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Title 14 – Aeronautics and Space–Volume 3

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Title 14 – Aeronautics and Space–Volume 3


Part


chapter I – Federal Aviation Administration, Department of Transportation (Continued)

110

CHAPTER I – FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (CONTINUED)

SUBCHAPTER G – AIR CARRIERS AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS

PART 110 – GENERAL REQUIREMENTS


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.


Source:Docket No. FAA-2009-0140, 76 FR 7486, Feb. 10, 2011, unless otherwise noted.

§ 110.1 Applicability.

This part governs all operations conducted under subchapter G of this chapter.


§ 110.2 Definitions.

For the purpose of this subchapter, the term –


All-cargo operation means any operation for compensation or hire that is other than a passenger-carrying operation or, if passengers are carried, they are only those specified in § 121.583(a) or § 135.85 of this chapter.


Commercial air tour means a flight conducted for compensation or hire in an airplane or helicopter where a purpose of the flight is sightseeing. The FAA may consider the following factors in determining whether a flight is a commercial air tour:


(1) Whether there was a holding out to the public of willingness to conduct a sightseeing flight for compensation or hire;


(2) Whether the person offering the flight provided a narrative that referred to areas or points of interest on the surface below the route of the flight;


(3) The area of operation;


(4) How often the person offering the flight conducts such flights;


(5) The route of flight;


(6) The inclusion of sightseeing flights as part of any travel arrangement package;


(7) Whether the flight in question would have been canceled based on poor visibility of the surface below the route of the flight; and


(8) Any other factors that the FAA considers appropriate.


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:


(1) Airplanes, other than turbojet-powered airplanes, having a maximum passenger-seat configuration of 9 seats or less, excluding each 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.


DOD commercial air carrier evaluator means a qualified Air Mobility Command, Survey and Analysis Office cockpit evaluator performing the duties specified in Public Law 99-661 when the evaluator is flying on an air carrier that is contracted or pursuing a contract with the U.S. Department of Defense (DOD).


Domestic operation means any scheduled operation conducted by any person operating any airplane described in paragraph (1) of this definition at locations described in paragraph (2) of this definition:


(1) Airplanes:


(i) Turbojet-powered airplanes;


(ii) Airplanes having a passenger-seat configuration of more than 9 passenger seats, excluding each 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) Operations solely within the 48 contiguous States of the United States or the District of Columbia; or


(iii) Operations entirely within any State, territory, or possession of the United States; or


(iv) When specifically authorized by the Administrator, operations 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 at the locations described in paragraph (2) of this definition:


(1) Airplanes:


(i) Turbojet-powered airplanes;


(ii) Airplanes having a passenger-seat configuration of more than 9 passenger seats, excluding each 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 and the District of Columbia.


(iii) Between any point outside the U.S. and another point outside the U.S.


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 on-demand 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 flightcrew members – 180 pounds.


(B) For female flightcrew members – 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 or the oil capacity as specified on the Type Certificate Data Sheet.


(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 conducted as a public charter under part 380 of this chapter or any operations in which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer’s representative that are any of the following types of operations:


(i) Common carriage operations conducted with airplanes, including turbojet-powered airplanes, having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less, 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) of this chapter for those operations are considered supplemental operations;


(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


(iii) Any rotorcraft operation.


(2) Scheduled passenger-carrying operations conducted with one of the following types of aircraft with a frequency of operations of less than five round trips per week on at least one route between two or more points according to the published flight schedules:


(i) Airplanes, other than turbojet powered airplanes, having a maximum passenger-seat configuration of 9 seats or less, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds or less; or


(ii) Rotorcraft.


(3) 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.


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 passenger-carrying operation that is conducted as a public charter operation under part 380 of this chapter.


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 passenger-seat configuration of more than 30 seats, excluding each crewmember seat;


(ii) Airplanes having a payload capacity of more than 7,500 pounds; or


(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) of this chapter 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) of this chapter 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;


(ii) All-cargo operations; or


(iii) Passenger-carrying public charter operations conducted under part 380 of this chapter.


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.


(4) Private carriage.


Years in service means the calendar time elapsed since an aircraft was issued its first U.S. or first foreign airworthiness certificate.


[Docket No. FAA-2009-0140, 76 FR 7486, Feb. 10, 2011, as amended by Docket FAA-2018-0119, Amdt. 110-2, 83 FR 9172, Mar. 5, 2018]


PART 111 – PILOT RECORDS DATABASE


Authority:49 U.S.C. 106(f), 106(g), 40101, 40113, 44701, 44703, 44711, 46105, 46301.


Source:86 FR 31060, June 10, 2021, unless otherwise noted.

Subpart A – General

§ 111.1 Applicability.

(a) This part prescribes rules governing the use of the Pilot Records Database (PRD).


(b) Except as provided in subsection (c) of this section, this part applies to:


(1) Each operator that holds an air carrier or operating certificate issued in accordance with part 119 of this chapter and is authorized to conduct operations under part 121, 125, or 135 of this chapter.


(2) Each operator that holds management specifications for a fractional ownership program issued in accordance with subpart K of part 91 of this chapter.


(3) Each operator that holds a letter of authorization issued in accordance with § 91.147 of this chapter.


(4) Each operator that operates two or more aircraft described in paragraph (b)(4)(i) or (ii) of this section, in furtherance of or incidental to a business, solely pursuant to the general operating and flight rules in part 91 of this chapter, or that operates aircraft pursuant to a Letter of Deviation Authority issued under § 125.3 of this chapter.


(i) Standard airworthiness airplanes that require a type rating under § 61.31(a) of this chapter.


(ii) Turbine-powered rotorcraft.


(5) Each entity that conducts public aircraft operations as defined in 49 U.S.C. 40102(a)(41) on a flight that meets the qualification criteria for public aircraft status in 49 U.S.C. 40125, unless the entity is any branch of the United States Armed Forces, National Guard, or reserve component of the Armed Forces.


(6) Each trustee in bankruptcy of any operator or entity described in this paragraph, subject to the following criteria:


(i) If any operator subject to the requirements of this subpart files a petition for protection under the Federal bankruptcy laws, the trustee appointed by the bankruptcy court must comply with the requirements of subparts A and C of this part.


(ii) The operator may delegate its authority to the trustee appointed by the bankruptcy court to access the PRD on its behalf in accordance with § 111.20 or the trustee may submit an application to the FAA requesting access to the PRD consistent with the requirements of § 111.15.


(7) Each person that submits or is identified on the application described in § 111.15 and is approved by the Administrator to access the PRD.


(8) Each person who is employed as a pilot by, or is seeking employment as a pilot with, an operator subject to the applicability of this part.


(c) This part does not apply to foreign air carriers or operators subject to part 375 of this title.


§ 111.5 Compliance date.

(a) Compliance with this part is required by September 9, 2024, except as provided in §§ 111.15, 111.100, 111.200, and 111.255.


(b) Beginning on September 9, 2024, the Pilot Records Improvement Act (PRIA) ceases to be effective and will not be an available alternative to PRD for operators, entities, or trustees to which this subpart applies.


§ 111.10 Definitions.

Link to an amendment published at 86 FR 31067, June 10, 2021.

For purposes of this part, the term –


Authorized user means an individual who is employed by an operator, entity, or trustee and who is designated by a responsible person to access the PRD on behalf of the employer for purposes of reporting and evaluating records that pertain to an individual pilot applicant.


Begin service as a pilot means the earliest date on which a pilot serves as a pilot flight crewmember or is assigned duties as a pilot in flight for an operator or entity that is subject to the applicability of this part.


Final disciplinary action record means a last-in-time record of corrective or punitive action taken by an operator or entity who is subject to the applicability of this part in response to an event pertaining to pilot performance. No disciplinary action is considered final until the operator determines the action is not subject to any pending dispute.


Final separation from employment record means a last-in-time record of any action ending the employment relationship between a pilot and an operator or entity who is subject to the applicability of this part. No separation from employment is considered final until the operator determines the separation is not subject to any pending dispute.


Historical record means a record that an operator subject to the applicability of Subpart C of this part must generate and maintain in accordance with 49 U.S.C. 44703(h)(4) and must report to the PRD in accordance with 49 U.S.C. 44703(i)(15)(C)(iii).


PRD Date of Hire means:


(1) The earliest date on which an individual:


(i) Begins any form of required training in preparation for the individual’s service as a pilot on behalf of an operator or entity subject to the applicability of this part; or


(ii) Performs any duty as a pilot for an operator or entity subject to the applicability of this part.


(2) This definition includes both direct employment and employment that occurs on a contract basis for any form of compensation.


Proxy means a person who is designated by a responsible person to access the PRD on behalf of an operator, entity, or trustee subject to the applicability of this part for purposes of reporting or retrieving records.


Record pertaining to pilot performance means a record of an activity or event directly related to a pilot’s responsibilities or completion of the core duties in conducting safe aircraft operations, as assigned by the operator employing the pilot.


Reporting entity means an operator, entity, or trustee that is subject to the applicability of subpart C of part 111, including its responsible person, authorized users, and proxies.


Responsible person means the individual identified on the application required by § 111.15 and who meets at least one of the criteria in § 111.15(e).


Reviewing entity means operator that is subject to the applicability of subpart B of part 111, including its responsible person, authorized users, and proxies.


§ 111.15 Application for database access.

(a)(1) Each operator or entity to which this part applies that plans to initiate operations after September 8, 2021, must submit the application required by this section to the FAA at least 30 days before the operator or entity initiates aircraft operations.


(2) Within 30 days of appointment by a bankruptcy court as described in § 111.1(b)(6)(i), a trustee must submit the application required by this section or receive delegation of access from the applicable operator or entity.


(b) The application required by this section must contain the following information:


(1) The full name, job title, telephone number, and electronic mail address of the responsible person who is authorized to submit the application in accordance with paragraph (d) of this section;


(2) The name of the operator, entity, or trustee;


(3) The FAA air carrier or operating certificate number, as applicable; and


(4) Any other item the Administrator determines is necessary to verify the identity of all individuals designated by an operator, entity, or trustee to access the PRD.


(c) The application required by this section must be submitted by a responsible person who holds at least one of the following positions, unless otherwise approved by the Administrator:


(1) For each operator that holds an air carrier or operating certificate issued in accordance with part 119 for operations under part 121, a person serving in a management position required by § 119.65(a) of this chapter.


(2) For each operator that holds an operating certificate issued in accordance with part 119 for operations under part 125, a person serving in a management position required by § 125.25(a) of this chapter.


(3) For each operator that holds an operating certificate issued in accordance with part 119 for operations under part 135 using more than one pilot in its operations, a person serving in a management position required by § 119.69(a) of this chapter.


(4) For each operator that holds an operating certificate issued in accordance with part 119 for operations under part 135 authorized to use only one pilot in its operations, the pilot named in that certificate holder’s operation specifications.


(5) For each operator that holds a letter of authorization issued in accordance with § 91.147 of this chapter, an individual designated as the responsible person on the operator’s letter of authorization.


(6) For each operator that holds management specifications for a fractional ownership program issued in accordance with subpart K of part 91 of this chapter, an authorized individual designated by the fractional ownership program manager, as defined in § 91.1001(b) of this chapter, who is employed by the fractional ownership program and whose identity the Administrator has verified.


(7) For any other operator or entity subject to the applicability of this part, or any trustee appointed in a bankruptcy proceeding, an individual authorized to sign and submit the application required by this section who is employed by the operator and whose identity the Administrator has verified.


(d) Each operator, entity, or trustee must submit to the FAA –


(1) An amended application for database access no later than 30 days after any change to the information included on the initial application for database access occurs, except when the change pertains to the identification or designation of the responsible person.


(2) An amended application identifying another responsible person eligible for database access in accordance with this section, immediately when the operator, entity, or trustee is aware of information that would cause the current responsible person’s database access to be cancelled or denied.


(e) Upon approval by the FAA of a request for access to the PRD, each person identified in paragraph (e) is authorized to:


(1) Access the database for purposes consistent with the provisions of this part, on behalf of the operator, entity, or trustee for which the person is authorized, for purposes consistent with the provisions of this part; and


(2) Delegate PRD access to authorized users and proxies in accordance with § 111.20.


[86 FR 31060, June 10, 2021, as amended at 86 FR 31067, June 10, 2021]


§ 111.20 Database access.

(a) Delegation. The responsible person may delegate PRD access to authorized users or proxies for purposes of compliance by the operator, entity, or trustee with the requirements of subpart B or C of this part.


(b) Terms for access. No person may use the PRD for any purpose other than to inform a hiring decision concerning a pilot or to report information on behalf of the operator, entity, or trustee.


(c) Continuing access for authorized users and proxies. PRD access by authorized users and proxies is contingent on the continued validity of the responsible person’s electronic access. If a responsible person’s electronic access is cancelled, the database access of authorized users and proxies will be cancelled unless the operator, entity, or trustee submits an amended application for database access and receives FAA approval of that application in accordance with § 111.15.


§ 111.25 Denial of access.

(a) The Administrator may deny PRD access to any person for failure to comply with any of the duties or responsibilities prescribed by this part or as necessary to preserve the security and integrity of the database, which includes but is not limited to –


(1) Making a fraudulent or intentionally false report of information to the database; or


(2) Misusing or misappropriating user rights or protected information in the database.


(b) The Administrator may deny any operator or entity access to the PRD if the Administrator revokes or suspends the operating certificate or other authorization to operate.


(c) Any person whose access to the database has been denied by the Administrator may submit a request for reconsideration of the denial in a form and manner the Administrator provides. Database access will not be permitted pending reconsideration.


§ 111.30 Prohibited access and use.

(a) No person may access the database for any purpose other than the purposes provided by this part.


(b) No person may share, distribute, publish, or otherwise release any record accessed in the database to any person or individual not directly involved in the hiring decision, unless specifically authorized by law or unless the person sharing or consenting to share the record is the subject of the record.


(c) Each person that accesses the PRD to retrieve a pilot’s records must protect the confidentiality of those records and the privacy of the pilot as to those records.


§ 111.35 Fraud and falsification.

No person may make, or cause to be made, a fraudulent or intentionally false statement, or conceal or cause to be concealed a material fact, in –


(a) Any application or any amendment to an application submitted in accordance with the requirements of this part;


(b) Any other record reported to the PRD in accordance with the requirements of this part; or


(c) Any record or report that is kept, made, or used to show compliance with this part.


§ 111.40 Record retention.

(a) The Administrator will maintain a pilot’s records in the PRD for the life of the pilot. Any person requesting removal of the records pertaining to an individual pilot must notify the FAA of the pilot’s death in a form and manner acceptable to the Administrator.


(b) The notification must include the following:


(1) The full name of the pilot as it appears on his or her pilot certificate;


(2) The pilot’s FAA-issued certificate number; and


(3) A certified copy of the individual’s certificate of death.


Subpart B – Access to and Evaluation of Records

§ 111.100 Applicability.

(a) This subpart prescribes requirements for the following reviewing entities:


(1) Each operator that holds an air carrier or operating certificate issued by the Administrator in accordance with part 119 of this chapter and is authorized to conduct operations under part 121, part 125, or part 135 of this chapter.


(2) Each operator that holds management specifications to operate in accordance with subpart K of part 91 of this chapter.


(3) Each operator that holds a letter of authorization to conduct air tour operations in accordance with § 91.147 of this chapter.


(b) If an operator described in § 111.1(b)(4) or an entity described in § 111.1(b)(5) accesses the PRD to review records in accordance with this subpart, the operator or entity must comply with § 111.120.


[86 FR 31060, June 10, 2021, as amended at 86 FR 31067, June 10, 2021]


§ 111.105 Evaluation of pilot records.

(a) Except as provided in § 111.115, no reviewing entity may permit an individual to begin service as a pilot until the reviewing entity has evaluated all relevant information in the PRD.


(b) Evaluation must include review of all of the following information pertaining to that pilot:


(1) All FAA records in the PRD as described in § 111.135.


(2) All records in the PRD submitted by a reporting entity.


(3) All motor vehicle driving records obtained in accordance with § 111.110.


(4) The employment history the pilot provides to the PRD in accordance with subpart D of this part. If, upon review of the employment history provided by the pilot and the records described in (b)(2) of this section, a reviewing entity determines that records might be available that the pilot’s previous employer has not yet uploaded in the database, the reviewing entity must submit a request to the pilot’s previous employer(s) through the PRD to report any applicable records in accordance with the process in § 111.215(b).


§ 111.110 Motor vehicle driving record request.

(a) Except as provided in paragraph (d) of this section, no reviewing entity may permit an individual to begin service as a pilot unless the reviewing entity has requested and evaluated all relevant information identified through a National Driver Register (NDR) search set forth in chapter 303 of Title 49 concerning the individual’s motor vehicle driving history in accordance with the following:


(1) The reviewing entity must obtain the written consent of that individual, in accordance with § 111.310, before requesting an NDR search for the individual’s State motor vehicle driving records;


(2) After obtaining the written consent of the individual, the reviewing entity must submit a request to the NDR to determine whether any State maintains relevant records pertaining to that individual; and


(3) When the NDR search result is returned, if the NDR search result indicates that records exist concerning that individual, the reviewing entity must submit a request for the relevant motor vehicle driving records to each chief driver licensing official of each State identified in the NDR search result.


(b) Each reviewing entity must document in the PRD that the reviewing entity complied with this section, as prescribed at § 111.240.


(c) Upon the Administrator’s request, each reviewing entity must provide documentation showing the reviewing entity has conducted the search required by paragraph (a). The reviewing entity must retain this documentation for five years.


(d) This section does not apply to operators described in § 111.100(a)(2) through (3).


§ 111.115 Good faith exception.

Reviewing entities may allow an individual to begin service as a pilot without first evaluating records in accordance with § 111.105 only if the reviewing entity –


(a) Made a documented, good faith attempt to access all necessary information maintained in the PRD that the reviewing entity is required to evaluate; and


(b) Received notice from the Administrator that information is missing from the PRD pertaining to the individual’s employment history as a pilot.


§ 111.120 Pilot consent and right of review.

(a) No reviewing entity may retrieve records in the PRD pertaining to any pilot prior to receiving that pilot’s written consent authorizing the release of that pilot’s information maintained in the PRD.


(b) The consent required in paragraph (a) of this section must be documented by that pilot in accordance with § 111.310.


(c) Any pilot who submits written consent to a reviewing entity in accordance with § 111.310(c) may request a copy of any State motor vehicle driving records the reviewing entity obtained regarding that pilot in accordance with § 111.110. The reviewing entity must provide to the pilot all copies of State motor vehicle driving records obtained within 30 days of receiving the request from that pilot.


§ 111.135 FAA records.

No reviewing entity may permit an individual to begin service as a pilot unless a responsible person or authorized user has accessed and evaluated all relevant FAA records for that individual in the PRD, including:


(a) Records related to current pilot and medical certificate information, including associated type ratings and information on any limitations to those certificates and ratings.


(b) Records maintained by the Administrator concerning any failed attempt of an individual to pass a practical test required to obtain a certificate or type rating under part 61 of this chapter.


(c) Records related to enforcement actions resulting in a finding by the Administrator, which was not subsequently overturned, of a violation of title 49 of the United States Code or a regulation prescribed or order issued under that title.


(d) Records related to an individual acting as pilot in command or second in command during an aviation accident or incident.


(e) Records related to an individual’s pre-employment drug and alcohol testing history and other U.S. Department of Transportation drug and alcohol testing including:


(1) Verified positive drug test results;


(2) Alcohol misuse violations, including confirmed alcohol results of 0.04 or greater; and


(3) Refusals to submit to drug or alcohol testing.


Subpart C – Reporting of Records by Air Carriers and Operators

§ 111.200 Applicability.

Link to an amendment published at 86 FR 31067, June 10, 2021.

(a) This subpart prescribes the requirements for reporting records to the PRD about individuals employed as pilots and applies to the following reporting entities:


(1) Each operator that holds an air carrier or operating certificate issued in accordance with part 119 of this chapter and is authorized to conduct operations under part 121, 125, or 135 of this chapter.


(2) Each operator that holds management specifications to operate in accordance with subpart K of part 91 of this chapter.


(3) Each operator that holds a letter of authorization to conduct air tour operations in accordance with § 91.147 of this chapter.


(4) Each operator described in § 111.1(b)(4).


(5) Each entity that conducts public aircraft operations as described in § 111.1(b)(5).


(6) The trustee in bankruptcy of any operator described in this section.


(b) Compliance is required for this subpart as follows:


(1) Compliance with this subpart is required within 30 days of the reporting entity commencing aircraft operations.


(2) Specific compliance dates for records described in § 111.205(b)(2) are set forth in § 111.255.


[86 FR 31060, June 10, 2021, as amended at 86 FR 31067, June 10, 2021]


§ 111.205 Reporting requirements.

Link to an amendment published at 86 FR 31067, June 10, 2021.

(a) Each reporting entity must provide the information required in paragraph (b) of this section for any individual employed as a pilot beginning on the PRD date of hire for that individual.


(b) Each reporting entity must report the following records to the PRD for each individual employed as a pilot:


(1) All records described in §§ 111.220 through 111.240 generated on or after June 10, 2022;


(2) All historical records required by § 111.255 of this part, as applicable; and


(3) The PRD date of hire.


(c) No person may enter or cause to be entered into the PRD any information described in § 111.245.


§ 111.210 Format for reporting information.

Each reporting entity must report to the PRD all records required by this subpart for each individual the reporting entity employed as a pilot in a form and manner prescribed by the Administrator.


§ 111.215 Method of reporting.

Link to an amendment published at 86 FR 31067, June 10, 2021.
Link to an amendment published at 86 FR 31067, June 10, 2021.

(a) Except as provided in paragraph (b) of this section of this part, all records created on or after June 10, 2022, and required to be reported to the PRD under this subpart must be reported within 30 days of the effective date of the record, or within 30 days of the record becoming final when the record is a disciplinary action record or a separation from employment record.


(b) Each operator conducting an operation described in § 111.1(b)(4), entity conducting a public aircraft operation, operator conducting an air tour operation under § 91.147, or a trustee for such an operator or entity must either comply with paragraph (a) of this section or report and retain pilot records in accordance with all requirements of this paragraph.


(1) Operators, entities, or trustees listed in this paragraph (b) must report a record described in § 111.225, § 111.230, or § 111.235 to the PRD upon receipt of a request from a reviewing entity within 14 days, unless the record memorializes one or more of the following:


(i) A disciplinary action that resulted in permanent or temporary removal of the pilot from aircraft operations as described in § 111.230, which must be reported in accordance with paragraph (a) of this section.


(ii) A separation from employment action resulting from a termination as described in § 111.235, which must be reported in accordance with paragraph (a) of this section.


(2) If no records are available at time of request from a reviewing entity, the operator, entity, or trustee must provide written confirmation within 14 of the days of the request to the PRD that no records are available.


(3) An operator, entity, or trustee must retain a record eligible to be reported upon request under paragraph (b)(1) of this section for five years from the date of creation, unless the operator or entity already reported that record to the PRD.


(c) For records created before June 10, 2022, and maintained in accordance with PRIA, an operator, entity, or trustee listed in paragraph (b) of this section must continue to maintain all records that would have been provided in response to a PRIA request for five years from the date of creation of the record, and must report that record upon request from a reviewing entity in accordance with paragraph (b).


§ 111.220 Drug and alcohol testing records.

(a) Each operator or trustee required to comply with part 120 of this chapter and subject to the applicability of this subpart must report to the PRD the following records for each individual whom the reporting entity has employed as a pilot:


(1) Records concerning drug testing, including –


(i) Any drug test result verified positive by a Medical Review Officer, that the Medical Review Officer and employer must retain in accordance with § 120.111(a)(1) of this chapter and 49 CFR 40.333(a)(1)(ii);


(ii) Any refusal to submit to drug testing or records indicating substituted or adulterated drug test results, which the employer must retain in accordance with 49 CFR 40.333(a)(1)(iii);


(iii) All return-to-duty drug test results verified by a Medical Review Officer, that the employer must retain in accordance with 49 CFR 40.333(a)(1)(ii) or (iii) or (a)(4);


(iv) All follow-up drug test results verified by a Medical Review Officer, which the employer must retain in accordance with 49 CFR 40.333(a)(1)(v).


(2) Records concerning alcohol misuse, including –


(i) A test result with a confirmed breath alcohol concentration of 0.04 or greater, which the employer must retain in accordance with § 120.219(a)(2)(i)(B) of this chapter;


(ii) Any record pertaining to an occurrence of on-duty alcohol use, pre-duty alcohol use, or alcohol use following an accident, which the employer must retain in accordance with § 120.219(a)(2)(i)(D) of this chapter;


(iii) Any refusal to submit to alcohol testing, that the employer must retain in accordance with § 120.219(a)(2)(i)(B) of this chapter and 49 CFR 40.333(a)(1)(iii);


(iv) All return-to-duty alcohol test results, that the employer must retain in accordance with 49 CFR 40.333(a)(1)(i) or (iii) or (a)(4);


(v) All follow-up alcohol test results, which the employer must retain in accordance with 49 CFR 40.333(a)(1)(v).


(b) Each record reported to the PRD in accordance with paragraph (a) of this section must include the following:


(1) In the case of a drug or alcohol test result:


(i) The type of test administered;


(ii) The date the test was administered; and


(iii) The result of the test.


(2) In the case of alcohol misuse, as described in paragraph (a)(2)(ii) of this section:


(i) The type of each alcohol misuse violation;


(ii) The date of each alcohol misuse violation.


(c) In addition to the requirements of §§ 120.113(d)(3) and 120.221(c), operators required to report in accordance with this section must report records within 30 days of the following occurrences, as applicable:


(1) The date of verification of the drug test result;


(2) The date of the alcohol test result;


(3) The date of the refusal to submit to testing; or


(4) The date of the alcohol misuse occurrence.


§ 111.225 Training, qualification, and proficiency records.

(a) Except as provided in paragraph (b) of this section, each reporting entity must provide to the PRD the following records for each individual whom the reporting entity has employed as a pilot:


(1) Records establishing an individual’s compliance with FAA-required training, qualifications, and proficiency events, which the reporting entity maintains pursuant to § 91.1027(a)(3), § 121.683, § 125.401 or § 135.63(a)(4) of this chapter, as applicable, including comments and evaluations made by a check pilot or evaluator; and


(2) Other records the reporting entity maintains documenting an individual’s compliance with FAA or employer-required training, checking, testing, proficiency, or other events related to pilot performance concerning the training, qualifications, proficiency, and professional competence of the individual, including any comments and evaluations made by a check pilot or evaluator.


(b) No person may report any of the following information for inclusion in the PRD:


(1) Records related to flight time, duty time, and rest time.


(2) Records demonstrating compliance with physical examination requirements or any other protected medical records.


(3) Records documenting recent flight experience.


(4) Records identified in § 111.245.


(c) Each record reported to the PRD in accordance with paragraph (a) of this section must include:


(1) Date of the event;


(2) Aircraft type, if applicable;


(3) Duty position of the pilot, if applicable;


(4) Training program approval part and subpart of this chapter, as applicable;


(5) Crewmember training and qualification curriculum and category of training as reflected in either a FAA-approved or employer-mandated training program;


(6) Result of the event (satisfactory or unsatisfactory);


(7) Comments of check pilot or evaluator, if applicable under part 91, 121, 125, or 135 of this chapter. For unsatisfactory events, the tasks or maneuvers considered unsatisfactory must be included.


(d) An operator, entity, or trustee that complies with § 111.215(b) must report records in accordance with paragraphs (a) through (c) of this section upon request, if that operator or entity possesses those records.


(e)(1) Each reporting entity must provide a record within 30 days of creating that record, in accordance with § 111.215(a), unless the reporting entity is an operator, entity, or trustee complying with § 111.215(b).


(2) An operator, entity, or trustee complying with § 111.215(b) must provide records described in this section or a statement that it does not have any records described in this section within 14 days of receiving a request from a reviewing entity.


§ 111.230 Final disciplinary action records.

(a) Except as provided in paragraph (b) of this section, each reporting entity must provide to the PRD any final disciplinary action record pertaining to pilot performance with respect to an individual whom the reporting entity has employed as a pilot.


(b) No person may report to the PRD any record of disciplinary action that was subsequently overturned because the event prompting the action did not occur or the pilot was not at fault as determined by –


(1) A documented agreement between the employer and the pilot; or


(2) The official and final decision or order of any panel or person with authority to review employment disputes, or by any court of law.


(c) If a reporting entity receives notice that any disciplinary action record reported to the PRD under paragraph (a) of this section was overturned in accordance with paragraph (b), that entity must correct the pilot’s PRD record in accordance with § 111.250 within 10 days.


(d) Each final disciplinary action record that must be reported to the PRD under paragraph (a) of this section must include the following information:


(1) The type of disciplinary action taken by the employer, including written warning, suspension, or termination;


(2) Whether the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations;


(3) The date the disciplinary action occurred; and


(4) Whether there are additional documents available that are relevant to the record.


(e) An operator, entity, or trustee complying with § 111.215(b) must report records described in paragraphs (a) through (d) of this section upon request, unless the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations. If the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations, the operator, entity, or trustee must report the record in accordance with § 111.215(a).


(f)(1) A reporting entity must provide records of final disciplinary actions no later than 30 days after the action is final, unless the reporting entity is an operator, entity or trustee complying with § 111.215(b).


(2) An operator, entity or trustee complying with § 111.215(b) must report records described in this section, or state that it does not have any applicable records, within 14 days of receiving a request from a reviewing entity.


(g) Each reporting entity must:


(1) Retain documents relevant to the record reported under paragraph (a) of this section for five years, if available; and


(2) Provide such documents upon request within 14 days to:


(i) A reviewing entity; or


(ii) The pilot that is the subject of the record.


§ 111.235 Final separation from employment records.

(a) Except as provided in paragraph (b) of this section, each reporting entity must provide to the PRD the following records for each individual whom the reporting entity has employed as a pilot:


(1) Records concerning separation from employment kept pursuant to § 91.1027(a)(3), § 121.683, § 125.401 or § 135.63(a)(4) of this chapter; and


(2) Records pertaining to pilot performance kept concerning separation from employment for each pilot that it employs.


(b) No person may report to the PRD any record regarding separation from employment that was subsequently overturned because the event prompting the action did not occur or the pilot was not at fault as determined by –


(1) A documented agreement between the employer and the pilot; or


(2) The official and final decision or order of any panel or individual given authority to review employment disputes, or by any court of law.


(c) If a reporting entity receives notice that any separation from employment record reported to the PRD under paragraph (a) of this section was overturned in accordance with paragraph (b) of this section, that entity must correct the pilot’s PRD record in accordance with § 111.250 within 10 days.


(d) Each separation from employment action record that must be reported to the PRD in accordance with paragraph (a) of this section must include a statement of the purpose for the separation from employment action, including:


(1) Whether the separation resulted from a termination as a result of pilot performance, including professional disqualification;


(2) Whether the separation is based on another reason, including but not limited to physical (medical) disqualification, employer-initiated separation not related to pilot performance, or any resignation, including retirement;


(3) The date of separation from employment; and


(4) Whether there are additional documents available that are relevant to the record.


(e) An operator, entity, or trustee complying with § 111.215(b) must report the records described in paragraphs (a) through (d) of this section upon request, unless the separation from employment action resulted from a termination. If the separation from employment record resulted from a termination, the operator, entity, or trustee must report the record in accordance with § 111.215(a).


(f)(1) A reporting entity must provide any records of separation from employment actions no later than 30 days after the date of separation from employment is final, unless the reporting entity is an operator, entity, or trustee complying with § 111.215(b).


(2) An operator, entity, or trustee complying with § 111.215(b) must report records described in this section or state that it does not have any applicable records within 14 days of receiving a request from a reviewing entity.


(g) Each reporting entity must:


(1) Retain documents relevant to the record reported under paragraph (a) of this section for five years, if available; and


(2) Provide such documents upon request within 14 days to:


(i) A reviewing entity; or


(ii) The pilot that is the subject of the record.


§ 111.240 Verification of motor vehicle driving record search and evaluation.

(a) Each operator subject to the requirements of § 111.110 of this part must document in the PRD within 45 days of the pilot’s PRD date of hire that the operator met the requirements of § 111.110.


(b) No operator may report any substantive information from State motor vehicle driving records pertaining to any individual obtained in accordance with § 111.110 for inclusion in the PRD.


§ 111.245 Special rules for protected records.

No person may report any pilot record for inclusion in the PRD that was reported by any individual as part of any approved Voluntary Safety Reporting Program for which the FAA has designated reported information as protected in accordance with part 193 of this chapter.


§ 111.250 Correction of reported information and dispute resolution.

(a) A reporting entity that discovers or is informed of a perceived error or inaccuracy in information previously reported to the PRD must correct that record in the PRD within 10 days of identification, or initiate dispute resolution in accordance with paragraph (b) of this section.


(b) Each reporting entity must –


(1) Initiate investigation of any dispute within 30 days of determining that it does not agree that the record identified is inaccurate.


(2) Provide final disposition within a reasonable amount of time to any request for dispute resolution made by an individual about PRD records.


(3) Document in the PRD the final disposition of any dispute made by a pilot in accordance with this paragraph (b) and § 111.320.


§ 111.255 Reporting historical records to PRD.

Link to an amendment published at 86 FR 31067, June 10, 2021.

(a) Each operator that holds an air carrier certificate issued in accordance with part 119 of this chapter and is authorized to conduct operations under part 121 or part 135 of this chapter must report to the PRD all historical records kept in accordance with PRIA dating from August 1, 2005 until June 10, 2022, in a form and manner prescribed by the Administrator.


(b) Each operator that holds an operating certificate issued in accordance with part 119 of this chapter and is authorized to conduct operations under part 121, 125, or 135 of this chapter or that holds management specifications to operate in accordance with subpart K of part 91 of this chapter must report to the PRD all historical records kept in accordance with PRIA dating from August 1, 2010, until June 10, 2022, in a form and manner prescribed by the Administrator.


(c) If an operator required to report historical records to the PRD in accordance with this section is appointed a trustee in a bankruptcy proceeding, the trustee must report the operator’s historical records.


(d) Compliance for reporting historical records that date on or after January 1, 2015, is required by June 12, 2023. Compliance for records that date before January 1, 2015, is required by September 9, 2024.


(e) An operator or trustee subject to the applicability of this subpart must maintain all historical records reported to the PRD in accordance with paragraphs (a) and (b) of this section for at least five years after reporting those records.


(f) An operator or trustee is not required to report historical records for any individual who is 99 years of age or older on June 10, 2022.


(g)(1)The Administrator may authorize a request for deviation from paragraph (d) of this section based on a determination that a delay in compliance, due to circumstance beyond control of the operatoror trustee reporting historical records, would not adversely affect safety.


(2) A request for deviation from paragraph (d) of this section must include the following information:


(i) The name of the operator or trustee;


(ii) The name of the responsible person;


(iii) The name of the pilot(s) who are the subject of the record;


(iv) Historical record type for which deviation is requested;


(v) Date range of records; and


(vi) Justification for the request for deviation, including a description of the circumstance referenced in (g)(1).


(3) Operators and trustees granted deviation in accordance with this paragraph must continue to retain historical records and respond to requests for such records for the term of that deviation in a form and manner prescribed by the Administrator.


(4) The Administrator may, at any time, terminate a grant of deviation issued under this paragraph.


Subpart D – Pilot Access and Responsibilities

§ 111.300 Applicability.

This subpart applies to each individual who is employed as a pilot by, or is seeking employment as a pilot with, an operator or entity subject to the applicability of this part, as set forth in § 111.1.


§ 111.305 Application for database access.

(a) A pilot must request electronic access to the PRD by submitting an application in a form and manner acceptable to the Administrator. Except as provided in § 111.315(c), electronic access to the PRD is required when –


(1) The pilot seeks to review and obtain a copy of that pilot’s own comprehensive PRD record;


(2) The pilot gives consent to a particular operator to access that pilot’s comprehensive PRD record; or


(3) The pilot exercises any other privileges provided by this part.


(b) The application required in paragraph (a) of this section must include, at a minimum, the following information:


(1) The pilot’s full name as it appears on his or her pilot certificate.


(2) The pilot’s FAA-issued certificate number.


(3) A current mailing address and telephone number.


(4) An electronic mail address.


(5) Any additional information that the Administrator might request to verify the identity of the pilot requesting access to the PRD.


(c) The application required in paragraph (a) of this section must be submitted at least 7 days before the pilot seeks to access the PRD.


§ 111.310 Written consent.

(a) Before any operator may access a pilot’s records in the PRD, that pilot must apply for access to the PRD in accordance with § 111.305 and provide written consent to the FAA for release of that pilot’s records to the operator, in a form and manner acceptable to the Administrator.


(b) Provision of consent must include an affirmation that the employment history of the pilot for five years preceding the date of consent is accurate and complete. If the pilot finds the employment history is not complete, the pilot must update the employment history to list all past employers.


(c) Before an operator submits a request to the NDR for an individual’s motor vehicle driving record for purposes of compliance with § 111.110, the individual must provide written consent specific to the NDR search.


§ 111.315 Pilot right of review.

(a) Once a pilot has received electronic access in accordance with § 111.305, the pilot may access the PRD to review all records pertaining to that pilot.


(b) A pilot who submits written consent to a reviewing entity in accordance with § 111.310(c) may request a copy of any State motor vehicle driving records obtained by the reviewing entity in accordance with § 111.110.


(c) A pilot may review all records contained in the PRD pertaining to that pilot, without accessing the PRD and without obtaining electronic access issued in accordance with § 111.305, upon submission of a form provided by the Administrator to confirm the pilot’s identity.


§ 111.320 Reporting errors and requesting corrections.

A pilot who identifies an error or inaccuracy in that pilot’s PRD records must report the error or inaccuracy to the PRD in a form and manner acceptable to the Administrator.


PARTS 112-116 [RESERVED]

PART 117 – FLIGHT AND DUTY LIMITATIONS AND REST REQUIREMENTS: FLIGHTCREW MEMBERS


Authority:49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46901, 44903-44904, 44912, 46105.


Source:Docket No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012, unless otherwise noted.

§ 117.1 Applicability.

(a) This part prescribes flight and duty limitations and rest requirements for all flightcrew members and certificate holders conducting passenger operations under part 121 of this chapter.


(b) This part applies to all operations directed by part 121 certificate holders under part 91, other than subpart K, of this chapter if any segment is conducted as a domestic passenger, flag passenger, or supplemental passenger operation.


(c) This part applies to all flightcrew members when participating in an operation under part 91, other than subpart K of this chapter, on behalf of the part 121 certificate holder if any flight segment is conducted as a domestic passenger, flag passenger, or supplemental passenger operation


(d) Notwithstanding paragraphs (a), (b) and (c) of this section, a certificate holder may conduct under part 117 its part 121 operations pursuant to 121.470, 121.480, or 121.500.


§ 117.3 Definitions.

In addition to the definitions in §§ 1.1 and 110.2 of this chapter, the following definitions apply to this part. In the event there is a conflict in definitions, the definitions in this part control for purposes of the flight and duty limitations and rest requirements of this part.


Acclimated means a condition in which a flightcrew member has been in a theater for 72 hours or has been given at least 36 consecutive hours free from duty.


Airport/standby reserve means a defined duty period during which a flightcrew member is required by a certificate holder to be at an airport for a possible assignment.


Augmented flightcrew means a flightcrew that has more than the minimum number of flightcrew members required by the airplane type certificate to operate the aircraft to allow a flightcrew member to be replaced by another qualified flightcrew member for in-flight rest.


Calendar day means a 24-hour period from 0000 through 2359 using Coordinated Universal Time or local time.


Certificate holder means a person who holds or is required to hold an air carrier certificate or operating certificate issued under part 119 of this chapter.


Deadhead transportation means transportation of a flightcrew member as a passenger or non-operating flightcrew member, by any mode of transportation, as required by a certificate holder, excluding transportation to or from a suitable accommodation. All time spent in deadhead transportation is duty and is not rest. For purposes of determining the maximum flight duty period in Table B of this part, deadhead transportation is not considered a flight segment.


Duty means any task that a flightcrew member performs as required by the certificate holder, including but not limited to flight duty period, flight duty, pre- and post-flight duties, administrative work, training, deadhead transportation, aircraft positioning on the ground, aircraft loading, and aircraft servicing.


Fatigue means a physiological state of reduced mental or physical performance capability resulting from lack of sleep or increased physical activity that can reduce a flightcrew member’s alertness and ability to safely operate an aircraft or perform safety-related duties.


Fatigue risk management system (FRMS) means a management system for a certificate holder to use to mitigate the effects of fatigue in its particular operations. It is a data-driven process and a systematic method used to continuously monitor and manage safety risks associated with fatigue-related error.


Fit for duty means physiologically and mentally prepared and capable of performing assigned duties at the highest degree of safety.


Flight duty period (FDP) means a period that begins when a flightcrew member is required to report for duty with the intention of conducting a flight, a series of flights, or positioning or ferrying flights, and ends when the aircraft is parked after the last flight and there is no intention for further aircraft movement by the same flightcrew member. A flight duty period includes the duties performed by the flightcrew member on behalf of the certificate holder that occur before a flight segment or between flight segments without a required intervening rest period. Examples of tasks that are part of the flight duty period include deadhead transportation, training conducted in an aircraft or flight simulator, and airport/standby reserve, if the above tasks occur before a flight segment or between flight segments without an intervening required rest period.


Home base means the location designated by a certificate holder where a flightcrew member normally begins and ends his or her duty periods.


Lineholder means a flightcrew member who has an assigned flight duty period and is not acting as a reserve flightcrew member.


Long-call reserve means that, prior to beginning the rest period required by § 117.25, the flightcrew member is notified by the certificate holder to report for a flight duty period following the completion of the rest period.


Physiological night’s rest means 10 hours of rest that encompasses the hours of 0100 and 0700 at the flightcrew member’s home base, unless the individual has acclimated to a different theater. If the flightcrew member has acclimated to a different theater, the rest must encompass the hours of 0100 and 0700 at the acclimated location.


Report time means the time that the certificate holder requires a flightcrew member to report for an assignment.


Reserve availability period means a duty period during which a certificate holder requires a flightcrew member on short call reserve to be available to receive an assignment for a flight duty period.


Reserve flightcrew member means a flightcrew member who a certificate holder requires to be available to receive an assignment for duty.


Rest facility means a bunk or seat accommodation installed in an aircraft that provides a flightcrew member with a sleep opportunity.


(1) Class 1 rest facility means a bunk or other surface that allows for a flat sleeping position and is located separate from both the flight deck and passenger cabin in an area that is temperature-controlled, allows the flightcrew member to control light, and provides isolation from noise and disturbance.


(2) Class 2 rest facility means a seat in an aircraft cabin that allows for a flat or near flat sleeping position; is separated from passengers by a minimum of a curtain to provide darkness and some sound mitigation; and is reasonably free from disturbance by passengers or flightcrew members.


(3) Class 3 rest facility means a seat in an aircraft cabin or flight deck that reclines at least 40 degrees and provides leg and foot support.


Rest period means a continuous period determined prospectively during which the flightcrew member is free from all restraint by the certificate holder, including freedom from present responsibility for work should the occasion arise.


Scheduled means to appoint, assign, or designate for a fixed time.


Short-call reserve means a period of time in which a flightcrew member is assigned to a reserve availability period.


Split duty means a flight duty period that has a scheduled break in duty that is less than a required rest period.


Suitable accommodation means a temperature-controlled facility with sound mitigation and the ability to control light that provides a flightcrew member with the ability to sleep either in a bed, bunk or in a chair that allows for flat or near flat sleeping position. Suitable accommodation only applies to ground facilities and does not apply to aircraft onboard rest facilities.


Theater means a geographical area in which the distance between the flightcrew member’s flight duty period departure point and arrival point differs by no more than 60 degrees longitude.


Unforeseen operational circumstance means an unplanned event of insufficient duration to allow for adjustments to schedules, including unforecast weather, equipment malfunction, or air traffic delay that is not reasonably expected.


Window of circadian low means a period of maximum sleepiness that occurs between 0200 and 0559 during a physiological night.


[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 69288, Nov. 19, 2013]


§ 117.5 Fitness for duty.

(a) Each flightcrew member must report for any flight duty period rested and prepared to perform his or her assigned duties.


(b) No certificate holder may assign and no flightcrew member may accept assignment to a flight duty period if the flightcrew member has reported for a flight duty period too fatigued to safely perform his or her assigned duties.


(c) No certificate holder may permit a flightcrew member to continue a flight duty period if the flightcrew member has reported him or herself too fatigued to continue the assigned flight duty period.


(d) As part of the dispatch or flight release, as applicable, each flightcrew member must affirmatively state he or she is fit for duty prior to commencing flight.


§ 117.7 Fatigue risk management system.

(a) No certificate holder may exceed any provision of this part unless approved by the FAA under a Fatigue Risk Management System that provides at least an equivalent level of safety against fatigue-related accidents or incidents as the other provisions of this part.


(b) The Fatigue Risk Management System must include:


(1) A fatigue risk management policy.


(2) An education and awareness training program.


(3) A fatigue reporting system.


(4) A system for monitoring flightcrew fatigue.


(5) An incident reporting process.


(6) A performance evaluation.


§ 117.9 Fatigue education and awareness training program.

(a) Each certificate holder must develop and implement an education and awareness training program, approved by the Administrator. This program must provide annual education and awareness training to all employees of the certificate holder responsible for administering the provisions of this rule including flightcrew members, dispatchers, individuals directly involved in the scheduling of flightcrew members, individuals directly involved in operational control, and any employee providing direct management oversight of those areas.


(b) The fatigue education and awareness training program must be designed to increase awareness of:


(1) Fatigue;


(2) The effects of fatigue on pilots; and


(3) Fatigue countermeasures


(c) (1) Each certificate holder must update its fatigue education and awareness training program every two years and submit the update to the Administrator for review and acceptance.


(2) Not later than 12 months after the date of submission of the fatigue education and awareness training program required by (c)(1) of this section, the Administrator shall review and accept or reject the update. If the Administrator rejects an update, the Administrator shall provide suggested modifications for resubmission of the update.


§ 117.11 Flight time limitation.

(a) No certificate holder may schedule and no flightcrew member may accept an assignment or continue an assigned flight duty period if the total flight time:


(1) Will exceed the limits specified in Table A of this part if the operation is conducted with the minimum required flightcrew.


(2) Will exceed 13 hours if the operation is conducted with a 3-pilot flightcrew.


(3) Will exceed 17 hours if the operation is conducted with a 4-pilot flightcrew.


(b) If unforeseen operational circumstances arise after takeoff that are beyond the certificate holder’s control, a flightcrew member may exceed the maximum flight time specified in paragraph (a) of this section and the cumulative flight time limits in 117.23(b) to the extent necessary to safely land the aircraft at the next destination airport or alternate, as appropriate.


(c) Each certificate holder must report to the Administrator within 10 days any flight time that exceeded the maximum flight time limits permitted by this section or § 117.23(b). The report must contain a description of the extended flight time limitation and the circumstances surrounding the need for the extension.


[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013; 78 FR 69288, Nov. 19, 2013]


§ 117.13 Flight duty period: Unaugmented operations.

(a) Except as provided for in § 117.15, no certificate holder may assign and no flightcrew member may accept an assignment for an unaugmented flight operation if the scheduled flight duty period will exceed the limits in Table B of this part.


(b) If the flightcrew member is not acclimated:


(1) The maximum flight duty period in Table B of this part is reduced by 30 minutes.


(2) The applicable flight duty period is based on the local time at the theater in which the flightcrew member was last acclimated.


§ 117.15 Flight duty period: Split duty.

For an unaugmented operation only, if a flightcrew member is provided with a rest opportunity (an opportunity to sleep) in a suitable accommodation during his or her flight duty period, the time that the flightcrew member spends in the suitable accommodation is not part of that flightcrew member’s flight duty period if all of the following conditions are met:


(a) The rest opportunity is provided between the hours of 22:00 and 05:00 local time.


(b) The time spent in the suitable accommodation is at least 3 hours, measured from the time that the flightcrew member reaches the suitable accommodation.


(c) The rest opportunity is scheduled before the beginning of the flight duty period in which that rest opportunity is taken.


(d) The rest opportunity that the flightcrew member is actually provided may not be less than the rest opportunity that was scheduled.


(e) The rest opportunity is not provided until the first segment of the flight duty period has been completed.


(f) The combined time of the flight duty period and the rest opportunity provided in this section does not exceed 14 hours.


§ 117.17 Flight duty period: Augmented flightcrew.

(a) For flight operations conducted with an acclimated augmented flightcrew, no certificate holder may assign and no flightcrew member may accept an assignment if the scheduled flight duty period will exceed the limits specified in Table C of this part.


(b) If the flightcrew member is not acclimated:


(1) The maximum flight duty period in Table C of this part is reduced by 30 minutes.


(2) The applicable flight duty period is based on the local time at the theater in which the flightcrew member was last acclimated.


(c) No certificate holder may assign and no flightcrew member may accept an assignment under this section unless during the flight duty period:


(1) Two consecutive hours in the second half of the flight duty period are available for in-flight rest for the pilot flying the aircraft during landing.


(2) Ninety consecutive minutes are available for in-flight rest for the pilot performing monitoring duties during landing.


(d) No certificate holder may assign and no flightcrew member may accept an assignment involving more than three flight segments under this section.


(e) At all times during flight, at least one flightcrew member qualified in accordance with § 121.543(b)(3)(i) of this chapter must be at the flight controls.


§ 117.19 Flight duty period extensions.

(a) For augmented and unaugmented operations, if unforeseen operational circumstances arise prior to takeoff:


(1) The pilot in command and the certificate holder may extend the maximum flight duty period permitted in Tables B or C of this part up to 2 hours. The pilot in command and the certificate holder may also extend the maximum combined flight duty period and reserve availability period limits specified in § 117.21(c)(3) and (4) of this part up to 2 hours.


(2) An extension in the flight duty period under paragraph (a)(1) of this section of more than 30 minutes may occur only once prior to receiving a rest period described in § 117.25(b).


(3) A flight duty period cannot be extended under paragraph (a)(1) of this section if it causes a flightcrew member to exceed the cumulative flight duty period limits specified in 117.23(c).


(4) Each certificate holder must report to the Administrator within 10 days any flight duty period that exceeded the maximum flight duty period permitted in Tables B or C of this part by more than 30 minutes. The report must contain the following:


(i) A description of the extended flight duty period and the circumstances surrounding the need for the extension; and


(ii) If the circumstances giving rise to the extension were within the certificate holder’s control, the corrective action(s) that the certificate holder intends to take to minimize the need for future extensions.


(5) Each certificate holder must implement the corrective action(s) reported in paragraph (a)(4) of this section within 30 days from the date of the extended flight duty period.


(b) For augmented and unaugmented operations, if unforeseen operational circumstances arise after takeoff:


(1) The pilot in command and the certificate holder may extend maximum flight duty periods specified in Tables B or C of this part to the extent necessary to safely land the aircraft at the next destination airport or alternate airport, as appropriate.


(2) An extension of the flight duty period under paragraph (b)(1) of this section of more than 30 minutes may occur only once prior to receiving a rest period described in § 117.25(b).


(3) An extension taken under paragraph (b) of this section may exceed the cumulative flight duty period limits specified in 117.23(c).


(4) Each certificate holder must report to the Administrator within 10 days any flight duty period that either exceeded the cumulative flight duty periods specified in § 117.23(c), or exceeded the maximum flight duty period limits permitted by Tables B or C of this part by more than 30 minutes. The report must contain a description of the circumstances surrounding the affected flight duty period.


[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013; 78 FR 69288, Nov. 19, 2013]


§ 117.21 Reserve status.

(a) Unless specifically designated as airport/standby or short-call reserve by the certificate holder, all reserve is considered long-call reserve.


(b) Any reserve that meets the definition of airport/standby reserve must be designated as airport/standby reserve. For airport/standby reserve, all time spent in a reserve status is part of the flightcrew member’s flight duty period.


(c) For short call reserve,


(1) The reserve availability period may not exceed 14 hours.


(2) For a flightcrew member who has completed a reserve availability period, no certificate holder may schedule and no flightcrew member may accept an assignment of a reserve availability period unless the flightcrew member receives the required rest in § 117.25(e).


(3) For an unaugmented operation, the total number of hours a flightcrew member may spend in a flight duty period and a reserve availability period may not exceed the lesser of the maximum applicable flight duty period in Table B of this part plus 4 hours, or 16 hours, as measured from the beginning of the reserve availability period.


(4) For an augmented operation, the total number of hours a flightcrew member may spend in a flight duty period and a reserve availability period may not exceed the flight duty period in Table C of this part plus 4 hours, as measured from the beginning of the reserve availability period.


(d) For long call reserve, if a certificate holder contacts a flightcrew member to assign him or her to a flight duty period that will begin before and operate into the flightcrew member’s window of circadian low, the flightcrew member must receive a 12 hour notice of report time from the certificate holder.


(e) A certificate holder may shift a reserve flightcrew member’s reserve status from long-call to short-call only if the flightcrew member receives a rest period as provided in § 117.25(e).


§ 117.23 Cumulative limitations.

(a) The limitations of this section include all flying by flightcrew members on behalf of any certificate holder or 91K Program Manager during the applicable periods.


(b) No certificate holder may schedule and no flightcrew member may accept an assignment if the flightcrew member’s total flight time will exceed the following:


(1) 100 hours in any 672 consecutive hours or


(2) 1,000 hours in any 365 consecutive calendar day period.


(c) No certificate holder may schedule and no flightcrew member may accept an assignment if the flightcrew member’s total Flight Duty Period will exceed:


(1) 60 flight duty period hours in any 168 consecutive hours or


(2) 190 flight duty period hours in any 672 consecutive hours.


[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 69288, Nov. 19, 2013]


§ 117.25 Rest period.

(a) No certificate holder may assign and no flightcrew member may accept assignment to any reserve or duty with the certificate holder during any required rest period.


(b) Before beginning any reserve or flight duty period a flightcrew member must be given at least 30 consecutive hours free from all duty within the past 168 consecutive hour period.


(c) If a flightcrew member operating in a new theater has received 36 consecutive hours of rest, that flightcrew member is acclimated and the rest period meets the requirements of paragraph (b) of this section.


(d) A flightcrew member must be given a minimum of 56 consecutive hours rest upon return to home base if the flightcrew member: (1) Travels more than 60° longitude during a flight duty period or a series of flight duty period, and (2) is away from home base for more than 168 consecutive hours during this travel. The 56 hours of rest specified in this section must encompass three physiological nights’ rest based on local time.


(e) No certificate holder may schedule and no flightcrew member may accept an assignment for any reserve or flight duty period unless the flightcrew member is given a rest period of at least 10 consecutive hours immediately before beginning the reserve or flight duty period measured from the time the flightcrew member is released from duty. The 10 hour rest period must provide the flightcrew member with a minimum of 8 uninterrupted hours of sleep opportunity.


(f) If a flightcrew member determines that a rest period under paragraph (e) of this section will not provide eight uninterrupted hours of sleep opportunity, the flightcrew member must notify the certificate holder. The flightcrew member cannot report for the assigned flight duty period until he or she receives a rest period specified in paragraph (e) of this section.


(g) If a flightcrew member engaged in deadhead transportation exceeds the applicable flight duty period in Table B of this part, the flightcrew member must be given a rest period equal to the length of the deadhead transportation but not less than the required rest in paragraph (e) of this section before beginning a flight duty period.


[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013]


§ 117.27 Consecutive nighttime operations.

A certificate holder may schedule and a flightcrew member may accept up to five consecutive flight duty periods that infringe on the window of circadian low if the certificate holder provides the flightcrew member with an opportunity to rest in a suitable accommodation during each of the consecutive nighttime flight duty periods. The rest opportunity must be at least 2 hours, measured from the time that the flightcrew member reaches the suitable accommodation, and must comply with the conditions specified in § 117.15(a), (c), (d), and (e). Otherwise, no certificate holder may schedule and no flightcrew member may accept more than three consecutive flight duty periods that infringe on the window of circadian low. For purposes of this section, any split duty rest that is provided in accordance with § 117.15 counts as part of a flight duty period.


§ 117.29 Emergency and government sponsored operations.

(a) This section applies to operations conducted pursuant to contracts with the U.S. Government and operations conducted pursuant to a deviation under § 119.57 of this chapter that cannot otherwise be conducted under this part because of circumstances that could prevent flightcrew members from being relieved by another crew or safely provided with the rest required under § 117.25 at the end of the applicable flight duty period.


(b) The pilot-in-command may determine that the maximum applicable flight duty period, flight time, and/or combined flight duty period and reserve availability period limits must be exceeded to the extent necessary to allow the flightcrew to fly to the closest destination where they can safely be relieved from duty by another flightcrew or can receive the requisite amount of rest prior to commencing their next flight duty period.


(c) A flight duty period may not be extended for an operation conducted pursuant to a contract with the U.S. Government if it causes a flightcrew member to exceed the cumulative flight time limits in § 117.23(b) and the cumulative flight duty period limits in § 117.23(c).


(d) The flightcrew shall be given a rest period immediately after reaching the destination described in paragraph (b) of this section equal to the length of the actual flight duty period or 24 hours, whichever is less.


(e) Each certificate holder must report within 10 days:


(1) Any flight duty period that exceeded the maximum flight duty period permitted in Tables B or C of this part, as applicable, by more than 30 minutes;


(2) Any flight time that exceeded the maximum flight time limits permitted in Table A of this part and § 117.11, as applicable; and


(3) Any flight duty period or flight time that exceeded the cumulative limits specified in § 117.23.


(f) The report must contain the following:


(1) A description of the extended flight duty period and flight time limitation, and the circumstances surrounding the need for the extension; and


(2) If the circumstances giving rise to the extension(s) were within the certificate holder’s control, the corrective action(s) that the certificate holder intends to take to minimize the need for future extensions.


(g) Each certificate holder must implement the corrective action(s) reported pursuant to paragraph (f)(2) of this section within 30 days from the date of the extended flight duty period and/or the extended flight time.


[Doc. No. FAA-2009-1093, 77 FR 398, Jan. 4, 2012; Amdt. 117-1A, 77 FR 28764, May 16, 2012; Amdt. 117-1, 78 FR 8362, Feb. 6, 2013; 78 FR 69288, Nov. 19, 2013]


Table A to Part 117 – Maximum Flight Time Limits for Unaugmented Operations Table

Time of report

(acclimated)
Maximum

flight time

(hours)
0000-04598
0500-19599
2000-23598

Table B to Part 117 – Flight Duty Period: Unaugmented Operations

Scheduled time of start (acclimated time)
Maximum flight duty period (hours) for lineholders based on

number of flight segments
1
2
3
4
5
6
7 +
0000-03599999999
0400-045910101010999
0500-05591212121211.51110.5
0600-06591313121211.51110.5
0700-11591414131312.51211.5
1200-12591313131312.51211.5
1300-16591212121211.51110.5
1700-2159121211111099
2200-225911111010999
2300-23591010109999

Table C to Part 117 – Flight Duty Period: Augmented Operations

Scheduled time of start (acclimated time)
Maximum flight duty period (hours) based on rest facility and

number of pilots
Class 1

rest facility
Class 2

rest facility
Class 3

rest facility
3 pilots
4 pilots
3 pilots
4 pilots
3 pilots
4 pilots
0000-055915171415.51313.5
0600-06591618.51516.51414.5
0700-1259171916.5181515.5
1300-16591618.51516.51414.5
1700-235915171415.51313.5

PART 118 [RESERVED]

PART 119 – CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS


Authority:Pub. L. 111-216, sec. 215 (August 1, 2010); 49 U.S.C. 106(f), 106(g), 1153, 40101, 40102, 40103, 40113, 44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105.


Source:Docket No. 28154, 60 FR 65913, Dec. 20, 1995, unless otherwise noted.

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 seat 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 part 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 and other arrangements for transportation by air;


(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 part 119, 121, 125, or 135 of this chapter.


(d) This part does not govern operations conducted under part 91, subpart K (when common carriage is not involved) nor does it 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-seat 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 Commercial Air Tours conducted after September 11, 2007, in an airplane or helicopter having a standard airworthiness certificate and passenger-seat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds or less that begin and end at the same airport, and are conducted within a 25-statute mile radius of that airport, in compliance with the Letter of Authorization issued under § 91.147 of this chapter. For nonstop Commercial Air Tours conducted in accordance with part 136, subpart B of this chapter, National Parks Air Tour Management, the requirements of part 119 of this chapter apply unless excepted in § 136.37(g)(2). For Nonstop Commercial Air Tours conducted in the vicinity of the Grand Canyon National Park, Arizona, the requirements of SFAR 50-2, part 93, subpart U, and part 119 of this chapter, as applicable, apply.


(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 or objects for the purpose of conducting intentional parachute operations.


(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 responsible Flight Standards office 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;


(10) Operations conducted under the provisions of § 91.321 of this chapter; or


(11) Small UAS operations conducted under part 107 of this chapter.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-4, 66 FR 23557, May 9, 2001; Amdt. 119-5, 67 FR 9554, Mar. 1, 2002; Amdt. 119-7, 68 FR 54584, Sept. 17, 2003; 72 FR 6911, Feb. 13, 2007; Docket FAA-2015-0150, Amdt. 119-18, 81 FR 42214, June 28, 2016; Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 119.3 [Reserved]

§ 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 seat 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 or private carriage under part 125 or part 135 of this chapter, or both, shall be issued only one certificate authorizing such 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 or private 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.


(k) No person may advertise or otherwise offer to perform an operation subject to this part unless that person is authorized by the Federal Aviation Administration to conduct that operation.


(l) No person may operate an aircraft under this part, part 121 of this chapter, or part 135 of this chapter in violation of an air carrier operating certificate, operating certificate, or appropriate operations specifications issued under this part.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 62 FR 13253, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]


§ 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.


§ 119.8 Safety Management Systems.

(a) Certificate holders authorized to conduct operations under part 121 of this chapter must have a safety management system that meets the requirements of part 5 of this chapter and is acceptable to the Administrator by March 9, 2018.


(b) A person applying to the Administrator for an air carrier certificate or operating certificate to conduct operations under part 121 of this chapter after March 9, 2015, must demonstrate, as part of the application process under § 119.35, that it has an SMS that meets the standards set forth in part 5 of this chapter and is acceptable to the Administrator.


[Doc. No. FAA-2009-0671, 80 FR 1328, Jan. 8, 2015]


§ 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) No person may operate an aircraft under part 121 or part 135 of this chapter unless the name of the certificate holder who is operating the aircraft, or the air carrier or operating certificate number of the certificate holder who is operating the aircraft, is legibly displayed on the aircraft and is clearly visible and readable from the outside of the aircraft to a person 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.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 62 FR 13253, Mar. 19, 1997]


Subpart B – Applicability of Operating Requirements to Different Kinds of Operations Under Parts 121, 125, and 135 of This Chapter

§ 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:


(1) Domestic operations in accordance with the applicable requirements of part 121 of this chapter, and shall be issued operations specifications for those operations in accordance with those requirements. However, based on a showing of safety in air commerce, the Administrator may permit persons who conduct domestic operations between any point located within any of the following Alaskan islands and any point in the State of Alaska to comply with the requirements applicable to flag operations contained in subpart U of part 121 of this chapter:


(i) The Aleutian Islands.


(ii) The Pribilof Islands.


(iii) The Shumagin Islands.


(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 those operations to be conducted under paragraph (a)(1) or (a)(2) of this section.


(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.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 61 FR 30433, June 14, 1996; Amdt. 119-3, 62 FR 13254, Mar. 19, 1997]


§ 119.23 Operators engaged in passenger-carrying 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-seat configuration of 20 seats or more, excluding each 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 (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 –


(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.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 61 FR 30434, June 14, 1996]


§ 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 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. 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.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 61 FR 30434, June 14, 1996]


§ 119.35 Certificate application requirements for all operators.

(a) A person applying to the Administrator for an Air Carrier Certificate or Operating Certificate under this part (applicant) must submit an 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.


[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]


§ 119.36 Additional certificate application requirements for commercial operators.

(a) Each applicant for the original issue of an operating certificate for the purpose of conducting intrastate common carriage operations under part 121 or part 135 of this chapter must submit an application in a form and manner prescribed by the Administrator to the responsible Flight Standards office.


(b) Each application submitted under paragraph (a) of this section must contain a signed statement showing the following:


(1) For corporate applicants:


(i) The name and address of each stockholder who owns 5 percent or more of the total voting stock of the corporation, and if that stockholder is not the sole beneficial owner of the stock, the name and address of each beneficial owner. An individual is considered to own the stock owned, directly or indirectly, by or for his or her spouse, children, grandchildren, or parents.


(ii) The name and address of each director and each officer and each person employed or who will be employed in a management position described in §§ 119.65 and 119.69, as applicable.


(iii) The name and address of each person directly or indirectly controlling or controlled by the applicant and each person under direct or indirect control with the applicant.


(2) For non-corporate applicants:


(i) The name and address of each person having a financial interest therein and the nature and extent of that interest.


(ii) The name and address of each person employed or who will be employed in a management position described in §§ 119.65 and 119.69, as applicable.


(c) In addition, each applicant for the original issue of an operating certificate under paragraph (a) of this section must submit with the application a signed statement showing –


(1) The nature and scope of its intended operation, including the name and address of each person, if any, with whom the applicant has a contract to provide services as a commercial operator and the scope, nature, date, and duration of each of those contracts; and


(2) For applicants intending to conduct operations under part 121 of this chapter, the financial information listed in paragraph (e) of this section.


(d) Each applicant for, or holder of, a certificate issued under paragraph (a) of this section, shall notify the Administrator within 10 days after –


(1) A change in any of the persons, or the names and addresses of any of the persons, submitted to the Administrator under paragraph (b)(1) or (b)(2) of this section; or


(2) For applicants intending to conduct operations under part 121 of this chapter, a change in the financial information submitted to the Administrator under paragraph (e) of this section that occurs while the application for the issue is pending before the FAA and that would make the applicant’s financial situation substantially less favorable than originally reported.


(e) Each applicant for the original issue of an operating certificate under paragraph (a) of this section who intends to conduct operations under part 121 of this chapter must submit the following financial information:


(1) A balance sheet that shows assets, liabilities, and net worth, as of a date not more than 60 days before the date of application.


(2) An itemization of liabilities more than 60 days past due on the balance sheet date, if any, showing each creditor’s name and address, a description of the liability, and the amount and due date of the liability.


(3) An itemization of claims in litigation, if any, against the applicant as of the date of application showing each claimant’s name and address and a description and the amount of the claim.


(4) A detailed projection of the proposed operation covering 6 complete months after the month in which the certificate is expected to be issued including –


(i) Estimated amount and source of both operating and nonoperating revenue, including identification of its existing and anticipated income producing contracts and estimated revenue per mile or hour of operation by aircraft type;


(ii) Estimated amount of operating and nonoperating expenses by expense objective classification; and


(iii) Estimated net profit or loss for the period.


(5) An estimate of the cash that will be needed for the proposed operations during the first 6 months after the month in which the certificate is expected to be issued, including –


(i) Acquisition of property and equipment (explain);


(ii) Retirement of debt (explain);


(iii) Additional working capital (explain);


(iv) Operating losses other than depreciation and amortization (explain); and


(v) Other (explain).


(6) An estimate of the cash that will be available during the first 6 months after the month in which the certificate is expected to be issued, from –


(i) Sale of property or flight equipment (explain);


(ii) New debt (explain);


(iii) New equity (explain);


(iv) Working capital reduction (explain);


(v) Operations (profits) (explain);


(vi) Depreciation and amortization (explain); and


(vii) Other (explain).


(7) A schedule of insurance coverage in effect on the balance sheet date showing insurance companies; policy numbers; types, amounts, and period of coverage; and special conditions, exclusions, and limitations.


(8) Any other financial information that the Administrator requires to enable him or her to determine that the applicant has sufficient financial resources to conduct his or her operations with the degree of safety required in the public interest.


(f) Each financial statement containing financial information required by paragraph (e) of this section must be based on accounts prepared and maintained on an accrual basis in accordance with generally accepted accounting principles applied on a consistent basis, and must contain the name and address of the applicant’s public accounting firm, if any. Information submitted must be signed by an officer, owner, or partner of the applicant or certificate holder.


[Doc. No. 28154, 62 FR 13254, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997, as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 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; and


(e) The name or the designator of the responsible Flight Standards office.


[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 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.


(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 determines, under 49 U.S.C. 44709 and part 13 of this chapter, that safety in air commerce and the public interest requires the amendment; or


(2) The certificate holder applies for the amendment and the responsible Flight Standards 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 responsible Flight Standards 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 responsible Flight Standards office in the form and manner prescribed by the Administrator.


(d) When a certificate holder seeks reconsideration of a decision from the responsible Flight Standards 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 Executive Director, Flight Standards Service.


[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 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.


(c) 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.


§ 119.45 [Reserved]

§ 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 responsible Flight Standards office.


[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 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, 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, rotors, 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) An authorization permitting, or a prohibition against, accepting, handling, and transporting materials regulated as hazardous materials in transport under 49 CFR parts 171 through 180.


(14) 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 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).


(12) Any authorized deviation or exemption from any requirement of this chapter.


(13) An authorization permitting, or a prohibition against, accepting, handling, and transporting materials regulated as hazardous materials in transport under 49 CFR parts 171 through 180.


(14) 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) An authorization permitting, or a prohibition against, accepting, handling, and transporting materials regulated as hazardous materials in transport under 49 CFR parts 171 through 180.


(13) Any other item the Administrator determines is necessary.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-10, 70 FR 58823, Oct. 7, 2005; Amdt. 119-13, 75 FR 26645, May 12, 2010]


§ 119.51 Amending operations specifications.

(a) The Administrator may amend any operations specifications issued under this part if –


(1) The Administrator 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 responsible Flight Standards office notifies the certificate holder in writing of the proposed amendment.


(2) The responsible Flight Standards office sets a reasonable period (but not less than 7 days) within which the certificate holder may submit written information, views, and arguments on the amendment.


(3) After considering all material presented, the responsible Flight Standards 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 responsible Flight Standards 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 responsible Flight Standards 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, unless a shorter time is approved, 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 § 110.2; 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 responsible Flight Standards office in a form and manner prescribed by the Administrator.


(3) After considering all material presented, the responsible Flight Standards 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 responsible Flight Standards 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 responsible Flight Standards 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 Executive 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 responsible Flight Standards office unless the responsible Flight Standards 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 responsible Flight Standards 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 responsible Flight Standards 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 responsible Flight Standards 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.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-14, 76 FR 7488, Feb. 10, 2011; Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 119.53 Wet leasing of aircraft and other arrangements for transportation by air.

(a) Unless otherwise authorized by the Administrator, 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) Other arrangements for transportation by air: 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 § 110.2). 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 on-demand 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 flights for passengers who are stranded because of the cancellation of their scheduled flights. These flights must be conducted under the rules of part 121 or part 135 of this chapter applicable to supplemental or on-demand operations.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-14, 76 FR 7488, Feb. 10, 2011]


§ 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 117, 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


(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.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-16, 77 FR 402, Jan. 4, 2012]


§ 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 responsible Flight Standards office within 24 hours after completing the operation.


[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 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 title 49 of the United States Code, 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 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 title 49 of the United States Code 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 and surrender 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 § 119.51;


(3) The certificate holder does not conduct a kind of operation for more than the time specified in § 119.63 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.


(c) Within 30 days after a certificate holder terminates operations under part 135 of this chapter, the operating certificate and operations specifications must be surrendered by the certificate holder to the responsible Flight Standards office.


[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 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 the certificate holder has conducted that kind of operation within the preceding number of consecutive calendar days specified in this paragraph:


(1) For domestic, flag, or commuter operations – 30 days.


(2) For supplemental or on-demand operations – 90 days, except that if the certificate holder has authority to conduct domestic, flag, or commuter operations, and has conducted domestic, flag or commuter operations within the previous 30 days, this paragraph does not apply.


(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 –


(1) It advises the Administrator at least 5 consecutive calendar days before resumption of that kind of operation; and


(2) It makes itself available and accessible during the 5 consecutive calendar day period in the event that the FAA decides to conduct a full inspection reexamination to determine whether the certificate holder remains properly and adequately equipped and able to conduct a safe operation.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 61 FR 30434, June 14, 1996]


§ 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 full-time in the following or equivalent positions:


(1) Director of Safety.


(2) Director of Operations.


(3) Chief Pilot.


(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 airplanes 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) 14 CFR Chapter I (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 responsible Flight Standards office within 10 days of any change in personnel or any vacancy in any position listed.


[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 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 airplanes under part 121 or part 135 of this chapter, or if the certificate holder uses only small airplanes in its operations, the experience may be obtained in large or small airplanes; 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 airplane operated under part 121 or part 135 of this chapter, if the certificate holder operates large airplanes. If the certificate holder uses only small airplanes in its operation, the experience may be obtained in either large or small airplanes.


(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 airplane operated under part 121 or part 135 of this chapter, if the certificate holder operates large airplanes. If the certificate holder uses only small airplanes in its operation, the experience may be obtained in either large or small airplanes.


(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 airplanes 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 airplane operated under part 121 or part 135 of this chapter, if the certificate holder operates large airplanes. If the certificate holder uses only small airplanes in its operation, the experience may be obtained in either large or small airplanes.


(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 airplane operated under part 121 or part 135 of this chapter, if the certificate holder operates large airplanes. If the certificate holder uses only small airplanes in its operation, the experience may be obtained in either large or small airplanes.


(c) To serve as Director of Maintenance under § 119.65(a) a person must –


(1) Hold a mechanic certificate with airframe and powerplant ratings;


(2) Have 1 year of experience in a position responsible for returning airplanes 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 3 years experience within the past 6 years in one or a combination of the following –


(i) Maintaining large airplanes with 10 or more passenger seats, including at the time of appointment as Director of Maintenance, experience in maintaining the same category and class of airplane as the certificate holder uses; or


(ii) Repairing airplanes in a certificated airframe repair station that is rated to maintain airplanes in the same category and class of airplane 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 powerplant ratings, and have held these ratings for at least 3 years;


(2) Have at least 3 years of maintenance experience on different types of large airplanes with 10 or more passenger seats 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 of experience in a supervisory capacity maintaining the same category and class of aircraft as the certificate holder uses.


(e) A certificate holder may request a deviation to employ a person who does not meet the appropriate airman experience, managerial experience, or supervisory experience requirements of this section if the Manager of the Air Transportation Division, AFS-200, or the Manager of the Aircraft Maintenance Division, AFS-300, as appropriate, finds that the person has comparable experience, and can effectively perform the functions associated with the position in accordance with the requirements of this chapter and the procedures outlined in the certificate holder’s manual. Grants of deviation under this paragraph may be granted after consideration of the size and scope of the operation and the qualifications of the intended personnel. The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-2, 61 FR 30434, June 14, 1996; Amdt. 119-3, 62 FR 13255, Mar. 19, 1997]


§ 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 one 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 with respect to the certificate holder’s operation –


(i) Aviation safety standards and safe operating practices;


(ii) 14 CFR Chapter I (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 responsible Flight Standards office within 10 days of any change in personnel or any vacancy in any position listed.


[Docket No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Docket FAA-2018-0119, Amdt. 119-19, 83 FR 9172, Mar. 5, 2018]


§ 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. If an instrument rating is required for any pilot in command for that certificate holder, the Director of Operations must also hold an instrument rating. In addition, the Director of Operations must either –


(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.


(c) To serve as Chief Pilot under § 119.69(a) for a certificate holder conducting any operation for which the pilot in command is required to hold an airline transport pilot certificate a person must hold an airline transport 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. If an instrument rating is required for any pilot in command for that certificate holder, the Chief Pilot must also hold an instrument rating. The Chief Pilot must be qualified to serve as pilot in command in at least one aircraft used in the certificate holder’s operation. In addition, the Chief Pilot must:


(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 powerplant ratings and either:


(1) Have 3 years of experience within the past 6 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 6 years repairing aircraft in a certificated airframe repair station, including 1 year in the capacity of approving aircraft for return to service.


(f) A certificate holder may request a deviation to employ a person who does not meet the appropriate airmen experience requirements, managerial experience requirements, or supervisory experience requirements of this section if the Manager of the Air Transportation Division, AFS-200, or the Manager of the Aircraft Maintenance Division, AFS-300, as appropriate, find that the person has comparable experience, and can effectively perform the functions associated with the position in accordance with the requirements of this chapter and the procedures outlined in the certificate holder’s manual. The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph.


[Doc. No. 28154, 60 FR 65913, Dec. 20, 1995, as amended by Amdt. 119-3, 62 FR 13255, Mar. 19, 1997; Amdt. 119-12, 72 FR 54816, Sept. 27, 2007]


§ 119.73 Employment of former FAA employees.

(a) Except as specified in paragraph (c) of this section, no certificate holder conducting operations under part 121 or 135 of this chapter may knowingly employ or make a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual, in the preceding 2 years –


(1) Served as, or was directly responsible for the oversight of, a Flight Standards Service aviation safety inspector; and


(2) Had direct responsibility to inspect, or oversee the inspection of, the operations of the certificate holder.


(b) For the purpose of this section, an individual shall be considered to be acting as an agent or representative of a certificate holder in a matter before the agency if the individual makes any written or oral communication on behalf of the certificate holder to the agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard to whether the individual has participated in, or had responsibility for, the particular matter while serving as a Flight Standards Service aviation safety inspector.


(c) The provisions of this section do not prohibit a certificate holder from knowingly employing or making a contractual arrangement which permits an individual to act as an agent or representative of the certificate holder in any matter before the Federal Aviation Administration if the individual was employed by the certificate holder before October 21, 2011.


[Doc. No. FAA-2008-1154, 76 FR 52235, Aug. 22, 2011]


PART 120 – DRUG AND ALCOHOL TESTING PROGRAM


Authority:49 U.S.C. 106(f), 106(g), 40101-40103, 40113, 40120, 41706, 41721, 44106, 44701, 44702, 44703, 44709, 44710, 44711, 45101-45105, 46105, 46306.


Source:Docket No. FAA-2008-0937, 74 FR 22653, May 14, 2009, unless otherwise noted.

Subpart A – General

§ 120.1 Applicability.

This part applies to the following persons:


(a) All air carriers and operators certificated under part 119 of this chapter authorized to conduct operations under part 121 or part 135 of this chapter, all air traffic control facilities not operated by the FAA or by or under contract to the U.S. military; and all operators as defined in 14 CFR 91.147.


(b) All individuals who perform, either directly or by contract, a safety-sensitive function listed in subpart E or subpart F of this part.


(c) All part 145 certificate holders who perform safety-sensitive functions and elect to implement a drug and alcohol testing program under this part.


(d) All contractors who elect to implement a drug and alcohol testing program under this part.


§ 120.3 Purpose.

The purpose of this part is to establish a program designed to help prevent accidents and injuries resulting from the use of prohibited drugs or the misuse of alcohol by employees who perform safety-sensitive functions in aviation.


§ 120.5 Procedures.

Each employer having a drug and alcohol testing program under this part must ensure that all drug and alcohol testing conducted pursuant to this part complies with the procedures set forth in 49 CFR part 40.


§ 120.7 Definitions.

For the purposes of this part, the following definitions apply:


(a) Accident means an occurrence associated with the operation of an aircraft which takes place between the time any individual boards the aircraft with the intention of flight and all such individuals have disembarked, and in which any individual suffers death or serious injury, or in which the aircraft receives substantial damage.


(b) Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol.


(c) Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test under subpart F of this part.


(d) Alcohol use means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol.


(e) Contractor is an individual or company that performs a safety-sensitive function by contract for an employer or another contractor.


(f) Covered employee means an individual who performs, either directly or by contract, a safety-sensitive function listed in §§ 120.105 and 120.215 for an employer (as defined in paragraph (i) of this section). For purposes of pre-employment testing only, the term “covered employee” includes an individual applying to perform a safety-sensitive function.


(g) DOT agency means an agency (or “operating administration”) of the United States Department of Transportation administering regulations requiring drug and alcohol testing (14 CFR parts 61, 65, 121, and 135; 46 CFR part 16; 49 CFR parts 199, 219, and 382) in accordance with 49 CFR part 40.


(h) Employee is an individual who is hired, either directly or by contract, to perform a safety-sensitive function for an employer, as defined in paragraph (i) of this section. An employee is also an individual who transfers into a position to perform a safety-sensitive function for an employer.


(i) Employer is a part 119 certificate holder with authority to operate under parts 121 and/or 135 of this chapter, an operator as defined in § 91.147 of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. Military. An employer may use a contract employee who is not included under that employer’s FAA-mandated drug and alcohol testing program to perform a safety-sensitive function only if that contract employee is included under the contractor’s FAA-mandated drug and alcohol testing program and is performing a safety-sensitive function on behalf of that contractor (i.e. , within the scope of employment with the contractor.)


(j) Hire means retaining an individual for a safety-sensitive function as a paid employee, as a volunteer, or through barter or other form of compensation.


(k) Performing (a safety-sensitive function): an employee is considered to be performing a safety-sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform such function.


(l) Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under subpart E of this part, plus the number of refusals of random drug tests required by subpart E of this part, divided by the total number of random drug test results (i.e., positives, negatives, and refusals) under subpart E of this part.


(m) Prohibited drug means any of the drugs specified in 49 CFR part 40.


(n) Refusal to submit to alcohol test means that a covered employee has engaged in conduct including but not limited to that described in 49 CFR 40.261, or has failed to remain readily available for post-accident testing as required by subpart F of this part.


(o) Refusal to submit to drug test means that an employee engages in conduct including but not limited to that described in 49 CFR 40.191.


(p) Safety-sensitive function means a function listed in §§ 120.105 and 120.215.


(q) Verified negative drug test result means a drug test result from an HHS-certified laboratory that has undergone review by an MRO and has been determined by the MRO to be a negative result.


(r) Verified positive drug test result means a drug test result from an HHS-certified laboratory that has undergone review by an MRO and has been determined by the MRO to be a positive result.


(s) Violation rate for random alcohol testing means the number of 0.04, and above, random alcohol confirmation test results conducted under subpart F of this part, plus the number of refusals of random alcohol tests required by subpart F of this part, divided by the total number of random alcohol screening tests (including refusals) conducted under subpart F of this part.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010; 84 FR 16773, Apr. 23, 2019]


Subpart B – Individuals Certificated Under Parts 61, 63, and 65

§ 120.11 Refusal to submit to a drug or alcohol test by a Part 61 certificate holder.

(a) This section applies to all individuals who hold a certificate under part 61 of this chapter and who are subject to drug and alcohol testing under this part.


(b) Refusal by the holder of a certificate issued under part 61 of this chapter to take a drug or alcohol test required under the provisions of this part is grounds for:


(1) Denial of an application for any certificate, rating, or authorization issued under part 61 of this chapter for a period of up to 1 year after the date of such refusal; and


(2) Suspension or revocation of any certificate, rating, or authorization issued under part 61 of this chapter.


§ 120.13 Refusal to submit to a drug or alcohol test by a Part 63 certificate holder.

(a) This section applies to all individuals who hold a certificate under part 63 of this chapter and who are subject to drug and alcohol testing under this part.


(b) Refusal by the holder of a certificate issued under part 63 of this chapter to take a drug or alcohol test required under the provisions of this part is grounds for:


(1) Denial of an application for any certificate or rating issued under part 63 of this chapter for a period of up to 1 year after the date of such refusal; and


(2) Suspension or revocation of any certificate or rating issued under part 63 of this chapter.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]


§ 120.15 Refusal to submit to a drug or alcohol test by a Part 65 certificate holder.

(a) This section applies to all individuals who hold a certificate under part 65 of this chapter and who are subject to drug and alcohol testing under this part.


(b) Refusal by the holder of a certificate issued under part 65 of this chapter to take a drug or alcohol test required under the provisions of this part is grounds for:


(1) Denial of an application for any certificate or rating issued under part 65 of this chapter for a period of up to 1 year after the date of such refusal; and


(2) Suspension or revocation of any certificate or rating issued under part 65 of this chapter.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]


Subpart C – Air Traffic Controllers

§ 120.17 Use of prohibited drugs.

(a) Each employer shall provide each employee performing a function listed in subpart E of this part, and his or her supervisor, with the training specified in that subpart. No employer may use any contractor to perform an air traffic control function unless that contractor provides each of its employees performing that function for the employer, and his or her supervisor, with the training specified in subpart E of this part.


(b) No employer may knowingly use any individual to perform, nor may any individual perform for an employer, either directly or by contract, any air traffic control function while that individual has a prohibited drug, as defined in this part, in his or her system.


(c) No employer shall knowingly use any individual to perform, nor may any individual perform for an employer, either directly or by contract, any air traffic control function if the individual has a verified positive drug test result on, or has refused to submit to, a drug test required by subpart E of this part and the individual has not met the requirements of subpart E of this part for returning to the performance of safety-sensitive duties.


(d) Each employer shall test each of its employees who perform any air traffic control function in accordance with subpart E of this part. No employer may use any contractor to perform any air traffic control function unless that contractor tests each employee performing such a function for the employer in accordance with subpart E of this part.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]


§ 120.19 Misuse of alcohol.

(a) This section applies to covered employees who perform air traffic control duties directly or by contract for an employer that is an air traffic control facility not operated by the FAA or the US military.


(b) Alcohol concentration. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions.


(c) On-duty use. No covered employee shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions.


(d) Pre-duty use. No covered employee shall perform air traffic control duties within 8 hours after using alcohol. No employer having actual knowledge that such an employee has used alcohol within 8 hours shall permit the employee to perform or continue to perform air traffic control duties.


(e) Use following an accident. No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a safety-sensitive function at or near the time of the accident shall use alcohol for 8 hours following the accident, unless he or she has been given a post-accident test under subpart F of this part or the employer has determined that the employee’s performance could not have contributed to the accident.


(f) Refusal to submit to a required alcohol test. A covered employee may not refuse to submit to any alcohol test required under subpart F of this part. An employer may not permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions.


§ 120.21 Testing for alcohol.

(a) Each air traffic control facility not operated by the FAA or the U.S. military must establish an alcohol testing program in accordance with the provisions of subpart F of this part.


(b) No employer shall use any individual who meets the definition of covered employee in subpart A of this part to perform a safety-sensitive function listed in subpart F of this part unless that individual is subject to testing for alcohol misuse in accordance with the provisions of that subpart.


Subpart D – Part 119 Certificate Holders Authorized To Conduct Operations under Part 121 or Part 135 or Operators Under § 91.147 of This Chapter and Safety-Sensitive Employees

§ 120.31 Prohibited drugs.

(a) Each certificate holder or operator shall provide each employee performing a function listed in subpart E of this part, and his or her supervisor, with the training specified in that subpart.


(b) No certificate holder or operator may use any contractor to perform a function listed in subpart E of this part unless that contractor provides each of its employees performing that function for the certificate holder or operator, and his or her supervisor, with the training specified in that subpart.


§ 120.33 Use of prohibited drugs.

(a) This section applies to individuals who perform a function listed in subpart E of this part for a certificate holder or operator. For the purpose of this section, an individual who performs such a function pursuant to a contract with the certificate holder or the operator is considered to be performing that function for the certificate holder or the operator.


(b) No certificate holder or operator may knowingly use any individual to perform, nor may any individual perform for a certificate holder or an operator, either directly or by contract, any function listed in subpart E of this part while that individual has a prohibited drug, as defined in this part, in his or her system.


(c) No certificate holder or operator shall knowingly use any individual to perform, nor shall any individual perform for a certificate holder or operator, either directly or by contract, any safety-sensitive function if that individual has a verified positive drug test result on, or has refused to submit to, a drug test required by subpart E of this part and the individual has not met the requirements of that subpart for returning to the performance of safety-sensitive duties.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]


§ 120.35 Testing for prohibited drugs.

(a) Each certificate holder or operator shall test each of its employees who perform a function listed in subpart E of this part in accordance with that subpart.


(b) Except as provided in paragraph (c) of this section, no certificate holder or operator may use any contractor to perform a function listed in subpart E of this part unless that contractor tests each employee performing such a function for the certificate holder or operator in accordance with that subpart.


(c) If a certificate holder conducts an on-demand operation into an airport at which no maintenance providers are available that are subject to the requirements of subpart E of this part and emergency maintenance is required, the certificate holder may use individuals not meeting the requirements of paragraph (b) of this section to provide such emergency maintenance under both of the following conditions:


(1) The certificate holder must give written notification of the emergency maintenance to the Drug Abatement Program Division, AAM-800, 800 Independence Avenue, SW., Washington, DC 20591, within 10 days after being provided same in accordance with this paragraph. A certificate holder must retain copies of all such written notifications for two years.


(2) The aircraft must be reinspected by maintenance personnel who meet the requirements of paragraph (b) of this section when the aircraft is next at an airport where such maintenance personnel are available.


(d) For purposes of this section, emergency maintenance means maintenance that –


(1) Is not scheduled and


(2) Is made necessary by an aircraft condition not discovered prior to the departure for that location.


§ 120.37 Misuse of alcohol.

(a) General. This section applies to covered employees who perform a function listed in subpart F of this part for a certificate holder. For the purpose of this section, an individual who meets the definition of covered employee in subpart F of this part is considered to be performing the function for the certificate holder.


(b) Alcohol concentration. No covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No certificate holder having actual knowledge that an employee has an alcohol concentration of 0.04 or greater shall permit the employee to perform or continue to perform safety-sensitive functions.


(c) On-duty use. No covered employee shall use alcohol while performing safety-sensitive functions. No certificate holder having actual knowledge that a covered employee is using alcohol while performing safety-sensitive functions shall permit the employee to perform or continue to perform safety-sensitive functions.


(d) Pre-duty use. (1) No covered employee shall perform flight crewmember or flight attendant duties within 8 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 8 hours shall permit the employee to perform or continue to perform the specified duties.


(2) No covered employee shall perform safety-sensitive duties other than those specified in paragraph (d)(1) of this section within 4 hours after using alcohol. No certificate holder having actual knowledge that such an employee has used alcohol within 4 hours shall permit the employee to perform or to continue to perform safety-sensitive functions.


(e) Use following an accident. No covered employee who has actual knowledge of an accident involving an aircraft for which he or she performed a safety-sensitive function at or near the time of the accident shall use alcohol for 8 hours following the accident, unless he or she has been given a post-accident test under subpart F of this part, or the employer has determined that the employee’s performance could not have contributed to the accident.


(f) Refusal to submit to a required alcohol test. A covered employee must not refuse to submit to any alcohol test required under subpart F of this part. A certificate holder must not permit an employee who refuses to submit to such a test to perform or continue to perform safety-sensitive functions.


§ 120.39 Testing for alcohol.

(a) Each certificate holder must establish an alcohol testing program in accordance with the provisions of subpart F of this part.


(b) Except as provided in paragraph (c) of this section, no certificate holder or operator may use any individual who meets the definition of covered employee in subpart A of this part to perform a safety-sensitive function listed in that subpart F of this part unless that individual is subject to testing for alcohol misuse in accordance with the provisions of that subpart.


(c) If a certificate holder conducts an on-demand operation into an airport at which no maintenance providers are available that are subject to the requirements of subpart F of this part and emergency maintenance is required, the certificate holder may use individuals not meeting the requirements of paragraph (b) of this section to provide such emergency maintenance under both of the following conditions:


(1) The certificate holder must give written notification of the emergency maintenance to the Drug Abatement Program Division, AAM-800, 800 Independence Avenue, SW., Washington, DC 20591, within 10 days after being provided same in accordance with this paragraph. A certificate holder must retain copies of all such written notifications for two years.


(2) The aircraft must be reinspected by maintenance personnel who meet the requirements of paragraph (b) of this section when the aircraft is next at an airport where such maintenance personnel are available.


(d) For purposes of this section, emergency maintenance means maintenance that –


(1) Is not scheduled and


(2) Is made necessary by an aircraft condition not discovered prior to the departure for that location.


Subpart E – Drug Testing Program Requirements

§ 120.101 Scope.

This subpart contains the standards and components that must be included in a drug testing program required by this part.


§ 120.103 General.

(a) Purpose. The purpose of this subpart is to establish a program designed to help prevent accidents and injuries resulting from the use of prohibited drugs by employees who perform safety-sensitive functions.


(b) DOT procedures. (1) Each employer shall ensure that drug testing programs conducted pursuant to 14 CFR parts 65, 91, 121, and 135 comply with the requirements of this subpart and the “Procedures for Transportation Workplace Drug Testing Programs” published by the Department of Transportation (DOT) (49 CFR part 40).


(2) An employer may not use or contract with any drug testing laboratory that is not certified by the Department of Health and Human Services (HHS) under the National Laboratory Certification Program.


(c) Employer responsibility. As an employer, you are responsible for all actions of your officials, representatives, and service agents in carrying out the requirements of this subpart and 49 CFR part 40.


(d) Applicable Federal Regulations. The following applicable regulations appear in 49 CFR or 14 CFR:


(1) 49 CFR Part 40 – Procedures for Transportation Workplace Drug Testing Programs


(2) 14 CFR:


(i) § 67.107 – First-Class Airman Medical Certificate, Mental.


(ii) § 67.207 – Second-Class Airman Medical Certificate, Mental.


(iii) § 67.307 – Third-Class Airman Medical Certificate, Mental.


(iv) § 91.147 – Passenger carrying flight for compensation or hire.


(v) § 135.1 – Applicability


(e) Falsification. No individual may make, or cause to be made, any of the following:


(1) Any fraudulent or intentionally false statement in any application of a drug testing program.


(2) Any fraudulent or intentionally false entry in any record or report that is made, kept, or used to show compliance with this part.


(3) Any reproduction or alteration, for fraudulent purposes, of any report or record required to be kept by this part.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3153, Jan. 20, 2010]


§ 120.105 Employees who must be tested.

Each employee, including any assistant, helper, or individual in a training status, who performs a safety-sensitive function listed in this section directly or by contract (including by subcontract at any tier) for an employer as defined in this subpart must be subject to drug testing under a drug testing program implemented in accordance with this subpart. This includes full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. The safety-sensitive functions are:


(a) Flight crewmember duties.


(b) Flight attendant duties.


(c) Flight instruction duties.


(d) Aircraft dispatcher duties.


(e) Aircraft maintenance and preventive maintenance duties.


(f) Ground security coordinator duties.


(g) Aviation screening duties.


(h) Air traffic control duties.


(i) Operations control specialist duties.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt. 120-2, 79 FR 9973, Feb. 21, 2014]


§ 120.107 Substances for which testing must be conducted.

Each employer shall test each employee who performs a safety-sensitive function for evidence of a prohibited drug during each test required by § 120.109.


[84 FR 16773, Apr. 23, 2019]


§ 120.109 Types of drug testing required.

Each employer shall conduct the types of testing described in this section in accordance with the procedures set forth in this subpart and the DOT “Procedures for Transportation Workplace Drug Testing Programs” (49 CFR part 40).


(a) Pre-employment drug testing. (1) No employer may hire any individual for a safety-sensitive function listed in § 120.105 unless the employer first conducts a pre-employment test and receives a verified negative drug test result for that individual.


(2) No employer may allow an individual to transfer from a nonsafety-sensitive to a safety-sensitive function unless the employer first conducts a pre-employment test and receives a verified negative drug test result for the individual.


(3) Employers must conduct another pre-employment test and receive a verified negative drug test result before hiring or transferring an individual into a safety-sensitive function if more than 180 days elapse between conducting the pre-employment test required by paragraphs (a)(1) or (2) of this section and hiring or transferring the individual into a safety-sensitive function, resulting in that individual being brought under an FAA drug testing program.


(4) If the following criteria are met, an employer is permitted to conduct a pre-employment test, and if such a test is conducted, the employer must receive a negative test result before putting the individual into a safety-sensitive function:


(i) The individual previously performed a safety-sensitive function for the employer and the employer is not required to pre-employment test the individual under paragraphs (a)(1) or (2) of this section before putting the individual to work in a safety-sensitive function;


(ii) The employer removed the individual from the employer’s random testing program conducted under this subpart for reasons other than a verified positive test result on an FAA-mandated drug test or a refusal to submit to such testing; and


(iii) The individual will be returning to the performance of a safety-sensitive function.


(5) Before hiring or transferring an individual to a safety-sensitive function, the employer must advise each individual that the individual will be required to undergo pre-employment testing in accordance with this subpart, to determine the presence of a prohibited drug in the individual’s system. The employer shall provide this same notification to each individual required by the employer to undergo pre-employment testing under paragraph (a)(4) of this section.


(b) Random drug testing. (1) Except as provided in paragraphs (b)(2) through (b)(4) of this section, the minimum annual percentage rate for random drug testing shall be 50 percent of covered employees.


(2) The Administrator’s decision to increase or decrease the minimum annual percentage rate for random drug testing is based on the reported positive rate for the entire industry. All information used for this determination is drawn from the statistical reports required by § 120.119. In order to ensure reliability of the data, the Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry positive rate. Each year, the Administrator will publish in the Federal Register the minimum annual percentage rate for random drug testing of covered employees. The new minimum annual percentage rate for random drug testing will be applicable starting January 1 of the calendar year following publication.


(3) When the minimum annual percentage rate for random drug testing is 50 percent, the Administrator may lower this rate to 25 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this subpart for two consecutive calendar years indicate that the reported positive rate is less than 1.0 percent.


(4) When the minimum annual percentage rate for random drug testing is 25 percent, and the data received under the reporting requirements of this subpart for any calendar year indicate that the reported positive rate is equal to or greater than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random drug testing to 50 percent of all covered employees.


(5) The selection of employees for random drug testing shall be made by a scientifically valid method, such as a random-number table or a computer-based random number generator that is matched with employees’ Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made.


(6) As an employer, you must select and test a percentage of employees at least equal to the minimum annual percentage rate each year.


(i) As an employer, to determine whether you have met the minimum annual percentage rate, you must divide the number of random testing results for safety-sensitive employees by the average number of safety-sensitive employees eligible for random testing.


(A) To calculate whether you have met the annual minimum percentage rate, count all random positives, random negatives, and random refusals as your “random testing results.”


(B) To calculate the average number of safety-sensitive employees eligible for random testing throughout the year, add the total number of safety-sensitive employees eligible for testing during each random testing period for the year and divide that total by the number of random testing periods. Only safety-sensitive employees are to be in an employer’s random testing pool, and all safety-sensitive employees must be in the random pool. If you are an employer conducting random testing more often than once per month (e.g., you select daily, weekly, bi-weekly) you do not need to compute this total number of safety-sensitive employees more than on a once per month basis.


(ii) As an employer, you may use a service agent to perform random selections for you, and your safety-sensitive employees may be part of a larger random testing pool of safety-sensitive employees. However, you must ensure that the service agent you use is testing at the appropriate percentage established for your industry and that only safety-sensitive employees are in the random testing pool. For example:


(A) If the service agent has your employees in a random testing pool for your company alone, you must ensure that the testing is conducted at least at the minimum annual percentage rate under this part.


(B) If the service agent has your employees in a random testing pool combined with other FAA-regulated companies, you must ensure that the testing is conducted at least at the minimum annual percentage rate under this part.


(C) If the service agent has your employees in a random testing pool combined with other DOT-regulated companies, you must ensure that the testing is conducted at least at the highest rate required for any DOT-regulated company in the pool.


(7) Each employer shall ensure that random drug tests conducted under this subpart are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year.


(8) Each employer shall require that each safety-sensitive employee who is notified of selection for random drug testing proceeds to the collection site immediately; provided, however, that if the employee is performing a safety-sensitive function at the time of the notification, the employer shall instead ensure that the employee ceases to perform the safety-sensitive function and proceeds to the collection site as soon as possible.


(9) If a given covered employee is subject to random drug testing under the drug testing rules of more than one DOT agency, the employee shall be subject to random drug testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the employee’s function.


(10) If an employer is required to conduct random drug testing under the drug testing rules of more than one DOT agency, the employer may –


(i) Establish separate pools for random selection, with each pool containing the covered employees who are subject to testing at the same required rate; or


(ii) Randomly select covered employees for testing at the highest percentage rate established for the calendar year by any DOT agency to which the employer is subject.


(11) An employer required to conduct random drug testing under the anti-drug rules of more than one DOT agency shall provide each such agency access to the employer’s records of random drug testing, as determined to be necessary by the agency to ensure the employer’s compliance with the rule.


(c) Post-accident drug testing. Each employer shall test each employee who performs a safety-sensitive function for the presence of a prohibited drug in the employee’s system if that employee’s performance either contributed to an accident or cannot be completely discounted as a contributing factor to the accident. The employee shall be tested as soon as possible but not later than 32 hours after the accident. The decision not to administer a test under this section must be based on a determination, using the best information available at the time of the determination, that the employee’s performance could not have contributed to the accident. The employee shall submit to post-accident testing under this section.


(d) Drug testing based on reasonable cause. Each employer must test each employee who performs a safety-sensitive function and who is reasonably suspected of having used a prohibited drug. The decision to test must be based on a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific contemporaneous physical, behavioral, or performance indicators of probable drug use. At least two of the employee’s supervisors, one of whom is trained in detection of the symptoms of possible drug use, must substantiate and concur in the decision to test an employee who is reasonably suspected of drug use; except that in the case of an employer, other than a part 121 certificate holder, who employs 50 or fewer employees who perform safety-sensitive functions, one supervisor who is trained in detection of symptoms of possible drug use must substantiate the decision to test an employee who is reasonably suspected of drug use.


(e) Return to duty drug testing. Each employer shall ensure that before an individual is returned to duty to perform a safety-sensitive function after refusing to submit to a drug test required by this subpart or receiving a verified positive drug test result on a test conducted under this subpart the individual shall undergo a return-to-duty drug test. No employer shall allow an individual required to undergo return-to-duty testing to perform a safety-sensitive function unless the employer has received a verified negative drug test result for the individual. The test cannot occur until after the SAP has determined that the employee has successfully complied with the prescribed education and/or treatment.


(f) Follow-up drug testing. (1) Each employer shall implement a reasonable program of unannounced testing of each individual who has been hired to perform or who has been returned to the performance of a safety-sensitive function after refusing to submit to a drug test required by this subpart or receiving a verified positive drug test result on a test conducted under this subpart.


(2) The number and frequency of such testing shall be determined by the employer’s Substance Abuse Professional conducted in accordance with the provisions of 49 CFR part 40, but shall consist of at least six tests in the first 12 months following the employee’s return to duty.


(3) The employer must direct the employee to undergo testing for alcohol in accordance with subpart F of this part, in addition to drugs, if the Substance Abuse Professional determines that alcohol testing is necessary for the particular employee. Any such alcohol testing shall be conducted in accordance with the provisions of 49 CFR part 40.


(4) Follow-up testing shall not exceed 60 months after the date the individual begins to perform or returns to the performance of a safety-sensitive function. The Substance Abuse Professional may terminate the requirement for follow-up testing at any time after the first six tests have been conducted, if the Substance Abuse Professional determines that such testing is no longer necessary.


[Docket No. FAA-2008-0937, 74 FR 22653, May 14, 2009,

as amended at 84 FR 16773, Apr. 23, 2019]


§ 120.111 Administrative and other matters.

(a) MRO record retention requirements. (1) Records concerning drug tests confirmed positive by the laboratory shall be maintained by the MRO for 5 years. Such records include the MRO copies of the custody and control form, medical interviews, documentation of the basis for verifying as negative test results confirmed as positive by the laboratory, any other documentation concerning the MRO’s verification process.


(2) Should the employer change MRO’s for any reason, the employer shall ensure that the former MRO forwards all records maintained pursuant to this rule to the new MRO within ten working days of receiving notice from the employer of the new MRO’s name and address.


(3) Any employer obtaining MRO services by contract, including a contract through a C/TPA, shall ensure that the contract includes a recordkeeping provision that is consistent with this paragraph, including requirements for transferring records to a new MRO.


(b) Access to records. The employer and the MRO shall permit the Administrator or the Administrator’s representative to examine records required to be kept under this subpart and 49 CFR part 40. The Administrator or the Administrator’s representative may require that all records maintained by the service agent for the employer must be produced at the employer’s place of business.


(c) Release of drug testing information. An employer shall release information regarding an employee’s drug testing results, evaluation, or rehabilitation to a third party in accordance with 49 CFR part 40. Except as required by law, this subpart, or 49 CFR part 40, no employer shall release employee information.


(d) Refusal to submit to testing. Each employer must notify the FAA within 2 working days of any employee who holds a certificate issued under part 61, part 63, or part 65 of this chapter who has refused to submit to a drug test required under this subpart. Notification must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591, or by fax to (202) 267-5200.


(e) Permanent disqualification from service. (1) An employee who has verified positive drug test results on two drug tests required by this subpart of this chapter, and conducted after September 19, 1994, is permanently precluded from performing for an employer the safety-sensitive duties the employee performed prior to the second drug test.


(2) An employee who has engaged in prohibited drug use during the performance of a safety-sensitive function after September 19, 1994 is permanently precluded from performing that safety-sensitive function for an employer.


(f) DOT management information system annual reports. Copies of any annual reports submitted to the FAA under this subpart must be maintained by the employer for a minimum of 5 years.


§ 120.113 Medical Review Officer, Substance Abuse Professional, and Employer Responsibilities.

(a) The employer shall designate or appoint a Medical Review Officer (MRO) who shall be qualified in accordance with 49 CFR part 40 and shall perform the functions set forth in 49 CFR part 40 and this subpart. If the employer does not have a qualified individual on staff to serve as MRO, the employer may contract for the provision of MRO services as part of its drug testing program.


(b) Medical Review Officer (MRO). The MRO must perform the functions set forth in subpart G of 49 CFR part 40, and subpart E of this part. The MRO shall not delay verification of the primary test result following a request for a split specimen test unless such delay is based on reasons other than the fact that the split specimen test result is pending. If the primary test result is verified as positive, actions required under this rule (e.g., notification to the Federal Air Surgeon, removal from safety-sensitive position) are not stayed during the 72-hour request period or pending receipt of the split specimen test result.


(c) Substance Abuse Professional (SAP). The SAP must perform the functions set forth in 49 CFR part 40, subpart O.


(d) Additional Medical Review Officer, Substance Abuse Professional, and Employer Responsibilities Regarding 14 CFR part 67 Airman Medical Certificate Holders. (1) As part of verifying a confirmed positive test result or refusal to submit to a test, the MRO must ask and the individual must answer whether he or she holds an airman medical certificate issued under 14 CFR part 67 or would be required to hold an airman medical certificate to perform a safety-sensitive function for the employer. If the individual answers in the affirmative to either question, in addition to notifying the employer in accordance with 49 CFR part 40, the MRO must forward to the Federal Air Surgeon, at the address listed in paragraph (d)(5) of this section, the name of the individual, along with identifying information and supporting documentation, within 2 working days after verifying a positive drug test result or refusal to submit to a test.


(2) During the SAP interview required for a verified positive test result or a refusal to submit to a test, the SAP must ask and the individual must answer whether he or she holds or would be required to hold an airman medical certificate issued under 14 CFR part 67 to perform a safety-sensitive function for the employer. If the individual answers in the affirmative, the individual must obtain an airman medical certificate issued by the Federal Air Surgeon dated after the verified positive drug test result date or refusal to test date. After the individual obtains this airman medical certificate, the SAP may recommend to the employer that the individual may be returned to a safety-sensitive position. The receipt of an airman medical certificate does not alter any obligations otherwise required by 49 CFR part 40 or this subpart.


(3) An employer must forward to the Federal Air Surgeon within 2 working days of receipt, copies of all reports provided to the employer by a SAP regarding the following:


(i) An individual who the MRO has reported to the Federal Air Surgeon under § 120.113 (d)(1); or


(ii) An individual who the employer has reported to the Federal Air Surgeon under § 120.111(d).


(4) The employer must not permit an employee who is required to hold an airman medical certificate under 14 CFR part 67 to perform a safety-sensitive duty to resume that duty until the employee has:


(i) Been issued an airman medical certificate from the Federal Air Surgeon after the date of the verified positive drug test result or refusal to test; and


(ii) Met the return to duty requirements in accordance with 49 CFR part 40.


(5) Reports required under this section shall be forwarded to the Federal Air Surgeon, Federal Aviation Administration, Office of Aerospace Medicine, Attn: Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591.


(6) MROs, SAPs, and employers who send reports to the Federal Air Surgeon must keep a copy of each report for 5 years.


§ 120.115 Employee Assistance Program (EAP).

(a) The employer shall provide an EAP for employees. The employer may establish the EAP as a part of its internal personnel services or the employer may contract with an entity that will provide EAP services to an employee. Each EAP must include education and training on drug use for employees and training for supervisors making determinations for testing of employees based on reasonable cause.


(b) EAP education program. (1) Each EAP education program must include at least the following elements:


(i) Display and distribution of informational material;


(ii) Display and distribution of a community service hot-line telephone number for employee assistance; and


(iii) Display and distribution of the employer’s policy regarding drug use in the workplace.


(2) The employer’s policy shall include information regarding the consequences under the rule of using drugs while performing safety-sensitive functions, receiving a verified positive drug test result, or refusing to submit to a drug test required under the rule.


(c) EAP training program. (1) Each employer shall implement a reasonable program of initial training for employees. The employee training program must include at least the following elements:


(i) The effects and consequences of drug use on individual health, safety, and work environment;


(ii) The manifestations and behavioral cues that may indicate drug use and abuse; and


(2) The employer’s supervisory personnel who will determine when an employee is subject to testing based on reasonable cause shall receive specific training on specific, contemporaneous physical, behavioral, and performance indicators of probable drug use in addition to the training specified in § 120.115 (c).


(3) The employer shall ensure that supervisors who will make reasonable cause determinations receive at least 60 minutes of initial training.


(4) The employer shall implement a reasonable recurrent training program for supervisory personnel making reasonable cause determinations during subsequent years.


(5) Documentation of all training given to employees and supervisory personnel must be included in the training program.


(6) The employer shall identify the employee and supervisor EAP training in the employer’s drug testing program.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt. 120-1, 78 FR 42003, July 15, 2013]


§ 120.117 Implementing a drug testing program.

(a) Each company must meet the requirements of this subpart. Use the following chart to determine whether your company must obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification, Letter of Authorization, or Drug and Alcohol Testing Program Registration from the FAA:


If you are . . .
You must . . .
(1) A part 119 certificate holder with authority to operate under parts 121 or 135Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector.
(2) An operator as defined in § 91.147 of this chapterObtain a Letter of Authorization by contacting the Flight Standards District Office nearest to your principal place of business.
(3) A part 119 certificate holder with authority to operate under parts 121 or 135 and an operator as defined in § 91.147 of this chapterComplete the requirements in paragraphs 1 and 2 of this chart and advise the Flight Standards District Office and the Drug Abatement Division that the § 91.147 operation will be included under the part 119 testing program. Contact the Drug Abatement Division at FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.
(4) An air traffic control facility not operated by the FAA or by or under contract to the U.S. MilitaryRegister with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.
(5) A part 145 certificate holder who has your own drug testing programObtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your Principal Maintenance Inspector or register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591, if you opt to conduct your own drug testing program.
(6) A contractor who has your own drug testing programRegister with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591, if you opt to conduct your own drug testing program.

(b) Use the following chart for implementing a drug testing program if you are applying for a part 119 certificate with authority to operate under parts 121 or 135 of this chapter, if you intend to begin operations as defined in § 91.147 of this chapter, or if you intend to begin air traffic control operations (not operated by the FAA or by or under contract to the U.S. Military). Use it to determine whether you need to have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, Letter of Authorization, or Drug and Alcohol Testing Program Registration from the FAA. Your employees who perform safety-sensitive functions must be tested in accordance with this subpart. The chart follows:


If you . . .
You must . . .
(1) Apply for a part 119 certificate with authority to operate under parts 121 or 135(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification,
(ii) Implement an FAA drug testing program no later than the date you start operations, and
(iii) Meet the requirements of this subpart.
(2) Intend to begin operations as defined in § 91.147 of this chapter(i) Have a Letter of Authorization,
(ii) Implement an FAA drug testing program no later than the date you start operations, and
(iii) Meet the requirements of this subpart.
(3) Apply for a part 119 certificate with authority to operate under parts 121 or 135 and intend to begin operations as defined in § 91.147 of this chapter(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification and a Letter of Authorization,
(ii) Implement your combined FAA drug testing program no later than the date you start operations, and
(iii) Meet the requirements of this subpart.
(4) Intend to begin air traffic control operations (at an air traffic control facility not operated by the FAA or by or under contract to the U.S. military)(i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591, prior to starting operations,
(ii) Implement an FAA drug testing program no later than the date you start operations, and
(iii) Meet the requirements of this subpart.

(c) If you are an individual or company that intends to provide safety-sensitive services by contract to a part 119 certificate holder with authority to operate under parts 121 and/or 135 of this chapter, an operation as defined in § 91.147 of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military, use the following chart to determine what you must do if you opt to have your own drug testing program.


If you . . .
And you opt to conduct your own drug program, you must . . .
(1) Are a part 145 certificate holder(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification or register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591,
(ii) Implement an FAA drug testing program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with authority to operate under parts 121 or 135, or operator as defined in § 91.147 of this chapter, and
(iii) Meet the requirements of this subpart as if you were an employer.
(2) Are a contractor(i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591,
(ii) Implement an FAA drug testing program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with authority to operate under parts 121 or 135, or operator as defined in § 91.147 of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. Military, and
(iii) Meet the requirements of this subpart as if you were an employer.

(d) Obtaining an Antidrug and Alcohol Misuse Prevention Program Operations Specification. (1) To obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification, you must contact your FAA Principal Operations Inspector or Principal Maintenance Inspector. Provide him/her with the following information:


(i) Company name.


(ii) Certificate number.


(iii) Telephone number.


(iv) Address where your drug and alcohol testing program records are kept.


(v) Whether you have 50 or more safety-sensitive employees, or 49 or fewer safety-sensitive employees. (Part 119 certificate holders with authority to operate only under part 121 of this chapter are not required to provide this information.)


(2) You must certify on your Antidrug and Alcohol Misuse Prevention Program Operations Specification issued by your FAA Principal Operations Inspector or Principal Maintenance Inspector that you will comply with this part and 49 CFR part 40.


(3) You are required to obtain only one Antidrug and Alcohol Misuse Prevention Program Operations Specification to satisfy this requirement under this part.


(4) You must update the Antidrug and Alcohol Misuse Prevention Program Operations Specification when any changes to the information contained in the Operation Specification occur.


(e) Register your Drug and Alcohol Testing Program by obtaining a Letter of Authorization from the FAA in accordance with § 91.147. (1) A drug and alcohol testing program is considered registered when the following information is submitted to the Flight Standards District Office nearest your principal place of business:


(i) Company name.


(ii) Telephone number.


(iii) Address where your drug and alcohol testing program records are kept.


(iv) Type of safety-sensitive functions you or your employees perform (such as flight instruction duties, aircraft dispatcher duties, maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties).


(v) Whether you have 50 or more covered employees, or 49 or fewer covered employees.


(vi) A signed statement indicating that your company will comply with this part and 49 CFR part 40.


(2) This Letter of Authorization will satisfy the requirements for both your drug testing program under this subpart and your alcohol testing program under subpart F of this part.


(3) Update the Letter of Authorization information as changes occur. Send the updates to the Flight Standards District Office nearest your principal place of business.


(4) If you are a part 119 certificate holder with authority to operate under parts 121 or 135 and intend to begin operations as defined in § 91.147 of this chapter, you must also advise the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.


(f) Obtaining a Drug and Alcohol Testing Program Registration from the FAA. (1) Except as provided in paragraphs (d) and (e) of this section, to obtain a Drug and Alcohol Testing Program Registration from the FAA, you must submit the following information to the Office of Aerospace Medicine, Drug Abatement Division:


(i) Company name.


(ii) Telephone number.


(iii) Address where your drug and alcohol testing program records are kept.


(iv) Type of safety-sensitive functions you or your employees perform (such as flight instruction duties, aircraft dispatcher duties, maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties).


(v) Whether you have 50 or more covered employees, or 49 or fewer covered employees.


(vi) A signed statement indicating that: your company will comply with this part and 49 CFR part 40; and you intend to provide safety-sensitive functions by contract (including subcontract at any tier) to a part 119 certificate holder with authority to operate under part 121 or part 135 of this chapter, an operator as defined in § 91.147 of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military.


(2) Send this information to the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.


(3) This Drug and Alcohol Testing Program Registration will satisfy the registration requirements for both your drug testing program under this subpart and your alcohol testing program under subpart F of this part.


(4) Update the registration information as changes occur. Send the updates to the address specified in paragraph (f)(2) of this section.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010, as amended by Amdt. 120-1, 78 FR 42003, July 15, 2013]


§ 120.119 Annual reports.

(a) Annual reports of testing results must be submitted to the FAA by March 15 of the succeeding calendar year for the prior calendar year (January 1 through December 31) in accordance with the following provisions:


(1) Each part 121 certificate holder shall submit an annual report each year.


(2) Each entity conducting a drug testing program under this part, other than a part 121 certificate holder, that has 50 or more employees performing a safety-sensitive function on January 1 of any calendar year shall submit an annual report to the FAA for that calendar year.


(3) The Administrator reserves the right to require that aviation employers not otherwise required to submit annual reports prepare and submit such reports to the FAA. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA.


(b) As an employer, you must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 40.26 and appendix H to 49 CFR part 40). You may also use the electronic version of the MIS form provided by DOT. The Administrator may designate means (e.g., electronic program transmitted via the Internet) other than hard-copy, for MIS form submission. For information on where to submit MIS forms and for the electronic version of the form, see: http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/drug_alcohol.


(c) A service agent may prepare the MIS report on behalf of an employer. However, a company official (e.g., Designated Employer Representative as defined in 49 CFR part 40) must certify the accuracy and completeness of the MIS report, no matter who prepares it.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010]


§ 120.121 Preemption.

(a) The issuance of 14 CFR parts 65, 91, 121, and 135 by the FAA preempts any State or local law, rule, regulation, order, or standard covering the subject matter of 14 CFR parts 65, 91, 121, and 135, including but not limited to, drug testing of aviation personnel performing safety-sensitive functions.


(b) The issuance of 14 CFR parts 65, 91, 121, and 135 does not preempt provisions of state criminal law that impose sanctions for reckless conduct of an individual that leads to actual loss of life, injury, or damage to property whether such provisions apply specifically to aviation employees or generally to the public.


§ 120.123 Drug testing outside the territory of the United States.

(a) No part of the testing process (including specimen collection, laboratory processing, and MRO actions) shall be conducted outside the territory of the United States.


(1) Each employee who is assigned to perform safety-sensitive functions solely outside the territory of the United States shall be removed from the random testing pool upon the inception of such assignment.


(2) Each covered employee who is removed from the random testing pool under this section shall be returned to the random testing pool when the employee resumes the performance of safety-sensitive functions wholly or partially within the territory of the United States.


(b) The provisions of this subpart shall not apply to any individual who performs a function listed in § 120.105 by contract for an employer outside the territory of the United States.


§ 120.125 Waivers from 49 CFR 40.21.

An employer subject to this part may petition the Drug Abatement Division, Office of Aerospace Medicine, for a waiver allowing the employer to stand down an employee following a report of a laboratory confirmed positive drug test or refusal, pending the outcome of the verification process.


(a) Each petition for a waiver must be in writing and include substantial facts and justification to support the waiver. Each petition must satisfy the substantive requirements for obtaining a waiver, as provided in 49 CFR 40.21.


(b) Each petition for a waiver must be submitted to the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591.


(c) The Administrator may grant a waiver subject to 49 CFR 40.21(d).


Subpart F – Alcohol Testing Program Requirements

§ 120.201 Scope.

This subpart contains the standards and components that must be included in an alcohol testing program required by this part.


§ 120.203 General.

(a) Purpose. The purpose of this subpart is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol by employees who perform safety-sensitive functions in aviation.


(b) Alcohol testing procedures. Each employer shall ensure that all alcohol testing conducted pursuant to this subpart complies with the procedures set forth in 49 CFR part 40. The provisions of 49 CFR part 40 that address alcohol testing are made applicable to employers by this subpart.


(c) Employer responsibility. As an employer, you are responsible for all actions of your officials, representatives, and service agents in carrying out the requirements of the DOT agency regulations.


§ 120.205 Preemption of State and local laws.

(a) Except as provided in paragraph (a)(2) of this section, these regulations preempt any State or local law, rule, regulation, or order to the extent that:


(1) Compliance with both the State or local requirement and this subpart is not possible; or


(2) Compliance with the State or local requirement is an obstacle to the accomplishment and execution of any requirement in this subpart.


(b) The alcohol testing requirements of this title shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public.


§ 120.207 Other requirements imposed by employers.

Except as expressly provided in these alcohol testing requirements, nothing in this subpart shall be construed to affect the authority of employers, or the rights of employees, with respect to the use or possession of alcohol, including any authority and rights with respect to alcohol testing and rehabilitation.


§ 120.209 Requirement for notice.

Before performing an alcohol test under this subpart, each employer shall notify a covered employee that the alcohol test is required by this subpart. No employer shall falsely represent that a test is administered under this subpart.


§ 120.211 Applicable Federal regulations.

The following applicable regulations appear in 49 CFR and 14 CFR:


(a) 49 CFR Part 40 – Procedures for Transportation Workplace Drug Testing Programs


(b) 14 CFR:


(1) § 67.107 – First-Class Airman Medical Certificate, Mental.


(2) § 67.207 – Second-Class Airman Medical Certificate, Mental.


(3) § 67.307 – Third-Class Airman Medical Certificate, Mental.


(4) § 91.147 – Passenger carrying flights for compensation or hire.


(5) § 135.1 – Applicability


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010]


§ 120.213 Falsification.

No individual may make, or cause to be made, any of the following:


(a) Any fraudulent or intentionally false statement in any application of an alcohol testing program.


(b) Any fraudulent or intentionally false entry in any record or report that is made, kept, or used to show compliance with this subpart.


(c) Any reproduction or alteration, for fraudulent purposes, of any report or record required to be kept by this subpart.


§ 120.215 Covered employees.

(a) Each employee, including any assistant, helper, or individual in a training status, who performs a safety-sensitive function listed in this section directly or by contract (including by subcontract at any tier) for an employer as defined in this subpart must be subject to alcohol testing under an alcohol testing program implemented in accordance with this subpart. This includes full-time, part-time, temporary, and intermittent employees regardless of the degree of supervision. The safety-sensitive functions are:


(1) Flight crewmember duties.


(2) Flight attendant duties.


(3) Flight instruction duties.


(4) Aircraft dispatcher duties.


(5) Aircraft maintenance or preventive maintenance duties.


(6) Ground security coordinator duties.


(7) Aviation screening duties.


(8) Air traffic control duties.


(9) Operations control specialist duties.


(b) Each employer must identify any employee who is subject to the alcohol testing regulations of more than one DOT agency. Prior to conducting any alcohol test on a covered employee subject to the alcohol testing regulations of more than one DOT agency, the employer must determine which DOT agency authorizes or requires the test.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt. 120-2, 79 FR 9973, Feb. 21, 2014]


§ 120.217 Tests required.

(a) Pre-employment alcohol testing. As an employer, you may, but are not required to, conduct pre-employment alcohol testing under this subpart. If you choose to conduct pre-employment alcohol testing, you must comply with the following requirements:


(1) You must conduct a pre-employment alcohol test before the first performance of safety-sensitive functions by every covered employee (whether a new employee or someone who has transferred to a position involving the performance of safety-sensitive functions).


(2) You must treat all safety-sensitive employees performing safety-sensitive functions the same for the purpose of pre-employment alcohol testing (i.e., you must not test some covered employees and not others).


(3) You must conduct the pre-employment tests after making a contingent offer of employment or transfer, subject to the employee passing the pre-employment alcohol test.


(4) You must conduct all pre-employment alcohol tests using the alcohol testing procedures of 49 CFR part 40.


(5) You must not allow a covered employee to begin performing safety-sensitive functions unless the result of the employee’s test indicates an alcohol concentration of less than 0.04. If a pre-employment test result under this paragraph indicates an alcohol concentration of 0.02 or greater but less than 0.04, the provisions of § 120.221(f) apply.


(b) Post-accident alcohol testing. (1) As soon as practicable following an accident, each employer shall test each surviving covered employee for alcohol if that employee’s performance of a safety-sensitive function either contributed to the accident or cannot be completely discounted as a contributing factor to the accident. The decision not to administer a test under this section shall be based on the employer’s determination, using the best available information at the time of the determination, that the covered employee’s performance could not have contributed to the accident.


(2) If a test required by this section is not administered within 2 hours following the accident, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within 8 hours following the accident, the employer shall cease attempts to administer an alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FAA upon request of the Administrator or his or her designee.


(3) A covered employee who is subject to post-accident testing shall remain readily available for such testing or may be deemed by the employer to have refused to submit to testing. Nothing in this section shall be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit a covered employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency medical care.


(c) Random alcohol testing. (1) Except as provided in paragraphs (c)(2) through (c)(4) of this section, the minimum annual percentage rate for random alcohol testing will be 25 percent of the covered employees.


(2) The Administrator’s decision to increase or decrease the minimum annual percentage rate for random alcohol testing is based on the violation rate for the entire industry. All information used for this determination is drawn from MIS reports required by this subpart. In order to ensure reliability of the data, the Administrator considers the quality and completeness of the reported data, may obtain additional information or reports from employers, and may make appropriate modifications in calculating the industry violation rate. Each year, the Administrator will publish in the Federal Register the minimum annual percentage rate for random alcohol testing of covered employees. The new minimum annual percentage rate for random alcohol testing will be applicable starting January 1 of the calendar year following publication.


(3)(i) When the minimum annual percentage rate for random alcohol testing is 25 percent or more, the Administrator may lower this rate to 10 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this subpart for two consecutive calendar years indicate that the violation rate is less than 0.5 percent.


(ii) When the minimum annual percentage rate for random alcohol testing is 50 percent, the Administrator may lower this rate to 25 percent of all covered employees if the Administrator determines that the data received under the reporting requirements of this subpart for two consecutive calendar years indicate that the violation rate is less than 1.0 percent but equal to or greater than 0.5 percent.


(4)(i) When the minimum annual percentage rate for random alcohol testing is 10 percent, and the data received under the reporting requirements of this subpart for that calendar year indicate that the violation rate is equal to or greater than 0.5 percent but less than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random alcohol testing to 25 percent of all covered employees.


(ii) When the minimum annual percentage rate for random alcohol testing is 25 percent or less, and the data received under the reporting requirements of this subpart for that calendar year indicate that the violation rate is equal to or greater than 1.0 percent, the Administrator will increase the minimum annual percentage rate for random alcohol testing to 50 percent of all covered employees.


(5) The selection of employees for random alcohol testing shall be made by a scientifically valid method, such as a random-number table or a computer-based random number generator that is matched with employees’ Social Security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made.


(6) As an employer, you must select and test a percentage of employees at least equal to the minimum annual percentage rate each year.


(i) As an employer, to determine whether you have met the minimum annual percentage rate, you must divide the number of random alcohol screening test results for safety-sensitive employees by the average number of safety-sensitive employees eligible for random testing.


(A) To calculate whether you have met the annual minimum percentage rate, count all random screening test results below 0.02 breath alcohol concentration, random screening test results of 0.02 or greater breath alcohol concentration, and random refusals as your “random alcohol screening test results.”


(B) To calculate the average number of safety-sensitive employees eligible for random testing throughout the year, add the total number of safety-sensitive employees eligible for testing during each random testing period for the year and divide that total by the number of random testing periods. Only safety-sensitive employees are to be in an employer’s random testing pool, and all safety-sensitive employees must be in the random pool. If you are an employer conducting random testing more often than once per month (e.g., you select daily, weekly, bi-weekly) you do not need to compute this total number of safety-sensitive employees more than on a once per month basis.


(ii) As an employer, you may use a service agent to perform random selections for you, and your safety-sensitive employees may be part of a larger random testing pool of safety-sensitive employees. However, you must ensure that the service agent you use is testing at the appropriate percentage established for your industry and that only safety-sensitive employees are in the random testing pool. For example:


(A) If the service agent has your employees in a random testing pool for your company alone, you must ensure that the testing is conducted at least at the minimum annual percentage rate under this part.


(B) If the service agent has your employees in a random testing pool combined with other FAA-regulated companies, you must ensure that the testing is conducted at least at the minimum annual percentage rate under this part.


(C) If the service agent has your employees in a random testing pool combined with other DOT-regulated companies, you must ensure that the testing is conducted at least at the highest rate required for any DOT-regulated company in the pool.


(7) Each employer shall ensure that random alcohol tests conducted under this subpart are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year.


(8) Each employer shall require that each covered employee who is notified of selection for random testing proceeds to the testing site immediately; provided, however, that if the employee is performing a safety-sensitive function at the time of the notification, the employer shall instead ensure that the employee ceases to perform the safety-sensitive function and proceeds to the testing site as soon as possible.


(9) A covered employee shall only be randomly tested while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions.


(10) If a given covered employee is subject to random alcohol testing under the alcohol testing rules of more than one DOT agency, the employee shall be subject to random alcohol testing at the percentage rate established for the calendar year by the DOT agency regulating more than 50 percent of the employee’s functions.


(11) If an employer is required to conduct random alcohol testing under the alcohol testing rules of more than one DOT agency, the employer may –


(i) Establish separate pools for random selection, with each pool containing the covered employees who are subject to testing at the same required rate; or


(ii) Randomly select such employees for testing at the highest percentage rate established for the calendar year by any DOT agency to which the employer is subject.


(d) Reasonable suspicion alcohol testing. (1) An employer shall require a covered employee to submit to an alcohol test when the employer has reasonable suspicion to believe that the employee has violated the alcohol misuse prohibitions in §§ 120.19 or 120.37.


(2) The employer’s determination that reasonable suspicion exists to require the covered employee to undergo an alcohol test shall be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee. The required observations shall be made by a supervisor who is trained in detecting the symptoms of alcohol misuse. The supervisor who makes the determination that reasonable suspicion exists shall not conduct the breath alcohol test on that employee.


(3) Alcohol testing is authorized by this section only if the observations required by paragraph (d)(2) of this section are made during, just preceding, or just after the period of the work day that the covered employee is required to be in compliance with this rule. An employee may be directed by the employer to undergo reasonable suspicion testing for alcohol only while the employee is performing safety-sensitive functions; just before the employee is to perform safety-sensitive functions; or just after the employee has ceased performing such functions.


(4)(i) If a test required by this section is not administered within 2 hours following the determination made under paragraph (d)(2) of this section, the employer shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If a test required by this section is not administered within 8 hours following the determination made under paragraph (d)(2) of this section, the employer shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test.


(ii) Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no covered employee shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the employee is under the influence of, or impaired by, alcohol, as shown by the behavioral, speech, or performance indicators of alcohol misuse, nor shall an employer permit the covered employee to perform or continue to perform safety-sensitive functions until:


(A) An alcohol test is administered and the employee’s alcohol concentration measures less than 0.02; or


(B) The start of the employee’s next regularly scheduled duty period, but not less than 8 hours following the determination made under paragraph (d)(2) of this section that there is reasonable suspicion that the employee has violated the alcohol misuse provisions in §§ 120.19 or 120.37.


(iii) No employer shall take any action under this subpart against a covered employee based solely on the employee’s behavior and appearance in the absence of an alcohol test. This does not prohibit an employer with authority independent of this subpart from taking any action otherwise consistent with law.


(e) Return-to-duty alcohol testing. Each employer shall ensure that before a covered employee returns to duty requiring the performance of a safety-sensitive function after engaging in conduct prohibited in §§ 120.19 or 120.37 the employee shall undergo a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02. The test cannot occur until after the SAP has determined that the employee has successfully complied with the prescribed education and/or treatment.


(f) Follow-up alcohol testing. (1) Each employer shall ensure that the employee who engages in conduct prohibited by §§ 120.19 or 120.37, is subject to unannounced follow-up alcohol testing as directed by a SAP.


(2) The number and frequency of such testing shall be determined by the employer’s SAP, but must consist of at least six tests in the first 12 months following the employee’s return to duty.


(3) The employer must direct the employee to undergo testing for drugs in accordance with subpart E of this part, in addition to alcohol, if the SAP determines that drug testing is necessary for the particular employee. Any such drug testing shall be conducted in accordance with the provisions of 49 CFR part 40.


(4) Follow-up testing shall not exceed 60 months after the date the individual begins to perform, or returns to the performance of, a safety-sensitive function. The SAP may terminate the requirement for follow-up testing at any time after the first six tests have been conducted, if the SAP determines that such testing is no longer necessary.


(5) A covered employee shall be tested for alcohol under this section only while the employee is performing safety-sensitive functions, just before the employee is to perform safety-sensitive functions, or just after the employee has ceased performing such functions.


(g) Retesting of covered employees with an alcohol concentration of 0.02 or greater but less than 0.04. Each employer shall retest a covered employee to ensure compliance with the provisions of § 120.221(f) if the employer chooses to permit the employee to perform a safety-sensitive function within 8 hours following the administration of an alcohol test indicating an alcohol concentration of 0.02 or greater but less than 0.04.


§ 120.219 Handling of test results, record retention, and confidentiality.

(a) Retention of records. (1) General requirement. In addition to the records required to be maintained under 49 CFR part 40, employers must maintain records required by this subpart in a secure location with controlled access.


(2) Period of retention.


(i) Five years.


(A) Copies of any annual reports submitted to the FAA under this subpart for a minimum of 5 years.


(B) Records of notifications to the Federal Air Surgeon of refusals to submit to testing and violations of the alcohol misuse prohibitions in this chapter by covered employees who hold medical certificates issued under part 67 of this chapter.


(C) Documents presented by a covered employee to dispute the result of an alcohol test administered under this subpart.


(D) Records related to other violations of §§ 120.19 or 120.37.


(ii) Two years. Records related to the testing process and training required under this subpart.


(A) Documents related to the random selection process.


(B) Documents generated in connection with decisions to administer reasonable suspicion alcohol tests.


(C) Documents generated in connection with decisions on post-accident tests.


(D) Documents verifying existence of a medical explanation of the inability of a covered employee to provide adequate breath for testing.


(E) Materials on alcohol misuse awareness, including a copy of the employer’s policy on alcohol misuse.


(F) Documentation of compliance with the requirements of § 120.223(a).


(G) Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol testing based on reasonable suspicion.


(H) Certification that any training conducted under this subpart complies with the requirements for such training.


(b) Annual reports. (1) Annual reports of alcohol testing program results must be submitted to the FAA by March 15 of the succeeding calendar year for the prior calendar year (January 1 through December 31) in accordance with the provisions of paragraphs (b)(1)(i) through (iii) of this section.


(i) Each part 121 certificate holder shall submit an annual report each year.


(ii) Each entity conducting an alcohol testing program under this part, other than a part 121 certificate holder, that has 50 or more employees performing a safety-sensitive function on January 1 of any calendar year shall submit an annual report to the FAA for that calendar year.


(iii) The Administrator reserves the right to require that aviation employers not otherwise required to submit annual reports prepare and submit such reports to the FAA. Employers that will be required to submit annual reports under this provision will be notified in writing by the FAA.


(2) As an employer, you must use the Management Information System (MIS) form and instructions as required by 49 CFR part 40 (at 49 CFR 40.26 and appendix H to 49 CFR part 40). You may also use the electronic version of the MIS form provided by the DOT. The Administrator may designate means (e.g., electronic program transmitted via the Internet) other than hard-copy, for MIS form submission. For information on where to submit MIS forms and for the electronic version of the form, see: http://www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/drug_alcohol/.


(3) A service agent may prepare the MIS report on behalf of an employer. However, a company official (e.g., Designated Employer Representative as defined in 49 CFR part 40) must certify the accuracy and completeness of the MIS report, no matter who prepares it.


(c) Access to records and facilities. (1) Except as required by law or expressly authorized or required in this subpart, no employer shall release covered employee information that is contained in records required to be maintained under this subpart.


(2) A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee’s use of alcohol, including any records pertaining to his or her alcohol tests in accordance with 49 CFR part 40. The employer shall promptly provide the records requested by the employee. Access to an employee’s records shall not be contingent upon payment for records other than those specifically requested.


(3) Each employer shall permit access to all facilities utilized in complying with the requirements of this subpart to the Secretary of Transportation or any DOT agency with regulatory authority over the employer or any of its covered employees.


§ 120.221 Consequences for employees engaging in alcohol-related conduct.

(a) Removal from safety-sensitive function. (1) Except as provided in 49 CFR part 40, no covered employee shall perform safety-sensitive functions if the employee has engaged in conduct prohibited by §§ 120.19 or 120.37, or an alcohol misuse rule of another DOT agency.


(2) No employer shall permit any covered employee to perform safety-sensitive functions if the employer has determined that the employee has violated this section.


(b) Permanent disqualification from service. (1) An employee who violates §§ 120.19(c) or 120.37(c) is permanently precluded from performing for an employer the safety-sensitive duties the employee performed before such violation.


(2) An employee who engages in alcohol use that violates another alcohol misuse provision of §§ 120.19 or 120.37, and who had previously engaged in alcohol use that violated the provisions of §§ 120.19 or 120.37 after becoming subject to such prohibitions, is permanently precluded from performing for an employer the safety-sensitive duties the employee performed before such violation.


(c) Notice to the Federal Air Surgeon. (1) An employer who determines that a covered employee who holds an airman medical certificate issued under part 67 of this chapter has engaged in alcohol use that violated the alcohol misuse provisions of §§ 120.19 or 120.37 shall notify the Federal Air Surgeon within 2 working days.


(2) Each such employer shall forward to the Federal Air Surgeon a copy of the report of any evaluation performed under the provisions of § 120.223(c) within 2 working days of the employer’s receipt of the report.


(3) All documents must be sent to the Federal Air Surgeon, Federal Aviation Administration, Office of Aerospace Medicine, Attn: Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591.


(4) No covered employee who is required to hold an airman medical certificate in order to perform a safety-sensitive duty may perform that duty following a violation of this subpart until the covered employee obtains an airman medical certificate issued by the Federal Air Surgeon dated after the alcohol test result or refusal to test date. After the covered employee obtains this airman medical certificate, the SAP may recommend to the employer that the covered employee may be returned to a safety-sensitive position. The receipt of an airman medical certificate does not alter any obligations otherwise required by 49 CFR part 40 or this subpart.


(5) Once the Federal Air Surgeon has recommended under paragraph (c)(4) of this section that the employee be permitted to perform safety-sensitive duties, the employer cannot permit the employee to perform those safety-sensitive duties until the employer has ensured that the employee meets the return to duty requirements in accordance with 49 CFR part 40.


(d) Notice of refusals. Each covered employer must notify the FAA within 2 working days of any employee who holds a certificate issued under part 61, part 63, or part 65 of this chapter who has refused to submit to an alcohol test required under this subpart. Notification must be sent to: Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591, or by fax to (202) 267-5200.


(e) Required evaluation and alcohol testing. No covered employee who has engaged in conduct prohibited by §§ 120.19 or 120.37 shall perform safety-sensitive functions unless the employee has met the requirements of 49 CFR part 40. No employer shall permit a covered employee who has engaged in such conduct to perform safety-sensitive functions unless the employee has met the requirements of 49 CFR part 40.


(f) Other alcohol-related conduct. (1) No covered employee tested under this subpart who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, nor shall an employer permit the employee to perform or continue to perform safety-sensitive functions, until:


(i) The employee’s alcohol concentration measures less than 0.02; or


(ii) The start of the employee’s next regularly scheduled duty period, but not less than 8 hours following administration of the test.


(2) Except as provided in paragraph (f)(1) of this section, no employer shall take any action under this rule against an employee based solely on test results showing an alcohol concentration less than 0.04. This does not prohibit an employer with authority independent of this rule from taking any action otherwise consistent with law.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009, as amended by Amdt. 120-1, 78 FR 42004, July 15, 2013]


§ 120.223 Alcohol misuse information, training, and substance abuse professionals.

(a) Employer obligation to promulgate a policy on the misuse of alcohol. (1) General requirements. Each employer shall provide educational materials that explain these alcohol testing requirements and the employer’s policies and procedures with respect to meeting those requirements.


(i) The employer shall ensure that a copy of these materials is distributed to each covered employee prior to the start of alcohol testing under the employer’s FAA-mandated alcohol testing program and to each individual subsequently hired for or transferred to a covered position.


(ii) Each employer shall provide written notice to representatives of employee organizations of the availability of this information.


(2) Required content. The materials to be made available to employees shall include detailed discussion of at least the following:


(i) The identity of the individual designated by the employer to answer employee questions about the materials.


(ii) The categories of employees who are subject to the provisions of these alcohol testing requirements.


(iii) Sufficient information about the safety-sensitive functions performed by those employees to make clear what period of the work day the covered employee is required to be in compliance with these alcohol testing requirements.


(iv) Specific information concerning employee conduct that is prohibited by this chapter.


(v) The circumstances under which a covered employee will be tested for alcohol under this subpart.


(vi) The procedures that will be used to test for the presence of alcohol, protect the employee and the integrity of the breath testing process, safeguard the validity of the test results, and ensure that those results are attributed to the correct employee.


(vii) The requirement that a covered employee submit to alcohol tests administered in accordance with this subpart.


(viii) An explanation of what constitutes a refusal to submit to an alcohol test and the attendant consequences.


(ix) The consequences for covered employees found to have violated the prohibitions in this chapter, including the requirement that the employee be removed immediately from performing safety-sensitive functions, and the process in 49 CFR part 40, subpart O.


(x) The consequences for covered employees found to have an alcohol concentration of 0.02 or greater but less than 0.04.


(xi) Information concerning the effects of alcohol misuse on an individual’s health, work, and personal life; signs and symptoms of an alcohol problem; available methods of evaluating and resolving problems associated with the misuse of alcohol; and intervening when an alcohol problem is suspected, including confrontation, referral to any available employee assistance program, and/or referral to management.


(xii) Optional provisions. The materials supplied to covered employees may also include information on additional employer policies with respect to the use or possession of alcohol, including any consequences for an employee found to have a specified alcohol level, that are based on the employer’s authority independent of this subpart. Any such additional policies or consequences must be clearly and obviously described as being based on independent authority.


(b) Training for supervisors. Each employer shall ensure that persons designated to determine whether reasonable suspicion exists to require a covered employee to undergo alcohol testing under § 120.217(d) of this subpart receive at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.


(c) Substance abuse professional (SAP) duties. The SAP must perform the functions set forth in 49 CFR part 40, subpart O, and this subpart.


§ 120.225 How to implement an alcohol testing program.

(a) Each company must meet the requirements of this subpart. Use the following chart to determine whether your company must obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification, Letter of Authorization, or Drug and Alcohol Testing Program Registration from the FAA:


If you are . . .
You must . . .
(1) A part 119 certificate holder with authority to operate under part 121 or 135Obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your FAA Principal Operations Inspector.
(2) An operator as defined in § 91.147 of this chapterObtain a Letter of Authorization by contacting the Flight Standards District Office nearest to your principal place of business.
(3) A part 119 certificate holder with authority to operate under part 121 or part 135 and an operator as defined in § 91.147 of this chapterComplete the requirements in paragraphs 1 and 2 of this chart and advise the Flight Standards District Office and Drug Abatement Division that the § 91.147 operation will be included under the part 119 testing program. Contact Drug Abatement Division at FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.
(4) An air traffic control facility not operated by the FAA or by or under contract to the U.S. MilitaryRegister with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.
(5) A part 145 certificate holder who has your own alcohol testing programObtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification by contacting your Principal Maintenance Inspector or register with the FAA Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591, if you opt to conduct your own alcohol testing program.
(6) A contractor who has your own alcohol testing programRegister with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591, if you opt to conduct your own alcohol testing program.

(b) Use the following chart for implementing an alcohol testing program if you are applying for a part 119 certificate with authority to operate under part 121 or part 135 of this chapter, if you intend to begin operations as defined in § 91.147 of this chapter, or if you intend to begin air traffic control operations (not operated by the FAA or by or under contract to the U.S. Military). Use it to determine whether you need to have an Antidrug and Alcohol Misuse Prevention Program Operations Specification, Letter of Authorization, or Drug and Alcohol Testing Program Registration from the FAA. Your employees who perform safety-sensitive duties must be tested in accordance with this subpart. The chart follows:


If you . . .
You must . . .
(1) Apply for a part 119 certificate with authority to operate under parts 121 or 135(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification,
(ii) Implement an FAA alcohol testing program no later than the date you start operations, and
(iii) Meet the requirements of this subpart.
(2) Intend to begin operations as defined in § 91.147 of this chapter(i) Have a Letter of Authorization,

(ii) Implement an FAA alcohol testing program no later than the date you start operations, and
(iii) Meet the requirements of this subpart.
(3) Apply for a part 119 certificate with authority to operate under parts 121 or 135 and intend to begin operations as defined in § 91.147 of this chapter(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specification and a Letter of Authorization,

(ii) Implement your combined FAA alcohol testing program no later than the date you start operations, and
(iii) Meet the requirements of this subpart.
(4) Intend to begin air traffic control operations (at an air traffic control facility not operated by the FAA or by or under contract to the U.S. military)(i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591, prior to starting operations,
(ii) Implement an FAA alcohol testing program no later than the date you start operations, and
(iii) Meet the requirements of this subpart.

(c) If you are an individual or a company that intends to provide safety-sensitive services by contract to a part 119 certificate holder with authority to operate under parts 121 and/or 135 of this chapter or an operator as defined in § 91.147 of this chapter, use the following chart to determine what you must do if you opt to have your own alcohol testing program.


If you . . .
And you opt to conduct your own Alcohol Testing Program, you must . . .
(1) Are a part 145 certificate holder(i) Have an Antidrug and Alcohol Misuse Prevention Program Operations Specifications or register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591,
(ii) Implement an FAA alcohol testing program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with the authority to operate under parts 121 and/or 135, or operator as defined in § 91.147 of this chapter, and
(iii) Meet the requirements of this subpart as if you were an employer.
(2) Are a contractor(i) Register with the FAA, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue, SW., Washington, DC 20591,
(ii) Implement an FAA alcohol testing program no later than the date you start performing safety-sensitive functions for a part 119 certificate holder with authority to operate under parts 121 and/or 135, or operator as defined in § 91.147 of this chapter, and
(iii) Meet the requirements of this subpart as if you were an employer.

(d)(1) To obtain an Antidrug and Alcohol Misuse Prevention Program Operations Specification, you must contact your FAA Principal Operations Inspector or Principal Maintenance Inspector. Provide him/her with the following information:


(i) Company name.


(ii) Certificate number.


(iii) Telephone number.


(iv) Address where your drug and alcohol testing program records are kept.


(v) Whether you have 50 or more covered employees, or 49 or fewer covered employees. (Part 119 certificate holders with authority to operate only under part 121 of this chapter are not required to provide this information.)


(2) You must certify on your Antidrug and Alcohol Misuse Prevention Program Operations Specification, issued by your FAA Principal Operations Inspector or Principal Maintenance Inspector, that you will comply with this part and 49 CFR part 40.


(3) You are required to obtain only one Antidrug and Alcohol Misuse Prevention Program Operations Specification to satisfy this requirement under this part.


(4) You must update the Antidrug and Alcohol Misuse Prevention Program Operations Specification when any changes to the information contained in the Operation Specification occur.


(e) Register your Drug and Alcohol Testing Program by obtaining a Letter of Authorization from the FAA in accordance with § 91.147. (1) A drug and alcohol testing program is considered registered when the following information is submitted to the Flight Standards District Office nearest your principal place of business:


(i) Company name.


(ii) Telephone number.


(iii) Address where your drug and alcohol testing program records are kept.


(iv) Type of safety-sensitive functions you or your employees perform (such as flight instruction duties, aircraft dispatcher duties, maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties).


(v) Whether you have 50 or more covered employees, or 49 or fewer covered employees.


(vi) A signed statement indicating that your company will comply with this part and 49 CFR part 40.


(2) This Letter of Authorization will satisfy the requirements for both your drug testing program under subpart E of this part and your alcohol testing program under this subpart.


(3) Update the Letter of Authorization information as changes occur. Send the updates to the Flight Standards District Office nearest your principal place of business.


(4) If you are a part 119 certificate holder with authority to operate under part 121 or part 135 and intend to begin operations as defined in § 91.147 of this chapter, you must also advise the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.


(f) Obtaining a Drug and Alcohol Testing Program Registration from the FAA. (1) Except as provided in paragraphs (d) and (e) of this section, to obtain a Drug and Alcohol Testing Program Registration from the FAA you must submit the following information to the Office of Aerospace Medicine, Drug Abatement Division:


(i) Company name.


(ii) Telephone number.


(iii) Address where your drug and alcohol testing program records are kept.


(iv) Type of safety-sensitive functions you or your employees perform (such as flight instruction duties, aircraft dispatcher duties, maintenance or preventive maintenance duties, ground security coordinator duties, aviation screening duties, air traffic control duties).


(v) Whether you have 50 or more covered employees, or 49 or fewer covered employees.


(vi) A signed statement indicating that: your company will comply with this part and 49 CFR part 40; and you intend to provide safety-sensitive functions by contract (including subcontract at any tier) to a part 119 certificate holder with authority to operate under part 121 or part 135 of this chapter, an operator as defined in § 91.147 of this chapter, or an air traffic control facility not operated by the FAA or by or under contract to the U.S. military.


(2) Send this information to the Federal Aviation Administration, Office of Aerospace Medicine, Drug Abatement Division (AAM-800), 800 Independence Avenue SW., Washington, DC 20591.


(3) This Drug and Alcohol Testing Program Registration will satisfy the registration requirements for both your drug testing program under subpart E of this part and your alcohol testing program under this subpart.


(4) Update the registration information as changes occur. Send the updates to the address specified in paragraph (f)(2) of this section.


[Doc. No. FAA-2008-0937, 74 FR 22653, May 14, 2009; Amdt. 120-0A, 75 FR 3154, Jan. 20, 2010, as amended by Amdt. 120-1, 78 FR 42005, July 15, 2013]


§ 120.227 Employees located outside the U.S.

(a) No covered employee shall be tested for alcohol misuse while located outside the territory of the United States.


(1) Each covered employee who is assigned to perform safety-sensitive functions solely outside the territory of the United States shall be removed from the random testing pool upon the inception of such assignment.


(2) Each covered employee who is removed from the random testing pool under this paragraph shall be returned to the random testing pool when the employee resumes the performance of safety-sensitive functions wholly or partially within the territory of the United States.


(b) The provisions of this subpart shall not apply to any person who performs a safety-sensitive function by contract for an employer outside the territory of the United States.


PART 121 – OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS


Authority:49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112-95 126 Stat 62 (49 U.S.C. 44732 note).

Special Federal Aviation Regulation No. 50-2


Editorial Note:For the text of SFAR No. 50-2, see part 91 of this chapter.

Special Federal Aviation Regulation No. 71


Editorial Note:For the text of SFAR No. 71, see part 91 of this chapter.

Special Federal Aviation Regulation No. 97


Editorial Note:For the text of SFAR No. 97, see part 91 of this chapter.

Subpart A – General

§ 121.1 Applicability.

This part prescribes rules governing –


(a) The domestic, flag, and supplemental operations of each person who holds or 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 of 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 of 14 CFR part 121.


(d) Nonstop Commercial Air Tours conducted for compensation or hire in accordance with § 119.1(e)(2) of this chapter must comply with drug and alcohol requirements in §§ 121.455, 121.457, 121.458 and 121.459, and with the provisions of part 136, subpart A of this chapter by September 11, 2007. An operator who does not hold an air carrier certificate or an 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 anti-drug and alcohol misuse prevention programs to perform –


(1) Aircraft maintenance or preventive maintenance on the operator’s aircraft if the operator would otherwise be required to transport the aircraft more than 50 nautical miles further than the repair point closest to the operator’s principal base of operations to obtain these services; or


(2) Emergency repairs on the operator’s aircraft if the aircraft cannot be safely operated to a location where an employee subject to FAA-approved programs can perform the repairs.


(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.


(g) This part also establishes requirements for operators to take actions to support the continued airworthiness of each airplane.


[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as amended by Amdt. 121-328, 72 FR 6912, Feb. 13, 2007; Amdt. 121-336, 72 FR 63411, Nov. 8, 2007]


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

(a) Applicability. This section applies to the following:


(1) Each certificate holder that was issued an air carrier or operating certificate and operations specifications under the requirements of part 135 of this chapter or under SFAR No. 38-2 of 14 CFR part 121 before January 19, 1996, and that conducts scheduled passenger-carrying operations with:


(i) Nontransport category turbopropeller powered airplanes type certificated after December 31, 1964, that have a passenger seat configuration of 10-19 seats;


(ii) Transport category turbopropeller powered airplanes that have a passenger seat configuration of 20-30 seats; or


(iii) Turbojet engine powered airplanes having a passenger seat configuration of 1-30 seats.


(2) Each person who, after January 19, 1996, applies for or obtains an initial air carrier or operating certificate and operations specifications to conduct scheduled passenger-carrying operations in the kinds of airplanes described in paragraphs (a)(1)(i), (a)(1)(ii), or paragraph (a)(1)(iii) of this section.


(b) Obtaining operations specifications. A certificate holder described in paragraph (a)(1) of this section may not, after March 20, 1997, operate an airplane described in paragraphs (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this section in scheduled passenger-carrying operations, unless it obtains operations specifications to conduct its scheduled operations under this part on or before March 20, 1997.


(c) Regular or accelerated compliance. Except as provided in paragraphs (d), (e), and (i) of this section, each certificate holder described in paragraphs (a)(1) of this section shall comply with each applicable requirement of this part 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. Except as provided in paragraphs (d) and (e) of this section, each person described in paragraph (a)(2) of this section shall comply with each applicable requirement of this part on and after the date on which that person is issued a certificate and operations specifications under this part.


(d) Delayed compliance dates. Unless paragraph (e) of this section specifies an earlier compliance date, 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 a date listed in this paragraph (d) unless that airplane meets the applicable requirement of this paragraph (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:


(i) December 20, 1997:


(A) Section 121.289, Landing gear aural warning.


(B) Section 121.308, Lavatory fire protection.


(C) Section 121.310(e), Emergency exit handle illumination.


(D) Section 121.337(b)(8), Protective breathing equipment.


(E) Section 121.340, Emergency flotation means.


(ii) December 20, 1999: Section 121.342, Pitot heat indication system.


(iii) December 20, 2010:


(A) For airplanes described in § 121.157(f), the Airplane Performance Operating Limitations in §§ 121.189 through 121.197.


(B) Section 121.161(b), Ditching approval.


(C) Section 121.305(j), Third attitude indicator.


(D) Section 121.312(c), Passenger seat cushion flammability.


(iv) March 12, 1999: Section 121.310(b)(1), Interior emergency exit locating sign.


(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:


(i) December 20, 1997:


(A) Section 121.308, Lavatory fire protection.


(B) Section 121.337(b) (8) and (9), Protective breathing equipment.


(C) Section 121.340, Emergency flotation means.


(ii) December 20, 2010: § 121.305(j), third attitude indicator.


(e) Newly manufactured airplanes. No certificate holder that is described in paragraph (a) of this section may operate under this part an airplane manufactured on or after a date listed in this paragraph unless that airplane meets the applicable requirement listed in this paragraph (e).


(1) For nontransport category turbopropeller powered airplanes type certificated after December 31, 1964, that have a passenger seat configuration of 10-19 seats:


(i) Manufactured on or after March 20, 1997:


(A) Section 121.305(j), Third attitude indicator.


(B) Section 121.311(f), Safety belts and shoulder harnesses.


(ii) Manufactured on or after December 20, 1997; Section 121.317(a), Fasten seat belt light.


(iii) Manufactured on or after December 20, 1999: Section 121.293, Takeoff warning system.


(iv) Manufactured on or after March 12, 1999: Section 121.310(b)(1), Interior emergency exit locating sign.


(2) For transport category turbopropeller powered airplanes that have a passenger seat configuration of 20-30 seats manufactured on or after March 20, 1997: Section 121.305(j), Third attitude indicator.


(f) New type certification requirements. No person may operate an airplane for which the application for a type certificate was filed after March 29, 1995, in 14 CFR part 121 operations unless that airplane is type certificated under part 25 of this chapter.


(g) Transition plan. Before March 19, 1996 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 March 20, 1997; and


(3) Plans for complying with the compliance date schedules contained in paragraphs (d) and (e) of this section.


(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.


(i) 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.


[Doc. No. 28154, 60 FR 65925, Dec. 20, 1995, as amended by Amdt. 121-253, 61 FR 2609, Jan. 26, 1996; Amdt. 121-256, 61 FR 30434, June 14, 1996; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; Amdt. 121-344, 74 FR 34234, July 15, 2009]


§ 121.4 Applicability of rules to unauthorized operators.

The rules in this part which refer to a person certificated under part 119 of this chapter apply also to any person who engages in an operation governed by this part without the appropriate certificate and operations specifications required by part 119 of this chapter.


[Doc. No. 11675, 37 FR 20937, Oct. 5, 1972, as amended by Amdt. 121-251, 60 FR 65926, Dec. 20, 1995]


§ 121.7 Definitions.

The following definitions apply to those sections of part 121 that apply to ETOPS:


Adequate Airport means an airport that an airplane operator may list with approval from the FAA because that airport meets the landing limitations of § 121.197 and is either –


(1) An airport that meets the requirements of part 139, subpart D of this chapter, excluding those that apply to aircraft rescue and firefighting service, or


(2) A military airport that is active and operational.


ETOPS Alternate Airport means an adequate airport listed in the certificate holder’s operations specifications that is designated in a dispatch or flight release for use in the event of a diversion during ETOPS. This definition applies to flight planning and does not in any way limit the authority of the pilot-in-command during flight.


ETOPS Area of Operation means one of the following areas:


(1) For turbine-engine-powered airplanes with two engines, an area beyond 60 minutes from an adequate airport, computed using a one-engine-inoperative cruise speed under standard conditions in still air.


(2) For turbine-engine-powered passenger-carrying airplanes with more than two engines, an area beyond 180 minutes from an adequate airport, computed using a one-engine-inoperative cruise speed under standard conditions in still air.


ETOPS Entry Point means the first point on the route of an ETOPS flight, determined using a one-engine-inoperative cruise speed under standard conditions in still air, that is –


(1) More than 60 minutes from an adequate airport for airplanes with two engines;


(2) More than 180 minutes from an adequate airport for passenger-carrying airplanes with more than two engines.


ETOPS Qualified Person means a person, performing maintenance for the certificate holder, who has satisfactorily completed the certificate holder’s ETOPS training program.


Maximum Diversion Time means, for the purposes of ETOPS route planning, the longest diversion time authorized for a flight under the operator’s ETOPS authority. It is calculated under standard conditions in still air at a one-engine-inoperative cruise speed.


North Pacific Area of Operation means Pacific Ocean areas north of 40° N latitudes including NOPAC ATS routes, and published PACOTS tracks between Japan and North America.


North Polar Area means the entire area north of 78° N latitude.


One-engine-inoperative-Cruise Speed means a speed within the certified operating limits of the airplane that is specified by the certificate holder and approved by the FAA for –


(1) Calculating required fuel reserves needed to account for an inoperative engine; or


(2) Determining whether an ETOPS alternate is within the maximum diversion time authorized for an ETOPS flight.


South Polar Area means the entire area South of 60° S latitude.


[Doc. No. FAA-2002-6717, 72 FR 1878, Jan. 16, 2007]


§ 121.9 Fraud and falsification.

(a) No person may make, or cause to be made, any of the following:


(1) A fraudulent or intentionally false statement in any application or any amendment thereto, or in any other record or test result required by this part.


(2) A fraudulent or intentionally false statement in, or a known omission from, any record or report that is kept, made, or used to show compliance with this part, or to exercise any privileges under this chapter.


(b) The commission by any person of any act prohibited under paragraph (a) of this section is a basis for any one or any combination of the following:


(1) A civil penalty.


(2) Suspension or revocation of any certificate held by that person that was issued under this chapter.


(3) The denial of an application for any approval under this part.


(4) The removal of any approval under this part.


[Doc. No. FAA-2008-0677, 78 FR 67836, Nov. 12, 2013]


§ 121.11 Rules applicable to operations in a foreign country.

Each certificate holder shall, while operating an airplane within a foreign country, comply with the air traffic rules of the country concerned and the local airport rules, except where any rule of this part is more restrictive and may be followed without violating the rules of that country.


[Doc. No. 16383, 43 FR 22641, May 25, 1978]


§ 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.


[Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]


Subpart B – Certification Rules for Domestic and Flag Air Carriers [Reserved]

Subpart C – Certification Rules for Supplemental Air Carriers and Commercial Operators [Reserved]

Subpart D – Rules Governing All Certificate Holders Under This Part [Reserved]

Subpart E – Approval of Routes: Domestic and Flag Operations


Source:Docket No. 6258, 29 FR 19194, Dec. 31, 1964, unless otherwise noted.

§ 121.91 Applicability.

This subpart prescribes rules for obtaining approval of routes by certificate holders conducting domestic or flag operations.


[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]


§ 121.93 Route requirements: General.

(a) Each certificate holder conducting domestic or flag operations seeking a route approval must show –


(1) That it is able to conduct satisfactorily scheduled operations between each regular, provisional, and refueling airport over that route or route segment; and


(2) That the facilities and services required by §§ 121.97 through 121.107 are available and adequate for the proposed operation.


The Administrator approves a route outside of controlled airspace if he determines that traffic density is such that an adequate level of safety can be assured.

(b) Paragraph (a) of this section does not require actual flight over a route or route segment if the certificate holder shows that the flight is not essential to safety, considering the availability and adequacy of airports, lighting, maintenance, communication, navigation, fueling, ground, and airplane radio facilities, and the ability of the personnel to be used in the proposed operation.


[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3638, Mar. 19, 1965; Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]


§ 121.95 Route width.

(a) Approved routes and route segments over U.S. Federal airways or foreign airways (and advisory routes in the case of certificate holders conducting flag operations) have a width equal to the designated width of those airways or routes. Whenever the Administrator finds it necessary to determine the width of other approved routes, he considers the following:


(1) Terrain clearance.


(2) Minimum en route altitudes.


(3) Ground and airborne navigation aids.


(4) Air traffic density.


(5) ATC procedures.


(b) Any route widths of other approved routes determined by the Administrator are specified in the certificate holder’s operations specifications.


[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]


§ 121.97 Airports: Required data.

(a) Each certificate holder conducting domestic or flag operations must show that each route it submits for approval has enough airports that are properly equipped and adequate for the proposed operation, considering such items as size, surface, obstructions, facilities, public protection, lighting, navigational and communications aids, and ATC.


(b) Each certificate holder conducting domestic or flag operations must show that it has an approved system for obtaining, maintaining, and distributing to appropriate personnel current aeronautical data for each airport it uses to ensure a safe operation at that airport. The aeronautical data must include the following:


(1) Airports.


(i) Facilities.


(ii) Public protection. After February 15, 2008, for ETOPS beyond 180 minutes or operations in the North Polar area and South Polar area, this includes facilities at each airport or in the immediate area sufficient to protect the passengers from the elements and to see to their welfare.


(iii) Navigational and communications aids.


(iv) Construction affecting takeoff, landing, or ground operations.


(v) Air traffic facilities.


(2) Runways, clearways and stopways.


(i) Dimensions.


(ii) Surface.


(iii) Marking and lighting systems.


(iv) Elevation and gradient.


(3) Displaced thresholds.


(i) Location.


(ii) Dimensions.


(iii) Takeoff or landing or both.


(4) Obstacles.


(i) Those affecting takeoff and landing performance computations in accordance with Subpart I of this part.


(ii) Controlling obstacles.


(5) Instrument flight procedures.


(i) Departure procedure.


(ii) Approach procedure.


(iii) Missed approach procedure.


(6) Special information.


(i) Runway visual range measurement equipment.


(ii) Prevailing winds under low visibility conditions.


(c) If the responsible Flight Standards office charged with the overall inspection of the certificate holder’s operations finds that revisions are necessary for the continued adequacy of the certificate holder’s system for collection, dissemination, and usage of aeronautical data that has been granted approval, the certificate holder shall, after notification by the responsible Flight Standards office, make those revisions in the system. Within 30 days after the certificate holder receives such notice, the certificate holder may file a petition to reconsider the notice with the Executive Director, Flight Standards Service. This filing of a petition to reconsider stays the notice pending a decision by the Executive Director, Flight Standards Service. However, if the responsible Flight Standards office finds that there is an emergency that requires immediate action in the interest of safety in air transportation, the Executive Director, Flight Standards Service may, upon statement of the reasons, require a change effective without stay.


[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-162, 45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2610, Jan. 26, 1996; Amdt. 121-329, 72 FR 1878, Jan. 16, 2007; Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9172, 9173, Mar. 5, 2018]


§ 121.99 Communications facilities – domestic and flag operations.

(a) Each certificate holder conducting domestic or flag operations must show that a two-way communication system, or other means of communication approved by the responsible Flight Standards office, is available over the entire route. The communications may be direct links or via an approved communication link that will provide reliable and rapid communications under normal operating conditions between each airplane and the appropriate dispatch office, and between each airplane and the appropriate air traffic control unit.


(b) Except in an emergency, for all flag and domestic kinds of operations, the communications systems between each airplane and the dispatch office must be independent of any system operated by the United States.


(c) Each certificate holder conducting flag operations must provide voice communications for ETOPS where voice communication facilities are available. In determining whether facilities are available, the certificate holder must consider potential routes and altitudes needed for diversion to ETOPS Alternate Airports. Where facilities are not available or are of such poor quality that voice communication is not possible, another communication system must be substituted.


(d) Except as provided in paragraph (e) of this section, after February 15, 2008 for ETOPS beyond 180 minutes, each certificate holder conducting flag operations must have a second communication system in addition to that required by paragraph (c) of this section. That system must be able to provide immediate satellite-based voice communications of landline-telephone fidelity. The system must be able to communicate between the flight crew and air traffic services, and the flight crew and the certificate holder. In determining whether such communications are available, the certificate holder must consider potential routes and altitudes needed for diversion to ETOPS Alternate Airports. Where immediate, satellite-based voice communications are not available, or are of such poor quality that voice communication is not possible, another communication system must be substituted.


(e) Operators of two-engine turbine-powered airplanes with 207 minute ETOPS approval in the North Pacific Area of Operation must comply with the requirements of paragraph (d) of this section as of February 15, 2007.


[Doc. No. 28154, 62 FR 13256, Mar. 19, 1997, as amended by Amdt. 121-329, 72 FR 1878, Jan. 16, 2007; Amdt. 121-333, 72 FR 31680, June 7, 2007; Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]


§ 121.101 Weather reporting facilities.

(a) Each certificate holder conducting domestic or flag operations must show that enough weather reporting services are available along each route to ensure weather reports and forecasts necessary for the operation.


(b) Except as provided in paragraph (d) of this section, no certificate holder conducting domestic or flag operations may use any weather report to control flight unless –


(1) For operations within the 48 contiguous States and the District of Columbia, it was prepared by the U.S. National Weather Service or a source approved by the U.S. National Weather Service; or


(2) For operations conducted outside the 48 contiguous States and the District of Columbia, it was prepared by a source approved by the Administrator.


(c) Each certificate holder conducting domestic or flag operations that uses forecasts to control flight movements shall use forecasts prepared from weather reports specified in paragraph (b) of this section and from any source approved under its system adopted pursuant to paragraph (d) of this section.


(d) Each certificate holder conducting domestic or flag operations shall adopt and put into use an approved system for obtaining forecasts and reports of adverse weather phenomena, such as clear air turbulence, thunderstorms, and low altitude wind shear, that may affect safety of flight on each route to be flown and at each airport to be used.


[Doc. No. 6258, 29 FR 19194, Dec. 31, 1964, as amended by Amdt. 121-27, 36 FR 13911, July 28, 1971; Amdt. 121-134, 42 FR 27573, May 31, 1977; Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]


§ 121.103 En route navigation facilities.

(a) Except as provided in paragraph (b) of this section, each certificate holder conducting domestic or flag operations must show, for each proposed route (including to any regular, provisional, refueling or alternate airports), that suitable navigation aids are available to navigate the airplane along the route within the degree of accuracy required for ATC. Navigation aids required for approval of routes outside of controlled airspace are listed in the certificate holder’s operations specifications except for those aids required for routes to alternate airports.


(b) Navigation aids are not required for any of the following operations –


(1) Day VFR operations that the certificate holder shows can be conducted safely by pilotage because of the characteristics of the terrain;


(2) Night VFR operations on routes that the certificate holder shows have reliably lighted landmarks adequate for safe operation; and


(3) Other operations approved by the responsible Flight Standards office.


[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007, as amended by Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]


§ 121.105 Servicing and maintenance facilities.

Each certificate holder conducting domestic or flag operations must show that competent personnel and adequate facilities and equipment (including spare parts, supplies, and materials) are available at such points along the certificate holder’s route as are necessary for the proper servicing, maintenance, and preventive maintenance of airplanes and auxiliary equipment.


[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]


§ 121.106 ETOPS Alternate Airport: Rescue and fire fighting service.

(a) Except as provided in paragraph (b) of this section, the following rescue and fire fighting service (RFFS) must be available at each airport listed as an ETOPS Alternate Airport in a dispatch or flight release.


(1) For ETOPS up to 180 minutes, each designated ETOPS Alternate Airport must have RFFS equivalent to that specified by ICAO as Category 4, or higher.


(2) For ETOPS beyond 180 minutes, each designated ETOPS Alternate Airport must have RFFS equivalent to that specified by ICAO Category 4, or higher. In addition, the aircraft must remain within the ETOPS authorized diversion time from an Adequate Airport that has RFFS equivalent to that specified by ICAO Category 7, or higher.


(b) If the equipment and personnel required in paragraph (a) of this section are not immediately available at an airport, the certificate holder may still list the airport on the dispatch or flight release if the airport’s RFFS can be augmented to meet paragraph (a) of this section from local fire fighting assets. A 30-minute response time for augmentation is adequate if the local assets can be notified while the diverting airplane is en route. The augmenting equipment and personnel must be available on arrival of the diverting airplane and must remain as long as the diverting airplane needs RFFS.


[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]


§ 121.107 Dispatch centers.

Each certificate holder conducting domestic or flag operations must show that it has enough dispatch centers, adequate for the operations to be conducted, that are located at points necessary to ensure proper operational control of each flight.


[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]


Subpart F – Approval of Areas and Routes for Supplemental Operations


Source:Docket No. 6258, 29 FR 19195, Dec. 31, 1964, unless otherwise noted.

§ 121.111 Applicability.

This subpart prescribes rules for obtaining approval of areas and routes by certificate holders conducting supplemental operations.


[Doc. No. 28154, 61 FR 2610, Jan. 26, 1996]


§ 121.113 Area and route requirements: General.

(a) Each certificate holder conducting supplemental operations seeking route and area approval must show –


(1) That it is able to conduct operations within the United States in accordance with paragraphs (a) (3) and (4) of this section;


(2) That it is able to conduct operations in accordance with the applicable requirements for each area outside the United States for which authorization is requested;


(3) That it is equipped and able to conduct operations over, and use the navigational facilities associated with, the Federal airways, foreign airways, or advisory routes (ADR’s) to be used; and


(4) That it will conduct all IFR and night VFR operations over Federal airways, foreign airways, controlled airspace, or advisory routes (ADR’s).


(b) Notwithstanding paragraph (a)(4) of this section, the Administrator may approve a route outside of controlled airspace if the certificate holder conducting supplemental operations shows the route is safe for operations and the Administrator finds that traffic density is such that an adequate level of safety can be assured. The certificate holder may not use such a route unless it is approved by the Administrator and is listed in the certificate holder’s operations specifications.


[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]


§ 121.115 Route width.

(a) Routes and route segments over Federal airways, foreign airways, or advisory routes have a width equal to the designated width of those airways or advisory routes. Whenever the Administrator finds it necessary to determine the width of other routes, he considers the following:


(1) Terrain clearance.


(2) Minimum en route altitudes.


(3) Ground and airborne navigation aids.


(4) Air traffic density.


(5) ATC procedures.


(b) Any route widths of other routes determined by the Administrator are specified in the certificate holder’s operations specifications.


[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 61 FR 2610, Jan. 26, 1996]


§ 121.117 Airports: Required data.

(a) No certificate holder conducting supplemental operations may use any airport unless it is properly equipped and adequate for the proposed operation, considering such items as size, surface, obstructions, facilities, public protection, lighting, navigational and communications aids, and ATC.


(b) Each certificate holder conducting supplemental operations must show that it has an approved system for obtaining, maintaining, and distributing to appropriate personnel current aeronautical data for each airport it uses to ensure a safe operation at that airport. The aeronautical data must include the following:


(1) Airports.


(i) Facilities.


(ii) Public protection.


(iii) Navigational and communications aids.


(iv) Construction affecting takeoff, landing, or ground operations.


(v) Air traffic facilities.


(2) Runways, clearways, and stopways.


(i) Dimensions.


(ii) Surface.


(iii) Marking and lighting systems.


(iv) Elevation and gradient.


(3) Displaced thresholds.


(i) Location.


(ii) Dimensions.


(iii) Takeoff or landing or both.


(4) Obstacles.


(i) Those affecting takeoff and landing performance computations in accordance with Subpart I of this part.


(ii) Controlling obstacles.


(5) Instrument flight procedures.


(i) Departure procedure.


(ii) Approach procedure.


(iii) Missed approach procedure.


(6) Special information.


(i) Runway visual range measurement equipment.


(ii) Prevailing winds under low visibility conditions.


(c) If the responsible Flight Standards office charged with the overall inspection of the certificate holder’s operations finds that revisions are necessary for the continued adequacy of the certificate holder’s system for collection, dissemination, and usage of aeronautical data that has been granted approval, the certificate holder shall, after notification by the responsible Flight Standards office, make those revisions in the system. Within 30 days after the certificate holder receives such notice, the certificate holder may file a petition to reconsider the notice with the Executive Director, Flight Standards Service. This filing of a petition to reconsider stays the notice pending a decision by the Director, Flight Standards Service. However, if the responsible Flight Standards office finds that there is an emergency that requires immediate action in the interest of safety in air transportation, the Executive Director, Flight Standards Service may, upon a statement of the reasons, require a change effective without stay.


[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-162, 45 FR 46738, July 10, 1980; Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2610, Jan. 26, 1996; Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9172, 9173, Mar. 5, 2018]


§ 121.119 Weather reporting facilities.

(a) No certificate holder conducting supplemental operations may use any weather report to control flight unless it was prepared and released by the U.S. National Weather Service or a source approved by the Weather Bureau. For operations outside the U.S., or at U.S. Military airports, where those reports are not available, the certificate holder must show that its weather reports are prepared by a source found satisfactory by the Administrator.


(b) Each certificate holder conducting supplemental operations that uses forecasts to control flight movements shall use forecasts prepared from weather reports specified in paragraph (a) of this section.


[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-76, 36 FR 13911, July 28, 1971; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]


§ 121.121 En route navigation facilities.

(a) Except as provided in paragraph (b) of this section, no certificate holder conducting supplemental operations may conduct any operation over a route (including to any destination, refueling or alternate airports) unless suitable navigation aids are available to navigate the airplane along the route within the degree of accuracy required for ATC. Navigation aids required for routes outside of controlled airspace are listed in the certificate holder’s operations specifications except for those aids required for routes to alternate airports.


(b) Navigation aids are not required for any of the following operations –


(1) Day VFR operations that the certificate holder shows can be conducted safely by pilotage because of the characteristics of the terrain;


(2) Night VFR operations on routes that the certificate holder shows have reliably lighted landmarks adequate for safe operation; and


(3) Other operations approved by the responsible Flight Standards office.


[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007, as amended by Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]


§ 121.122 Communications facilities – supplemental operations.

(a) Each certificate holder conducting supplemental operations other than all-cargo operations in an airplane with more than two engines must show that a two-way radio communication system or other means of communication approved by the FAA is available. It must ensure reliable and rapid communications under normal operating conditions over the entire route (either direct or via approved point-to-point circuits) between each airplane and the certificate holder, and between each airplane and the appropriate air traffic services, except as specified in § 121.351(c).


(b) Except as provided in paragraph (d) of this section, each certificate holder conducting supplemental operations other than all-cargo operations in an airplane with more than two engines must provide voice communications for ETOPS where voice communication facilities are available. In determining whether facilities are available, the certificate holder must consider potential routes and altitudes needed for diversion to ETOPS Alternate Airports. Where facilities are not available or are of such poor quality that voice communication is not possible, another communication system must be substituted.


(c) Except as provided in paragraph (d) of this section, for ETOPS beyond 180 minutes each certificate holder conducting supplemental operations other than all-cargo operations in an airplane with more than two engines must have a second communication system in addition to that required by paragraph (b) of this section. That system must be able to provide immediate satellite-based voice communications of landline telephone-fidelity. The system must provide communication capabilities between the flight crew and air traffic services and the flight crew and the certificate holder. In determining whether such communications are available, the certificate holder must consider potential routes and altitudes needed for diversion to ETOPS Alternate Airports. Where immediate, satellite-based voice communications are not available, or are of such poor quality that voice communication is not possible, another communication system must be substituted.


(d) Operators of turbine engine powered airplanes do not need to meet the requirements of paragraphs (b) and (c) of this section until February 15, 2008.


[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]


§ 121.123 Servicing maintenance facilities.

Each certificate holder conducting supplemental operations must show that competent personnel and adequate facilities and equipment (including spare parts, supplies, and materials) are available for the proper servicing, maintenance, and preventive maintenance of aircraft and auxiliary equipment.


[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]


§ 121.125 Flight following system.

(a) Each certificate holder conducting supplemental operations must show that it has –


(1) An approved flight following system established in accordance with subpart U of this part and adequate for the proper monitoring of each flight, considering the operations to be conducted; and


(2) Flight following centers located at those points necessary –


(i) To ensure the proper monitoring of the progress of each flight with respect to its departure at the point of origin and arrival at its destination, including intermediate stops and diversions therefrom, and maintenance or mechanical delays encountered at those points or stops; and


(ii) To ensure that the pilot in command is provided with all information necessary for the safety of the flight.


(b) A certificate holder conducting supplemental operations may arrange to have flight following facilities provided by persons other than its employees, but in such a case the certificate holder continues to be primarily responsible for operational control of each flight.


(c) A flight following system need not provide for in-flight monitoring by a flight following center.


(d) The certificate holder’s operations specifications specify the flight following system it is authorized to use and the location of the centers.


[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]


§ 121.127 Flight following system; requirements.

(a) Each certificate holder conducting supplemental operations using a flight following system must show that –


(1) The system has adequate facilities and personnel to provide the information necessary for the initiation and safe conduct of each flight to –


(i) The flight crew of each aircraft; and


(ii) The persons designated by the certificate holder to perform the function of operational control of the aircraft; and


(2) The system has a means of communication by private or available public facilities (such as telephone, telegraph, or radio) to monitor the progress of each flight with respect to its departure at the point of origin and arrival at its destination, including intermediate stops and diversions therefrom, and maintenance or mechanical delays encountered at those points or stops.


(b) The certificate holder conducting supplemental operations must show that the personnel specified in paragraph (a) of this section, and those it designates to perform the function of operational control of the aircraft, are able to perform their required duties.


[Doc. No. 6258, 29 FR 19195, Dec. 31, 1964, as amended by Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]


Subpart G – Manual Requirements

§ 121.131 Applicability.

This subpart prescribes requirements for preparing and maintaining manuals by all certificate holders.


[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964]


§ 121.133 Preparation.

(a) Each certificate holder shall prepare and keep current a manual for the use and guidance of flight, ground operations, and management personnel in conducting its operations.


(b) For the purpose of this subpart, the certificate holder may prepare that part of the manual containing maintenance information and instructions, in whole or in part, in printed form or other form acceptable to the Administrator.


[Doc. No. 28154, 60 FR 65926, Dec. 20, 1995]


§ 121.135 Manual contents.

(a) Each manual required by § 121.133 must –


(1) Include instructions and information necessary to allow the personnel concerned to perform their duties and responsibilities with a high degree of safety;


(2) Be in a form that is easy to revise;


(3) Have the date of last revision on each page concerned; and


(4) Not be contrary to any applicable Federal regulation and, in the case of a flag or supplemental operation, any applicable foreign regulation, or the certificate holder’s operations specifications or operating certificate.


(b) The manual may be in two or more separate parts, containing together all of the following information, but each part must contain that part of the information that is appropriate for each group of personnel:


(1) General policies.


(2) Duties and responsibilities of each crewmember, appropriate members of the ground organization, and management personnel.


(3) Reference to appropriate Federal Aviation Regulations.


(4) Flight dispatching and operational control, including procedures for coordinated dispatch or flight control or flight following procedures, as applicable.


(5) En route flight, navigation, and communication procedures, including procedures for the dispatch or release or continuance of flight if any item of equipment required for the particular type of operation becomes inoperative or unserviceable en route.


(6) For domestic or flag operations, appropriate information from the en route operations specifications, including for each approved route the types of airplanes authorized, the type of operation such as VFR, IFR, day, night, etc., and any other pertinent information.


(7) For supplemental operations, appropriate information from the operations specifications, including the area of operations authorized, the types of airplanes authorized, the type of operation such as VFR, IFR, day, night, etc., and any other pertinent information.


(8) Appropriate information from the airport operations specifications, including for each airport –


(i) Its location (domestic and flag operations only);


(ii) Its designation (regular, alternate, provisional, etc.) (domestic and flag operations only);


(iii) The types of airplanes authorized (domestic and flag operations only);


(iv) Instrument approach procedures;


(v) Landing and takeoff minimums; and


(vi) Any other pertinent information.


(9) Takeoff, en route, and landing weight limitations.


(10) For ETOPS, airplane performance data to support all phases of these operations.


(11) Procedures for familiarizing passengers with the use of emergency equipment, during flight.


(12) Emergency equipment and procedures.


(13) The method of designating succession of command of flight crewmembers.


(14) Procedures for determining the usability of landing and takeoff areas, and for disseminating pertinent information thereon to operations personnel.


(15) Procedures for operating in periods of ice, hail, thunderstorms, turbulence, or any potentially hazardous meteorological condition.


(16) Each training program curriculum required by § 121.403.


(17) Instructions and procedures for maintenance, preventive maintenance, and servicing.


(18) Time limitations, or standards for determining time limitations, for overhauls, inspections, and checks of airframes, engines, propellers, appliances and emergency equipment.


(19) Procedures for refueling aircraft, eliminating fuel contamination, protection from fire (including electrostatic protection), and supervising and protecting passengers during refueling.


(20) Airworthiness inspections, including instructions covering procedures, standards, responsibilities, and authority of inspection personnel.


(21) Methods and procedures for maintaining the aircraft weight and center of gravity within approved limits.


(22) Where applicable, pilot and dispatcher route and airport qualification procedures.


(23) Accident notification procedures.


(24) After February 15, 2008, for passenger flag operations and for those supplemental operations that are not all-cargo operations outside the 48 contiguous States and Alaska,


(i) For ETOPS greater than 180 minutes a specific passenger recovery plan for each ETOPS Alternate Airport used in those operations, and


(ii) For operations in the North Polar Area and South Polar Area a specific passenger recovery plan for each diversion airport used in those operations.


(25)(i) Procedures and information, as described in paragraph (b)(25)(ii) of this section, to assist each crewmember and person performing or directly supervising the following job functions involving items for transport on an aircraft:


(A) Acceptance;


(B) Rejection;


(C) Handling;


(D) Storage incidental to transport;


(E) Packaging of company material; or


(F) Loading.


(ii) Ensure that the procedures and information described in this paragraph are sufficient to assist the person in identifying packages that are marked or labeled as containing hazardous materials or that show signs of containing undeclared hazardous materials. The procedures and information must include:


(A) Procedures for rejecting packages that do not conform to the Hazardous Materials Regulations in 49 CFR parts 171 through 180 or that appear to contain undeclared hazardous materials;


(B) Procedures for complying with the hazardous materials incident reporting requirements of 49 CFR 171.15 and 171.16 and discrepancy reporting requirements of 49 CFR 175.31


(C) The certificate holder’s hazmat policies and whether the certificate holder is authorized to carry, or is prohibited from carrying, hazardous materials; and


(D) If the certificate holder’s operations specifications permit the transport of hazardous materials, procedures and information to ensure the following:


(1) That packages containing hazardous materials are properly offered and accepted in compliance with 49 CFR parts 171 through 180;


(2) That packages containing hazardous materials are properly handled, stored, packaged, loaded, and carried on board an aircraft in compliance with 49 CFR parts 171 through 180;


(3) That the requirements for Notice to the Pilot in Command (49 CFR 175.33) are complied with; and


(4) That aircraft replacement parts, consumable materials or other items regulated by 49 CFR parts 171 through 180 are properly handled, packaged, and transported.


(26) Other information or instructions relating to safety.


(c) Each certificate holder shall maintain at least one complete copy of the manual at its principal base of operations.


[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-104, 38 FR 14915, June 7, 1973; Amdt. 121-106, 38 FR 22377, Aug. 20, 1973; Amdt. 121-143, 43 FR 22641, May 25, 1978; Amdt. 121-162, 45 FR 46739, July 10, 1980; Amdt. 121-251, 60 FR 65926, Dec. 20, 1995; Amdt. 121-250, 60 FR 65948, Dec. 20, 1995; Amdt. 121-316, 70 FR 58823, Oct. 7, 2005; Amdt. 121-329, 72 FR 1879, Jan. 16, 2007]


§ 121.137 Distribution and availability.

(a) Each certificate holder shall furnish copies of the manual required by § 121.133 (and the changes and additions thereto) or appropriate parts of the manual to –


(1) Its appropriate ground operations and maintenance personnel;


(2) Crewmembers; and


(3) Representatives of the Administrator assigned to it.


(b) Each person to whom a manual or appropriate parts of it are furnished under paragraph (a) of this section shall keep it up-to-date with the changes and additions furnished to that person and shall have the manual or appropriate parts of it accessible when performing assigned duties.


(c) For the purpose of complying with paragraph (a) of this section, a certificate holder may furnish the persons listed therein the maintenance part of the manual in printed form or other form, acceptable to the Administrator, that is retrievable in the English language.


[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 121-71, 35 FR 17176, Nov. 7, 1970; Amdt. 121-162, 45 FR 46739, July 10, 1980; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997]


§ 121.139 Requirements for manual aboard aircraft: Supplemental operations.

(a) Except is provided in paragraph (b) of this section, each certificate holder conducting supplemental operations shall carry appropriate parts of the manual on each airplane when away from the principal base of operations. The appropriate parts must be available for use by ground or flight personnel. If the certificate holder carries aboard an airplane all or any portion of the maintenance part of its manual in other than printed form, it must carry a compatible reading device that produces a legible image of the maintenance information and instructions or a system that is able to retrieve the maintenance information and instructions in the English language.


(b) If a certificate holder conducting supplemental operations is able to perform all scheduled maintenance at specified stations where it keeps maintenance parts of the manual, it does not have to carry those parts of the manual aboard the aircraft en route to those stations.


[Doc. No. 6258, 29 FR 19196, Dec. 31, 1964, as amended by Amdt. 12-71, 35 FR 17176, Nov. 7, 1970; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997]


§ 121.141 Airplane flight manual.

(a) Each certificate holder shall keep a current approved airplane flight manual for each type of airplane that it operates except for nontransport category airplanes certificated before January 1, 1965.


(b) In each airplane required to have an airplane flight manual 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, the certificate holder may revise the operating procedures sections and modify the presentation of performance data from the applicable flight manual if the revised operating procedures and modified performance date presentation are –


(1) Approved by the Administrator; and


(2) Clearly identified as airplane flight manual requirements.


[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]


Subpart H – Aircraft Requirements


Source:Docket No. 6258, 29 FR 19197, Dec. 31, 1964, unless otherwise noted.

§ 121.151 Applicability.

This subpart prescribes aircraft requirements for all certificate holders.


§ 121.153 Aircraft requirements: General.

(a) Except as provided in paragraph (c) of this section, no certificate holder may operate an aircraft unless that aircraft –


(1) Is registered as a civil aircraft of the United States and carries an appropriate current airworthiness certificate issued under this chapter; and


(2) Is in an airworthy condition and meets the applicable airworthiness requirements of this chapter, including those relating to identification and equipment.


(b) A certificate holder may use an approved weight and balance control system based on average, assumed, or estimated weight to comply with applicable airworthiness requirements and operating limitations.


(c) A certificate holder may operate in common carriage, and for the carriage of mail, a civil aircraft which is leased or chartered to it without crew and is registered in a country which is a party to the Convention on International Civil Aviation if –


(1) The aircraft carries an appropriate airworthiness certificate issued by the country of registration and meets the registration and identification requirements of that country;


(2) The aircraft is of a type design which is approved under a U.S. type certificate and complies with all of the requirements of this chapter (14 CFR Chapter 1) that would be applicable to that aircraft were it registered in the United States, including the requirements which must be met for issuance of a U.S. standard airworthiness certificate (including type design conformity, condition for safe operation, and the noise, fuel venting, and engine emission requirements of this chapter), except that a U.S. registration certificate and a U.S. standard airworthiness certificate will not be issued for the aircraft;


(3) The aircraft is operated by U.S.-certificated airmen employed by the certificate holder; and


(4) The certificate holder files a copy of the aircraft lease or charter agreement with the FAA Aircraft Registry, Department of Transportation, 6400 South MacArthur Boulevard, Oklahoma City, OK (Mailing address: P.O. Box 25504, Oklahoma City, OK 73125).


[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-165, 45 FR 68649, Oct. 16, 1980]


§ 121.155 [Reserved]

§ 121.157 Aircraft certification and equipment requirements.

(a) Airplanes certificated before July 1, 1942. No certificate holder may operate an airplane that was type certificated before July 1, 1942, unless –


(1) That airplane meets the requirements of § 121.173(c), or


(2) That airplane and all other airplanes of the same or related type operated by that certificate holder meet the performance requirements of sections 4a.737-T through 4a.750-T of the Civil Air Regulations as in effect on January 31, 1965; or §§ 25.45 through 25.75 and § 121.173(a), (b), (d), and (e) of this title.


(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).


(c) C-46 type airplanes: passenger-carrying operations. No certificate holder may operate a C-46 airplane in passenger-carrying operations unless that airplane is operated in accordance with the operating limitations for transport category airplanes and meets the requirements of paragraph (b) of this section or meets the requirements of part 4b, as in effect July 20, 1950, and the requirements of § 121.173 (a), (b), (d) and (e), except that –


(1) The requirements of sections 4b.0 through 4b.19 as in effect May 18, 1954, must be complied with;


(2) The birdproof windshield requirements of section 4b.352 need not be complied with;


(3) The provisions of sections 4b.480 through 4b.490 (except sections 4b.484(a)(1) and 4b.487(e)), as in effect May 16, 1953, must be complied with; and


(4) The provisions of paragraph 4b.484(a)(1), as in effect July 20, 1950, must be complied with.


In determining the takeoff path in accordance with section 4b.116 and the one-engine inoperative climb in accordance with section 4b.120 (a) and (b), the propeller of the inoperative engine may be assumed to be feathered if the airplane is equipped with either an approved means for automatically indicating when the particular engine has failed or an approved means for automatically feathering the propeller of the inoperative engine. The Administrator may authorize deviations from compliance with the requirements of sections 4b.130 through 4b.190 and subparts C, D, E, and F of part 4b (as designated in this paragraph) if he finds that (considering the effect of design changes) compliance is extremely difficult to accomplish and that service experience with the C-46 airplane justifies the deviation.

(d) C-46 type airplanes: cargo operations. No certificate holder may use a nontransport category C-46 type airplane in cargo operations unless –


(1) It is certificated at a maximum gross weight that is not greater than 48,000 pounds;


(2) It meets the requirements of §§ 121.199 through 121.205 using the performance data in appendix C to this part;


(3) Before each flight, each engine contains at least 25 gallons of oil; and


(4) After December 31, 1964 –


(i) It is powered by a type and model engine as set forth in appendix C of this part, when certificated at a maximum gross takeoff weight greater than 45,000 pounds; and


(ii) It complies with the special airworthiness requirement set forth in §§ 121.213 through 121.287 of this part or in appendix C of this part.


(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:


(1) Until December 20, 2010:


(i) 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.


(ii) 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.


(iii) The airplane was type certificated in the normal category and meets the additional airworthiness standards in appendix A of part 135 of this chapter.


(iv) The airplane was type certificated in the normal category and complies with either section 1.(a) or 1.(b) of SFAR No. 41 of 14 CFR part 21.


(2) The airplane was type certificated in the normal category, meets the additional requirements described in paragraphs (f)(1)(i) through (f)(1)(iv) of this section, and meets the performance requirements in appendix K of this part.


(g) Certain newly manufactured airplanes. No certificate holder may operate an airplane under this part that was type certificated as described in paragraphs (f)(1)(i) through (f)(1)(iv) of this section and that was manufactured after March 20, 1997, unless it meets the performance requirements in appendix K of this part.


(h) Newly type certificated airplanes. No person may operate under this part an airplane for which the application for a type certificate is submitted after March 29, 1995, unless the airplane is type certificated under part 25 of this chapter.


[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-251, 60 FR 65927, Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996]


§ 121.159 Single-engine airplanes prohibited.

No certificate holder may operate a single-engine airplane under this part.


[Doc. No. 28154, 60 FR 65927, Dec. 20, 1995]


§ 121.161 Airplane limitations: Type of route.

(a) Except as provided in paragraph (e) of this section, unless approved by the Administrator in accordance with Appendix P of this part and authorized in the certificate holder’s operations specifications, no certificate holder may operate a turbine-engine-powered airplane over a route that contains a point –


(1) Farther than a flying time from an Adequate Airport (at a one-engine-inoperative cruise speed under standard conditions in still air) of 60 minutes for a two-engine airplane or 180 minutes for a passenger-carrying airplane with more than two engines;


(2) Within the North Polar Area; or


(3) Within the South Polar Area.


(b) Except as provided in paragraph (c) of this section, no certificate holder may operate a land airplane (other than a DC-3, C-46, CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) in an extended overwater operation unless it is certificated or approved as adequate for ditching under the ditching provisions of part 25 of this chapter.


(c) Until December 20, 2010, a certificate holder may operate, in an extended overwater operation, a nontransport category land airplane type certificated after December 31, 1964, that was not certificated or approved as adequate for ditching under the ditching provisions of part 25 of this chapter.


(d) Unless authorized by the Administrator based on the character of the terrain, the kind of operation, or the performance of the airplane to be used, no certificate holder may operate a reciprocating-engine-powered airplane over a route that contains a point farther than 60 minutes flying time (at a one-engine-inoperative cruise speed under standard conditions in still air) from an Adequate Airport.


(e) Operators of turbine-engine powered airplanes with more than two engines do not need to meet the requirements of paragraph (a)(1) of this section until February 15, 2008.


[Doc. No. 7329, 31 FR 13078, Oct. 8, 1966, as amended by Amdt. 121-162, 45 FR 46739, July 10, 1980; Amdt. 121-251, 60 FR 65927, Dec. 20, 1995; Amdt. 121-329, 72 FR 1879, Jan. 16, 2007]


§ 121.162 ETOPS Type Design Approval Basis.

Except for a passenger-carrying airplane with more than two engines manufactured prior to February 17, 2015 and except for a two-engine airplane that, when used in ETOPS, is only used for ETOPS of 75 minutes or less, no certificate holder may conduct ETOPS unless the airplane has been type design approved for ETOPS and each airplane used in ETOPS complies with its CMP document as follows:


(a) For a two-engine airplane, that is of the same model airplane-engine combination that received FAA approval for ETOPS up to 180 minutes prior to February 15, 2007, the CMP document for that model airplane-engine combination in effect on February 14, 2007.


(b) For a two-engine airplane, that is not of the same model airplane-engine combination that received FAA approval for ETOPS up to 180 minutes before February 15, 2007, the CMP document for that new model airplane-engine combination issued in accordance with § 25.3(b)(1) of this chapter.


(c) For a two-engine airplane approved for ETOPS beyond 180 minutes, the CMP document for that model airplane-engine combination issued in accordance with § 25.3(b)(2) of this chapter.


(d) For an airplane with more than 2 engines manufactured on or after February 17, 2015, the CMP document for that model airplane-engine combination issued in accordance with § 25.3(c) of this chapter.


[Doc. No. FAA-2002-6717, 72 FR 1879, Jan. 16, 2007]


§ 121.163 Aircraft 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 or part 135 of this chapter 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 alteration includes –


(1) The installation of powerplants other than those of a type similar to those with which it is certificated; or


(2) Alterations to the aircraft or its components that materially affect flight characteristics.


(e) No certificate holder may carry passengers in an aircraft during proving tests, except for those needed to make the test and those designated by the Administrator. However, it may carry mail, express, or other cargo, when approved.


[Doc. No. 6258, 29 FR 19197, Dec. 31, 1964, as amended by Amdt. 121-42, 33 FR 10330, July 19, 1968; 34 FR 13468, Aug. 21, 1969; Amdt. 121-162, 45 FR 46739, July 10, 1980; Amdt. 121-251, 60 FR 65927, Dec. 20, 1995]


Subpart I – Airplane Performance Operating Limitations


Source:Docket No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, unless otherwise noted.


Editorial Note:Nomenclature changes to subpart I of part 121 appear at 60 FR 65928, Dec. 20, 1995.

§ 121.171 Applicability.

(a) This subpart prescribes airplane performance operating limitations for all certificate holders.


(b) For purposes of this part, effective length of the runway for landing means the distance from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the centerline of the runway to the far end thereof.


(c) For the purposes of this subpart, obstruction clearance plane means a plane sloping upward from the runway at a slope of 1:20 to the horizontal, and tangent to or clearing all obstructions within a specified area surrounding the runway as shown in a profile view of that area. In the plan view, the centerline of the specified area coincides with the centerline of the runway, beginning at the point where the obstruction clearance plane intersects the centerline of the runway and proceeding to a point at least 1,500 feet from the beginning point. Thereafter the centerline coincides with the takeoff path over the ground for the runway (in the case of takeoffs) or with the instrument approach counterpart (for landings), or, where the applicable one of these paths has not been established, it proceeds consistent with turns of at least 4,000 foot radius until a point is reached beyond which the obstruction clearance plane clears all obstructions. This area extends laterally 200 feet on each side of the centerline at the point where the obstruction clearance plane intersects the runway and continues at this width to the end of the runway; then it increases uniformly to 500 feet on each side of the centerline at a point 1,500 feet from the intersection of the obstruction clearance plane with the runway; thereafter it extends laterally 500 feet on each side of the centerline.


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 41 FR 55475, Dec. 20, 1976]


§ 121.173 General.

(a) Except as provided in paragraph (c) of this section, each certificate holder operating a reciprocating-engine-powered 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 –


(1) A turbo-propeller-powered airplane type certificated after August 29, 1959, but previously type certificated with the same number of reciprocating engines, the certificate holder may comply with §§ 121.175 through 121.187; or


(2) Until December 20, 2010, a turbo-propeller-powered airplane described in § 121.157(f), the certificate holder may comply with the applicable performance requirements of appendix K of this part.


(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 operating rules of 14 CFR part 121, subpart I) after taking into account the temperature operating correction factors in the applicable Airplane Flight Manual.


(f) The Administrator may authorize in the operations specifications deviations from the requirements in the subpart if special circumstances make a literal observance of a requirement unnecessary for safety.


(g) The ten-mile width specified in §§ 121.179 through 121.183 may be reduced to five miles, for not more than 20 miles, when operating VFR or where navigation facilities furnish reliable and accurate identification of high ground and obstructions located outside of five miles, but within ten miles, on each side of the intended track.


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.175 Airplanes: Reciprocating engine-powered: Weight limitations.

(a) No person may take off a reciprocating engine powered airplane from an airport located at an elevation outside of the range for which maximum takeoff weights have been determined for that airplane.


(b) No person may take off a reciprocating engine powered airplane for an airport of intended destination that is located at an elevation outside of the range for which maximum landing weights have been determined for that airplane.


(c) No person may specify, or have specified, an alternate airport that is located at an elevation outside of the range for which maximum landing weights have been determined for the reciprocating engine powered airplane concerned.


(d) No person may take off a reciprocating engine powered airplane at a weight more than the maximum authorized takeoff weight for the elevation of the airport.


(e) No person may take off a reciprocating engine powered airplane if its weight on arrival at the airport of destination will be more than the maximum authorized landing weight for the elevation of that airport, allowing for normal consumption of fuel and oil en route.


(f) This section does not apply to large nontransport category airplanes operated under § 121.173(c).


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.177 Airplanes: Reciprocating engine-powered: Takeoff limitations.

(a) No person operating a reciprocating engine powered airplane may takeoff that airplane unless it is possible –


(1) To stop the airplane safely on the runway, as shown by the accelerate stop distance data, at any time during takeoff until reaching critical-engine failure speed;


(2) If the critical engine fails at any time after the airplane reaches critical-engine failure speed V1, to continue the takeoff and reach a height of 50 feet, as indicated by the takeoff path data, before passing over the end of the runway; and


(3) To clear all obstacles either by at least 50 feet vertically (as shown by the takeoff path data) or 200 feet horizontally within the airport boundaries and 300 feet horizontally beyond the boundaries, without banking before reaching a height of 50 feet (as shown by the takeoff path data) and thereafter without banking more than 15 degrees.


(b) In applying this section, corrections must be made for the effective runway gradient. To allow for wind effect, takeoff data based on still air may be corrected by taking into account not more than 50 percent of any reported headwind component and not less than 150 percent of any reported tailwind component.


(c) This section does not apply to large nontransport category airplanes operated under § 121.173(c).


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-159, 45 FR 41593, June 19, 1980; Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.179 Airplanes: Reciprocating engine-powered: En route limitations: All engines operating.

(a) No person operating a reciprocating engine powered airplane may take off that airplane at a weight, allowing for normal consumption of fuel and oil, that does not allow a rate of climb (in feet per minute), with all engines operating, of at least 6.90 VSo (that is, the number of feet per minute is obtained by multiplying the number of knots by 6.90) at an altitude of at least 1,000 feet above the highest ground or obstruction within ten miles of each side of the intended track.


(b) This section does not apply to airplanes certificated under part 4a of the Civil Air Regulations.


(c) This section does not apply to large nontransport category airplanes operated under § 121.173(c).


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.181 Airplanes: Reciprocating engine-powered: En route limitations: One engine inoperative.

(a) Except as provided in paragraph (b) of this section, no person operating a reciprocating engine powered airplane may take off that airplane at a weight, allowing for normal consumption of fuel and oil, that does not allow a rate of climb (in feet per minute), with one engine inoperative, of at least


(0.079-0.106/N) Vso2

(where N is the number of engines installed and VSo is expressed in knots) at an altitude of at least 1,000 feet above the highest ground or obstruction within 10 miles of each side of the intended track. However, for the purposes of this paragraph the rate of climb for airplanes certificated under part 4a of the Civil Air Regulations is 0.026 Vso2.

(b) In place of the requirements of paragraph (a) of this section, a person may, under an approved procedure, operate a reciprocating engine powered airplane, at an all-engines-operating altitude that allows the airplane to continue, after an engine failure, to an alternate airport where a landing can be made in accordance with § 121.187, allowing for normal consumption of fuel and oil. After the assumed failure, the flight path must clear the ground and any obstruction within five miles on each side of the intended track by at least 2,000 feet.


(c) If an approved procedure under paragraph (b) of this section is used, the certificate holder shall comply with the following:


(1) The rate of climb (as prescribed in the Airplane Flight Manual for the appropriate weight and altitude) used in calculating the airplane’s flight path shall be diminished by an amount, in feet per minute, equal to


(0.079-0.106/N) Vso2

(when N is the number of engines installed and VSo is expressed in knots) for airplanes certificated under part 25 of this chapter and by 0.026 Vso2 for airplanes certificated under part 4a of the Civil Air Regulations.

(2) The all-engines-operating altitude shall be sufficient so that in the event the critical engine becomes inoperative at any point along the route, the flight will be able to proceed to a predetermined alternate airport by use of this procedure. In determining the takeoff weight, the airplane is assumed to pass over the critical obstruction following engine failure at a point no closer to the critical obstruction than the nearest approved radio navigational fix, unless the Administrator approves a procedure established on a different basis upon finding that adequate operational safeguards exist.


(3) The airplane must meet the provisions of paragraph (a) of this section at 1,000 feet above the airport used as an alternate in this procedure.


(4) The procedure must include an approved method of accounting for winds and temperatures that would otherwise adversely affect the flight path.


(5) In complying with this procedure fuel jettisoning is allowed if the certificate holder shows that it has an adequate training program, that proper instructions are given to the flight crew, and all other precautions are taken to insure a safe procedure.


(6) The certificate holder shall specify in the dispatch or flight release an alternate airport that meets the requirements of § 121.625.


(d) This section does not apply to large nontransport category airplanes operated under § 121.173(c).


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.183 Part 25 airplanes with four or more engines: Reciprocating engine powered: En route limitations: Two engines inoperative.

(a) No person may operate an airplane certificated under part 25 and having four or more engines unless –


(1) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of § 121.187; or


(2) It is operated at a weight allowing the airplane, with the two critical engines inoperative, to climb at 0.013 Vso2 feet per minute (that is, the number of feet per minute is obtained by multiplying the number of knots squared by 0.013) at an altitude of 1,000 feet above the highest ground or obstruction within 10 miles on each side of the intended track, or at an altitude of 5,000 feet, whichever is higher.


(b) For the purposes of paragraph (a)(2) of this section, it is assumed that –


(1) The two engines fail at the point that is most critical with respect to the takeoff weight:


(2) Consumption of fuel and oil is normal with all engines operating up to the point where the two engines fail and with two engines operating beyond that point;


(3) Where the engines are assumed to fail at an altitude above the prescribed minimum altitude, compliance with the prescribed rate of climb at the prescribed minimum altitude need not be shown during the descent from the cruising altitude to the prescribed minimum altitude, if those requirements can be met once the prescribed minimum altitude is reached, and assuming descent to be along a net flight path and the rate of descent to be 0.013 Vso2 greater than the rate in the approved performance data; and


(4) If fuel jettisoning is provided, the airplane’s weight at the point where the two engines fail is considered to be not less than that which would include enough fuel to proceed to an airport meeting the requirements of § 121.187 and to arrive at an altitude of at least 1,000 feet directly over that airport.


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.185 Airplanes: Reciprocating engine-powered: Landing limitations: Destination airport.

(a) Except as provided in paragraph (b) of this section no person operating a reciprocating engine powered airplane may take off that airplane, unless its weight on arrival, allowing for normal consumption of fuel and oil in flight, would allow a full stop landing at the intended destination within 60 percent of the effective length of each runway described below from a point 50 feet directly above the intersection of the obstruction clearance plane and the runway. For the purposes of determining the allowable landing weight at the destination airport the following is assumed:


(1) The airplane is landed on the most favorable runway and in the most favorable direction in still air.


(2) The airplane is landed on the most suitable runway considering the probable wind velocity and direction (forecast for the expected time of arrival), the ground handling characteristics of the type of airplane, and other conditions such as landing aids and terrain, and allowing for the effect of the landing path and roll of not more than 50 percent of the headwind component or not less than 150 percent of the tailwind component.


(b) An airplane that would be prohibited from being taken off because it could not meet the requirements of paragraph (a)(2) of this section may be taken off if an alternate airport is specified that meets all of the requirements of this section except that the airplane can accomplish a full stop landing within 70 percent of the effective length of the runway.


(c) This section does not apply to large nontransport category airplanes operated under § 121.173(c).


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.187 Airplanes: Reciprocating engine-powered: Landing limitations: Alternate airport.

(a) No person may list an airport as an alternate airport in a dispatch or flight release unless the airplane (at the weight anticipated at the time of arrival at the airport), based on the assumptions in § 121.185, can be brought to a full stop landing, within 70 percent of the effective length of the runway.


(b) This section does not apply to large nontransport category airplanes operated under § 121.173(c).


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as amended by Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.189 Airplanes: Turbine engine powered: Takeoff limitations.

(a) No person operating a turbine engine powered airplane may take off that airplane at a weight greater than that listed in the Airplane Flight Manual for the elevation of the airport and for the ambient temperature existing at takeoff.


(b) No person operating a turbine engine powered airplane certificated after August 26, 1957, but before August 30, 1959 (SR422, 422A), may take off that airplane at a weight greater than that listed in the Airplane Flight Manual for the minimum distances required for takeoff. In the case of an airplane certificated after September 30, 1958 (SR422A, 422B), the takeoff distance may include a clearway distance but the clearway distance included may not be greater than
1/2 of the takeoff run.


(c) No person operating a turbine engine powered airplane certificated after August 29, 1959 (SR422B), may take off that airplane at a weight greater than that listed in the Airplane Flight Manual at which compliance with the following may be shown:


(1) The accelerate-stop distance must not exceed the length of the runway plus the length of any stopway.


(2) The takeoff distance must not exceed the length of the runway plus the length of any clearway except that the length of any clearway included must not be greater than one-half the length of the runway.


(3) The takeoff run must not be greater than the length of the runway.


(d) No person operating a turbine engine powered airplane may take off that airplane at a weight greater than that listed in the Airplane Flight Manual –


(1) In the case of an airplane certificated after August 26, 1957, but before October 1, 1958 (SR422), that allows a takeoff path that clears all obstacles either by at least (35 + 0.01D) feet vertically (D is the distance along the intended flight path from the end of the runway in feet), or by at least 200 feet horizontally within the airport boundaries and by at least 300 feet horizontally after passing the boundaries; or


(2) In the case of an airplane certificated after September 30, 1958 (SR 422A, 422B), that allows a net takeoff flight path that clears all obstacles either by a height of at least 35 feet vertically, or by at least 200 feet horizontally within the airport boundaries and by at least 300 feet horizontally after passing the boundaries.


(e) In determining maximum weights, minimum distances, and flight paths under paragraphs (a) through (d) of this section, correction must be made for the runway to be used, the elevation of the airport, the effective runway gradient, the ambient temperature and wind component at the time of takeoff, and, if operating limitations exist for the minimum distances required for takeoff from wet runways, the runway surface condition (dry or wet). Wet runway distances associated with grooved or porous friction course runways, if provided in the Airplane Flight Manual, may be used only for runways that are grooved or treated with a porous friction course (PFC) overlay, and that the operator determines are designed, constructed, and maintained in a manner acceptable to the Administrator.


(f) For the purposes of this section, it is assumed that the airplane is not banked before reaching a height of 50 feet, as shown by the takeoff path or net takeoff flight path data (as appropriate) in the Airplane Flight Manual, and thereafter that the maximum bank is not more than 15 degrees.


(g) For the purposes of this section the terms, takeoff distance, takeoff run, net takeoff flight path and takeoff path have the same meanings as set forth in the rules under which the airplane was certificated.


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-268, 63 FR 8321, Feb. 18, 1998]


§ 121.191 Airplanes: Turbine engine powered: En route limitations: One engine inoperative.

(a) No person operating a turbine engine powered airplane may take off that airplane at a weight, allowing for normal consumption of fuel and oil, that is greater than that which (under the approved, one engine inoperative, en route net flight path data in the Airplane Flight Manual for that airplane) will allow compliance with paragraph (a) (1) or (2) of this section, based on the ambient temperatures expected en route:


(1) There is a positive slope at an altitude of at least 1,000 feet above all terrain and obstructions within five statute miles on each side of the intended track, and, in addition, if that airplane was certificated after August 29, 1959 (SR 422B) there is a positive slope at 1,500 feet above the airport where the airplane is assumed to land after an engine fails.


(2) The net flight path allows the airplane to continue flight from the cruising altitude to an airport where a landing can be made under § 121.197, clearing all terrain and obstructions within five statute miles of the intended track by at least 2,000 feet vertically and with a positive slope at 1,000 feet above the airport where the airplane lands after an engine fails, or, if that airplane was certificated after September 30, 1958 (SR 422A, 422B), with a positive slope at 1,500 feet above the airport where the airplane lands after an engine fails.


(b) For the purposes of paragraph (a)(2) of this section, it is assumed that –


(1) The engine fails at the most critical point en route;


(2) The airplane passes over the critical obstruction, after engine failure at a point that is no closer to the obstruction than the nearest approved radio navigation fix, unless the Administrator authorizes a different procedure based on adequate operational safeguards;


(3) An approved method is used to allow for adverse winds:


(4) Fuel jettisoning will be allowed if the certificate holder shows that the crew is properly instructed, that the training program is adequate, and that all other precautions are taken to insure a safe procedure;


(5) The alternate airport is specified in the dispatch or flight release and meets the prescribed weather minimums; and


(6) The consumption of fuel and oil after engine failure is the same as the consumption that is allowed for in the approved net flight path data in the Airplane Flight Manual.


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964; 30 FR 130, Jan. 7, 1965, as amended by Amdt. 121-143, 43 FR 22641, May 25, 1978]


§ 121.193 Airplanes: Turbine engine powered: En route limitations: Two engines inoperative.

(a) Airplanes certificated after August 26, 1957, but before October 1, 1958 (SR 422). No person may operate a turbine engine powered airplane along an intended route unless he complies with either of the following:


(1) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of § 121.197.


(2) Its weight, according to the two-engine-inoperative, en route, net flight path data in the Airplane Flight Manual, allows the airplane to fly from the point where the two engines are assumed to fail simultaneously to an airport that meets the requirements of § 121.197, with a net flight path (considering the ambient temperature anticipated along the track) having a positive slope at an altitude of at least 1,000 feet above all terrain and obstructions within five miles on each side of the intended track, or at an altitude of 5,000 feet, whichever is higher.


For the purposes of paragraph (a)(2) of this section, it is assumed that the two engines fail at the most critical point en route, that if fuel jettisoning is provided, the airplane’s weight at the point where the engines fail includes enough fuel to continue to the airport and to arrive at an altitude of at least 1,000 feet directly over the airport, and that the fuel and oil consumption after engine failure is the same as the consumption allowed for in the net flight path data in the Airplane Flight Manual.

(b) Aircraft certificated after September 30, 1958, but before August 30, 1959 (SR 422A). No person may operate a turbine engine powered airplane along an intended route unless he complies with either of the following:


(1) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of § 121.197.


(2) Its weight, according to the two-engine-inoperative, en route, net flight path data in the Airplane Flight Manual, allows the airplane to fly from the point where the two engines are assumed to fail simultaneously to an airport that meets the requirements of § 121.197, with a net flight path (considering the ambient temperatures anticipated along the track) having a positive slope at an altitude of at least 1,000 feet above all terrain and obstructions within 5 miles on each side of the intended track, or at an altitude of 2,000 feet, whichever is higher.


For the purposes of paragraph (b)(2) of this section, it is assumed that the two engines fail at the most critical point en route, that the airplane’s weight at the point where the engines fail includes enough fuel to continue to the airport, to arrive at an altitude of at least 1,500 feet directly over the airport, and thereafter to fly for 15 minutes at cruise power or thrust, or both, and that the consumption of fuel and oil after engine failure is the same as the consumption allowed for in the net flight path data in the Airplane Flight Manual.

(c) Aircraft certificated after August 29, 1959 (SR 422B). No person may operate a turbine engine powered airplane along an intended route unless he complies with either of the following:


(1) There is no place along the intended track that is more than 90 minutes (with all engines operating at cruising power) from an airport that meets the requirements of § 121.197.


(2) Its weight, according to the two-engine inoperative, en route, net flight path data in the Airplane Flight Manual, allows the airplane to fly from the point where the two engines are assumed to fail simultaneously to an airport that meets the requirements of § 121.197, with the net flight path (considering the ambient temperatures anticipated along the track) clearing vertically by at least 2,000 feet all terrain and obstructions within five statute miles (4.34 nautical miles) on each side of the intended track. For the purposes of this subparagraph, it is assumed that –


(i) The two engines fail at the most critical point en route;


(ii) The net flight path has a positive slope at 1,500 feet above the airport where the landing is assumed to be made after the engines fail;


(iii) Fuel jettisoning will be approved if the certificate holder shows that the crew is properly instructed, that the training program is adequate, and that all other precautions are taken to ensure a safe procedure;


(iv) The airplane’s weight at the point where the two engines are assumed to fail provides enough fuel to continue to the airport, to arrive at an altitude of at least 1,500 feet directly over the airport, and thereafter to fly for 15 minutes at cruise power or thrust, or both; and


(v) The consumption of fuel and oil after the engine failure is the same as the consumption that is allowed for in the net flight path data in the Airplane Flight Manual.


§ 121.195 Airplanes: Turbine engine powered: Landing limitations: Destination airports.

(a) No person operating a turbine engine powered airplane may take off that airplane at such a weight that (allowing for normal consumption of fuel and oil in flight to the destination or alternate airport) the weight of the airplane on arrival would exceed the landing weight set forth in the Airplane Flight Manual for the elevation of the destination or alternate airport and the ambient temperature anticipated at the time of landing.


(b) Except as provided in paragraph (c), (d), or (e) of this section, no person operating a turbine engine powered airplane may take off that airplane unless its weight on arrival, allowing for normal consumption of fuel and oil in flight (in accordance with the landing distance set forth in the Airplane Flight Manual for the elevation of the destination airport and the wind conditions anticipated there at the time of landing), would allow a full stop landing at the intended destination airport within 60 percent of the effective length of each runway described below from a point 50 feet above the intersection of the obstruction clearance plane and the runway. For the purpose of determining the allowable landing weight at the destination airport the following is assumed:


(1) The airplane is landed on the most favorable runway and in the most favorable direction, in still air.


(2) The airplane is landed on the most suitable runway considering the probable wind velocity and direction and the ground handling characteristics of the airplane, and considering other conditions such as landing aids and terrain.


(c) A turbopropeller powered airplane that would be prohibited from being taken off because it could not meet the requirements of paragraph (b)(2) of this section, may be taken off if an alternate airport is specified that meets all the requirements of this section except that the airplane can accomplish a full stop landing within 70 percent of the effective length of the runway.


(d) Unless, based on a showing of actual operating landing techniques on wet runways, a shorter landing distance (but never less than that required by paragraph (b) of this section) has been approved for a specific type and model airplane and included in the Airplane Flight Manual, no person may takeoff a turbojet powered airplane when the appropriate weather reports and forecasts, or a combination thereof, indicate that the runways at the destination airport may be wet or slippery at the estimated time of arrival unless the effective runway length at the destination airport is at least 115 percent of the runway length required under paragraph (b) of this section.


(e) A turbojet powered airplane that would be prohibited from being taken off because it could not meet the requirements of paragraph (b)(2) of this section may be taken off if an alternate airport is specified that meets all the requirements of paragraph (b) of this section.


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 30 FR 8572, July 7, 1965]


§ 121.197 Airplanes: Turbine engine powered: Landing limitations: Alternate airports.

No person may list an airport as an alternate airport in a dispatch or flight release for a turbine engine powered airplane unless (based on the assumptions in § 121.195 (b)) that airplane at the weight anticipated at the time of arrival can be brought to a full stop landing within 70 percent of the effective length of the runway for turbopropeller powered airplanes and 60 percent of the effective length of the runway for turbojet powered airplanes, from a point 50 feet above the intersection of the obstruction clearance plane and the runway. In the case of an alternate airport for departure, as provided in § 121.617, allowance may be made for fuel jettisoning in addition to normal consumption of fuel and oil when determining the weight anticipated at the time of arrival.


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-9, 30 FR 8572, July 7, 1965; Amdt. 121-179, 47 FR 33390, Aug. 2, 1982]


§ 121.198 Cargo service airplanes: Increased zero fuel and landing weights.

(a) Notwithstanding the applicable structural provisions of the airworthiness regulations but subject to paragraphs (b) through (g) of this section, a certificate holder may operate (for cargo service only) any of the following airplanes (certificated under part 4b of the Civil Air Regulations effective before March 13, 1956) at increased zero fuel and landing weights –


(1) DC-6A, DC-6B, DC-7B, and DC-7C; and


(2) L1049B, C, D, E, F, G, and H, and the L1649A when modified in accordance with supplemental type certificate SA 4-1402.


(b) The zero fuel weight (maximum weight of the airplane with no disposable fuel and oil) and the structural landing weight may be increased beyond the maximum approved in full compliance with applicable regulations only if the Administrator finds that –


(1) The increase is not likely to reduce seriously the structural strength;


(2) The probability of sudden fatigue failure is not noticeably increased;


(3) The flutter, deformation, and vibration characteristics do not fall below those required by applicable regulations; and


(4) All other applicable weight limitations will be met.


(c) No zero fuel weight may be increased by more than five percent, and the increase in the structural landing weight may not exceed the amount, in pounds, of the increase in zero fuel weight.


(d) Each airplane must be inspected in accordance with the approved special inspection procedures, for operations at increased weights, established and issued by the manufacturer of the type of airplane.


(e) Each airplane operated under this section must be operated in accordance with the passenger-carrying performance operating limitations prescribed in this part.


(f) The Airplane Flight Manual for each airplane operated under this section must be appropriately revised to include the operating limitations and information needed for operation at the increased weights.


(g) Except as provided for the carrying of persons under § 121.583 each airplane operated at an increased weight under this section must, before it is used in passenger service, be inspected under the special inspection procedures for return to passenger service established and issued by the manufacturer and approved by the Administrator.


§ 121.199 Nontransport category airplanes: Takeoff limitations.

(a) No person operating a nontransport category airplane may take off that airplane at a weight greater than the weight that would allow the airplane to be brought to a safe stop within the effective length of the runway, from any point during the takeoff before reaching 105 percent of minimum control speed (the minimum speed at which an airplane can be safely controlled in flight after an engine becomes inoperative) or 115 percent of the power off stalling speed in the takeoff configuration, whichever is greater.


(b) For the purposes of this section –


(1) It may be assumed that takeoff power is used on all engines during the acceleration;


(2) Not more than 50 percent of the reported headwind component, or not less than 150 percent of the reported tailwind component, may be taken into account;


(3) The average runway gradient (the difference between the elevations of the endpoints of the runway divided by the total length) must be considered if it is more than one-half of 1 percent;


(4) It is assumed that the airplane is operating in standard atmosphere; and


(5) The effective length of the runway for takeoff means the distance from the end of the runway at which the takeoff is started to a point at which the obstruction clearance plane associated with the other end of the runway intersects the runway centerline.


[Doc. No. 6258, 29 FR 19198, Dec. 31, 1964, as amended by Amdt. 121-132, 41 FR 55475, Dec. 20, 1976]


§ 121.201 Nontransport category airplanes: En route limitations: One engine inoperative.

(a) Except as provided in paragraph (b) of this section, no person operating a nontransport category airplane may take off that airplane at a weight that does not allow a rate of climb of at least 50 feet a minute, with the critical engine inoperative, at an altitude of at least 1,000 feet above the highest obstruction within five miles on each side of the intended track, or 5,000 feet, whichever is higher.


(b) Notwithstanding paragraph (a) of this section, if the Administrator finds that safe operations are not impaired, a person may operate the airplane at an altitude that allows the airplane, in case of engine failure, to clear all obstructions within 5 miles on each side of the intended track by 1,000 feet. If this procedure is used, the rate of descent for the appropriate weight and altitude is assumed to be 50 feet a minute greater than the rate in the approved performance data. Before approving such a procedure, the Administrator considers the following for the route, route segment, or area concerned:


(1) The reliability of wind and weather forecasting.


(2) The location and kinds of navigation aids.


(3) The prevailing weather conditions, particularly the frequency and amount of turbulence normally encountered.


(4) Terrain features.


(5) Air traffic control problems.


(6) Any other operational factors that affect the operation.


(c) For the purposes of this section, it is assumed that –


(1) The critical engine is inoperative;


(2) The propeller of the inoperative engine is in the minimum drag position;


(3) The wing flaps and landing gear are in the most favorable position;


(4) The operating engines are operating at the maximum continuous power available;


(5) The airplane is operating in standard atmosphere; and


(6) The weight of the airplane is progressively reduced by the anticipated consumption of fuel and oil.


§ 121.203 Nontransport category airplanes: Landing limitations: Destination airport.

(a) No person operating a nontransport category airplane may take off that airplane at a weight that –


(1) Allowing for anticipated consumption of fuel and oil, is greater than the weight that would allow a full stop landing within 60 percent of the effective length of the most suitable runway at the destination airport; and


(2) Is greater than the weight allowable if the landing is to be made on the runway –


(i) With the greatest effective length in still air; and


(ii) Required by the probable wind, taking into account not more than 50 percent of the headwind component or not less than 150 percent of the tailwind component.


(b) For the purposes of this section, it is assumed that –


(1) The airplane passes directly over the intersection of the obstruction clearance plane and the runway at a height of 50 feet in a steady gliding approach at a true indicated airspeed of at least 1.3 VSo;


(2) The landing does not require exceptional pilot skill; and


(3) The airplane is operating in standard atmosphere.


§ 121.205 Nontransport category airplanes: Landing limitations: Alternate airport.

No person may list an airport as an alternate airport in a dispatch or flight release for a nontransport category airplane unless that airplane (at the weight anticipated at the time of arrival) based on the assumptions contained in § 121.203, can be brought to a full stop landing within 70 percent of the effective length of the runway.


§ 121.207 Provisionally certificated airplanes: Operating limitations.

In addition to the limitations in § 91.317 of this chapter, the following limitations apply to the operation of provisionally certificated airplanes by certificate holders:


(a) In addition to crewmembers, each certificate holder may carry on such an airplane only those persons who are listed in § 121.547(c) or who are specifically authorized by both the certificate holder and the Administrator.


(b) Each certificate holder shall keep a log of each flight conducted under this section and shall keep accurate and complete records of each inspection made and all maintenance performed on the airplane. The certificate holder shall make the log and records made under this section available to the manufacturer and the Administrator.


[Doc. No. 28154, 61 FR 2611, Jan. 26, 1996]


Subpart J – Special Airworthiness Requirements


Source:Docket No. 6258, 29 FR 19202, Dec. 31, 1964, unless otherwise noted.

§ 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 04 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.


[Doc. No. 28154, 60 FR 65928, Dec. 20, 1995]


§ 121.213 [Reserved]

§ 121.215 Cabin interiors.

(a) Except as provided in § 121.312, each compartment used by the crew or passengers must meet the requirements of this section.


(b) Materials must be at least flash resistant.


(c) The wall and ceiling linings and the covering of upholstering, floors, and furnishings must be flame resistant.


(d) Each compartment where smoking is to be allowed must be equipped with self-contained ash trays that are completely removable and other compartments must be placarded against smoking.


(e) Each receptacle for used towels, papers, and wastes must be of fire-resistant material and must have a cover or other means of containing possible fires started in the receptacles.


[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-84, 37 FR 3974, Feb. 24, 1972]


§ 121.217 Internal doors.

In any case where internal doors are equipped with louvres or other ventilating means, there must be a means convenient to the crew for closing the flow of air through the door when necessary.


§ 121.219 Ventilation.

Each passenger or crew compartment must be suitably ventilated. Carbon monoxide concentration may not be more than one part in 20,000 parts of air, and fuel fumes may not be present. In any case where partitions between compartments have louvres or other means allowing air to flow between compartments, there must be a means convenient to the crew for closing the flow of air through the partitions, when necessary.


§ 121.221 Fire precautions.

(a) Each compartment must be designed so that, when used for storing cargo or baggage, it meets the following requirements:


(1) No compartment may include controls, wiring, lines, equipment, or accessories that would upon damage or failure, affect the safe operation of the airplane unless the item is adequately shielded, isolated, or otherwise protected so that it cannot be damaged by movement of cargo in the compartment and so that damage to or failure of the item would not create a fire hazard in the compartment.


(2) Cargo or baggage may not interfere with the functioning of the fire-protective features of the compartment.


(3) Materials used in the construction of the compartments, including tie-down equipment, must be at least flame resistant.


(4) Each compartment must include provisions for safeguarding against fires according to the classifications set forth in paragraphs (b) through (f) of this section.


(b) Class A. Cargo and baggage compartments are classified in the “A” category if –


(1) A fire therein would be readily discernible to a member of the crew while at his station; and


(2) All parts of the compartment are easily accessible in flight.


There must be a hand fire extinguisher available for each Class A compartment.

(c) Class B. Cargo and baggage compartments are classified in the “B” category if enough access is provided while in flight to enable a member of the crew to effectively reach all of the compartment and its contents with a hand fire extinguisher and the compartment is so designed that, when the access provisions are being used, no hazardous amount of smoke, flames, or extinguishing agent enters any compartment occupied by the crew or passengers. Each Class B compartment must comply with the following:


(1) It must have a separate approved smoke or fire detector system to give warning at the pilot or flight engineer station.


(2) There must be a hand fire extinguisher available for the compartment.


(3) It must be lined with fire-resistant material, except that additional service lining of flame-resistant material may be used.


(d) Class C. Cargo and baggage compartments are classified in the “C” category if they do not conform with the requirements for the “A”, “B”, “D”, or “E” categories. Each Class C compartment must comply with the following:


(1) It must have a separate approved smoke or fire detector system to give warning at the pilot or flight engineer station.


(2) It must have an approved built-in fire-extinguishing system controlled from the pilot or flight engineer station.


(3) It must be designed to exclude hazardous quantities of smoke, flames, or extinguishing agents from entering into any compartment occupied by the crew or passengers.


(4) It must have ventilation and draft controlled so that the extinguishing agent provided can control any fire that may start in the compartment.


(5) It must be lined with fire-resistant material, except that additional service lining of flame-resistant material may be used.


(e) Class D. Cargo and baggage compartments are classified in the “D” category if they are so designed and constructed that a fire occurring therein will be completely confined without endangering the safety of the airplane or the occupants. Each Class D compartment must comply with the following:


(1) It must have a means to exclude hazardous quantities of smoke, flames, or noxious gases from entering any compartment occupied by the crew or passengers.


(2) Ventilation and drafts must be controlled within each compartment so that any fire likely to occur in the compartment will not progress beyond safe limits.


(3) It must be completely lined with fire-resistant material.


(4) Consideration must be given to the effect of heat within the compartment on adjacent critical parts of the airplane.


(f) Class E. On airplanes used for the carriage of cargo only, the cabin area may be classified as a Class “E” compartment. Each Class E compartment must comply with the following:


(1) It must be completely lined with fire-resistant material.


(2) It must have a separate system of an approved type smoke or fire detector to give warning at the pilot or flight engineer station.


(3) It must have a means to shut off the ventilating air flow to or within the compartment and the controls for that means must be accessible to the flight crew in the crew compartment.


(4) It must have a means to exclude hazardous quantities of smoke, flames, or noxious gases from entering the flight crew compartment.


(5) Required crew emergency exits must be accessible under all cargo loading conditions.


§ 121.223 Proof of compliance with § 121.221.

Compliance with those provisions of § 121.221 that refer to compartment accessibility, the entry of hazardous quantities of smoke or extinguishing agent into compartments occupied by the crew or passengers, and the dissipation of the extinguishing agent in Class “C” compartments must be shown by tests in flight. During these tests it must be shown that no inadvertent operation of smoke or fire detectors in other compartments within the airplane would occur as a result of fire contained in any one compartment, either during the time it is being extinguished, or thereafter, unless the extinguishing system floods those compartments simultaneously.


§ 121.225 Propeller deicing fluid.

If combustible fluid is used for propeller deicing, the certificate holder must comply with § 121.255.


§ 121.227 Pressure cross-feed arrangements.

(a) Pressure cross-feed lines may not pass through parts of the airplane used for carrying persons or cargo unless –


(1) There is a means to allow crewmembers to shut off the supply of fuel to these lines; or


(2) The lines are enclosed in a fuel and fume-proof enclosure that is ventilated and drained to the exterior of the airplane.


However, such an enclosure need not be used if those lines incorporate no fittings on or within the personnel or cargo areas and are suitably routed or protected to prevent accidental damage.

(b) Lines that can be isolated from the rest of the fuel system by valves at each end must incorporate provisions for relieving excessive pressures that may result from exposure of the isolated line to high temperatures.


§ 121.229 Location of fuel tanks.

(a) Fuel tanks must be located in accordance with § 121.255.


(b) No part of the engine nacelle skin that lies immediately behind a major air outlet from the engine compartment may be used as the wall of an integral tank.


(c) Fuel tanks must be isolated from personnel compartments by means of fume- and fuel-proof enclosures.


§ 121.231 Fuel system lines and fittings.

(a) Fuel lines must be installed and supported so as to prevent excessive vibration and so as to be adequate to withstand loads due to fuel pressure and accelerated flight conditions.


(b) Lines connected to components of the airplanes between which there may be relative motion must incorporate provisions for flexibility.


(c) Flexible connections in lines that may be under pressure and subject to axial loading must use flexible hose assemblies rather than hose clamp connections.


(d) Flexible hose must be of an acceptable type or proven suitable for the particular application.


§ 121.233 Fuel lines and fittings in designated fire zones.

Fuel lines and fittings in each designated fire zone must comply with § 121.259.


§ 121.235 Fuel valves.

Each fuel valve must –


(a) Comply with § 121.257;


(b) Have positive stops or suitable index provisions in the “on” and “off” positions; and


(c) Be supported so that loads resulting from its operation or from accelerated flight conditions are not transmitted to the lines connected to the valve.


§ 121.237 Oil lines and fittings in designated fire zones.

Oil line and fittings in each designated fire zone must comply with § 121.259.


§ 121.239 Oil valves.

(a) Each oil valve must –


(1) Comply with § 121.257;


(2) Have positive stops or suitable index provisions in the “on” and “off” positions; and


(3) Be supported so that loads resulting from its operation or from accelerated flight conditions are not transmitted to the lines attached to the valve.


(b) The closing of an oil shutoff means must not prevent feathering the propeller, unless equivalent safety provisions are incorporated.


§ 121.241 Oil system drains.

Accessible drains incorporating either a manual or automatic means for positive locking in the closed position, must be provided to allow safe drainage of the entire oil system.


§ 121.243 Engine breather lines.

(a) Engine breather lines must be so arranged that condensed water vapor that may freeze and obstruct the line cannot accumulate at any point.


(b) Engine breathers must discharge in a location that does not constitute a fire hazard in case foaming occurs and so that oil emitted from the line does not impinge upon the pilots’ windshield.


(c) Engine breathers may not discharge into the engine air induction system.


§ 121.245 Fire walls.

Each engine, auxiliary power unit, fuel-burning heater, or other item of combustion equipment that is intended for operation in flight must be isolated from the rest of the airplane by means of firewalls or shrouds, or by other equivalent means.


§ 121.247 Fire-wall construction.

Each fire wall and shroud must –


(a) Be so made that no hazardous quantity of air, fluids, or flame can pass from the engine compartment to other parts of the airplane;


(b) Have all openings in the fire wall or shroud sealed with close-fitting fire-proof grommets, bushings, or firewall fittings;


(c) Be made of fireproof material; and


(d) Be protected against corrosion.


§ 121.249 Cowling.

(a) Cowling must be made and supported so as to resist the vibration inertia, and air loads to which it may be normally subjected.


(b) Provisions must be made to allow rapid and complete drainage of the cowling in normal ground and flight attitudes. Drains must not discharge in locations constituting a fire hazard. Parts of the cowling that are subjected to high temperatures because they are near exhaust system parts or because of exhaust gas impingement must be made of fireproof material. Unless otherwise specified in these regulations all other parts of the cowling must be made of material that is at least fire resistant.


§ 121.251 Engine accessory section diaphragm.

Unless equivalent protection can be shown by other means, a diaphragm that complies with § 121.247 must be provided on air-cooled engines to isolate the engine power section and all parts of the exhaust system from the engine accessory compartment.


§ 121.253 Powerplant fire protection.

(a) Designated fire zones must be protected from fire by compliance with §§ 121.255 through 121.261.


(b) Designated fire zones are –


(1) Engine accessory sections;


(2) Installations where no isolation is provided between the engine and accessory compartment; and


(3) Areas that contain auxiliary power units, fuel-burning heaters, and other combustion equipment.


§ 121.255 Flammable fluids.

(a) No tanks or reservoirs that are a part of a system containing flammable fluids or gases may be located in designated fire zones, except where the fluid contained, the design of the system, the materials used in the tank, the shutoff means, and the connections, lines, and controls provide equivalent safety.


(b) At least one-half inch of clear airspace must be provided between any tank or reservoir and a firewall or shroud isolating a designated fire zone.


§ 121.257 Shutoff means.

(a) Each engine must have a means for shutting off or otherwise preventing hazardous amounts of fuel, oil, deicer, and other flammable fluids from flowing into, within, or through any designated fire zone. However, means need not be provided to shut off flow in lines that are an integral part of an engine.


(b) The shutoff means must allow an emergency operating sequence that is compatible with the emergency operation of other equipment, such as feathering the propeller, to facilitate rapid and effective control of fires.


(c) Shutoff means must be located outside of designated fire zones, unless equivalent safety is provided, and it must be shown that no hazardous amount of flammable fluid will drain into any designated fire zone after a shut off.


(d) Adequate provisions must be made to guard against inadvertent operation of the shutoff means and to make it possible for the crew to reopen the shutoff means after it has been closed.


§ 121.259 Lines and fittings.

(a) Each line, and its fittings, that is located in a designated fire zone, if it carries flammable fluids or gases under pressure, or is attached directly to the engine, or is subject to relative motion between components (except lines and fittings forming an integral part of the engine), must be flexible and fire-resistant with fire-resistant, factory-fixed, detachable, or other approved fire-resistant ends.


(b) Lines and fittings that are not subject to pressure or to relative motion between components must be of fire-resistant materials.


§ 121.261 Vent and drain lines.

All vent and drain lines and their fittings, that are located in a designated fire zone must, if they carry flammable fluids or gases, comply with § 121.259, if the Administrator finds that the rupture or breakage of any vent or drain line may result in a fire hazard.


§ 121.263 Fire-extinguishing systems.

(a) Unless the certificate holder shows that equivalent protection against destruction of the airplane in case of fire is provided by the use of fireproof materials in the nacelle and other components that would be subjected to flame, fire-extinguishing systems must be provided to serve all designated fire zones.


(b) Materials in the fire-extinguishing system must not react chemically with the extinguishing agent so as to be a hazard.


§ 121.265 Fire-extinguishing agents.

Only methyl bromide, carbon dioxide, or another agent that has been shown to provide equivalent extinguishing action may be used as a fire-extinguishing agent. If methyl bromide or any other toxic extinguishing agent is used, provisions must be made to prevent harmful concentrations of fluid or fluid vapors from entering any personnel compartment either because of leakage during normal operation of the airplane or because of discharging the fire extinguisher on the ground or in flight when there is a defect in the extinguishing system. If a methyl bromide system is used, the containers must be charged with dry agent and sealed by the fire-extinguisher manufacturer or some other person using satisfactory recharging equipment. If carbon dioxide is used, it must not be possible to discharge enough gas into the personnel compartments to create a danger of suffocating the occupants.


§ 121.267 Extinguishing agent container pressure relief.

Extinguishing agent containers must be provided with a pressure relief to prevent bursting of the container because of excessive internal pressures. The discharge line from the relief connection must terminate outside the airplane in a place convenient for inspection on the ground. An indicator must be provided at the discharge end of the line to provide a visual indication when the container has discharged.


§ 121.269 Extinguishing agent container compartment temperature.

Precautions must be taken to insure that the extinguishing agent containers are installed in places where reasonable temperatures can be maintained for effective use of the extinguishing system.


§ 121.271 Fire-extinguishing system materials.

(a) Except as provided in paragraph (b) of this section, each component of a fire-extinguishing system that is in a designated fire zone must be made of fireproof materials.


(b) Connections that are subject to relative motion between components of the airplane must be made of flexible materials that are at least fire-resistant and be located so as to minimize the probability of failure.


§ 121.273 Fire-detector systems.

Enough quick-acting fire detectors must be provided in each designated fire zone to assure the detection of any fire that may occur in that zone.


§ 121.275 Fire detectors.

Fire detectors must be made and installed in a manner that assures their ability to resist, without failure, all vibration, inertia, and other loads to which they may be normally subjected. Fire detectors must be unaffected by exposure to fumes, oil, water, or other fluids that may be present.


§ 121.277 Protection of other airplane components against fire.

(a) Except as provided in paragraph (b) of this section, all airplane surfaces aft of the nacelles in the area of one nacelle diameter on both sides of the nacelle centerline must be made of material that is at least fire resistant.


(b) Paragraph (a) of this section does not apply to tail surfaces lying behind nacelles unless the dimensional configuration of the airplane is such that the tail surfaces could be affected readily by heat, flames, or sparks emanating from a designated fire zone or from the engine compartment of any nacelle.


§ 121.279 Control of engine rotation.

(a) Except as provided in paragraph (b) of this section, each airplane must have a means of individually stopping and restarting the rotation of any engine in flight.


(b) In the case of turbine engine installations, a means of stopping the rotation need be provided only if the Administrator finds that rotation could jeopardize the safety of the airplane.


§ 121.281 Fuel system independence.

(a) Each airplane fuel system must be arranged so that the failure of any one component does not result in the irrecoverable loss of power of more than one engine.


(b) A separate fuel tank need not be provided for each engine if the certificate holder shows that the fuel system incorporates features that provide equivalent safety.


§ 121.283 Induction system ice prevention.

A means for preventing the malfunctioning of each engine due to ice accumulation in the engine air induction system must be provided for each airplane.


§ 121.285 Carriage of cargo in passenger 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.


(b) Cargo may be carried anywhere in the passenger compartment if it is carried in an approved cargo bin that meets the following requirements:


(1) The bin must withstand the load factors and emergency landing conditions applicable to the passenger seats of the airplane in which the bin is installed, multiplied by a factor of 1.15, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin.


(2) The maximum weight of cargo that the bin is approved to carry and any instructions necessary to insure proper weight distribution within the bin must be conspicuously marked on the bin.


(3) The bin may not impose any load on the floor or other structure of the airplane that exceeds the load limitations of that structure.


(4) The bin must be attached to the seat tracks or to the floor structure of the airplane, and its attachment must withstand the load factors and emergency landing conditions applicable to the passenger seats of the airplane in which the bin is installed, multiplied by either the factor 1.15 or the seat attachment factor specified for the airplane, whichever is greater, using the combined weight of the bin and the maximum weight of cargo that may be carried in the bin.


(5) The bin may not be installed in a position that restricts access to or use of any required emergency exit, or of the aisle in the passenger compartment.


(6) The bin must be fully enclosed and made of material that is at least flame resistant.


(7) Suitable safeguards must be provided within the bin to prevent the cargo from shifting under emergency landing conditions.


(8) The bin may not be installed in a position that obscures any passenger’s view of the “seat belt” sign “no smoking” sign, or any required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided.


(c) Cargo may be carried aft of a bulkhead or divider in any passenger compartment provided the cargo is restrained to the load factors in § 25.561(b)(3) and is loaded as follows:


(1) It is properly secured by a safety belt or other tiedown having enough strength to eliminate the possibility of shifting under all normally anticipated flight and ground conditions.


(2) It is packaged or covered in a manner to avoid possible injury to passengers and passenger compartment occupants.


(3) It does not impose any load on seats or the floor structure that exceeds the load limitation for those components.


(4) Its location does not restrict access to or use of any required emergency or regular exit, or of the aisle in the passenger compartment.


(5) Its location does not obscure any passenger’s view of the “seat belt” sign, “no smoking” sign, or required exit sign, unless an auxiliary sign or other approved means for proper notification of the passenger is provided.


(d) Cargo, including carry-on baggage, may be carried anywhere in the passenger compartment of a nontransport category airplane type certificated after December 31, 1964, if it is carried in an approved cargo rack, bin, or compartment installed in or on the airplane, if it is secured by an approved means, or if it is carried in accordance with each of the following:


(1) For cargo, it is properly secured by a safety belt or other tie-down having enough strength to eliminate the possibility of shifting under all normally anticipated flight and ground conditions, or for carry-on baggage, it is restrained so as to prevent its movement during air turbulence.


(2) It is packaged or covered to avoid possible injury to occupants.


(3) It does not impose any load on seats or in the floor structure that exceeds the load limitation for those components.


(4) It is not located in a position that obstructs the access to, or use of, any required emergency or regular exit, or the use of the aisle between the crew and the passenger compartment, or is located in a position that obscures any passenger’s view of the “seat belt” sign, “no smoking” sign or placard, or any required exit sign, unless an auxiliary sign or other approved means for proper notification of the passengers is provided.


(5) It is not carried directly above seated occupants.


(6) It is stowed in compliance with this section for takeoff and landing.


(7) For cargo-only operations, paragraph (d)(4) of this section does not apply if the cargo is loaded so that at least one emergency or regular exit is available to provide all occupants of the airplane a means of unobstructed exit from the airplane if an emergency occurs.


[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-179, 47 FR 33390, Aug. 2, 1982; Amdt. 121-251, 60 FR 65928, Dec. 20, 1995]


§ 121.287 Carriage of cargo in cargo compartments.

When cargo is carried in cargo compartments that are designed to require the physical entry of a crewmember to extinguish any fire that may occur during flight, the cargo must be loaded so as to allow a crewmember to effectively reach all parts of the compartment with the contents of a hand fire extinguisher.


§ 121.289 Landing gear: Aural warning device.

(a) Except for airplanes that comply with the requirements of § 25.729 of this chapter on or after January 6, 1992, each airplane must have a landing gear aural warning device that functions continuously under the following conditions:


(1) For airplanes with an established approach wing-flap position, whenever the wing flaps are extended beyond the maximum certificated approach climb configuration position in the Airplane Flight Manual and the landing gear is not fully extended and locked.


(2) For airplanes without an established approach climb wing-flap position, whenever the wing flaps are extended beyond the position at which landing gear extension is normally performed and the landing gear is not fully extended and locked.


(b) The warning system required by paragraph (a) of this section –


(1) May not have a manual shutoff;


(2) Must be in addition to the throttle-actuated device installed under the type certification airworthiness requirements; and


(3) May utilize any part of the throttle-actuated system including the aural warning device.


(c) The flap position sensing unit may be installed at any suitable place in the airplane.


[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3638, Mar. 19, 1965; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-227, 56 FR 63762, Dec. 5, 1991; Amdt. 121-251, 60 FR 65929, Dec. 20, 1995]


§ 121.291 Demonstration of emergency evacuation procedures.

(a) Except as provided in paragraph (a)(1) of this section, each certificate holder must conduct an actual demonstration of emergency evacuation procedures in accordance with paragraph (a) of appendix D to this part to show that each type and model of airplane with a seating capacity of more than 44 passengers to be used in its passenger-carrying operations allows the evacuation of the full capacity, including crewmembers, in 90 seconds or less.


(1) An actual demonstration need not be conducted if that airplane type and model has been shown to be in compliance with this paragraph in effect on or after October 24, 1967, or, if during type certification, with § 25.803 of this chapter in effect on or after December 1, 1978.


(2) Any actual demonstration conducted after September 27, 1993, must be in accordance with paragraph (a) of appendix D to this part in effect on or after that date or with § 25.803 in effect on or after that date.


(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:


(1) Initial introduction of a type and model of airplane into passenger-carrying operation;


(2) Changing the number, location, or emergency evacuation duties or procedures of flight attendants who are required by § 121.391; or


(3) Changing the number, location, type of emergency exits, or type of opening mechanism on emergency exits available for evacuation.


(c) In conducting the partial demonstration required by paragraph (b) of this section, each certificate holder must:


(1) Demonstrate the effectiveness of its crewmember emergency training and evacuation procedures by conducting a demonstration, not requiring passengers and observed by the Administrator, in which the flight attendants for that type and model of airplane, using that operator’s line operating procedures, open 50 percent of the required floor-level emergency exits and 50 percent of the required non-floor-level emergency exits whose opening by a flight attendant is defined as an emergency evacuation duty under § 121.397, and deploy 50 percent of the exit slides. The exits and slides will be selected by the administrator and must be ready for use within 15 seconds;


(2) Apply for and obtain approval from the responsible Flight Standards office before conducting the demonstration;


(3) Use flight attendants in this demonstration who have been selected at random by the Administrator, have completed the certificate holder’s FAA-approved training program for the type and model of airplane, and have passed a written or practical examination on the emergency equipment and procedures; and


(4) Apply for and obtain approval from the responsible Flight Standards office before commencing operations with this type and model airplane.


(d) Each certificate holder operating or proposing to operate one or more landplanes in extended overwater operations, or otherwise required to have certain equipment under § 121.339, must show, by simulated ditching conducted in accordance with paragraph (b) of appendix D to this part, that it has the ability to efficiently carry out its ditching procedures. For certificate holders subject to § 121.2(a)(1), this paragraph applies only when a new type or model airplane is introduced into the certificate holder’s operations after January 19, 1996.


(e) For a type and model airplane for which the simulated ditching specified in paragraph (d) has been conducted by a part 121 certificate holder, the requirements of paragraphs (b)(2), (b)(4), and (b)(5) of appendix D to this part are complied with if each life raft is removed from stowage, one life raft is launched and inflated (or one slide life raft is inflated) and crewmembers assigned to the inflated life raft display and describe the use of each item of required emergency equipment. The life raft or slide life raft to be inflated will be selected by the Administrator.


[Doc. No. 21269, 46 FR 61453, Dec. 17, 1981, as amended by Amdt. 121-233, 58 FR 45230, Aug. 26, 1993; Amdt. 121-251, 60 FR 65929, Dec. 20, 1995; Amdt. 121-307, 69 FR 67499, Nov. 17, 2004; Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9172, Mar. 5, 2018]


§ 121.293 Special airworthiness requirements for nontransport category airplanes type certificated after December 31, 1964.

No certificate holder may operate a nontransport category airplane manufactured after December 20, 1999 unless the airplane contains a takeoff warning system that meets the requirements of 14 CFR 25.703. However, the takeoff warning system does not have to cover any device for which it has been demonstrated that takeoff with that device in the most adverse position would not create a hazardous condition.


[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]


§ 121.295 Location for a suspect device.

After November 28, 2009, all airplanes with a maximum certificated passenger seating capacity of more than 60 persons must have a location where a suspected explosive or incendiary device found in flight can be placed to minimize the risk to the airplane.


[Doc. No. FAA-2006-26722, 73 FR 63880, Oct. 28, 2008]


Subpart K – Instrument and Equipment Requirements


Source:Docket No. 6258, 29 FR 19205, Dec. 31, 1964, unless otherwise noted.

§ 121.301 Applicability.

This subpart prescribes instrument and equipment requirements for all certificate holders.


§ 121.303 Airplane instruments and equipment.

(a) Unless otherwise specified, the instrument and equipment requirements of this subpart apply to all operations under this part.


(b) Instruments and equipment required by §§ 121.305 through 121.359 and 121.803 must be approved and installed in accordance with the airworthiness requirements applicable to them.


(c) Each airspeed indicator must be calibrated in knots, and each airspeed limitation and item of related information in the Airplane Flight Manual and pertinent placards must be expressed in knots.


(d) Except as provided in §§ 121.627(b) and 121.628, no person may take off any airplane unless the following instruments and equipment are in operable condition:


(1) Instruments and equipment required to comply with airworthiness requirements under which the airplane is type certificated and as required by §§ 121.213 through 121.283 and 121.289.


(2) Instruments and equipment specified in §§ 121.305 through 121.321, 121.359, 121.360, and 121.803 for all operations, and the instruments and equipment specified in §§ 121.323 through 121.351 for the kind of operation indicated, wherever these items are not already required by paragraph (d)(1) of this section.


[Doc. No. 6258, 29 FR 19202, Dec. 31, 1964, as amended by Amdt. 121-44, 33 FR 14406, Sept. 25, 1968; Amdt. 121-65, 35 FR 12709, Aug. 11, 1970; Amdt. 121-114, 39 FR 44440, Dec. 24, 1974; Amdt. 121-126, 40 FR 55314, Nov. 28, 1975; Amdt. 121-222, 56 FR 12310, Mar. 22, 1991; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]


§ 121.305 Flight and navigational equipment.

No person may operate an airplane unless it is equipped with the following flight and navigational instruments and equipment:


(a) An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to icing.


(b) A sensitive altimeter.


(c) A sweep-second hand clock (or approved equivalent).


(d) A free-air temperature indicator.


(e) A gyroscopic bank and pitch indicator (artificial horizon).


(f) A gyroscopic rate-of-turn indicator combined with an integral slip-skid indicator (turn-and-bank indicator) except that only a slip-skid indicator is required when a third attitude instrument system usable through flight attitudes of 360° of pitch and roll is installed in accordance with paragraph (k) of this section.


(g) A gyroscopic direction indicator (directional gyro or equivalent).


(h) A magnetic compass.


(i) A vertical speed indicator (rate-of-climb indicator).


(j) On the airplane described in this paragraph, in addition to two gyroscopic bank and pitch indicators (artificial horizons) for use at the pilot stations, a third such instrument is installed in accordance with paragraph (k) of this section:


(1) On each turbojet powered airplane.


(2) On each turbopropeller powered airplane having a passenger-seat configuration of more than 30 seats, excluding each crewmember seat, or a payload capacity of more than 7,500 pounds.


(3) On each turbopropeller powered airplane having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less that is manufactured on or after March 20, 1997.


(4) After December 20, 2010, on each turbopropeller powered airplane having a passenger seat configuration of 10-30 seats and a payload capacity of 7,500 pounds or less that was manufactured before March 20, 1997.


(k) When required by paragraph (j) of this section, a third gyroscopic bank-and-pitch indicator (artificial horizon) that:


(1) Is powered from a source independent of the electrical generating system;


(2) Continues reliable operation for a minimum of 30 minutes after total failure of the electrical generating system;


(3) Operates independently of any other attitude indicating system;


(4) Is operative without selection after total failure of the electrical generating system;


(5) Is located on the instrument panel in a position acceptable to the Administrator that will make it plainly visible to and usable by each pilot at his or her station; and


(6) Is appropriately lighted during all phases of operation.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-57, 35 FR 304, Jan. 8, 1970; Amdt. 121-60, 35 FR 7108, May 6, 1970; Amdt. 121-81, 36 FR 23050, Dec. 3, 1971; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-230, 58 FR 12158, Mar. 3, 1993; Amdt. 121-251, 60 FR 65929, Dec. 20, 1995; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997]


§ 121.306 Portable electronic devices.

(a) Except as provided in paragraph (b) of this section, no person may operate, nor may any operator or pilot in command of an aircraft allow the operation of, any portable electronic device on any U.S.-registered civil aircraft operating under this part.


(b) Paragraph (a) of this section does not apply to –


(1) Portable voice recorders;


(2) Hearing aids;


(3) Heart pacemakers;


(4) Electric shavers;


(5) Portable oxygen concentrators that comply with the requirements in § 121.574; or


(6) Any other portable electronic device that the part 119 certificate holder has determined will not cause interference with the navigation or communication system of the aircraft on which it is to be used.


(c) The determination required by paragraph (b)(6) of this section shall be made by that part 119 certificate holder operating the particular device to be used.


[Doc. No. FAA-1998-4954, 64 FR 1080, Jan. 7, 1999, as amended by Docket FAA-2014-0554, Amdt. 121-374, 81 FR 33118, May 24, 2016]


§ 121.307 Engine instruments.

Unless the Administrator allows or requires different instrumentation for turbine engine powered airplanes to provide equivalent safety, no person may conduct any operation under this part without the following engine instruments:


(a) A carburetor air temperature indicator for each engine.


(b) A cylinder head temperature indicator for each air-cooled engine.


(c) A fuel pressure indicator for each engine.


(d) A fuel flowmeter or fuel mixture indicator for each engine not equipped with an automatic altitude mixture control.


(e) A means for indicating fuel quantity in each fuel tank to be used.


(f) A manifold pressure indicator for each engine.


(g) An oil pressure indicator for each engine.


(h) An oil quantity indicator for each oil tank when a transfer or separate oil reserve supply is used.


(i) An oil-in temperature indicator for each engine.


(j) A tachometer for each engine.


(k) An independent fuel pressure warning device for each engine or a master warning device for all engines with a means for isolating the individual warning circuits from the master warning device.


(l) A device for each reversible propeller, to indicate to the pilot when the propeller is in reverse pitch, that complies with the following:


(1) The device may be actuated at any point in the reversing cycle between the normal low pitch stop position and full reverse pitch, but it may not give an indication at or above the normal low pitch stop position.


(2) The source of indication must be actuated by the propeller blade angle or be directly responsive to it.


§ 121.308 Lavatory fire protection.

(a) Except as provided in paragraphs (c) and (d) of this section, no person may operate a passenger-carrying airplane unless each lavatory in the airplane is equipped with a smoke detector system or equivalent that provides a warning light in the cockpit or provides a warning light or audio warning in the passenger cabin which would be readily detected by a flight attendant, taking into consideration the positioning of flight attendants throughout the passenger compartment during various phases of flight.


(b) Except as provided in paragraph (c) of this section, no person may operate a passenger-carrying airplane unless each lavatory in the airplane is equipped with a built-in fire extinguisher for each disposal receptacle for towels, paper, or waste located within the lavatory. The built-in fire extinguisher must be designed to discharge automatically into each disposal receptacle upon occurrence of a fire in the receptacle.


(c) Until December 22, 1997, a certificate holder described in § 121.2(a) (1) or (2) may operate an airplane with a passenger seat configuration of 30 or fewer seats that does not comply with the smoke detector system requirements described in paragraph (a) of this section and the fire extinguisher requirements described in paragraph (b) of this section.


(d) After December 22, 1997, no person may operate a nontransport category airplane type certificated after December 31, 1964, with a passenger seat configuration of 10-19 seats unless that airplane complies with the smoke detector system requirements described in paragraph (a) of this section, except that the smoke detector system or equivalent must provide a warning light in the cockpit or an audio warning that would be readily detected by the flightcrew.


[Doc. No. 28154, 60 FR 65929, Dec. 20, 1995]


§ 121.309 Emergency equipment.

(a) General: No person may operate an airplane unless it is equipped with the emergency equipment listed in this section and in § 121.310.


(b) Each item of emergency and flotation equipment listed in this section and in §§ 121.310, 121.339, and 121.340 –


(1) 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;


(2) Must be readily accessible to the crew and, with regard to equipment located in the passenger compartment, to passengers;


(3) Must be clearly identified and clearly marked to indicate its method of operation; and


(4) When carried in a compartment or container, must be carried in a compartment or container marked as to contents and the compartment or container, or the item itself, must be marked as to date of last inspection.


(c) Hand fire extinguishers for crew, passenger, cargo, and galley compartments. Hand fire extinguishers of an approved type must be provided for use in crew, passenger, cargo, and galley compartments in accordance with the following:


(1) The type and quantity of extinguishing agent must be suitable for the kinds of fires likely to occur in the compartment where the extinguisher is intended to be used and, for passenger compartments, must be designed to minimize the hazard of toxic gas concentrations.


(2) Cargo compartments. At least one hand fire extinguisher must be conveniently located for use in each class E cargo compartment that is accessible to crewmembers during flight.


(3) Galley compartments. At least one hand fire extinguisher must be conveniently located for use in each galley located in a compartment other than a passenger, cargo, or crew compartment.


(4) Flightcrew compartment. At least one hand fire extinguisher must be conveniently located on the flight deck for use by the flightcrew.


(5) Passenger compartments. Hand fire extinguishers for use in passenger compartments must be conveniently located and, when two or more are required, uniformly distributed throughout each compartment. Hand fire extinguishers shall be provided in passenger compartments as follows:


(i) For airplanes having passenger seats accommodating more than 6 but fewer than 31 passengers, at least one.


(ii) For airplanes having passenger seats accommodating more than 30 but fewer than 61 passengers, at least two.


(iii) For airplanes having passenger seats accommodating more than 60 passengers, there must be at least the following number of hand fire extinguishers:


Minimum Number of Hand Fire Extinguishers

Passenger seating accommodations:
61 through 2003
201 through 3004
301 through 4005
401 through 5006
501 through 6007
601 or more8

(6) Notwithstanding the requirement for uniform distribution of hand fire extinguishers as prescribed in paragraph (c)(5) of this section, for those cases where a galley is located in a passenger compartment, at least one hand fire extinguisher must be conveniently located and easily accessible for use in the galley.


(7) At least two of the required hand fire extinguisher installed in passenger-carrying 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) [Reserved]


(e) Crash ax. Except for nontransport category airplanes type certificated after December 31, 1964, each airplane must be equipped with a crash ax.


(f) Megaphones. Each passenger-carrying airplane must have a portable battery-powered megaphone or megaphones readily accessible to the crewmembers assigned to direct emergency evacuation, installed as follows:


(1) One megaphone on each airplane with a seating capacity of more than 60 and less than 100 passengers, at the most rearward location in the passenger cabin where it would be readily accessible to a normal flight attendant seat. However, the Administrator may grant a deviation from the requirements of this subparagraph if he finds that a different location would be more useful for evacuation of persons during an emergency.


(2) Two megaphones in the passenger cabin on each airplane with a seating capacity of more than 99 passengers, one installed at the forward end and the other at the most rearward location where it would be readily accessible to a normal flight attendant seat.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]


Editorial Note:For Federal Register citations affecting § 121.309, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 121.310 Additional emergency equipment.

(a) Means for emergency evacuation. Each passenger-carrying landplane emergency exit (other than over-the-wing) that is more than 6 feet from the ground with the airplane on the ground and the landing gear extended, must have an approved means to assist the occupants in descending to the ground. The assisting means for a floor-level emergency exit must meet the requirements of § 25.809(f)(1) of this chapter in effect on April 30, 1972, except that, for any airplane for which the application for the type certificate was filed after that date, it must meet the requirements under which the airplane was type certificated. An assisting means that deploys automatically must be armed during taxiing, takeoffs, and landings. However, if the Administrator finds that the design of the exit makes compliance impractical, he may grant a deviation from the requirement of automatic deployment if the assisting means automatically erects upon deployment and, with respect to required emergency exits, if an emergency evacuation demonstration is conducted in accordance with § 121.291(a). This paragraph does not apply to the rear window emergency exit of DC-3 airplanes operated with less than 36 occupants, including crewmembers and less than five exits authorized for passenger use.


(b) Interior emergency exit marking. The following must be complied with for each passenger-carrying airplane:


(1) Each passenger emergency exit, its means of access, and its means of opening must be conspicuously marked. The identity and location of each passenger emergency exit must be recognizable from a distance equal to the width of the cabin. The location of each passenger emergency exit must be indicated by a sign visible to occupants approaching along the main passenger aisle. There must be a locating sign –


(i) Above the aisle near each over-the-wing passenger emergency exit, or at another ceiling location if it is more practical because of low headroom;


(ii) Next to each floor level passenger emergency exit, except that one sign may serve two such exits if they both can be seen readily from that sign; and


(iii) On each bulkhead or divider that prevents fore and aft vision along the passenger cabin, to indicate emergency exits beyond and obscured by it, except that if this is not possible the sign may be placed at another appropriate location.


(2) Each passenger emergency exit marking and each locating sign must meet the following:


(i) Except as provided in paragraph (b)(2)(iii) of this section, for an airplane for which the application for the type certificate was filed prior to May 1, 1972, each passenger emergency exit marking and each locating sign must be manufactured to meet the requirements of § 25.812(b) of this chapter in effect on April 30, 1972. On these airplanes, no sign may continue to be used if its luminescence (brightness) decreases to below 100 microlamberts. The colors may be reversed if it increases the emergency illumination of the passenger compartment. However, the Administrator may authorize deviation from the 2-inch background requirements if he finds that special circumstances exist that make compliance impractical and that the proposed deviation provides an equivalent level of safety.


(ii) For a transport category airplane for which the application for the type certificate was filed on or after May 1, 1972, each passenger emergency exit marking and each locating sign must be manufactured to meet the interior emergency exit marking requirements under which the airplane was type certificated. On these airplanes, no sign may continue to be used if its luminescence (brightness) decreases to below 250 microlamberts.


(iii) For a nontransport category turbopropeller powered airplane type certificated after December 31, 1964, each passenger emergency exit marking and each locating sign must be manufactured to have white letters 1 inch high on a red background 2 inches high, be self-illuminated or independently, internally electrically illuminated, and have a minimum brightness of at least 160 microlamberts. The color may be reversed if the passenger compartment illumination is essentially the same. On these airplanes, no sign may continue to be used if its luminescence (brightness) decreases to below 100 microlamberts.


(c) Lighting for interior emergency exit markings. Except for nontransport category airplanes type certificated after December 31, 1964, each passenger-carrying airplane must have an emergency lighting system, independent of the main lighting system. However, sources of general cabin illumination may be common to both the emergency and the main lighting systems if the power supply to the emergency lighting system is independent of the power supply to the main lighting system.


The emergency lighting system must –


(1) Illuminate each passenger exit marking and locating sign;


(2) Provide enough general lighting in the passenger cabin so that the average illumination when measured at 40-inch intervals at seat armrest height, on the centerline of the main passenger aisle, is at least 0.05 foot-candles; and


(3) For airplanes type certificated after January 1, 1958, after November 26, 1986, include floor proximity emergency escape path marking which meets the requirements of § 25.812(e) of this chapter in effect on November 26, 1984.


(d) Emergency light operation. Except for lights forming part of emergency lighting subsystems provided in compliance with § 25.812(h) of this chapter (as prescribed in paragraph (h) of this section) that serve no more than one assist means, are independent of the airplane’s main emergency lighting systems, and are automatically activated when the assist means is deployed, each light required by paragraphs (c) and (h) of this section must comply with the following:


(1) Each light must –


(i) Be operable manually both from the flightcrew 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;


(ii) Have a means to prevent inadvertent operation of the manual controls; and


(iii) When armed or turned on at either station, remain lighted or become lighted upon interruption of the airplane’s normal electric power.


(2) Each light must be armed or turned on during taxiing, takeoff, and landing. In showing compliance with this paragraph a transverse vertical separation of the fuselage need not be considered.


(3) Each light must provide the required level of illumination for at least 10 minutes at the critical ambient conditions after emergency landing.


(4) Each light must have a cockpit control device that has an “on,” “off,” and “armed” position.


(e) Emergency exit operating handles. (1) For a passenger-carrying airplane for which the application for the type certificate was filed prior to May 1, 1972, the location of each passenger emergency exit operating handle, and instructions for opening the exit, must be shown by a marking on or near the exit that is readable from a distance of 30 inches. In addition, for each Type I and Type II emergency exit with a locking mechanism released by rotary motion of the handle, the instructions for opening must be shown by –


(i) A red arrow with a shaft at least three-fourths inch wide and a head twice the width of the shaft, extending along at least 70° of arc at a radius approximately equal to three-fourths of the handle length; and


(ii) The word “open” in red letters 1 inch high placed horizontally near the head of the arrow.


(2) For a passenger-carrying airplane for which the application for the type certificate was filed on or after May 1, 1972, the location of each passenger emergency exit operating handle and instructions for opening the exit must be shown in accordance with the requirements under which the airplane was type certificated. On these airplanes, no operating handle or operating handle cover may continue to be used if its luminescence (brightness) decreases to below 100 microlamberts.


(f) Emergency exit access. Access to emergency exits must be provided as follows for each passenger-carrying transport category airplane:


(1) Each passage way between individual passenger areas, or leading to a Type I or Type II emergency exit, must be unobstructed and at least 20 inches wide.


(2) For each Type I or Type II emergency exit equipped with an assist means, there must be enough space next to the exit to allow a crewmember to assist in the evacuation of passengers without reducing the unobstructed width of the passageway below that required in paragraph (f)(1) of this section. In addition, all airplanes manufactured on or after November 26, 2008 must comply with the provisions of §§ 25.813(b)(1), (b)(2), (b)(3) and (b)(4) in effect on November 26, 2004. However, a deviation from this requirement may be authorized for an airplane certificated under the provisions of part 4b of the Civil Air Regulations in effect before December 20, 1951, if the Administrator finds that special circumstances exist that provide an equivalent level of safety.


(3) There must be access from the main aisle to each Type III and Type IV exit. The access from the aisle to these exits must not be obstructed by seats, berths, or other protrusions in a manner that would reduce the effectiveness of the exit. In addition –


(i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the access must meet the requirements of § 25.813(c) of this chapter in effect on April 30, 1972; and


(ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972, the access must meet the emergency exit access requirements under which the airplane was type certificated; except that,


(iii) After December 3, 1992, the access for an airplane type certificated after January 1, 1958, must meet the requirements of § 25.813(c) of this chapter, effective June 3, 1992.


(iv) Contrary provisions of this section notwithstanding, the Director of the division of the Aircraft Certification Service responsible for the airworthiness rules may authorize deviation from the requirements of paragraph (f)(3)(iii) of this section if it is determined that special circumstances make compliance impractical. Such special circumstances include, but are not limited to, the following conditions when they preclude achieving compliance with § 25.813(c)(1)(i) or (ii) without a reduction in the total number of passenger seats: emergency exits located in close proximity to each other; fixed installations such as lavatories, galleys, etc.; permanently mounted bulkheads; an insufficient number of rows ahead of or behind the exit to enable compliance without a reduction in the seat row pitch of more than one inch; or an insufficient number of such rows to enable compliance without a reduction in the seat row pitch to less than 30 inches. A request for such grant of deviation must include credible reasons as to why literal compliance with § 25.813(c)(1)(i) or (ii) is impractical and a description of the steps taken to achieve a level of safety as close to that intended by § 25.813(c)(1)(i) or (ii) as is practical.


(v) The Director of the division of the Aircraft Certification Service responsible for the airworthiness rules may also authorize a compliance date later than December 3, 1992, if it is determined that special circumstances make compliance by that date impractical. A request for such grant of deviation must outline the airplanes for which compliance will be achieved by December 3, 1992, and include a proposed schedule for incremental compliance of the remaining airplanes in the operator’s fleet. In addition, the request must include credible reasons why compliance cannot be achieved earlier.


(4) If it is necessary to pass through a passageway between passenger compartments to reach any required emergency exit from any seat in the passenger cabin, the passageway must not be obstructed. However, curtains may be used if they allow free entry through the passageway.


(5) No door may be installed in any partition between passenger compartments.


(6) No person may operate an airplane manufactured after November 27, 2006, that incorporates a door installed between any passenger seat occupiable for takeoff and landing and any passenger emergency exit, such that the door crosses any egress path (including aisles, crossaisles and passageways).


(7) If it is necessary to pass through a doorway separating the passenger cabin from other areas to reach required emergency exit from any passenger seat, the door must have a means to latch it in open position, and the door must be latched open during each takeoff and landing. The latching means must be able to withstand the loads imposed upon it when the door is subjected to the ultimate inertia forces, relative to the surrounding structure, listed in § 25.561(b) of this chapter.


(g) Exterior exit markings. Each passenger emergency exit and the means of opening that exit from the outside must be marked on the outside of the airplane. There must be a 2-inch colored band outlining each passenger emergency exit on the side of the fuselage. Each outside marking, including the band, must be readily distinguishable from the surrounding fuselage area by contrast in color. The markings must comply with the following:


(1) If the reflectance of the darker color is 15 percent or less, the reflectance of the lighter color must be at least 45 percent.


(2) If the reflectance of the darker color is greater than 15 percent, at least a 30 percent difference between its reflectance and the reflectance of the lighter color must be provided.


(3) Exits that are not in the side of the fuselage must have the external means of opening and applicable instructions marked conspicuously in red or, if red is inconspicuous against the background color, in bright chrome yellow and, when the opening means for such an exit is located on only one side of the fuselage, a conspicuous marking to that effect must be provided on the other side. Reflectance is the ratio of the luminous flux reflected by a body to the luminous flux it receives.


(h) Exterior emergency lighting and escape route. (1) Except for nontransport category airplanes certificated after December 31, 1964, each passenger-carrying airplane must be equipped with exterior lighting that meets the following requirements:


(i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the requirements of § 25.812 (f) and (g) of this chapter in effect on April 30, 1972.


(ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972, the exterior emergency lighting requirements under which the airplane was type certificated.


(2) Each passenger-carrying airplane must be equipped with a slip-resistant escape route that meets the following requirements:


(i) For an airplane for which the application for the type certificate was filed prior to May 1, 1972, the requirements of § 25.803(e) of this chapter in effect on April 30, 1972.


(ii) For an airplane for which the application for the type certificate was filed on or after May 1, 1972, the slip-resistant escape route requirements under which the airplane was type certificated.


(i) Floor level exits. Each floor level door or exit in the side of the fuselage (other than those leading into a cargo or baggage compartment that is not accessible from the passenger cabin) that is 44 or more inches high and 20 or more inches wide, but not wider than 46 inches, each passenger ventral exit (except the ventral exits on M-404 and CV-240 airplanes), and each tail cone exit, must meet the requirements of this section for floor level emergency exits. However, the Administrator may grant a deviation from this paragraph if he finds that circumstances make full compliance impractical and that an acceptable level of safety has been achieved.


(j) Additional emergency exits. Approved emergency exits in the passenger compartments that are in excess of the minimum number of required emergency exits must meet all of the applicable provisions of this section except paragraphs (f)(1), (2), and (3) of this section and must be readily accessible.


(k) On each large passenger-carrying turbojet-powered airplane, each ventral exit and tailcone exit must be –


(1) Designed and constructed so that it cannot be opened during flight; and


(2) Marked with a placard readable from a distance of 30 inches and installed at a conspicuous location near the means of opening the exit, stating that the exit has been designed and constructed so that it cannot be opened during flight.


(l) Emergency exit features. (1) Each transport category airplane manufactured after November 26, 2007 must comply with the provisions of § 25.809(i) and


(2) After November 26, 2007 each transport category airplane must comply with the provisions of § 25.813(b)(6)(ii) in effect on November 26, 2007.


(m) Except for an airplane used in operations under this part on October 16, 1987, and having an emergency exit configuration installed and authorized for operation prior to October 16, 1987, for an airplane that is required to have more than one passenger emergency exit for each side of the fuselage, no passenger emergency exit shall be more than 60 feet from any adjacent passenger emergency exit on the same side of the same deck of the fuselage, as measured parallel to the airplane’s longitudinal axis between the nearest exit edges.


(n) Portable lights. No person may operate a passenger-carrying airplane unless it is equipped with flashlight stowage provisions accessible from each flight attendant seat.


[Doc. No. 2033, 30 FR 3205, Mar. 9, 1965]


Editorial Note:For Federal Register citations affecting § 121.310, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 121.311 Seats, safety belts, and shoulder harnesses.

(a) No person may operate an airplane unless there are available during the takeoff, en route flight, and landing –


(1) An approved seat or berth for each person on board the airplane who has reached his second birthday; and


(2) An approved safety belt for separate use by each person on board the airplane who has reached his second birthday, except that two persons occupying a berth may share one approved safety belt and two persons occupying a multiple lounge or divan seat may share one approved safety belt during en route flight only.


(b) Except as provided in this paragraph, each person on board an airplane operated under this part shall occupy an approved seat or berth with a separate safety belt properly secured about him or her during movement on the surface, takeoff, and landing. A safety belt provided for the occupant of a seat may not be used by more than one person who has reached his or her second birthday. Notwithstanding the preceding requirements, a child may:


(1) Be held by an adult who is occupying an approved seat or berth, provided the child has not reached his or her second birthday and the child does not occupy or use any restraining device; or


(2) Notwithstanding any other requirement of this chapter, occupy an approved child restraint system furnished by the certificate holder or one of the persons described in paragraph (b)(2)(i) of this section, provided:


(i) The child is accompanied by a parent, guardian, or attendant designated by the child’s parent or guardian to attend to the safety of the child during the flight;


(ii) Except as provided in paragraph (b)(2)(ii)(D) of this section, the approved child restraint system bears one or more labels as follows:


(A) Seats manufactured to U.S. standards between January 1, 1981, and February 25, 1985, must bear the label: “This child restraint system conforms to all applicable Federal motor vehicle safety standards.”


(B) Seats manufactured to U.S. standards on or after February 26, 1985, must bear two labels:


(1) “This child restraint system conforms to all applicable Federal motor vehicle safety standards”; and


(2) “THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT” in red lettering;


(C) Seats that do not qualify under paragraphs (B)(2)(ii)(A) and (b)(2)(ii)(B) of this section must bear a label or markings showing:


(1) That the seat was approved by a foreign government;


(2) That the seat was manufactured under the standards of the United Nations;


(3) That the seat or child restraint device furnished by the certificate holder was approved by the FAA through Type Certificate or Supplemental Type Certificate; or


(4) That the seat or child restraint device furnished by the certificate holder, or one of the persons described in paragraph (b)(2)(i) of this section, was approved by the FAA in accordance with § 21.8(d) of this chapter or Technical Standard Order C-100b, or a later version. The child restraint device manufactured by AmSafe, Inc. (CARES, Part No. 4082) and approved by the FAA in accordance with § 21.305(d) (2010 ed.) of this chapter may continue to bear a label or markings showing FAA approval in accordance with § 21.305(d) (2010 ed.) of this chapter.


(D) Except as provided in § 121.311(b)(2)(ii)(C)(3) and § 121.311(b)(2)(ii)(C)(4), booster-type child restraint systems (as defined in Federal Motor Vehicle Safety Standard No. 213 (49 CFR 571.213)), vest- and harness-type child restraint systems, and lap held child restraints are not approved for use in aircraft; and


(iii) The certificate holder complies with the following requirements:


(A) The restraint system must be properly secured to an approved forward-facing seat or berth;


(B) The child must be properly secured in the restraint system and must not exceed the specified weight limit for the restraint system; and


(C) The restraint system must bear the appropriate label(s).


(c) Except as provided in paragraph (c)(3) of this section, the following prohibitions apply to certificate holders:


(1) Except as provided in § 121.311(b)(2)(ii)(C)(3) and § 121.311(b)(2)(ii)(C)(4), no certificate holder may permit a child, in an aircraft, to occupy a booster-type child restraint system, a vest-type child restraint system, a harness-type child restraint system, or a lap held child restraint system during take off, landing, and movement on the surface.


(2) Except as required in paragraph (c)(1) of this section, no certificate holder may prohibit a child, if requested by the child’s parent, guardian, or designated attendant, from occupying a child restraint system furnished by the child’s parent, guardian, or designated attendant provided –


(i) The child holds a ticket for an approved seat or berth or such seat or berth is otherwise made available by the certificate holder for the child’s use;


(ii) The requirements of paragraph (b)(2)(i) of this section are met;


(iii) The requirements of paragraph (b)(2)(iii) of this section are met; and


(iv) The child restraint system has one or more of the labels described in paragraphs (b)(2)(ii)(A) through (b)(2)(ii)(C) of this section.


(3) This section does not prohibit the certificate holder from providing child restraint systems authorized by this section or, consistent with safe operating practices, determining the most appropriate passenger seat location for the child restraint system.


(d) Each sideward facing seat must comply with the applicable requirements of § 25.785(c) of this chapter.


(e) Except as provided in paragraphs (e)(1) through (e)(3) of this section, no certificate holder may take off or land an airplane unless each passenger seat back is in the upright position. Each passenger shall comply with instructions given by a crewmember in compliance with this paragraph.


(1) This paragraph does not apply to seat backs placed in other than the upright position in compliance with § 121.310(f)(3).


(2) This paragraph does not apply to seats on which cargo or persons who are unable to sit erect for a medical reason are carried in accordance with procedures in the certificate holder’s manual if the seat back does not obstruct any passenger’s access to the aisle or to any emergency exit.


(3) On airplanes with no flight attendant, the certificate holder may take off or land as long as the flightcrew instructs each passenger to place his or her seat back in the upright position for takeoff and landing.


(f) No person may operate a transport category airplane that was type certificated after January 1, 1958, or a nontransport category airplane manufactured after March 20, 1997, unless it is equipped at each flight deck station with a combined safety belt and shoulder harness that meets the applicable requirements specified in § 25.785 of this chapter, effective March 6, 1980, except that –


(1) Shoulder harnesses and combined safety belt and shoulder harnesses that were approved and installed before March 6, 1980, may continue to be used; and


(2) Safety belt and shoulder harness restraint systems may be designed to the inertia load factors established under the certification basis of the airplane.


(g) Each flight attendant must have a seat for takeoff and landing in the passenger compartment that meets the requirements of § 25.785 of this chapter, effective March 6, 1980, except that –


(1) Combined safety belt and shoulder harnesses that were approved and installed before March, 6, 1980, may continue to be used; and


(2) Safety belt and shoulder harness restraint systems may be designed to the inertia load factors established under the certification basis of the airplane.


(3) The requirements of § 25.785(h) do not apply to passenger seats occupied by flight attendants not required by § 121.391.


(h) Each occupant of a seat equipped with a shoulder harness or with a combined safety belt and shoulder harness must have the shoulder harness or combined safety belt and shoulder harness properly secured about that occupant during takeoff and landing, except that a shoulder harness that is not combined with a safety belt may be unfastened if the occupant cannot perform the required duties with the shoulder harness fastened.


(i) At each unoccupied seat, the safety belt and shoulder harness, if installed, must be secured so as not to interfere with crewmembers in the performance of their duties or with the rapid egress of occupants in an emergency.


(j) After October 27, 2009, no person may operate a transport category airplane type certificated after January 1, 1958 and manufactured on or after October 27, 2009 in passenger-carrying operations under this part unless all passenger and flight attendant seats on the airplane meet the requirements of § 25.562 in effect on or after June 16, 1988.


(k) Seat dimension disclosure. (1) Each air carrier that conducts operations under this part and that has a Web site must make available on its Web site the width of the narrowest and widest passenger seats in each class of service for each airplane make, model and series operated by that air carrier in passenger-carrying operations.


(2) For purposes of paragraph (k)(1) of this section, the width of a passenger seat means the distance between the inside of the armrests for that seat.


[Doc. No. 7522, 32 FR 13267, Sept. 20, 1967]


Editorial Note:For Federal Register citations affecting § 121.311, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 121.312 Materials for compartment interiors.

(a) All interior materials; transport category airplanes and nontransport category airplanes type certificated before January 1, 1965. Except for the materials covered by paragraph (b) of this section, all materials in each compartment of a transport category airplane, or a nontransport category airplane type certificated before January 1, 1965, used by the crewmembers and passengers, must meet the requirements of § 25.853 of this chapter in effect as follows, or later amendment thereto:


(1) Airplane with passenger seating capacity of 20 or more – (i) Manufactured after August 19, 1988, but prior to August 20, 1990. Except as provided in paragraph (a)(3)(ii) of this section, each airplane with a passenger capacity of 20 or more and manufactured after August 19, 1988, but prior to August 20, 1990, must comply with the heat release rate testing provisions of § 25.853(d) in effect March 6, 1995 (formerly § 25.853(a-1) in effect on August 20, 1986) (see App. L of this part), except that the total heat release over the first 2 minutes of sample exposure must not exceed 100 kilowatt minutes per square meter and the peak heat release rate must not exceed 100 kilowatts per square meter.


(ii) Manufactured after August 19, 1990. Each airplane with a passenger capacity of 20 or more and manufactured after August 19, 1990, must comply with the heat release rate and smoke testing provisions of § 25.853(d) in effect March 6, 1995 (formerly § 25.853(a-1)(see app. L of this part) in effect on September 26, 1988).


(2) Substantially complete replacement of the cabin interior on or after May 1, 1972 – (i) Airplane for which the application for type certificate was filed prior to May 1, 1972. Except as provided in paragraph (a)(3)(i) or (a)(3)(ii) of this section, each airplane for which the application for type certificate was filed prior to May 1, 1972, must comply with the provisions of § 25.853 in effect on April 30, 1972, regardless of passenger capacity, if there is a substantially complete replacement of the cabin interior after April 30, 1972.


(ii) Airplane for which the application for type certificate was filed on or after May 1, 1972. Except as provided in paragraph (a)(3)(i) or (a)(3)(ii) of this section, each airplane for which the application for type certificate was filed on or after May 1, 1972, must comply with the material requirements under which the airplane was type certificated, regardless of passenger capacity, if there is a substantially complete replacement of the cabin interior on or after that date.


(3) Airplane type certificated after January 1, 1958, with passenger capacity of 20 or more – (i) Substantially complete replacement of the cabin interior on or after March 6, 1995. Except as provided in paragraph (a)(3)(ii) of this section, each airplane that was type certificated after January 1, 1958, and has a passenger capacity of 20 or more, must comply with the heat release rate testing provisions of § 25.853(d) in effect March 6, 1995 (formerly § 25.853(a-1) in effect on August 20, 1986)(see app. L of this part), if there is a substantially complete replacement of the cabin interior components identified in § 25.853(d), on or after that date, except that the total heat release over the first 2 minutes of sample exposure shall not exceed 100 kilowatt-minutes per square meter and the peak heat release rate must not exceed 100 kilowatts per square meter.


(ii) Substantially complete replacement of the cabin interior on or after August 20, 1990. Each airplane that was type certificated after January 1, 1958, and has a passenger capacity of 20 or more, must comply with the heat release rate and smoke testing provisions of § 25.853(d) in effect March 6, 1995 (formerly § 25.853(a-1) in effect on September 26, 1988)(see app. L of this part), if there is a substantially complete replacement of the cabin interior components identified in § 25.853(d), on or after August 20, 1990.


(4) Contrary provisions of this section notwithstanding, the Director of the division of the Aircraft Certification Service responsible for the airworthiness rules may authorize deviation from the requirements of paragraph (a)(1)(i), (a)(1)(ii), (a)(3)(i), or (a)(3)(ii) of this section for specific components of the cabin interior that do not meet applicable flammability and smoke emission requirements, if the determination is made that special circumstances exist that make compliance impractical. Such grants of deviation will be limited to those airplanes manufactured within 1 year after the applicable date specified in this section and those airplanes in which the interior is replaced within 1 year of that date. A request for such grant of deviation must include a thorough and accurate analysis of each component subject to § 25.853(a-1), the steps being taken to achieve compliance, and, for the few components for which timely compliance will not be achieved, credible reasons for such noncompliance.


(5) Contrary provisions of this section notwithstanding, galley carts and galley standard containers that do not meet the flammability and smoke emission requirements of § 25.853(d) in effect March 6, 1995 (formerly § 25.853(a-1)) (see app. L of this part) may be used in airplanes that must meet the requirements of paragraphs (a)(1)(i), (a)(1)(ii), (a)(3)(i), or (a)(3)(ii) of this section, provided the galley carts or standard containers were manufactured prior to March 6, 1995.


(b) Seat cushions. Seat cushions, except those on flight crewmember seats, in each compartment occupied by crew or passengers, must comply with the requirements pertaining to seat cushions in § 25.853(c) effective on November 26, 1984, on each airplane as follows:


(1) Each transport category airplane type certificated after January 1, 1958; and


(2) On or after December 20, 2010, each nontransport category airplane type certificated after December 31, 1964.


(c) All interior materials; airplanes type certificated in accordance with SFAR No. 41 of 14 CFR part 21. No person may operate an airplane that conforms to an amended or supplemental type certificate issued in accordance with SFAR No. 41 of 14 CFR part 21 for a maximum certificated takeoff weight in excess of 12,500 pounds unless the airplane meets the compartment interior requirements set forth in § 25.853(a) in effect March 6, 1995 (formerly § 25.853(a), (b), (b-1), (b-2), and (b-3) of this chapter in effect on September 26, 1978)(see app. L of this part).


(d) All interior materials; other airplanes. For each material or seat cushion to which a requirement in paragraphs (a), (b), or (c) of this section does not apply, the material and seat cushion in each compartment used by the crewmembers and passengers must meet the applicable requirement under which the airplane was type certificated.


(e) Thermal/acoustic insulation materials. For transport category airplanes type certificated after January 1, 1958:


(1) For airplanes manufactured before September 2, 2005, when thermal/acoustic insulation is installed in the fuselage as replacements after September 2, 2005, the insulation must meet the flame propagation requirements of § 25.856 of this chapter, effective September 2, 2003, if it is:


(i) Of a blanket construction or


(ii) Installed around air ducting.


(2) For airplanes manufactured after September 2, 2005, thermal/acoustic insulation materials installed in the fuselage must meet the flame propagation requirements of § 25.856 of this chapter, effective September 2, 2003.


(3) For airplanes with a passenger capacity of 20 or greater, manufactured after September 2, 2009, thermal/acoustic insulation materials installed in the lower half of the fuselage must meet the flame penetration resistance requirements of § 25.856 of this chapter, effective September 2, 2003.


[Doc. No. 28154, 60 FR 65930, Dec. 20, 1995, as amended by Amdt. 121-301, 68 FR 45083, July 31, 2003; Amdt. 121-320, 70 FR 77752, Dec. 30, 2005; Amdt. 121-330, 72 FR 1442, Jan. 12, 2007; Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]


§ 121.313 Miscellaneous equipment.

No person may conduct any operation unless the following equipment is installed in the airplane:


(a) If protective fuses are installed on an airplane, the number of spare fuses approved for that airplane and appropriately described in the certificate holder’s manual.


(b) A windshield wiper or equivalent for each pilot station.


(c) A power supply and distribution system that meets the requirements of §§ 25.1309, 25.1331, 25.1351(a) and (b)(1) through (4), 25.1353, 25.1355, and 25.1431(b) or that is able to produce and distribute the load for the required instruments and equipment, with use of an external power supply if any one power source or component of the power distribution system fails. The use of common elements in the system may be approved if the Administrator finds that they are designed to be reasonably protected against malfunctioning. Engine-driven sources of energy, when used, must be on separate engines.


(d) A means for indicating the adequacy of the power being supplied to required flight instruments.


(e) Two independent static pressure systems, vented to the outside atmospheric pressure so that they will be least affected by air flow variation or moisture or other foreign matter, and installed so as to be airtight except for the vent. When a means is provided for transferring an instrument from its primary operating system to an alternate system, the means must include a positive positioning control and must be marked to indicate clearly which system is being used.


(f) A door between the passenger and pilot compartments (i.e., flightdeck door), 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, are not required to comply with this paragraph. For airplanes equipped with a crew rest area having separate entries from the flightdeck and the passenger compartment, a door with such a locking means must be provided between the crew rest area and the passenger compartment.


(g) A key for each door that separates a passenger compartment from another compartment that has emergency exit provisions. Except for flightdeck doors, a key must be readily available for each crewmember. Except as provided below, no person other than a person who is assigned to perform duty on the flightdeck may have a key to the flightdeck door. Before April 22, 2003, any crewmember may have a key to the flightdeck door but only if the flightdeck door has an internal flightdeck locking device installed, operative, and in use. Such “internal flightdeck locking device” has to be designed so that it can only be unlocked from inside the flightdeck.


(h) A placard on each door that is the means of access to a required passenger emergency exit, to indicate that it must be open during takeoff and landing.


(i) A means for the crew, in an emergency to unlock each door that leads to a compartment that is normally accessible to passengers and that can be locked by passengers.


(j) After April 9, 2003, for airplanes required by paragraph (f) of this section to have a door between the passenger and pilot or crew rest compartments, and for transport category, all-cargo airplanes that have a door installed between the pilot compartment and any other occupied compartment on January 15, 2002;


(1) After April 9, 2003, for airplanes required by paragraph (f) of this section to have a door between the passenger and pilot or crew rest compartments,


(i) Each such door must meet the requirements of § 25.795(a)(1) and (2) in effect on January 15, 2002; and


(ii) Each operator must establish methods to enable a flight attendant to enter the pilot compartment in the event that a flightcrew member becomes incapacitated. Any associated signal or confirmation system must be operable by each flightcrew member from that flightcrew member’s duty station.


(2) After October 1, 2003, for transport category, all-cargo airplanes that had a door installed between the pilot compartment and any other occupied compartment on or after January 15, 2002, each such door must meet the requirements of § 25.795(a)(1) and (2) in effect on January 15, 2002; or the operator must implement a security program approved by the Transportation Security Administration (TSA) for the operation of all airplanes in that operator’s fleet.


(k) Except for all-cargo operations as defined in § 110.2 of this chapter, for all passenger-carrying airplanes that require a lockable flightdeck door in accordance with paragraph (f) of this section, a means to monitor from the flightdeck side of the door the area outside the flightdeck door to identify persons requesting entry and to detect suspicious behavior and potential threats.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-5, 30 FR 6113, Apr. 30, 1965; Amdt. 121-251, 60 FR 65931, Dec. 20, 1995; Amdt. 121-288, 67 FR 2127, Jan. 15, 2002; Amdt. 121-299, 68 FR 42881, July 18, 2003; Amdt. 121-334, 72 FR 45635, Aug. 15, 2007; Amdt. 121-353, 76 FR 7488, Feb. 10, 2011]


§ 121.314 Cargo and baggage compartments.

For each transport category airplane type certificated after January 1, 1958:


(a) Each Class C or Class D compartment, as defined in § 25.857 of this Chapter in effect on June 16, 1986 (see Appendix L to this part), that is greater than 200 cubic feet in volume must have ceiling and sidewall liner panels which are constructed of:


(1) Glass fiber reinforced resin;


(2) Materials which meet the test requirements of part 25, appendix F, part III of this chapter; or


(3) In the case of liner installations approved prior to March 20, 1989, aluminum.


(b) For compliance with paragraph (a) of this section, the term “liner” includes any design feature, such as a joint or fastener, which would affect the capability of the liner to safely contain a fire.


(c) After March 19, 2001, each Class D compartment, regardless of volume, must meet the standards of §§ 25.857(c) and 25.858 of this Chapter for a Class C compartment unless the operation is an all-cargo operation in which case each Class D compartment may meet the standards in § 25.857(e) for a Class E compartment.


(d) Reports of conversions and retrofits. (1) Until such time as all Class D compartments in aircraft operated under this part by the certificate have been converted or retrofitted with appropriate detection and suppression systems, each certificate holder must submit written progress reports to the FAA that contain the information specified below.


(i) The serial number of each airplane listed in the operations specifications issued to the certificate holder for operation under this part in which all Class D compartments have been converted to Class C or Class E compartments;


(ii) The serial number of each airplane listed in the operations specification issued to the certificate holder for operation under this part, in which all Class D compartments have been retrofitted to meet the fire detection and suppression requirements for Class C or the fire detection requirements for Class E; and


(iii) The serial number of each airplane listed in the operations specifications issued to the certificate holder for operation under this part that has at least one Class D compartment that has not been converted or retrofitted.


(2) The written report must be submitted to the responsible Flight Standards office by July 1, 1998, and at each three-month interval thereafter.


[Doc. No. 28937, 63 FR 8049, Feb. 17, 1998, as amended by Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]


§ 121.315 Cockpit check procedure.

(a) Each certificate holder shall provide an approved cockpit check procedure for each type of aircraft.


(b) The approved procedures must include each item necessary for flight crewmembers to check for safety before starting engines, taking off, or landing, and in engine and systems emergencies. The procedures must be designed so that a flight crewmember will not need to rely upon his memory for items to be checked.


(c) The approved procedures must be readily usable in the cockpit of each aircraft and the flight crew shall follow them when operating the aircraft.


§ 121.316 Fuel tanks.

Each turbine powered transport category airplane operated after October 30, 1991, must meet the requirements of § 25.963(e) of this chapter in effect on October 30, 1989.


[Doc. No. 25614, 54 FR 40354, Sept. 29, 1989]


§ 121.317 Passenger information requirements, smoking prohibitions, and additional seat belt requirements.

(a) Except as provided in paragraph (l) of this section, no person may operate an airplane unless it is equipped with passenger information signs that meet the requirements of § 25.791 of this chapter. Except as provided in paragraph (l) of this section, the signs must be constructed so that the crewmembers can turn them on and off.


(b) Except as provided in paragraph (l) of this section, the “Fasten Seat Belt” sign shall be turned on during any movement on the surface, for each takeoff, for each landing, and at any other time considered necessary by the pilot in command.


(c) No person may operate an airplane on a flight on which smoking is prohibited by part 252 of this title unless either the “No Smoking” passenger information signs are lighted during the entire flight, or one or more “No Smoking” placards meeting the requirements of § 25.1541 of this chapter are posted during the entire flight segment. If both the lighted signs and the placards are used, the signs must remain lighted during the entire flight segment.


(d) No person may operate a passenger-carrying airplane under this part unless at least one legible sign or placard that reads “Fasten Seat Belt While Seated” is visible from each passenger seat. These signs or placards need not meet the requirements of paragraph (a) of this section.


(e) No person may operate an airplane unless there is installed in each lavatory a sign or placard that reads: “Federal law provides for a penalty of up to $2,000 for tampering with the smoke detector installed in this lavatory.” These signs or placards need not meet the requirements of paragraph (a) of this section.


(f) Each passenger required by § 121.311(b) to occupy a seat or berth shall fasten his or her safety belt about him or her and keep it fastened while the “Fasten Seat Belt” sign is lighted.


(g) No person may smoke while a “No Smoking” sign is lighted or while “No Smoking” placards are posted, except as follows:


(1) Supplemental operations. The pilot in command of an airplane engaged in a supplemental operation may authorize smoking on the flight deck (if it is physically separated from any passenger compartment), but not in any of the following situations:


(i) During airplane movement on the surface or during takeoff or landing;


(ii) During scheduled passenger-carrying public charter operations conducted under part 380 of this title; or


(iii) During any operation where smoking is prohibited by part 252 of this title or by international agreement.


(2) Certain intrastate domestic operations. Except during airplane movement on the surface or during takeoff or landing, a pilot in command of an airplane engaged in a domestic operation may authorize smoking on the flight deck (if it is physically separated from the passenger compartment) if –


(i) Smoking on the flight deck is not otherwise prohibited by part 252 of this title;


(ii) The flight is conducted entirely within the same State of the United States (a flight from one place in Hawaii to another place in Hawaii through the airspace over a place outside of Hawaii is not entirely within the same State); and


(iii) The airplane is either not turbojet-powered or the airplane is not capable of carrying at least 30 passengers.


(h) No person may smoke in any airplane lavatory.


(i) No person may tamper with, disable, or destroy any smoke detector installed in any airplane lavatory.


(j) On flight segments other than those described in paragraph (c) of this section, the “No Smoking” sign must be turned on during any movement on the surface, for each takeoff, for each landing, and at any other time considered necessary by the pilot in command.


(k) Each passenger shall comply with instructions given him or her by a crewmember regarding compliance with paragraphs (f), (g), (h), and (l) of this section.


(l) A certificate holder may operate a nontransport category airplane type certificated after December 31, 1964, that is manufactured before December 20, 1997, if it is equipped with at least one placard that is legible to each person seated in the cabin that states “Fasten Seat Belt,” and if, during any movement on the surface, for each takeoff, for each landing, and at any other time considered necessary by the pilot in command, a crewmember orally instructs the passengers to fasten their seat belts.


[Doc. No. 25590, 53 FR 12361, Apr. 13, 1988, as amended by Amdt. 121-196, 53 FR 44182, Nov. 2, 1988; Amdt. 121-213, 55 FR 8367, Mar. 7, 1990; Amdt. 121-230, 57 FR 42673, Sept. 15, 1992; Amdt. 121-251, 60 FR 65931, Dec. 20, 1995; Amdt. 121-256, 61 FR 30434, June 14, 1996; Amdt. 121-277, 65 FR 36779, June 9, 2000]


§ 121.318 Public address system.

No person may operate an airplane with a seating capacity of more than 19 passengers unless it is equipped with a public address system which –


(a) Is capable of operation independent of the crewmember interphone system required by § 121.319, except for handsets, headsets, microphones, selector switches, and signaling devices;


(b) Is approved in accordance with § 21.305 of this chapter;


(c) Is accessible for immediate use from each of two flight crewmember stations in the pilot compartment;


(d) For each required floor-level passenger emergency exit which has an adjacent flight attendant seat, has a microphone which is readily accessible to the seated flight attendant, except that one microphone may serve more than one exit, provided the proximity of the exits allows unassisted verbal communication between seated flight attendants;


(e) Is capable of operation within 10 seconds by a flight attendant at each of those stations in the passenger compartment from which its use is accessible;


(f) Is audible at all passenger seats, lavatories, and flight attendant seats and work stations; and


(g) For transport category airplanes manufactured on or after November 27, 1990, meets the requirements of § 25.1423 of this chapter.


[Doc. No. 24995, 54 FR 43926, Oct. 27, 1989]


§ 121.319 Crewmember interphone system.

(a) No person may operate an airplane with a seating capacity of more than 19 passengers unless the airplane is equipped with a crewmember interphone system that:


(1) [Reserved]


(2) Is capable of operation independent of the public address system required by § 121.318(a) except for handsets, headsets, microphones, selector switches, and signaling devices; and


(3) Meets the requirements of paragraph (b) of this section.


(b) The crewmember interphone system required by paragraph (a) of this section must be approved in accordance with § 21.305 of this chapter and meet the following requirements:


(1) It must provide a means of two-way communication between the pilot compartment and –


(i) Each passenger compartment; and


(ii) Each galley located on other than the main passenger deck level.


(2) It must be accessible for immediate use from each of two flight crewmember stations in the pilot compartment;


(3) It must be accessible for use from at least one normal flight attendant station in each passenger compartment;


(4) It must be capable of operation within 10 seconds by a flight attendant at those stations in each passenger compartment from which its use is accessible; and


(5) For large turbojet-powered airplanes:


(i) It must be accessible for use at enough flight attendant stations so that all floor-level emergency exits (or entryways to those exits in the case of exits located within galleys) in each passenger compartment are observable from one or more of those stations so equipped;


(ii) It must have an alerting system incorporating aural or visual signals for use by flight crewmembers to alert flight attendants and for use by flight attendants to alert flight crewmembers;


(iii) The alerting system required by paragraph (b)(5)(ii) of this section must have a means for the recipient of a call to determine whether it is a normal call or an emergency call; and


(iv) When the airplane is on the ground, it must provide a means of two-way communication between ground personnel and either of at least two flight crewmembers in the pilot compartment. The interphone system station for use by ground personnel must be so located that personnel using the system may avoid visible detection from within the airplane.


[Doc. No. 10865, 38 FR 21494, Aug. 9, 1973, as amended by Amdt. 121-121, 40 FR 42186, Sept. 11, 1975; Amdt. 121-149, 43 FR 50602, Oct. 30, 1978; Amdt. 121-178, 47 FR 13316, Mar. 29, 1982; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996]


§ 121.321 Operations in icing.

After October 21, 2013, no person may operate an airplane with a certificated maximum takeoff weight less than 60,000 pounds in conditions conducive to airframe icing unless it complies with this section. As used in this section, the phrase “conditions conducive to airframe icing” means visible moisture at or below a static air temperature of 5 °C or a total air temperature of 10 °C, unless the approved Airplane Flight Manual provides another definition.


(a) When operating in conditions conducive to airframe icing, compliance must be shown with paragraph (a)(1), or (2), or (3) of this section.


(1) The airplane must be equipped with a certificated primary airframe ice detection system.


(i) The airframe ice protection system must be activated automatically, or manually by the flightcrew, when the primary ice detection system indicates activation is necessary.


(ii) When the airframe ice protection system is activated, any other procedures in the Airplane Flight Manual for operating in icing conditions must be initiated.


(2) Visual cues of the first sign of ice formation anywhere on the airplane and a certificated advisory airframe ice detection system must be provided.


(i) The airframe ice protection system must be activated when any of the visual cues are observed or when the advisory airframe ice detection system indicates activation is necessary, whichever occurs first.


(ii) When the airframe ice protection system is activated, any other procedures in the Airplane Flight Manual for operating in icing conditions must be initiated.


(3) If the airplane is not equipped to comply with the provisions of paragraph (a)(1) or (2) of this section, then the following apply:


(i) When operating in conditions conducive to airframe icing, the airframe ice protection system must be activated prior to, and operated during, the following phases of flight:


(A) Takeoff climb after second segment,


(B) En route climb,


(C) Go-around climb,


(D) Holding,


(E) Maneuvering for approach and landing, and


(F) Any other operation at approach or holding airspeeds.


(ii) During any other phase of flight, the airframe ice protection system must be activated and operated at the first sign of ice formation anywhere on the airplane, unless the Airplane Flight Manual specifies that the airframe ice protection system should not be used or provides other operational instructions.


(iii) Any additional procedures for operation in conditions conducive to icing specified in the Airplane Flight Manual or in the manual required by § 121.133 must be initiated.


(b) If the procedures specified in paragraph (a)(3)(i) of this section are specifically prohibited in the Airplane Flight Manual, compliance must be shown with the requirements of paragraph (a)(1) or (2) of this section.


(c) Procedures necessary for safe operation of the airframe ice protection system must be established and documented in:


(1) The Airplane Flight Manual for airplanes that comply with paragraph (a)(1) or (2) of this section, or


(2) The Airplane Flight Manual or in the manual required by § 121.133 for airplanes that comply with paragraph (a)(3) of this section.


(d) Procedures for operation of the airframe ice protection system must include initial activation, operation after initial activation, and deactivation. Procedures for operation after initial activation of the ice protection system must address –


(1) Continuous operation,


(2) Automatic cycling,


(3) Manual cycling if the airplane is equipped with an ice detection system that alerts the flightcrew each time the ice protection system must be cycled, or


(4) Manual cycling based on a time interval if the airplane type is not equipped with features necessary to implement (d)(1)-(3) of this section.


(e) System installations used to comply with paragraph (a)(1) or (a)(2) of this section must be approved through an amended or supplemental type certificate in accordance with part 21 of this chapter.


[Doc. No. FAA-2009-0675, 78 FR 15876, Mar. 13, 2013]


§ 121.323 Instruments and equipment for operations at night.

No person may operate an airplane at night under this part unless it is equipped with the following instruments and equipment in addition to those required by §§ 121.305 through 121.321 and 121.803:


(a) Position lights.


(b) An anti-collision light.


(c) Two landing lights, except that only one landing light is required for nontransport category airplanes type certificated after December 31, 1964.


(d) Instrument lights providing enough light to make each required instrument, switch, or similar instrument, easily readable and installed so that the direct rays are shielded from the flight crewmembers’ eyes and that no objectionable reflections are visible to them. There must be a means of controlling the intensity of illumination unless it is shown that nondimming instrument lights are satisfactory.


(e) An airspeed-indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to icing.


(f) A sensitive altimeter.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-251, 60 FR 65932, Dec. 20, 1995; Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]


§ 121.325 Instruments and equipment for operations under IFR or over-the-top.

No person may operate an airplane under IFR or over-the-top conditions under this part unless it is equipped with the following instruments and equipment, in addition to those required by §§ 121.305 through 121.321 and 121.803:


(a) An airspeed indicating system with heated pitot tube or equivalent means for preventing malfunctioning due to icing.


(b) A sensitive altimeter.


(c) Instrument lights providing enough light to make each required instrument, switch, or similar instrument, easily readable and so installed that the direct rays are shielded from the flight crewmembers’ eyes and that no objectionable reflections are visible to them, and a means of controlling the intensity of illumination unless it is shown that nondimming instrument lights are satisfactory.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended at Amdt. 121-281, 66 FR 19043, Apr. 12, 2001]


§ 121.327 Supplemental oxygen: Reciprocating engine powered airplanes.

(a) General. Except where supplemental oxygen is provided in accordance with § 121.331, no person may operate an airplane unless supplemental oxygen is furnished and used as set forth in paragraphs (b) and (c) of this section. The amount of supplemental oxygen required for a particular operation is determined on the basis of flight altitudes and flight duration, consistent with the operation procedures established for each operation and route.


(b) Crewmembers. (1) At cabin pressure altitudes above 10,000 feet up to and including 12,000 feet, oxygen must be provided for, and used by, each member of the flight crew on flight deck duty, and must be provided for other crewmembers, for that part of the flight at those altitudes that is of more than 30 minutes duration.


(2) At cabin pressure altitudes above 12,000 feet, oxygen must be provided for, and used by, each member of the flight crew on flight deck duty, and must be provided for other crewmembers, during the entire flight time at those altitudes.


(3) When a flight crewmember is required to use oxygen, he must use it continuously, except when necessary to remove the oxygen mask or other dispenser in connection with his regular duties. Standby crewmembers who are on call or are definitely going to have flight deck duty before completing the flight must be provided with an amount of supplemental oxygen equal to that provided for crewmembers on duty other than on flight deck duty. If a standby crewmember is not on call and will not be on flight deck duty during the remainder of the flight, he is considered to be a passenger for the purposes of supplemental oxygen requirements.


(c) Passengers. Each certificate holder shall provide a supply of oxygen, approved for passenger safety, in accordance with the following:


(1) For flights of more than 30 minutes duration at cabin pressure altitudes above 8,000 feet up to and including 14,000 feet, enough oxygen for 30 minutes for 10 percent of the passengers.


(2) For flights at cabin pressure altitudes above 14,000 feet up to and including 15,000 feet, enough oxygen for that part of the flight at those altitudes for 30 percent of the passengers.


(3) For flights at cabin pressure altitudes above 15,000 feet, enough oxygen for each passenger carried during the entire flight at those altitudes.


(d) For the purposes of this subpart cabin pressure altitude means the pressure altitude corresponding with the pressure in the cabin of the airplane, and flight altitude means the altitude above sea level at which the airplane is operated. For airplanes without pressurized cabins, “cabin pressure altitude” and “flight altitude” mean the same thing.


§ 121.329 Supplemental oxygen for sustenance: Turbine engine powered airplanes.

(a) General. When operating a turbine engine powered airplane, each certificate holder shall equip the airplane with sustaining oxygen and dispensing equipment for use as set forth in this section:


(1) The amount of oxygen provided must be at least the quantity necessary to comply with paragraphs (b) and (c) of this section.


(2) The amount of sustaining and first-aid oxygen required for a particular operation to comply with the rules in this part is determined on the basis of cabin pressure altitudes and flight duration, consistent with the operating procedures established for each operation and route.


(3) The requirements for airplanes with pressurized cabins are determined on the basis of cabin pressure altitude and the assumption that a cabin pressurization failure will occur at the altitude or point of flight that is most critical from the standpoint of oxygen need, and that after the failure the airplane will descend in accordance with the emergency procedures specified in the Airplane Flight Manual, without exceeding its operating limitations, to a flight altitude that will allow successful termination of the flight.


(4) Following the failure, the cabin pressure altitude is considered to be the same as the flight altitude unless it is shown that no probable failure of the cabin or pressurization equipment will result in a cabin pressure altitude equal to the flight altitude. Under those circumstances, the maximum cabin pressure altitude attained may be used as a basis for certification or determination of oxygen supply, or both.


(b) Crewmembers. Each certificate holder shall provide a supply of oxygen for crewmembers in accordance with the following:


(1) At cabin pressure altitudes above 10,000 feet, up to and including 12,000 feet, oxygen must be provided for and used by each member of the flight crew on flight deck duty and must be provided for other crewmembers for that part of the flight at those altitudes that is of more than 30 minutes duration.


(2) At cabin pressure altitudes above 12,000 feet, oxygen must be provided for, and used by, each member of the flight crew on flight deck duty, and must be provided for other crewmembers during the entire flight at those altitudes.


(3) When a flight crewmember is required to use oxygen, he must use it continuously except when necessary to remove the oxygen mask or other dispenser in connection with his regular duties. Standby crewmembers who are on call or are definitely going to have flight deck duty before completing the flight must be provided with an amount of supplemental oxygen equal to that provided for crewmembers on duty other than on flight duty. If a standby crewmember is not on call and will not be on flight deck duty during the remainder of the flight, he is considered to be a passenger for the purposes of supplemental oxygen requirements.


(c) Passengers. Each certificate holder shall provide a supply of oxygen for passengers in accordance with the following:


(1) For flights at cabin pressure altitudes above 10,000 feet, up to and including 14,000 feet, enough oxygen for that part of the flight at those altitudes that is of more than 30 minutes duration, for 10 percent of the passengers.


(2) For flights at cabin pressure altitudes above 14,000 feet, up to and including 15,000 feet, enough oxygen for that part of the flight at those altitudes for 30 percent of the passengers.


(3) For flights at cabin pressure altitudes above 15,000 feet, enough oxygen for each passenger carried during the entire flight at those altitudes.


§ 121.331 Supplemental oxygen requirements for pressurized cabin airplanes: Reciprocating engine powered airplanes.

(a) When operating a reciprocating engine powered airplane pressurized cabin, each certificate holder shall equip the airplane to comply with paragraphs (b) through (d) of this section in the event of cabin pressurization failure.


(b) For crewmembers. When operating at flight altitudes above 10,000 feet, the certificate holder shall provide enough oxygen for each crewmember for the entire flight at those altitudes and not less than a two-hour supply for each flight crewmember on flight deck duty. The required two hours supply is that quantity of oxygen necessary for a constant rate of descent from the airplane’s maximum certificated operating altitude to 10,000 feet in ten minutes and followed by 110 minutes at 10,000 feet. The oxygen required by § 121.337 may be considered in determining the supplemental breathing supply required for flight crewmembers on flight deck duty in the event of cabin pressurization failure.


(c) For passengers. When operating at flight altitudes above 8,000 feet, the certificate holder shall provide oxygen as follows:


(1) When an airplane is not flown at a flight altitude above flight level 250, enough oxygen for 30 minutes for 10 percent of the passengers, if at any point along the route to be flown the airplane can safely descend to a flight altitude of 14,000 feet or less within four minutes.


(2) If the airplane cannot descend to a flight altitude of 14,000 feet or less within four minutes, the following supply of oxygen must be provided:


(i) For that part of the flight that is more than four minutes duration at flight altitudes above 15,000 feet, the supply required by § 121.327(c)(3).


(ii) For that part of the flight at flight altitudes above 14,000 feet, up to and including 15,000 feet, the supply required by § 121.327(c)(2).


(iii) For flight at flight altitudes above 8,000 feet up to and including 14,000 feet, enough oxygen for 30 minutes for 10 percent of the passengers.


(3) When an airplane is flown at a flight altitude above flight level 250, enough oxygen for 30 minutes for 10 percent of the passengers for the entire flight (including emergency descent) above 8,000 feet, up to and including 14,000 feet, and to comply with § 121.327(c) (2) and (3) for flight above 14,000 feet.


(d) For the purposes of this section it is assumed that the cabin pressurization failure occurs at a time during flight that is critical from the standpoint of oxygen need and that after the failure the airplane will descend, without exceeding its normal operating limitations, to flight altitudes allowing safe flight with respect to terrain clearance.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-132, 41 FR 55475, Dec. 20, 1976]


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

(a) General. When operating a turbine engine powered airplane with a pressurized cabin, the certificate holder shall furnish oxygen and dispensing equipment to comply with paragraphs (b) through (e) of this section in the event of cabin pressurization failure.


(b) Crewmembers. When operating at flight altitudes above 10,000 feet, the certificate holder shall supply enough oxygen to comply with § 121.329, but not less than a two-hour supply for each flight crewmember on flight deck duty. The required two hours supply is that quantity of oxygen necessary for a constant rate of descent from the airplane’s maximum certificated operating altitude to 10,000 feet in ten minutes and followed by 110 minutes at 10,000 feet. The oxygen required in the event of cabin pressurization failure by § 121.337 may be included in determining the supply required for flight crewmembers on flight deck duty.


(c) Use of oxygen masks by flight crewmembers. (1) When operating at flight altitudes above flight level 250, each flight crewmember on flight deck duty must be provided with an oxygen mask so designed that it can be rapidly placed on his face from its ready position, properly secured, sealed, and supplying oxygen upon demand; and so designed that after being placed on the face it does not prevent immediate communication between the flight crewmember and other crewmembers over the airplane intercommunication system. When it is not being used at flight altitudes above flight level 250, the oxygen mask must be kept in condition for ready use and located so as to be within the immediate reach of the flight crewmember while at his duty station.


(2) When operating at flight altitudes above flight level 250, one pilot at the controls of the airplane shall at all times wear and use an oxygen mask secured, sealed, and supplying oxygen, in accordance with the following:


(i) The one pilot need not wear and use an oxygen mask at or below the following flight levels if each flight crewmember on flight deck duty has a quick-donning type of oxygen mask that the certificate holder has shown can be placed on the face from its ready position, properly secured, sealed, and supplying oxygen upon demand, with one hand and within five seconds:


(A) For airplanes having a passenger seat configuration of more than 30 seats, excluding any required crewmember seat, or a payload capacity of more than 7,500 pounds, at or below flight level 410.


(B) For airplanes having a passenger seat configuration of less than 31 seats, excluding any required crewmember seat, and a payload capacity of 7,500 pounds or less, at or below flight level 350.


(ii) Whenever a quick-donning type of oxygen mask is to be used under this section, the certificate holder shall also show that the mask can be put on without disturbing eye glasses and without delaying the flight crewmember from proceeding with his assigned emergency duties. The oxygen mask after being put on must not prevent immediate communication between the flight crewmember and other crewmembers over the airplane intercommunication system.


(3) Notwithstanding paragraph (c)(2) of this section, if for any reason at any time it is necessary for one pilot to leave his station at the controls of the airplane when operating at flight altitudes above flight level 410, the remaining pilot at the controls shall put on and use his oxygen mask until the other pilot has returned to his duty station.


(4) Before the takeoff of a flight, each flight crewmember shall personally preflight his oxygen equipment to insure that the oxygen mask is functioning, fitted properly, and connected to appropriate supply terminals, and that the oxygen supply and pressure are adequate for use.


(d) Use of portable oxygen equipment by cabin attendants. After November 28, 2005 each mask used for portable oxygen equipment must be connected to its oxygen supply. Above flight level 250, one of the following is required:


(1) Each attendant shall carry portable oxygen equipment with a 15 minute supply of oxygen; or


(2) There must be sufficient portable oxygen equipment (including masks and spare outlets) distributed throughout the cabin so that such equipment is immediately available to each attendant, regardless of their location in the cabin; or


(3) There are sufficient spare outlets and masks distributed throughout the cabin to ensure immediate availability of oxygen to each cabin attendant, regardless of their location in the cabin.


(e) Passenger cabin occupants. When the airplane is operating at flight altitudes above 10,000 feet, the following supply of oxygen must be provided for the use of passenger cabin occupants:


(1) When an airplane certificated to operate at flight altitudes up to and including flight level 250, can at any point along the route to be flown, descend safely to a flight altitude of 14,000 feet or less within four minutes, oxygen must be available at the rate prescribed by this part for a 30-minute period for at least 10 percent of the passenger cabin occupants.


(2) When an airplane is operated at flight altitudes up to and including flight level 250 and cannot descend safely to a flight altitude of 14,000 feet within four minutes, or when an airplane is operated at flight altitudes above flight level 250, oxygen must be available at the rate prescribed by this part for not less than 10 percent of the passenger cabin occupants for the entire flight after cabin depressurization, at cabin pressure altitudes above 10,000 feet up to and including 14,000 feet and, as applicable, to allow compliance with § 121.329(c) (2) and (3), except that there must be not less than a 10-minute supply for the passenger cabin occupants.


(3) For first-aid treatment of occupants who for physiological reasons might require undiluted oxygen following descent from cabin pressure altitudes above flight level 250, a supply of oxygen in accordance with the requirements of § 25.1443(d) must be provided for two percent of the occupants for the entire flight after cabin depressurization at cabin pressure altitudes above 8,000 feet, but in no case to less than one person. An appropriate number of acceptable dispensing units, but in no case less than two, must be provided, with a means for the cabin attendants to use this supply.


(f) Passenger briefing. Before flight is conducted above flight level 250, a crewmember shall instruct the passengers on the necessity of using oxygen in the event of cabin depressurization and shall point out to them the location and demonstrate the use of the oxygen-dispensing equipment.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-11, 30 FR 12466, Sept. 30, 1965; Amdt. 121-132, 41 FR 55475, Dec. 20, 1976; Amdt. 121-262, 62 FR 13256, Mar. 19, 1997; 62 FR 15570, Apr. 1, 1997; Amdt. 121-306, 69 FR 62789, Oct. 27, 2004; Amdt. 121-383, 85 FR 16900, Mar. 25, 2020]


§ 121.335 Equipment standards.

(a) Reciprocating engine powered airplanes. The oxygen apparatus, the minimum rates of oxygen flow, and the supply of oxygen necessary to comply with § 121.327 must meet the standards established in section 4b.651 of the Civil Air Regulations as in effect on July 20, 1950, except that if the certificate holder shows full compliance with those standards to be impracticable, the Administrator may authorize any change in those standards that he finds will provide an equivalent level of safety.


(b) Turbine engine powered airplanes. The oxygen apparatus, the minimum rate of oxygen flow, and the supply of oxygen necessary to comply with §§ 121.329 and 121.333 must meet the standards established in section 4b.651 of the Civil Air Regulations as in effect on September 1, 1958, except that if the certificate holder shows full compliance with those standards to be impracticable, the Administrator may authorize any changes in those standards that he finds will provide an equivalent level of safety.


§ 121.337 Protective breathing equipment.

(a) The certificate holder shall furnish approved protective breathing equipment (PBE) meeting the equipment, breathing gas, and communication requirements contained in paragraph (b) of this section.


(b) Pressurized and nonpressurized cabin airplanes. Except as provided in paragraph (f) of this section, no person may operate an airplane unless protective breathing equipment meeting the requirements of this section is provided as follows:


(1) General. The equipment must protect the flightcrew from the effects of smoke, carbon dioxide or other harmful gases or an oxygen deficient environment caused by other than an airplane depressurization while on flight deck duty and must protect crewmembers from the above effects while combatting fires on board the airplane.


(2) The equipment must be inspected regularly in accordance with inspection guidelines and the inspection periods established by the equipment manufacturer to ensure its condition for continued serviceability and immediate readiness to perform its intended emergency purposes. The inspection periods may be changed upon a showing by the certificate holder that the changes would provide an equivalent level of safety.


(3) That part of the equipment protecting the eyes must not impair the wearer’s vision to the extent that a crewmember’s duties cannot be accomplished and must allow corrective glasses to be worn without impairment of vision or loss of the protection required by paragraph (b)(1) of this section.


(4) The equipment, while in use, must allow the flightcrew to communicate using the airplane radio equipment and to communicate by interphone with each other while at their assigned duty stations. The equipment, while in use, must also allow crewmember interphone communications between each of two flight crewmember stations in the pilot compartment and at least one normal flight attendant station in each passenger compartment.


(5) The equipment, while in use, must allow any crewmember to use the airplane interphone system at any of the flight attendant stations referred to in paragraph (b)(4) of this section.


(6) The equipment may also be used to meet the supplemental oxygen requirements of this part provided it meets the oxygen equipment standards of § 121.335 of this part.


(7) Protective breathing gas duration and supply system equipment requirements are as follows:


(i) The equipment must supply breathing gas for 15 minutes at a pressure altitude of 8,000 feet for the following:


(A) Flight crewmembers while performing flight deck duties; and


(B) Crewmembers while combatting an in-flight fire.


(ii) The breathing gas system must be free from hazards in itself, in its method of operation, and in its effect upon other components.


(iii) For breathing gas systems other than chemical oxygen generators, there must be a means to allow the crew to readily determine, during the equipment preflight described in paragraph (c) of this section, that the gas supply is fully charged.


(iv) For each chemical oxygen generator, the supply system equipment must meet the requirements of § 25.1450 (b) and (c) of this chapter.


(8) Smoke and fume protection. Protective breathing equipment with a fixed or portable breathing gas supply meeting the requirements of this section must be conveniently located on the flight deck and be easily accessible for immediate use by each required flight crewmember at his or her assigned duty station.


(9) Fire combatting. Except for nontransport category airplanes type certificated after December 31, 1964, protective breathing equipment with a portable breathing gas supply meeting the requirements of this section must be easily accessible and conveniently located for immediate use by crewmembers in combatting fires as follows:


(i) One PBE is required for each hand fire extinguisher located for use in a galley other than a galley located in a passenger, cargo, or crew compartment.


(ii) One on the flight deck, except that the Administrator may authorize another location for this PBE if special circumstances exist that make compliance impractical and the proposed deviation would provide an equivalent level of safety.


(iii) In each passenger compartment, one for each hand fire extinguisher required by § 121.309 of this part, to be located within 3 feet of each required hand fire extinguisher, 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 if the proposed deviation provides an equivalent level of safety.


(c) Equipment preflight. (1) Before each flight, each item of PBE at flight crewmember duty stations must be checked by the flight crewmember who will use the equipment to ensure that the equipment –


(i) For other than chemical oxygen generator systems, is functioning, is serviceable, fits properly (unless a universal-fit type), and is connected to supply terminals and that the breathing gas supply and pressure are adequate for use; and


(ii) For chemical oxygen generator systems, is serviceable and fits properly (unless a universal-fit type).


(2) Each item of PBE located at other than a flight crewmember duty station must be checked by a designated crewmember to ensure that each is properly stowed and serviceable, and, for other than chemical oxygen generator systems, the breathing gas supply is fully charged. Each certificate holder, in its operations manual, must designate at least one crewmember to perform those checks before he or she takes off in that airplane for his or her first flight of the day.


[Doc. No. 24792, 52 FR 20957, June 3, 1987, as amended by Amdt. 121-204, 54 FR 22271, May 22, 1989; Amdt. 121-212, 55 FR 5551, Feb. 15, 1990; Amdt. 121-218, 55 FR 31565, Aug. 2, 1990; Amdt. 121-230, 57 FR 42674, Sept. 15, 1992; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995; Amdt. 121-261, 61 FR 43921, Aug. 26, 1996]


§ 121.339 Emergency equipment for extended over-water operations.

(a) Except where the Administrator, by amending the operations specifications of the certificate holder, requires the carriage of all or any specific items of the equipment listed below for any overwater operation, or upon application of the certificate holder, the Administrator allows deviation for a particular extended overwater operation, no person may operate an airplane in extended overwater operations without having on the airplane the following equipment:


(1) A life preserver equipped with an approved survivor locator light, for each occupant of the airplane.


(2) Enough life rafts (each equipped with an approved survivor locator light) of a rated capacity and buoyancy to accommodate the occupants of the airplane. Unless excess rafts of enough capacity are provided, the buoyancy and seating capacity beyond the rated capacity of the rafts must accommodate all occupants of the airplane in the event of a loss of one raft of the largest rated capacity.


(3) At least one pyrotechnic signaling device for each life raft.


(4) An approved survival type emergency locator transmitter. Batteries used in this transmitter must be replaced (or recharged, if the battery is rechargeable) when the transmitter has been in use for more than 1 cumulative hour, or when 50 percent of their useful life (or for rechargeable batteries, 50 percent of their useful life of charge) has expired, as established by the transmitter manufacturer under its approval. The new expiration date for replacing (or recharging) the battery must be legibly marked on the outside of the transmitter. The battery useful life (or useful life of charge) requirements of this paragraph do not apply to batteries (such as water-activated batteries) that are essentially unaffected during probable storage intervals.


(b) The required life rafts, life preservers, and survival type emergency locator transmitter must be easily accessible in the event of a ditching without appreciable time for preparatory procedures. This equipment must be installed in conspicuously marked, approved locations.


(c) A survival kit, appropriately equipped for the route to be flown, must be attached to each required life raft.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-53, 34 FR 15244, Sept. 30, 1969; Amdt. 121-79, 36 FR 18724, Sept. 21, 1971; Amdt. 121-93, 37 FR 14294, June 19, 1972 Amdt. 121-106, 38 FR 22378, Aug. 20, 1973; Amdt. 121-149, 43 FR 50603, Oct. 30, 1978; Amdt. 121-158, 45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, June 21, 1994]


§ 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.


(b) Upon application by the air carrier or commercial operator, the Administrator may approve the operation of an airplane over water without the life preservers or flotation means required by paragraph (a) of this section, if the air carrier or commercial operator shows that the water over which the airplane is to be operated is not of such size and depth that life preservers or flotation means would be required for the survival of its occupants in the event the flight terminates in that water.


[Doc. No. 6713, 31 FR 1147, Jan. 28, 1966, as amended by Amdt. 121-25, 32 FR 3223, Feb. 24, 1967; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]


§ 121.341 Equipment for operations in icing conditions.

(a) Except as permitted in paragraph (c)(2) of this section, unless an airplane is type certificated under the transport category airworthiness requirements relating to ice protection, or unless an airplane is a non-transport category airplane type certificated after December 31, 1964, that has the ice protection provisions that meet section 34 of appendix A of part 135 of this chapter, no person may operate an airplane in icing conditions unless it is equipped with means for the prevention or removal of ice on windshields, wings, empennage, propellers, and other parts of the airplane where ice formation will adversely affect the safety of the airplane.


(b) No person may operate an airplane in icing conditions at night unless means are provided for illuminating or otherwise determining the formation of ice on the parts of the wings that are critical from the standpoint of ice accumulation. Any illuminating that is used must be of a type that will not cause glare or reflection that would handicap crewmembers in the performance of their duties.


(c) Non-transport category airplanes type certificated after December 31, 1964. Except for an airplane that has ice protection provisions that meet section 34 of appendix A of part 135 of this chapter, or those for transport category airplane type certification, no person may operate –


(1) Under IFR into known or forecast light or moderate icing conditions;


(2) Under VFR into known light or moderate icing conditions; unless the airplane has functioning deicing anti-icing equipment protecting each propeller, windshield, wing, stabilizing or control surface, and each airspeed, altimeter, rate of climb, or flight attitude instrument system; or


(3) Into known or forecast severe icing conditions.


(d) If current weather reports and briefing information relied upon by the pilot in command indicate that the forecast icing condition that would otherwise prohibit the flight will not be encountered during the flight because of changed weather conditions since the forecast, the restrictions in paragraph (c) of this section based on forecast conditions do not apply.


[Doc. No. 6258, 29 FR 18205, Dec. 31, 1964, as amended by Amdt. 121-251, 60 FR 65929, Dec. 20, 1995]


§ 121.342 Pitot heat indication systems.

No person may operate a transport category airplane or, after December 20, 1999, a nontransport category airplane type certificated after December 31, 1964, that is equipped with a flight instrument pitot heating system unless the airplane is also equipped with an operable pitot heat indication system that complies § 25.1326 of this chapter in effect on April 12, 1978.


[Doc. No. 28154, 60 FR 65932, Dec. 20, 1995]


§ 121.343 Flight data recorders.

(a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of this section, no person may operate a large airplane that is certificated for operations above 25,000 feet altitude or is turbine-engine powered unless it is equipped with one or more approved flight recorders that record data from which the following may be determined within the ranges, accuracies, and recording intervals specified in appendix B of this part:


(1) Time;


(2) Altitude;


(3) Airspeed;


(4) Vertical acceleration;


(5) Heading; and


(6) Time of each radio transmission either to or from air traffic control.


(b) No person may operate a large airplane type certificated up to and including September 30, 1969, for operations above 25,000 feet altitude, or a turbine-engine powered airplane certificated before the same date, unless it is equipped before May 26, 1989 with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following information must be able to be determined within the ranges, accuracies, and recording intervals specified in appendix B of this part:


(1) Time;


(2) Altitude;


(3) Airspeed;


(4) Vertical acceleration;


(5) Heading; and


(6) Time of each radio transmission either to or from air traffic control.


(c) Except as provided in paragraph (l) of this section, no person may operate an airplane specified in paragraph (b) of this section unless it is equipped, before May 26, 1995, with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following information must be able to be determined within the ranges, accuracies and recording intervals specified in appendix B of this part:


(1) Time;


(2) Altitude;


(3) Airspeed;


(4) Vertical acceleration;


(5) Heading;


(6) Time of each radio transmission either to or from air traffic control;


(7) Pitch attitude;


(8) Roll attitude;


(9) Longitudinal acceleration;


(10) Control column or pitch control surface position; and


(11) Thrust of each engine.


(d) No person may operate an airplane specified in paragraph (b) of this section that is manufactured after May 26, 1989, as well as airplanes specified in paragraph (a) of this section that have been type certificated after September 30, 1969, unless it is equipped with one or more approved flight recorders that utlitize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The following information must be able to be determined within the ranges, accuracies, and recording intervals specified in appendix B of this part:


(1) Time;


(2) Altitude;


(3) Airspeed;


(4) Vertical acceleration;


(5) Heading;


(6) Time of each radio transmission either to or from air traffic control;


(7) Pitch attitude;


(8) Roll attitude;


(9) Longitudinal acceleration;


(10) Pitch trim position;


(11) Control column or pitch control surface position;


(12) Control wheel or lateral control surface position;


(13) Rudder pedal or yaw control surface position;


(14) Thrust of each engine;


(15) Position of each thrust reverser;


(16) Trailing edge flap or cockpit flap control position; and


(17) Leading edge flap or cockpit flap control position.


For the purpose of this section, manufactured means the point in time at which the airplane inspection acceptance records reflect that the airplane is complete and meets the FAA-approved type design data.

(e) After October 11, 1991, no person may operate a large airplane equipped with a digital data bus and ARINC 717 digital flight data acquisition unit (DFDAU) or equivalent unless it is equipped with one or more approved flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. Any parameters specified in appendix B of this part that are available on the digital data bus must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified.


(f) After October 11, 1991, no person may operate an airplane specified in paragraph (b) of this section that is manufactured after October 11, 1991, nor an airplane specified in paragraph (a) of this section that has been type certificated after September 30, 1969, and manufactured after October 11, 1991, unless it is equipped with one or more flight recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The parameters specified in appendix B of this part must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified.


(g) Whenever a flight recorder required by this section is installed, it must be operated continuously from the instant the airplane begins the takeoff roll until it has completed the landing roll at an airport.


(h) Except as provided in paragraph (i) of this section, and except for recorded data erased as authorized in this paragraph, each certificate holder shall keep the recorded data prescribed in paragraph (a), (b), (c), or (d) of this section, as appropriate, until the airplane has been operated for at least 25 hours of the operating time specified in § 121.359(a). A total of 1 hour of recorded data may be erased for the purpose of testing the flight recorder or the flight recorder system. Any erasure made in accordance with this paragraph must be of the oldest recorded data accumulated at the time of testing. Except as provided in paragraph (i) of this section, no record need be kept more than 60 days.


(i) In the event of an accident or occurrence that requires immediate notification of the National Transportation Safety Board under part 830 of its regulations and that results in termination of the flight, the certificate holder shall remove the recording media from the airplane and keep the recorded data required by paragraph (a), (b), (c), or (d) of this section, as appropriate, for at least 60 days or for a longer period upon the request of the Board or the Administrator.


(j) Each flight recorder required by this section must be installed in accordance with the requirements of § 25.1459 of this chapter in effect on August 31, 1977. The correlation required by § 25.1459(c) of this chapter need be established only on one airplane of any group of airplanes –


(1) That are of the same type;


(2) On which the model flight recorder and its installation are the same; and


(3) On which there is no difference in the type design with respect to the installation of those first pilot’s instruments associated with the flight recorder. The most recent instrument calibration, including the recording medium from which this calibration is derived, and the recorder correlation must be retained by the certificate holder.


(k) Each flight recorder required by this section that records the data specified in paragraph (a), (b), (c), or (d) of this section, as appropriate, must have an approved device to assist in locating that recorder under water.


(l) No person may operate an airplane specified in paragraph (b) of this section that meets the Stage 2 noise levels of part 36 of this chapter and is subject to § 91.801(c) of this chapter unless it is equipped with one or more approved flight data recorders that utilize a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The information specified in paragraphs (c)(1) through (c)(11) of this section must be able to be determined within the ranges, accuracies and recording intervals specified in appendix B of this part. In addition –


(1) This flight data recorder must be installed at the next heavy maintenance check after May 26, 1994, but no later than May 26, 1995. A heavy maintenance check is considered to be any time an aircraft is scheduled to be out of service for 4 or more days.


(2) By June 23, 1994, each carrier must submit to the FAA Flight Standards Service, Air Transportation Division (AFS-200), documentation listing those airplanes covered under this paragraph and evidence that it has ordered a sufficient number of flight data recorders to meet the May 26, 1995, compliance date for all aircraft on that list.


(3) After May 26, 1994, any aircraft that is modified to meet Stage 3 noise levels must have the flight data recorder described in paragraph (c) of this section installed before operating under this part.


(m) After August 20, 2001, this section applies only to the airplane models listed in § 121.344(l)(2). All other airplanes must comply with the requirements of § 121.344, as applicable.


[Doc. No. 24418, 52 FR 9636, Mar. 25, 1987, as amended by Amdt. 121-197, 53 FR 26147, July 11, 1988; Amdt. 121-238, 59 FR 26900, May 24, 1994; Amdt. 121-338, 73 FR 12565, Mar. 7, 2008]


§ 121.344 Digital flight data recorders for transport category airplanes.

(a) Except as provided in paragraph (l) of this section, no person may operate under this part a turbine-engine-powered transport category airplane unless it is equipped with one or more approved flight recorders that use a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. The operational parameters required to be recorded by digital flight data recorders required by this section are as follows: The phrase “when an information source is installed” following a parameter indicates that recording of that parameter is not intended to require a change in installed equipment:


(1) Time;


(2) Pressure altitude;


(3) Indicated airspeed;


(4) Heading – primary flight crew reference (if selectable, record discrete, true or magnetic);


(5) Normal acceleration (Vertical);


(6) Pitch attitude;


(7) Roll attitude;


(8) Manual radio transmitter keying, or CVR/DFDR synchronization reference;


(9) Thrust/power of each engine – primary flight crew reference;


(10) Autopilot engagement status;


(11) Longitudinal acceleration;


(12) Pitch control input;


(13) Lateral control input;


(14) Rudder pedal input;


(15) Primary pitch control surface position;


(16) Primary lateral control surface position;


(17) Primary yaw control surface position;


(18) Lateral acceleration;


(19) Pitch trim surface position or parameters of paragraph (a)(82) of this section if currently recorded;


(20) Trailing edge flap or cockpit flap control selection (except when parameters of paragraph (a)(85) of this section apply);


(21) Leading edge flap or cockpit flap control selection (except when parameters of paragraph (a)(86) of this section apply);


(22) Each Thrust reverser position (or equivalent for propeller airplane);


(23) Ground spoiler position or speed brake selection (except when parameters of paragraph (a)(87) of this section apply);


(24) Outside or total air temperature;


(25) Automatic Flight Control System (AFCS) modes and engagement status, including autothrottle;


(26) Radio altitude (when an information source is installed);


(27) Localizer deviation, MLS Azimuth;


(28) Glideslope deviation, MLS Elevation;


(29) Marker beacon passage;


(30) Master warning;


(31) Air/ground sensor (primary airplane system reference nose or main gear);


(32) Angle of attack (when information source is installed);


(33) Hydraulic pressure low (each system);


(34) Ground speed (when an information source is installed);


(35) Ground proximity warning system;


(36) Landing gear position or landing gear cockpit control selection;


(37) Drift angle (when an information source is installed);


(38) Wind speed and direction (when an information source is installed);


(39) Latitude and longitude (when an information source is installed);


(40) Stick shaker/pusher (when an information source is installed);


(41) Windshear (when an information source is installed);


(42) Throttle/power lever position;


(43) Additional engine parameters (as designated in Appendix M of this part);


(44) Traffic alert and collision avoidance system;


(45) DME 1 and 2 distances;


(46) Nav 1 and 2 selected frequency;


(47) Selected barometric setting (when an information source is installed);


(48) Selected altitude (when an information source is installed);


(49) Selected speed (when an information source is installed);


(50) Selected mach (when an information source is installed);


(51) Selected vertical speed (when an information source is installed);


(52) Selected heading (when an information source is installed);


(53) Selected flight path (when an information source is installed);


(54) Selected decision height (when an information source is installed);


(55) EFIS display format;


(56) Multi-function/engine/alerts display format;


(57) Thrust command (when an information source is installed);


(58) Thrust target (when an information source is installed);


(59) Fuel quantity in CG trim tank (when an information source is installed);


(60) Primary Navigation System Reference;


(61) Icing (when an information source is installed);


(62) Engine warning each engine vibration (when an information source is installed);


(63) Engine warning each engine over temp. (when an information source is installed);


(64) Engine warning each engine oil pressure low (when an information source is installed);


(65) Engine warning each engine over speed (when an information source is installed);


(66) Yaw trim surface position;


(67) Roll trim surface position;


(68) Brake pressure (selected system);


(69) Brake pedal application (left and right);


(70) Yaw or sideslip angle (when an information source is installed);


(71) Engine bleed valve position (when an information source is installed);


(72) De-icing or anti-icing system selection (when an information source is installed);


(73) Computed center of gravity (when an information source is installed);


(74) AC electrical bus status;


(75) DC electrical bus status;


(76) APU bleed valve position (when an information source is installed);


(77) Hydraulic pressure (each system);


(78) Loss of cabin pressure;


(79) Computer failure;


(80) Heads-up display (when an information source is installed);


(81) Para-visual display (when an information source is installed);


(82) Cockpit trim control input position – pitch;


(83) Cockpit trim control input position – roll;


(84) Cockpit trim control input position – yaw;


(85) Trailing edge flap and cockpit flap control position;


(86) Leading edge flap and cockpit flap control position;


(87) Ground spoiler position and speed brake selection;


(88) All cockpit flight control input forces (control wheel, control column, rudder pedal);


(89) Yaw damper status;


(90) Yaw damper command; and


(91) Standby rudder valve status.


(b) For all turbine-engine powered transport category airplanes manufactured on or before October 11, 1991, by August 20, 2001.


(1) For airplanes not equipped as of July 16, 1996, with a flight data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) through (a)(18) of this section must be recorded within the ranges and accuracies specified in Appendix B of this part, and –


(i) For airplanes with more than two engines, the parameter described in paragraph (a)(18) is not required unless sufficient capacity is available on the existing recorder to record that parameter;


(ii) Parameters listed in paragraphs (a)(12) through (a)(17) each may be recorded from a single source.


(2) For airplanes that were equipped as of July 16, 1996, with a flight data acquisition unit (FDAU), the parameters listed in paragraphs (a)(1) through (a)(22) of this section must be recorded within the ranges, accuracies, and recording intervals specified in Appendix M of this part. Parameters listed in paragraphs (a)(12) through (a)(17) each may be recorded from a single source.


(3) The approved flight recorder required by this section must be installed at the earliest time practicable, but no later than the next heavy maintenance check after August 18, 1999 and no later than August 20, 2001. A heavy maintenance check is considered to be any time an airplane is scheduled to be out of service for 4 or more days and is scheduled to include access to major structural components.


(c) For all turbine-engine powered transport category airplanes manufactured on or before October 11, 1991 –


(1) That were equipped as of July 16, 1996, with one or more digital data bus(es) and an ARINC 717 digital flight data acquisition unit (DFDAU) or equivalent, the parameters specified in paragraphs (a)(1) through (a)(22) of this section must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix M of this part by August 20, 2001. Parameters listed in paragraphs (a)(12) through (a)(14) each may be recorded from a single source.


(2) Commensurate with the capacity of the recording system (DFDAU or equivalent and the DFDR), all additional parameters for which information sources are installed and which are connected to the recording system must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix M of this part by August 20, 2001.


(3) That were subject to § 121.343(e) of this part, all conditions of § 121.343(e) must continue to be met until compliance with paragraph (c)(1) of this section is accomplished.


(d) For all turbine-engine-powered transport category airplanes that were manufactured after October 11, 1991 –


(1) The parameters listed in paragraph (a)(1) through (a)(34) of this section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix M of this part by August 20, 2001. Parameters listed in paragraphs (a)(12) through (a)(14) each may be recorded from a single source.


(2) Commensurate with the capacity of the recording system, all additional parameters for which information sources are installed and which are connected to the recording system must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix M of this part by August 20, 2001.


(e) For all turbine-engine-powered transport category airplanes that are manufactured after August 18, 2000 –


(1) The parameters listed in paragraph (a)(1) through (57) of this section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix M of this part.


(2) Commensurate with the capacity of the recording system, all additional parameters for which information sources are installed and which are connected to the recording system, must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix M of this part.


(3) In addition to the requirements of paragraphs (e)(1) and (e)(2) of this section, all Boeing 737 model airplanes must also comply with the requirements of paragraph (n) of this section, as applicable.


(f) For all turbine-engine-powered transport category airplanes manufactured after August 19, 2002 –


(1) The parameters listed in paragraphs (a)(1) through (a)(88) of this section must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in appendix M to this part.


(2) In addition to the requirements of paragraphs (f)(1) of this section, all Boeing 737 model airplanes must also comply with the requirements of paragraph (n) of this section.


(g) Whenever a flight data recorder required by this section is installed, it must be operated continuously from the instant the airplane begins its takeoff roll until it has completed its landing roll.


(h) Except as provided in paragraph (i) of this section, and except for recorded data erased as authorized in this paragraph, each certificate holder shall keep the recorded data prescribed by this section, as appropriate, until the airplane has been operated for at least 25 hours of the operating time specified in § 121.359(a) of this part. A total of 1 hour of recorded data may be erased for the purpose of testing the flight recorder or the flight recorder system. Any erasure made in accordance with this paragraph must be of the oldest recorded data accumulated at the time of testing. Except as provided in paragraph (i) of this section, no record need be kept more than 60 days.


(i) In the event of an accident or occurrence that requires immediate notification of the National Transportation Safety Board under 49 CFR 830 of its regulations and that results in termination of the flight, the certificate holder shall remove the recorder from the airplane and keep the recorder data prescribed by this section, as appropriate, for at least 60 days or for a longer period upon the request of the Board or the Administrator.


(j) Each flight data recorder system required by this section must be installed in accordance with the requirements of § 25.1459(a) (except paragraphs (a)(3)(ii) and (a)(7)), (b), (d) and (e) of this chapter. A correlation must be established between the values recorded by the flight data recorder and the corresponding values being measured. The correlation must contain a sufficient number of correlation points to accurately establish the conversion from the recorded values to engineering units or discrete state over the full operating range of the parameter. Except for airplanes having separate altitude and airspeed sensors that are an integral part of the flight data recorder system, a single correlation may be established for any group of airplanes –


(1) That are of the same type;


(2) On which the flight recorder system and its installation are the same; and


(3) On which there is no difference in the type design with respect to the installation of those sensors associated with the flight data recorder system. Documentation sufficient to convert recorded data into the engineering units and discrete values specified in the applicable appendix must be maintained by the certificate holder.


(k) Each flight data recorder required by this section must have an approved device to assist in locating that recorder under water.


(l) The following airplanes that were manufactured before August 18, 1997 need not comply with this section, but must continue to comply with applicable paragraphs of § 121.343 of this chapter, as appropriate:


(1) Airplanes that meet the State 2 noise levels of part 36 of this chapter and are subject to § 91.801(c) of this chapter, until January 1, 2000. On and after January 1, 2000, any Stage 2 airplane otherwise allowed to be operated under Part 91 of this chapter must comply with the applicable flight data recorder requirements of this section for that airplane.


(2) British Aerospace 1-11, General Dynamics Convair 580, General Dynamics Convair 600, General Dynamics Convair 640, deHavilland Aircraft Company Ltd. DHC-7, Fairchild Industries FH 227, Fokker F-27 (except Mark 50), F-28 Mark 1000 and Mark 4000, Gulfstream Aerospace G-159, Jetstream 4100 Series, Lockheed Aircraft Corporation Electra 10-A, Lockheed Aircraft Corporation Electra 10-B, Lockheed Aircraft Corporation Electra 10-E, Lockheed Aircraft Corporation Electra L-188, Lockheed Martin Model 382 (L-100) Hercules, Maryland Air Industries, Inc. F27, Mitsubishi Heavy Industries, Ltd. YS-11, Short Bros. Limited SD3-30, Short Bros. Limited SD3-60.


(m) All aircraft subject to the requirements of this section that are manufactured on or after April 7, 2010, must have a digital flight data recorder installed that also –


(1) Meets the requirements of § 25.1459(a)(3), (a)(7), and (a)(8) of this chapter; and


(2) Retains the 25 hours of recorded information required in paragraph (h) of this section using a recorder that meets the standards of TSO-C124a, or later revision.


(n) In addition to all other applicable requirements of this section, all Boeing 737 model airplanes manufactured after August 18, 2000 must record the parameters listed in paragraphs (a)(88) through (a)(91) of this section within the ranges, accuracies, resolutions, and recording intervals specified in Appendix M to this part. Compliance with this paragraph is required no later than February 2, 2011.


[Doc. No. 28109, 62 FR 38378, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended by Amdt. 121-300, 68 FR 42936, July 18, 2003; 68 FR 50069, Aug. 20, 2003; Amdt. 121-338, 73 FR 12565, Mar. 7, 2008; Amdt. 121-342, 73 FR 73178, Dec. 2, 2008; Amdt. 121-338, 74 FR 32800, July 9, 2009]


§ 121.344a Digital flight data recorders for 10-19 seat airplanes.

(a) Except as provided in paragraph (f) of this section, no person may operate under this part a turbine-engine-powered airplane having a passenger seating configuration, excluding any required crewmember seat, of 10 to 19 seats, that was brought onto the U.S. register after, or was registered outside the United States and added to the operator’s U.S. operations specifications after, October 11, 1991, unless it is equipped with one or more approved flight recorders that use a digital method of recording and storing data and a method of readily retrieving that data from the storage medium. On or before August 20, 2001, airplanes brought onto the U.S. register after October 11, 1991, must comply with either the requirements in this section or the applicable paragraphs in § 135.152 of this chapter. In addition, by August 20, 2001.


(1) The parameters listed in §§ 121.344(a)(1) through 121.344(a)(18) of this part must be recorded with the ranges, accuracies, and resolutions specified in Appendix B of part 135 of this chapter, except that –


(i) Either the parameter listed in § 121.344 (a)(12) or (a)(15) of this part must be recorded; either the parameters listed in § 121.344(a)(13) or (a)(16) of this part must be recorded; and either the parameter listed in § 121.344(a)(14) or (a)(17) of this part must be recorded.


(ii) For airplanes with more than two engines, the parameter described in § 121.344(a)(18) of this part must also be recorded if sufficient capacity is available on the existing recorder to record that parameter;


(iii) Parameters listed in §§ 121.344(a)(12) through 121.344(a)(17) of this part each may be recorded from a single source;


(iv) Any parameter for which no value is contained in Appendix B of part 135 of this chapter must be recorded within the ranges, accuracies, and resolutions specified in Appendix M of this part.


(2) Commensurate with the capacity of the recording system (FDAU or equivalent and the DFDR), the parameters listed in §§ 121.344(a)(19) through 121.344(a)(22) of this part also must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix B of part 135 of this chapter.


(3) The approved flight recorder required by this section must be installed as soon as practicable, but no later than the next heavy maintenance check or equivalent after August 18, 1999. A heavy maintenance check is considered to be any time an airplane is scheduled to be out of service for 4 more days and is scheduled to include access to major structural components.


(b) For a turbine-engine-powered airplanes having a passenger seating configuration, excluding any required crewmember seat, of 10 to 19 seats, that are manufactured after August 18, 2000.


(1) The parameters listed in §§ 121.344(a)(1) through 121.344(a)(57) of this part, must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix M of this part.


(2) Commensurate with the capacity of the recording system, all additional parameters listed in § 121.344(a) of this part for which information sources are installed and which are connected to the recording system, must be recorded within the ranges, accuracies, resolutions, and sampling intervals specified in Appendix M of this part by August 20, 2001.


(c) For all turbine-engine-powered airplanes having a passenger seating configuration, excluding any required crewmember seats, of 10 to 19 seats, that are manufactured after August 19, 2002, the parameters listed in § 121.344(a)(1) through (a)(88) of this part must be recorded within the ranges, accuracies, resolutions, and recording intervals specified in Appendix M of this part.


(d) Each flight data recorder system required by this section must be installed in accordance with the requirements of § 23.1459(a) (except paragraphs (a)(3)(ii) and (6)), (b), (d) and (e) of this chapter. A correlation must be established between the values recorded by the flight data recorder and the corresponding values being measured. The correlation must contain a sufficient number of correlation points to accurately establish the conversion from the recorded values to engineering units or discrete state over the full operating range of the parameter. A single correlation may be established for any group of airplanes –


(1) That are of the same type;


(2) On which the flight recorder system and its installation are the same; and


(3) On which there is no difference in the type design with respect to the installation of those sensors associated with the flight data recorder system. Correlation documentation must be maintained by the certificate holder.


(e) All airplanes subject to this section are also subject to the requirements and exceptions stated in § 121.344(g) through (k) and § 121.346.


(f) For airplanes that were manufactured before August 18, 1997, the following airplane types need not comply with this section, but must continue to comply with applicable paragraphs of § 135.152 of this chapter, as appropriate: Beech Aircraft-99 Series, Beech Aircraft 1300, Beech Aircraft 1900C, Construcciones Aeronauticas, S.A. (CASA) C-212, deHavilland DHC-6, Dornier 228, HS-748, Embraer EMB 110, Jetstream 3101, Jetstream 3201, Fairchild Aircraft SA-226, Fairchild Metro SA-227.


(g) All airplanes subject to the requirements of this section that are manufactured on or after April 7, 2010, must have a digital flight data recorder installed that also –


(1) Meets the requirements in § 23.1459(a)(3), (a)(6), and (a)(7) or § 25.1459(a)(3), (a)(7), and (a)(8) of this chapter, as applicable; and


(2) Retains the 25 hours of recorded information required in § 121.344(g) using a recorder that meets the standards of TSO-C124a, or later revision.


[Doc. No. 28109, 62 FR 38380, July 17, 1997; 62 FR 48135, Sept. 12, 1997; 62 FR 65202, Dec. 11, 1997, as amended by Amdt. 121-300, 68 FR 42936, July 18, 2003; Amdt. 121-338, 73 FR 12566, Mar. 7, 2008; Amdt. 121-338, 74 FR 32801, July 9, 2009; Amdt. 121-347, 75 FR 7356, Feb. 19, 2010]


§ 121.345 Radio equipment.

(a) No person may operate an airplane unless it is equipped with radio equipment required for the kind of operation being conducted.


(b) Where two independent (separate and complete) radio systems are required by §§ 121.347 and 121.349, each system must have an independent antenna installation except that, where rigidly supported nonwire antennas or other antenna installations of equivalent reliability are used, only one antenna is required.


(c) ATC transponder equipment installed within the time periods indicated below must meet the performance and environmental requirements of the following TSO’s:


(1) Through January 1, 1992: (i) Any class of TSO-C74b or any class of TSO-C74c as appropriate, provided that the equipment was manufactured before January 1, 1990; or


(ii) The appropriate class of TSO-C112 (Mode S).


(2) After January 1, 1992: The appropriate class of TSO-C112 (Mode S). For purposes of paragraph (c) (2) of this section, “installation” does not include –


(i) Temporary installation of TSO-C74b or TSO-C74c substitute equipment, as appropriate, during maintenance of the permanent equipment;


(ii) Reinstallation of equipment after temporary removal for maintenance; or


(iii) For fleet operations, installation of equipment in a fleet aircraft after removal of the equipment for maintenance from another aircraft in the same operator’s fleet.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-101, 37 FR 28499, Dec. 27, 1972; Amdt. 121-190, 52 FR 3391, Feb. 3, 1987]


§ 121.346 Flight data recorders: filtered data.

(a) A flight data signal is filtered when an original sensor signal has been changed in any way, other than changes necessary to:


(1) Accomplish analog to digital conversion of the signal;


(2) Format a digital signal to be DFDR compatible; or


(3) Eliminate a high frequency component of a signal that is outside the operational bandwidth of the sensor.


(b) An original sensor signal for any flight recorder parameter required to be recorded under § 121.344 may be filtered only if the recorded signal value continues to meet the requirements of Appendix B or M of this part, as applicable.


(c) For a parameter described in § 121.344(a) (12) through (17), (42), or (88), or the corresponding parameter in Appendix B of this part, if the recorded signal value is filtered and does not meet the requirements of Appendix B or M of this part, as applicable, the certificate holder must:


(1) Remove the filtering and ensure that the recorded signal value meets the requirements of Appendix B or M of this part, as applicable; or


(2) Demonstrate by test and analysis that the original sensor signal value can be reconstructed from the recorded data. This demonstration requires that:


(i) The FAA determine that the procedure and the test results submitted by the certificate holder as its compliance with paragraph (c)(2) of this section are repeatable; and


(ii) The certificate holder maintains documentation of the procedure required to reconstruct the original sensor signal value. This documentation is also subject to the requirements of § 121.344(i).


(d) Compliance. Compliance is required as follows:


(1) No later than October 20, 2011, each operator must determine, for each airplane on its operations specifications, whether the airplane’s DFDR system is filtering any of the parameters listed in paragraph (c) of this section. The operator must create a record of this determination for each airplane it operates, and maintain it as part of the correlation documentation required by § 121.344(j)(3) of this part.


(2) For airplanes that are not filtering any listed parameter, no further action is required unless the airplane’s DFDR system is modified in a manner that would cause it to meet the definition of filtering on any listed parameter.


(3) For airplanes found to be filtering a parameter listed in paragraph (c) of this section, the operator must either:


(i) No later than April 21, 2014, remove the filtering; or


(ii) No later than April 22, 2013, submit the necessary procedure and test results required by paragraph (c)(2) of this section.


(4) After April 21, 2014, no aircraft flight data recording system may filter any parameter listed in paragraph (c) of this section that does not meet the requirements of Appendix B or M of this part, unless the certificate holder possesses test and analysis procedures and the test results that have been approved by the FAA. All records of tests, analysis and procedures used to comply with this section must be maintained as part of the correlation documentation required by § 121.344(j)(3) of this part.


[Doc. No. FAA-2006-26135, 75 FR 7356, Feb. 19, 2010]


§ 121.347 Communication and navigation equipment for operations under VFR over routes navigated by pilotage.

(a) No person may operate an airplane under VFR over routes that can be navigated by pilotage unless the airplane is equipped with the radio communication equipment necessary under normal operating conditions to fulfill the following:


(1) Communicate with at least one appropriate station from any point on the route;


(2) Communicate with appropriate air traffic control facilities from any point within Class B, Class C, or Class D airspace, or within a Class E surface area designated for an airport in which flights are intended; and


(3) Receive meteorological information from any point en route by either of two independent systems. One of the means provided to comply with this subparagraph may be used to comply with paragraphs (a)(1) and (2) of this section.


(b) No person may operate an airplane at night under VFR over routes that can be navigated by pilotage unless that airplane is equipped with –


(1) Radio communication equipment necessary under normal operating conditions to fulfill the functions specified in paragraph (a) of this section; and


(2) Navigation equipment suitable for the route to be flown.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-226, 56 FR 65663, Dec. 17, 1991; Amdt. 121-333, 72 FR 31681, June 7, 2007]


§ 121.349 Communication and navigation equipment for operations under VFR over routes not navigated by pilotage or for operations under IFR or over the top.

(a) Navigation equipment requirements – General. No person may conduct operations under VFR over routes that cannot be navigated by pilotage, or operations conducted under IFR or over the top, unless –


(1) The en route navigation aids necessary for navigating the airplane along the route (e.g., ATS routes, arrival and departure routes, and instrument approach procedures, including missed approach procedures if a missed approach routing is specified in the procedure) are available and suitable for use by the aircraft navigation systems required by this section;


(2) The airplane used in those operations is equipped with at least –


(i) Except as provided in paragraph (c) of this section, two approved independent navigation systems suitable for navigating the airplane along the route to be flown within the degree of accuracy required for ATC;


(ii) One marker beacon receiver providing visual and aural signals; and


(iii) One ILS receiver; and


(3) Any RNAV system used to meet the navigation equipment requirements of this section is authorized in the certificate holder’s operations specifications.


(b) Communication equipment requirements. No person may operate an airplane under VFR over routes that cannot be navigated by pilotage, and no person may operate an airplane under IFR or over the top, unless the airplane is equipped with –


(1) At least two independent communication systems necessary under normal operating conditions to fulfill the functions specified in § 121.347 (a); and


(2) At least one of the communication systems required by paragraph (b)(1) of this section must have two-way voice communication capability.


(c) Use of a single independent navigation system for operations under VFR over routes that cannot be navigated by pilotage, or operations conducted under IFR or over the top. Notwithstanding the requirements of paragraph (a)(2)(i) of this section, the airplane may be equipped with a single independent navigation system suitable for navigating the airplane along the route to be flown within the degree of accuracy required for ATC if:


(1) It can be shown that the airplane is equipped with at least one other independent navigation system suitable, in the event of loss of the navigation capability of the single independent navigation system permitted by this paragraph at any point along the route, for proceeding safely to a suitable airport and completing an instrument approach; and


(2) The airplane has sufficient fuel so that the flight may proceed safely to a suitable airport by use of the remaining navigation system, and complete an instrument approach and land.


(d) Use of VOR navigation equipment. If VOR navigation equipment is used to comply with paragraph (a) or (c) of this section, no person may operate an airplane unless it is equipped with at least one approved DME or suitable RNAV system.


(e) Additional communication system equipment requirements for operators subject to § 121.2. In addition to the requirements in paragraph (b) of this section, no person may operate an airplane having a passenger seat configuration of 10 to 30 seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds or less, under IFR, over the top, or in extended over-water operations unless it is equipped with at least –


(1) Two microphones; and


(2) Two headsets, or one headset and one speaker.


[Doc. No. FAA-2002-14002, 72 FR 31681, June 7, 2007]


§ 121.351 Communication and navigation equipment for extended over-water operations and for certain other operations.

(a) Except as provided in paragraph (c) of this section, no person may conduct an extended over-water operation unless the airplane is equipped with at least two independent long-range navigation systems and at least two independent long-range communication systems necessary under normal operating conditions to fulfill the following functions –


(1) Communicate with at least one appropriate station from any point on the route;


(2) Receive meteorological information from any point on the route by either of two independent communication systems. One of the communication systems used to comply with this paragraph may be used to comply with paragraphs (a)(1) and (a)(3) of this section; and


(3) At least one of the communication systems must have two-way voice communication capability.


(b) No certificate holder conducting a flag or supplemental operation or a domestic operation within the State of Alaska may conduct an operation without the equipment specified in paragraph (a) of this section, if the Administrator finds that equipment to be necessary for search and rescue operations because of the nature of the terrain to be flown over.


(c) Notwithstanding the requirements of paragraph (a) of this section, installation and use of a single LRNS and a single LRCS may be authorized by the Administrator and approved in the certificate holder’s operations specifications for operations and routes in certain geographic areas. The following are among the operational factors the Administrator may consider in granting an authorization:


(1) The ability of the flightcrew to navigate the airplane along the route within the degree of accuracy required for ATC,


(2) The length of the route being flown, and


(3) The duration of the very high frequency communications gap.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-253, 61 FR 2611, Jan. 26, 1996; Amdt. 121-254, 61 FR 7191, Feb. 26, 1996; Amdt. 121-333, 72 FR 31682, June 7, 2007]


§ 121.353 Emergency equipment for operations over uninhabited terrain areas: Flag, supplemental, and certain domestic operations.

Unless the airplane has the following equipment, no person may conduct a flag or supplemental operation or a domestic operation within the States of Alaska or Hawaii over an uninhabited area or any other area that (in its operations specifications) the Administrator specifies required equipment for search and rescue in case of an emergency:


(a) Suitable pyrotechnic signaling devices.


(b) An approved survival type emergency locator transmitter. Batteries used in this transmitter must be replaced (or recharged, if the battery is rechargeable) when the transmitter has been in use for more than 1 cumulative hour, or when 50 percent of their useful life (or for rechargeable batteries, 50 percent of their useful life of charge) has expired, as established by the transmitter manufacturer under its approval. The new expiration date for replacing (or recharging) the battery must be legibly marked on the outside of the transmitter. The battery useful life (or useful life of charge) requirements of this paragraph do not apply to batteries (such as water-activated batteries) that are essentially unaffected during probable storage intervals.


(c) Enough survival kits, appropriately equipped for the route to be flown for the number of occupants of the airplane.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-79, 36 FR 18724, Sept. 21, 1971; Amdt. 121-106, 38 FR 22378 Aug. 20, 1973; Amdt. 121-158, 45 FR 38348, June 9, 1980; Amdt. 121-239, 59 FR 32057, June 21, 1994; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]


§ 121.354 Terrain awareness and warning system.

(a) Airplanes manufactured after March 29, 2002. No person may operate a turbine-powered airplane unless that airplane is equipped with an approved terrain awareness and warning system that meets the requirements for Class A equipment in Technical Standard Order (TSO)-C151. The airplane must also include an approved terrain situational awareness display.


(b) Airplanes manufactured on or before March 29, 2002. No person may operate a turbine-powered airplane after March 29, 2005, unless that airplane is equipped with an approved terrain awareness and warning system that meets the requirements for Class A equipment in Technical Standard Order (TSO)-C151. The airplane must also include an approved terrain situational awareness display.


(Approved by the Office of Management and Budget under control number 2120-0631)

(c) Airplane Flight Manual. The Airplane Flight Manual shall contain appropriate procedures for –


(1) The use of the terrain awareness and warning system; and


(2) Proper flight crew reaction in response to the terrain awareness and warning system audio and visual warnings.


[Doc. No. 29312, 65 FR 16755, Mar. 29, 2000]


§ 121.355 Equipment for operations on which specialized means of navigation are used.

(a) No certificate holder may conduct an operation –


(1) Using Doppler Radar or an Inertial Navigation System outside the 48 contiguous States and the District of Columbia, unless such systems have been approved in accordance with appendix G to this part; or


(2) Using Doppler Radar or an Inertial Navigation System within the 48 contiguous States and the District of Columbia, or any other specialized means of navigation, unless it shows that an adequate airborne system is provided for the specialized navigation authorized for the particular operation.


(b) Notwithstanding paragraph (a) of this section, Doppler Radar and Inertial Navigation Systems, and the training programs, maintenance programs, relevant operations manual material, and minimum equipment lists prepared in accordance therewith, approved before April 29, 1972, are not required to be approved in accordance with that paragraph.


[Doc. No. 10204, 37 FR 6464, Mar. 30, 1972]


§ 121.356 Collision avoidance system.

Effective January 1, 2005, any airplane you operate under this part must be equipped and operated according to the following table:


Collision Avoidance Systems

If you operate any –
Then you must operate that airplane with –
(a) Turbine-powered airplane of more than 33,000 pounds maximum certificated takeoff weight(1) An appropriate class of Mode S transponder that meets Technical Standard Order (TSO) C-112, or a later version, and one of the following approved units:

(i) TCAS II that meets TSO C-119b (version 7.0), or takeoff weight a later version.
(ii) TCAS II that meets TSO C-119a (version 6.04A Enhanced) that was installed in that airplane before May 1, 2003. If that TCAS II version 6.04A Enhanced no longer can be repaired to TSO C-119a standards, it must be replaced with a TCAS II that meets TSO C-119b (version 7.0), or a later version.

(iii) A collision avoidance system equivalent to TSO C-119b (version 7.0), or a later version, capable of coordinating with units that meet TSO C-119a (version 6.04A Enhanced), or a later version.
(b) Passenger or combination cargo/passenger (combi) airplane that has a passenger seat configuration of 10-30 seats(1) TCAS I that meets TSO C-118, or a later version, or

(2) A collision avoidance system equivalent to has a TSO C-118, or a later version, or

(3) A collision avoidance system and Mode S transponder that meet paragraph (a)(1) of this section.
(c) Piston-powered airplane of more than 33,000 pounds maximum certificated takeoff weight(1) TCAS I that meets TSO C-118, or a later version, or

(2) A collision avoidance system equivalent to maximum TSO C-118, or a later version, or

(3) A collision avoidance system and Mode S transponder that meet paragraph (a)(1) of this section.

[Doc. No. FAA-2001-10910, 68 FR 15902, Apr. 1, 2003]


§ 121.357 Airborne weather radar equipment requirements.

(a) No person may operate any transport category airplane (except C-46 type airplanes) or a nontransport category airplane certificated after December 31, 1964, unless approved airborne weather radar equipment has been installed in the airplane.


(b) [Reserved]


(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:


(1) Dispatch. No person may dispatch an airplane (or begin the flight of an airplane in the case of a certificate holder, that does not use a dispatch system) under IFR or night VFR conditions when current weather reports indicate that thunderstorms, or other potentially hazardous weather conditions that can be detected with airborne weather radar, may reasonably be expected along the route to be flown, unless the airborne weather radar equipment is in satisfactory operating condition.


(2) If the airborne weather radar becomes inoperative en route, the airplane must be operated in accordance with the approved instructions and procedures specified in the operations manual for such an event.


(d) This section does not apply to airplanes used solely within the State of Hawaii or within the State of Alaska and that part of Canada west of longitude 130 degrees W, between latitude 70 degrees N, and latitude 53 degrees N, or during any training, test, or ferry flight.


(e) Notwithstanding any other provision of this chapter, an alternate electrical power supply is not required for airborne weather radar equipment.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964, as amended by Amdt. 121-18, 31 FR 5825, Apr. 15, 1966; Amdt. 121-130, 41 FR 47229, Oct. 28, 1976; Amdt. 121-251, 60 FR 65932, Dec. 20, 1995]


§ 121.358 Low-altitude windshear system equipment requirements.

(a) Airplanes manufactured after January 2, 1991. No person may operate a turbine-powered airplane manufactured after January 2, 1991, unless it is equipped with either an approved airborne windshear warning and flight guidance system, an approved airborne detection and avoidance system, or an approved combination of these systems.


(b) Airplanes manufactured before January 3, 1991. Except as provided in paragraph (c) of this section, after January 2, 1991, no person may operate a turbine-powered airplane manufactured before January 3, 1991 unless it meets one of the following requirements as applicable.


(1) The makes/models/series listed below must be equipped with either an approved airborne windshear warning and flight guidance system, an approved airborne detection and avoidance system, or an approved combination of these systems:


(i) A-300-600;


(ii) A-310 – all series;


(iii) A-320 – all series;


(iv) B-737-300, 400, and 500 series;


(v) B-747-400;


(vi) B-757 – all series;


(vii) B-767 – all series;


(viii) F-100 – all series;


(ix) MD-11 – all series; and


(x) MD-80 series equipped with an EFIS and Honeywell-970 digital flight guidance computer.


(2) All other turbine-powered airplanes not listed above must be equipped with as a minimum requirement, an approved airborne windshear warning system. These airplanes may be equipped with an approved airborne windshear detection and avoidance system, or an approved combination of these systems.


(c) Extension of the compliance date. A certificate holder may obtain an extension of the compliance date in paragraph (b) of this section if it obtains FAA approval of a retrofit schedule. To obtain approval of a retrofit schedule and show continued compliance with that schedule, a certificate holder must do the following:


(1) Submit a request for approval of a retrofit schedule by June 1, 1990, to the appropriate Flight Standards division manager in the responsible Flight Standards office.


(2) Show that all of the certificate holder’s airplanes required to be equipped in accordance with this section will be equipped by the final compliance date established for TCAS II retrofit.


(3) Comply with its retrofit schedule and submit status reports containing information acceptable to the Administrator. The initial report must be submitted by January 2, 1991, and subsequent reports must be submitted every six months thereafter until completion of the schedule. The reports must be submitted to the certificate holder’s assigned Principal Avionics Inspector.


(d) Definitions. For the purposes of this section the following definitions apply –


(1) Turbine-powered airplane includes, e.g., turbofan-, turbojet-, propfan-, and ultra-high bypass fan-powered airplanes. The definition specifically excludes turbopropeller-powered airplanes.


(2) An airplane is considered manufactured on the date the inspection acceptance records reflect that the airplane is complete and meets the FAA Approved Type Design data.


[Doc. No. 25954, 55 FR 13242, Apr. 9, 1990, as amended by Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]


§ 121.359 Cockpit voice recorders.

(a) No certificate holder may operate a large turbine engine 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) [Reserved]


(c) The cockpit voice recorder required by paragraph (a) of this section must meet the following application standards:


(1) The requirements of part 25 of this chapter in affect on August 31, 1977.


(2) After September 1, 1980, 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.


(d) No person may operate a multiengine, turbine-powered airplane having a passenger seat configuration of 10-19 seats unless it is equipped with an approved cockpit voice recorder that:


(1) Is installed in compliance with § 23.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g); or § 25.1457(a)(1) and (2), (b), (c), (d)(1)(i), (2) and (3), (e), (f), and (g) of this chapter, as applicable; and


(2) Is operated continuously from the use of the checklist before the flight to completion of the final checklist at the end of the flight.


(e) No person may operate a multiengine, turbine-powered airplane having a passenger seat configuration of 20 to 30 seats unless it is equipped with an approved cockpit voice recorder that –


(1) Is installed in accordance with the requirements of § 23.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) or § 25.1457 (except paragraphs (a)(6), (d)(1)(ii), (4), and (5)) of this chapter, as applicable; and


(2) Is operated continuously from the use of the checklist before the flight to completion of the final checklist at the end of the flight.


(f) In complying with this section, an approved cockpit voice recorder having an erasure feature may be used, so that at any time during the operation of the recorder, information recorded more than 30 minutes earlier may be erased or otherwise obliterated.


(g) For those aircraft equipped to record the uninterrupted audio signals received by a boom or a mask microphone, the flight crewmembers are required to use the boom microphone below 18,000 feet mean sea level. No person may operate a large turbine engine powered airplane or a large pressurized airplane with four reciprocating engines manufactured after October 11, 1991, or on which a cockpit voice recorder has been installed after October 11, 1991, unless it is equipped to record the uninterrupted audio signal received by a boom or mask microphone in accordance with § 25.1457(c)(5) of this chapter.


(h) In the event of an accident or occurrence requiring immediate notification of the National Transportation Safety Board under part 830 of its regulations, which results in the termination of the flight, the certificate holder shall keep the recorded information for at least 60 days or, if requested by the Administrator or the Board, for a longer period. Information obtained from the record is used to assist in determining the cause of accidents or occurrences in connection with investigations under part 830. The Administrator does not use the record in any civil penalty or certificate action.


(i) By April 7, 2012, all turbine engine-powered airplanes subject to this section that are manufactured before April 7, 2010, must have a cockpit voice recorder installed that also –


(1) Meets the requirements of § 23.1457(d)(6) or § 25.1457(d)(6) of this chapter, as applicable;


(2) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision; and


(3) Is operated continuously from the use of the checklist before the flight to completion of the final checklist at the end of the flight.


(4) If transport category, meets the requirements in § 25.1457(a)(3), (a)(4), and (a)(5) of this chapter.


(j) All turbine engine-powered airplanes subject to this section that are manufactured on or after April 7, 2010, must have a cockpit voice recorder installed that also –


(1) Is installed in accordance with the requirements of § 23.1457 (except for paragraph (a)(6) or § 25.1457 (except for paragraph (a)(6)) of this chapter, as applicable;


(2) Retains at least the last 2 hours of recorded information using a recorder that meets the standards of TSO-C123a, or later revision; and


(3) Is operated continuously from the use of the checklist before the flight to completion of the final checklist at the end of the flight.


(4) For all airplanes manufactured on or after December 6, 2010, also meets the requirements of § 23.1457(a)(6) or § 25.1457(a)(6) of this chapter, as applicable.


(k) All airplanes required by this part to have a cockpit voice recorder and a flight data recorder, that install datalink communication equipment on or after December 6, 2010, must record all datalink messages as required by the certification rule applicable to the airplane.


[Doc. No. 6258, 29 FR 19205, Dec. 31, 1964]


Editorial Note:For Federal Register citations affecting § 121.359, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

§ 121.360 [Reserved]

Subpart L – Maintenance, Preventive Maintenance, and Alterations


Source:Docket No. 6258, 29 FR 19210, Dec. 31, 1964, unless otherwise noted.

§ 121.361 Applicability.

(a) Except as provided by paragraph (b) of this section, this subpart prescribes requirements for maintenance, preventive maintenance, and alterations for all certificate holders.


(b) The Administrator may amend a certificate holder’s operations specifications to permit deviation from those provisions of this subpart that would prevent the return to service and use of airframe components, powerplants, appliances, and spare parts thereof because those items have been maintained, altered, or inspected by persons employed outside the United States who do not hold U.S. airman certificates. Each certificate holder who uses parts under this deviation must provide for surveillance of facilities and practices to assure that all work performed on these parts is accomplished in accordance with the certificate holder’s manual.


[Doc. No. 8754, 33 FR 14406, Sept. 25, 1968]


§ 121.363 Responsibility for airworthiness.

(a) Each certificate holder is primarily responsible for –


(1) The airworthiness of its aircraft, including airframes, aircraft engines, propellers, appliances, and parts thereof; and


(2) The performance of the maintenance, preventive maintenance, and alteration of its aircraft, including airframes, aircraft engines, propellers, appliances, emergency equipment, and parts thereof, in accordance with its manual and the regulations of this chapter.


(b) A certificate holder may make arrangements with another person for the performance of any maintenance, preventive maintenance, or alterations. However, this does not relieve the certificate holder of the responsibility specified in paragraph (a) of this section.


[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-106, 38 FR 22378, Aug. 20, 1973]


§ 121.365 Maintenance, preventive maintenance, and alteration organization.

(a) Each certificate holder that performs any of its maintenance (other than required inspections), preventive maintenance, or alterations, and each person with whom it arranges for the performance of that work must have an organization adequate to perform the work.


(b) Each certificate holder that performs any inspections required by its manual in accordance with § 121.369(b)(2) or (3) (in this subpart referred to as required inspections) and each person with whom it arranges for the performance of that work must have an organization adequate to perform that work.


(c) Each person performing required inspections in addition to other maintenance, preventive maintenance, or alterations, shall organize the performance of those functions so as to separate the required inspection functions from the other maintenance, preventive maintenance, and alteration functions. The separation shall be below the level of administrative control at which overall responsibility for the required inspection functions and other maintenance, preventive maintenance, and alteration functions are exercised.


[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-3, 30 FR 3639, Mar. 19, 1965]


§ 121.367 Maintenance, preventive maintenance, and alterations programs.

Each certificate holder shall have an inspection program and a program covering other maintenance, preventive maintenance, and alterations that ensures that –


(a) Maintenance, preventive maintenance, and alterations performed by it, or by other persons, are performed in accordance with the certificate holder’s manual;


(b) Competent personnel and adequate facilities and equipment are provided for the proper performance of maintenance, preventive maintenance, and alterations; and


(c) Each aircraft released to service is airworthy and has been properly maintained for operation under this part.


[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-100, 37 FR 28053, Dec. 20, 1972]


§ 121.368 Contract maintenance.

(a) A certificate holder may arrange with another person for the performance of maintenance, preventive maintenance, and alterations as authorized in § 121.379(a) only if the certificate holder has met all the requirements in this section. For purposes of this section –


(1) A maintenance provider is any person who performs maintenance, preventive maintenance, or an alteration for a certificate holder other than a person who is trained by and employed directly by that certificate holder.


(2) Covered work means any of the following:


(i) Essential maintenance that could result in a failure, malfunction, or defect endangering the safe operation of an aircraft if not performed properly or if improper parts or materials are used;


(ii) Regularly scheduled maintenance; or


(iii) A required inspection item on an aircraft.


(3) Directly in charge means having responsibility for covered work performed by a maintenance provider. A representative of the certificate holder directly in charge of covered work does not need to physically observe and direct each maintenance provider constantly, but must be available for consultation on matters requiring instruction or decision.


(b) Each certificate holder must be directly in charge of all covered work done for it by a maintenance provider.


(c) Each maintenance provider must perform all covered work in accordance with the certificate holder’s maintenance manual.


(d) No maintenance provider may perform covered work unless that work is carried out under the supervision and control of the certificate holder.


(e) Each certificate holder who contracts for maintenance, preventive maintenance, or alterations must develop and implement policies, procedures, methods, and instructions for the accomplishment of all contracted maintenance, preventive maintenance, and alterations. These policies, procedures, methods, and instructions must provide for the maintenance, preventive maintenance, and alterations to be performed in accordance with the certificate holder’s maintenance program and maintenance manual.


(f) Each certificate holder who contracts for maintenance, preventive maintenance, or alterations must ensure that its system for the continuing analysis and surveillance of the maintenance, preventive maintenance, and alterations carried out by the maintenance provider, as required by § 121.373(a), contains procedures for oversight of all contracted covered work.


(g) The policies, procedures, methods, and instructions required by paragraphs (e) and (f) of this section must be acceptable to the FAA and included in the certificate holder’s maintenance manual as required by§ 121.369(b)(10).


(h) Each certificate holder who contracts for maintenance, preventive maintenance, or alterations must provide to its responsible Flight Standards office, in a format acceptable to the FAA, a list that includes the name and physical (street) address, or addresses, where the work is carried out for each maintenance provider that performs work for the certificate holder, and a description of the type of maintenance, preventive maintenance, or alteration that is to be performed at each location. The list must be updated with any changes, including additions or deletions, and the updated list provided to the FAA in a format acceptable to the FAA by the last day of each calendar month.


[Docket FAA-2011-1136, Amdt. 121-371, 80 FR 11546, Mar. 4, 2015, as amended by Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]


§ 121.369 Manual requirements.

(a) The certificate holder shall put in its manual a chart or description of the certificate holder’s organization required by § 121.365 and a list of persons with whom it has arranged for the performance of any of its required inspections, other maintenance, preventive maintenance, or alterations, including a general description of that work.


(b) The certificate holder’s manual must contain the programs required by § 121.367 that must be followed in performing maintenance, preventive maintenance, and alterations of that certificate holder’s airplanes, including airframes, aircraft engines, propellers, appliances, emergency equipment, and parts thereof, and must include at least the following:


(1) The method of performing routine and nonroutine maintenance (other than required inspections), preventive maintenance, and alterations.


(2) A designation of the items of maintenance and alteration that must be inspected (required inspections), including at least those that could result in a failure, malfunction, or defect endangering the safe operation of the aircraft, if not performed properly or if improper parts or materials are used.


(3) The method of performing required inspections and a designation by occupational title of personnel authorized to perform each required inspection.


(4) Procedures for the reinspection of work performed pursuant to previous required inspection findings (buy-back procedures).


(5) Procedures, standards, and limits necessary for required inspections and acceptance or rejection of the items required to be inspected and for periodic inspection and calibration of precision tools, measuring devices, and test equipment.


(6) Procedures to ensure that all required inspections are performed.


(7) Instructions to prevent any person who performs any item of work from performing any required inspection of that work.


(8) Instructions and procedures to prevent any decision of an inspector, regarding any required inspection from being countermanded by persons other than supervisory personnel of the inspection unit, or a person at that level of administrative control that has overall responsibility for the management of both the required inspection functions and the other maintenance, preventive maintenance, and alterations functions.


(9) Procedures to ensure that required inspections, other maintenance, preventive maintenance, and alterations that are not completed as a result of shift changes or similar work interruptions are properly completed before the aircraft is released to service.


(10) Policies, procedures, methods, and instructions for the accomplishment of all maintenance, preventive maintenance, and alterations carried out by a maintenance provider. These policies, procedures, methods, and instructions must be acceptable to the FAA and provide for the maintenance, preventive maintenance, and alterations to be performed in accordance with the certificate holder’s maintenance program and maintenance manual.


(c) The certificate holder must set forth in its manual a suitable system (which may include a coded system) that provides for preservation and retrieval of information in a manner acceptable to the Administrator and that provides –


(1) A description (or reference to data acceptable to the Administrator) of the work performed;


(2) The name of the person performing the work if the work is performed by a person outside the organization of the certificate holder; and


(3) The name or other positive identification of the individual approving the work.


[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-94, 37 FR 15983, Aug. 9, 1972; Amdt. 121-106, 38 FR 22378, Aug. 20, 1973; Docket FAA-2011-1136, Amdt. 121-371, 80 FR 11546, Mar. 4, 2015]


§§ 121.370-121.370a [Reserved]

§ 121.371 Required inspection personnel.

(a) No person may use any person to perform required inspections unless the person performing the inspection is appropriately certificated, properly trained, qualified, and authorized to do so.


(b) No person may allow any person to perform a required inspection unless, at that time, the person performing that inspection is under the supervision and control of an inspection unit.


(c) No person may perform a required inspection if he performed the item of work required to be inspected.


(d) Each certificate holder shall maintain, or shall determine that each person with whom it arranges to perform its required inspections maintains, a current listing of 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 authorized to perform. The certificate holder (or person with whom it arranges to perform its required inspections) shall give written information to each person so authorized describing the extent of his responsibilities, authorities, and inspectional limitations. The list shall be made available for inspection by the Administrator upon request.


§ 121.373 Continuing analysis and surveillance.

(a) Each certificate holder shall establish and maintain a system for the continuing analysis and surveillance of the performance and effectiveness of its inspection program and the program covering other maintenance, preventive maintenance, and alterations and for the correction of any deficiency in those programs, regardless of whether those programs are carried out by the certificate holder or by another person.


(b) Whenever the Administrator finds that either or both of the programs described in paragraph (a) of this section does not contain adequate procedures and standards to meet the requirements of this part, the certificate holder shall, after notification by the Administrator, make any changes in those programs that are necessary to meet those requirements.


(c) A certificate holder may petition the Administrator to reconsider the notice to make a change in a program. The petition must be filed with the responsible Flight Standards office charged with the overall inspection of the certificate holder’s operations within 30 days after the certificate holder receives the notice. Except in the case of an emergency requiring immediate action in the interest of safety, the filing of the petition stays the notice pending a decision by the Administrator.


[Doc. No. 6258, 29 FR 19210, Dec. 31, 1964, as amended by Amdt. 121-207, 54 FR 39293, Sept. 25, 1989; Amdt. 121-253, 61 FR 2611, Jan. 26, 1996; Docket FAA-2018-0119, Amdt. 121-380, 83 FR 9173, Mar. 5, 2018]


§ 121.374 Continuous airworthiness maintenance program (CAMP) for two-engine ETOPS.

In order to conduct an ETOPS flight using a two-engine airplane, each certificate holder must develop and comply with the ETOPS continuous airworthiness maintenance program, as authorized in the certificate holder’s operations specifications, for each airplane-engine combination used in ETOPS. The certificate holder must develop this ETOPS CAMP by supplementing the manufacturer’s maintenance program or the CAMP currently approved for the certificate holder. This ETOPS CAMP must include the following elements:


(a) ETOPS maintenance document. The certificate holder must have an ETOPS maintenance document for use by each person involved in ETOPS.


(1) The document must –


(i) List each ETOPS significant system,


(ii) Refer to or include all of the ETOPS maintenance elements in this section,


(iii) Refer to or include all supportive programs and procedures,


(iv) Refer to or include all duties and responsibilities, and


(v) Clearly state where referenced material is located in the certificate holder’s document system.


(b) ETOPS pre-departure service check. Except as provided in Appendix P of this part, the certificate holder must develop a pre-departure check tailored to their specific operation.


(1) The certificate holder must complete a pre-departure service check immediately before each ETOPS flight.


(2) At a minimum, this check must –


(i) Verify the condition of all ETOPS Significant Systems;


(ii) Verify the overall status of the airplane by reviewing applicable maintenance records; and


(iii) Include an interior and exterior inspection to include a determination of engine and APU oil levels and consumption rates.


(3) An appropriately trained maintenance person, who is ETOPS qualified, must accomplish and certify by signature ETOPS specific tasks. Before an ETOPS flight may commence, an ETOPS pre-departure service check (PDSC) Signatory Person, who has been authorized by the certificate holder, must certify by signature, that the ETOPS PDSC has been completed.


(4) For the purposes of this paragraph (b) only, the following definitions apply:


(i) ETOPS qualified person: A person is ETOPS qualified when that person satisfactorily completes the operator’s ETOPS training program and is authorized by the certificate holder.


(ii) ETOPS PDSC Signatory Person: A person is an ETOPS PDSC Signatory Person when that person is ETOPS qualified and that person:


(A) When certifying the completion of the ETOPS PDSC in the United States:


(1) Works for an operator authorized to engage in part 121 operation or works for a part 145 repair station; and


(2) Holds a U.S. Mechanic’s Certificate with airframe and powerplant ratings.


(B) When certifying the completion of the ETOPS PDSC outside of the U.S. holds a certificate in accordance with § 43.17(c)(1) of this chapter; or


(C) When certifying the completion of the ETOPS PDSC outside the U.S. holds the certificates needed or has the requisite experience or training to return aircraft to service on behalf of an ETOPS maintenance entity.


(iii) ETOPS maintenance entity: An entity authorized to perform ETOPS maintenance and complete ETOPS PDSC and that entity is:


(A) Certificated to engage in part 121 operations;


(B) Repair station certificated under part 145 of this chapter; or


(C) Entity authorized pursuant to § 43.17(c)(2) of this chapter.


(c) Limitations on dual maintenance. (1) Except as specified in paragraph (c)(2), the certificate holder may not perform scheduled or unscheduled dual maintenance during the same maintenance visit on the same or a substantially similar ETOPS Significant System listed in the ETOPS maintenance document, if the improper maintenance could result in the failure of an ETOPS Significant System.


(2) In the event dual maintenance as defined in paragraph (c)(1) of this section cannot be avoided, the certificate holder may perform maintenance provided:


(i) The maintenance action on each affected ETOPS Significant System is performed by a different technician, or


(ii) The maintenance action on each affected ETOPS Significant System is performed by the same technician under the direct supervision of a second qualified individual; and


(iii) For either paragraph (c)(2)(i) or (ii) of this section, a qualified individual conducts a ground verification test and any in-flight verification test required under the program developed pursuant to paragraph (d) of this section.


(d) Verification program. The certificate h