375 Part 129—Operations: Foreign Air Carriers and Foreign Op- Erators of U.S.-Registered Aircraft Engaged in Com- Mon Carriage

Federal Aviation Administration, DOT § 129.1

17 For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%. 18 For all aircraft manufactured on or after December 6, 2010, the seconds per sampling interval is 0.125. Each input must be recorded at this rate. Alternately sampling inputs (interleaving) to meet this sampling interval is prohibited. 19 For all 737 model airplanes manufactured between August 19, 2000, and April 6, 2010: The seconds per sampling interval is 0.5 per control input; the remarks regarding the sampling rate do not apply; a single control wheel force transducer installed on the left cable control is acceptable provided the left and right control wheel positions also are recorded.

[Doc. No. 28109, 62 FR 38390, July 17, 1997; 62 FR 48135, Sept. 12, 1997, as amended by Amdt. 125–32, 64 FR 46121, Aug. 24, 1999; 65 FR 2295, Jan. 14, 2000; Amdt. 125–32, 65 FR 2295, Jan. 14, 2000; Amdt. 125–34, 65 FR 51745, Aug. 24, 2000; 65 FR 81735, Dec. 27, 2000; Amdt. 125–39, 67 FR 54323, Aug. 21, 2002; Amdt. 125–42, 68 FR 42937, July 18, 2003; 68 FR 50069, Aug. 20, 2003; 68 FR 53877, Sept. 15, 2003; Amdt. 125–54, 73 FR 12568, Mar. 7, 2008; Amdt. 125–56, 73 FR 73180, Dec. 2, 2008; Amdt. 125–60, 75 FR 17046, Apr. 5, 2010; Amdt. 125–59, 75 FR 7357, Feb. 19, 2010; Amdt. 125– 62, 78 FR 39971, July 3, 2013]

PART 129—OPERATIONS: FOREIGN 129.105 Aging airplane inspections and records reviews for U.S.- registered mul- AIR CARRIERS AND FOREIGN OP- tiengine aircraft. ERATORS OF U.S.-REGISTERED 129.107 Repairs assessment for pressurized AIRCRAFT ENGAGED IN COM- fuselages. MON CARRIAGE 129.109 Supplemental inspections for U.S.- registered aircraft. 129.111 Electrical wiring interconnection Sec. systems (EWIS) maintenance program. SPECIAL FEDERAL AVIATION REGULATION NO. 129.113 Fuel tank system maintenance pro- 97 [NOTE] gram. 129.115 Limit of validity. Subpart A—General 129.117 Flammability reduction means. 129.1 Applicability and definitions. 129.5 Operations specifications. Subpart C—Special Federal Aviation 129.7 Application, issuance, or denial of op- Regulations erations specifications. 129.201 SFAR No. 111—Lavatory Oxygen 129.9 Contents of operations specifications. Systems. 129.11 Amendment, suspension and termi- APPENDIX A TO PART 129 [RESERVED] nation of operations specifications. 129.13 Airworthiness and registration cer- AUTHORITY: 49 U.S.C. 1372, 40113, 40119, tificates. 44101, 44701–44702, 44705, 44709–44711, 44713, 129.14 Maintenance program and minimum 44716–44717, 44722, 44901–44904, 44906, 44912, equipment list requirements for U.S.-reg- 46105, Pub. L. 107–71 sec. 104. istered aircraft. SOURCE: Docket No. 1994, 29 FR 1720, Feb. 5, 129.15 Flightcrew member certificates. 1964, unless otherwise noted. 129.17 Aircraft communication and navigation equipment for operations under IFR SPECIAL FEDERAL AVIATION REGULATION or over the top. NO. 97 129.18 Collision Avoidance System. 129.19 Air traffic rules and procedures. 129.20 Digital flight data recorders. EDITORIAL NOTE: For the text of SFAR No. 129.21 Control of traffic. 97, see part 91 of this chapter. 129.22 Communication and navigation equipment for rotorcraft operations Subpart A—General under VFR over routes navigated by pilotage. § 129.1 Applicability and definitions. 129.23 Transport category cargo service airplanes: Increased zero fuel and landing (a) Foreign air carrier operations in the weights. United States. This part prescribes rules 129.24 Cockpit voice recorders. governing the operation within the 129.25 Airplane security. United States of each foreign air car- 129.28 Flightdeck security. rier holding the following: 129.29 Smoking prohibitions. (1) A permit issued by the U.S. De- partment of Transportation under 49 Subpart B—Continued Airworthiness and U.S.C. 41301 through 41306, or Safety Improvements (2) Other appropriate economic or ex- 129.101 Purpose and definition. emption authority issued by the U.S. 129.103 [Reserved] Department of Transportation.

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(b) Operations of U.S.-registered air- States in common carriage without, or craft solely outside the United States. In in violation of, appropriate operations addition to the operations specified specifications. under paragraph (a) of this section, (e) Each foreign air carrier must keep §§ 129.5, 129.7, 129.9, 129.11, 129.14, 129.20 each of its employees and other persons and 129.24, and subpart B of this part used in its operations informed of the also apply to operations of U.S.-reg- provisions of its operations specifica- istered aircraft operated solely outside tions that apply to that employee’s or the United States in common carriage person’s duties and responsibilities. by a foreign person or foreign air car- (f) Operations specifications issued rier. under this part are effective until— (c) Definitions. For the purpose of this (1) The foreign air carrier or foreign part— person surrenders them to the FAA; (1) Foreign person means any person (2) The Administrator suspends or who is not a citizen of the United terminates the operations specifica- States and who operates a U.S.-reg- tions; or istered aircraft in common carriage (3) The operations specifications are solely outside the United States. amended as provided in § 129.11. (2) Years in service means the calendar (g) Within 30 days after a foreign air time elapsed since an aircraft was carrier or foreign person terminates issued its first U.S. or first foreign air- operations under part 129 of this sub- worthiness certificate. chapter, the operations specifications [Doc. No. FAA–1999–5401, 67 FR 72762, Dec. 6, must be surrendered by the foreign air 2002, as amended by Amdt. 129–43, 72 FR carrier or foreign person to the respon- 63413, Nov. 8, 2007; Amdt. 129–45, 73 FR 12570, sible Flight Standards District Office. Mar. 7, 2008; Amdt. 129–45, 74 FR 32801, July (h) No person operating under this 9, 2009; Amdt. 129–49, 76 FR 7489, Feb. 10, 2011] part may operate or list on its operations specifications any airplane list- § 129.5 Operations specifications. ed on operations specifications issued (a) Each foreign air carrier con- under part 125 of this chapter. ducting operations within the United States, and each foreign air carrier or [Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, foreign person operating U.S.-reg- 2011] istered aircraft solely outside the § 129.7 Application, issuance, or denial United States in common carriage of operations specifications. must conduct its operations in accordance with operations specifications (a) A foreign air carrier or foreign issued by the Administrator under this person applying to the FAA for oper- part. ations specifications under this part (b) Each foreign air carrier con- must submit an application— ducting operations within the United (1) In a form and manner prescribed States must conduct its operations in by the Administrator; and accordance with the Standards con- (2) At least 90 days before the in- tained in Annex 1 (Personnel Licens- tended date of operation. ing), Annex 6 (Operation of Aircraft), (b) An authorized officer or employee Part I (International Commercial Air of the applicant, having knowledge of Transport—Aeroplanes) or Part III the matters stated in the application, (International Operations—Heli- must sign the application and certify copters), as appropriate, and in Annex 8 in writing that the statements in the (Airworthiness of Aircraft) to the Con- application are true. The application vention on International Civil Avia- must include two copies of the appro- tion. priate written authority issued to that (c) No foreign air carrier may operate officer or employee by the applicant. to or from locations within the United (c) A foreign applicant may be issued States without, or in violation of, ap- operations specifications, if after re- propriate operations specifications. view, the Administrator finds the ap- (d) No foreign air carrier or foreign plicant— person shall operate U.S.-registered (1) Meets the applicable requirements aircraft solely outside the United of this part;

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(2) Holds the economic or exemption istered aircraft solely outside the authority required by the Department United States in common carriage in of Transportation, applicable to the op- accordance with § 129.1(b) shall in- erations to be conducted; clude— (3) Complies with the applicable secu- (1) The specific location and mailing rity requirements of 49 CFR chapter address of the principal place of busi- XII; ness in the State of the Operator and, (4) Is properly and adequately if different, the address that will serve equipped to conduct the operations de- as the primary point of contact for cor- scribed in the operations specifica- respondence between the FAA and the tions; and foreign air carrier or foreign person; (5) Holds a valid air operator certifi- (2) Within 1 year after February 10, cate issued by the State of the Oper- 2011, the designation of an agent for ator. service within the United States, in- (d) An application may be denied if cluding the agent’s full name and office the Administrator finds that the appli- address or usual place of residence; cant is not properly or adequately (3) In the case of a foreign air carrier, equipped to conduct the operations to the certificate number and validity of be described in the operations speci- the foreign air carrier’s Air Operator fications. Certificate issued by the State of the [Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, Operator; 2011] (4) Any other business names under which the foreign air carrier or foreign § 129.9 Contents of operations speci- person may operate; fications. (5) The type, registration markings, (a) The contents of operations speci- and serial number of each United fications issued to a foreign air carrier States registered aircraft authorized conducting operations within the for use; United States under § 129.1(a) shall in- (6) The approved maintenance pro- clude: gram and minimum equipment list for (1) The specific location and mailing United States registered aircraft au- address of the applicant’s principal thorized for use; and place of business in the State of the (7) Any other item the Administrator Operator and, if different, the address determines is necessary. that will serve as the primary point of [Doc. No. FAA–2009–0140; 76 FR 7489, Feb. 10, contact for correspondence between the 2011; Amdt. 129–49–A, 76 FR 15212, Mar. 21, FAA and the foreign air carrier; 2011] (2) Within 1 year after February 10, 2011, the designation of an agent for § 129.11 Amendment, suspension and service within the United States, in- termination of operations specifica- cluding the agent’s full name and office tions. address or usual place of residence; (a) The Administrator may amend (3) The certificate number and valid- any operations specifications issued ity of the foreign air carrier’s Air Oper- under this part if— ator Certificate issued by the State of (1) The Administrator determines the Operator; that safety in air commerce and the (4) Each regular and alternate airport public interest require the amendment; to be used in scheduled operations; or (5) The type of aircraft and registra- (2) The foreign air carrier or foreign tion markings of each aircraft; person applies for an amendment, and (6) The approved maintenance pro- the Administrator determines that gram and minimum equipment list for safety in air commerce and the public United States registered aircraft au- interest allows the amendment. thorized for use; and (b) The Administrator may suspend (7) Any other item the Administrator or terminate any operations specifica- determines is necessary. tions issued under this part if the Ad- (b) The contents of operations speci- ministrator determines that safety in fications issued to a foreign air carrier air commerce and the public interest or foreign person operating U.S.-reg- require the suspension or termination;

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(c) Except as provided in paragraphs amendment to become effective in (f) and (g) of this section, when the Ad- cases of mergers; acquisitions of airline ministrator initiates an action to operational assets that require an addi- amend, suspend or terminate a foreign tional showing to Department of air carrier or foreign person’s oper- Transportation for economic author- ations specifications, the following ity; major changes in the type of oper- procedure applies: ation; and resumption of operations (1) The responsible Flight Standards following a suspension of operations as District Office notifies the foreign air a result of bankruptcy actions, unless a carrier or foreign person in writing of shorter time is approved by the Admin- the proposed amendment, suspension istrator. or termination. (ii) At least 30 days before the date (2) The responsible Flight Standards proposed by the applicant for the District Office sets a reasonable period amendment to become effective in all (but not less than 7 days) within which other cases. the foreign air carrier or foreign person (2) The application must be sub- may submit written information, mitted to the responsible Flight Stand- views, and arguments on the amend- ards District Office in a form and man- ment, suspension or termination. ner prescribed by the Administrator. (3) After considering all material pre- (3) After considering all material pre- sented, the responsible Flight Stand- sented, the responsible Flight Stand- ards District Office notifies the foreign ards District Office notifies the foreign air carrier or foreign person of— air carrier or foreign person of— (i) The adoption of the proposed (i) The adoption of the applied for amendment, suspension or termi- amendment; nation; (ii) The partial adoption of the ap- (ii) The partial adoption of the pro- plied for amendment; or posed amendment, suspension or termi- (iii) The denial of the applied for nation; or amendment. (iii) The withdrawal of the proposed (4) If the responsible Flight Stand- amendment, suspension or termi- ards District Office approves the nation. amendment, following coordination (4) If the responsible Flight Stand- with the foreign air carrier or foreign ards District Office issues an action to person regarding its implementation, amend, suspend or terminate the oper- the amendment is effective on the date ations specifications, it becomes effec- the responsible Flight Standards Dis- tive not less than 30 days after the for- trict Office approves it. eign air carrier or foreign person re- (e) The foreign air carrier or foreign ceives notice of it unless— person may petition for reconsider- (i) The responsible Flight Standards ation of a full or partial adoption of an District Office finds under paragraph amendment, a denial of an amendment (g) of this section that there is an or a suspension or termination of oper- emergency requiring immediate action ations specifications. with respect to safety in air commerce; (f) When a foreign air carrier or for- or eign person seeks reconsideration of a (ii) The foreign air carrier or foreign decision from the responsible Flight person petitions for reconsideration of Standards District Office concerning the amendment, suspension or termi- the amendment, suspension or termination under paragraph (e) of this sec- nation of operations specifications, the tion. following procedure applies: (d) When the foreign air carrier or (1) The foreign air carrier or foreign foreign person applies for an amend- person must petition for reconsider- ment to its operations specifications, ation of that decision within 30 days the following procedure applies: after the date that the foreign air car- (1) The foreign air carrier or foreign rier or foreign person receives a notice person must file an application to of the decision. amend its operations specifications— (2) The foreign air carrier or foreign (i) At least 90 days before the date person must address its petition to the proposed by the applicant for the Director, Flight Standards Service.

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(3) A petition for reconsideration, if that operation by the country of manu- filed within the 30-day period, suspends facture of the aircraft. the effectiveness of any amendment, suspension or termination issued by [Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as the responsible Flight Standards Dis- amended by Amdt. 129–33, 67 FR 42455, June 21, 2002; Amdt. 129–49, 76 FR 7490, Feb. 10, trict Office unless the responsible 2011] Flight Standards District Office has found, under paragraph (g) of this sec- § 129.14 Maintenance program and tion, that an emergency exists requir- minimum equipment list require- ing immediate action with respect to ments for U.S.-registered aircraft. safety in air transportation or air commerce. (a) Each foreign air carrier and each (g) If the responsible Flight Stand- foreign person operating a U.S.-reg- ards District Office finds that an emer- istered aircraft within or outside the gency exists requiring immediate ac- United States in common carriage tion with respect to safety in air com- must ensure that each aircraft is main- merce or air transportation that makes tained in accordance with a program the procedures set out in this section approved by the Administrator in the impracticable or contrary to the public operations specifications. interest, that office may make the (b) No foreign air carrier or foreign amendment, suspension or termination person may operate a U.S.-registered effective on the day the foreign air car- aircraft with inoperable instruments or rier or foreign person receives notice of equipment unless the following condi- it. In the notice to the foreign air car- tions are met: rier or foreign person, the responsible (1) A master minimum equipment list Flight Standards District Office will exists for the aircraft type. articulate the reasons for its finding (2) The foreign operator submits for that an emergency exists requiring immediate action with respect to safety review and approval its aircraft min- in air transportation or air commerce imum equipment list based on the mas- or that makes it impracticable or con- ter minimum equipment list, to the trary to the public interest to stay the FAA Flight Standards District Office effectiveness of the amendment, sus- having geographic responsibility for pension or termination. the operator. The foreign operator must show, before minimum equipment [Doc. No. FAA–2009–0140, 76 FR 7490, Feb. 10, list approval can be obtained, that the 2011] maintenance procedures used under its § 129.13 Airworthiness and registra- maintenance program are adequate to tion certificates. support the use of its minimum equip- (a) No foreign air carrier may operate ment list. any aircraft within the United States (3) For leased aircraft maintained unless that aircraft carries a current and operated under a U.S. operator’s registration certificate and displays continuous airworthiness maintenance the nationality and registration mark- program and FAA-approved minimum ings of the State of Registry, and an equipment list, the foreign operator airworthiness certificate issued or vali- submits the U.S. operator’s approved dated by: continuous airworthiness maintenance (1) The State of Registry; or program and approved aircraft min- (2) The State of the Operator, pro- imum equipment list to the FAA office vided that the State of the Operator prescribed in paragraph (b)(2) of this and the State of Registry have entered section for review and evaluation. The into an agreement under Article 83bis foreign operator must show that it is of the Convention on International capable of operating under the lessor’s Civil Aviation that covers the aircraft. approved maintenance program and (b) No foreign air carrier may operate a foreign aircraft within the United that it is also capable of meeting the States except in accordance with the maintenance and operational require- limitations on maximum certificated ments specified in the lessor’s approved weights prescribed for that aircraft and minimum equipment list.

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(4) The FAA operations specification approach procedures if a missed ap- permitting the operator to use an approach routing is specified in the pro- proved minimum equipment list is car- cedure) are available and suitable for ried aboard the aircraft. An approved use by the aircraft navigation equip- minimum equipment list, as authorized ment required by this section; by the operations specifications, con- (2) The aircraft used in those oper- stitutes an approved change to the ations is equipped with at least the fol- type design without requiring recertifi- lowing— cation. (i) Except as provided in paragraph (5) The approved minimum equip- (c) of this section, two approved inde- ment list provides for the operation of pendent navigation systems suitable the aircraft with certain instruments for navigating the aircraft along the and equipment in an inoperable condition. route to be flown within the degree of (6) The aircraft records available to accuracy required for ATC; the pilot must include an entry de- (ii) One marker beacon receiver pro- scribing the inoperable instruments viding visual and aural signals; and and equipment. (iii) One ILS receiver; and (7) The aircraft is operated under all (3) Any RNAV system used to meet applicable conditions and limitations the navigation equipment require- contained in the minimum equipment ments of this section is authorized in list and the operations specification the foreign air carrier’s operations authorizing the use of the list. specifications. [Doc. No. 24856, 52 FR 20029, May 28, 1987, as (b) Aircraft communication equipment amended by Amdt. 129–49, 76 FR 7490, Feb. 10, requirements. No foreign air carrier may 2011] operate an aircraft under IFR or over the top, unless it is equipped with— § 129.15 Flightcrew member certifi- (1) At least two independent commu- cates. nication systems necessary under nor- Each person acting as a flightcrew mal operating conditions to fulfill the member must hold a certificate or li- functions specified in § 121.347(a) of this cense that shows the person’s ability to chapter; and perform duties in connection with the (2) At least one of the communica- operation of the aircraft. The certifi- tion systems required by paragraph cate or license must have been issued (b)(1) of this section must have two- or rendered valid by: way voice communication capability. (a) The State in which the aircraft is (c) Use of a single independent naviga- registered; or (b) The State of the Operator, pro- tion system for operations under IFR or vided that the State of the Operator over the top. Notwithstanding the re- and the State of Registry have entered quirements of paragraph (a)(2)(i) of this into an agreement under Article 83bis section, the aircraft may be equipped of the Convention on International with a single independent navigation Civil Aviation that covers the aircraft. system suitable for navigating the aircraft along the route to be flown with- [Doc. No. FAA–2009–0140; 76 FR 7491, Feb. 10, in the degree of accuracy required for 2011] ATC if: § 129.17 Aircraft communication and (1) It can be shown that the aircraft navigation equipment for oper- is equipped with at least one other ations under IFR or over the top. independent navigation system suit- (a) Aircraft navigation equipment re- able, in the event of loss of the naviga- quirements—General. No foreign air car- tion capability of the single inde- rier may conduct operations under IFR pendent navigation system permitted or over the top unless— by this paragraph at any point along (1) The en route navigation aids nec- the route, for proceeding safely to a essary for navigating the aircraft along suitable airport and completing an in- the route (e.g., ATS routes, arrival and strument approach; and departure routes, and instrument ap- (2) The aircraft has sufficient fuel so proach procedures, including missed that the flight may proceed safely to a

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suitable airport by use of the remain- dures, of the areas to be traversed by ing navigation system, and complete him within the United States. an instrument approach and land. (b) Each foreign air carrier shall es- (d) VOR navigation equipment. If VOR tablish procedures to assure that each navigation equipment is required by of its pilots has the knowledge required paragraph (a) or (c) of this section, no by paragraph (a) of this section and foreign air carrier may operate an air- shall check the ability of each of its pi- craft unless it is equipped with at least lots to operate safely according to ap- one approved DME or suitable RNAV plicable rules and procedures. system. (c) Each foreign air carrier shall con- [Doc. No. FAA–2002–14002, 72 FR 31683, June 7, form to the practices, procedures, and 2007] other requirements prescribed by the Administrator for U.S. air carriers for § 129.18 Collision avoidance system. the areas to be operated in. Effective January 1, 2005, any airplane you, as a foreign air carrier, op- § 129.20 Digital flight data recorders. erate under part 129 must be equipped and operated according to the fol- No person may operate an aircraft lowing table: under this part that is registered in the United States unless it is equipped COLLISION AVOIDANCE SYSTEMS with one or more approved flight recorders that use a digital method of re- If you operate in the United States any Then you must operate that airplane cording and storing data and a method ... with: of readily retrieving that data from the (a) Turbine-powered (1) An appropriate class of Mode S storage medium. The flight data re- airplane of more transponder that meets Technical corder must record the parameters than 33,000 Standard Order (TSO) C–112, or a that would be required to be recorded if pounds maximum later version, and one of the certificated take- followign approved units; the aircraft were operated under part off weight. (i) TCAS II that meets TSO C–119b 121, 125, or 135 of this chapter, and must (version 7.0), or takeoff weight a be installed by the compliance times later version. (ii) TCAS II that meets TSO C–119a required by those parts, as applicable (version 6.04A Enhanced) that was to the aircraft. installed in that airplane before May 1, 2003. If that TCAS II version [Doc. No. 28109, 62 FR 38396, July 17, 1997] 6.04A Enhanced no longer can be repaired to TSO C–119a standards, § 129.21 Control of traffic. it must be replaced with a TCAS II that meets TSO C–119b (version (a) Subject to applicable immigration 7.0), or a later version. (iii) A collision avoidance system equiv- laws and regulations, each foreign air alent to TSO C–119b (version 7.0), carrier must furnish sufficient per- or a later version, capable of coordi- sonnel necessary to provide two-way nating with units that meet TSO C– 119a (version 6.04A Enhanced), or a voice communications between its air- later version. craft and stations at places where the (b) Turbine-powered (1) TCAS I that meets TSO C–118, or FAA finds that communication is nec- airplane with a a later version, or passenger-seat (2) A collision avoidance system equiv- essary but cannot be maintained in a configuration, ex- alent to excluding any TSO C–118, language with which station operators cluding any pilot or a later version, or are familiar. seat, or 10–30 (3) A collision avoidance system and seats. Mode S transponder that meet para- (b) Each person furnished by a for- graph (a)(1) of this section. eign air carrier under paragraph (a) of this section must be able to speak [Doc. No. FAA–2001–10910, 68 FR 15903, Apr. 1, English and the language necessary to 2003] maintain communications with its aircraft and must assist station operators § 129.19 Air traffic rules and proce- in directing traffic. dures. (a) Each pilot must be familiar with [Doc. No. FAA–2002–14002, 72 FR 31683, June 7, the applicable rules, the navigational 2007] and communications facilities, and the air traffic control and other proce-

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§ 129.22 Communication and naviga- landing weight may be increased be- tion equipment for rotorcraft oper- yond the maximum approved in full ations under VFR over routes navi- compliance with applicable rules only gated by pilotage. if the Administrator finds that— (a) No foreign air carrier may operate (1) The increase is not likely to re- a rotorcraft under VFR over routes duce seriously the structural strength; that can be navigated by pilotage un- (2) The probability of sudden fatigue less the rotorcraft is equipped with the failure is not noticeably increased; radio communication equipment nec- (3) The flutter, deformation, and vi- essary under normal operating condi- bration characteristics do not fall tions to fulfill the following: below those required by applicable reg- (1) Communicate with at least one ulations; and appropriate station from any point on (4) All other applicable weight limi- the route; tations will be met. (2) Communicate with appropriate air (c) No zero fuel weight may be in- traffic control facilities from any point creased by more than five percent, and within Class B, Class C, or Class D air- the increase in the structural landing space, or within a Class E surface area weight may not exceed the amount, in designated for an airport in which pounds, of the increase in zero fuel flights are intended; and weight. (3) Receive meteorological informa- (d) Each airplane must be inspected tion from any point en route. in accordance with the approved spe- (b) No foreign air carrier may operate cial inspection procedures, for oper- a rotorcraft at night under VFR over ations at increased weights, estab- routes that can be navigated by pilot- lished and issued by the manufacturer age unless that rotorcraft is equipped of the type of airplane. with— (e) A foreign air carrier may not op- (1) Radio communication equipment erate an airplane under this section un- necessary under normal operating con- less the country of registry requires ditions to fulfill the functions specified the airplane to be operated in accord- in paragraph (a) of this section; and ance with the passenger-carrying (2) Navigation equipment suitable for transport category performance oper- the route to be flown. ating limitations in part 121 or the equivalent. [Doc. No. FAA–2002–14002, 72 FR 31683, June 7, (f) The Airplane Flight Manual for 2007] each airplane operated under this section must be appropriately revised to § 129.23 Transport category cargo service airplanes: Increased zero include the operating limitations and fuel and landing weights. information needed for operation at the increased weights. (a) Notwithstanding the applicable (g) Each airplane operated at an in- structural provisions of the transport creased weight under this section category airworthiness regulations, must, before it is used in passenger but subject to paragraphs (b) through service, be inspected under the special (g) of this section, a foreign air carrier inspection procedures for return to pas- may operate (for cargo service only) senger service established and issued any of the following transport category by the manufacturer and approved by airplanes (certificated under part 4b of the Administrator. the Civil Air Regulations effective before March 13, 1956) at increased zero [Doc. No. 6403, 29 FR 19098, Dec. 30, 1964] fuel and landing weights— (1) DC–6A, DC–6B, DC–7B, and DC–7C; § 129.24 Cockpit voice recorders. and No person may operate an aircraft (2) L–1049 B, C, D, E, F, G, and H, and under this part that is registered in the the L–1649A when modified in accord- United States unless it is equipped ance with supplemental type certifi- with an approved cockpit voice re- cate SA 4–1402. corder that meets the standards of (b) The zero fuel weight (maximum TSO–C123a, or later revision. The cock- weight of the airplane with no dispos- pit voice recorder must record the in- able fuel and oil) and the structural formation that would be required to be

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recorded if the aircraft were operated unless the airplane’s flightdeck door under part 121, 125, or 135 of this chap- installation meets the requirements of ter, and must be installed by the com- paragraphs (c)(1) and(2) of this section pliance times required by that part, as or an alternative standard found ac- applicable to the aircraft. ceptable to the Administrator. [Doc. No. FAA–2005–20245, 73 FR 12570, Mar. 7, (1) Except for a newly manufactured 2008] airplane on a non-revenue delivery flight, no foreign air carrier covered by § 129.25 Airplane security. § 129.1(a) may operate: Foreign air carriers conducting oper- (i) After April 9, 2003, a passenger ations under this part must comply carrying transport category airplane with the applicable security require- within the United States, except on ments in 49 CFR chapter XII. overflights, unless the airplane’s [67 FR 8350, Feb. 22, 2002] flightdeck door installation meets the requirements of paragraphs (c)(2) and § 129.28 Flightdeck security. (c)(3) of this section or an alternative (a) After August 20, 2002, except for a standard found acceptable to the Ad- newly manufactured airplane on a non- ministrator. revenue delivery flight, no foreign air (ii) After October 1, 2003, a transport carrier covered by § 129.1(a), may oper- category all-cargo airplane that had a ate: door installed between the pilot com- (1) A passenger carrying transport partment and any other occupied com- category airplane within the United partment on or after June 21, 2002, States, except for overflights, unless within the United States, except on the airplane is equipped with a door be- overflights, unless the airplane’s tween the passenger and pilot compart- flightdeck door installation meets the ment that incorporates features to re- requirements of paragraphs (c)(2) and strict the unwanted entry of persons (c)(3) of this section or an alternative into the flightdeck that are operable standard found acceptable to the Ad- from the flightdeck only; or ministrator; or the operator must im- (2) A transport category all-cargo plement a security program approved airplane within the United States, ex- by the Transportation Security Admin- cept for overflights, that has a door in- istration (TSA) for the operation of all stalled between the pilot compartment airplanes in that operator’s fleet. and any other occupied compartment (2) The door must resist forcible in- on or after June 21, 2002, unless the trusion by unauthorized persons and be door incorporates features to restrict capable of withstanding impacts of 300 the unwanted entry of persons into the joules (221.3 foot-pounds) at the critical flightdeck that are operable from the locations on the door, as well as a 1,113- flightdeck only. newton (250 pounds) constant tensile (b) To the extent necessary to meet load on the knob or handle, and the requirements of paragraph (a) of this section, the requirements of (3) The door must resist penetration § 129.13(a) to maintain airworthiness by small arms fire and fragmentation certification are waived until April 9, devices to a level equivalent to Level 2003. After that date, the requirements IIIa of the National Institute of Justice of § 129.13(a) apply in full. Standard (NIJ) 0101.04. (c) After April 9, 2003, except for a (d) After August 20, 2002, no foreign newly manufactured airplane on a non- air carrier covered by § 129.1 may oper- revenue delivery flight, no foreign air ate a passenger carrying transport cat- carrier covered by § 129.1(a) may oper- egory airplane, or a transport category ate a passenger carrying transport cat- all-cargo airplane that has a door in- egory airplane, or a transport category stalled between the pilot compartment all-cargo airplane that has a door in- and any other occupied compartment stalled between the pilot compartment on or after June 21, 2002, within the and any other occupied compartment United States, except for overflights, on or after June 21, 2002, within the unless the carrier has procedures in United States, except for overflights, place that are acceptable to the civil

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aviation authority responsible for over- Subpart B—Continued Airworthi- sight of the foreign air carriers oper- ness and Safety Improve- ating under this part to prevent access to the flightdeck except as authorized ments as follows: § 129.101 Purpose and definition. (1) No person other than a person who is assigned to perform duty on the (a) This subpart requires a foreign flight deck may have a key to the person or foreign air carrier operating flight deck door that will provide ac- a U.S. registered airplane in common cess to the flightdeck. carriage to support the continued air- (2) Except when it is necessary to worthiness of each airplane. These re- permit access and egress by persons au- quirements may include, but are not thorized in accordance with paragraph limited to, revising the maintenance (d)(3) of this section, a pilot in com- program, incorporating design changes, mand of an airplane that has a lock- and incorporating revisions to Instruc- able flight deck door in accordance tions for Continued Airworthiness. with § 129.28(a) and that is carrying pas- (b) For purposes of this subpart, the sengers shall ensure that the door sepa- rating the flight crew compartment ‘‘FAA Oversight Office’’ is the aircraft from the passenger compartment is certification office or office of the closed and locked at all times when the Transport Airplane Directorate with airplane is being operated. oversight responsibility for the rel- (3) No person may admit any person evant type certificate or supplemental to the flight deck of an airplane unless type certificate, as determined by the the person being admitted is— Administrator. (i) A crewmember, [Amdt. 129–43, 72 FR 63413, Nov. 8, 2007] (ii) An inspector of the civil aviation authority responsible for oversight of § 129.103 [Reserved] the part 129 operator, or (iii) Any other person authorized by § 129.105 Aging airplane inspections the civil aviation authority responsible and records reviews for U.S.-reg- for oversight of the part 129 operator. istered multiengine aircraft. (e) The requirements of paragraph (a) through (d) except (d)(3), do not apply (a) Operation after inspection and to transport category passenger car- records review. After the dates specified rying airplanes originally type certifi- in this paragraph, a foreign air carrier cated with a maximum passenger seat- or foreign person may not operate a ing configuration of 19 seats or less, or U.S.-registered multiengine airplane to all-cargo airplanes with a payload under this part unless the Adminis- capacity of 7,500 pounds or less. trator has notified the foreign air carrier or foreign person that the Admin- [Doc. No. FAA–2002–12504, 67 FR 79824, Dec. 30, 2002, as amended by Amdt. 129–38, 68 FR istrator has completed the aging air- 42882, July 18, 2003] plane inspection and records review required by this section. During the in- § 129.29 Smoking prohibitions. spection and records review, the for- (a) No person may smoke and no op- eign air carrier or foreign person must erator may permit smoking in any air- demonstrate to the Administrator that craft lavatory. the maintenance of age sensitive parts (b) Unless otherwise authorized by and components of the airplane has the Secretary of Transportation, no been adequate and timely enough to person may smoke and no operator ensure the highest degree of safety. may permit smoking anywhere on the (1) Airplanes exceeding 24 years in serv- aircraft (including the passenger cabin ice on December 8, 2003; initial and re- and the flight deck) during scheduled petitive inspections and records reviews. passenger foreign air transportation or For an airplane that has exceeded 24 during any scheduled passenger inter- years in service on December 8, 2003, no state or intrastate air transportation. later than December 5, 2007, and there- [Doc. No. FAA–2000–7467, 65 FR 36780, June 9, after at intervals not to exceed 7 years. 2000]

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(2) Airplanes exceeding 14 years in serv- (9) A list of major structural alter- ice but not 24 years in service on Decem- ations; and ber 8, 2003; initial and repetitive inspec- (10) A report of major structural re- tions and records reviews. For an air- pairs and the current inspection status plane that has exceeded 14 years in for those repairs. service, but not 24 years in service, on (d) Notification to Administrator. Each December 8, 2003, no later than Decem- foreign air carrier or foreign person ber 4, 2008, and thereafter at intervals must notify the Administrator at least not to exceed 7 years. 60 days before the date on which the (3) Airplanes not exceeding 14 years in airplane and airplane records will be service on December 8, 2003; initial and made available for the inspection and repetitive inspections and records reviews. records review. For an airplane that has not exceeded 14 years in service on December 8, 2003, [Doc. No. FAA–1999–5401, 67 FR 72763, Dec. 6, no later than 5 years after the start of 2002, as amended by Amdt. 129–34, 70 FR 5533, Feb. 2, 2005; Amdt. 129–41, 70 FR 23936, May 6, the airplane’s 15th year in service and 2005. Redesignated by Amdt. 129–43, 72 FR thereafter at intervals not to exceed 7 63413, Nov. 8, 2007] years. (b) Unforeseen schedule conflict. In the § 129.107 Repairs assessment for pres- event of an unforeseen scheduling con- surized fuselages. flict for a specific airplane, the Admin- (a) No foreign air carrier or foreign istrator may approve an extension of persons operating a U.S. registered air- up to 90 days beyond an interval speci- plane may operate an Airbus Model fied in paragraph (b) of this section. A300 (excluding ¥600 series), British (c) Airplane and records availability. Aerospace Model BAC 1–11, Boeing The foreign air carrier or foreign per- Model 707, 720, 727, 737, or 747, McDon- son must make available to the Admin- nell Douglas Model DC–8, DC–9/MD–80 istrator each U.S.-registered multien- or DC–10, Fokker Model F28, or Lock- gine airplane for which an inspection heed Model L–1011 beyond the applica- and records review is required under ble flight cycle implementation time this section, in a condition for inspec- specified below, or May 25, 2001, which- tion specified by the Administrator, to- ever occurs later, unless operations gether with the records containing the specifications have been issued to ref- following information: erence repair assessment guidelines ap- (1) Total years in service of the air- plicable to the fuselage pressure bound- plane; ary (fuselage skin, door skin, and bulk- (2) Total time in service of the air- head webs), and those guidelines are in- frame; corporated in its maintenance pro- (3) Total flight cycles of the air- gram. The repair assessment guidelines frame; must be approved by the FAA Aircraft (4) Date of the last inspection and Certification Office (ACO), or office of records review required by this section; the Transport Airplane Directorate, (5) Current status of life-limited having cognizance over the type cer- parts of the airframe; tificate for the affected airplane. (6) Time since the last overhaul of all (1) For the Airbus Model A300 (ex- structural components required to be cluding the –600 series), the flight cycle overhauled on a specific time basis; implementation time is: (7) Current inspection status of the (i) Model B2: 36,000 flights. airplane, including the time since the (ii) Model B4–100 (including Model last inspection required by the inspec- B4–2C): 30,000 flights above the window tion program under which the airplane line, and 36,000 flights below the win- is maintained; dow line. (8) Current status of applicable air- (iii) Model B4–200: 25,500 flights above worthiness directives, including the the window line, and 34,000 flights date and methods of compliance, and if below the window line. the airworthiness directive involves re- (2) For all models of the British Aero- curring action, the time and date when space BAC 1–11, the flight cycle imple- the next action is required; mentation time is 60,000 flights.

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(3) For all models of the Boeing 707, airplane includes FAA-approved dam- the flight cycle implementation time is age-tolerance-based inspections and 15,000 flights. procedures for airplane structure sus- (4) For all models of the Boeing 720, ceptible to fatigue cracking that could the flight cycle implementation time is contribute to a catastrophic failure. 23,000 flights. For the purpose of this section, this (5) For all models of the Boeing 727, structure is termed ‘‘fatigue critical the flight cycle implementation time is structure.’’ 45,000 flights. (2) Adverse effects of repairs, alter- (6) For all models of the Boeing 737, ations, and modifications. The mainte- the flight cycle implementation time is nance program for the airplane in- 60,00 flights. cludes a means for addressing the ad- (7) For all models of the Boeing 747, verse effects repairs, alterations, and the flight cycle implementation time is modifications may have on fatigue 15,000 flights. critical structure and on inspections (8) For all models of the McDonnell required by paragraph (b)(1) of this sec- Douglas DC–8, the flight cycle imple- tion. The means for addressing these mentation time is 30,000 flights. adverse effects must be approved by (9) For all models of the McDonnell the FAA Oversight Office. Douglas DC–9/MD–80, the flight cycle (3) Changes to maintenance program. implementation time is 60,000 flights. The changes made to the maintenance (10) For all models of the McDonnell program required by paragraph (b)(1) Douglas DC–10, the flight cycle imple- and (b)(2) of this section, and any later mentation time is 30,000 flights. revisions to these changes, must be (11) For all models of the Lockheed submitted to the Principal Mainte- L–1011, the flight cycle implementation nance Inspector for review and ap- time is 27,000 flights. proval. (12) For the Fokker F–28 Mark 1000, [Doc. No. FAA–1999–5401, 70 FR 5532, Feb. 2, 2000, 3000, and 4000, the flight cycle im- 2005. Redesignated by Amdt. 129–43, 72 FR plementation time is 60,000 flights. 63413, Nov. 8, 2007; Amdt. 129–44, 72 FR 70508, (b) [Reserved] Dec. 12, 2007]

[Doc. No. 29104, 65 FR 24126, Apr. 25, 2000; 65 § 129.111 Electrical wiring inter- FR 35703, June 5, 2000, as amended by Amdt. connection systems (EWIS) mainte- 129–30, 66 FR 23131, May 7, 2001; Amdt. 129–35, nance program. 67 FR 72834, Dec. 9, 2002; Amdt. 129–39, 69 FR 45942, July 30, 2004. Redesignated and amend- (a) Except as provided in paragraph ed by Amdt. 129–43, 72 FR 63413, Nov. 8, 2007] (f) of this section, this section applies to transport category, turbine-powered § 129.109 Supplemental inspections for airplanes with a type certificate issued U.S.-registered aircraft. after January 1, 1958, that, as a result (a) Applicability. This section applies of original type certification or later to U.S.-registered, transport category, increase in capacity, have— turbine powered airplanes with a type (1) A maximum type-certificated pas- certificate issued after January 1, 1958 senger capacity of 30 or more, or that as a result of original type certifi- (2) A maximum payload capacity of cation or later increase in capacity 7500 pounds or more. have— (b) After March 10, 2011, no foreign (1) A maximum type certificated pas- person or foreign air carrier may oper- senger seating capacity of 30 or more; ate a U.S.-registered airplane identi- or fied in paragraph (a) of this section un- (2) A maximum payload capacity of less the maintenance program for that 7,500 pounds or more. airplane includes inspections and pro- (b) General requirements. After Decem- cedures for EWIS. ber 20, 2010, a certificate holder may (c) The proposed EWIS maintenance not operate an airplane under this part program changes must be based on unless the following requirements have EWIS Instructions for Continued Air- been met: worthiness (ICA) that have been devel- (1) Baseline Structure. The certificate oped in accordance with the provisions holder’s maintenance program for the of Appendix H of part 25 of this chapter

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applicable to each affected airplane (in- (b) For each U.S.-registered airplane cluding those ICA developed for supple- on which an auxiliary fuel tank is in- mental type certificates installed on stalled under a field approval, before each airplane) and that have been ap- June 16, 2008, the foreign person or for- proved by the FAA Oversight Office. eign air carrier operating the airplane (1) For airplanes subject to § 26.11 of must submit to the FAA Oversight Of- this chapter, the EWIS ICA must com- fice proposed maintenance instructions ply with paragraphs H25.5(a)(1) and (b). for the tank that meet the require- (2) For airplanes subject to § 25.1729 of ments of Special Federal Aviation Reg- this chapter, the EWIS ICA must com- ulation No. 88 (SFAR 88) of this chap- ply with paragraph H25.4 and all of ter. paragraph H25.5. (c) After December 16, 2008, no for- (d) After March 10, 2011, before re- eign person or foreign air carrier may turning a U.S.-registered airplane to operate a U.S.-registered airplane iden- service after any alterations for which tified in paragraph (a) of this section EWIS ICA are developed, the foreign unless the maintenance program for person or foreign air carrier must in- that airplane has been revised to include in the maintenance program for clude applicable inspections, proce- that airplane inspections and procedures, and limitations for fuel tank dures for EWIS based on those ICA. systems. (e) The EWIS maintenance program (d) The proposed fuel tank system changes identified in paragraphs (c) maintenance program revisions must and (d) of this section and any later be based on fuel tank system Instruc- EWIS revisions must be submitted to tions for Continued Airworthiness the Principal Inspector or Flight (ICA) that have been developed in ac- Standards International Field Office cordance with the applicable provisions responsible for review and approval. of SFAR 88 of this chapter or § 25.1529 (f) This section does not apply to the and part 25, Appendix H, of this chap- following airplane models: ter, in effect on June 6, 2001 (including (1) Lockheed L–188 those developed for auxiliary fuel (2) Bombardier CL–44 tanks, if any, installed under supple- (3) Mitsubishi YS–11 mental type certificates or other de- (4) British Aerospace BAC 1–11 sign approval) and that have been ap- (5) Concorde proved by the FAA Oversight Office. (6) deHavilland D.H. 106 Comet 4C (e) After December 16, 2008, before re- (7) VFW–Vereinigte Flugtechnische turning a U.S.-registered airplane to Werk VFW–614 service after any alteration for which (8) Illyushin Aviation IL 96T fuel tank ICA are developed under (9) Bristol Aircraft Britannia 305 SFAR 88, or under § 25.1529 in effect on (10) Handley Page Herald Type 300 June 6, 2001, the foreign person or for- (11) Avions Marcel Dassault—Breguet eign air carrier must include in the Aviation Mercure 100C maintenance program for the airplane (12) Airbus Caravelle inspections and procedures for the fuel (13) Lockheed L–300 tank system based on those ICA. [Amdt. 129–43, 72 FR 63413, Nov. 8, 2007] (f) The fuel tank system maintenance program changes identified in para- § 129.113 Fuel tank system mainte- graphs (d) and (e) of this section and nance program. any later fuel tank system revisions (a) Except as provided in paragraph must be submitted to the Principal In- (g) of this section, this section applies spector or Flight Standards Inter- to transport category, turbine-powered national Field Office responsible for re- airplanes with a type certificate issued view and approval. after January 1, 1958, that, as a result (g) This section does not apply to the of original type certification or later following airplane models: increase in capacity, have— (1) Bombardier CL–44 (1) A maximum type-certificated pas- (2) Concorde senger capacity of 30 or more, or (3) deHavilland D.H. 106 Comet 4C (2) A maximum payload capacity of (4) VFW–Vereinigte Flugtechnische 7500 pounds or more. Werk VFW–614

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(5) Illyushin Aviation IL 96T operate an airplane identified in (6) Bristol Aircraft Britannia 305 § 26.21(g) of this chapter after July 14, (7) Handley Page Herald Type 300 2013, unless an ALS approved under Ap- (8) Avions Marcel Dassault—Breguet pendix H to part 25 or § 26.21 of this Aviation Mercure 100C chapter is incorporated into its main- (9) Airbus Caravelle tenance program. The ALS must— (10) Lockheed L–300 (1) Include an LOV approved under [Amdt. 129–43, 72 FR 63413, Nov. 8, 2007] § 25.571 or § 26.21 of this chapter, as applicable, except as provided in para- § 129.115 Limit of validity. graph (f) of this section; and (a) Applicability. This section applies (2) Be clearly distinguishable within to foreign air carriers or foreign per- its maintenance program sons operating any U.S.-registered (d) Extended limit of validity. No for- transport category, turbine-powered eign air carrier or foreign person may airplane with a maximum takeoff gross operate an airplane beyond the LOV or weight greater than 75,000 pounds and a extended LOV specified in paragraph type certificate issued after January 1, (b)(1), (c), (d), or (f) of this section, as 1958, regardless of whether the max- applicable, unless the following condi- imum takeoff gross weight is a result tions are met: of an original type certificate or a later design change. This section also (1) An ALS must be incorporated into applies to foreign air carriers or for- its maintenance program that— eign persons operating any other U.S.- (i) Includes an extended LOV and any registered transport category, turbine- widespread fatigue damage airworthi- powered airplane with a type certifi- ness limitation items (ALIs) approved cate issued after January 1, 1958, re- under § 26.23 of this chapter; and gardless of the maximum takeoff gross (ii) Is approved under § 26.23 of this weight, for which a limit of validity of chapter; the engineering data that supports the (2) The extended LOV and the air- structural maintenance program (here- worthiness limitation items pertaining after referred to as LOV) is required in to widespread fatigue damage must be accordance with § 25.571 or § 26.21 of this clearly distinguishable within its chapter after January 14, 2011. maintenance program. (b) Limit of validity. No foreign air (e) Principal Maintenance Inspector ap- carrier or foreign person may operate a proval. Foreign air carriers or foreign U.S.-registered airplane identified in persons must submit the maintenance paragraph (a) of this section after the program revisions required by para- applicable date identified in Table 1 of this section, unless an Airworthiness graphs (b), (c), and (d) of this section to Limitations section (ALS) approved the Principal Maintenance Inspector or under Appendix H to part 25 or § 26.21 of Flight Standards International Field this chapter is incorporated into its Office for review and approval. maintenance program. The ALS must— (f) Exception. For any airplane for (1) Include an LOV approved under which an LOV has not been approved as § 25.571 or § 26.21 of this chapter, as ap- of the applicable compliance date spec- plicable, except as provided in para- ified in paragraph (c) or Table 1 of this graph (f) of this section; and section, instead of including an ap- (2) Be clearly distinguishable within proved LOV in the ALS, an operator its maintenance program. must include the applicable default (c) Operation of airplanes excluded LOV specified in Table 1 or Table 2 of from § 26.21. No certificate holder may this section, as applicable, in the ALS.

TABLE 1—AIRPLANES SUBJECT TO § 26.21

Compliance Date— Default LOV Airplane model months after [flight cycles (FC) January 14, 2011 or flight hours (FH)]

Airbus—Existing 1 Models Only: A300 B2–1A, B2–1C, B2K–3C, B2–203 ...... 30 ...... 48,000 FC A300 B4–2C, B4–103 ...... 30 ...... 40,000 FC

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TABLE 1—AIRPLANES SUBJECT TO § 26.21—Continued

Compliance Date— Default LOV Airplane model months after [flight cycles (FC) January 14, 2011 or flight hours (FH)]

A300 B4–203 ...... 30 ...... 34,000 FC A300–600 Series ...... 60 ...... 30,000 FC/67,500 FH A310–200 Series ...... 60 ...... 40,000 FC/60,000 FH A310–300 Series ...... 60 ...... 35,000 FC/60,000 FH A318 Series ...... 60 ...... 48,000 FC/60,000 FH A319 Series ...... 60 ...... 48,000 FC/60,000 FH A320–100 Series ...... 60 ...... 48,000 FC/48,000 FH A320–200 Series ...... 60 ...... 48,000 FC/60,000 FH A321 Series ...... 60 ...... 48,000 FC/60,000 FH A330–200, –300 Series (except WV050 family) (non enhanced) 60 ...... 40,000 FC/60,000 FH A330–200, –300 Series WV050 family (enhanced) ...... 60 ...... 33,000 FC/100,000 FH A330–200 Freighter Series ...... 60 ...... See NOTE. A340–200, –300 Series (except WV 027 and WV050 family) 60 ...... 20,000 FC/80,000 FH (non enhanced). A340–200, –300 Series WV 027 (non enhanced) ...... 60 ...... 30,000 FC/60,000 FH A340–300 Series WV050 family (enhanced) ...... 60 ...... 20,000 FC/100,000 FH A340–500, –600 Series ...... 60 ...... 16,600 FC/100,000 FH A380–800 Series ...... 72 ...... See NOTE. Boeing—Existing 1 Models Only: 717 ...... 60 ...... 60,000 FC/60,000 FH 727 (all series) ...... 30 ...... 60,000 FC 737 (Classics): 737–100, –200, –200C, –300, –400, –500 ...... 30 ...... 75,000 FC 737 (NG): 737–600, –700, –700C, –800, –900, –900ER ...... 60 ...... 75,000 FC 747 (Classics): 747–100, –100B, –100B SUD, –200B, –200C, 30 ...... 20,000 FC –200F, –300, 747SP, 747SR. 747–400: 747–400, –400D, –400F ...... 60 ...... 20,000 FC 757 ...... 60 ...... 50,000 FC 767 ...... 60 ...... 50,000 FC 777–200, –300 ...... 60 ...... 40,000 FC 777–200LR, 777–300ER ...... 72 ...... 40,000 FC 777F ...... 72 ...... 11,000 FC Bombardier—Existing 1 Models Only: CL–600: 2D15 (Regional Jet Series 705), 2D24 (Regional Jet 72 ...... 60,000 FC Series 900). Embraer—Existing 1 Models Only: ERJ 170 ...... 72 ...... See NOTE. ERJ 190 ...... 72 ...... See NOTE. Fokker—Existing 1 Models Only: F.28 Mark 0070, Mark 0100 ...... 30 ...... 90,000 FC Lockheed—Existing 1 Models Only: L–1011 ...... 30 ...... 36,000 FC 188 ...... 30 ...... 26,600 FC 382 (all series) ...... 30 ...... 20,000 FC/50,000 FH McDonnell Douglas—Existing 1 Models Only: DC–8, –8F ...... 30 ...... 50,000 FC/50,000 FH DC–9 (except for MD–80 models) ...... 30 ...... 100,000 FC/100,000 FH MD–80 (DC–9–81, –82, –83, –87, MD–88) ...... 30 ...... 50,000 FC/50,000 FH MD–90 ...... 60 ...... 60,000 FC/90,000 FH DC–10–10, –15 ...... 30 ...... 42,000 FC/60,000 FH DC–10–30, –40, –10F, –30F, –40F ...... 30 ...... 30,000 FC/60,000 FH MD–10–10F ...... 60 ...... 42,000 FC/60,000 FH MD–10–30F ...... 60 ...... 30,000 FC/60,000 FH MD–11, MD–11F ...... 60 ...... 20,000 FC/60,000 FH Maximum Takeoff Gross Weight Changes: All airplanes whose maximum takeoff gross weight has been 30, or within 12 months Not applicable. decreased to 75,000 pounds or below after January 14, after the LOV is ap- 2011, or increased to greater than 75,000 pounds at any proved, or before oper- time by an amended type certificate or supplemental type ating the airplane, certificate. whichever occurs latest. All Other Airplane Models (TCs and amended TCs) not Listed 72, or within 12 months Not applicable. in Table 2. after the LOV is approved, or before operating the airplane, whichever occurs latest. 1 Type certificated as of January 14, 2011. Note: Airplane operation limitation is stated in the Airworthiness Limitation section.

NOTE: Airplane operation limitation is stated in the Airworthiness Limitation section.

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TABLE 2—AIRPLANES EXCLUDED FROM § 26.21

Default LOV [flight Airplane model cycles (FC) or flight hours (FH)]

Airbus: Caravelle ...... 15,000 FC/24,000 FH Avions Marcel Dassault: Breguet Aviation Mercure 100C ...... 20,000 FC/16,000 FH Boeing: Boeing 707 (–100 Series and –200 Series) ...... 20,000 FC Boeing 707 (–300 Series and –400 Series) ...... 20,000 FC Boeing 720 ...... 30,000 FC Bombardier: CL–44D4 and CL–44J ...... 20,000 FC BD–700 ...... 15,000 FH Bristol Aeroplane Company: Britannia 305 ...... 10,000 FC British Aerospace Airbus, Ltd.: BAC 1–11 (all models) ...... 85,000 FC British Aerospace (Commercial Aircraft) Ltd.: Armstrong Whitworth Argosy A.W. 650 Series 101 ...... 20,000 FC BAE Systems (Operations) Ltd.: BAe 146–100A (all models) ...... 50,000 FC BAe 146–200–07 ...... 50,000 FC BAe 146–200–07 Dev ...... 50,000 FC BAe 146–200–11 ...... 50,000 FC BAe 146–200–07A ...... 47,000 FC BAe 146–200–11 Dev ...... 43,000 FC BAe 146–300 (all models) ...... 40,000 FC Avro 146–RJ70A (all models) ...... 40,000 FC Avro 146–RJ85A and 146–RJ100A (all models) ...... 50,000 FC D & R Nevada, LLC: Convair Model 22 ...... 1,000 FC/1,000 FH Convair Model 23M ...... 1,000 FC/1,000 FH deHavilland Aircraft Company, Ltd.: D.H. 106 Comet 4C ...... 8,000 FH Gulfstream: GV ...... 40,000 FH GV–SP ...... 40,000 FH Ilyushin Aviation Complex: IL–96T ...... 10,000 FC/30,000 FH Lockheed: 300–50A01 (USAF C 141A) ...... 20,000 FC

[Doc. No. FAA–2006–24281, 75 FR 69787, Nov. 15, 2010, as amended by Amdt. 129–51, 77 FR 30878, May 24, 2012; Amdt. 129–51A, 77 FR 55107, Sept. 7, 2012]

§ 129.117 Flammability reduction this section (including all-cargo air- means. planes) for which application is made for original certificate of airworthiness (a) Applicability. Except as provided or export airworthiness approval after in paragraph (o) of this section, this December 27, 2010 unless an Ignition section applies to U.S.-registered Mitigation Means (IMM) or Flamma- transport category, turbine-powered bility Reduction Means (FRM) meeting airplanes with a type certificate issued the requirements of § 26.33 of this chap- after January 1, 1958, that as a result of ter is operational. original type certification or later increase in capacity have: TABLE 1 (1) A maximum type-certificated passenger capacity of 30 or more, or Model—Boeing Model—Airbus (2) A maximum payload capacity of 747 Series A318, A319, A320, A321 Series 7,500 pounds or more. 737 Series A330, A340 Series 777 Series (b) New Production Airplanes. Except 767 Series in accordance with § 129.14, no foreign air carrier or foreign person may oper- (c) Auxiliary Fuel Tanks. After the ap- ate an airplane identified in Table 1 of plicable date stated in paragraph (e) of

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this section, no foreign air carrier or (1) Operate an airplane on which IMM foreign person may operate any air- or FRM has been installed before the plane subject § 26.33 of this chapter that dates specified in paragraph (e) of this has an Auxiliary Fuel Tank installed section unless the IMM or FRM is oper- pursuant to a field approval, unless the ational. following requirements are met: (2) Deactivate or remove an IMM or (1) The foreign air carrier or foreign FRM once installed unless it is re- person complies with 14 CFR 26.35 by placed by a means that complies with the applicable date stated in that sec- paragraph (d) of this section. tion. (g) Maintenance Program Revisions. No (2) The foreign air carrier or foreign foreign air carrier or foreign person person installs Flammability Impact may operate an airplane for which air- Mitigation Means (FIMM), if applica- worthiness limitations have been ap- ble, that are approved by the FAA proved by the FAA Oversight Office in Oversight Office. accordance with §§ 26.33, 26.35, or 26.37 (3) Except in accordance with § 129.14, of this chapter after the airplane is the FIMM, if applicable, are oper- modified in accordance with paragraph ational. (d) of this section unless the mainte- (d) Retrofit. After the dates specified nance program for that airplane is re- in paragraph (e) of this section, no for- vised to include those applicable air- eign air carrier or foreign person may worthiness limitations. operate an airplane to which this sec- (h) After the maintenance program is tion applies unless the requirements of revised as required by paragraph (g) of paragraphs (d)(1) and (d)(2) of this sec- this section, before returning an air- tion are met. plane to service after any alteration (1) IMM, FRM or FIMM, if required for which airworthiness limitations are by §§ 26.33, 26.35, or 26.37 of this chapter, required by §§ 25.981, 26.33, 26.35, or 26.37 that are approved by the FAA Over- of this chapter, the foreign person or sight Office, are installed within the foreign air carrier must revise the compliance times specified in para- maintenance program for the airplane graph (e) of this section. to include those airworthiness limita- (2) Except in accordance with § 129.14, tions. the IMM, FRM or FIMM, as applicable, (i) The maintenance program are operational. changes identified in paragraphs (g) (e) Compliance Times. Except as pro- and (h) of this section must be sub- vided in paragraphs (k) and (l) of this mitted to the operator’s assigned section, the installations required by Flight Standards Office or Principal paragraph (d) of this section must be Inspector for review and approval prior accomplished no later than the appli- to incorporation. cable dates specified in paragraph (e)(1) (j) The requirements of paragraph (d) or (e)(2) of this section. of this section do not apply to air- (1) Fifty percent of each foreign air planes operated in all-cargo service, carrier or foreign person’s fleet identi- but those airplanes are subject to para- fied in paragraph (d)(1) of this section graph (f) of this section. must be modified no later than Decem- (k) The compliance dates specified in ber 26, 2014. paragraph (e) of this section may be ex- (2) One hundred percent of each for- tended by one year, provided that— eign air carrier or foreign person’s fleet (1) No later than March 26, 2009, the of airplanes subject to paragraph (d)(1) foreign air carrier or foreign person no- or this section must be modified no tifies its assigned Flight Standards Of- later than December 26, 2017. fice or Principal Inspector that it in- (3) For those foreign air carriers or tends to comply with this paragraph; foreign persons that have only one air- (2) No later than June 24, 2009, the plane for a model identified in Table 1, foreign air carrier or foreign person ap- the airplane must be modified no later plies for an amendment to its oper- than December 26, 2017. ations specifications in accordance (f) Compliance after Installation. Ex- with § 129.11 to include a requirement cept in accordance with § 129.14, no per- for the airplane models specified in son may— Table 2 of this section to use ground

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air conditioning systems for actual (o) Exclusions. The requirements of gate times of more than 30 minutes, this section do not apply to the fol- when available at the gate and oper- lowing airplane models: ational, whenever the ambient tem- (1) Convair CV–240, 340, 440, including perature exceeds 60 degrees Fahrenheit; turbine powered conversions. and (2) Lockheed L–188 Electra. (3) Thereafter, the certificate holder (3) Vickers VC–10. uses ground air conditioning systems (4) Douglas DC–3, including turbine as described in paragraph (k)(2) of this powered conversions. section on each airplane subject to the (5) Bombardier CL–44. extension. (6) Mitsubishi YS–11. (7) BAC 1–11. TABLE 2 (8) Concorde. (9) deHavilland D.H. 106 Comet 4C. Model—Boeing Model—Airbus (10) VFW—Vereinigte Flugtechnische VFW–614. 747 Series A318, A319, A320, A321 Series 737 Series A300, A310 Series (11) Illyushin Aviation IL 96T. 777 Series A330, A340 Series (12) Bristol Aircraft Britannia 305. 767 Series (13) Handley Page Herald Type 300. 757 Series (14) Avions Marcel Dassault—Breguet Aviation Mercure 100C. (l) For any foreign air carrier or for- (15) Airbus Caravelle. eign person for which the operating (16) Fokker F–27/Fairchild Hiller FH– certificate is issued after December 26, 227. 2008, the compliance date specified in (17) Lockheed L–300. paragraph (e) of this section may be extended by one year, provided that the [Doc. No. FAA–2005–22997, 73 FR 42503, July 21, 2008, as amended by Amdt. 129–47, 74 FR foreign air carrier or foreign person 31620, July 2, 2009] meets the requirements of paragraph (k)(2) of this section when its initial operations specifications are issued Subpart C—Special Federal and, thereafter, uses ground air condi- Aviation Regulations tioning systems as described in para- § 129.201 SFAR No. 111—Lavatory Oxy- graph (k)(2) of this section on each air- gen Systems. plane subject to the extension. The requirements of § 121.1500 of this (m) After the date by which any per- chapter also apply to this part. son is required by this section to mod- ify 100 percent of the affected fleet, no [Doc. No. FAA–2011–0186, 76 FR 12556, Mar. 8, person may operate in passenger serv- 2011] ice any airplane model specified in Table 2 of this section unless the air- APPENDIX A TO PART 129 [RESERVED] plane has been modified to comply with § 26.33(c) of this chapter. PART 133—ROTORCRAFT EXTERNAL-LOAD OPERATIONS TABLE 3 Subpart A—Applicability Model—Boeing Model—Airbus Sec. 747 Series A318, A319, A320, A321 Series 133.1 Applicability. 737 Series A300, A310 Series 777 Series A330, A340 Series Subpart B—Certification Rules 767 Series 757 Series 133.11 Certificate required. 133.13 Duration of certificate. (n) No foreign air carrier or foreign 133.14 Carriage of narcotic drugs, mari- person may operate any airplane on huana, and depressant or stimulant drugs which an auxiliary fuel tank is in- or substances. stalled after December 26, 2017 unless 133.15 Application for certificate issuance or renewal. the FAA has certified the tank as com- 133.17 Requirements for issuance of a rotor- pliant with § 25.981 of this chapter, in craft external-load operator certificate. effect on December 26, 2008. 133.19 Rotorcraft.

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