the

applicant’s commercial operator

activities from his other business

activities, if any; and

(5) A list of each contract that gave

rise to operating income on the profit

and loss statement, including the names

and addresses of the contracting parties

and the nature, scope, date, and

duration of each contract.

§ 135.105 [Amended]

71. Section 135.105(a) is amended by

revising the phrase ‘‘by a Commuter Air

Carrier (as defined in § 298.2 of this

title) in passenger-carrying operations’’

to read ‘‘in a commuter operation, as

defined in part 119 of this chapter.’’

§ 135.145 [Amended]

72. Section 135.145 is amended by

revising the words ‘‘certificate holder or

applicant for an air carrier or operating

certificate’’ in paragraphs (a) and (b) to

read ‘‘certificate holder’’, wherever they

appear.

§ 135.165 [Amended]

73. Section 135.165(a) is amended by

revising the phrase ‘‘carrying passengers

as a Commuter Air Carrier’’ as defined

in part 298 of this title,’’ to read ‘‘in a

commuter operation, as defined in part

119 of this chapter.’’

74. Section 135.243(a) is revised to

read as follows:

§ 135.243 Pilot in command qualifications.

(a) No certificate holder may use a

person, nor may any person serve, as

pilot in command in passenger-carrying

operations—

(1) Of a turbojet airplane, of an

airplane having a passenger-seating

configuration, excluding any pilot seat,

of 10 seats or more, or of a multiengine

airplane in a commuter operation as

defined in part 119 of this chapter,

unless that person holds an airline

transport pilot certificate with

appropriate category and class ratings

and, if required, an appropriate type

rating for that airplane.

(2) Of a helicopter in a scheduled

interstate air transportation operation by

an air carrier within the 48 contiguous

states unless that person holds an

airline transport pilot certificate,

appropriate type ratings, and an

instrument rating.

* * * * *

§ 135.244 [Amended]

75. Section 135.244(a) is amended by

revising the phrase ‘‘by a Commuter Air

Carrier (as defined in § 298.2 of this

title) in passenger-carrying operations’’

to read ‘‘in a commuter operation, as

defined in part 119 of this chapter.’’

76. Section 135.248 is added to read

as follows:

§ 135.248 Use of maintenance personnel.

Notwithstanding the provisions of

§§ 135.249, 135.251, 135.253, and

135.255, an operator who does not hold

an air carrier or operating certificate is

permitted to use a person, who is

otherwise authorized to perform aircraft

maintenance or preventive maintenance

duties and who is not subject to the

requirements of an FAA-approved antidrug program, to perform—

(a) Aircraft maintenance or preventive

maintenance on the operator’s aircraft if

the operator would be required to

transport the aircraft more than 50

nautical miles further than the closest

available repair point from the

operator’s principal place of operations

to obtain these services; or

(b) Emergency repairs on the

operator’s aircraft if the aircraft cannot

be safely operated to a location where

an employee subject to the requirements

of appendix I of part 121 of this chapter

can perform the emergency repairs.

77. Section 135.352 is added to read

as follows:

§ 135.352 Use of maintenance personnel.

Notwithstanding the provisions of

§ 135.353, an operator who does not

hold an air carrier or operating

certificate is permitted to use a person,

who is otherwise authorized to perform

aircraft maintenance or preventive

maintenance duties and who is not

subject to the requirements of an FAAapproved anti-drug program, to

perform—

(a) Aircraft maintenance or preventive

maintenance on the operator’s aircraft if

the operator would be required to

transport the aircraft more than 50

nautical miles further than the closest

available repair point from the

operator’s principal place of operations

to obtain these services; or

(b) Emergency repairs on the

operator’s aircraft if the aircraft cannot

be safely operated to a location where

an employee subject to the requirements

of appendix I of part 121 of this chapter

can perform the emergency repairs.

Issued in Washington, DC, on March 16,

1995.

Anthony J. Broderick,

Associate Administrator for Regulation and

Certification.

[FR Doc. 95–7488 Filed 3–24–95; 8:45 am]

BILLING CODE 4910–13–P