30432 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 119, 121 and 135

[Docket No. 28154; Amendment Nos. 119–

2, 121–259, and 135–65]

Rin 2120–AG03

Operating Requirements: Domestic

Flag, Supplemental, Commuter, and

On-Demand Operations: Corrections

and Editorial Changes

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts

changes that are editorial or

typographical in nature in parts 119,

121, and 135. The changes are necessary

to correct errors or clarify the intent of

the regulations published on December

20, 1995 (60 FR 65832). The changes in

this amendment will not impose any

additional restrictions on persons

affected by these regulations.

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Linda Williams, Office of Rulemaking

(ARM–100); Federal Aviation

Administration, 800 Independence

Avenue, SW, Washington, DC 20591;

telephone (202) 267–9685.

SUPPLEMENTARY INFORMATION:

Background

On December 20, 1995, new part 119,

Certification: Air Carriers and

Commercial Operators, was published

in the Federal Register (60 FR 65832;

December 20, 1995). Part 119

reorganizes, into one part, certification

and operations specifications

requirements that formerly existed in

SFAR 38–2 and in parts 121 and 135.

The final rule for new part 119 also

deleted or changed certain sections in

part 121, Subparts A through D, and

part 135, Subpart A, because the

requirements in those subparts have

been recodified in part 119. Also on

December 20, 1995, a final rule was

published that upgrades the training

requirements for part 121 operators and

requires certain part 135 operators to

conduct their training under the

requirements of part 121 (60 FR 65940).

On January 26, 1996, another final rule

was published (61 FR 2608) affecting

parts 119, 121, and 135. That

amendment made editorial and

terminology changes in the remaining

subparts of parts 121 and 135 to

conform those parts to the language of

part 119 and to make certain other

changes.

Part 119 was issued as part of a large

rulemaking effort to upgrade the

requirements that apply to scheduled

operations conducted in airplanes that

seat 10 to 30 passengers. These

operations will in the future be

conducted under the requirements of

part 121, in accordance with the final

rule published on December 20, 1995.

The changes in this final rule are

necessary because, as a result of the

implementation of part 119 and the

beginning of the transition process for

commuter operations affected by the

final rule published on December 20,

1995, a number of questions of

interpretation have been raised and

errors in previous final rules have been

identified. The changes in this

document make necessary corrections

and will help to clarify the intent of part

119, the training rule, and the commuter

rule.

Preamble Correction

In the preamble to the commuter final

rule, the FAA attributed a comment

incorrectly. The statement on 60 FR

65872 that the Regional Airline

Association recommends that the FAA

require each certificate holder to equip

its airplanes with TCAS II and a Mode

S transponder was incorrect. This

recommendation was made by the Air

Line Pilots Association.

Editorial Changes

A number of changes are necessary in

parts 119, 121, and 135 to correct

typographical errors, to make minor

editorial changes that help clarify the

intent of the rules, or to make editorial

changes that make related rules

consistent with each other. These types

of changes are not individually

explained. However, a number of

changes are being made that require

some explanation, which follows:

1. Section 119.2 and SFAR 38–2 are

amended to reinstate certain part 121

and 135 sections that were removed by

the commuter rule to make it clear that

persons who originally were certificated

under SFAR 38–2 must continue to

comply with those sections in parts 121

and 135, that have been recodified into

part 119, until they receive new

operations specifications issued under

part 119, or until March 20, 1997,

whichever occurs first.

2. New paragraph (j) is added to

§ 121.2 to clarify how crewmembers and

certificate holders transitioning to part

121 can obtain credit for training and

qualification obtained under part 135.

3. Section 121.404 is amended by

correcting the date in the introductory

paragraph to March 19, 1998, as was

originally published in the Air Carrier

and Commercial Operator Training

Programs (60 FR 65940, December 20,

1995).

4. Sections 121.721, 121.723, and

135.43 are amended to clarify the status

of international crewmember

certificates. The FAA no longer issues

these certificates because the State

Department no longer processes them;

however crewmembers who already

have been issued these certificates may

continue to use them.

5. Sections 121.431 and 135.3 are

revised to remove the redundant phrase

‘‘* * *or with airplanes having a

passenger seating configuration of 10

seats or more.’’

Corrections to Tables

Several additional corrections are

necessary for Tables 2–4, which were

originally published on December 20,

1995 (60 FR 65850, 65888, 65890) and

were republished on January 26, 1996

(61 FR 2618, 2619, and 2621), as

follows:

1. In Table 2—Comparable Sections in

Parts 121 and 135, the word

‘‘underwater’’ in the listing under

Subpart K should be ‘‘overwater.’’

2. In Table 4—Distribution Table for

Part 119, correct the listing for § 121.5,

which was replaced by § 119.21(a), not

§ 119.49(a).

Federalism Implications

The 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

have already been approved. There will

be a decrease in the paperwork

requirements as a result of the

elimination of the issuance of the

certificate formerly issued to

crewmembers engaged in international

travel in accordance with sections

121.723 and 135.43.

Good Cause Justification for Immediate

Adoption

This amendment is needed to make

editorial corrections in parts 119, 121,

and 135. In view of the need to expedite

these changes, and because the

amendment is editorial in nature and

would impose no additional burden on

the public, I find that notice and
Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations 30433

opportunity for public comment before

adopting this amendment is

unnecessary.

Conclusion

The FAA has determined that this

regulation imposes no additional

burden on any person. Accordingly, it

has been determined that the action: (1)

Is not a significant rule under Executive

Order 12866; and (2) is not a significant

rule under Department of

Transportation Regulatory Policies and

Procedures (44 FR 11034; February 26,

1979); Also because this regulation is of

editorial nature, no impact is expected

to result and a full regulatory evaluation

is not required. In addition, the FAA

certifies that the rule will not have a

significant economic impact, positive or

negative, on a substantial number of

small entities under the criteria of the

Regulatory Flexibility Act.

List of Subjects

14 CFR Part 119

Administrative practice and

procedures, Air carriers, Air taxis,

Aircraft, Aviation safety, Charter flights,

Commuter operations, Reporting and

recordkeeping requirements.

14 CFR Part 121

Air carriers, Aircraft, Airmen,

Aviation safety, Charter flights,

Reporting and recordkeeping

requirements.

14 CFR Part 135

Aircraft, Airplanes, Airworthiness,

Air transportation.

The Amendments

In consideration of the foregoing, the

Federal Aviation Administration

amends the Federal Aviation

Regulations (14 CFR parts 119, 121, and

135) as follows:

PART 119—CERTIFICATION: AIR

CARRIERS AND COMMERCIAL

OPERATORS

1. The authority citation for part 119

continues to read as follows:

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

40102, 40103, 44105, 44106, 44111, 44701–

44717, 44717, 44722, 44901, 44903, 44904,

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

46105.

2. Section 119.2 is revised to read as

follows:

§ 119.2 Compliance with 14 CFR part 119

or SFAR 38–2 of parts 121 and 135 of this

chapter.

(a) Each certificate holder that before

January 19, 1996, was issued an air

carrier certificate or operating certificate

and operations specifications under the

requirements of part 121, 135, or SFAR

38–2 of parts 121 and 135 of this

chapter shall continue to comply with

SFAR 38–2 of parts 121 and 135 of this

chapter until March 20, 1997, or until

the date on which the certificate holder

is issued operations specifications in

accordance with part 119, whichever

occurs first. In addition, persons

conducting operations under SFAR 38–

2 of parts 121 and 135 of this chapter

shall continue to comply with the

applicable requirements of §§ 121.6,

121.57, 121.59, 121.61, 121.71 through

121.83. 135.5. 135.11(c), 135.15, 135.17,

135.27. 135.29, 135.33, 135.35. 135.37.

and 135.39 of this chapter as in effect on

January 18, 1996, until March 20, 1997,

or until the date on which the certificate

holder is issued operations

specifications in accordance with part

119, whichever occurs first. If a

certificate holder is issued operations

specifications in accordance with part

119 before March 20, 1997, then,

notwithstanding all provisions in SFAR

38–2 of parts 121 and 135 of this

chapter, such certificate holder shall

comply with the provisions of part 119.

A copy of these regulations may be

obtained from the Federal Aviation

Administration, Office of Rulemaking

(ARM), 800 Independence Ave., SW.,

Washington, DC 20591, or by phone

(202) 267–9677.

(b) Each person who on or after

January 19, 1996, applies for or obtains

an initial air carrier certificate or

operating certificate and operations

specifications to conduct operations

under part 121 or 135 of this chapter

shall comply with this part,

notwithstanding all provisions of SFAR

38–2 of parts 121 and 135 of this

chapter.

3. Section 119.3 is amended by

revising the introductory text of the

definition for ‘‘commuter operation,’’

revising paragraph (1)(ii) of the

definition for ‘‘on-demand operation,’’

revising paragraphs (1)(iii) and (2)(i) and

adding pargarph (1)(iv) of the definition

for ‘‘supplemental operation,’’ and

revising the introductory text of the

definition for ‘‘when common carriage

is not involved or operations not

involving common carriage’’ to read as

follows:

§ 119.3 Definitions.

* * * * *

Commuter operation means any

scheduled operation conducted by any

person operating one of the following

types of aircraft 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 the

published flight schedules:

* * * * *

On-demand operation * * *

(1) * * *

(ii) Noncommon or private carriage

operations conducted with airplanes

having a passenger-seat configuration of

less than 20 seats, excluding each

crewmember seat, and a payload

capacity of less than 6,000 pounds; or

* * * * *

Supplemental operation * * *

(1) * * *

(iii) Each propeller-powered airplane

having a passenger-seat configuration of

more than 9 seats and less than 31 seats,

excluding each crewmember seat, 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; or

(iv) Each turbojet powered airplane

having a passenger seat configuration of

1 or more and less than 31 seats,

excluding each crewmember seat, 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) * * *

(i) Passenger-carrying operations for

which the departure time, departure

location, and arrival location are

specifically negotiated with the

customer or the customer’s

representative; or

* * * * *

When common carriage is not

involved or operations not involving

common carriage means any of the

following:

* * * * *

4. Section 119.21 is amended by

revising the section heading and by

revising paragraph (a) introductory text,

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

§ 119.21 Commercial operators engaged in

intrastate common carriage and direct air

carriers.

(a) Each person who conducts

airplane operations as a commercial

operator engaged in intrastate common

carriage of persons or property for

compensation or hire in air commerce,

or as a direct air carrier, shall comply

with the certification and operations

specifications requirements in subpart C

of this part, and shall conduct its:

* * * * *

(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
30434 Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations

safety in air commerce, the

Administrator may authorize or require

those operations to be conducted under

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

* * * * *

5. Section 119.23 is amended by

revising the introductory text of

paragraph (b) to read as follows:

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

both with airplanes when common carriage

is not involved.

* * * * *

(b) Each person who conducts

noncommon carriage (except as

provided in § 91.501(b) of this chapter)

or private carriage operations for

compensation or hire with airplanes

having a passenger-seat configuration of

less than 20 seats, excluding each

crewmember seat, and a payload

capacity of less than 6,000 pounds

shall—

* * * * *

6. Section 119.33 is amended by

revising the first sentence of paragraph

(c) to read as follows:

§ 119.33 General requirements.

* * * * *

(c) Each applicant for a certificate

under this part and each applicant for

operations specifications authorizing a

new kind of operation that is subject to

§ 121.163 or § 135.145 of this chapter

shall conduct proving tests as

authorized by the Administrator during

the application process for authority to

conduct operations under part 121 or

part 135 of this chapter.* * *

* * * * *

7. Section 119.63 is amended by

revising the introductory text of

paragraph (b) to read as follows:

§ 119.63 Recency 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 number of

calendar days specified in paragraph (a)

of this section, it shall not conduct such

kind of operation unless—

* * * * *

8. Section 119.67 is amended by

revising paragraph (d)(3) to read as

follows:

§ 119.67 Management personnel:

Qualifications for operations conducted

under part 121 of this chapter.

* * * * *

(d) * * *

(3) Have at least 1 year of experience

in a supervisory capacity maintaining

the same category and class of aircraft

as the certificate holder uses.

PART 121—OPERATING

REQUIREMENTS: DOMESTIC, FLAG,

AND SUPPLEMENTAL OPERATIONS

8. The authority citation for part 121

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 40119,

44101, 44701–44702, 44705, 44709–44711,

44713, 44716–44717, 44722, 44901, 44903–

44904, 44912, 46105.

9. Special Federal Aviation

Regulation 38–2 is amended by adding

a new paragraph (d) to section 1 to read

as follows:

SFAR No. 38–2—Certification and Operating

Requirements

1. * * *

(d) Persons conducting operations under

this SFAR shall continue to comply with the

applicable requirements of §§ 121.6, 121.57,

121.59, 121.61, 121.71 through 121.83, 135.5,

135.11(c), 135.15, 135.17, 135.27, 135.29,

135.33, 135.35, 135.37, and 135.39 of this

chapter as in effect on January 18, 1996, until

March 20, 1997, or until the date on which

the certificate holder is issued operations

specifications in accordance with part 119,

whichever occurs first. A copy of these

regulations may be obtained from the Federal

Aviation Administration, Office of

Rulemaking (ARM), 800 Independence Ave.,

SW., Washington, DC 20591, or by phone

(202) 267–9677.

* * * * *

10. Section 121.2 is amended by

revising paragraphs (d)(1) introductory

text and (d)(2) introductory text,

(d)(2)(ii) and (h); and adding new

paragraph (j) to read as follows:

§ 121.2 Compliance schedule for operators

that transition to part 121; certain new

entrant operators.

* * * * *

(d) * * *

(1) Nontransport category

turbopropeller powered airplanes type

certificated after December 31, 1964,

that have a passenger seat configuration

of 10–19 seats. No certificate holder may

operate under this part an airplane that

is described in paragraph (a)(10(i) of this

section on or after a date listed in

paragraph (d)(1) of this section unless

that airplane meets the applicable

requirement listed in paragraph (d)(1) of

this section:

* * * * *

(2) Transport category turbopropeller

powered airplanes that have a

passenger seat configuration of 20–30

seats. No certificate holder may operate

under this part an airplane that is

described in paragraph (a)(1)(ii) of this

section on or after a date listed in

paragraph (d)(2) of this section unless

that airplane meets the applicable

requirement listed in paragraph (d)(2) of

this section:

* * * * *

(ii) December 20, 2010: § 121.305(j),

third attitude indicator.

* * * * *

(h) Continuing requirements. A

certificate holder described in paragraph

(a) of this section shall comply with the

applicable airplane operating and

equipment requirements of part 135 of

this chapter for the airplanes described

in paragraph (a)(1) of this section, until

the airplane meets the specific

compliance dates in paragraphs (d) and

(e) of this section.

* * * * *

(j) Any training or qualification

obtained by a crewmember under part

135 of this chapter before March 20,

1997, is entitled to credit under this part

for the purpose of meeting the

requirements of this part, as determined

by the Administrator. Records kept by a

certificate holder under part 135 of this

chapter before March 20, 1997, can be

annotated, with the approval of the

Administrator, to reflect crewmember

training and qualification credited

toward part 121 requirements.

11. Section 121.157 is amended by

revising paragraph (e) and the

introductory text of paragraph (f) to read

as follows:

§ 121.157 Aircraft certification and

equipment requirements.

* * * * *

(e) Commuter category airplanes.

Except as provided in paragraph (f) of

this section, no certificate holder may

operate under this part a nontransport

category airplane type certificated after

December 31, 1964, and before March

30, 1995, unless it meets the applicable

requirements of § 121.173 (a), (b), (d),

and (e), and was type certificated in the

commuter category.

(f) Other nontransport category

airplanes. No certificate holder may

operate under this part a nontransport

category airplane type certificated after

December 31, 1964, unless it meets the

applicable requirements of § 121.173 (a),

(b), (d), and (e), was manufactured

before March 20, 1997, and meets one

of the following:

* * * * *

§ 121.317 [Amended]

12. Section 121.317(l) is amended by

changing the date ‘‘December 22, 1997’’

to ‘‘December 20, 1997.’’

13. Section 121.385(c) is revised to

read as follows:

§ 121.385 Composition of flight crew.

* * * * *

(c) The minimum pilot crew is two

pilots and the certificate holder shall
Federal Register / Vol. 61, No. 116 / Friday, June 14, 1996 / Rules and Regulations 30435

designate one pilot as pilot in command

and the other second in command.

* * * * *

14. Section 121.404 is revised to read

as follows:

§ 121.404 Compliance dates: Crew and

dispatcher resource management training.

After March 19, 1998, no certificate

holder may use a person as a flight

crewmember, and after March 19, 1999,

no certificate holder may use a person

as a flight attendant or aircraft

dispatcher unless that person has

completed approved crew resource

management (CRM) or dispatcher

resource management (DRM) initial

training, as applicable, with that

certificate holder or with another

certificate holder.

15. Section 121.406 is amended by

revising the section heading to read as

follows:

§ 121.406 Credit for previous CRM/DRM

training.

* * * * *

16. Section 121.431 is amended by

revising the second sentence of

paragraph (a) to read as follows:

§ 121.431 Applicability.

(a) * * * The qualification

requirements of this subpart also apply

to each certificate holder that conducts

commuter operations under part 135 of

this chapter with airplanes for which

two pilots are required by the aircraft

type certification rules of this chapter

* * *

* * * * *

17. Section 121.721 is revised to read

as follows:

§ 121.721 Applicability.

This section describes the certificates

that were issued to United States

citizens who were employed by air

carriers at the time of issuance as flight

crewmembers on United States

registered aircraft engaged in

international air commerce. The

purpose of the certificate is to facilitate

the entry and clearance of those

crewmembers into ICAO contracting

states. They were issued under Annex 9,

as amended, to the Convention on

International Civil Aviation.

18. Section 121.723 is revised to read

as follows:

§ 121.723 Surrender of international

crewmember certificate.

The holder of a certificate issued

under this section, or the air carrier by

whom the holder is employed, shall

surrender the certificate for cancellation

at the nearest FAA Flight Standards

District Office at the termination of the

holder’s employment with that air

carrier.

PART 135—OPERATING

REQUIREMENTS: COMMUTER AND

ON-DEMAND OPERATIONS

19. The authority citation for part 135

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701–

44702, 44705, 44709, 44711–44713, 44715–

44717, 44722.

20. Section 135.2 is amended by

removing paragraphs (h) and (i), by

revising the first sentence of paragraph

(c), and by revising (d)(1) introductory

text, and (d)(2) introductory text to read

as follows:

§ 135.2 Compliance schedule for operators

that transition to part 121 of this chapter;

certain new entrant operators.

* * * * *

(c) Regular or accelerated compliance.

Except as provided in paragraphs (d),

and (e) of this section, each certificate

holder described in paragraph (a)(1) of

this section shall comply with each

applicable requirement of part 121 of

this chapter on and after March 20, 1997

or on and after the date on which the

certificate holder is issued operations

specifications under this part,

whichever occurs first. * * *

(d) * * *

(1) Nontransport category

turbopropeller powered airplanes type

certificated after December 31, 1964,

that have a passenger seat configuration

of 10–19 seats. No certificate holder may

operate under this part an airplane that

is described in paragraph (a)(1)(i) of this

section on or after a date listed in

paragraph (d)(1) of this section unless

that airplane meets the applicable

requirement listed in paragraph (d)(1) of

this section:

* * * * *

(2) Transport category turbopropeller

powered airplanes that have a

passenger seat configuration of 20–30

seats. No certificate holder may operate

under this part an airplane that is

described in paragraph (a)(1)(ii) of this

section on or after a date listed in

paragraph (d)(2) of this section unless

that airplane meets the applicable

requirement listed in paragraph (d)(2) of

this section:

* * * * *

21. Section 135.3 is amended by

revising the first sentence of paragraph

(b) to read as follows:

§ 135.3 Rules applicable to operations

subject to this part.

* * * * *

(b) After March 19, 1997, each

certificate holder that conducts

commuter operations under this part

with airplanes in which two pilots are

required by the type certification rules

of this chapter shall comply with

subparts N and O of part 121 of this

chapter instead of the requirements of

subparts E, G, and H of this part. * * *

* * * * *

22. Section 135.43 is revised to read

as follows:

§ 135.43 Crewmember certificates:

International operations.

(a) This section describes the

certificates that were issued to United

States citizens who were employed by

air carriers at the time of issuance as

flight crewmembers on United States

registered aircraft engaged in

international air commerce. The

purpose of the certificate is to facilitate

the entry and clearance of those

crewmembers into ICAO contracting

states. They were issued under Annex 9,

as amended, to the Convention on

International Civil Aviation.

(b) The holder of a certificate issued

under this section, or the air carrier by

whom the holder is employed, shall

surrender the certificate for cancellation

at the nearest FAA Flight Standards

District Office at the termination of the

holder’s employment with that air

carrier.

23. Section 135.64 is amended by

revising paragraph (b)(2) to read as

follows:

§ 135.64 Retention of contracts and

amendments: Commercial operators who

conduct intrastate operations for

compensation or hire.

* * * * *

(b) * * *

(2) The information required by

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

chapter;

* * * * *

Issued in Washington, DC, on June 4, 1996.

Donald P. Byrne,

Assistant Chief Counsel for Regulations.

[FR Doc. 96–14565 Filed 6–13–96; 8:45 am]

BILLING CODE 4910–13–M