65832 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION B. Applicability are conducted under part 135. Part 121, C. Aircraft Certification which provides the safety requirements Federal Aviation Administration D. Flight Time Limits and Rest for all major air carriers (as well as for Requirements any certificate holder conducting E. Age 60 Rule 14 CFR Parts 91, 119, 121, 125, 127, scheduled or nonscheduled operations and 135 F. Dispatch System G. Airports with airplanes configured with more [Docket No. 28154; Amendment Nos. 91± H. Effective Date and Compliance Schedule than 30 passenger seats), is generally 245, 119, 121±251, 125±23, 127±45, 135±58, VI. Discussion of Specific Proposals considered to have more restrictive SFAR 50±2, SFAR 71 and SFAR 38±12] A. Part 121 Discussion requirements than part 135. The 1. Subpart E—Approval of Routes: regulatory changes were introduced in RIN 2120±AF62 Domestic and Flag Air Carriers order to address the continually 2. Subpart F—Approval of Routes: Commuter Operations and General changing needs of the industry and to Approval of Areas and Routes for fulfill the agency’s statutory Certification and Operations Supplemental Air Carriers and Requirements Commercial Operators requirement. This is the final rule, based 3. Subpart G—Manual Requirements on Notice 95–5. AGENCY: Federal Aviation 4. Subpart H—Airplane Requirements II. History Administration (FAA), DOT. 5. Subpart I—Airplane Performance Historically, the maximum ACTION: Final rule. Operating Limitations 6. Subpart J—Special Airworthiness certificated takeoff weight (MCTW) of SUMMARY: This rule requires certain Requirements an airplane determined both an commuter operators that now conduct 7. Subpart K—Instrument and Equipment airplane’s categorization and operating operations under part 135 to conduct Requirements requirements. Beginning in 1953, 8. Subpart L—Maintenance, Preventive those operations under part 121. The airplanes with an MCTW of 12,500 Maintenance, and Alterations pounds or less were defined as ‘‘small commuter operators affected are those 9. Subpart M—Airman and Crewmember conducting scheduled passenger- Requirements airplanes’’ and were permitted to carry carrying operations in airplanes that 10. Subpart N and O—Training Program fewer than 10 passengers in on-demand have passenger-seating configurations of and Crewmember Qualifications air taxi service. The rules under which 10 to 30 seats (excluding any 11. Subpart P—Aircraft Dispatcher those operations were conducted were crewmember seat) and those conducting Qualifications and Duty Time eventually codified as part 135. scheduled passenger-carrying Limitations: Domestic and Flag Air Airplanes with an MCTW of more than operations in turbojet airplanes Carriers 12,500 pounds were defined as ‘‘large 12. Subparts Q, R, and S—Flight Time airplanes,’’ and most large airplanes regardless of seating configuration. The Limitations and Rest Requirements: rule revises the requirements carried 20 or more passengers in Domestic, Flag, and Supplemental scheduled air transportation. The Civil concerning operating certificates and Operations operations specifications for all part 13. Subpart T—Flight Operations Aeronautics Board (CAB) used the large/ 121, 125, and 135 certificate holders. 14. Subpart U—Dispatching and Flight small dividing line to separate major The rule also requires certain Release Rules airline companies, who were required to management officials for all certificate 15. Subpart V—Records and Reports obtain a Certificate of Public holders under parts 121 and 135. The B. Part 119— Certification: Air Carriers and Convenience and Necessity (CPCN) rule is intended to increase safety in Commercial Operators from the CAB in order to operate in VII. Discussion of Comments Related to Costs interstate commerce as a common scheduled passenger-carrying and Benefits operations and to clarify, update, and carrier, from on-demand air taxi VIII. Regulatory Evaluation Summary operators, who were exempted from consolidate the certification and IX. The Amendments operations requirements for persons obtaining a CPCN. During this time, the CAB issued only who transport passengers or property by Background a small number of CPCN’s to major, air for compensation or hire. I. Introduction publicly-recognized companies, such as EFFECTIVE DATE: January 19, 1996. On March 29, 1995, the Federal Eastern, American, Delta, Pan Am, FOR FURTHER INFORMATION CONTACT: Aviation Administration (FAA) TWA, etc. In contrast, on-demand air Alberta Brown, (202) 267–8321; published a Notice of Proposed taxi operators numbered in the Katherine Hakala, (202) 267–8166; or Rulemaking (NPRM) on ‘‘Commuter thousands. These operators were Dave Catey, (202) 267–8166; Federal Operations and General Certification typically fixed-base, usually at small Aviation Administration, 800 and Operations Requirements’’ (Notice airports, and owned fewer than five Independence Avenue, SW, No. 95–5; 60 FR 16230.) In Notice 95– airplanes. They provided on-demand air Washington, DC 20591. 5, the FAA proposed that commuter transportation as well as other services, operations conducted in airplanes with SUPPLEMENTARY INFORMATION: such as training new pilots and selling 10–30 passenger seats be conducted and renting small airplanes. Typically, Outline of Final Rule under the domestic or flag rules of part the air taxi portion of such an operator’s I. Introduction 121 of title 14 of the Code of Federal business was a small part of that II. History Regulations. Currently, scheduled business and rarely involved any III. The Problem and Related FAA Action passenger-carrying operations in scheduled operations. A. Accident Rate for Commuter Operations airplanes with passenger-seating Beginning in the late 1960’s, airplane B. Public Perception configurations of over 30 seats or more manufacturers began to design and C. Congressional Hearings than 7,500 pounds payload capacity are build small airplanes, that is, less than D. NTSB Study E. Related FAA Action conducted under part 121. Scheduled 12,500 pounds maximum certified IV. The Proposed Rule and General passenger-carrying operations in takeoff weight, that were capable of Description of Comments airplanes with passenger-seating carrying more than 10 passengers, often V. Major Issues configurations of 30 seats or less and close to 20. Some air taxi operators A. General Justification 7,500 pounds or less payload capacity began to offer services that resembled Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65833 the services of the major airlines, given current use of the word ‘‘commuter’’ However, the accident rate for the economic opportunity to operate does not include scheduled passenger- commuter airlines operating under part under the less restrictive requirements carrying operations conducted under 135 continues to be higher than the rate of part 135. Though these scheduled part 121 in airplanes with a seating for domestic part 121 airlines. In the commuter operators began to overtake capacity of 31 to 60 seats. The term past 2 years, several commuter airline some air taxi operations, they still ‘‘commuter category airplane’’ used in accidents occurred that attracted media remained a small percent of the this document refers to airplanes type and public attention and caused thousands of air taxi operators. certificated in that category under part government and industry officials to In 1978, as a result of the Airline 23 in contrast to airplanes type scrutinize the safety system for Deregulation Act, the airline industry certificated under part 25 which are commuter operations under part 135. was deregulated economically and air transport category airplanes. The term These accidents included the carriers were given more freedom to ‘‘nontransport category airplanes’’ is December 1, 1993, crash of a Jetstream enter and exit markets without prior used for commuter category airplanes 3100, operated by Express II (as government economic approval. One of and SFAR 41 and predecessor normal Northwest Airlink), at Hibbing, MN; the the most significant effects of this category airplanes to be operated under January 7, 1994, crash of a Jetstream deregulation was that it allowed major part 121, as well as for some older 4100, operated by Atlantic Coast carriers to eliminate service to smaller airplanes certificated before the Airlines (as United Express), at communities, where such service predecessors of part 25 (parts 04 and 4b Columbus, OH; and the December 13, proved to be uneconomical for the large of the Civil Air Regulations) came into 1994, crash of a Jetstream 3200, aircraft the carriers operated. Major existence. The Department of operated by Flagship Airlines (as carriers were replaced in those Transportation (DOT) uses the term American Eagle), at Raleigh-Durham, communities by the commuter carriers. ‘‘commuter’’ more broadly to include all NC. All of these accidents involved Under this ‘‘hub and spoke’’ system, the scheduled passenger-carrying fatalities. major part 121 air carriers provided operations conducted in airplanes with III.B. Public Perception service to the large metropolitan a passenger-seating capacity of 20 to 60 airports, while the growing class of seats. (Note: The High Density Rule, 14 With the increase in the number of scheduled part 135 air carriers provided CFR part 93 uses ‘‘scheduled flights to many communities conducted service between smaller communities as commuters’’ differently. Its meaning in airplanes with a seating capacity of well as feeder service from the smaller under that part is not relevant to its use 30 seats or less, some members of the communities to the larger cities to in this document.) The term ‘‘regional,’’ public are questioning whether they are connect with the major carriers’ which is used by industry to refer to receiving an appropriate level of safety operations. With these changes, the short-haul, passenger-carrying, in small propeller-driven airplanes traditional two categories of operations scheduled operations conducted under compared to the level of safety they became three categories of operations— part 121 or part 135, is not generally receive in larger aircraft. This public scheduled commuter operations, used by the FAA. concern is partly a result of the traditional air taxis, and traditional integration of commuter carriers with major air carriers. III. The Problem and Related FAA major airlines under an arrangement Also in 1978, in response to the Action known as code-sharing. The term ‘‘code- Airline Deregulation Act, the FAA Recent part 135 commuter accidents sharing’’ refers to the computerized reissued part 135 standards to upgrade have focused public, government, and airline reservation system that lists a commuter and air taxi safety industry attention on the safety of commuter flight in the reservation requirements and make them more like commuter operations. While the safety system under the same code used by a part 121. At that time part 135 level of part 135 commuter operations major carrier. A passenger who books certificate holders were required to meet has continued to improve, accident with a major carrier may have a leg of more stringent requirements in several data, public perception, and recent the flight automatically booked with a areas, including weather reporting, government inquiries show a need for smaller commuter affiliate of the major flightcrew training, maintenance, and additional measures. carrier. qualifications for management With the media attention to recent personnel. III.A. Accident Rate for Commuter commuter accidents, the passenger may Since 1978, the FAA has issued a Operations also believe that the flight involves more number of separate rule changes to The airline industry that uses risk because the smaller airplane and its further align part 135 safety airplanes with a passenger-seating operation may not have to meet the requirements with those in part 121. capacity of 60 or fewer seats to conduct same safety standards. Most passengers Despite this realignment, differences scheduled operations under parts 121 probably do not realize that some between the regulations still exist. The and 135 is an essential part of the air differences in standards are necessary economic incentive to operate under transportation network in the U.S. because of differences in the airplane part 135 still exists because the These airlines now fly more than all and operation and that some of the requirements in part 135 are still less airlines did in 1958. In 1993, over 50 accidents that are categorized by the restrictive than the part 121 million passengers, 12 percent of the media as ‘‘commuter’’ accidents requirements in many instances. total passenger flights in the country, occurred in flights that were being For the remainder of this document were flown by these airlines. Half of conducted under part 121; that is, in the following terms are used in the these passengers were flown in part 135 airplanes with over 30 passenger seats. following ways. ‘‘Commuter,’’ operations, i.e., in aircraft with 30 or The differences in regulations were ‘‘commuter airline,’’ and ‘‘commuter fewer seats. initially based on differences in the operator’’ mean those operators Over the past two decades the safety types of operations and differences in conducting scheduled passenger- record of part 135 commuters has the size of airplanes; these differences in carrying operations under part 135 in greatly improved. The accident rate per many instances still apply. But other airplanes with a passenger-seating 100,000 departures in 1993 was one- differences, such as certain performance capacity of 30 or fewer seats. This fourth the accident rate in 1980. and equipment requirements, 65834 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations operational control requirements, and In the 1994 study, the NTSB requirements of part 121 to make passenger information requirements are examined the differences in flight compliance with the requirements not size- or operationally-based. Some dispatch requirements between parts feasible for operations in smaller, differences between the two sets of 121 and 135. The NTSB found that, in nontransport category airplanes. regulations must be maintained while the absence of support from licensed In response to Notice 95–5, the FAA others can be eliminated to improve the dispatch personnel, it is difficult for a has received over 3,000 comments from safety of commuter operations. part 135 pilot to accomplish several the public. Of these, most are solely on tasks between flights in the short the issue of the Age 60 Rule. Many of III.C. Congressional Hearings periods of time available. The lack of the Age 60 commenters are pilots and On February 9, 1994, Congress held support might increase the risk of other individuals who address the hearings on the adequacy of commuter critical mistakes that could jeopardize current rule in part 121; very few airline safety regulations. The purpose the safety of flight. As a result the NTSB address the specific Age 60 issue of the hearings was to determine if FAA issued the following recommendation to contained in this rulemaking, i.e. the safety regulations should be modified to the FAA: applicability of the Age 60 Rule to pilots establish a single standard for all Require principal operations of affected commuter airplanes. These scheduled operations regardless of inspectors (POI) to periodically review comments are summarized in Section airplane size. Representatives of air carrier flight operations policies and V.E., The Age 60 Rule. government, industry, and the public practices concerning pilot tasks Approximately 200 comments were presented testimony. Most testimony performed between flights to ensure that received on the substantive issues raised supported the upgrading of safety carriers provide pilots with adequate by Notice 95–5. These commenters requirements. resources (such as time and personnel) represent air carriers; manufacturers; to accomplish those tasks. (A–94–193) associations representing air carriers, III.D. NTSB Study The FAA published all of the NTSB manufacturers, pilots, dispatchers, and In November 1994, the National recommendations in the Federal passengers; State and local Transportation Safety Board (NTSB) Register (59 FR 63185, December 7, governments; the U.S. Small Business published a study on commuter airline 1994) and received public comments Administration; the National safety. (National Transportation Safety generally supporting the expansion of Transportation Safety Board; and Board Safety Study: Commuter Airline the operational rules of part 121, except individuals. While some commenters Safety, NTSB/SS–94/02.) The study was for flight time limitations, to commuter voice general support for the goals of based on the NTSB’s analysis of operations under part 135. Some Notice 95–5, most raise concerns about accident investigations and previous commenters had considerable specific proposals. Industry commenters studies, on a recent site survey of airline reservations about applying certain part are particularly concerned about the operations and policies conducted at a 121 equipment requirements to smaller costs of complying with the proposed representative sample of commuter airplanes. The FAA considered these rule. airlines, and on information obtained comments in developing this rule. The FAA also conducted three public from a public forum on commuter meetings on the proposed rule: on May airline safety convened by the NTSB. III.E. Related FAA Action 18, 1995, in Anchorage, Alaska; on June In the study, the NTSB found that the In December 1994, the FAA proposed 14, 1995, in Chicago, Illinois; and on commuter air carrier industry has revisions to the training and June 21, 1995, in Las Vegas, Nevada. experienced major growth in passenger qualification requirements of certificate Testimony from the public meetings and traffic and changes in its operating holders conducting commuter written statements submitted at the characteristics since the NTSB’s 1980 operations under part 135. The meetings have been included in the study of the commuter airline industry. proposed rule also addressed crew FAA public docket, have been The NTSB found that there has been a resource management training for pilots, considered by the FAA in developing trend in the industry toward operating dispatchers, and flight attendants in part the final rule, and are discussed in the larger, more sophisticated aircraft, and 121. (59 FR 64272, December 13, 1994) following discussion of comments along many carriers have established code- [Add Final Action] with all written comments that were sharing arrangements with major submitted to the FAA docket. IV. The Proposed Rule and General In Notice 95–5, the FAA identified airlines. The NTSB concluded that the Description of Comments regulations contained in 14 CFR part major issues that the agency addressed 135 have not kept pace with changes in In Notice 95–5, the FAA proposed to in developing the proposal. These the industry. require that all scheduled passenger- included applicability of the proposal, As a result of the findings, the NTSB carrying operations in airplanes with a aircraft certification issues, flight time issued the following safety passenger-seating configuration of 10 or limits, the Age 60 Rule, use of a recommendations to the FAA: more seats (excluding any crewmember dispatch system, certain equipment • Revise the Federal Aviation seat) and all scheduled operations in items, and the compliance schedule. Regulations such that all scheduled turbojets (regardless of the number of Comments received on these major passenger service conducted in aircraft seats) must be conducted under part issues and the FAA’s response to these with 20 or more passenger seats would 121. The proposal would require comments are discussed in Section V. be conducted in accordance with the certificate holders now conducting Comments received on specific provisions of 14 CFR part 121. (A–94– scheduled passenger-carrying proposals and the FAA’s response to 191) operations under part 135 in airplanes these comments are discussed in • Revise the Federal Aviation with a passenger-seating configuration Section VI. Comments specifically Regulations such that all scheduled (excluding any crewmember seat) of 10 addressing cost issues are discussed in passenger service conducted in aircraft to 30 seats or in turbojets to be Section VII. Below is a list of some of with 10 to 19 passenger seats would be recertificated and to conduct the the major commenters and their conducted in accordance with 14 CFR applicable operations in compliance associated abbreviations. The full name part 121, or its functional equivalent, with part 121 requirements. In some of each commenter is used when the wherever possible. (A–94–192) instances the proposed rule revised the commenter is first mentioned. In Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65835 subsequent discussions, the as Alaska are removed, the accident rate affected commuters into part 121 commenter’s abbreviation, as shown under the two parts would be either the domestic or flag operations. For instance below, is used. same or lower for part 135 commuter two commenters argue that a dispatch operations. system would not have prevented the Abbreviations for Commenters According to some commenters, the three accidents cited by the FAA in the AAAE American Association of Airport recent accidents cited in Notice 95–5 NPRM. It would be a mistake to assume Executives were all caused by pilot error and thus that the FAA is basing this final rule on AACA Alaska Air Carriers Association would not have been prevented by this just those three accidents. Similarly, it ADF Airline Dispatchers Federation rulemaking but could have been would be a mistake to conclude that the AIA Aerospace Industries Association prevented by improvements in training. FAA is justifying this rule on merely ALPA Air Line Pilots Association Some commenters state that the APA Allied Pilots Association ‘‘perceptions’’ of a problem. Those ASA Atlantic Southeast Airlines proposed rule is the result of public, accidents were catalysts for the GAMA General Aviation Manufacturers media, and agency overreaction to Government to focus on the differences Association recent commuter accidents and that in the part 121 accident rate and the HAI Helicopter Association International both the public and the media drew accident rate for 10- to 30-seat part 135 IAPA International Airline Passengers inaccurate conclusions about commuter commuters. Over the next 15 years Association airline safety from these accidents. affected commuters are expected to have NACA National Air Carrier Association According to these commenters, instead had 67 more accidents than they would NATA National Air Transportation of hastily proposing rules based on Association have had if the accident rate for part 135 incomplete information, the agency affected commuters were the same as NTSB National Transportation Safety Board should have informed the public that Penair Peninsula Airways that for part 121 scheduled operators. RAA Regional Airlines Association many so-called commuter operations are The FAA believes that adoption of this already being conducted under part 121. rule will significantly close the accident V. Major Issues Several commenters state that the rate gap over time. proposed rule will decrease safety V.A. General Justification because in order to avoid the proposed The FAA believes that the part 121 In Notice 95–5, the FAA justified the restrictions, certificate holders now regulatory scheme for scheduled proposed rule on the basis of the higher operating airplanes with a seating operations is more appropriate for the accident rate for commuter airlines. capacity of 10 to 19 passenger seats will 10- to 30-seat scheduled operations. The Parts of the proposed rule were also switch to reciprocating-powered added safety features and requirements supported by the testimony from airplanes with a passenger seating in part 121 domestic/flag rules, Congressional hearings on commuter capacity of 9 or less in order to continue including the dispatcher system, will airline safety regulations and by the to operate under part 135. Furthermore, increase safety for the affected NTSB study, based on accident some commenters state that if fares are commuters. Because most accidents are investigations and previous studies, significantly increased to pay for the caused by human errors, rules such as which found that part 135 regulations more restrictive requirements, the part 121 training rules and the had not kept pace with changes in the passengers may choose ground dispatcher system rules are some of the industry. transportation, which has a much higher most valuable tools in reducing the Comments: The NTSB and the Air accident rate. number of these kinds of accidents. Line Pilots Association (ALPA) Several commenters state that the Rules that most directly relate to generally support the proposal and its proposed rule would have a significant preventing accidents caused by human justification. A comment from the economic impact on small airline errors are being imposed on the affected International Airline Passengers operators, in some cases forcing them to commuters on a faster schedule than Association (IAPA) supports the close their businesses, thus eliminating many of the other rules (e.g., aircraft rulemaking justification by stating the air transportation to some locations. In performance and certain equipment findings of a recently completed IAPA addition, according to some retrofits). It can be reasonably study of commuter/regional airplane commenters, the proposed rule would anticipated that applying part 121 safety records in the United States have a negative impact on competition, operating rules, including these two covering the period 1970 through March particularly in the foreign market groups of rules, can begin to 31, 1994. According to IAPA, during because the cost of U.S. manufactured immediately and significantly reduce that period carriers using airplanes with airplanes would increase. the accident rate for affected 30 or fewer seats had 29 fatal accidents FAA Response: The FAA does not commuters. For instance, the FAA with 249 passenger fatalities; over 30 agree with the assessment that the anticipates that requiring operators to seat regional carriers had 1 fatal proposed rule lacked sufficient have someone (i.e., a certificated accident with 2 passenger fatalities; justification. The FAA recognizes the dispatcher) double check the work of major airlines had 11 fatal domestic jet validity of some of these comments the pilot and provide the flight crew accidents with 527 passenger fatalities. especially in regard to unintended with updates on weather and alternate In contrast to these comments, many safety decrements if the aircraft airports can reduce some human factor other commenters state that the performance portions of the proposed errors. The FAA believes that if the proposed rulemaking lacked sufficient rule were adopted on the schedule flight crew is subjected to more justification. Recent accident data, say proposed. While the FAA recognizes the stringent flight and duty safeguards these commenters, have shown improvements in the accident data for (either the current part 121 domestic significant reductions in accident rates commuter airlines in recent years, it flight and duty rules or the rules in a for commuters so that the difference in intends through this rulemaking, and soon to be issued NPRM in which the accident rates for part 121 operations other related rulemaking actions FAA will propose to overhaul all the and part 135 commuter operations is underway, to reduce the accident rate flight and duty regulations), the dangers minimal. According to at least one of even further. of fatigue causing a human factors error these commenters, if the accidents that Several commenters have questioned will be reduced. Enhanced part 121 occurred in extreme environments such the need for a rule that would move training (which is being required of 65836 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations affected commuters in an associated while at the same time becoming as NTSB recommended that scheduled final rule) will also reduce some human sophisticated or more sophisticated in passenger service be conducted in factor errors. technology than some transport category accordance with part 121 ‘‘* * * or its It is critically important to impose the airplanes operated by the major carriers. functional equivalent, wherever bulk of the part 121 regulatory scheme With hindsight, the FAA may not have possible’’. on affected commuters because the drawn the line as it currently is but Clearly the NTSB used the phrase absence of any significant portion of would have attempted from the start to ‘‘wherever possible’’ because it knew that regulatory scheme may lessen the maintain one set of requirements. that it was not possible for a substantial effectiveness of the rest of the safety Until now the line between the portion of the 10- to 19-seat airplane features in the part 121 regulatory requirements has not created a safety fleet to meet all of the requirements of scheme. Even the best trained and well concern, but as the commuter market part 121. The NTSB carefully chose its rested pilot is a human being and, grows, the disparity between the two words when it made its therefore, subject to making errors. With sets of requirements is of more concern. recommendations for 10–19 seat a dispatcher system, the chances of pilot There is no longer any justification for airplanes used in scheduled service. miscalculations or oversights could be maintaining two sets of standards for The NTSB recognized that the FAA reduced. Moreover, a dispatcher can scheduled operations in airplanes with necessarily had to exercise judgment assist the flight crew in making enroute a passenger-seating configuration of 10 about which part 121 regulations to plans for an alternate airport (which or more seats. When a passenger pays impose, which regulations could be might be necessary due to weather for a ticket on an FAA certificated modified to achieve functional problems, air traffic control problems, commuter operation, that passenger equivalency, and which regulations airplane equipment problems, fuel must be assured of the highest possible simply might not be possible. problems, etc.) while the crew focuses level of safety. In regard to comments that higher on flying the airplane. It is reasonable to With respect to commenters— fares resulting from this rulemaking will conclude that the accident rate for concerns that the proposed rules will cause passengers to switch to less safe affected commuters can be reduced to a actually decrease safety because modes of transportation, it has been the level closer to that of current part 121 certificate holders will switch to FAA’s observation that passengers are domestic operations by eliminating reciprocating-powered airplanes, the usually willing to pay for safety. While most of the regulatory differences that FAA has modified the proposal, some may choose to drive rather than the two different regulatory schemes especially in regard to the schedule for fly, that has not stopped the airlines in allowed. some airplanes to meet part 121 airplane the past from raising fares. It should also While major air carriers may require performance criteria, to allow operators be noted here that the public tolerates commuter affiliates to follow certain sufficient time to build up capital or a higher accident rate for automobile part 121 standards, and in some cases credit to make changes to the existing travel than for airplane travel. If air even exceed some part 121 standards, fleet or to purchase new airplanes that transportation accident rates no part 135 commuter operator meet the higher performance standards. approached that of ground travel, most currently operates under part 121 The FAA does not want to move so fast Americans would stop flying. The air operations specifications or totally as to force operators to use airplanes transportation industry is very aware of complies with all part 121 standards that have even higher accident rates this; it is the main reason that air (e.g., many part 121 requirements are (i.e., airplanes with 9 or fewer seats). transportation is safe. As one based on the assumption that transport The FAA finds that safety and the commenter points out, the recent category airplanes are operated). Most public interest require extending the commuter accidents caused a 12 percent importantly, no part 135 commuter is proposed compliance dates for imposing drop in passengers on commuter required by current FAA regulation to part 121 performance criteria airlines. That is a significant cost to comply with part 121 requirements. requirements and some equipment industry. Recent accidents brought to public requirements until it is economically The FAA has carefully considered the attention the differences between part feasible for operators of 10- to 19-seat economic impact of the proposed 135 and part 121 and the lack of airplanes to acquire or lease regulations and has reviewed and continuing justification for these replacement aircraft. The FAA has revised its analysis in light of the differences. As Notice 95–5 pointed out, analyzed the situation and has comments received. (See Section VIII.) the distinction between these two types concluded that many operators of 10–15 The agency has determined that the of operations was, in the beginning, an seat aircraft would replace those aircraft impact of the final rule should not obvious necessity. Major air carriers with 9 or fewer seat aircraft to avoid the disrupt air transportation service and engaged in public transportation were sudden imposition of large costs on that few, if any, certificate holders will entirely different from the small on- their current fleets. Without the FAA discontinue their commuter operations. demand, air taxi operator. But with the modifying its proposal with regard to During the transition period, the FAA development and growth of what has airplane performance requirements, will work with certificate holders who come to be known as commuter service, many airplanes would be eliminated are switching to part 121 requirements the line between the two has blurred. from scheduled service at the first to make the switch as smooth as Certain segments of the commuter compliance date (i.e., 15 months after possible. It should also be noted that the industry have continued to develop publication of the final rule) and compliance schedule provides for a commuter category airplanes, holding operators of other airplanes would have gradual updating of equipment and the line at 19 passenger seats in order to offload passenger seats, thereby operations and will allow certificate to stay within the limits of the less causing the economic and safety holders the choice of upgrading or restrictive airworthiness regulations for impacts discussed previously. This phasing out airplanes that cannot be nontransport category aircraft. This has modification would be consistent with upgraded without significant cost. created the potential for the further the National Transportation Safety Some may argue that there may still development of commuter airplanes Board’s (NTSB) recommendation for be limited circumstances, even with specifically designed to stay within the airplanes with 10- to 19-seats in these changes, where the effects of this limits of the less restrictive regulations scheduled service. For those aircraft, the rule (and related rulemakings on Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65837 upgraded training requirements and configuration of 10 or more seats and to scheduled passenger transportation. pilot flight time and duty limitations) all scheduled passenger-carrying According to the commenter, most will be so burdensome as to lead to operations for compensation or hire in under 10-seat aircraft are piston- adverse safety consequences and/or a turbojet-powered airplanes regardless of engined, with a lower level of engine loss of critical air service. This is neither seating capacity. (Throughout the rest of reliability and performance. The aircraft FAA’s intention nor its expectation. this document these certificate holders are frequently operated in harsh Indeed, the entire premise of this are referred to as the ‘‘affected certificate environments thereby exposing rulemaking is that safety standards can holders’’ or the ‘‘affected commuters.’’) passengers to higher risks. and must be improved for the benefit of Under the proposal, scheduled Many of the commenters who object passengers in 10–30 passenger seat passenger-carrying operations in non- to the applicability of part 121 to aircraft aircraft in scheduled service. turbojet airplanes with 9 or fewer with 10 to 19 passenger seats, also Nevertheless, there is in place in 14 passenger seats, on-demand operations object to the definition of ‘‘scheduled’’ CFR 11.25 a process for requesting and with airplanes with 30 or fewer in proposed § 119.3. According to these granting exemptions from regulatory passenger seats, operations in single- commenters, the effect of the current requirements, including those adopted engine airplanes, and operations in description in SFAR 38–2 of commuter here. As with any request for rotorcraft would continue to be under air carriers that includes 5 round trips exemption, of course, an applicant part 135. per week should not be changed. would have to demonstrate that the The proposed rule would also have Apparently some small certificate public interest justifies such an eliminated the frequency of operations holders that conduct mostly on-demand exemption. In this case, an applicant test of five round trips per week which service also provide one or two could show, for example, that it is allowed some part 135 scheduled scheduled service flights per week. unable to comply with a particular operations to be conducted under the According to these commenters, if they provision or a particular schedule date on-demand rules of part 135. have to upgrade the airplanes and due to circumstances beyond its Comments: While no commenters operations to part 121 to conduct these reasonable control (rather than its own specifically object to applying part 121 scheduled flights, they will downgrade failure to act in a timely or prudent requirements to commuter operations in the airplanes or terminate the service. manner), that there is convincing airplanes of 20 to 30 passenger seats, The commenters state that they cannot evidence that alternative service is several commenters, many of them afford to comply with part 121, that the unavailable to the public, and that the small part 135 certificate holders, object service they provide offers one-of-a-kind carrier would be able to maintain an to applying part 121 requirements to service to remote places or resorts, and adequate level of safety during the commuter operations in airplanes of 10 that in some instances there is no period of the requested exemption. to 19 passenger seats. According to ground transportation to these locations. We would expect that any exemption these commenters, the FAA did not Several on-demand operators and the from this rule would be for a limited sufficiently justify imposing the more National Air Transportation Association period only, such as the time required restrictive part 121 requirements on (NATA) comment that the FAA should for delivery of a piece of equipment that operations in these size airplanes and not revise part 135 on-demand has been ordered. Our goal would be to the small certificate holders of these requirements either at this time or at permit the air carrier to come into airplanes would not be able to meet the any time. These commenters are compliance with the rule in an orderly economic burden of the proposal. A few responding to a statement in Notice 95– manner, and not simply to delay or certificate holders state that if the 5 that additional standards for on- avoid the cost of compliance. regulations are implemented as demand air taxi operations may be The FAA considers this rulemaking a proposed they would either have to considered in the future. positive step towards promoting air downgrade their airplanes, reduce the The General Aviation Manufacturers transportation by renewing confidence number of passenger seats, or terminate Association (GAMA) objects to in commuter operations. Most certain services. This is especially the including all scheduled passenger- importantly, this rulemaking should case for small fixed-based certificate carrying operations in turbojets under reduce the accident rate of the affected holders, who conduct mostly on- part 121 regardless of the number of commuters to a rate that is closer to that demand service with some scheduled passengers. While GAMA agrees with of current part 121 domestic operators. service, and for certificate holders who the FAA’s assumption that no turbojets This rulemaking is consistent with the service remote areas such as parts of are being used in regularly scheduled FAA’s obligation in accordance with Alaska, Hawaii, or the islands of Samoa. part 135 operations, it objects to the section 44701(d) of Title 49 of the U.S. Commenters also state that the burden applicability because the FAA presented Code that when prescribing a regulation is greater for certificate holders not no technical justification for the or standard to promote safety or to affiliated with a major airline and that proposal. GAMA recommends allowing establish minimum safety standards, the drawing the line at 10 or more includes turbojets with a passenger-seating Administrator shall consider the duty of many small, independent certificate capacity of 9 or less to operate under an air carrier to provide service with the holders. According to commenters, part 135. Aerospace Industries highest possible degree of safety in the these certificate holders provide a Association (AIA) also objects that no public interest. The intent of this different kind of service from what the rationale was presented for including rulemaking is to provide the highest larger commuter operators provide. turbojets. AIA states that the proposed possible degree of safety to affected One commenter, IAPA, states that part rule offers an unfair competitive commuter operations. 121 requirements should apply to all advantage for normal category scheduled passenger-carrying turboprops against jets with a passenger- V.B. Applicability operations, no matter how many seats seating capacity of 9 or less. United The FAA proposed that part 121 are on the airplane. According to this West Airlines states that it is a small requirements would apply to all commenter, by leaving out the under 10- operation with two jets, that it costs scheduled passenger-carrying seat aircraft from the rulemaking, $70,000 a year to train its four pilots, operations for compensation or hire in passengers would be exposed to travel and that the proposed rule will put the airplanes with a passenger-seating on the least safe aircraft operating in airline out of business. 65838 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Two individual commenters because, as discussed above, part 121 One commenter lists some of the more recommend that ‘‘any scheduled does not contain a frequency of ‘‘onerous’’ proposed requirements: operation with airplanes seating more operation provision. If circumstances in • ‘‘Ditchable’’ exits in case of water than 9 passengers but less than 19 the future necessitate a change to these landings. passengers’’ be operated under rules, commenters will have an • Emergency floor path exits. supplemental rules when that opportunity to comment on any • Third attitude indicator (in aircraft scheduled operation is a code-sharing proposed changes. flown in daylight under visual flight arrangement with another part 121 Air Tour Industry Comments: Several rules). scheduled carrier. comments were received from air tour • Portable protective breathing FAA Response: The so-called operators in the State of Nevada and the equipment (PBE). ‘‘frequency of operation’’ provision in vicinity of the Grand Canyon. Some of A commenter points out that the new the SFAR 38–2 definition of commuter these certificate holders would be aircraft performance requirements air carrier does not exist for current part affected by the rulemaking because they would limit maximum operating weight 121 operations. Affected commuters operate nontransport category airplanes at Grand Canyon due to the high being upgraded to part 121 by this rule of 10 to 19 seats and because they altitude. will be required to conduct all of their provide point-to-point service; for According to these commenters, scheduled operations under part 121 example, from Las Vegas to Grand switching to smaller airplanes will regardless of the number of scheduled Canyon Airport even though the flights increase air traffic congestion in the operations. However, the FAA has are exclusively marketed as sightseeing Grand Canyon area, decrease safety for decided to retain the frequency of and not point-to-point travel. Despite passengers, and double or triple noise operations distinction for those the fact that they technically fall into levels. operations conducted in airplanes with the category of a commuter operator, According to one commenter, these a passenger-seating configuration of 9 these commenters claim that they are certificate holders do not have code- seats or less by revising the definitions more like an on-demand operator and sharing partners and while these of ‘‘commuter operation’’ and ‘‘on that the proposed rule would penalize certificate holders sometimes provide demand operation’’ in § 119.3. them for using larger, safer airplanes point-to-point service, the flights are Therefore, scheduled operations in than their competitors. One of these typically part of an all-inclusive tour airplanes with a passenger-seating commenters states that it does not fly package which includes ground configuration of 9 or less (except city to city, but flies regularly scheduled transfers to Las Vegas hotels, sightseeing turbojets) and conducted on a particular flights that take off and land at the same flights to the Grand Canyon, and motor route with a frequency of fewer than airport. This operator states that, coach tours of the Grand Canyon. This five round trips per week (regardless of because of the nature of the operation is totally unlike typical commuter whether one or more airplanes are used and because of the proposed definition operations. on the route) would be conducted under changes, it would be required to comply Another commenter, however, says the requirements applicable to on- as a scheduled operator. demand operations. that at least one of the air tour operators The FAA believes that, because of the According to the commenters, since does use code-sharing with a major nature of the operation in which small they have upgraded from 6- to 9-seat carrier and that the offering of its turbojets, which are type certificated airplanes to 19-seat airplanes, they have scheduled flights is available by under part 25, are used (e.g., been required to install ground referencing airline computers all over transoceanic, long range, international, proximity warning systems (GPWS), the world. etc.), they approximate the operations of traffic alert and collision avoidance Some of the commenters cite an NTSB larger air carriers. For example, part 135 systems (TCAS), cockpit voice recorders report (‘‘Safety of the Air Tour Industry contains no requirements for long-range (CVR), and flight data recorders (FDR), in the United States,’’ June 1, 1995) navigational equipment or long-range while their competitors have not been which states that the implementation of fuel considerations. In an effort to burdened by these costs. According to SFAR 50–2 has created a safe operating increase the safety for passengers some of these commenters, this environment for air tour operators over carried in those kinds of operations, the equipment is not beneficial in their the Grand Canyon. One commenter FAA has determined that any scheduled operating environment because they quotes NTSB as saying, ‘‘The level of operations of turbojet airplanes should typically fly in VFR conditions on short- safety of air tour operations could be be conducted under part 121. range flights of an hour or less. improved by creating a national The FAA disagrees with commenters The commenters complain that if the standard for air tour operations that who suggest that commuter operations proposed rule is implemented, they will contains definitions specific to the air in code-sharing arrangements should be be forced to replace the turboprop tour industry and specific requirements, conducted under the rules for airplanes with smaller reciprocating- including unique operations supplemental operations. Code-sharing, powered planes and will thereby lose specifications, to accommodate although it may affect passengers’ some significant safety benefits such as localized unique conditions, similar to perceptions, is a business/marketing the following: the special conditions contained in arrangement and is not the basis for an • The two-pilot crew requirement SFAR 50–2.’’ FAA regulatory scheme. Scheduled with captains required to hold an Air One commenter states that his operations in airplanes with 10 or more Transport Pilot rating. company recruits retired airline pilots to passenger seats should come under part • Aircraft certificated to higher levels provide a high level of experience and 121 domestic or flag, as appropriate, not of aircraft performance. stability to the flightcrews. under supplemental rules. • Aircraft maintenance procedures The Clark County Board of Aviation is The only operators who currently under the more comprehensive concerned that the proposed rule could operate under part 135 on-demand rules Continuous Airworthiness Maintenance be devastating to individual certificate that would be required to conduct their Program. holders and adversely affect the vitality operations under part 121 scheduled • Safety equipment such as GPWS, of the air tour industry in Southern rules are those who are included TCAS, CVR, and weather radar. Nevada. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65839

The Grand Canyon Air Tour Council Notice No. 95–5 proposed no exceptions performance requirements, would boost states that the proposed expanded for Alaska. Certificate holders whose the fares to levels that many residents of definition of ‘‘scheduled operations’’ is operations fit the applicability for Alaska could not afford. The State of the problem and that the definition was scheduled operations for airplanes of 10 Alaska Department of Transportation changed with no satisfactory or more seats would be required to and Public Facilities states that ‘‘the explanation or justification. comply with part 121 domestic proposed air carrier and airport The Office of the Lieutenant Governor requirements. International operations regulations could devastate Alaska’s of Nevada testified at the public meeting would follow flag requirements of part heavily aviation dependent economy.’’ held in Las Vegas that compliance 121 and charter operations would The Alaska Air Carriers Association would affect a ‘‘$250 million industry follow supplemental requirements of (AACA) states that the proposed rule that we have worked hard to develop.’’ part 121. Alaskan operators currently would end the growth of the 10- to 19- FAA Response: The FAA does not operating under part 121 flag rules seat airplane and would increase fares agree that air tour operations are totally would have to operate under part 121 by 67 to 100 percent. The proposed unlike commuter operations. Much of domestic rules except for those airport legislation is expected to cost the an air tour flight is like much of a operations that meet the definition of state $100 million. AACA states that the commuter flight. If an air tour operator flag operations in proposed § 119.3. proposed rule would directly affect only is conducting scheduled operations, as The basic thrust of the comments is 15 certificate holders in Alaska. Two- defined in § 119.3, in airplanes with a that the Alaska environment is unique thirds of the scheduled air carriers use passenger-seating configuration of 10 or and that requiring Alaskan commuter aircraft with a seating capacity of 10 more, it must comply with part 121 operators to comply with part 121 seats or less. domestic or flag requirements, as requirements would be devastating to ERA Aviation, which currently applicable. This includes operators who certain certificate holders in Alaska and operates under part 121 flag rules, fly from and return to the same point on therefore to certain segments of air objects to the proposal to operate as a scheduled basis. transportation. Furthermore domestic/supplemental. It operates over The FAA agrees that certain aspects of commenters point out that most air 100 aircraft, fixed and rotary wing, air tour operations make them appear to transportation in Alaska is conducted in nationally and internationally. The be unlike commuter operations. For small reciprocating-powered airplanes commenter states that for years Alaska example, portions of air tour flights are with passenger-seating capacities of part 121 operators have been operating at lower altitudes, typically over rugged under 10 seats. Therefore, the proposed under flag rules, both for scheduled and and remote terrain, and often in airspace rule would not have a significant effect nonscheduled operations. This has that is congested with other sightseeing on air transportation safety in Alaska allowed increased flexibility in crew aircraft. The FAA has begun an air tour and would impose an economic burden scheduling, which is necessary because industry project to study the on a few certificate holders who provide of the length of Alaska routes, the lack implications of these differences to upgraded, i.e., safer, service. According of facilities in remote locations, and the safety and to develop regulations, as to commenters, the accident rate for lack of road networks or other alternate necessary, to address specific features of airplanes with under 10 seats is much forms of transportation to outlying air tour operations. If regulations are higher than for turbine-powered communities. Section 119.21 would implemented as a result of the project, airplanes with 19 seats. (Accident data require these carriers to operate under they would be in addition to current analyzed by the FAA verifies that, domestic rules, which would decrease regulations, as is SFAR 50–2 which unlike the rest of the nation, the part of crew scheduling flexibility, add prescribes requirements for special the commuter fleet in Alaska involved substantially to costs, derogate safety, conditions relating to flights over the in accidents contains a large proportion and probably result in the elimination of Grand Canyon. The FAA project will of under-10-seat aircraft.) vital air transportation services to some consider the recent NTSB study cited by Peninsula Airways (Penair), as well as outlying communities. The commenter commenters. Because certain part 121 other commenters, states that says there is no safety justification for and 135 provisions are being recodified characteristics of Alaska make such a change because Alaska part 121 into part 119, SFAR 50–2 and SFAR 71 commuter operations in the State unlike operators have established an excellent are being updated to conform to this those in other parts of the country. In safety record under existing rules. They rulemaking. particular flights are conducted in the say that, at the very least, Alaska Alaskan Comments: Several same time zone, pilots do not have long carriers currently operating under flag comments were received from certificate commutes to their jobs, flights are not rules should be allowed to continue to holders in Alaska, Alaska government usually conducted between 9 p.m. and operate under flag rules for both agencies, and others interested in how 7 a.m., and operations subject to Air scheduled and nonscheduled the proposal will affect Alaskan Traffic Control (ATC) are not in operations. operations. Currently Alaskan certificate congested airspace. This rationale is A part of the proposal that would holders conducting scheduled primarily in defense of using the flight have affected several Alaskan certificate operations in airplanes of 10 to 30 seats time limit requirements of part 135 holders is the proposal that single- comply with part 135. The regulations nonscheduled operations. engine airplanes with 10 passenger seats allow them not to comply with flight Several commenters emphasize the now operating scheduled flights under time limitations for scheduled absolute necessity of air travel in Alaska part 135 would in effect have to remove operations (§ 135.261(b) and (c)) and where many of the towns and villages a seat in order to continue operating in instead allow them to follow the are not accessible by road. They say that scheduled service under part 135. regulations for on-demand operations. Alaskans are dependent on air Single-engine airplanes are ineligible for Alaskan certificate holders using transportation and the cost of that operation under part 121. The only 10- airplanes of more than 30 seats must transportation must remain affordable. seat single-engine airplane model comply with part 121 supplemental High cost items in the proposal, such as involved is the single-engine de requirements for nonscheduled flights the possible need to upgrade airports, Haviland DHC–3 Otter (not to be and flag requirements for international the use of a dispatch system, the various confused with the twin-engine de and intra-Alaska scheduled operations. equipment requirements, and certain Haviland DHC–6 Twin Otter mentioned 65840 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations elsewhere in this notice). According to study. The NTSB intends to compare airplanes type certificated with two AACA and other commenters, there is flying operations in Alaska with the rest pilot seats in the ‘‘cockpit’’ and 9 no possible safety benefit in taking a of the U.S. The study is scheduled for passenger seats in the ‘‘cabin.’’ Some seat out of an airplane, but the cost to completion in 1995. Several other certificate holders are authorized to certificate holders who want to continue commenters mention the study and conduct scheduled operations in that to use these airplanes in scheduled suggest that the FAA should wait until airplane, the DHC–3 Otter, under operations will be significant. the study is completed before making daytime VFR, and carry a tenth NATA comments that no accident any changes to Alaskan regulations. passenger in the right-hand pilot seat. In involving the Otter would have been ALPA, GAMA, and other commenters Notice 95–5, the FAA proposed to limit prevented by limiting the seating to 9 state that safety issues are the same in all scheduled operations of single- passengers. Furthermore, according to or out of Alaska and that, therefore, engine airplanes to the carriage of nine the commenter, the FAA cost on this Alaska should not be given a blanket passengers, under all conditions. (60 FR issue is another example of gross exemption from the rulemaking. ALPA 16235, 16273) The FAA has decided to underestimation; actual costs will be 15 and GAMA state that Alaskan certificate allow the current practice to continue times higher (almost $22,000 per holders, as well as certificate holders in for operators who currently conduct aircraft). The City and Bureau of Juneau other parts of the country, may need to single-engine operations under daytime opposes the proposal to remove a seat be exempted from certain requirements VFR with a tenth passenger. from the 10-seat airplanes so that they that are not applicable to the type of Comments on Exemptions/ can operate under part 135. This operations being conducted and should Deviations/Waivers: Currently some commenter notes that there will be go through the standard exemption certificate holders operating under part additional flights, additional noise, and request procedures in such cases. 135 that will be affected by this additional congestion on the water and One comment from an individual rulemaking have obtained exemptions, in the air. It notes that it is pilot in Alaska states that the schedule deviations, and waivers from certain incomprehensible how the reduction of he flies of 14 days on and 14 days off part 135 requirements. one seat from the Otter will provide an is exhausting, and that even though he AACA states that AACA has held an additional level of safety. Wings of gets 10 hours of rest in each 24 hours, exemption on behalf of its members Alaska comments that the most cost- it is not enough over a 14-day period. allowing removal and installation of efficient floatplane used in southeast He is in favor of the proposed flight time aircraft seats by certain pilots and Alaska is the single-engine DHC–3 limit changes. trained ground personnel under an Otter. Because there is no cost-effective Some Alaskan certificate holders FAA-approved program. The replacement aircraft available for float comment that they rely on experienced commenter states that it is unclear operations that offers the same capacity pilots who are familiar with the whether or not aircraft operated as the Otter, replacing them is not an particular demands of Alaskan previously under part 135 in Alaska option. Wings states that it operates the operations. Penair states that 10 percent would be allowed to continue this seat Otter about 6 months a year. Four of its pilots are age 60 or over and that removal and installation under part 121 communities that do not have runways 20 percent are over age 52. with an appropriate exemption. AACA receive daily service. Wings purchased Commenters who oppose the rule states that taking away this option five 10-seat Otters in ’92–93 to improve suggest either exempting Alaska would significantly increase air carriers’ service to a wilderness sports facility, altogether, not including the 10-to-19 costs and diminish their flexibility to substantially reducing noise by reducing seat airplanes in the rule, or allowing utilize aircraft in ‘‘combi’’ (combination the number of flights by 50%. Wings under-19-seat airplanes to be covered cargo/passenger) configurations. AACA notes that considering initial operating under the supplemental rules of part recommends that all exemptions, experience (IOE) and route check 121 rather than the domestic rules. deviations, or waivers held by a part 135 requirements, it is being operated at a FAA Response: The FAA agrees with operator automatically be carried over higher level of safety than the 10 seat, the commenters who state that safety into its part 121 operation. As presently on-demand aircraft allowed under the issues are the same in or out of Alaska. written, Notice 95–5 would require rule to be operated in part 135. Wings The FAA has specifically considered the compliance with part 121 first, and only estimates that the removal of one seat implications of the proposal on Alaska then would the FAA evaluate requests would have cost them $85,000 in 1994. given its unique characteristics and has for exemptions to part 121 rules. This Wings asks that the Cessna Caravan and determined that the rules should apply places additional and unwarranted the Cessna Grand Caravan also be to Alaska as proposed. While the NTSB operational costs on air carriers allowed to operate with 10 seats. AACA comment on Notice 95–5 states that the transitioning to part 121. comments that Ketchikan Air Service, NTSB excluded Alaska from its safety FAA Response: The specific Taquan Air Service, and Wings of study on commuter airline safety, the exemption referred to by the AACA Alaska together operate 12 Otters in NTSB states in the report that its applies only to operations with southeastern Alaska. findings from the information obtained airplanes with a passenger-seating The NTSB comments that it in the course of the study ‘‘apply to configuration of 9 or less, and therefore intentionally excluded airlines that operations in Alaska as well as the other is not affected by this rulemaking. operate exclusively in Alaska from its 49 states and U.S. Territories.’’ However, exemptions issued for study of commuter airline safety (‘‘Commuter Airline Safety,’’ NTSB/SS– operations under part 135 do not because of the unique characteristics of 94/02). Therefore, this final rule does automatically continue in effect for the environment in Alaska. The NTSB not provide a blanket exemption for operations under part 121. Therefore, currently is conducting a study of Alaska. affected commuters who will in the commercial Alaska aviation including In response to the single-engine future be operating under part 121 must commuter airlines. The NTSB held two airplane issue, the FAA has decided to reapply for any exemptions they believe public meetings in Alaska during June allow an exception to continue. should apply to their part 121 1995 and visited a number of scheduled Currently, several part 135 certificate operations after the compliance date of and nonscheduled part 135 certificate holders conduct scheduled passenger- this rule. Also, general exemptions holders to collect information for the carrying operations in single-engine issued to present part 121 operators will Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65841 not apply automatically to new part 121 of part 25 and also supports continued According to commenters, the part 23 operators so any new part 121 operator use of commuter category airplanes. The standards of that era were considerably will have to apply to be included in commenter does not, however, concur different from those of today’s part 23 these existing exemptions. that airplanes type certificated under commuter category. The level of safety part 23 normal category (i.e., pre- expected by the public today is much V.C. Aircraft Certification commuter category) should be permitted greater than that tolerated in 1977. The proposed rule would amend part to remain in operation with more than A number of other commenters 121 to require each 10- to 19-passenger 10 passenger seats, even in non-air address the proposed retrofitting of seat airplane that is to be operated in carrier service. ALPA appears to base its existing part 23 normal and commuter scheduled operations and for which an position on differences in performance category airplanes to meet certain part application for type certification is requirements between commuter 25 standards. Those comments are made after March 24, 1995, to be type category and the predecessor normal addressed in the section-by-section certificated in the transport category. category standards. portion of this preamble (Section VI). Affected commuter airplanes are type American Eagle supports the One commenter has developed and certificated under the requirements of proposed rulemaking and states that, produces a unique propulsion system in part 23. ‘‘while there may be limited which two turbine engines drive a In Notice 95–5 the FAA stated its circumstances when aircraft design and/ single propeller through a common intent to review the standards of parts or manufacture may preclude or delay gearbox. In addition to the installations 23 and 25 to see if the level of safety compliance with FAR part 121 or FAR already being made in existing intended by part 25 could be achieved part 25, cost and weight considerations airplanes, the commenter anticipates a for those airplanes with a passenger- should not be an acceptable barrier to future installation of this system in an seating configuration of 19 or less the increase in safety which is derived airplane of entirely new design. Since through compliance with a particular from applying the higher standards of any new model would have to be type standard of part 23 or another standard, aircraft airworthiness, airline operations certificated under the provisions of part in lieu of the corresponding standard of and passenger safety which those 25 in order to be eligible for operation part 25. On completion of that review regulations provide.’’ under part 121, the commenter requests the FAA stated its intent in future In contrast, six other commenters do that part 25 be amended to rulemaking to consider amending part not believe that any propeller-driven accommodate airplanes with this or 25 as necessary to accommodate type airplanes with 10 to 19 passenger seats similar propulsion systems. certification in the transport category of should be required to meet the transport FAA Response: Rather than forcing certain types of airplanes previously category standards of part 25. Although the retirement of part 23 normal type certificated in the commuter the commenters’ reasons vary, the category airplanes, as recommended by category. comments focus on three basic issues: ALPA, the FAA proposed in Notice No. The FAA also proposed that airplanes (1) Commuter category standards are 95–5 to permit their continued use in air configured with 10 to 19 passenger seats appropriate for airplanes of this class; carrier service provided certain changes already in service or manufactured in (2) there is no evidence that safety were made on a retrofit basis to enhance the future under an already existing part would be enhanced by requiring future their level of safety. Banning those 23 commuter category type certificate airplanes to comply with part 25; and airplanes would be extremely costly, but would have to comply by specified (3) the cost of complying with part 25 most importantly could result in an compliance dates with certain would be prohibitive. unintended safety decrement. Indeed, performance and equipment Similar comments concerning the FAA’s analysis indicates that requirements in part 121. These recertification of existing part 23 moving too quickly on the imposition of performance and equipment airplanes under part 25 were also part 121 standards could have the requirements are discussed later in this offered, apparently under the unintended effect of lowering the level preamble. misunderstanding that airplanes already of safety because operators would not be In Notice 95–5 the FAA included a type certificated, or derivatives of those in a financial position to quickly obtain table that set out a list of potential airplanes, would have to be new airplanes and currently there are modifications that were being recertificated under part 25. not enough replacement airplanes considered for application to airplanes Some commenters believe that the available that meet the higher standards. having a passenger-seating configuration airplane certification issue is of such The result could be a shift from 10- to of 10–19 seats that were type magnitude that it should be held in 19-seat turbopropeller airplanes to 9- certificated in the commuter category abeyance for a separate future seat or less reciprocating engine (or a predecessor) if the airplanes are to rulemaking program. In this regard, the airplanes, which have an even higher be used in scheduled operations under commenters assert that extensive accident rate. part 121. The table included a column changes to part 25 would be needed to The six commenters’ assertions that that indicated that for 12 of the 38 accommodate the airplanes otherwise commuter category standards of part 23 issues addressed, the FAA had certifiable under part 23 commuter are appropriate for airplanes of this determined that any required upgrade category and that those changes would class and that there is no evidence that should apply only to airplanes entail a considerable expenditure of safety would be enhanced by type manufactured under a type certificate FAA resources. They further believe certification under part 25 are, to a for which application is made after that any such changes should be subject certain extent, correct. Through a March 24, 1995. Since these 12 issues to harmonization with corresponding number of recent amendments and will be the subject of a future NPRM, the standards of the European Joint pending amendments, the level of safety FAA is not addressing specific Aviation Requirements (JAR). established by the commuter category comments on the substance or cost of Several commenters cite the FAA’s has been and is being enhanced these issues in this document. 1977 proposal to require all airplanes considerably. In many instances, Comments: ALPA fully supports the used in air carrier service to meet part commuter category airplanes must meet proposal to require newly-designed 25 transport category standards. That standards that are the same as, or very airplanes to comply with the standards proposal was later withdrawn. similar to, those of part 25 transport 65842 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations category. Requiring future 10- to 19- a particular area, pilots of smaller resulting in a $500,000+ increase in passenger seat airplanes to be type certificate holders rarely commute a costs. Penair finds four reasons for certificated under part 25 would long distance to and from work, and excepting Alaska: Operations are complete this effort to ensure that these pilots have fewer overnight stays as part conducted in the same time zone, few airplanes used in air carrier service meet of their schedules. Air Vegas comments Alaska pilots commute to their jobs, less the same aircraft certification standards that unless an exception is provided, than 5% of Alaska operations occur as the larger airplanes. seasonal operators would have to hire between 9:00 p.m. and 7:00 a.m., and In response to comments that part 23 additional crews in order not to exceed Alaska does not have the congested ATC airplanes could not be type certificated the 7-day limit of 30 hours or the operations which are found in the lower using part 25 standards, the FAA notes monthly limit of 120 hours. This 48 states. AACA also presents this that it did not propose in Notice No. 95– commenter notes that short-term argument, adding that going from 1,400 5 that part 23 normal or commuter employment of such pilots is next to hours of duty per year down to 1,000 category airplanes presently in impossible. Morton Beyer and represents a 29% decrease in operation would have to comply with Associates comments that the cost of productivity. Other Alaska certificate part 25 standards for type certification. hiring additional pilots is expected to holders, e.g., Wings, Northern Air Cargo, Instead, it proposed that part 23 add another $250 million to airline Taquan Air Service, Tanana, endorse airplanes that will be required to be costs. Twin Otter International the AACA comment. operated under part 121 will have to comments that the 1,200 yearly limit in One individual commenter from comply with certain part 121 equipment part 135 is based on the part 121 100- Alaska opposes any attempt to create and performance requirements. hour-per-month concept, and that the exceptions to the requirements for In response to the individual regulations really are similar. Alaska. This person supports the comment on a unique propulsion Several individuals strongly urge the assertion that Alaskan operations are system, although the commenter’s FAA to adopt the part 121 standards for basically the same as state-side request is beyond the scope of this the upgrading commuter pilots. operations and should be afforded no rulemaking, it will be considered during American Eagle comments that it special exemptions. the review of part 25 discussed above. applies part 121 domestic rules to its This individual, a pilot who flew over 1,300 hours last year, states that there V.D. Flight Time Limits and Rest part 135 operations and believes that all were many consecutively scheduled 14- Requirements air carriers providing commercial passenger service should use either the hour duty days and many canceled days The FAA proposed that the part 121 domestic or flag rules of part 121. off. Ten hours of rest may sound domestic flight time limits and rest One individual notes that the reduced adequate, but not for days on end. The requirements would apply to affected rest provision in part 135 allows for individual questions the logic that one commuter operators when conducting only 8 hours of rest between scheduled is more rested in one geographic area operations within the United States. flights. Another individual comments than in another. According to the Under the proposal affected commuter that commuter pilots have a high commenter, duty cycles that are unsafe operators, when conducting operations frequency of takeoffs and landings, fly in the lower 48, are also unsafe in to or from the United States, would in the busier low-altitude airspace, deal Alaska. comply with the flag flight time with more controllers per flight mile, Another individual from Alaska states limitations and rest requirements of and deal with more weather than their that the FAA has shown no data to subpart R. Additionally, if these part 121 counterparts. One person indicate any problem with the certificate holders use these same comments that certificate holders provisions of § 135.261(b), which allows airplanes for nonscheduled operations, routinely schedule 3–4 hour breaks to Alaskan scheduled operators to use those certificate holders would be preclude violations of the 8 hours of § 135.267. The individual states that in required to comply with supplemental flight in 24 hours rule; however, the 1994, he flew 1320 hours, had 173 days flight time limitations and rest effect of this is to stretch out the duty off, slept in his own bed every night, requirements of subpart S of part 121. day. The result is a higher duty time to and never had less than 10 continuous As stated in Notice 95–5, since the flight time ratio which is not accounted hours of rest in any 24-hour period. He flight time limitations and rest for in the current rules. IAPA supports believes he probably had more rest and requirements for flag and supplemental the proposal but also expresses concern time off than the average long-haul part operations were not updated in 1985 that the current regulations fail to count, 121 pilot. The commenter states that the when domestic limits were, the FAA as part of duty time, the time period proposed flight/duty time limits would has developed an NPRM that is being when flightcrews are on reserve duty, cause scheduling nightmares for issued concurrently with this final rule. standby duty, or carrying a pager or operations in rural/remote parts of (See elsewhere in this issue of the other telephonic device. IAPA urges the Alaska. Federal Register.) FAA to treat reserve or standby duty as FAA Response: The FAA is holding in Comments: Atlantic Southeast duty time. abeyance a final decision on the Airlines (ASA), Regional Airlines ALPA comments that while the proposed imposition of current part 121 Association (RAA), and Big Sky Airlines upgrade to part 121 will result in an flight time limitations and rest comment that the FAA should provide improvement in flight time limits and requirements on affected commuters specific and scientifically-based data to rest requirements, part 121 will pending a review and disposition of support this significant change. continue to be deficient in this area comments on the separate flight and Fairchild Aircraft adds that the until additional rulemaking action is duty rulemaking in which the FAA additional time off duty provided by the taken, as promised by the FAA. proposes to overhaul all the flight and proposal will not necessarily be used for Alaska commenters argue for duty rules. The separate rulemaking, if rest. NATA comments that there are maintaining the current regulations. adopted, would harmonize flight and differences in part 135 operations that ERA Aviation estimates that if the rest requirements for all part 121 and justify a different set of flight time proposed rule is adopted, it would part 135 carriers. The FAA anticipates limitations and rest requirements: part necessitate at least a 15% increase in the that the separate rulemaking will result 135 operations are generally confined to number of pilots it would need, in a net cost savings to the industry as Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65843 a whole. In the meantime, affected pilots who had not planned on retiring comments will not be further discussed commuters will continue to operate at age 60. Another commenter states that here. This rulemaking deals only with under the current part 135 flight and it hires over-age-60 retired part 121 the application of part 121 rules to duty rules. This will prevent needless pilots. affected commuter operations. expenditure of resources by affected FAA Response: As discussed above, In Notice 95–5 the FAA proposed a commuters who would have to the FAA has identified a strong need to general compliance date (that is, a date implement flight and rest provisions enhance the safety of commuter on which most provisions must be under the commuter rule proposal and operations. Commuter airlines are complied with) of 1 year after then later might have to change their carrying an increasing number of publication. The Notice also proposed system to comply with the separate passengers over an increasing number of delayed compliance dates for several of rulemaking. For the same reasons the miles. While safety has improved over the requirements (other than the age FAA will allow part 121 certificate the past two decades, commuter airlines limitation), to provide time for the work holders operating in Alaska and Hawaii operating under part 135 continue to necessary to comply with the proposed to continue to follow the flight and duty have a higher accident rate than requirements. In this final rule, the FAA rules of part 121 applicable to flag domestic part 121 airlines. The FAA can has adopted a general compliance date operations, even though under this no longer justify most distinctions of 15 months after the date of rulemaking these certificate holders are between parts 121 and 135 commuter publication of this final rule in now classified as conducting domestic operations. § 121.2(c), and also has adopted delayed operations. The part 121 regulatory scheme compliance dates for a number of Accordingly, §§ 121.470, 121.480, and provides a network of safety features. requirements, giving the air carriers 2, 4, 121.500 include an exception for Because most accidents are caused by or more years to comply with certain of affected commuters allowing that they human error, rules designed to enhance the new requirements. continue to comply with flight time the performance of pilots are among the In response to the comments limits and rest requirements of part 135. most valuable in reducing the number of requesting delayed compliance dates, Additionally, § 121.470 will allow accidents. Elsewhere in this preamble and after further evaluation, the FAA existing Alaska and Hawaii intrastate the FAA discusses other provisions that has considered that there are factors scheduled domestic operations to serve this purpose, such as the critical warranting delay in the compliance date continue to be conducted under flag role of the aircraft dispatch system in for the Age 60 Rule, as it applies to rules. double checking the work of the pilot those affected commuters that now will and providing updates on weather and be brought under part 121. The lack of V.E. Age 60 Rule alternate airports. The training an age limitation in part 135 has created Section 121.383(c) prohibits a requirements for commuter pilots are reasonable expectations on the part of certificate holder from using the being upgraded, and eventually part 121 both the affected commuter operators services of any person as a pilot, and flight and duty time rules or the newly and pilots regarding the length of time prohibits any person from serving as a proposed rules will apply to them. The that the pilots would continue in pilot, on an airplane engaged in Age 60 Rule provides an additional service: Some of those operators have operations under part 121 if that person measure of safety by reducing the risk spent money to hire and train pilots has reached his or her 60th birthday. that age-related degradation will affect with the expectation that they would Part 135 has not had any such pilot performance. A pilot may have the serve past the age of 60; and the pilots limitation. The FAA proposed to impose best training in the world, and be well- have not had to plan on leaving their one age limitation on all pilots supported by an aircraft dispatch positions at age 60. In fact, certain employed in part 121 operations, system, but if the pilot suffers from a affected commuters appear to have a including those pilots currently subtle age-related degradation in practice of hiring retired part 121 pilots, employed in affected part 135 performance, safety will be reduced. and will no longer be able to do so. scheduled operations. The FAA stated Also, the potential safety benefits of Further, this rule requires the affected in Notice 95–5 that if it determines that training and dispatching may be commuters to make extensive changes it is appropriate to propose a different reduced by human safety lapses that in equipment, personnel, and age limit in another rulemaking action, could occur or do occur more frequently procedures before the general it will propose to apply the revised with age. compliance date. Also, final rules have limitation to all part 121 operations, The ‘‘Age 60 Rule’’ was adopted by been adopted that impose new including the pilots in commuter the FAA in 1959 (24 FR 9767, December requirements for training, including operations. 5, 1959). At the time Notice 95–5 was standardized pilot training and crew Comments: The age limitation issued, the FAA was also considering resource management training. The question was the subject of over 2,000 whether, in the interest of safety, the affected commuters operators should written comments (including about Age 60 Rule should be retained as is or not be required to stop using the 1,000 postcards from members of an revised to allow pilots to continue to fly services of their over-age-60 pilots in airline pilot organization) and oral in part 121 operations past their 60th scheduled operations (10 or more seats) presentations at public meetings. The birthday. The FAA completed its review and train replacements until these new overwhelming majority of these of the Age 60 Rule. In a Disposition of programs are in place, and the training comments concern the general question Comments (Disposition) published in can be under the new programs. of whether there is a need for an age the Federal Register, [cite], the FAA Accordingly, the FAA has determined limit in part 121, and do not address announced that it will not propose to that the Age 60 Rule, as it applies to any particular aspects of applying an change the Age 60 Rule at this time. The certain pilots, should have an extended age rule to commuter pilots. Disposition thoroughly discusses the compliance date. As it applies to pilots Several commenters, however, state various issues regarding the need for an newly hired by commuter operators, the that if commuter pilots are subjected to age limitation and what that age should Age 60 Rule will apply on the general an age limit, the FAA should adopt a be, including the issues raised in the compliance date indicated in § 121.2(c). phased-in implementation schedule to comments to Notice 95–5 that concern Until that date, there will be no age avoid abruptly ending the careers of the Age 60 Rule in general, and those restrictions on the pilots of commuter 65844 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations operations that are upgrading to part dispatch system. Affected commuters One commenter believes that a formal 121. After that date, the affected would have to meet all part 121 dispatch system for all scheduled air commuters will no longer be able to hire dispatch requirements, including carriers should be required, but points pilots who have reached their 60th dispatcher qualification requirements, out both the pros and cons of requiring birthday (except for pilots who as of that recordkeeping, and flight release such a system. This commenter, as well date were employed as pilots for requirements. As proposed, affected as others, states that pilots may be another affected commuter). However, commuters that would conduct some shouldering many additional pilots who are employed by affected nonscheduled flights under part 121 responsibilities other than flying the commuters on that date will be able to supplemental rules could use a flight aircraft in an effort to minimize the cost continue to serve until December 20, following method for the nonscheduled of flight operations. Due to the task 1999, after which the Age 60 Rule will flights. saturation of pilots and other apply to every pilot under part 121. The FAA also stated in Notice 95–5 crewmembers, functions involving flight The delay in applying the rule will that Alaskan operations pose certain planning, weather analysis, and weight provide some relief from the difficulties unique problems and requested and balance calculations may not be discussed above. The 4-year compliance comments on alternatives that could be thoroughly performed. According to the period for these pilots will permit the considered for Alaska. commenter, the majority of commuter affected commuters to recover services Comments: Two individuals suggest pilots are, as a rule, very young and for several more years from those pilots that the use of a dispatcher and dispatch inexperienced. These crews must in which they recently have invested in system be an option for 10- to 19-seat continually perform at peak levels of training. Delaying the application of the certificate holders, recommending performance both on the ground and in rule to new hires until the general compliance with existing subpart F of the air. compliance date will give affected part 121. Both commenters believe that According to this commenter, as well commuters time to adopt new hiring the FAA should seriously consider as others, the use of the flight dispatcher practices, at a time when the operators permitting, at least on an interim 36- would increase safety, operational will have many other new requirements month basis, compliance with subpart F efficiency, and productivity. The duties under this rule to comply with. The 4- flight following requirements in lieu of of filing the flight plans, checking year compliance period for pilots will subpart E dispatch requirements for NOTAMs, planning fuel requirements give them time to plan for retirement or transition carriers. This will, in their dictated by weather, and obtaining ATC for changing jobs. It will also give opinions, gain the early momentum of routing would be completed by the affected commuters additional time to the industry by making it possible for dispatcher prior to the crew arriving for make careful selections of well-qualified many certificate holders to transition the flight. Optimum routes based on pilots and train them under the new early. A long lead time is necessary to known ATC or weather delays would be training requirements. And, the qualify existing personnel as filed, resulting in substantial fuel operators will not have to replace all of dispatchers under existing part 65. The savings and improved arrival and their over-age-60 pilots at once, at a time commenters remind the agency that departure reliability. The pilots would when so many other new requirements during the early 1980’s, by the FAA’s now be able to concentrate on flying and must be complied with. own rules, 20- to 30-seat aircraft were be able to relax and rest between flights. subject to part 121 supplemental rules, Flight could be more effectively V.F. Dispatch System including the flight following managed, thus saving fuel, maximizing Parts 121 and 135 require certificate requirements of subpart F. One of these aircraft utilization, and passenger holders to exercise operational control individuals also states that interim satisfaction. over all flights conducted by the compliance with subpart F flight On the other hand, according to the certificate holder. ‘‘Operational control’’ following requirements would ease the commenter, mandating the dispatch is defined in 14 CFR part 1 as ‘‘The transition to subpart E dispatch system for part 135 air carriers may exercise of authority over initiating, requirements for affected certificate create some heavy financial burdens. It conducting and terminating a flight.’’ holders. will require a facility, communications Operational control consists of making NATA comments that the FAA lacks hardware for the facility and the aircraft, decisions and performing activities on understanding on the types of trained personnel, and training for an ongoing basis that are necessary to operations 10- to 19-seat certificate dispatchers. The initial capital outlay operate specific flights safely. These holders typically fly and recommends a would not be recovered for several activities include among other things flight following system instead of a years. According to the commenter, this crew and airplane scheduling, dispatch system. NATA states that many mandate will place severe constraints reviewing weather and NOTAM’s small, independent carriers operating on many less established carriers and (Notices to Airmen), and flight aircraft with 10 to 19 seats may have may actually result in bankruptcy for planning. only 2 to 4 of these types of airplanes some. Parts 121 and 135 provide for three and may operate them over only a few Many commenters are in favor of the general types of operational control selected routes. According to NATA, role of the aircraft dispatcher in systems based on the kinds of many of these carriers conduct on- operational control issues. One operations and the complexity of demand operations in addition to their commenter states that the requirement operations: aircraft dispatch, flight scheduled activity. NATA believes, for a formal dispatch system is long following, and flight locating systems. along with several other commenters, overdue. Part 121 domestic and flag operations that for operations such as these, to One commenter believes that dispatch require a dispatch system, part 121 implement a full dispatch system will centers might create a sense of supplemental requires a flight following result in significant cost with little or no complacency on the part of the system, and part 135 requires a flight benefit. flightcrew and, along with other locating system for any flight for which RAA and other commenters suggest commenters, thinks that automated a flight plan is not filed. In Notice 95– that the FAA identify specific safety flight planning and flight following 5, the FAA proposed that the affected objectives in requiring a dispatch information should be used in lieu of commuters would be required to have a system for short-haul certificate holders. dispatchers and dispatch centers. Two Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65845 of the commenters advocating of a flight follower with a scheduled because mountains block radio automated flight following systems state airline should qualify. These transmission. that the three accidents cited by the commenters also point out that the Air Vegas comments that all FAA in Notice 95–5 would not have practical portion of the dispatcher ‘‘dispatcher duties’’ are currently being been prevented by the use of a license is administered using a Boeing accomplished by personnel in the dispatcher. One commenter states that 727 aircraft. The commenters believe operations department, station in his experience PIC’s typically check that while many of the functions and managers, and company pilots. All dispatcher computations but do not decision making circumstances would flight following is being done by duplicate the computations as the FAA be the same, the experience of part 135 telephone. The commenter states that stated in Notice 95–5. flight followers, managing flights of high current flight following procedures meet The NTSB states that in its 1994 study performance turbopropeller-powered part 135 requirements and are report, it examined the differences in aircraft is a considerably more operationally safe and efficient. flight dispatch requirements between significant and practical measure of Mesa Airlines comments that due to parts 121 and 135. The NTSB found their capabilities than military its short flight segments and the lack of that, in the absence of support from experience or demonstrating their skills significant weather changes in the areas licensed dispatch personnel, pressures in managing a turbojet operation. The in which it operates, a dispatch system on commuter airline pilots to commenters believe that the cost and is not needed. Mesa believes that all accomplish several tasks between flights time to send current flight followers to enroute communications can be in shorter periods of time might increase a formal dispatcher school is not accomplished by ATC. the risk of critical mistakes that could justified. AACA states that the requirements of jeopardize the safety of flight. As a Samoa Air comments that since its subpart E come at a time when the result, the NTSB recommended that the longest flight is only 70 miles (35 availability of weather information in FAA require each principal operations minutes), a dispatch system would not Alaska has been identified as a inspector (POI) to periodically review enhance or change any of its current significant issue adversely affecting air carrier flight operations policies and requirements. Samoa has established aviation activities (proceedings of an practices concerning pilot tasks VFR and IFR fuel requirements to all of NTSB ‘‘Aviation Safety in Alaska’’ performed between flights. This review its destinations and the requirements do forum, May 1995). was to ensure that carriers provide not change. The only alternate airport is The Airline Dispatchers Federation pilots with adequate resources (such as the destination airport. Samoa also supports the dispatch proposal and time and personnel) to accomplish those states that § 121.101 requires each agrees with the upgrading of current tasks. According to NTSB, the proposed domestic and flag operator to show that commuter facilities to dispatch centers. rulemaking, if implemented, would enough weather reporting facilities are It believes this upgrading is necessary meet the intent of the safety available along each route to ensure because of the extensive use of code- recommendation (A–94–193). weather reports and forecasts necessary sharing by the aviation industry. The ASA, RAA, and Gulfstream for operations. Section 135.213 allows commenter is not in favor of amending International Airlines support many of the pilot in command to use various part 121 dispatch rules for certificate the elements of the dispatcher rule. other sources, including his own holders of the 10- to 19-seat category. They state that flight dispatch systems weather assessment, for VFR operations. The commenter provides its estimate of that are required under part 121 are Of the four airports Samoa serves, only costs to certificate holders that could be extensive since they address the one (departure airport) is in controlled affected by the implementation of this dispatch and en route communications airspace with weather reporting rule. The commenter notes that the costs needs for a span of air carriers from facilities and instrument approach provided by some certificate holders international airlines with worldwide procedures. Enroute and terminal may not be accurate. For example, cost flight operations to the largest U.S. weather conditions are received through estimates concerning flight planning regional carriers. ASA supports the the ATC tower from their weather and performance issues are inaccurate requirement for licensed dispatchers, station. VHF communications with the since several airlines use bulk stored believing that the most qualified tower cover almost the entire route, so flight plans and performance candidates for licensing as dispatchers the aircraft has ready access to any information taken directly from aircraft are the individuals currently employed weather information available and flight manuals for fuel planning. The as flight followers. These commenters direct information on the status of commenter also provides its assessment request that the criteria in § 65.57 be communications, navigation, and of various aircraft accidents for which it examined to provide guidance for airport facilities. A dispatcher would believes dispatchers could have made a granting a dispatcher certificate based not enhance safety but would add difference in changing events that led to on practical experience as a flight significant cost. If Samoa is required to the accident (crew fatigue, lack of follower under part 135 operations. provide weather conditions at each management oversight, operational According to the commenters, many airport to the pilot from an approved control issues, late arriving weather flight followers have passed the written source and the pilot can not assess the information). portion of the dispatch license but have weather himself, the rule change could ALPA comments that dispatchers not attended formal dispatch school and eliminate all of Samoa’s present should be required to complete their 5- do not hold licenses. However, they operations. hour inflight operating experience in 10- may have extensive practical experience Similarly, Inter Island and Air Vegas to 30-seat aircraft, not in larger 60-seat in scheduled air carrier operations comment that the requirement for aircraft, as currently allowed. ALPA performing what is essentially a enroute weather reporting is unfeasible proposes that § 121.400(b) be amended dispatcher function. According to these because of minimal weather reporting by adding a group specific to propeller- commenters, the criteria contained in facilities in the certificate holders’ driven aircraft with a seating capacity § 65.57 includes experience in regions. Air Vegas also comments that between 10–30 seats. scheduled military operations. The radio communication in mountainous AACA comments that due to the commenters believe that if military terrain would be difficult if not operating environment of Alaska, the experience is applicable, the experience impossible with VHF radio systems pilot and not the dispatcher is in a 65846 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations better position to access and evaluate (scheduled), and not the distance of a individuals from three separate operational control information. The flight, the number of aircraft, or the type departments (operations, station commenter believes that scheduled of aircraft being flown. Flight following managers, and company pilots), the operations in Alaska more closely systems are used for nonscheduled FAA finds that operational control resemble the operations conducted operations, and could be used for decisions can not be effectively made by under supplemental rules and not nonscheduled operations by affected three separate groups of individuals. domestic or flag operations. The commuters under the supplemental The perception is that ‘‘whoever is commenter notes that pilots frequently rules of part 121. Note: The dispatch available’’ makes the decision. For are not in radio communication with system requirements apply only to effective operational control, the company offices directly, but could scheduled passenger-carrying dispatch process should be standardized communicate via Flight Service Station, operations. and consistent. ATC, or other aircraft. According to the The FAA disagrees with the basic idea In response to NATA’s and others’ commenter, enroute and destination that the decision making process of comments on the nature of 10- to 19-seat weather conditions are either not operational control of aircraft can be certificate holders, the FAA finds that accessible or not available at any time made by automated means. While these certificate holders are not unique. from ‘‘official’’ sources. The commenter automation has improved the accuracy The same situation currently exists for notes that three affected certificate and timeliness of flight planning, some part 121 certificate holders who holders in Alaska presently have a part weather information, and NOTAMs, are required to maintain dispatch 121 type dispatch system in place. nothing so far has replaced the decision systems. AACA further states that the assumption making capabilities of a certificated In response to comments on the issue that estimated fuel savings by dispatcher. Dispatchers receive training of limited areas of operation and short dispatchers would offset the cost of in subject matter beyond just flight flight duration, the requirement for a establishing a dispatch system is not planning, e.g. crew resource dispatch facility is not based on true. AACA recommends that the FAA management, hazardous materials distances, the type of aircraft, or adopt the flight following supplemental regulations. These subjects are just a weather patterns alone. It is the type of rules of part 121 for Alaskan 10–19 seat small representation of the subject operation (scheduled) an air carrier is certificate holders. AACA also matter an aircraft dispatcher must know currently operating under that recommends that current part 135 in order to make operational control determines if dispatch systems are personnel be ‘‘grandfathered’’ for decisions. required. The role of the aircraft dispatcher certificates if they have been The FAA agrees with the comment dispatcher in the operational control of employed as flight followers. The that dispatchers are usually in a better aircraft provides an enhancement to commenter notes that the practical position to review weather reports and safety that has clearly been established experience dealing with turboprop forecasts than pilots hurrying to through years of operations by many air aircraft and flight planning may be lost accomplish other postflight/preflight carriers in both domestic and flag to the industry if flight followers are aircraft duties. Operational control operations. Continuous communications required to take extensive dispatcher issues are enhanced when both the pilot could be accomplished with HF radios training courses, pass a written and in command and the aircraft dispatcher or through satellite communications, practical test, and lose time and money are jointly responsible for the safe both of which can be provided through on the job while they obtain an FAA conduct of a flight. As several vendors. dispatcher certificate. commenters point out the overall level The FAA agrees with commenters that FAA Response: The FAA anticipates of safety is enhanced when a dispatcher for some part 135 certificate holders, that requiring operators to have a is available to assist and back up the personnel will first have to acquire the certificated dispatcher double check the pilots who already may have numerous necessary certificate and then complete work of the pilot and provide the responsibilities in addition to flying the required air carrier training flightcrew with updates on weather and airplane. Thus, while it may not be requirements for dispatchers. The alternate airports can reduce human possible to pinpoint accidents that have average dispatcher school curriculum factor errors. With a dispatcher system, actually been prevented by a dispatch lasts 5 weeks and usually includes the chances of pilot miscalculations or system, there can be little doubt that the instruction on both the written and oversights could be reduced. Moreover, existence of a dispatch system practical tests. The FAA believes that a dispatcher can assist the flightcrew in contributes to the overall high level of some part 135 personnel already possess making plans for an alternate airport safety of scheduled operations under aircraft dispatcher certificates and that (which might be necessary due to part 121. these personnel would be required to weather problems, air traffic control The FAA does not agree that use of attend only the air carrier’s dispatcher problems, airplane equipment problems, dispatchers would lead to complacency training program. Regardless, once an fuel problems, etc * * *) during the on the part of the flight crewmembers. air carrier employs a certificated flight while the crew focuses on flying Section 121.663 states that for each dispatcher, company training would the airplane. domestic and flag operation, a dispatch have to be completed. That training The FAA disagrees with the release must be prepared based on would entail 40 hours of basic recommendation to make the use of a information furnished by an authorized indoctrination, differences training, dispatcher and dispatch system optional dispatcher. The pilot in command and initial ground/transition of 30–40 hours since that would not address the safety an authorized dispatcher shall sign the (based on the type of aircraft), and a issues involved. The FAA also disagrees release only if they both believe that the competency check (see § 121.422). that a flight following system is an flight can be made safely. Dispatchers While the FAA does not agree with acceptable alternative to a dispatch provide the necessary resources and AACA’s recommendation to system or that dispatch systems are not expertise needed to review operational ‘‘grandfather’’ dispatcher certificates to needed for limited flight distances if control issues. current flight followers or flight locating there is adequate weather reporting In response to comments that in some personnel, § 65.57 outlines a means of facilities. The use of a dispatch system companies ‘‘dispatch’’ functions are providing credit for previous experience is based on the type of operation being adequately performed by in order to take the practical test. All Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65847 dispatcher applicants must complete the the dispatcher to satisfactorily complete certificate holders that currently operate appropriate written and practical tests at least 5 hours of operating out of the non-certificated outlying before a certificate can be issued. The familiarization in one of the types of airports to move their operations back to FAA agrees that training costs will be airplanes in each group he is to McCarran, thereby increasing traffic incurred to prepare current flight dispatch. Section 121.400(b) includes congestion and in-flight delays. following or flight locating personnel to all sizes of propeller-driven aircraft NATA and Commuter Air Technology qualify for a dispatcher certificate, under group 1. Therefore, the FAA concur with the FAA proposal to allow regardless of who pays for the training. allows dispatchers to complete the part 135 certificate holders to continue Replacement personnel will be needed operating familiarization in airplanes to operate with existing airport if the decision by the certificate holder that are not exactly the same size or requirements, but are concerned about is to send current employees to configuration as the ones they will the airport expansion program. NATA dispatcher training. dispatch. prefers that no new airport legislation be There is no requirement for adopted and that the proposed dispatchers to attend a formal school. V.G. Airports regulatory allowance for noncertificated Section 65.57, entitled experience Section 121.590 requires that no air airports be made permanent. requirements, allows several options in carrier or pilot conducting operations A comment from Fairchild Aircraft lieu of a formal school. under part 121 may operate an airplane mentions the Essential Air Service In response to specific requests to into a land airport in the U.S. (or Program enacted by Congress that expand the criteria in § 65.57 (aircraft territory, etc.) unless the airport is guarantees air service to small and dispatcher experience requirements) to certificated under 14 CFR part 139. medium size communities. Fairchild include personnel assigned to flight Section 135.229 states that no certificate says that the commuter industry locating and flight following under part holder may use any airport unless it is responded to that program and provided 135, the FAA believes that some part adequate for the proposed operations. essential air service to small and 135 experience is acceptable as Part 139 prescribes regulations medium communities, and that those equivalent experience in § 65.57. governing the certification and communities may not be able to afford Through current policy and guidance operation of all land airports that are the proposed airport expansion provided to FAA inspectors, a review on served by any scheduled or program. a case-by-case could be accomplished to nonscheduled passenger air carrier Other commenters state that it would ascertain if an applicant has equivalent operating airplanes with a seating not be feasible to upgrade smaller experience. capacity of more than 30 passengers. airports to part 139 standards. One In response to comments on the The FAA’s authority is limited by certificate holder states that of the five current format of the dispatcher statute (49 U.S.C. 44706(a)) to the 30- airports it serves only one meets part practical exam, § 65.59 requires an passenger-seat dividing line. The FAA, 139 standards; at the other airports applicant for an aircraft dispatcher in conjunction with the Department of where the certificate holder provides certificate to pass a practical test with Transportation, has sought legislation essential air service ‘‘there is no aircraft respect to any one type of large aircraft that would grant the agency the rescue or fire fighting equipment, used in air carrier operations. Further, authority to certificate any airport that airport guidance signs, airfield current practical test standards require receives scheduled service by a inspection procedures, airport staff, dispatcher applicants to exhibit certificate holder utilizing airplanes snow and ice control plan, or airfield adequate knowledge of applicable designed for 10 or more passenger seats. pavement maintenance. . . .’’ aircraft flight instruments and operating Accordingly, pending Congressional The American Association of Airport systems. The scope of the practical test resolution of this issue, affected Executives (AAAE), RAA, Airports allows for turboprop aircraft and commuters are permitted to operate into Council International-North America, representative commuter operations. other than part 139 certificated airports. and the National Association of State Practical tests are developed by the If the FAA receives expanded authority Aviation Officials would like the airport inspector conducting the test and can be over airport certification, it would expansion issue referred to an ARAC designed for any type of large aircraft, propose rulemaking standards that are committee before seeking federal including turboprop airplanes. sufficiently flexible to cover the range of legislation, to allow ARAC to develop a There is only one dispatcher written airports presently served under part cost-effective response to NTSB examination, the Airline Transport Pilot 135. recommendations that takes into question book. The selection sheet has Comments: Nine comments were account the difference between small questions applicable only to dispatchers received on this issue, with the major airports that serve rural communities and not based on any particular make concern being that airport legislation and large airports near major cities. and model of aircraft. The FAA is currently being considered may include ALPA believes that the FAA should considering developing written tests requirements that some communities require commuters to operate out of part geared to commuter-type operations. may not be able to afford which would 139 certificated airports in the interest However, the current written exam is negatively affect air service to these of one level of safety. ALPA recognizes valid in that it tests for areas common communities. that some airports in remote sites will to all make and models of aircraft. The The Las Vegas Department of Aviation not be capable of complying with all test requires knowledge of various comments that it has purchased and part 139 requirements. However, ALPA subject areas, i.e. the ability to interpret upgraded satellite airports in the Las does not believe that an exemption weather information, interpret Vegas area to help relieve the congestion should be provided for aircraft with regulations, handle emergencies, at the McCarran International Airport. passenger-seating capacities of 30 or compute weight and balance, etc. The commenter is concerned that the less. Rather certificate holders that serve The FAA disagrees with the ALPA Clark County Department of Aviation, small airports should apply individually recommendation to require dispatchers the Grand Canyon Tour Operators, and for an exemption or waiver. to receive 5 hours of operating the Las Vegas Department of Aviation Commuter Technology expresses experience in aircraft they will actually may not be able to afford additional concern that a revised part 139 may dispatch. Section 121.463(c) requires airport upgrades. This would cause result in the application of airplane 65848 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations operator security regulations of part 108 part 121 operations specifications; RAA is concerned that the population and the airport security regulations of however, these new entrants would of FAA inspectors qualified to perform part 107 to air carriers using aircraft meet the same requirements as the their duties under part 121 will not be with a seating capacity of 30 or fewer affected commuters, i.e., delayed dates able to respond to the new part 121 air seats. The commenter believes that the for retrofit of airplanes with certain carriers. According to RAA, FAA ARAC committee that is tasked with types of equipment. inspectors must be trained and qualified recommending revisions to part 139 Proposed § 121.2(c) and § 135.2(c) to help affected commuters achieve the should also be tasked with restricting or allow for regular or accelerated transition. RAA recommends a ‘‘fill in eliminating the applicability of part 107 compliance with part 121 requirements. the blanks manual’’ to achieve to small airports. According to the Proposed §§ 121.2(g) and 135.2(g) also standardization among FAA regions and commenter the application of parts 107 require an affected certificate holder to districts. If there is an insufficient and 108 to commuter air carriers and submit to the FAA a transition plan for number of qualified FAA inspectors, the the airports that serve them could have moving from part 135 to part 121. 1996 compliance date should be a radical effect on the economic Comments: Eleven comments were delayed. viability of the air carriers and airports. received on this issue. Several ASA proposes a standardized FAA Response: The FAA has assigned commenters express a desire for an transition program including three a task to the Aviation Rulemaking ‘‘incremental’’ or ‘‘phased’’ compliance elements: (1) a fill-in-the-blanks manual Advisory Committee (ARAC) to schedule. Two commenters are for transitioning carriers; (2) an recommend the requirements in part concerned that the proposed ‘‘turnkey’’ automatic exemption and incremental 139 that should be applicable to airports recertification event is high risk with no approval process; and (3) time covered under any expanded legislation early rewards or benefits. schedules from transitioning carriers that would give the FAA authority to RAA suggests revising proposed submitted to FAA. certificate airports serving airplanes §§ 121.2(c) and 135.2(c) to require Mesa Airlines recommends pre-formal with less than 30 passengers. In the compliance ‘‘not later than’’ 1 year after certification meetings with principal meantime, § 121.590 is adopted as final rule publication rather than the operations inspectors (POI’s) at an early proposed to allow affected commuters proposed ‘‘as of,’’ and adding the word date to familiarize both parties with the to use noncertificated airports. In ‘‘complete’’ before ‘‘14 CFR part 121 certification process outlined in FAA making its recommendations ARAC is to operations specifications.’’ RAA also Order 8400.10. According to Mesa, consider accepted industry practices suggests adding a new paragraph to the compliance statement development, regarding airport safety, personnel section that would state that a certificate individual operator transition plans, available at these airports, costs holder may be authorized under its GOM (general operating manual) associated with meeting these transition plan to comply with portions development, and formal certificate requirements (e.g. capital, operating, of part 121 instead of the equivalent application should be scheduled for the and maintenance costs), and the types of portions of part 135 in advance of being spring of 1996 to allow adequate review accidents/incidents that have occurred issued complete 14 CFR part 121 by respective POI’s. According to Mesa at these airports. operations specifications. Accordingly this would allow certificate holders to In response to the comment on RAA recommends adding to the be running their commuter operations security programs for airports and transition plan requirements of under part 121 rules by the summer of operators, no changes to parts 107 and paragraph (g) a new subparagraph to 1996. This in turn would allow for a 108 are necessary as a result of this rule include in the transition plans start-up phase for part 121 dispatch because the requirements of those parts provisions for interim compliance with operations and modifications to the are already tailored to the size of the portions of part 121 in advance of requirements for proving runs as airplane. obtaining complete 14 CFR 121 proposed in § 121.163 and would operations specifications. Other eliminate the necessity for formal initial V.H. Effective Date and Compliance commenters also request provisions for operating experience (IOE). Schedule complying with portions of part 121 in There were several comments on The FAA proposed an effective date advance of obtaining part 121 specific compliance dates. ALPA is of 30 days and a general compliance operations specifications. generally pleased with the compliance date of 1 year after publication of the Other commenters also state concerns schedule, but states that the 4-year final rule. The FAA stated in Notice 95– about FAA’s capacity to facilitate the compliance date for the installation of 5 that a final rule, if adopted, would be transition process on schedule. Two pitot heat indication systems could be published by December 31, 1995, and commenters perceive a shortage of shortened to 2 years, given the relative that within 1 year of that date, that is, trained inspectors and suggest that the ease of the modification. Fairchild by December 31, 1996, all affected compliance date be extended if an Aircraft finds fault with the fact that a certificate holders that have air carrier adequate number of inspectors are not 2-year delay is provided for compliance certification or operating certificates provided by mid year 1996. GAMA with emergency exit handle issued under part 135 at the time of suggests a reevaluation of the illumination, but no delay is allowed for publication would have completed the implementation schedule of compliance with § 121.310(b)(2)(ii), approval process and obtained new § 121.2(d)(1), citing a questionable which would require the replacement of operations specifications giving them number of aircraft certification service exit signs on new commuter category authority to conduct domestic or flag personnel to support the extensive airplanes. Mesa Airlines suggests that operations under part 121. design approval activity certain to compliance with part 121 crew flight Under the proposal, persons who do occur. Another commenter expresses and duty limitations be changed to not already have air carrier certificates concern over the necessary type January 1, 1997. or operating certificates who submit certification activity surrounding FAA Response: The final rule has a applications for or obtain air carrier modifications and suggests that 1 year is 30-day effective date and a general certificates or operating certificates after an unrealistic compliance deadline compliance date of 15 months after 30 days after the publication date of the given the current FAA Aircraft publication of the final rule. The FAA final rule would be required to obtain Certification Office backlog. is extending the general compliance Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65849 date to be consistent with the continue during the transition phase. Table 1—Summary of Modifications compliance date in the training The FAA believes that the training given shows the compliance dates for certain rulemaking referenced in Section III. E, to its inspectors, the guidance material retrofit and performance requirements Related FAA Action. Also, the proposed being prepared, and a cooperative for affected commuters. Many of these delayed compliance dates for certain working relationship between the are required by the end of the basic 15- retrofit requirements have been affected commuters and the FAA will month compliance period. Affected modified in response to comments. The ensure a smooth transition to part 121 commuters should be aware that by the final rule also establishes delayed operations. specified date they must comply with compliance dates for meeting the The transition plan must include the all part 121 requirements, not just the performance operating limitations of certificate holder’s proposed calendar of ones listed on Table 1. Although the part 121 for certain airplanes. events that shows how and when it table includes additional items that Compliance dates are provided in plans to make changes in its operations were not listed in the table in Notice § 121.2. This section has been 95–5, no new requirements are reorganized to separate compliance to meet the requirements of part 121. The transition plan should also show involved. Not all requirements are in the dates for 10–19 seat airplanes and those table. The purpose of the table is to detailed plans for accomplishing for 20–30 seat airplanes. Retrofit and show the compliance dates for certain activities and necessary retrofits for performance requirements compliance equipment and performance requirements with delayed compliance dates are listed on Table 1 and requirements that necessitate advance dates. The POI and the certificate holder discussed in the appropriate place in planning for purchasing and will schedule the inspections necessary the preamble. installation. Many of the delayed to show compliance with part 121 Because of the scope and significance requirements apply to airplanes in the requirements. When the inspections are of this rulemaking, the FAA has already current fleet, while others apply only to complete and the FAA has determined begun planning for the implementation newly manufactured airplanes. of the final rule. Training has been that the certificate holder can comply It should also be noted that § 121.2(h) provided for inspectors who will be with part 121, the FAA will issue new requires a certificate holder to comply responsible for overseeing the transition operations specifications. Until the new of the affected commuters from part 135 operations specifications are issued, the with corresponding part 135 to part 121 operations. Additional existing operations specifications requirements, as applicable, in the training planned for January 1996 will remain in effect. In any case the existing interval between the effective date of focus on the recertification and operations specifications expire on: (1) this rule and when the certificate holder transition process. Extensive guidance The date the new operations is in compliance with the part 121 material is being prepared to assist the specifications are issued; or (2) 15 requirements. In addition, the intent of inspectors during the transition process. months from this date of publication, § 121.2(h) is also included in specific Portions of this material will also be whichever is earlier. Affected certificate sections that have delayed compliance made available to the affected holders who want to comply with dates. commuters. certain part 121 requirements in This table does not apply to certificate The FAA agrees with Mesa Airlines advance of being issued complete 14 holders currently operating under part that meetings between POI’s and CFR part 121 operations specifications 121. The passenger seating affected commuters would help could include in their transition plan a configuration numbers provided in the facilitate the preparation of the phased schedule including advance chart do not mean that the requirement transition plan, which is due 90 days compliance for certain part 121 applies only to that size airplane but from today, and the planning necessary requirements, subject to their POI’s rather that the requirement is new for to ensure that normal operations can approval. that size airplane.

TABLE 1.ÐSUMMARY OF NEW EQUIPMENT AND PERFORMANCE MODIFICATIONS FOR AFFECTED COMMUTERS

Effective date of required upgrade is as stated, measured from the rule publication date Upgrade will apply to all air- Upgrade will planes including newly man- apply to all ufactured airplanes newly manu- factured air- planes Issue/requirement Within 15 Within years months (#) After years (#)

1. Passenger Seat Cushion Flammability, 10±19 Pax §§ 121.2, 121.312(c) ...... 15 2. Lavatory Fire Protection, 10±30 Pax §§ 121.2, 121.308 ...... 2 3. Exterior Emergency Exit Markings, 10±19 Pax § 121.310(g) ...... Yes. 4. Pitot Heat Indication System, 10±19 Pax §§ 121.2, 121.342 ...... 4 5. Landing Gear Aural Warning, 10±19 Pax §§ 121.2, 121.289 ...... 2 6. Takeoff Warning System, 10±19 Pax §§ 121.2, 121.293 ...... 4. 7. Emergency Exit Handle Illumination, 10±19 Pax §§ 121.2, 121.310(e)(2) ...... 2 8. First Aid Kits, 10±19 Pax § 121.309(d)(1)(i) ...... Yes. 9. Emergency Medical Kits, 20±30 Pax § 121.309(d)(1)(ii) ...... Yes. 10. Wing Ice Light, 10±19 Pax § 121.341(b) ...... Yes. 11. Fasten Seat Belt Light and Placards, 10±19 Pax §§ 121.2, 121.317 ...... Yes 1 ...... 21. 12. Third Attitude Indicator, 10±30 Pax:. Turbojet ...... Yes 2. Turboprop §§ 121.2, 121.305(j) ...... 152 15 months.2 13. Airborne Weather Radar, 10±19 Pax § 121.357 ...... Yes. 14. Protective Breathing Equipment, 10±30 Pax. § 121.2 ...... 2 65850 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

TABLE 1.ÐSUMMARY OF NEW EQUIPMENT AND PERFORMANCE MODIFICATIONS FOR AFFECTED COMMUTERSÐContinued

Effective date of required upgrade is as stated, measured from the rule publication date Upgrade will apply to all air- Upgrade will planes including newly man- apply to all ufactured airplanes newly manu- factured air- planes Issue/requirement Within 15 Within years months (#) After years (#)

§ 121.337(b)(8)ÐSmoke and fume protection § 121.337(b)(9)ÐFire fighting (20±30 only) 15. Safety Belts and Shoulder Harnesses, Single point inertial harness, 10±19 Pax §§ 121.2, ...... 15 months. 121.311(f). 16. Cabin Ozone Concentration, 10±30 Pax § 121.578 ...... Yes. 17. Retention of Galley Equipment, 10±30 Pax §§ 121.576, 121.577 ...... Yes. 18. Ditching approval, 10±30 Pax §§ 121.2, 121.161(b) ...... Yes 3 ...... 153 19. Flotation means, 10±30 Pax §§ 121.2, 121.340 ...... 2 20. Door Key and Locking Door, 20±30 Pax § 121.313(f) & (g) ...... Yes. 21. Portable O2, 20±30 Pax § 121.327±121.335 ...... Yes. 22. Additional life rafts, 10±30 Pax § 121.339 ...... Yes. 23. First Aid Oxygen, 20±30 Pax § 121.333(e)(3) ...... Yes. 24. Enroute radio communications, 10±30 Pax § 121.99 ...... Yes. 25. Latex gloves, 10±30 Pax § 121.309(d)(2) ...... Yes. 26. Passenger information cards, 20±30 Pax § 121.571(b) ...... Yes. 27. Flashlights-additional for flight attendant and pilot, 10±30 Pax § 121.549(b) ...... Yes. 28. Flashlight holder for flight attendant, 20±30 Pax § 121.310(l) ...... Yes. 29. DME, 10±30 Pax § 121.349(c) ...... Yes. 30. Single engine cruise performance data, 10±30 Pax (required for determining alternates) Yes. § 121.617. 31. Performance, Obstruction Clearance, and Accelerate-stop Requirements, 10±19 Pax Yes.4 ...... 154 §§ 121.2, 121.157, 121.173(b), 121.189(c). 1 In-service airplanes must comply within 15 months. They may use lights or placards. Newly manufactured airplanes must comply with seat belt sign requirements of § 121.317(a) within 2 years. 2 Turbojet airplanes must comply within 15 months. Newly manufactured turboprop airplanes must comply within 15 months. In-service 10±30 pax turboprop airplanes must comply within 15 years. 3 Transport category must comply within 15 months. Nontransport category can operate for 15 years without ditching approval. 4 Commuter category airplanes must comply within 15 months. SFAR 41 and predecessor category airplanes must comply within 15 years.

VI. Discussion of Specific Proposals received on the costs and benefits of the each specific requirement discussed in In this section specific proposals for proposed rule are addressed. The part this portion of the preamble. This is part 121 and part 119 are summarized, 121 discussion, which applies to the followed by a discussion of part 119 comments received are discussed, and affected commuters, appears first issues, which apply to all certificate the FAA’s response to those comments (Section VI.A). Table 2 provides a listing holders under part 121 and part 135 is given. In Section VII comments of comparable sections in part 135 for (Section VI.B).

TABLE 2.ÐCOMPARABLE SECTIONS IN PARTS 121 AND 135 [This table shows the comparable sections in parts 121 and 135 for each issue discussed in this preamble. Affected commuters, however, must comply with all sections in part 121 that are applicable to their operations, not just the ones listed in this table or discussed in this preamble]

Subject 135 Section 121 Section

Subparts E and FÐApproval of Routes: Domestic, Flag, and Supplemental Oper- 135.213 ...... 121.97, 121.99, 121.101, ations. 121.107. Subpart GÐManual Requirements ...... 135.21, .23 ...... 121.133, .135, 121.137. ÐContents and personnel ...... 121.141. ÐAirplane flight manual Subpart IÐAirplane Performance Operating Limitations ...... 135.365±.387 ...... 121.175±.197. Subpart JÐSpecial Airworthiness Requirements ...... 121.217. ÐInternal doors ...... 135.87 ...... 121.285. ÐCargo carried in the passenger compartment ...... 135 App. A ...... 121.289. ÐLanding gear aural warning device ...... 121.291. ÐEmergency evacuation and ditching demonstration. ÐNew special airworthiness requirements (retrofit) and requirements applicable ...... 121.293(a) (new). to future manufactured airplanes. ÐDitching emergency exits ...... 121.293(b) (new). ÐTakeoff warning system Subpart KÐInstrument and Equipment Requirements: ÐThird attitude indicator ...... 135.149 ...... 121.305(j). ÐLavatory fire protection ...... 135.163 (a), (h) ...... ÐEmergency equipment inspection ...... 121.308. ÐHand-held fire extinguishers ...... 135.177(b) ...... 121.309(b). ÐFirst aid kits and medical kits ...... 135.155 ...... 121.309(c). Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65851

TABLE 2.ÐCOMPARABLE SECTIONS IN PARTS 121 AND 135ÐContinued [This table shows the comparable sections in parts 121 and 135 for each issue discussed in this preamble. Affected commuters, however, must comply with all sections in part 121 that are applicable to their operations, not just the ones listed in this table or discussed in this preamble]

Subject 135 Section 121 Section

ÐCrash ax ...... 135.177(a)(1) ...... 121.309(d). ÐEmergency evacuation lighting and marking requirements ...... 135.177(a)(2), 135.178(c)± 121.309(e), 121.310(c)±(h). (h). ÐSeatbacks ÐSeatbelt and shoulder harnesses on the flight deck ...... 135.117 ...... 121.311(e), 121.311(f). ÐInterior materials and passenger seat cushion flammability ...... 135.169(a) ...... 121.312(b). ÐMiscellaneous equipment ...... 121.313 (c), (f), (g). ÐCockpit and door keys ...... 121.313(f). ÐCargo and baggage compartments ...... 121.587. ÐFuel tank access covers ...... 121.314, .221. ÐPassenger information ...... 121.316. ÐInstruments and equipment for operations at night ...... 135.127 ...... 121.317, 121.323. ÐOxygen requirements ÐPortable oxygen for flight attendants ...... 135.157 ...... 121.237±.335, 121.333(d). ÐProtective breathing equipment (PBE) ...... 121.337. ÐAdditional life rafts for extended underwater operations ...... 135.167 ...... 121.339. ÐFlotation devices ÐPitot heat indication system ...... 121.340. ÐRadio equipment ...... 135.158 ...... 121.342. ÐEmergency equipment for operations over uninhabited terrain ...... 135.177, .178 ...... 121.353. ÐTCAS ÐFlight data recorders ...... 135.180 ...... 121.356. ÐAirborne weather radar ...... 135.152 (a), (b) ...... 121.343. ÐCockpit voice recorders ...... 135.173, .175 ...... 121.357. ÐLow-altitude windshear systems ...... 135.151 ...... 121.359. ÐGround proximity warning system (GPWS) ...... 135.153 ...... Subpart LÐMaintenance, Preventive Maintenance, and Alterations: ÐApplicability ...... 135.411(a)(2) ...... 121.361. ÐResponsibility for Airworthiness ...... 135.413 ...... 121.363. ÐMaintenance, preventive maintenance, and alteration organization ...... 135.423, .425 ...... 121.365, .367. ÐManual requirements ...... 135.427 ...... 121.369. ÐRequired inspection personnel ...... 135.429 ...... 121.371. ÐContinuing analysis and surveillance ...... 135.431 ...... 121.373. ÐMaintenance and preventive maintenance training programs ...... 135.433 ...... 121.375. ÐMaintenance and preventive maintenance personnel duty time limitations ...... 121.377. ÐCertificate requirements ...... 135.435 ...... 121.378. ÐAuthority to perform and approve maintenance, preventive maintenance, and 135.437 ...... 121.379. alterations. ÐMaintenance recording requirements ...... 135.439(a)(2) ...... 121.380(a)(2). ÐTransfer of maintenance records ...... 135.441 ...... 121.380a. Subpart MÐAirman and Crewmember Requirements: ÐFlight attendant complement ...... 135.107 ...... 121.391. ÐFlight attendants being seated during movement on the surface ...... 135.128(a) ...... 121.391(d). ÐFlight attendants or other qualified personnel at the gate ...... 121.391(e), 121.417, 121.393 (new). Subparts N and OÐTraining Program and Crewmember Requirements ...... 121.400±121.459. Subpart PÐAircraft Dispatcher Qualifications and Duty Time Limitations: Domestic ...... 121.461±121.467. and Flag. Air Carriers Subparts Q, R, and SÐFlight Time Limitations and Rest Requirements: Domestic, 135.261±135.273 ...... 121.470±121.525. Flag, and Supplemental Operations. Subpart TÐFlight Operations: ÐOperational control ...... 135.77, .79, 135.75, 121.533, .535, 121.537, 135.69, .19. 121.547, 121.551, .553. ÐAdmission to the flight deck ...... 121.557, .559, 121.565 (new). ÐEmergency procedures ...... 135.117, .127 ...... 121.571(a), 121.533, .573, 121.585. ÐPassenger information ...... 135.91(d) ...... 121.574. ÐOxygen for medical use by passengers ...... 135.121, 135.87, .122 ...... 121.575, 121.577. ÐAlcoholic beverages ...... 121.578(b). ÐRetention of items of mass ...... 135.93 ...... 121.579. ÐCabin ozone concentration ...... ÐMinimum altitudes for use of autopilot ...... 135.75, 135.23(q) ...... 121.581, 121.586. ÐForward observer's seat ÐAuthority to refuse transportation ...... 135.87, 135.229, .217 ...... 121.589, 121.590. ÐCarry-on baggage ...... 121.617(a). ÐAirports Subpart UÐDispatching and Flight Release Rules: ÐFlight release authority ...... 121.597. 65852 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

TABLE 2.ÐCOMPARABLE SECTIONS IN PARTS 121 AND 135ÐContinued [This table shows the comparable sections in parts 121 and 135 for each issue discussed in this preamble. Affected commuters, however, must comply with all sections in part 121 that are applicable to their operations, not just the ones listed in this table or discussed in this preamble]

Subject 135 Section 121 Section

ÐDispatch or flight release under VFR ...... 135.211 ...... 121.611. ÐOperations in icing conditions ...... 135.227, .341, 135.345 ...... 121.629. ÐFuel reserves ...... 135.209, .223 ...... 121.639, .641, 121.643, .645. Subpart VÐRecords and Reports ...... 135.65(c), 135.415(a) ...... 121.701(a), 121.703 (a), (e). ÐMaintenance log: Airplane ...... 135.417 ...... 121.705(b). ÐMechanical interruption summary report ...... 135.439(a)(2), 135.443 ...... 121.707, 121.709. ÐAlteration and repair reports ...... ÐAirworthiness release or airplane log entry ...... 121.711, .713, 121.715. ÐOther recordkeeping requirements.

VI.A. Part 121 Discussion the intended operation. This would be independent of any system operated by a new requirement for affected the United States. VI.A.1. Subpart E—Approval of Routes: certificate holders, as discussed in Domestic and Flag Air Carriers FAA Response: The ALPA suggestion Section V.F., Dispatch System. on requiring that each pilot have a Section 121.97 requires each domestic separate set of navigation and approach and flag operator to show that each Comments: ALPA comments that the upgrade to part 121 represents a major charts is beyond the scope of this route it submits for approval has enough rulemaking; however, the FAA is airports that are properly equipped and improvement over part 135. ALPA also comments that Subparts E and F should planning to initiate a separate adequate for the proposed operation. rulemaking on the issue. The operator must also have an be upgraded to require that each pilot have a set of approach and navigation Section 121.99 requires each domestic approved system to disseminate this and flag air carrier to have a two-way information to appropriate personnel. charts rather than having to share a set. ALPA provides supportive information, radio communication system that is Although part 135 has similar independent of any system operated by requirements, part 121 requires more such as an NTSB recommendation (A– 95–35) for a similar requirement. the United States. FAA flight service information. stations and air traffic control facilities Section 121.99 requires each domestic Several comments were received on that are currently providing radio and flag operator to have a two-way air/ the enroute radio communication communication service for certificate ground communication system between requirements of § 121.99. ASA and RAA holders are used for the control of each airplane and the appropriate air question the need for airline provided aircraft and were never intended to be traffic control facility, along the entire enroute radio communication capability used by individual certificate holders to route. In the 48 contiguous States and for short-haul flights and request that the District of Columbia, the relay information that is the certificate the requirement be reconsidered. holder’s responsibility, such as communications system between each According to these commenters, the airplane and the dispatch center must scheduling changes or weather average enroute times for affected information. Hence, an additional be independent of any system operated certificate holders is less than an hour. by the United States. This would be a expense would be incurred by For such short flights there is little time certificate holders required to contract new requirement for the affected during the enroute portion of a flight for certificate holders. for communication services through company communication. The cost of commercial services. However, it is Section 121.101 requires each installing company communications domestic and flag operator to show that believed that most part 135 certificate would be high and safety would not be enough weather reporting facilities are holders already have facilities and diminished without company available along each route to ensure communications equipment that satisfy communication since the crew can be weather reports and forecasts necessary the dispatch requirements under part contacted through Air Traffic Control. for the operation. For operations within 121. the 48 contiguous States and the District AACA points out that this would be The FAA believes that there is a need of Columbia, these reports must be a new requirement for affected for a two-way air-ground radio prepared by the National Weather commuters. Intrastate Alaskan communication system that will ensure Service. For other areas, a system must operations now conducted under flag reliable and rapid communications over be approved by the Administrator. operations rules will be conducted the entire route between each airplane Section 135.213 has similar under domestic rules and would be and the appropriate dispatch office and requirements, except that the pilot in required to comply with the between each airplane and the command is allowed to use various independent communications systems appropriate air traffic control unit. The other sources, including his own requirements. Because of low altitudes, need to show that each operator has a weather assessment, for VFR operations. VFR flight operations, and the lack of two-way radio system is not new. This section also requires reports of Remote Communications Outlet at many However, the requirement to have an adverse weather phenomena. The FAA locations, maintaining communications independent system is new for proposed that affected certificate will require construction of a large operations of affected commuters and holders comply with part 121. communications infrastructure. When intrastate Alaska and Hawaii operations Section 121.107 requires each operators in Alaska use flag rules, previously conducted under flag domestic and flag operator to have AACA interprets § 121.99 to not require operations rules. While no commenters enough dispatch centers, adequate for the communications system be focus on § 121.97 or § 121.117, the FAA Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65853 points out under §§ 121.97(b)(4)(i) and and that this is a reasonable proposal under part 121 must comply with the 121.117(b)(4)(i) affected operators will that they fully support. Fairchild regulations in part 121 (and other be required to comply with airport data Aircraft also states that § 121.141(b)(2) applicable regulations). Requirements requirements which include applicable contains a reference to ‘‘rotorcraft’’ for preparing and maintaining a manual performance requirements of Subpart I. which should be deleted. serve the purpose of supplying For affected airplanes these performance ALPA states that the key to an information to personnel. Information in requirements will be found in new efficient, safe airline operation can the manual must be accurate and appendix K to part 121 as referenced in normally be found in the manuals consistent with the regulations. Since subpart I. developed by the airline. ALPA the manual may also include company supports the FAA in adopting all facets policy and guidance to personnel, all VI.A.2. Subpart F—Approval of Routes: of Subpart G. ALPA also states that portions of the manual are not Approval of Areas and Routes for § 121.135(b)(2) should be amended by enforceable as regulations. The language Supplemental Air Carriers and removing, ‘‘in the case of supplemental of the manual requirements does, Commercial Operators air carriers and commercial operators,’’ however, imply that the certificate This subpart is similar to subpart E so that the paragraph reads: ‘‘Duties . .. holder must adhere to all of the contents except that it applies to supplemental of the ground organization, and of the manual and that the certificate operations and prescribes flight management personnel.’’ According to holder’s personnel must use the manual following requirements. Under the ALPA, the requirement to include in the in conducting operations. proposal, this subpart would apply in manual duties and responsibilities of In response to the comment that the cases where an affected operator uses an management personnel would no longer manual requirements will be a burden airplane that is also used in domestic be applicable only to supplemental and for small businesses and that an outline operations to conduct a nonscheduled commercial operators since proposed of procedures would be more helpful to operation. On this issue, no comments part 119 requires management personnel, small certificate holders are were received and the final rule is personnel for all certificate holders. already meeting the manual adopted as proposed. One commenter states that § 121.133 requirements of part 135; this should require compliance with the VI.A.3. Subpart G—Manual rulemaking requires an update of certificate holder’s manuals. Requirements manuals and broader distribution of the Metro International Airways states manuals. An outline of procedures Manual requirements: Contents and that the cost of new manuals would be could be used as guidance in addition personnel: Under subpart G of part 121 excessive for small businesses and that to the manuals or as part of a manual, certificate holders are required to an outline of procedures would be a but under current part 135 it would not prepare and keep current a manual more useful reference than a highly suffice as meeting the manual containing policies, procedures, detailed manual. requirements. applicable regulations, and other FAA Response: All but one of the In the final rule § 121.133 has been information necessary to allow comments received regarding the revised to update the terminology. crewmembers and ground personnel to manual requirements support the conduct the operations properly (see implementation of Subpart G of part VI.A.4. Subpart H—Airplane § 121.133 and § 121.135). While the 121. Only one comment regarding the Requirements requirements of parts 121 and 135 are costs associated with the manuals For comments and FAA responses to similar, part 121 manual requirements required by § 121.131 was received. the requirements in § 121.157, Aircraft contain a more extensive list of manual Additionally, the FAA has received certification and equipment contents (§ 121.135). Under part 121 the requests from certificate holders that requirements, see the discussion in manual or appropriate parts must also would like to begin the process of Section V. C., Aircraft Certification. be furnished to more personnel, such as transition prior to implementation of the Single-engine airplanes. Section aircraft dispatchers and flight rule. This would allow those certificate 121.159 prohibits operation of single- attendants, and made available to holders to spread the cost of manual engine airplanes under part 121. No others, such as station agents. Notice production and distribution over a change to this prohibition was proposed 95–5 stated that the effect of these longer period of time. The question of since the FAA does not consider single- differences between compliance with phased-in-implementation is not unique engine airplanes acceptable to part 121 part 121 versus compliance with part to this issue and is addressed elsewhere standards. Under the proposal, this 135 would be significant for commuter in this document. section was amended to delete an operators. The proposal would require The FAA agrees with ALPA’s obsolete reference to § 121.9. No developing, producing, and distributing suggestion to revise the wording of comments were received on this issue new manuals appropriate to part 121. In § 121.135(b)(2). This is not a substantive and the final rule is adopted as addition, § 121.137 requires the air change from Notice 95–5 because proposed. For a related discussion on carrier to issue a manual or appropriate § 119.65(e) also requires that manuals the operation of single-engine Otters, parts to each crewmember and requires contain the duties and responsibilities see ‘‘Applicability: Alaska,’’ in Section each crewmember to keep the manual of required management personnel. The V.B. up to date and have it with him or her FAA also agrees with Fairchild’s Airplane limitations: Type of route. when performing assigned duties. Part suggestion to delete the word Section 121.161(a) requires that a two- 135 does not require that flight ‘‘rotorcraft’’ from § 121.141(b)(2). These engine or three-engine airplane except a attendants be issued a manual; however, recommendations are appropriate. In three-engine turbine powered airplane it does require that any person to whom the final rule §§ 121.135(b)(2) and must be within 1-hour flying time from a manual is issued must keep it up-to- 121.141(b)(2) are revised accordingly. an adequate airport at normal cruising date (see § 135.21). In response to the comment that speed with one engine inoperative, Comments: Fairchild Aircraft states § 121.133 should require compliance unless otherwise approved by the that § 121.137 would require at least one with the certificate holder’s manual, the Administrator. Part 135 does not copy of the manual specified by holder of an air carrier certificate with contain a comparable requirement; § 121.133 to be carried in the airplane operations specifications to operate however, the FAA proposed that 65854 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations affected commuters would comply with FAA Response: Despite the comments Unlike current part 25, part 23 contains the requirements of § 121.161(a). to the contrary, the FAA has decided to no standards for ditching approval. Section 121.161(b) contains a separate adopt its proposal to apply the route Unlike those older airplanes excluded requirement that (with some exceptions limitation requirements of § 121.161(a) in § 121.161, none of the part 23 for certain older airplanes) no person to the 10- to 30-seat airplanes operated airplanes have been shown to comply may operate a land plane in extended by the affected commuters. Under that with any ditching standards. Contrary to overwater operations unless it is section any route flown by a twin the commenter’s assumption, requiring certificated or approved as adequate for engine commuter type airplane must be part 23 airplanes used in extended ditching. The FAA proposed that flown so that it is within 1 hour of an overwater operations to meet the affected commuters would also comply adequate airport for landing. Part 121 ditching certification requirements was with the requirements of § 121.161(b). In and its predecessor regulations have not an oversight. In Notice 95–5 Notice 95–5, the FAA invited specific applied route limitation requirements to preamble, the FAA concluded that these comments on the potential impact of airplanes operating under those requirements should be applied to the these proposals on operations in Alaska. requirements since 1936. While the operations that would be moved from Comments: Several comments were specific details of the route limitation part 135 to part 121. received on the § 121.161(a) requirement have changed over the After considering the comments, the requirement to be within 1 hour of an years, the underlying safety issue has FAA has determined that until 15 years airport with one engine inoperative. not; the certificate holder must show, after the date of publication of the final One commenter suggests that § 121.161 before operating affected airplanes over rule a certificate holder may operate in be rewritten to reflect today’s a route, that it can safely continue flight an extended overwater operation a environment, since no airport in the in an emergency situation to an airport nontransport category land airplane U.S. is more than 1 hour away for these adequate for landing. The FAA type certificated after December 31, commuter airplanes. The commenter understands that some of these 1964, that was not certificated for also states that the rule should specify airplanes will require an AFM revision ditching under the ditching provisions the requirements for two-engine that will provide engine-out cruise of part 25 of this chapter. Section operations over the water. speed data. There are routes in areas 121.161(c) has been added accordingly. Fairchild and AIA both state that outside of the contiguous U.S. that are Proving tests. Section 121.163 § 121.161(a) would require single-engine more than 1 hour flying time (with one provides proving test requirements for cruising speed data and this data is engine inoperative) from an adequate part 121. In addition to aircraft unlikely to be included in some airport. In accordance with § 121.161(a), certification tests, an aircraft to be Airplane Flight Manuals (AFM). The the Administrator may authorize a operated under part 121 must have at commenters also state that there appears least 100 hours of proving tests for an deviation from the requirement, if the to be no safety benefit and it will be airplane not previously proven for use operator can show that the 1-hour flight difficult to show compliance. According in part 121 operations, and 50 hours of time limit is not necessary based on the to these commenters, the final rule proving tests for an airplane previously character of the terrain, the kind of should except 10–30 passenger seat proven for use in part 121 operations. operation, or the performance of the airplanes. The number of hours may be reduced by airplane. Obtaining authorization to Phoenix Air anticipates that its the Administrator. Section 135.145 conduct extended range operations with operations with a Grumman G–159 requires 25 hours of proving tests in two-engine airplanes is dependent upon Gulfstream airplane would be disrupted addition to certification tests for many factors. Some of these factors are due to the requirements of § 121.161, certificate holders that operate turbojet since they intend to start service a type design review of the airframe airplanes or airplanes for which two between Honolulu and Midway Island. system, a review of the in-service pilots are required for operations under There are no airports that would be history of the airplane propulsion VFR if that airplane or an airplane of the within 1 hour of the intended flight system, and an assessment of the same make and similar design has not path. certificate holder’s maintenance and been previously proved in any Jetstream concurs with the inspection program capability for operations under part 135. Both requirement that airplane routes should extended range operations. Advisory §§ 135.145 and 121.163 require proving be within 1 hour of an adequate airport. Circular 120–42 provides the guidelines tests for materially altered airplanes. Three comments were received on the for this authority. Other rules provide However, under § 121.163, proving tests certification ditching requirements of the requirements for extended overwater apply to each airplane to be operated § 121.161(b). Fairchild and AIA note an routes. under part 121. Under part 135 proving apparent oversight in that the FAA did The Douglas DC–3 and Curtiss C–46 tests apply to each aircraft or to aircraft not propose to exclude part 23 Normal airplanes excluded from § 121.161(b) of similar make and design. Part 121 or Commuter Category airplanes from were type certificated and manufactured also describes three types of proving the ditching requirements of before the present standards of part 25 tests. Under part 121, the initial § 121.161(b). were adopted. These aircraft were operator of a type of airplane must AACA notes that several certificate excluded because of their previous conduct at least 100 hours of proving holders fly affected aircraft on extended operating experience which showed, in tests, acceptable to the FAA, which can overwater routes in Alaska. Compliance some cases through actual ditchings, be reduced in appropriate with the part 25 ditching requirements that these old airplanes could ditch circumstances. Moreover, for each kind would add certification costs, impose satisfactorily. The Convair 240, 340, and of operation (e.g., domestic, flag, equipment weight penalties, and reduce 440 and Martin 404 airplanes were also supplemental) that a certificate holder payloads. According to the commenter, type certificated before the present conducts, 50 hours of proving tests are the FAA did not calculate these costs. standards were adopted. They were required, which are reducible in The commenter supplies information excluded because tests conducted by the appropriate circumstances. indicating that costs to comply with the National Advisory Committee for Comments: Six substantive comments ditching requirements of part 25 are Aviation showed they would have were received. Comair and RAA concur substantial. excellent ditching characteristics. with the requirement for an air carrier Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65855 to demonstrate its ability to perform in compliance with the applicable VI.A.5. Subpart I—Airplane accordance with part 121 and company regulatory standards. Performance Operating Limitations. procedures. However, Comair proposes The FAA agrees that carriers currently Subpart I contains airplane conducting operations under both part that carriers currently conducting performance operating limitations that 121 and part 135 (split certificates) will operations under part 121 and part 135 apply to all part 121 certificate holders; be eligible to apply for a reduction of (split certificates) should not be however, not every section in subpart I the number of hours required to conduct required to conduct this demonstration. applies to every certificate holder. For the demonstration required by Carriers conducting part 121 and part example, §§ 121.175 through 121.187 paragraph (b). In regard to the comment 135 operations have previously proven apply to reciprocating engine-powered that flight crewmembers that are new to their ability to conduct part 121 transport category airplanes and operations. If the requirement for part 121 operations will demonstrate §§ 121.189 through 121.197 apply to dispatching is adopted, flight their proficiency during turbine engine-powered transport crewmembers will demonstrate their accomplishment of a line check, the category airplanes (with an exception proficiency with the new system during FAA does not agree that this could take for certain reciprocating-powered their required line check. the place of proving flights. The primary RAA comments that proving flight focus of proving flights is not simply to airplanes that have been converted to hours should be reduced based on test the proficiency of flight turbo-propeller-powered). Sections ‘‘experience and performance’’ factors. crewmembers but to test the company’s 121.199 through 121.205 apply to To facilitate a reduction in flight hours, operational control procedures for the nontransport category airplanes. the FAA should identify those specific airplanes that will be operated in In part 121 the term ‘‘nontransport procedures for which non-revenue accordance with the requirements for a category airplane’’ is currently used to proving flights would be required and new kind of operation, i.e., flag or refer to older airplanes like the Curtis specify a realistic number of flights or domestic. The FAA supports the idea C–46, that were type certificated before flight hours which would be sufficient that proving flight hours should be the transport category was established, to demonstrate those procedures. reduced based on ‘‘experience and i.e., the early 1940’s. However, many ASA believes that the requirement for performance’’ factors. The FAA has airplanes type certificated over the last proving flights will result in an increase begun to identify those specific 20 years used by affected commuters in both initial and recurring costs. procedures for which proving flights (e.g., commuter category and SFAR 41 United Express joins ASA in proposing would be required and to specify a airplanes and predecessor categories), that FAA recognize the experience level realistic number of flights or flight hours are also nontransport category. of air carriers operating under part 135 which would be sufficient to Therefore, the FAA proposed to delete and permit proving tests to be demonstrate those procedures. This the term ‘‘transport category’’ conducted during revenue service. guidance to FAA inspectors will be throughout subpart I and to include United Express further proposes that the provided in a revision to Order 8400.10. language where appropriate to except required number of hours be reduced for The FAA agrees that proving tests will airplanes type certificated before those carriers currently using a dispatch require an expenditure of the carrier’s January 1, 1965, that were not system. financial resources. Safety requires certificated in the transport category. Big Sky Airlines recommends a these proving tests to determine that an This would have the effect of requiring waiver of the requirement for a proving operator can conduct operations under airplanes type certificated in the test for airlines that have a good safety part 121 safely, using new procedures, commuter category or a commuter record and proven experience. The dispatches, etc. The FAA recognizes the category predecessor to be operated commenter justifies its recommendation experience level of air carriers operating under the performance operating on the basis of excessive and under part 135 and, based on the limitations of §§ 121.175 through unnecessary burden and cost. carrier’s experience with part 121, will 121.197, as applicable. Commuter Air Technology requests provide FSDO inspectors with written Comments: ALPA states that all clarification concerning which guidance on approving deviations from requirements of part 121 subpart I modifications to specific aircraft would the requirements of § 121.163. The FAA should be complied with by all turbo- require 100-hour initial proving tests. believes that proving tests are an propeller airplanes with a passenger FAA Response: Section 121.163 has essential part of the certification process capacity of 10 or more. two main parts. Paragraph (a) prohibits and also provide the carrier with an AACA concurs that airplanes with 10 a carrier from operating an aircraft type opportunity to do some ‘‘dry-runs’’ to 19 seats should be required to comply in scheduled service that has never been before beginning revenue service under with all of the proposed modifications used in scheduled service until it has a completely new set of regulatory (in Table 1 of Notice 95–5) except for flown 100 hours of proving flights. standards. The FAA’s intent is to part 121 performance and obstruction These hours are in addition to any provide inspectors with the authority to clearance and floor proximity lighting. aircraft certification tests. For the provide deviations from the proving test (See later discussion of floor proximity purposes of this rulemaking, the FAA requirements. FAA Headquarters will lighting.) recognizes that the current commuter review each proposed reduction of Jetstream, RAA and ALPA support the fleet has established a sufficient history proving test hours and will concur or overall proposals concerning the higher of operations and does not intend to not concur with the proposed number of level of performance requirements. require the 100 hours of proving flights hours for each affected commuter. However, they join with Commuter Air for aircraft currently being operated by In response to Commuter Air Technology, Raytheon and an those carriers affected by this Technology’s request for clarification individual to point out that additional rulemaking. Paragraph (b) of § 121.163 concerning which modifications to performance data/charts would need to requires 50 hours of tests for the carrier specific aircraft would require 100 hour be developed (for example: accelerate- to show that not only can it operate and initial proving tests, § 121.163(d) stop and obstacle clearance data). RAA maintain the aircraft, but also that it has contains criteria for when a type of also recommends a 2-year time frame the ability to conduct a particular kind aircraft is considered to be materially instead of the proposed 1-year of operation (i.e., domestic or flag) in altered in design. performance compliance date. 65856 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Jetstream states that Notice 95–5, in August 29, 1959, may take off that or in a new Appendix to 121 for conjunction with other proposed rules airplane at a weight greater than that nontransport category airplanes, except and changes, will introduce more listed in the Airplane Flight Manual for the commuter category or SFAR 41, weight to the aircraft. In addition to this, (AFM) at which compliance with the ICAO Annex 8 airplanes, before these AC 120–27D, Aircraft Weight and following may be shown: (1) The airplanes could comply with Balance Control, will increase standard accelerate-stop distance must not § 121.189(d)(2) requirements. average passenger weights used for exceed the length of the runway plus As with accelerate-stop data, the FAA calculations. The combined effect is that the length of any stopway.’’ agrees that new or additional these aircraft will no longer be allowed The FAA agrees that new or performance obstacle clearance data for to carry 19 passengers due to reduced additional performance data would certain airplanes would need to be payload capacity. According to the need to be developed for certain developed, and that this data would commenter, the combined effect of the airplanes, and that this data would need need to be approved by an FAA Aircraft weight changes is about two passengers. to be acceptable to the FAA Aircraft Certification Office and incorporated Jetstream and Raytheon comment that Certification Office and incorporated into the Aircraft Flight Manual. current FAA policy should be revised to into the Airplane Flight Manual (AFM). Raytheon estimates that to provide allow manufacturers to increase the At the present time, some AFM’s (for obstacle clearance data, testing would maximum takeoff weights for aircraft Beech 99, certain Metroliners, and the have to be done on all Beech 99 models certificated under SFAR 41. They justify Twin Otter) do not have accelerate-stop and the price per each airplane for the their comments by stating that the distance data, only accelerate-slow data. new performance data would be $63,000 increase in maximum takeoff weight In order for the airplane operator to ($53,000 for the Beech 1300). This cost will provide a mitigation of the comply with § 121.189(c)(1), the must be incurred by the manufacturer additional equipment weights incurred operators would have to request an and then passed on to all the operators. under this rulemaking. AFM supplement from the airplane The FAA recognizes the significant One commenter states that better manufacturers showing this required problems in developing the necessary weight and balance control by the FAA data. The FAA has not required the performance data for airplanes type is necessary because many operators are manufacturers to develop this data. If certificated under a wide range of flying over maximum weight. they have developed the data, it would standards over the past 30 years, Fairchild, Jetstream, and AIA propose still have to be certificated by the FAA including part 23 (or its predecessor, that the FAA incorporate the language as a revision to the AFM. If the part 3 of the Civil Air Regulations) of § 135.181(a)(2) into § 121.191, which manufacturer does not have accelerate- normal category, plus additional would provide, in their view, a more stop data, it will have to flight test, standards in the form of special conservative approach to one engine simulate, or analytically prove conditions, SFAR 23, SFAR 41C, or part inoperative enroute operations. accelerate-stop distance data to the 135, appendix A, or part 23 commuter Jetstream also notes that there is no FAA. This process could be expensive category. Development of the additional requirement for commuter airplanes to to the operators who would pay for the performance data for airplanes show Net En Route Flight Path data in manufacturer’s support. certificated under older standards may their AFM’s. This rulemaking does not require the be developed by conducting actual One commenter suggests that part 121 affected airplanes that are currently in flight tests, data analysis, or any other be written to specify the exact service or airplanes that will be methods acceptable to the Aircraft performance requirements for manufactured under an existing type Certification Office. The FAA believes nontransport category airplanes to be certificate to meet the engine-out climb that the performance requirements of included in their performance manuals gradient performance required by part § 121.189(d)(2), obstacle clearance with so there would be no confusion with 25. These airplanes will, however, be an engine-out after takeoff, contribute to other FAA performance requirements. required to meet the obstacle clearance an increased level of passenger and Fairchild and AIA suggest deleting all limitations of § 121.189(d)(2). crew safety. references to ‘‘transport category’’ in Section 121.189(d)(2) states for The FAA also understands that the §§ 121.189 through 121.197. turbine engine powered takeoff requirements for accelerate-stop and FAA Response: Section 121.135(b) limitations, that ‘‘(d) No person obstruction clearance may, in fact, requires that the manual contain operating a turbine engine powered remove certain airplanes from service in methods and procedures for category airplane may take off that part 121. It may also affect the maintaining the aircraft weight and airplane at a weight greater than that operational capability of some center of gravity within approved limits. listed in the Airplane Flight Manual— operators, depending on the location Approved weight and balance control (2) In the case of an airplane certificated and height of obstacles, and may procedures are the only means for an after September 30, 1958, that allows a terminate air carrier service to some operator/applicant to authorize the use net takeoff flight path that clears all communities if airplanes are removed of other than known weights for crew, obstacles either by a height of at least 35 from service. passengers, baggage, or cargo. The feet vertically, or by at least 200 feet Because of the difficulty that affected weight and balance control program, horizontally within the airport commuters would face in meeting the including loading schedules and charts, boundaries and by at least 300 feet part 121 performance operating are approved on operations horizontally after passing the limitations with their existing fleet, the specifications by the FAA. This program boundaries.’’ AFM’s for some older FAA has decided to provide delayed must be included in the operator/ airplanes with seating capacity of 10-to- compliance for these requirements. applicant’s policies and procedures 19 passengers do not have data to show Subpart I has been amended to state manual. the required climb gradient or the different requirements for aircraft used Section 121.189(c)(1) states, for certification basis to clear obstacles after by affected commuters that were turbine engine powered takeoff takeoff with an engine-out at a specified certificated under different certification limitations, that ‘‘(c) No person weight. As one commenter suggests, standards, as follows: operating a turbine engine powered additional certification requirements 1. Airplanes certificated under category airplane certificated after would have to be identified in part 121 commuter category can meet all of the Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65857 airplane performance requirements of enhancements that provide for a higher VI.A.6 Subpart J—Special Airworthiness part 121 within 15 months of the level of safety. This level of safety Requirements publication of the final rule. required in part 121 should be available Internal doors. Section 121.217 2. Airplanes certificated under SFAR to all passengers flown on carriers prescribes that in any case where 41 or earlier certification standards will operating under part 121. internal doors are equipped with be allowed to continue to comply with louvers or other ventilating means, there the part 135 Subpart I and other Section 121.191 requires that the must be a means convenient to the crew airplane performance operating AFM show a one-engine inoperative net for closing the flow of air through the limitations requirements for 15 years. en route flight path which would door when necessary. The FAA anticipates that some of the provide a positive slope at an altitude of Comments: Raytheon Aircraft states SFAR 41 airplanes will be able to meet at least 1,000 feet above the terrain that a new toilet installation for the the part 121 requirements within the 15- (2,000 feet in mountainous terrain) 1900D has internal partitions with year period so they have the choice of within 5 statute miles of the intended permanently open louvers. Compliance either continuing to operate under the track. Section 121.191 also provides for with § 121.217 would require Raytheon performance requirements of part 135 a net flight path that would allow to redesign the partition louvers so a for the 15-year compliance period or continued flight from the cruising crewmember could leave his or her complying with the performance altitude to an airport clearing all terrain station to close the louvers when requirements of part 121 during the 15- and obstructions. Section 135.181(a)(2) year compliance period. Some of the necessary or design the louvers for requires airplanes to maintain a 50 feet remote control closure. airplanes certificated under earlier per minute rate of climb when operating certification standards, such as under FAA Response: Contrary to the at the MEAs or 5,000 feet MSL commenter’s assumption, the lavatory part 135, Appendix A, part 23, with whichever is higher. It does not provide special conditions, and SFAR’s 23 and partition louvers in the commenter’s for the continuation of the flight below airplanes would not have to be 41C, will probably never be able to meet the MEA. the part 121 standards. For affected redesigned. As stated in § 121.213 (a) commuters operating these airplanes, Section 121.191 has continuously and (b), § 121.217 applies only to the 15-year period allows the operators provided for safe engine out en route airplanes type certificated under Aero sufficient time to plan for and obtain operations while allowing some Bulletin 7A or part 04 of the Civil Air replacement airplanes or to modify flexibility. The flexibility allows the Regulations. them. certificate holder to calculate maximum Cargo carried in the passenger Although the FAA encourages weights for maintaining a constant compartment. Section 121.285 requires affected commuters to comply with the engine out altitude, a continuous flight that cargo carried in passenger performance operating requirements path drift down to an airport when an compartments must be stowed in a fully earlier than 15 years after publication of altitude cannot be maintained, and enclosed bin or carried aft of a bulkhead the final rule, it is allowing that length provides off airways direct routing or divider and properly restrained. of time to ensure that there will be an engine out performance requirements. Section 135.87 allows certificate holders adequate supply of replacement The FAA understands that net en route to carry cargo in an approved cargo compartment instead of a fully enclosed airplanes available for purchase. The flight path data must be provided by the bin and to carry restrained cargo current rate of production of new manufacturer; however, the FAA anywhere in the passenger compartment commuter category airplanes is believes that part 121 air carriers approximately 30 per year. But most if it is restrained by a net that meets the deserve the additional flexibility of requirements of § 23.787(e). The FAA importantly, if the FAA were to impose § 121.191 and that commuters adopting a shorter compliance period and proposed to amend § 121.285 to add an the § 121.191 requirements may gain a affected commuters were not able to exception for commuter category (and flexible benefit with a continued higher obtain new airplanes from predecessor) airplanes that would have level of safety. manufacturers, they might replace their the effect of allowing cargo to be carried equipment with airplanes configured for In response to comments, the FAA in the passenger compartment as it is fewer than 10 passengers. This airplane points out that Notice 95–5 proposed to today under part 135. group is not covered by this rulemaking remove the words ‘‘transport category’’ Comments: AACA, an association of and has a higher accident rate than the wherever they appear in subpart I. Alaskan air carriers, fully supports the 10–19 passenger airplanes. Therefore, In reviewing part 121 to resolve proposal. FAA Response: The final rule an unintended effect of this rule could comments, the FAA noted that several includes provisions from § 135.87 that be an increase in the accident rate. formulas are printed incorrectly. In the In response to Jet Stream’s comment, have been moved into § 121.285 for rate of climb formula for reciprocating current FAA policy prohibits revisions nontransport category airplanes type engine powered transport category to airplanes certificated under SFAR 41 certificated after December 31, 1964. that would increase the maximum airplanes certificated under parts other Landing gear aural warning device. weight or the number of passengers. than part 4a of the Civil Air Regulations Section 121.289 contains a requirement This SFAR was terminated on (CAR), the parentheses are misplaced. for a landing gear aural warning device September 13, 1983. This formula has been printed correctly for large airplanes. At present this While the FAA understands that some in the corresponding part 135 section of section applies to any airplane with a of the older airplanes (i.e., normal § 135.371 (a) and (c)(1). Also, in the rate- maximum certificated takeoff weight of category predecessors of commuter of-climb formula for transport category more than 12,500 pounds. Appendix A category airplanes) may not be able to airplanes certificated under CAR 4a of part 135 requires a landing gear meet certain performance requirements, [§ 121.181 (a) and (c)(1) and § 121.183 warning device for airplanes having the FAA has determined that some (a)(2) and (c)(1)] it is not clear as printed retractable landing gear and wing flaps, performance requirements, such as the that the subscript So is to be squared. but the device need not be aural. The maintaining of an altitude with an Appropriate corrections are made to FAA considers that the cost of replacing engine-out, are important safety both formulas. a warning light with a warning sound 65858 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations would be minimal. Therefore, this introduction of a new type and model FAA Response: Parts 25 and 121 section would apply to any airplane that of airplane into passenger-carrying currently require emergency evacuation presently operates under part 135 and operations. For airplanes with a seating demonstrations for transport category that would be required by this final rule capacity of more than 44 passengers, an airplanes with more than 44 passenger to operate under part 121. To allow actual evacuation demonstration must seats. These demonstrations are adequate time for airplanes without show that the full capacity of the required in addition to specific detail aural warning devices to be retrofitted, airplane and the crewmembers can be design requirements, e.g. aisle width, the FAA proposed a compliance date of evacuated within 90 seconds. Also, for exit size, exit slides, etc., and are 2 years after the publication date of the airplanes with more than 44 passenger conducted to confirm the overall final rule. seats a partial demonstration is required evacuation capability of the airplane. Comments: Raytheon comments that under one of the circumstances They are also conducted to show the their models all provide aural landing described in § 121.291(b). adequacy of the operator’s evacuation gear warning. Demonstrations have not been required procedures. Considering the specific AACA notes that the FAA did not for airplanes with fewer than 44 detail design requirements with which prepare a cost analysis for this proposal, passenger seats. transport category airplanes must also other than to show that the cost would Under § 121.291(d) any certificate comply, the FAA has not found it be ‘‘minimal.’’ AACA shows that holder operating or proposing to operate necessary to require such evacuation various manufacturers’ comments on one or more landplanes of any size in demonstrations for airplanes having 44 similar proposals have identified extended overwater operations must or fewer passenger seats. Since part 135 substantial administrative, engineering, conduct a simulated ditching in does not pertain to operations with installation, and ongoing maintenance accordance with Appendix D to part airplanes having more than 44 cost. However, AACA also notes that, in 121. The purpose of the ditching passenger seats, there has been no need this case, Fairchild Aircraft believes that demonstration is to show that the to require an emergency evacuation the landing gear aural warning can be certificate holder’s ditching training and demonstration in that part. Part 23, on installed without undue cost or procedures for a new type and model of the other hand, does not contain the difficulty. airplane are satisfactory. The simulated same specific detail design requirements AACA also states that once an item is ditching does not specifically require for commuter or predecessor normal installed, there are many other things the use of flight attendants; the FAA category airplanes. Therefore, an that must be done that involve cost. Cost proposed to apply this rule to any evacuation demonstration is required items identified are: revisions of the affected commuter operator who for type certification of those airplanes certificate holder’s training program, in lieu of the specific detail design normal and emergency procedures, conducts extended overwater operations, whether or not flight requirements that transport category maintenance MEL’s and other items airplanes must meet. There will be no need to be amended to reflect the attendants are used in the operation. The FAA proposed to apply this reduction in safety because transport change from a visible lighted warning category airplanes will still be required device to an aural device. According to provision to the affected commuter operators only when a new type and to comply with the same specific detail AACA, compliance costs add up design requirements and the part 23 incrementally to substantial cumulative model of airplane is introduced into the certificate holder’s operations after the requirement for an evacuation cost and that the FAA fails to account demonstration will remain unchanged. for. effective date of the final rule. This requirement does not apply to the As proposed, § 121.291(b) is amended to FAA Response: Even though part 23 make clear that it, as well as current fleet. requires an ‘‘aural or equally effective § 121.291(a), only applies to airplanes The FAA proposed to amend device,’’ the FAA is not aware of with more than 44 passenger seats. airplanes where the ‘‘equally effective § 121.291(b) to clarify that the partial The FAA agrees that the language in device’’ was accepted as the only demonstration procedures apply only to § 121.291(d) for the ditching warning for the landing gear warning. airplanes with more than 44 passenger requirement does not clearly state that The reason for not accepting such seats. it applies to the affected commuters devices includes the consideration of Comments: With respect to partial only if an airplane is a new type and pilot’s work load during the landing evacuation, one commenter states that model introduced after they began phase of flight and the need for the the proposed rule would reduce the operations under part 121. Therefore, warning to attract pilot attention under safety requirements for commuters clarifying language is added to such conditions. No proposed lighted because the evacuation procedures § 121.291(d). device, by itself, has been found under part 121 do not apply to airplanes New special airworthiness acceptable to provide the needed with less than 44 seats and that § 23.803 requirements (retrofit) and requirements warning for this flight condition. requires a demonstration for commuter applicable to future manufactured Therefore, the FAA is amending category airplanes. One commenter airplanes: § 121.289 as proposed to require states that § 121.291(b) does not indicate • Ditching emergency exits. Section installation of a landing gear aural if the requirement applies to aircraft 25.807(e) contains requirements for warning device within 2 years of the with more than 44 seats or all aircraft. ditching emergency exits in transport publication of this final rule. However, Two commenters recommend category airplanes. The ditching exits the FAA believes that all affected clarifying the rule language for the for transport category airplanes with 10 airplanes already have an aural warning ditching demonstration in § 121.291(d) or more passenger seats must meet at system. to make the FAA’s intent clear. The least the dimensions of a Type III Emergency evacuation and ditching commenters say that the current passenger emergency exit (20 inches demonstrations. Section 121.291 language does not properly wide by 36 inches high). It should be contains requirements for conducting communicate the fact that a ditching noted that transport category airplanes demonstrations of airplane evacuation demonstration would be required only if are required to have ditching exits and ditching procedures. The FAA an airplane is a new make/model for a meeting those criteria regardless of requires these demonstrations upon particular certificate holder’s fleet. whether the airplane is approved for Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65859 ditching and used in extended However, they would have to be tested. requirement for such a system is overwater operations. If ditching That would also be true of all other low- proposed in Notice No. 94–21, 59 FR approval is requested by the applicant, wing part 23 normal or commuter 37620, July 22, 1994); in addition, part it also must be shown that the required category airplanes that would be 23 airplanes typically do not have life rafts can be launched successfully operated under part 121. multiple types of devices. Accidents through the ditching emergency exits. In addition to the low-wing models, have occurred on transport category Part 23, as recently amended by there are also three high-wing normal or airplanes when the flightcrews initiated Amendment 23–46 (59 FR 25772; May commuter category airplane models. takeoffs when the airplanes were not in 17, 1994), now contains requirements These are de Havilland DHC–6, Twin the proper configurations for takeoff. for ditching exits; however, all of the Otters, which are by far the most The FAA proposed that airplanes normal or commuter category airplanes numerous of the high-wing models, and manufactured after a date 4 years after currently in service were type the Dornier 228 and Britten Norman the publication date of the final rule certificated before that amendment BN–2A Mk III Trislanders. (This, of would be required to have a takeoff became effective. The FAA proposed to course, refers to landplanes. Many Twin warning system as required by § 25.703. amend part 121 (proposed new Otters operate as seaplanes on floats.) However, a warning system is not § 121.293(a)) to require ditching exits for Typically, high-wing landplanes come required for any device for which it can nontransport category airplanes type to rest in the water on the fuselage with be demonstrated that takeoff with that certificated after December 31, 1964. one wing tip in the water. device in the most adverse position Unlike those required for transport The DHC–6 Series 100 and 200 would not create a hazardous condition category airplanes, the ditching exits airplanes have emergency exits in the (§ 121.293(b)). would only have to be as large as those top of the fuselage forward of the wing. Comments: One commenter notes that currently required by § 23.807(b) (19 These exits also meet the ditching a takeoff warning would not be required inch by 26 inch ellipses). The FAA emergency exit requirements. The DHC– under § 25.703 if it is demonstrated that proposed that compliance would be 6 Series 300 airplanes do not have such a takeoff with that device in the most required 2 years after the publication overhead exits; instead they depend adverse position would not create a date of the final rule. The proposed entirely on the emergency exits in the hazardous condition. This commenter requirement would not entail adding sides of the fuselage. In almost three questions how one can measure the new exits. The overwing exits of most decades of service with Twin Otters, effect of these improper settings when airplanes type certificated under part 23 there have been two ditchings. One compounded by other unfavorable would probably qualify as ditching involving a Series 100 airplane occurred conditions, such as weight and balance exits. Part 25 airplanes intended for in the Pacific Ocean during a ferry flight mistakes, but does not express support non-part 121 transportation sometimes from Long Beach, California, to or opposition to the proposal. comply by providing a sheet metal dam Honolulu, Hawaii. Another, involving a Commuter Air Technology discusses that can be installed in the passenger Series 300, occurred in the Arctic. In the longitudinal trim and flap systems entry doorway. If it is necessary to both instances, all occupants were on its airplanes. The commenter notes consider a floor-level exit as a ditching evacuated safely. In the latter case, the that the pilot can visually verify that the exit in a nontransport category airplane, occupants escaped through the exits on flaps are in correct 40° takeoff setting a similar sheet metal dam could be the highest side. The FAA is not aware from the cockpit. The commenter also provided. of any ditchings of Trislanders or states that the longitudinal trim is Comments: Commuter Air Dornier 228 airplanes; however, because manual and has center marking visible Technology, a modifier of business the Dornier 228 and the Trislander are from both the pilot and co-pilot airplanes for commuter airline service, so similar in design to the DHC–6, it is positions. The commenter’s position is states that its product has overwing likely that they would float the same that the additional cost of such a system exits that would be usable anytime the way that the Series 300 airplane did, is not warranted. airplane was floating. The commenter and that their exits would also meet the FAA Response: The first commenter questions whether it would be necessary ditching emergency exit requirements. correctly notes that a takeoff warning to conduct a $5,000 type certification Most of the part 23 commuter and system is not required for any devices effort to qualify those exits as ditching predecessor normal category airplanes if it is demonstrated that takeoffs with emergency exits. NATA, an association are low-wing airplanes with overwing that device in the most adverse position representing certificate holders of 10- to exits that would comply with no further would not cause an unsafe condition. 19-passenger-seat airplanes, substantiation required. The vast While the FAA agrees that with some recommends rescinding the proposal majority of the airplanes would, airplanes it is possible to verify visually and asserts that the cost of compliance therefore, not be affected by the flap positions and manual trims and would be extremely high. The requirement in regard to either cost or that there is a cost to install warnings, commenter offers no specific details safety benefit because they already the FAA has determined that for safety concerning costs, but does note that de comply. In view of the successful reasons, an aural warning is needed Havilland DHC–6 Twin Otters have ditchings that have occurred with high under the conditions described. experienced only three ditchings in 17 wing airplanes to date, the FAA has In considering these comments, the million flight hours. decided not to adopt § 121.293(a) as FAA notes that all of the in-service FAA Response: The comments proposed. airplanes have demonstrated, by their received have some validity. The • Takeoff warning system. Section service histories, that there is no device majority of the current commuter fleet, 25.703 requires an aural warning to the position that would cause an unsafe at least those for which ditching exits flightcrew at the beginning of the takeoff condition and therefore that there were not substantiated for certification, roll when the wing flaps, leading edge would be no need for installation of includes such airplanes as the devices, wing spoilers, speed brakes, additional takeoff warning devices. Beechcraft 99 and 1900 and Fairchild and longitudinal trim devices are not in While proposed § 121.293(b) (now airplanes with low wings and overwing a position that would allow a safe § 121.293) does not apply to any in- exits. It is likely that these exits would takeoff. Part 23 does not require a service airplanes affected by this rule, qualify as ditching emergency exits. takeoff warning system (although a the requirement for airplanes 65860 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations manufactured 4 years after the indicators, each supplied by a separate indicator in all turbojet powered publication date of this rule is retained source of power. Raytheon and Big Sky airplanes and all turbopropeller in the final rule to ensure that future are concerned that the requirement powered airplanes. However, the FAA airplanes are covered. might necessitate a redesign of the recognizes that retrofit installation of a instrument panel. third attitude indicator imposes a VI.A.7. Subpart K—Instrument and Twin Otter International believes the Equipment Requirements. burden which may require a redesign of requirement would be extremely costly the instrument panel. Therefore, as with Instrument and equipment with little safety benefit. According to certain other requirements, the final rule requirements are contained in part 121, Twin Otter, even if the attitude provides for a 15-year compliance date subpart K, and part 135, subpart C. The indicator were lost, the airplane would for turbopropeller powered airplanes requirements are in addition to the have adequate performance and having a passenger seating configuration airplane and equipment requirements of information to be operated without a of 10 to 30 seats that were manufactured part 91. The discussion below third attitude indicator. before 15 months after the date of emphasizes all new or revised Commuter Air Technology concurs publication of this final rule. In effect, equipment requirements except for with the proposal for all aircraft this allows operators to decide whether major equipment such as FDR’s and operated under part 121 and points out to retrofit these airplanes or phase them airborne weather radar, which are that § 135.149 currently requires a third out. Turbojet airplanes and newly previously discussed in the ‘‘Major indicator only for turbojet aircraft. manufactured turboprop airplanes must Issues’’ section of this document. United Express states that the FAA comply within 15 months. Notice 95–5 proposed to require that supporting data for a third Lavatory fire protection. Section commuter operators comply with part (independently powered) attitude gyro 121.308 currently requires lavatory is based on turbojet accident/incident 121 airplane and equipment smoke detection systems, or equivalent, research and not on turbopropeller requirements except in areas that were and automatically discharging fire accident/incident data. According to the specifically discussed. extinguishers in lavatory receptacles for Sections 121.303, 121.305, and commenter, until the FAA can towels, paper, or waste for passenger- 121.307 require certain airplane substantiate that this will prevent carrying transport category airplanes. instruments and equipment. Some of accident recurrence in turbopropeller The FAA proposed to apply the the part 121 equipment is required aircraft, it should not be required. The requirements of § 121.308 to airplanes under part 135 only for IFR, VFR over- commenter states that some aircraft, formerly operated under part 135 that the-top, and VFR night operations. Most such as the commenter’s fleet of are equipped with lavatories. Section of the airplanes used by affected Jetstream turboprops, have a third 121.308 would be amended to delete the commuters already have these attitude gyro powered by the aircraft references to transport category. The instruments as well as equipment battery system. No information has been proposed compliance section, § 121.2, required under part 135 (§§ 135.143 and provided, that the commenter is aware required that lavatory protection 135.149). Under the proposal this of, suggesting that an independent equipment be installed within 2 years equipment in these part 121 sections power source will improve safety or after the publication date of the final would be required for all part 121 accident statistics in turbopropeller rule. operations. aircraft. Third Attitude Indicators. Section FAA Response: Section 121.305(j) Comments: ALPA believes that the 121.305(j) currently requires a third currently requires a third attitude FAA should require installation of the attitude indicator on large turbojet- indicator on large turbojet-powered and smoke detection system within 6 powered and large turboprop powered large turboprop-powered airplanes. Part months of the effective date rather than airplanes. Notice 95–5 proposed to 135 requires a third attitude indicator 1 year as proposed. This commenter apply this requirement to airplanes that only for turbojet powered airplanes. also believes that installation of the would be operating under part 121 as a The FAA’s intent as stated in Notice lavatory fire suppression system should result of this rulemaking. 95–5 was to require all affected be required in all airplanes newly Comments: Most of the commenters airplanes to comply with the equipment manufactured within 1 year of the on this issue oppose the requirement, requirements of § 121.305 including the effective date rather than 2 years as primarily because of the cost. requirement for a third attitude proposed. According to RAA, part 121 does not indicator. The notice did not contain ASA and RAA do not object to include an equivalent to § 135.163(h), amendatory language to § 121.305(j); compliance insofar as new airplanes are which requires dual attitude indicators however, to be consistent with the concerned, but do suggest that the which are powered by two different and FAA’s stated intent, the rule language requirement be deleted as a retrofit independent power sources for has been developed to include the requirement. These two commenters nontransport category airplanes. RAA intended airplanes and to provide a state that the industry estimated cost of recommends requiring the third attitude compliance date. compliance is $2,500 per airplane while indicator only for new production large In response to RAA’s comment that Jetstream estimates $4,000 per airplane. airplanes, deleting the proposed retrofit part 121 does not have an equivalent to Comair believes compliance would requirement, and incorporating § 135.163(h), which requires two amount to $2,500 and 20 pounds per § 135.163(h) into part 121 for independent sources of energy, each of airplane. The commenter asserts that nontransport category airplanes. RAA which is able to drive all gyroscopic compliance is not justified for airplanes also recommends considering an instruments, such an equivalent appears with 20 to 30 passenger seats due to the equivalent means of compliance for in § 121.313(e). small size of the cabin, proximity of a large nontransport category airplanes, The FAA does not agree with the trained flight attendant with a portable such as ‘‘Situation Awareness for commenter that a third attitude fire extinguisher, and the present Safety’’ devices. indicator is excessive for airplanes that smoking ban on domestic flights. Raytheon Aircraft and Mesa state that have two attitude indicators or that Commuter Air Technology asks the requirement is excessive for there could be little safety benefit. The whether the proposed requirement airplanes that already have two attitude final rule requires a third attitude would apply to some of their products Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65861 that have a side facing toilet separated until it has grown to catastrophic extinguishers to contain Halon, or an from the cabin only by a curtain. proportions. equivalent, and mandates placement of Jetstream states that there is no The cost estimates provided by two the fire extinguishers, while part 135 evidence to support the introduction of commenters appear to be based on a does not. In Notice 95–5, the FAA fire suppression of toilet receptacles on misunderstanding concerning the proposed that affected commuters commuter aircraft. According to the qualifications of a required lavatory comply with the part 121 requirements commenter, the lavatory receptacles are smoke detector. Such detectors serve for fire extinguishers and that already designed to contain a fire within primarily to enhance the capability of § 121.309(c)(7) be amended to require the compartment; and, due to the small crewmembers to detect lavatory fires that at least one of the fire extinguishers cabin size of those airplanes, the visually. They are, therefore, not in the passenger compartment contain lavatory is readily accessible to the crew required to meet all of the performance Halon or the equivalent. No comments if the need to suppress a fire does occur. and environmental requirements were received on this issue and the final The commenter estimates a cost of applicable to primary detectors used in rule is adopted as proposed. $4,000 per airplane. Nevertheless, the isolated compartments, such as cargo First aid kits and medical kits. commenter does support requiring new compartments. Anything that meets the Section 121.309(d) requires that both aircraft to comply. ordinary dictionary definition of a approved first aid kits and approved FAA Response: The FAA does not lavatory would be covered by this emergency medical kits be carried on agree with the commenter’s suggestion requirement. board passenger-carrying airplanes. The that installation of smoke detectors Therefore, because the adverse service medical kits are intended to be used should be done within 6 months and experience that prompted the adoption only by medically qualified persons, fire extinguishers within 1 year of the of § 121.308 applies equally to any such as doctors, who may be on board publication of the final rule. This would airplane, large or small, with a lavatory the airplane. Section 135.177(a)(1) not allow sufficient time for and because the commenters’ cost requires first aid kits to be carried on estimates are obviously based on a compliance. board airplanes with more than 19 misunderstanding of the required smoke The comments received do not passengers. detector qualification, the FAA is The FAA proposed that first aid kits contradict the FAA’s understanding that adopting this requirement in substance be required for all airplanes with more few, if any, of the airplanes with 10 to as proposed. The final rule has been than 9 passenger seats operating under 19 passenger seats are equipped with revised to provide operators 2 years part 121 and medical kits be required lavatories. The primary impact of the from the date of publication to comply for airplanes that are required to have a proposed requirement for lavatory with the lavatory smoke detector system flight attendant. The FAA stated in smoke detection and fire and fire extinguisher requirements. In Notice 95–5 that, after review of the extinguishment, therefore, would be on addition, the rule states that operators of comments, the FAA might decide to airplanes with 20 to 30 passenger seats 10- to 19-seat airplanes that have a require a medical kit for all 10–19 seat presently operated under part 135. (Any lavatory must have a smoke detector airplanes. such airplanes currently operated under system or equivalent that provides In Notice 95–5 the FAA pointed out part 121 are already required to either a warning light in the cockpit or that affected commuters would have to comply.) an audio warning that can be readily comply with a recent rule requiring Contrary to one commenter’s belief, heard by the flightcrew. This will disposable latex gloves for first aid kits the present smoking ban on domestic accommodate airplanes that do not have and medical kits. flights does not eliminate the need for flight attendants. Comments: Six commenters disagree lavatory smoke detection and fire Emergency equipment inspection. with the proposed requirement to have extinguishment. On the contrary, the Section 121.309(b) requires that each first aid kits on 10- to 19-seat airplanes. smoking ban could increase the item of emergency and flotation Most of the commenters cite lack of temptation for some passengers to equipment must be inspected regularly space and the lack of necessity for the smoke illicitly in the lavatory and in accordance with inspection periods equipment. Commenters believe that the thereby increase the possibility of a fire established in the operations first aid kit would not provide enough originating in that compartment. The specifications to ensure its condition for of a medical benefit to justify its cost. presence of a smoke detector serves as continued serviceability and immediate Two of these commenters oppose the a deterrent to illicit smoking as well as readiness to perform its intended addition of latex gloves as part of the a means of warning when it does occur. emergency purpose. Section 135.177(b) first aid kit. One commenter believes Contrary to the commenter’s belief, contains a similar requirement for part that the equipment would place the presence of a flight attendant in the 135 operators of airplanes with more additional liability on employees. One cabin would not compensate for the lack than 19 seats. In this section, the FAA commenter concurs with both proposed of a lavatory smoke detector and fire proposed requiring affected commuter requirements. extinguisher. A lavatory is designed operations, including those with Two commenters provide additional with an effective ventilation system to airplanes of 10 to 19 seats, to comply cost information for first aid kits. One of preclude normal odors from entering the with the existing part 121 requirement. the commenters estimates $1,500 per cabin. In the absence of a smoke Other provisions in the proposal would airplane and the other estimates $1,500 detector, the ventilation systems also require affected commuters to install without specifying the number of precludes early detection of illicit additional emergency equipment. No entities involved (i.e., airplane(s) or smoking or a fire by persons in the comments were received on this issue fleet). cabin. In addition, the materials and the final rule is adopted as AACA agrees with the requirement for typically contained in the waste proposed. first aid kits on all commuter airplanes receptacles are highly flammable and Hand-held fire extinguishers. Sections whether a flight attendant is available or could burn out of control quickly if 121.309(c) and 135.155 contain similar not. According to the commenter, there were no automatically discharging requirements for hand-held fire regardless of the size of the airplane, extinguishers. It is possible that a flight extinguishers aboard airplanes. Part 121 inflight emergencies could occur and a attendant would not know the fire exists requires at least two of the fire first aid kit may be needed. In the 65862 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations absence of a flight attendant, a passengers. Under part 135 the crash ax 23 or in part 135 for airplanes having a crewmember or passenger could use the is to be accessible to the crew but passenger-seating configuration of less first aid kit. The commenter also inaccessible to the passengers during than 20 seats. estimates costs of $4,359 for Alaskan normal operations. The FAA proposed Section 121.310(d) for emergency commuter air carriers in the first year in § 121.309(e) to require a crash ax for light operation requires that each light and $436 each year thereafter to meet each airplane that has a flight deck required by paragraphs (c) and (h) must the requirement, but there is no separate from the passenger cabin and a be operable manually and must operate explanation of the detail. lockable door. automatically from the independent Four commenters disagree with the Comments: One commenter disagrees lighting system. As proposed, these required medical kits on 20 to 30 seat with the FAA assertion in Notice 95–5 requirements would apply to affected airplanes. These commenters cite lack of that the crash ax is useful only for egress commuters. In § 121.310(d)(2)(i) each space and the lack of necessity for the from the flight deck to the cabin in the light must be operable manually both equipment. Three commenters argue event of an emergency. The commenter from the flightcrew station and from a that medical kits should not be required says that the Airplane Flight Manual of point in the passenger compartment that on airplanes with less than 30 seats due one popular 19-seat commuter airplane is readily accessible to a normal flight to the lack of trained personnel and the suggests that preparation for certain attendant seat. low likelihood that a medical gear-up landings include opening an Section 121.310(e) requires that an professional would be on board. One overwing exit inflight, because even exit operating handle may not be used commenter believes that the equipment relatively minor distortion of the if its brightness decreases below a would place additional liability on fuselage in a small airplane can render specified level. Section 135.178(e) employees. One commenter concurs exits unusable. Thus, the crash ax could contains an identical requirement for with the proposed requirements. be used for prying open an exit. airplanes having a passenger seating One commenter provides a cost Raytheon states that if a key lock is configuration of more than 19 seats. estimate of about $2,000 per airplane for required as proposed on lockable doors Under the proposal the requirement the medical kit requirement. However, in 10- to 19-seat airplanes, then a crash would also apply to airplanes with a the cost estimate is not supported by ax would be required. The commenter passenger configuration of 10–19 seats. any documentation. states that removal of the door would Section 121.310(f) contains standards FAA Response: The FAA maintains eliminate the requirements for a lock for access to various exit types that that certain of these requirements are and a crash ax. presently apply only to transport necessary to enhance safety. The ability A third commenter supports the category airplanes. Section 135.178(f) is to respond in the early stages of a proposal as written in Notice 95–5 to identical to § 121.310(f) for airplanes medical emergency is critical and could require a crash ax only in airplanes that having a passenger configuration of save lives in the event of an in-flight have a separate flight deck with a more than 19 seats. The FAA proposed injury or an accident. Additionally, the lockable door. to amend § 121.310(f) to exclude FAA maintains that latex gloves as were FAA Response: The primary purpose nontransport category airplanes. required by a 1994 rule change (59 FR in requiring that a crash ax be carried is Section 121.310(g) (and its parallel 55208, November 4, 1994) should be to allow emergency egress after an requirement in § 135.178(g) for more included in these first aid kits because accident if airplane exits are unuseable. than 19 passenger seat airplanes) they guard against transmission of However, the FAA agrees with requires emergency exits to be marked disease through spilled blood. In sum, commenters that there could be other on the outside by a 2-inch band no commenter provides any compelling uses for the ax including egress of the contrasting in color with the reason to eliminate the first aid kit cockpit crew. surrounding fuselage. Most airplanes requirement, especially considering that After considering the comments and with a passenger-seating configuration these airplanes often operate in remote reviewing the proposed requirement, of less than 20 seats operating under areas where medical assistance may not the FAA has determined not to require part 135 are already required to meet be available. The FAA has determined crash axes on nontransport category this requirement and, for those that do that emergency medical kits will be airplanes type certificated after not, compliance with this requirement required for airplanes requiring a flight December 31, 1964, primarily because as proposed would merely require attendant. For airplanes not having a these airplanes are not required to have painting the bands around each exit. flight attendant, requiring a medical kit a lockable door. The FAA has Section 121.310(h) requires airplanes poses problems, such as a lack of determined that the lockable doors that for which the application for type security, no one to monitor the use of exist in nontransport category airplanes certification was made before May 1, the kit, and no one to check the type certificated after December 31, 1972, to meet the exterior emergency credentials of a person who professes to 1964, are frangible and obviate the need lighting standards of § 25.812, in effect be a doctor and able to administer the for a crash ax on the flight deck. Also on April 30, 1972, or any later standards medical treatment. carrying a crash ax in these airplanes in effect if the application for type The regulations allow flexibility in creates a security risk since the ax certification was made later. The FAA the location and mounting methods of would not be inaccessible to passengers. proposed to require nontransport kits. Depending on the weight of the kit Emergency evacuation lighting and category airplanes type certificated after and Velcro surface area, Velcro may be marking requirements. Section December 31, 1964, (i.e., part 23 normal sufficient. Even if Velcro is not practical 121.310(c), by referencing § 25.812(e), and utility category) to comply with in a particular instance, other low-cost requires emergency evacuation lighting § 25.812 in effect April 30, 1972, within alternatives, such as leather straps with for passengers when all sources of 2 years after the publication date of a buckles, are acceptable. illumination more than 4 feet above the final rule. Crash ax. Section 121.309(e) requires floor are totally obscured. This The FAA proposed that airplanes that each airplane be equipped with a requirement applies to all transport with a passenger-seating configuration crash ax, while § 135.177 requires a category airplanes regardless of how of less than 20 seats previously operated crash ax for airplanes with a passenger many passenger seats they have. There under part 135 be required to comply seating configuration of more than 19 is no corresponding requirement in part with the above-described emergency Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65863 lighting systems (that is, emergency exit and that this requirement should be of similar size. There is no doubt that signs, interior lighting, exit handles, and adjusted accordingly. One other safety can be enhanced considerably by exterior lighting) and, except for the commenter suggests that flashlights be requiring compliance with the marking requirement discussed above, made available. Finally, two emergency lighting requirements proposed a compliance date 2 years commenters acknowledge that proposed in Notice 95–5. Nevertheless, after the publication date of a final rule. emergency lighting may enhance safety; the installation of such lighting is very Comments: Sixteen comments were however, they also believe that this costly. received on proposed § 121.310. All enhancement in safety can be provided In response to excluding smaller commenters oppose the proposal to by a lighting system that is less airplanes from the requirements retroactively require any additional expensive, less complex, and much pertaining to access to exits, emergency exit signs or emergency lighter than the one envisioned by § 121.310(f)(2) states, in part, that there lighting on 10-to-19 passenger seat § 121.310. Accordingly, they provide must be enough space next to each Type commuter airplanes. some suggestions for such a system. I or Type II emergency exit to allow a Several commenters state that the cost Embraer, a foreign manufacturer of crewmember to assist in the evacuation of retrofitting in-service airplanes with transport category airplanes, believes of passengers without reducing the an emergency lighting system would be that § 121.310(f) should also be unobstructed width of the passageway much more expensive than the FAA amended to exclude smaller (e.g., 20 to below that required (20 inches wide). expected when the notice was prepared. 30 passenger) transport category Part 135 contains the same requirement Six commenters note the size of the airplanes as well as nontransport for airplanes having a passenger seating cabin area of these airplanes and that no category airplanes. The commenter capacity of more than 19 seats. person is seated more than 8 feet (or two believes that a passenger seat would Since the commenter’s product has or three rows) from an exit. One of these have to be removed from its product for more than 19 passenger seats and six also notes that no person is more operation under part 121 if smaller numerous examples are already in than 12 feet from two exits. transport category airplanes were not service in this country, the airplanes Four commenters note that an also excluded from this section. emergency evacuation demonstration is have presumably been shown to comply AACA supports the proposed with either § 135.178(f)(2) or the required for the certification of amendment to § 121.310(g). identical text of § 121.310(f)(2). Thus, commuter category airplanes and that The only other comment received this rulemaking would not impose any these demonstrations have shown that concerning this issue was from an the airplanes can be evacuated, under individual who requests resolution of new burden on airplanes with more conditions of total darkness, in less than the issue of whether the 2-inch wide than 19 passenger seats. 90 seconds. Two other commenters note contrasting band has to be on the Section 121.310(g) states that exterior that there is no known service history or fuselage surrounding the emergency exit exit markings ‘‘must be a 2-inch wide adverse accident data related to or on the exit itself. colored band outlining each passenger commuter operations to support the FAA Response: Section 23.803 does exit on the side of the fuselage.’’ Since need for this proposal. Therefore, all six require an emergency evacuation the band is outlining the exit it would of these commenters believe there is no demonstration, as noted by the be on the fuselage, not on the exit. justification for the proposal and each of commenters; however, the After reviewing the costs and benefits them recommends that it be withdrawn. demonstration is required primarily to associated with the proposed emergency One commenter believes that the compensate for the differences in lighting requirements, the FAA has current briefing on exit locations and evacuation design features (e.g. aisle decided to revise the final rule as their use is sufficient and that no further width, exit size, etc.) required by part 23 follows: action is needed. Two commenters and those of part 25. Like the 1. The floor proximity lighting believe that the requirement in demonstrations required by part 25 for requirements in § 121.310(c) will apply § 121.310(c)(3) to show compliance with airplanes with more than 44 passengers, to all airplanes except non-transport § 25.812(e) does not add any safety to the demonstrations are intended to category airplanes type certificated after these airplanes. They point out that the evaluate the evacuation capability of the December 31, 1964. In effect, this is not height of the ceiling in their airplane is airplane under standard conditions and a change from current requirements. only 43⁄4 feet high and question the need are not intended to show the evacuation Affected airplanes with 10 to 19 to comply with the provision of capability of the airplane under the passenger seats will not have to comply § 121.310, which requires compliance most adverse condition that could be because of the small cabin size, the with § 25.812(e). Section 25.812(e) encountered. They are not intended, for probability that passengers would be requires escape path markings for example, to demonstrate the evacuation able to find the emergency exits without passenger guidance, ‘‘when all sources capability of the airplane when there is floor lighting, and the high cost of of illumination more than four feet dense smoke in the cabin or when there retrofitting for these requirements. above the cabin aisle floor are totally is hazardous, damaged structure in the 2. The interior light operation obscured.’’ According to commenters, vicinity. The applicability of the requirements of § 121.310(d) do not with a ceiling height of only 43⁄4 feet, it required evacuation demonstrations to apply in the final rule to nontransport is likely that the required exit markings the need for emergency lighting is category airplanes certificated after are located less than 4 feet above the therefore limited. December 31, 1964, since the floor and that compliance with Passengers must egress rapidly in the requirements of § 121.310 (c) and (h) § 121.310(c)(3) is not necessary. Another event of fire. Contrary to the apply only to transport category commenter believes that the commenters’ assertions concerning a airplanes. requirement in § 25.812 for emergency lack of adverse service experience, the 3. The requirement for an illuminated lighting to operate for 10 minutes is not FAA is aware of at least six instances exit operating handle (§ 121.310(e)) needed for these airplanes. The since 1980 in which passengers had to remains as proposed. The compliance commenter points out that the required be evacuated because of fire from such date for retrofit requirements for 10- to emergency evacuation time for these nontransport category airplanes or 19-seat airplanes is 2 years after airplanes is much less than 10 minutes transport category airplanes with cabins publication of the final rule. 65864 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

4. Section 121.310(f) was proposed to to clarify that § 121.311(f) applies to survival. In that regard, they note that apply to airplanes with a passenger- newly manufactured nontransport the seats in smaller airplanes tend to be seating configuration of more than 19 category airplanes, appropriate language lightweight and offer relatively little seats. This remains in the final rule. is added to that paragraph. mass of material to fuel a fire. Also, they 5. The requirement for marking The final rule also revises believe that cabin fires are less likely to emergency exits on the outside in § 121.311(h) to allow crewmembers for occur because the small size of the cabin § 121.310(g) remains as proposed since affected commuters to release the restricts the amount of carry-on baggage compliance is relatively simple and shoulder harness if they cannot perform and makes inappropriate passenger inexpensive for all affected operators. their duties otherwise. activity less likely. Finally, they believe 6. The exterior lighting standards in Interior materials and passenger seat that the FAA would have proposed such § 121.310(h) are revised to except cushion flammability. Section 25.853(b) rulemaking already if warranted. NATA nontransport airplanes type certificated was amended in 1984 to require seat also believes the higher flammability after December 31, 1964.. cushions to meet greatly enhanced standards would not be effective in Seatbacks. Section 121.311(e) flammability standards. At the same smaller airplanes. That commenter prohibits a certificate holder from taking time, §§ 121.312(b) and 135.169(a) (but asserts the cost of compliance would be off or landing unless passenger seats are not for commuter category airplanes) $20,000 per airplane. in the upright position. Section 135.117 were amended to require airplanes Commuter Air Technology observes requires only that passengers be briefed already in service to meet the improved that the Beech King Air executive that seats should be in the upright seat cushion flammability standards airplanes they modify for commuter air position. The FAA proposed that after November 1987. In the years that service would not have to comply in affected commuters be required to have passed since that date, the their original executive configuration comply with § 121.311. improved cushions are credited with because they have fewer than ten seats, Comments: One commenter objects to saving a number of passengers’ lives. yet would have to comply as modified the requirement because the pilots The FAA proposed to require because they have more than ten seats. cannot assure compliance in a 19-seat nontransport category airplanes type Big Sky Airlines and RAA suggest that airplane, especially during landing. certificated after December 31, 1964, to the compliance period should be FAA Response: The FAA intended for comply with the same seat cushion extended to enable replacement during those flights with flight attendants to be flammability standards that apply to the routine seat replacement cycle. One operated in accordance with the current other airplanes operated under part 121. of these commenters quotes a § 121.311. For these flights on The proposed compliance date was 2 compliance cost of $30,000 for each 19 nontransport airplanes type certificated years after the publication date of the passenger airplane. after December 31, 1964, the FAA has final rule or on the first replacement of Mesa does not express support or included wording to clarify that the the cushions, whichever occurs first. opposition to the proposal, but states pilot must only instruct the passengers The proposed rule also allowed for that compliance would entail $12,000, to place their seatbacks in the upright granting deviations for up to 2 36 pounds, and 10 hours for a Beech position. The final rule has also been additional years when justified by 1900C, or $3,400, 38 pounds, and 10 revised to add a new subparagraph to unique integral-seat cushion hours for either a Beech 1900D or § 121.311(e) that provides that on an configurations. Jetstream 3100. airplane with no flight attendant, the The FAA also proposed that the No comments were received certificate holder may take off or land as interior components of nontransport concerning the proposal to require long as the flightcrew instructs each category airplanes manufactured after 4 commuter category airplanes produced passenger to place his or her seatback in years or more after the publication date four years or more after the effective the upright position. This change is of the final rule must meet the same date to comply with the Bunsen burner needed to clarify what is required for standards that those components must test of part 25 (§ 25.853(a)). One airplanes that do not have a flight meet when installed in transport commenter states that the installation of attendant. category airplanes with 19 or fewer interior materials complying with Seat belt and shoulder harnesses on passenger seats. Those standards, which § 25.853(c) would not improve the level the flight deck. Section 121.311(f) involve testing with Bunsen burners, are of safety of airplanes with 10 to 19 requires a combined seat belt and not to be confused with the Ohio State passenger seats. shoulder harness with a single-point University (OSU) radiant rate of heat FAA Response: The commenters focus release that meets the requirements of release testing required for large-surface- on the cost of compliance and the lack § 25.785. Part 135 does not contain a area components installed in airplanes of a need for added fire protection in requirement for a single-point release with 20 or more passenger seats. (See smaller airplanes. system although the FAA believes that proposed § 121.2(e)(2)(ii).) In regard to costs, the commenters virtually all commuter category Comments: ALPA supports the appear to have a misconception airplanes being manufactured today proposed retroactive requirements, concerning the scope of the rulemaking. have such a system. To ensure that this including this proposal. The costs fall into one of two is the case for newly manufactured Fairchild and AIA present identically categories—the cost of developing and airplanes, the FAA proposed in worded statements opposing the testing suitable cushion materials and § 121.2(e)(1) to require that airplanes proposed requirement that seat cushions the actual cost of replacing individual manufactured after 1 year after would have to comply with the seat cushions. In regard to the former, publication of the final rule meet the flammability standards of §§ 25.853(b) § 25.853(c) does not require each seat requirements of § 121.311(f). and 121.312(b). In that regard, they state cushion to be tested, nor does it require Comments: One commenter concurs that they know of no evidence that each seat cushion design to be tested. with the proposal. compliance would provide a significant Instead it simply states that each FAA Response: The final rule remains safety benefit in 10 to 19 passenger cushion must meet the flammability substantively as proposed, except that airplanes. They do not believe that standards. An applicant has the option compliance is within 15 months after compliance would delay the spread of a of utilizing a seat cushion material that publication of the final rule. However, fire enough to be an important factor in meets the flammability standards; Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65865 however, most choose to comply by approximately 45 additional seconds in testing). After reviewing the present using a covering material that protects which to escape. requirements, the FAA determined that the the cushion from the fire. (The latter are The primary benefit of having seat interior components of those airplanes are usually referred to as ‘‘fire-blocked cushions that meet these flammability already required to meet the same flammability standards for type certification. seats.’’) Individual seat cushions or standards is to afford occupants more Since the standards are identical, it is not individual seat cushion designs do not time in which to egress in a post-crash necessary to specify the flammability have to be tested if they can be shown fire situation; however, such cushions standards as an additional requirement for to meet those standards by similarity to also provide additional protection newly manufactured airplanes. Section other cushions that have been tested should an inflight cabin fire occur. 121.312(a) has been amended in the final rule previously and found to meet the Contrary to the beliefs of commenters in to clarify the applicability of the flammability standards. Advisory Circular (AC) that regard, the FAA is aware of at least standards to nontransport category airplanes 25.853–1, Flammability Requirements six instances in which cabin fires have used by affected commuters. for Aircraft Cushions, issued September been experienced since 1980 in Section 121.312 provides the interior 17, 1986, provides guidance in that nontransport category airplanes or material flammability standards for regard. In the years that have passed transport category airplanes with cabins airplanes operated under that part. As since transport category airplanes used of similar size. described above, the substantive in part 121 or 135 service were first In their recommendation A–88–96, provisions of that section are being required to comply, many different the National Transportation Board retained, and the provisions applicable possible seat cushion designs have (NTSB) recommended the use of fire- to airplanes being brought over from already been tested and found blocking materials on seats in part 23 part 135 are being incorporated. In this satisfactory. It is, therefore, quite normal and commuter category final rule, § 121.312 is reorganized to possible to utilize a seat cushion airplanes. Fairchild, AIA, and others highlight the applicable provisions and material or fire-blocking material that state that the fact that the FAA has not to provide greater clarity; the has already been shown to comply with previously adopted seat cushion appropriate substantive text has been the flammability standards. In that flammability standards for those retained. Furthermore, appendix L is regard, many of the affected airlines are airplanes is evidence that they would being added to part 121 to explain the affiliated with major airlines and have not result in a significant improvement regulatory citations for the part 25 ready access to the same means of in safety. The FAA has, in fact, initiated provisions that have been superseded. compliance adopted several years separate rulemaking in that regard Although those standards are not earlier by those major airlines. (Notice No. 93–71, 58 FR 38028, July 14, current insofar as new type certification Contrary to some commenters’ beliefs, 1993). under part 25 is concerned, they are the use of seat cushions meeting these The intent of Notice 95–5 was to referenced in part 121 and remain flammability standards is quite effective mitigate the cost by allowing applicable for compliance. The addition in the cabins of smaller airplanes. Some compliance to coincide with the normal of appendix L only clarifies existing commenters note that the amount of wear replacement cycles. Since requirements; therefore, it is adopted cushion material is relatively small in compliance can be achieved whenever without prior notice and comment. 10- to 19-passenger airplanes. While the the seat cushions or seat coverings are Miscellaneous Equipment. Notice 95– amount of cushion material in those being replaced due to normal wear, the 5 specifically discussed the proposal airplanes is obviously much less than cost of compliance for each seat is just that would require affected commuters that in larger airplanes, it represents the additional cost of including the fire- to comply with the miscellaneous approximately the same portion of the blocking layer along with the covering. equipment requirements of § 121.313(f) total flammable material in those Based on the above, the FAA has and (g). However, although not airplanes as in the larger airplanes. In decided to adopt the seat cushion specifically discussed in Notice 95–5, addition to representing a large portion flammability standards of § 121.312(c), § 121.313(c) pertaining to a power of the materials in the cabin that are but to allow a compliance period of 15 supply and distributive system would flammable, the foam materials typically years after the publication date of this also be required. used for seat cushions are, by far, the rule. The FAA felt that the immediate Comments: Fairchild Aircraft notes most flammable of all the materials used cost of this retrofit would have that § 121.313(c) requires a power in the cabin. A secondary, but no less negatively affected the industry. By supply and distribution system that significant, benefit is that cushions allowing up to 15 years, it should be meets the requirements of six sections of meeting these flammability standards possible for all replacements to be part 25. Because § 121.313(c) does not are much less likely to ignite and scheduled within normal replacement assign an effective date to this list of sustain a flame than those that do not cycles. An additional benefit of a 15- part 25 sections, Fairchild assumes that meet the standard. Precluding a fire year compliance period is that it is the current version of each section from occurring is obviously the best certificate holders can coordinate their that would be applicable. Fairchild also possible form of fire protection. compliance with this section with their questions whether all airplanes The FAA conducted a series of 12 plans for meeting other extended currently operated under part 121 meet full-scale fire tests at its Technical compliance times, i.e., meeting the the current standards of part 25. Based Center at Atlantic City, New Jersey, performance and accelerate-stop on their assumption that their airplanes using the fuselage of a Metroliner. The requirements and installation of a third would have to meet current sections of cabin of the Metroliner is typical of attitude indicator. part 25 and the fact that SFAR 23 and those of the part 23 Normal or SFAR 41 airplanes do not meet those Commuter Category airplanes with 10 to As noted above, the FAA also proposed requirements, Fairchild proposes 19 passenger seats. Under the test that the interior components of nontransport amending § 121.313(c) to except category airplanes newly manufactured 4 conditions, it was shown that using seat years or more after the publication date of the nontransport category airplanes type cushions meeting these flammability final rule must meet the same standards that certificated after December 31, 1964, standards, in lieu of the flammability those components must meet when installed from this requirement. standards that would otherwise be in transport category airplanes with 19 or FAA Response: The commenter has applicable, would afford passengers fewer passenger seats (i.e. Bunsen burner correctly identified the sections of part 65866 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

25 that are listed in § 121.313(c): be able to install one. One commenter The FAA acknowledges that the however, the commenter has apparently states that operators will be required to commenters correctly state that keyless overlooked the alternative provisions obtain a supplemental type certificate to locks in airplanes with a passenger contained in that section. In part, retrofit airplane doors with key locks. seating configuration of 20 or more § 121.313(c) also reads: ‘‘or that is able Another commenter states that this would have to be retrofitted to work to produce and distribute the load for requirement would force operators to with keys. Certificate holders that the required instruments and equipment choose between removing the high- would have to retrofit their door locks *** .’’ This additional text of quality cockpit door installed at great would incur a higher cost to comply § 121.313(c) allows the use of a power expense on BE 1900D aircraft which with the requirement. Yet, the FAA supply and distribution system that provides protection from cabin strongly believes that keyless locks performs this function regardless of illumination glare during night which only lock from the cockpit side whether it complies with the listed operations, or installing and using a pose a severe safety hazard if the pilots sections of part 25. The commenter’s lock on this door, both of which are become incapacitated. The FAA proposed amendment is not needed contrary to safety. One commenter states maintains that an extended time period because § 121.313(c) already includes that the 1900C and 1900D airplanes to retrofit locks is not justified in light provisions for alternate means of have frangible doors between the of the many other new requirements compliance. The commenter’s products cockpit and cabin to reduce distractions. which are even broader in scope. have already been shown to comply According to the commenter, as Cargo and baggage compartments. with this alternative. proposed, the rule would require Part 25 (as referenced in § 121.314) The commenter is correct in believing installation of locks on those doors. contains requirements for cargo or that some airplanes currently operated Finally, one commenter says that the baggage compartment liners, smoke in part 121 service might not meet the wording of the cockpit door requirement detection, and fire extinguishment for current sections of part 25 listed in should be clarified to exclude 10 to 19 various classes of compartments. The § 121.313(c). The issue is moot, seat aircraft not yet produced. compartment classification system, also however, since § 121.313(c) provides for According to the commenter, the duplicated in § 121.221 (which as alternative means of compliance. proposal resolves the problem for previously discussed applies only to Cockpit doors and door keys. Section existing 10–19 seat airplanes. However, certain airplanes type certificated before 121.313 (f) and (g) require that there be proposed § 121.2(f) would require all November 1, 1946), is based on the a lockable door between the cockpit and new airplanes to be certificated in compartment’s accessibility for fire the cabin and that there be a key for transport category. The commenter detection and extinguishment. Part 25 each cockpit door that is readily states that new 10–19 passenger was amended in 1989 to require the available to each crewmember. Part 135 airplanes will have the same problem as liners of Class C and D compartments to does not have such requirements. The existing nontransport category types; meet more stringent flammability FAA proposed that the affected that is, cockpit doors will neither be standards. Section 121.314 was also commuters be required to comply with practical nor appropriate. The adopted at that time to require the the part 121 rules if there is a door with commenter recommends amending improved liners in existing transport a lock or a door that can be retrofitted § 121.313(f) to read ‘‘* * * except that category airplanes on a retroactive basis. with a lock. (Curtains or accordion airplanes type-certificated for a Part 23 contains no classification doors are not considered lockable maximum of 19 or fewer passengers are system or requirements for compartment doors.) If a lockable door already exists not required to comply with this fire protection; however, a proposed or can be retrofitted, the certificate paragraph.’’ rule to add comparable requirements holder would be required to provide a AACA notes that the language of was issued on July 22, 1994 (59 FR cockpit key that is readily available to § 121.313(f), which lists required 37620). The FAA proposed in each crewmember. Accordingly, the equipment for operating an aircraft, § 121.2(e)(2)(ii) by referencing § 121.314 language of § 121.313(f) was changed to should be changed to exclude airplanes to require this modification for except nontransport category airplanes that do not have cockpit doors. commuter category (or its predecessor) certificated after December 31, 1964, FAA Response: The FAA maintains airplanes manufactured 4 years or more without a door. Transport category that the cockpit key and door lock after the publication date of the final airplanes already are required to have a requirement should be retained to rule. However, in Notice No. 95–5, the door and a lock with a key. enhance aviation safety. However, the FAA did not propose to amend Comments: Most of the comments final rule language is clarified to require § 121.314, which currently applies only received on this issue oppose the compliance only for airplanes with a to transport category airplanes. requirement for a locking cockpit door passenger-seating configuration of 20 or Comments: Two commenters and key. Several commenters say that more seats. Therefore, the requirement submitted identical comments the cockpit door on EMB–120 airplanes for a door lock and cockpit key does not concerning this proposal. Both cannot be locked when the observer apply to nontransport category airplanes commenters believe that the cargo or jumpseat is in use. These commenters type certificated after December 31, baggage compartment classification are concerned that strict adherence to 1964 even if the airplane has a cockpit system of § 25.857, referenced in the wording of the rule would require door. § 121.314, is not suitable for smaller them to retrofit the door, redesign the In response to the comments airplanes with fewer than 20 seats and cabin, and probably remove a revenue regarding the EMB–120, § 121.587 that the smoke detector and fire seat, all at a high cost. These allows for the door to remain open, if extinguisher requirements are commenters recommend that the EMB– necessary, to provide access for a person unreasonable and unnecessary in those 120 be exempted from the requirement authorized admission to the flightcrew airplanes. In that regard, they note that when the observer jump seat is in use. compartment. This allows for the door many commuter category airplanes are One commenter states that some to be open if the jump seat is in use by convertible from a full passenger nontransport category aircraft that will an authorized person. Section 121.587 configuration with a relatively small transition to part 121 do not have a applies to large airplanes which baggage compartment to combination cockpit door lock and key and may not includes the EMB–120. passenger/cargo (combi) configurations Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65867 to cargo only. They do not believe that No. 95–5 did not propose any change for within 2 years after the date of it is practical to modify any of the combi airplanes in existence or for airplanes publication of this final rule. In configurations to comply with any of newly manufactured under existing type addition, § 121.317(d) requires one the cargo compartment classes defined certificates, this issue need not be legible sign or placard that reads ‘‘fasten by § 25.857. They assert there has been discussed further in this rulemaking. seat belt while seated’’ that is visible no history of service problems Passenger information. Notice 95–5 from each passenger seat. Affected indicating a need for such features. proposed that affected commuters commuters must comply with No comments were received would comply with the passenger § 121.317(d) at the time of recertification concerning compartments other than information requirements in § 121.317. under part 121, or within 15 months, those of combi airplanes. Also, no There was no preamble discussion of whichever occurs first. commenters responded to the request in this section because the FAA Instruments and equipment for the preamble to Notice No. 95–5 for determined that current requirements operations at night. Section 121.323 information concerning less-costly for affected commuters in §§ 135.127 requires two landing lights for night alternatives such as requiring only and 91.517 were substantively the same operations. Under the proposal, the liners and smoke detection. as those in § 121.317. requirement would apply to all affected FAA Response: The FAA agrees that Comments: Three comments were commuters. While no comments were the present requirements of § 25.857 are received on this section. Commuter Air received on the proposal, the FAA had not entirely suitable for airplanes with Technology suggests that seatbelts intended to revise § 121.323 to except a passenger seating capacity of less than should be worn the entire time for nontransport category airplanes 20 and the FAA has initiated a flights of less than an hour and a half. certificated after December 31, 1964, rulemaking project to develop and According to the commenter, requiring from having more than one landing propose similar standards that would be seatbelts at all times while engines are light. The exception was intended suitable for these airplanes. In view of running would provide better passenger because small airplanes with shorter this project the FAA has decided to safety, remove an unnecessary checklist wing spans can be operated safely with defer this proposal for future item from the flight station, and only one landing light. The exception rulemaking. eliminate the probability of missing a was inadvertently omitted from Notice Fuel tank access covers. As a result of flight due to an inoperative sign. 95–5 but is included in the final rule. the 1985 Manchester British Air Tours According to the commenter, each seat Oxygen requirements. Sections accident (in which a piece of metal from could be placarded and the co-pilot 121.327 through 121.335 cover the aircraft engine punctured the fuel could make a visual check of passenger supplemental oxygen requirements and tank access panel and created a fire), compliance after closing the door hatch oxygen equipment requirements. The § 25.963(e) was amended in 1989 to prior to departure. requirements are similar to the oxygen require that all covers located in an area Two commenters state that requirements in § 135.157 except that where a strike by foreign objects is § 121.317(a) should be revised to allow for certain airplanes, part 121 requires likely must have as much resistance to permanently lighted no-smoking signs less oxygen. Each affected commuter fire or debris penetration as the or conspicuous placards, since smoking who would have to comply with part surrounding structure. Concurrent with is prohibited on all flights. 121 oxygen requirements as a result of the part 25 amendment, § 121.316 was FAA Response: Section 121.317 sets this rulemaking should be able to amended to require airplanes already in minimum requirements. Both operate its airplanes in accordance with service to comply with § 25.963(e) on a §§ 121.317 and 135.127 allow the use of the oxygen requirements specified in retrofit basis. These requirements no smoking placards that meet the part 121. pertain to all transport category, turbine- requirements of § 25.1541 if the placards Comments: Fairchild Aircraft powered airplanes. Due to their smaller are posted during the entire flight comments that the first aid oxygen size and turbo-propeller configuration, segment. Section 121.317(a) requires requirements of § 121.333(e)(3) are part 23 airplanes generally do not passenger information signs (fasten inappropriate for smaller commuter present the same hazard. The FAA did seatbelt signs and no smoking signs) service and that this section should be not propose to require part 23 airplanes that the pilots can turn on and off and revised to exclude airplanes with fewer to comply with §§ 25.963(e) and § 121.317(b) specifies when fasten than 20 seats. This commenter also asks 121.316. Since § 121.316 applies only to seatbelt signs must be turned on. To that § 121.335 be revised to allow ‘‘turbine-powered transport category’’ ensure that the present requirements of oxygen flow rates based on the airplanes, no rule change is needed. The § 121.317 are not interpreted so as to airplane’s certification basis rather than FAA points out that turbine-powered prohibit the use of placards in certain Civil Air Regulation 4b.651. Fairchild transport category airplanes previously airplanes, a clarifying amendment is finds that this would avoid unnecessary operated under part 135 would have to included in the final rule. New complication and expense. comply with § 121.316. § 121.317(l) provides that a person may FAA Response: In the case of first aid Comments: Raytheon Corporation operate a nontransport category airplane oxygen, since Notice 95–5 proposed no submitted comments on the costs of type certificated after December 31, flight attendant for the 10- to 19-seat complying with § 25.963(e) for airplanes 1964, having a passenger-seating airplane, requiring the first aid oxygen that in the future would be required to configuration of 10–19 seats that would be dispensed by a flight be type certificated in the transport manufactured before 15 months after the attendant would not be logical. Since category under part 25. publication date of this final rule if it is the airplanes operated by the affected FAA Response: As previously equipped with one placard that is commuters were not type certificated for discussed, the applicability of all legible to each person seated in the flight above 25,000 feet and since present part 25 requirements to cabin that states ‘‘Fasten Seat Belt’’ if § 121.333(e)(3) only applies to airplanes with a passenger seating the flightcrew orally instructs the pressurized airplanes that operate above capacity in the 10–19 range for which a passengers to fasten their seatbelts at the 25,000 feet, it would not as a practical type certificate is applied for after necessary times. Newly manufactured matter apply to commuter (or March 29, 1995, will be dealt with in a airplanes must comply with lighted seat predecessor) airplane operations. The future rulemaking action. Since Notice belt sign requirements of § 121.317(a) requirement does apply to airplanes 65868 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations with 20 to 30 passenger seats, as station, and an additional portable PBE would be required. With regard to proposed. on the flight deck for use in fighting firefighting PBE, the FAA has In the case of § 121.335, the FAA fires. An airplane with a passenger- determined that such equipment is not finds that parts 23 and 25 provide seating configuration of 20 to 30 seats appropriate for operations with 10–19 standards for oxygen that either meet or would have to have at least four PBE: passengers. There are no flight exceed the standards in section 4b.651 one PBE, fixed or portable, for each attendants on these flights and the pilots of the CAR. Section 4b.651 has a built flight crewmember at his or her station; generally remain on the flight deck to in deviation authority. an additional portable PBE on the flight operate the aircraft during an Portable oxygen for flight attendants. deck for fighting fires; and a portable emergency. In an emergency, passengers Section 121.333(d) requires that each PBE in the passenger compartment will have access to a fire extinguisher flight attendant shall, during flights located within 3 feet of the required and will be able to assist in above 25,000 feet, carry portable oxygen hand fire extinguisher. extinguishing any flames within the equipment with at least a 15-minute The proposal revised the applicability cabin. However, passengers are not supply of oxygen, unless enough of the current rule to include other than trained in the use of fire combatting PBE portable oxygen units with masks or transport category airplanes. Proposed and would not know how to operate spare outlets and masks are distributed § 121.337(b)(9)(iv) was also revised to such equipment. Accordingly, through the cabin to ensure immediate except airplanes having a passenger- nontransport category airplanes type availability of oxygen to each flight seating configuration of fewer than 20 certificated after December 31, 1964, attendant regardless of his or her seats and a payload capacity of 7,500 having a passenger-seating configuration location at the time of cabin pounds or less from the requirement to of 10- to 19-seats are excepted in the depressurization. Part 135 does not have have a PBE in the passenger final rule from the requirements in a similar requirement for portable compartment. The exception is needed § 121.337(b)(9) for having PBE’s for oxygen for flight attendants. In Notice because these airplanes are not required combatting fires. 95–5, the FAA proposed that affected to have a flight attendant; for these In response to other comments, the commuters who use flight attendants in airplanes, the portable PBE on the flight lack of a pressurized cockpit does not their operations and that operate above deck could be used by a flight diminish the need for PBE to enhance 25,000 feet be required to comply with crewmember for fighting a fire. safety in case of fire, nor can existing the part 121 requirement. No comments The FAA proposed to require oxygen systems provide adequate were received on this issue and the final compliance with § 121.337 by a date 2 protection for fighting a fire. Approved rule is adopted as proposed. For a years after the publication date of the PBE in the cabin must have a protective related discussion on the use of oxygen, final rule. (See § 121.2) hood and be fully mobile. see the discussion under ‘‘Oxygen Comments: Several commenters Due to the broad scope of this Requirements.’’ oppose the PBE requirement. These rulemaking action, certificate holders Protective breathing equipment (PBE). commenters are concerned about the will have to deal with many new Section 121.337 contains requirements lack of space in the plane, the high requirements. Therefore, as proposed, a for equipping the flight deck and compliance cost, and the lack of benefits consistent compliance period of 2 years passenger compartments of transport in having the equipment. These is applied to all affected airplanes for category airplanes with PBE. Part 135 commenters state that PBE equipment acquiring PBE. does not currently require any type of on non-pressurized aircraft is not Emergency equipment for extended PBE. justified. Two commenters claim that overwater operations. Sections 121.339 Section 121.337(b)(8) (smoke and their current equipment (built in oxygen and 135.167 require that airplanes fume protection) requires PBE, either supply systems and masks) ought to engaged in extended overwater fixed or portable, to be conveniently exempt them from the PBE requirement. operations (more than 50 nautical miles located on the flight deck and easily One commenter incorrectly believes that from the nearest shoreline) provide the accessible for immediate use by each a PBE would be required for the cabin following: enough life rafts of a rated flight crewmember for smoke or fume on METRO aircraft (a 19 seat airplane). capacity and buoyancy to accommodate protection at his or her duty station. In One commenter suggests that in the the occupants of the airplane; a life addition, § 121.337(b)(9) (fire interest of safety the FAA should reduce preserver equipped with an approved combatting) requires that for combatting the compliance time for PBE equipment survivor locator light for each occupant fires a portable PBE must be located on to 6 months. Though commenters of the airplane; a pyrotechnic signaling the flight deck with easy access by each provide cost estimates to install PBE on device for each life raft; a survival kit flight crewmember for fighting fires. their airplanes, costs are provided only and a survival type emergency locator Also portable PBE in the passenger for 10 to 19 seat airplanes, which would transmitter. In addition, § 121.339 compartment must be located within 3 not be required to have PBE in the requires that unless excess rafts of feet of each hand fire extinguisher. Both cabin. enough capacity are provided, the of these requirements provide that the FAA Response: The FAA maintains buoyancy and seating capacity of the Administrator may authorize another that the proposed PBE requirement for rafts must accommodate all occupants location if special circumstances exist affected commuters is appropriate. of the airplane in the event of loss of that make compliance impractical and There are several safety benefits for one raft of the largest rated capacity. In the proposed deviation would provide requiring smoke and fume PBE. The use practice, this requirement is typically an equivalent level of safety. of smoke and fume PBE required by met by carrying a spare raft of the largest The proposal required affected § 121.337(b)(8) would help prevent the rated capacity. commuters to comply with the PBE injury or death of flight crewmembers The FAA proposed that the affected requirements of § 121.337. To be in from smoke or harmful gases. commuters that engage in extended compliance, an airplane with a The FAA contends that there is overwater operations should be required passenger-seating configuration of 10 to adequate space in the cabin of 20- to 30- to meet the part 121 requirements. As 19 seats would have to have at least seat commuter airplanes to with current part 121 certificate holders, three PBE: one PBE, fixed or portable, accommodate portable PBE for fire affected commuters can apply for for each flight crewmember at his or her combatting, and no major cabin retrofits deviations, and the FAA can decide, on Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65869 a case by case basis, if a deviation is is appropriate for affected commuters to states that the rule should allow appropriate. These deviations are issued enhance passenger safety. The exemptions for operations that do not pursuant to § 121.339(a) which permits requirement in part 121 for equipping fly over or near large bodies of water. the Administrator to allow deviation each life raft with a pyrotechnic This commenter does not believe that from the requirement to carry certain signaling device is identical to part 135 flotation devices would enhance safety. equipment for extended overwater for extended overwater operations. The Finally, a third commenter states that operations. Since there are few extended recommendation to except scheduled flotation devices are already required for overwater operations conducted by air carriers from the provisions of extended overwater flights for all commuters, the FAA does not expect § 91.205(b)(11) is beyond the scope of airplanes by § 91.205. this proposed requirement to have a this rulemaking. Moreover, under FAA Response: The FAA concurs that significant impact. § 119.1(c) persons subject to part 119 if the seat cushions in a particular Comments: Four commenters argue must comply with other requirements of airplane model do not serve as flotation against the requirement for a spare life this chapter, except where those devices, then individual flotation raft on commuter airplanes. One requirements are modified by or where devices would have to be acquired. If commenter says that the spare life raft additional requirements are imposed by life preservers are provided as is not necessary because seats can be parts 119, 121, 125, or 135 of this individual flotation devices they would equipped with additional life vest chapter. Therefore, the final rule have to have an approved survivor storage pouches. Another commenter requires commuter airplanes to adhere locator light as required by says that the spare life raft is to part 121 standards and provides § 121.339(a)(1). appropriate for larger airplanes but not deviation authority on a case by case The FAA found during previous for 10 to 30 seat aircraft. This basis. rulemaking that all flights traverse a commenter also suggests that the rule Flotation devices. Section 121.340 body of water of at least 6 feet deep should remain as presently written requires that a large airplane in any during the course of a year. Therefore, under § 135.167, and, on a case-by-case overwater operation must be equipped individual flotation devices or life basis, the FAA can require certificate with life preservers or with an approved preservers for 10 to 30 seat airplanes are holders to obtain a spare life raft. flotation means for each occupant. required on all flights. Section Another commenter states that spare life Because it is practically impossible to 121.340(b) contains provisions for rafts should not be required on aircraft operate any place without flying over a requesting an approval to operate with less than 20 passenger seats body of water of sufficient depth to without the flotation means if the because the requirement will increase require some sort of flotation means, operator shows that the water over operating costs and reduce passenger § 121.340 has been applied so that which the airplane is to be operated is revenues. A fourth commenter states virtually every airplane is equipped not of such size and depth that life that the cumulative weight, space, and with either flotation cushions or life preservers or flotation devices would be compliance costs will be significant for preservers. In parts 121 and 135, life needed for survival. affected Alaskan operators and that preservers are required only for The FAA concurs with one of the these costs cannot be spread across a extended overwater operations, commenters that § 91.205 requires large number of passenger seats as can (§§ 121.339 and 135.167). Therefore, flotation devices for all airplanes be done with a larger aircraft. airplanes used in extended overwater involved in extended overwater flights. Three commenters state that the operations are already equipped with Section 121.340 is clearly more requirement in § 91.205 (b)(11) for a life preservers and do not need to have restrictive. pyrotechnic signaling device is flotation cushions. Although the compliance date for understandable for general aviation The FAA proposed that airplanes meeting passenger seat cushion aircraft, but is impractical and equipped with 10 or more seats flammability requirements has been superfluous for airplanes operating operating in scheduled passenger extended to 15 years, the compliance under part 121 in scheduled air carrier operations would comply with time of 2 years for providing flotation service. The commenters recommend § 121.340 and accordingly proposed devices is the same as proposed. that § 91.205 be revised to exclude revising the section to delete the word Equipment for operations in icing airplanes operating under part 121. ‘‘large.’’ To allow any replacement of conditions. Section 121.341 requires FAA Response: The FAA maintains seat cushions to be coordinated with the certain equipment for operations in that airplanes conducting extended seat cushion flammability requirements icing conditions. The proposal would overwater flights need to carry enough of § 121.312(c), the FAA proposed a require affected operators to comply life rafts to accommodate all passengers compliance date of 2 years after the with this section. In accordance with in the event of the loss of the life raft publication date of the final rule. § 121.341(b), to operate an airplane in with the largest rated capacity. Such a Comments: The FAA received three icing conditions at night, a wing ice requirement will enhance safety in the comments that oppose the requirement light must be provided or another means event of an accident. Individual for flotation devices. One commenter of determining the formation of ice on flotation devices are not adequate for opposes the requirement because of the the parts of the wings that are critical safety in the event of a water ditching equipment cost and weight penalty. from the standpoint of ice because passengers tend to separate in This commenter determines that the accumulation. This would be a new open water. A life raft enables seat cushions in the METRO aircraft requirement for 10- to 19-passenger seat passengers to stay together. An even would not serve as effective flotation airplanes. greater threat is hypothermia, a devices. The commenter provides a cost No comments were received on this sequence of physical reactions resulting estimate for acquiring and retrofitting proposal; however, the FAA has from the loss of body heat. In cold individual flotation devices for METRO determined that the requirements of water, a person will experience airplanes. The commenter also states § 135.227 (c), (e), and (f) need to be increased difficulty with mobility and that each flotation device for 10 to 30 incorporated into § 121.341 to intense shivering occurs. In arctic seat airplanes would have to be accommodate certain affected airplanes. waterways, survival time can be as little equipped with an approved survivor These requirements pertain to operating as 2 or 3 minutes. Thus, a spare life raft location light. A second commenter limitations for flying into known icing 65870 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations conditions if the airplane is not Notice 95–5, the FAA re-examined the aircraft operated under part 135 are equipped for icing conditions. Thus the cost estimates of this rulemaking. Those required to have them. It strongly final rule § 121.341 incorporates the part revised cost estimates, which are higher supports extending the current part 121 135 language. than those in the proposal, are included requirement to all aircraft with 10 or Pitot heat indication system. Section in the Regulation Evaluation Summary more seats operating in scheduled 25.1326 requires a pitot heat indication of this rulemaking. passenger service. In addition, the system to indicate to the flightcrew The FAA disagrees with the commenter supports regulations which when a pitot heating system is not commenter’s contention that ground would require such equipment to meet operating. Part 23 currently requires checks and short flights preclude the a new, higher minimum standard. pitot heat systems for airplanes need for pitot tube heat indicators. FAA Response: A recommendation for approved for IFR flight or flight in icing Airspeed indicating errors caused by a rule change on FDR’s is being conditions, but does not require pitot unheated pitot tubes have contributed to addressed by the Aviation Rulemaking heat indicators. Section 121.342 icing-related accidents. Airspeed Advisory Committee (ARAC), and the currently requires a pitot heat indication indicating errors are not always obvious concerns of the commenting parties will system on all airplanes that have pitot to the pilot who may make decisions be reflected in that separate rulemaking heat systems installed. based on the resulting erroneous if a rule change is proposed. This In recommendation A–92–86, the information. A system which indicates rulemaking did not propose any National Transportation Safety Board when the pitot tube is, or is not, heated increase in channels for existing FDR’s. (NTSB) recommended that small will provide the crew with the status of For clarification the proposed rule airplanes certificated to operate in icing the system. language has been revised in § 121.344 conditions and at altitudes of 18,000 Therefore, the FAA is amending of the final rule to state that § 135.152 feet mean sea level and above should be § 121.342, as proposed, to require FDR requirements will apply to modified to provide a pitot heat nontransport category airplanes type airplanes with a payload capacity of operating light similar to the light certificated after December 31, 1964, 7,500 pounds or less and a passenger required by § 25.1326. As recommended that are equipped with a flight seating configuration, excluding any by the NTSB, the FAA proposed to instrument pitot heating system to pilot seat, of 10–30 seats. The proposed amend part 23 to require such incorporate pitot heat indication rule had not specified passenger seating indication for commuter category systems within 4 years after the effective capacity. airplanes (Notice No. 94–21, 59 FR date of this rulemaking. Radio equipment. Sections 121.345 37620, July 22, 1994). This new Flight data recorders (FDR’s). Notice through 121.351 cover radio equipment requirement, when adopted, will apply 95–5 did not propose any substantive requirements. Part 121 specifies radio to new type certification and will not revisions to current part 121 or part 135 equipment requirements for operations affect existing in-service commuter flight data recorder (FDR) requirements. under VFR over routes navigated by airplanes or future production of According to the proposal, affected pilotage, for operations under VFR over currently approved commuter airplanes. commuters would continue to meet part routes not navigated by pilotage or for In Notice 95–5, the FAA proposed to 135 requirements while the FAA is operations under IFR or over-the-top, amend § 121.342 to require nontransport developing updated FDR requirements and for extended overwater operations. category airplanes type certificated after for both parts 121 and 135. The requirements are more specific and December 31, 1964, to incorporate pitot Comments: One commenter states that restrictive than those in § 135.161. The heat indication systems. Affected some of the current equipment being radio equipment requirements in part commuters would have to comply used is providing inadequate records 121 are cumulative; that is, the within 4 years after the publication date and that part 121 and 135 certificate regulations prescribe basic radio of this rulemaking. holders should be required by December equipment requirements for VFR over Comments: Three comments were 31, 1999, to install new FDR on all routes navigated by pilotage and received on this proposal. Fairchild airplanes. He further states that industry additional equipment for VFR over-the- Aircraft Co., a manufacturer of data indicates the changeover will cost top or IFR. Almost all part 121 commuter airplanes fully supports the $29 million divided by 454 million operations are conducted under IFR. proposal. passengers a year, and that equates to 6 The proposed rule would require RAA notes that FAA’s cost estimate of cents increase in ticket prices. affected commuters to comply with part $500 was significantly lower than the AIA and Raytheon state that following 121 radio equipment requirements. commenter’s estimate of between $1,500 NTSB safety recommendations on FDR’s The final rule revised § 121.349 (radio and $25,000 per airplane. The could result in as large an impact on the equipment for operations under VFR commenter further states that there was economic viability for current and over routes not navigated by pilotage or no known history of accidents or future aircraft in this category as the for operations under IFR or over the top) incidents to justify the cost of retrofits effects of Notice 95–5. They further state by adding a new paragraph (e) which and recommends that the requirement that although additional information incorporates requirements in apply only to newly manufactured from FDR’s is needed, the safety § 135.165(a). This change is necessary airplanes. recommendations as written would because part 121 does not have Commuter Air Technology, an aircraft require 56 to 84 channels of data on a comparable requirements. modifier, notes that pitot tubes are 1900D and would be excessive for most Emergency equipment for operations accessible to ground personnel who data requirements. This would result in over uninhabited terrain. Section could ascertain their proper function a large redesign effort and related 121.353 prescribes the emergency prior to flight. The commenter argues increases in costs. equipment needed for operations over that because of the short duration of American Eagle comments that it uninhabited terrain for flag and commuter flights (usually 1 hour) believes that this equipment, as well as supplemental operations. The failure in flight would probably allow cockpit voice recorders, is important in requirements include pyrotechnic for continued flight to the next airport. the post-incident investigation process signaling devices, emergency locator FAA Response: As a result of and, as a result, has installed FDR’s on transmitters (ELT’s), and survival kits comments received in response to all its aircraft even though not all equipped for the route to be flown. The Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65871 proposed rule would require scheduled intrastate operations within implementation is on a case-by-case compliance with § 121.353. the States of Alaska and Hawaii are basis through operations specifications, Comments: Two commenters state currently conducted under flag rules, as it was determined that the proposed that application of § 121.353 to affected a result of this final rule, these will now wording was not necessary. This commuters would provide relief from be domestic operations and the survival provision has been in effect for over 30 compliance with § 91.205, which would equipment requirements do not apply to years without any problem about the reduce the standards. One of these domestic operations. The FAA did not meaning of ‘‘uninhabited areas.’’ commenters claims that S-type ELT’s as intend to reduce requirements for Airborne weather radar. The proposed required by § 121.353 are useful for sea operations over uninhabited terrain in rule would require all affected ditching but are of no use over Alaska or Hawaii as currently commuters to have airborne weather uninhabited terrain. According to the applicable. Therefore, the title of radar in accordance with § 121.357. commenter, they are intended for § 121.353 has been revised and an Currently, part 135 requires weather extended overwater operations, are applicability statement added to include radar for 20–30 passenger seat airplanes immersion activated, are not intended Alaska and Hawaii. Since these and weather radar equipment or for fixed installation on aircraft, lack operators have been meeting flag approved thunderstorm detection any impact G-force activation feature, requirements, this revision will not be a equipment for 10–19 passenger are very bulky, are extremely expensive, change for them. airplanes. and, by design, are not suitable for The revisions requested to part 91 to Comments: Three comments were surviving situations other than sea exempt ferry flights and other types of received on the proposal. RAA and ditching. The commenter states that flight incidental to scheduled flights is AMR Eagle support the proposed incapacitated survivors on uninhabited a separate issue from the requirements requirement. AMR Eagle states that terrain cannot expect any help from an of § 121.353 which pertain only to commuter operations are typically S-type ELT. The commenter emergency equipment for operations characterized by high frequency recommends revising § 121.353 to state over uninhabited terrain. Any operations at lower altitudes with short that the provisions are in lieu of part 91 amendment to part 91 would need to be stage lengths which necessarily limits provisions and that an airplane subject part of a separate rulemaking. preplanning, planning, or executing a to part 121 must be equipped with an The FAA does not agree that the desired deviation in flight profile ELT or pyrotechnic signal device in language of § 121.353 should be revised because of changing weather. Hence a accordance with § 121.353 or § 121.339 to clarify that it replaces the flightcrew needs all available tools to (extended overwater). requirements for pyrotechnic signaling conduct safe operations. RAA also states that the requirement devices in § 91.205(b)(11) pertaining to One commenter states that airborne for pyrotechnic signaling devices is aircraft for hire operated over water weather radar is not needed in Alaska impractical for airplanes operating beyond power off gliding distance to because severe thunderstorms and under part 121 and recommends that shore. The proposed applicability of tornadoes do not occur there. § 91.205(b)(11) be amended to exclude § 121.353 to affected commuters if they AACA claims that Notice 95–5 is these certificate holders. fly a supplemental or flag operation silent about the exceptions for RAA and ASA point out that the does not affect the applicability of part operations within the states of Alaska requirement for ELT’s in § 91.207 91 requirements. The requirements of and Hawaii and within parts of Canada. exempts turbojet-powered aircraft and § 91.205(b)(11) would continue to apply AACA requests that the FAA aircraft engaged in scheduled flights by under applicable circumstances. Part specifically address the issue that scheduled air carriers. RAA and ASA 121 requirements are in addition to part airborne weather radar and airborne believe that all jet-powered airplanes 91, not in lieu of part 91. thunderstorm detection equipment will that normally operate under part 121 The FAA does not agree with the not be required for operations whether or not they utilize propellers commenter’s claim that survival-type previously excepted under part 121 and should be exempt from the requirements ELT’s do not work except in water part 135 (§§ 121.357(d) and 135.173(e)). of § 91.207 during flight operations ditchings. It is true that S-type ELT’s According to the commenter, there have under part 91, such as ferry, training, must meet certain buoyancy, been no meteorological changes in testing, proving runs, which are waterproofness, and immersion in salt Alaska since the regulation was incidental to or in support of scheduled water requirements. While many S-type originally written; therefore, this operations. RAA and ASA recommend ELT’s employ water-activated batteries, equipment is no more necessary now revising § 91.207(f)(1) to read: ‘‘Large they are not required. Regardless of the than it ever was. turbine powered airplanes.’’ type of battery used, each ELT must FAA Response: The FAA agrees with AACA indicates that the economic have a means by which it can be AACA that, in accordance with analysis did not include the weight activated manually. § 121.357(d), airborne weather radar is penalties or costs for installing, In addition, this rulemaking does not not required for airplanes used solely maintaining, repairing, and training for define ‘‘uninhabited terrain.’’ When the within the State of Hawaii or the State the use of survival kits. AACA also predecessor regulation to § 121.353 was of Alaska or that part of Canada west of states that the rule is unclear as to when proposed in CAB draft release 58–24 in longitude 130 degrees W, between the kits are required since ‘‘uninhabited 1960, ‘‘uninhabited terrain’’ was defined latitude 70 degrees N and latitude 53 areas’’ is not defined. AACA as ‘‘flights for long distances over frigid degrees N, or during any training, test, recommends clarifying the applicability or tropical land areas for which the or ferry flight. This exception is retained of these requirements to Alaska. AACA, Director finds such equipment to be in the final rule. In Notice 95–5 the FAA as well as other commenters, also states necessary for search and rescue did not propose to delete the that there is an Alaskan state law operations because of the character of § 121.357(d) exception. requiring extensive survival equipment the terrain to be flown over.’’ When the All other affected operators would on board any aircraft operated in the rule was adopted, the wording was have to have airborne weather radar State. changed to provide the Administrator within the 15-month compliance period. FAA Response: In response to the more flexibility in identifying Traffic Alert and Collision Avoidance applicability to Alaska, although uninhabited areas. Since System (TCAS). Under the proposal, 65872 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations affected carriers would be required to Low-altitude windshear systems. that are the subject of this rulemaking comply with part 121 TCAS Section 121.358 requires an approved are manufactured outside the United requirements in § 121.356. There are no airborne windshear warning system for States, this deviation provision would substantive differences between part most turbine powered airplanes. It allow certificate holders to have the 121 and part 135 TCAS requirements for specifically excludes turbopropeller- original equipment manufacturers aircraft with passenger seating powered airplanes. No comments were perform some overhauls and repairs. configurations of 10–30 seats. received concerning this section and the Comments: Jetstream Aircraft Limited Comments: Fairchild Aircraft final rule is adopted as proposed. supports the proposals to apply this recommends that the words, Comments received on windshear subpart to affected commuters. ‘‘combination cargo’’ be deleted from training requirements are discussed American Eagle encourages proposed § 121.356(b). under subpart N. rulemaking which would mirror current ALPA says that the FAA should Cockpit voice recorders. No comments parts 121 and 25 maintenance and require TCAS II for aircraft with fewer were received on this issue; however, inspection requirements for aircraft than 30 passenger seats, including cargo the FAA is making a change in the final certificated under part 23 or SFAR 41 aircraft (which have increased in recent rule language to correctly incorporate and used in commercial aviation of any years). the current CVR requirements that apply type. FAA Response: Since the comments RAA recommends revising to airplanes with 10–30 passenger seats. in effect support the proposed rule § 121.356(a) to require that ‘‘* * * each Ground proximity warning system (GPWS). Under the proposed rule, changes, they are adopted as proposed. certificate holder shall equip its Responsibility for airworthiness. airplanes with an approved TCAS II affected commuters would have to comply with the GPWS requirements of Section 121.363 places the traffic alert and collision avoidance responsibility for airworthiness of an system and the appropriate class of § 121.360. By the compliance date of this rulemaking, all part 135 operators airplane on the certificate holder; Mode S transponder. * * *’’ of turbine powered airplanes having a § 135.413 contains a similar Two certificate holders, Samoa Air passenger seating configuration of 10 or requirement. Under the proposal, and Inter Island Air, say that TCAS is more seats would have to have GPWS. affected commuters must comply with expensive and useless for their All affected commuters are included in § 121.363. Section 135.413(a) requires a operating environment, i.e., airspace this requirement. The GPWS required part 135 operator to have defects with little air traffic. under part 135 would meet the repaired between required maintenance Fairchild Aircraft states that standards of part 121. under part 43. This provision does not § 121.345(c)(2), which requires Mode S No comments were received on this appear in part 121. Part 121 operators transponders, is similar to a requirement issue; however, the FAA has discovered are required to have defects repaired in in part 135 (§ 135.143(c)(2)). According that the word ‘‘large’’ was not deleted accordance with their maintenance to the commenter, the Mode S from § 121.360. This deletion is manual. Since an FAA-approved equipment has not been installed and necessary if the requirements are to maintenance manual requires no less the commenter believes that the FAA is apply to all affected commuters. than the part 43 requirements, affected granting exemptions to the requirement Accordingly the word ‘‘large’’ is deleted commuters would experience no change for part 135 certificate holders. If in the final rule. in requirements under the proposal. On exemptions would not be granted under this issue, no comments were received part 121, significant cost would be VI.A.8. Subpart L—Maintenance, and the final rule is adopted as involved. Preventive Maintenance, and proposed. FAA Response: The intent of the Alterations Maintenance and preventive proposed rule § 121.356 was that Applicability. Part 121 certificate maintenance, and alteration airplanes with a passenger seating holders are required to adopt a organization. Section 121.365 requires configuration of 10 to 30 seats must be continuous airworthiness maintenance the certificate holder to have an equipped with at least a TCAS I system program (CAMP), which has a proven adequate maintenance organization for which is the same as the present part track record for large transport category the accomplishment of maintenance, 135 requirement for the affected airplanes. Under § 135.411(a)(2), preventive maintenance, and alterations airplanes. TCAS I systems are not airplanes that are type certificated for a on its airplanes. The provision allows required to be equipped with Mode S passenger-seating configuration of 10 the certificate holder to arrange with transponders. seats or more are already required to another person to accomplish the work, As a commenter states, unrelated to comply with a CAMP similar to part 121 provided that the certificate holder TCAS I requirements, exemptions to the requirements. The proposed rule would determines that the person has an Mode S requirements of part 135 are require all airplanes type certificated for organization adequate to perform the currently in effect. Any affected 10 or more passengers to comply with work. This provision requires separate commuters who hold an exemption part 121 CAMP requirements. These inspection functions to ensure that from the part 135 requirement or from requirements are consistent with those items directly affecting the safety § 135.143, Mode S requirements, after present-day maintenance standards and of flight are verified to be correct by this final rule must reapply to be techniques to manage airplane someone other than the person who exempted from the Mode S airworthiness. The proposal to include performed the work. requirements of part 121.345. affected commuters under part 121 The FAA recognizes that other The commenter’s recommendation to maintenance requirements would not provisions of the proposed rule in require TCAS for all-cargo operations is necessitate a revision to § 121.361. Notice 95–5, which would require beyond the scope of this rulemaking, as Section 121.361(b) contains a affected certificate holders to install are the recommendations to require deviation provision allowing certain new equipment and might lead to TCAS II for all airplanes and to exempt foreign noncertificated persons to replacement of part 23 type certificated certain affected certificate holders from perform maintenance. Affected airplanes with part 25 type certificated the requirement for certificate holders to commuters would now have this option airplanes, could necessitate that have TCAS I by December 1995. available. Since many of the airplanes maintenance personnel (as required by Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65873 this section and by §§ 121.367 and Administrator that the certificate holder that might work under both part 121 121.371) have additional skills and make changes in either or both of its and part 135. training. programs if those programs do not FAA Response: The existing rule Comments: American Eagle supports contain adequate procedures and requires only 24 consecutive hours off the proposal. standards to meet the requirements of during any 7 consecutive days. While it FAA Response: Since the only this part. No comments were received may have been possible to work comment on this issue is supportive, the on this issue and the final rule is mechanics under part 135 7 days a rule is adopted as proposed. adopted as proposed. week, without rest, the FAA believes Manual requirements. Sections Maintenance and preventative that the combination of union work 121.369 and 135.427 have almost maintenance training programs. rules, Department of Labor regulations, identical requirements specifying that Sections 121.375 and 135.433 contain and general practice of a day of rest each the certificate holder include in its identical requirements prescribing week would, in effect, accomplish the manual a description of the organization training programs that ensure that same result as the rule. required by § 121.365 and a list of persons performing maintenance or Mechanics must receive adequate rest persons with whom it has arranged for preventive maintenance functions in order to properly perform their the performance of any required (including inspection personnel) are duties. Prescribing a minimum standard inspections, other maintenance, fully informed about procedures, will ensure that some rest is provided. preventive maintenance, or alterations. techniques, and new equipment in use It would be inconsistent to require rest The manual must contain the programs and that those personnel are competent for the pilots and flight attendants but required by § 121.367, including the to perform their required duties. The not for the people responsible for methods of performing required FAA proposed that operators comply maintaining the airplane. The FAA inspections, other maintenance, with part 121. On this issue, no believes that the burden of scheduling preventive maintenance, or alterations. comments were received and the final and providing a day of rest would be This manual is necessary to ensure that rule is adopted as proposed. minimal. Standard time cards, a the certificate holder has provided an Maintenance and preventive common practice, could be used to adequate maintenance program for the maintenance personnel duty time show compliance. airworthiness of its airplanes and to limitations. Section 121.377 establishes No FAA regulation prevents a inform its personnel, or other persons the requirements for maintenance mechanic from working for both a part who perform maintenance, of their personnel to be relieved from duty for 121 and a part 135 employer when the responsibilities regarding the a period of at least 24 consecutive hours mechanic is qualified and, when performance of maintenance on the during any 7 consecutive days, or the working on airplanes operated under airplane. In the proposal, the FAA equivalent thereof within any calendar part 121, the certificate holder meets the required affected commuters to comply month. This requirement is for regulatory requirements of part 121 for with part 121. No comments were maintenance personnel within the time free from duty. received on this issue and the final rule United States. This provision would be It should also be noted that the rule is adopted as proposed. a new requirement for affected allows flexibility by requiring that a Required inspection personnel. commuters. certificate holder shall relieve each Sections 121.371 and 135.429 contain Comments: AACA states that most person performing maintenance or similar requirements for inspection Alaskan certificate holders utilize mixed preventive maintenance from duty for at personnel, including provisions for fleets ranging from under 9 passenger least 24 consecutive hours during any 7 specific qualifications for and seats, 10–19 seats, and more than 20 consecutive days, ‘‘or the equivalent supervision of an inspection unit. seats. These carriers frequently employ thereof within any calendar month.’’ Included is a requirement for listing maintenance personnel who are The final rule is adopted as proposed. names and appropriate information of qualified to work on all the aircraft in Certificate Requirements. Sections persons who have been trained, a particular certificate holder’s fleet, 121.378 and 135.435 contain identical qualified, and authorized to conduct regardless of the aircraft’s seating requirements specifying that each required inspections. This requirement capacity. If the rule is adopted as person, other than a repair station ensures that competent and properly proposed, these certificate holders will certificated under the provisions of trained inspection personnel are have to schedule maintenance subpart C of part 145, who is directly in authorized to perform the required personnel according to part 121 charge of maintenance, preventive inspections. In Notice 95–5, the FAA standards to avoid inadvertently maintenance, or alterations, and each required affected commuters to comply violating the maintenance personnel person performing required inspections, with part 121. No comments were duty time limitations. At locations with hold an appropriate airman certificate. received on this issue and the final rule limited maintenance personnel and The FAA proposed that affected is adopted as proposed. mixed fleets of 1-to-9, and 10-to-29 seat commuters comply with part 121. No Continuing analysis and surveillance. aircraft, this new requirement would comments were received on this issue Section 121.373 on continuing analysis place an additional administrative and the final rule is adopted as and surveillance is almost identical to scheduling burden and financial proposed. the provisions of § 135.431. The FAA compliance cost on the air carrier. Authority to perform and approve proposed that affected commuters Alternatively, an air carrier might have maintenance, preventative comply with § 121.373. Section 121.373 to develop and apply two separate work maintenance, and alterations. Sections provides for: the establishment by the schedules for mechanics, one for part 121.379 and 135.437 contain similar certificate holder of a system to 121 mechanics and aircraft and another requirements allowing certificate continually analyze the performance for part 135 mechanics and aircraft. holders to perform or make and effectiveness of the programs AACA states that the FAA’s economic arrangements with other persons to covering maintenance, preventive analysis failed to address any cost perform maintenance, preventive maintenance, and alterations; the impacts of this requirement. AACA also maintenance, and alterations as correction of any deficiencies in those asks for guidance for those operators provided in its continuous programs; and the requirement by the who employ maintenance personnel airworthiness maintenance program and 65874 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations its manual. In addition, a certificate The part 135 certificate holders movement on the surface. The FAA holder may perform these functions for moving to part 121 will have no impact proposed that affected commuters another certificate holder. The rules from this rule, since they are already comply with part 121. On this issue, no require that all major repairs and tracking airframe, engine, and propeller comments were received and the final alterations must have been time under § 135.439(a)(2)(i). rule is adopted as proposed. accomplished with data approved by The airframe, engine, and propeller Flight attendants or other qualified the Administrator. The FAA proposed information is helpful in tracking personnel at the gate. The FAA that affected commuters comply with airworthiness directive compliance and proposed that all airplanes being part 121. No comments were received life limits for life-limited parts. It also operated by affected commuters be on this issue and the final rule is standardizes language between part 135 required to comply with current adopted as proposed. and part 121. The FAA believes that at § 121.391(e); that is, they must have a Maintenance recording requirements. least some of the current part 121 flight attendant or substitute (such as a Section 121.380 provides for the certificate holders have the information flight crewmember or trained gate agent) preparation, maintenance, and retention in existing required records in order to on board when the airplane is parked at of certain records using the system show compliance with life-limited the gate and passengers are on board. specified in the certificate holder’s components. However, the FAA has The substitutes must be given training manual. The rule also specifies the decided to allow current part 121 in the emergency evacuation procedures length of time that the records must be operators some time to come into for that airplane as required by retained and requires that the records be compliance with the requirements for § 121.417 and they must be identified to transferred with the airplane at the time recording total time for engines and the passengers. If there is only one flight it is sold. A small change was proposed propellers. The final rule for § 121.380 attendant or other qualified person on to § 121.380(a)(2) to accommodate has been revised accordingly. board the airplane, that person must be propeller-driven airplanes used by some Transfer of maintenance records. located in accordance with the affected commuters and to Section 121.380a requires the certificate certificate holder’s FAA-approved § 121.380(a)(2)(v) to adopt the language holder to transfer certain maintenance operating procedures. found in § 135.439(a)(2)(v) to provide records to the purchaser at the time of As a result of the proposed rule, the sale, either in plain language form § 121.391(e) applies in the future to more complete records on airworthiness or in coded form. This section is worded some operations that do not require directive compliance. the same as § 135.441 except that the flight attendants. Therefore, the FAA Comments: Zantop International part 121 provision allows the purchaser proposed to move § 121.391(e) to a new Airlines, Inc. (a current part 121 to select the format of the transferred separate section, proposed § 121.393, to certificate holder) objects to the records. Notice 95–5 specified that highlight the crewmember requirements proposed change to § 121.380(a)(2)(i) affected commuters comply with part that apply when an airplane is on the that would add engine and propeller 121. No comments were received on this ground and passengers remain on board total time in service to the list of items issue and the final rule is adopted as before continuing to another that must be recorded. Zantop says that proposed. destination. the engine and propeller requirement is Comments: AACA opposes the new for them and that the aircraft VI.A.9. Subpart M—Airman and requirement for flight attendants at the (airframe) total hours in service is the Crewmember Requirements gate. The commenter states that it would only time transferred on many of its Flight attendant complement. Section be impossible for one of the two older aircraft. The new requirement 121.391 requires one flight attendant for crewmembers on the 10-to-19 seat would result in searching maintenance airplanes having a seating capacity of airplanes to stay on board with records to determine the historical time more than 9 but less than 51 passengers. passengers while parked at the gate. on the engine and propeller. In some Section 135.107 requires one flight Both crewmembers would be needed to cases this information may not be attendant for airplanes having a assist in the loading and unloading available. Zantop recommends that an passenger seating configuration, process. Furthermore, the commenter exemption be provided for older aircraft excluding any pilot seat, of more than states that deplaning passengers would or that these records only be required 19 passengers. The FAA retained the not be a viable option because airports for future certifications. requirement for a flight attendant for do not have the proper facilities. Most FAA Response: Although current more than 9 passengers for current part airplanes are not met by a gate agent in § 121.380(a)(2)(i) does not specifically 121 airplanes and proposed to amend rural Alaska airports, and airplanes do call for total time in-service records of the section to require a flight attendant not pull up to a terminal. Therefore, the engines or propellers, it does require a for affected commuters only in airplanes commenter states that a trained record of life-limited parts for these with more than 19 passenger seats. No substitute would have to stay on board components. The only way to comments were received on this issue the airplane with the passengers while accomplish this is by keeping records and the final rule is adopted as parked at the gate 100% of the time. The for total time in service. Total time in proposed. commenter states that the FAA has service records may consist of aircraft Flight attendants being seated during underestimated the training costs and maintenance record pages, separate movement on the surface. Section wage costs for the option of using a component cards or pages, a computer 121.391(d) states that during movement substitute. The commenter estimates list, or other methods as described in on the surface, flight attendants must that this requirement would cost about the applicant’s manual. remain at their duty stations with safety $2.9 million (costs not broken down) Tracing a life-limited part back to its belts and shoulder harnesses fastened each year for all of the Alaskan origin would be required only in those except to perform duties related to the commuter air carriers to comply. situations where the certificate holder’s safety of the airplane and its occupants. FAA Response: While many of the records are so incomplete that an Part 135 has a similar provision in affected airplanes are operated accurate determination of the time § 135.128(a), except that it does not seasonally and do not fly in the winter, elapsed on the life-limited part could specify that flight attendants may be some operate during extreme weather not be made. performing safety duties during conditions into airports that do not have Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65875 terminals to use for deplaning. To the cover training, Notice 95–5 probably (turbojets) on which windshear extent possible the FAA would like a would not have been proposed if equipment is required by § 121.358. flight attendant or pilot on board training were more effective. Subpart O, Crewmember whenever passengers are on board. Air Vegas comments that all Qualifications. Because of the separate Since the affected 10- to 19-passenger- additional flight training would have to rulemaking previously discussed, the seat airplanes do not require a flight be done in the aircraft because there is FAA did not propose any changes to attendant, it would be inconsistent to no Beech 99 simulator in existence. This subpart O except for the removal of an would increase the hours for initial and require one only during ground obsolete section (§ 121.435). transition training and nearly double operations. However, each of the Nonetheless, a number of comments training costs. affected commuter airplanes require two were received. pilots for their operations. One can stay Fairchild Aircraft says that, under on board while the other does any §§ 121.424 and 121.427 as well as part Comments: RAA, ASA, Gulfstream, necessary work off the airplane. Other 121 Appendix E, windshear training United Express, Big Sky Airlines, and options are to deplane the passengers or must be performed in a simulator and an individual oppose the requirement use a trained substitute. that such simulators are not likely to be that currently qualified first officers The FAA recognizes that part 121 was available to many commuter airline performing the duties of second in written with the expectation that flight operators. This commenter adds that command obtain initial operating attendants would be available and that there is no evidence that the part 135 experience (IOE) under § 121.434. pilots would not be loading baggage or windshear program is inadequate. However, these commenters do support performing other duties outside the Fairchild Aircraft recommends that an IOE requirement for newly airplane. Therefore, the FAA is revising §§ 121.424 and 121.427, as well as designated first officers and new hires. § 121.393 for airplanes for which a flight Appendix E, be amended to provide United Express recommends that air attendant is not required to allow a relief from windshear simulator training carrier proving runs be used for crewmember or qualified person to be for certificate holders of turbopropeller operations evaluation and that if, during on board or near the airplane. If the airplanes with 30 or fewer passenger the proving runs, an airline does not crewmember or qualified person is not seats. An individual commenter meet performance criteria, operations on board the crewmember or qualified recommends that low-altitude should terminate until a satisfactory fix person must be near the airplane and in windshear training be made a part of is established. a position to adequately monitor both ground and flight (simulator) American Eagle supports IOE training under part 135. This passenger safety. Airplane engines must requirements for all first officers and commenter says that, currently, be shut down and at least one floor level believes that the additional costs commuter aircraft are not equipped to exit must remain open to provide for the associated with such a requirement are receive advance warning of low-level deplaning of passengers. This worth it to ensure that these pilots are windshear and that training would help amendment is consistent with current fully qualified. FAA policy for refueling with pilots to better deal with such passengers on board. The FAA has occurrences. ALPA proposes that RAA, ASA, and Gulfstream believe determined that this option is § 121.400(b) be amended by adding a that a basis and criteria for functionally equivalent to having a group specific to propeller-driven ‘‘grandfathering’’ these current and qualified person on board since these aircraft with a seating capacity between qualified seconds in command can be airplanes are small enough to monitor 10 and 30 seats. This will ensure that the training records of each of these passenger compartments from outside personnel, particularly dispatchers and airmen as well as the flight records the airplane. meteorologists, understand and documenting their experience as first appreciate the working environment of officers. VI.A.10. Subparts N and O—Training these aircraft, including the facilities An individual commenter says that a Program and Crewmember and capabilities associated with precedent for grandfathering these pilots Qualifications weather, airports, maintenance, and is the ‘‘N & O’’ exemptions held by Subpart N, Training. As the logistics, etc. certain 135 certificate holders which discussion earlier in this preamble An individual commenter supports allows training under part 121 but does points out, the issue of training has been increased commuter training for several not require repetition of unique part 121 the subject of separate rulemaking. reasons: Most accidents are related to IOE for crews which have been However, several comments were human (not equipment) error, there is a conducting scheduled operations under received on training requirements. need for more simulator training among part 135. Comments: AIA states that Notice 95– commuters, and part 135 aircrews must Fairchild Aviation recommends that 5 is virtually silent on training; deal with a high number of regional § 121.437(a) be amended to recognize however, this is an important part of the landings and takeoffs as well as varied the fact that not all 10–19 passenger total picture. AIA states that the weather conditions. separate initiative on training should be Jetstream Aircraft Limited and airplanes are large airplanes. This reviewed in conjunction with this American Eagle support the proposed commenter says that this section should NPRM. rulemaking to strengthen part 135 be changed to read, ‘‘* * * and, if Raytheon echoes AIA’s comments on crewmember training. required, an appropriate type rating for training, and adds that successful FAA Response: The comments on that aircraft.’’ implementation of the training actions appropriate training requirements, FAA Response: The comments on would be expected to have a dramatic while generally supportive of the FAA’s appropriate crewmember qualification impact on future accident statistics. goals in this rulemaking, are actually requirements are actually more relevant Training should be the principal focus more relevant to the separate to the separate rulemakings addressed for safety improvement together with rulemaking addressed in Section III.E, in Section III.E, Recent FAA Actions. future programs for safety system Related FAA Action. The windshear The concerns raised by these monitoring. Raytheon also states that simulator training requirements only commenters have been considered in while NPRM 95–5 was not intended to affect turbine powered airplanes those rulemaking actions. 65876 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

VI.A.11. Subpart P—Aircraft Dispatcher includes instructions on location of Oxygen for medical use by Qualifications and Duty Time survival equipment, normal and passengers. Section 121.574 provides Limitations: Domestic and Flag emergency use of oxygen equipment for that a certificate holder may allow a Operations flights above 12,000 MSL, location and passenger to carry and operate Requirements for dispatch systems operation of fire extinguishers, and equipment for dispensing oxygen if, among other requirements, the and aircraft dispatcher qualifications are placement of seat backs in an upright equipment is furnished by the certificate discussed in Section V.F., Dispatch position for takeoffs and landings. The holder. The proposal would require system. FAA proposed that the affected commuters otherwise comply with the affected certificate holders to comply VI.A.12. Subparts Q, R, and S—Flight part 121 rules on passenger information. with § 121.574. Time Limitations and Rest The printed cards would need to be Under current § 135.91, the certificate Requirements: Domestic, Flag, and revised or supplemented to provide holder may allow a passenger to carry Supplemental Operations information on flotation cushions or and operate equipment for dispensing oxygen provided certain requirements Requirements for flight time limits other required flotation devices once are met. Section 135.91(d) contains a and rest requirements are discussed in these devices are installed. provision for permitting a Section V.D., Flight time limits and rest A small change was proposed for noncomplying oxygen bottle provided requirements. § 121.571(a)(3) to allow a flight crewmember (instead of a flight by medical emergency service personnel VI.A.13. Subpart T—Flight Operations attendant) to provide an individual to be carried on board the airplane under certain circumstances; this Operational control. Sections 121.533 briefing of a person who may need provision was not proposed to be and 121.535 require each domestic and assistance in the event of an emergency, carried forward into part 121. flag operation to be responsible for in cases where an airplane does not have a flight attendant. Comments: AACA states that many operational control and specify the medevac operations take place on board Comments: AACA disagrees with the responsibilities for aircraft dispatchers scheduled and on-demand flights. FAA’s cost estimate for the required and pilots for each flight release. No Without aviation oxygen available at passenger information cards and comments were received on these village health clinics, the flexibility of briefings. The commenter states that the sections and the final rule is adopted as § 135.91(d) would be lost if it is not FAA’s cost estimate appears to be low. proposed; however, related comments carried forward into part 121. AACA Alaskan air carriers would need to on dispatch system requirements are recommends allowing a noncomplying devise a more comprehensive discussed in Section V.F., Dispatch oxygen bottle on aircraft operating information system due to the many system. solely within the State of Alaska. To nationalities and native languages in Admission to flight deck. Section prohibit this will mean medevac costs 121.547 specifies who may be admitted Alaska. Many local passengers are not will increase and patient transports will to the flight deck of a passenger-carrying native speakers of English or are not have to be done on board charter flights airplane. The part 121 section is similar fluent in its comprehension. Briefing that can originate from a hub point to § 135.75 but provides for additional cards must be painstakingly translated where medical oxygen and stretcher types of persons who may be admitted. into many Alaskan Native languages at units can be installed on the airplane. FAA proposed that affected commuters great expense. Some air carriers have FAA Response: The FAA does not comply with part 121. No comments also had to translate into Japanese, find it necessary to move the language were received concerning this section Korean, and Russian for tourists from of § 135.91 to § 121.574. The FAA has and the final rule is adopted as the Pacific Rim nations. Based on issued exemptions on this requirement proposed. experience, the commenter states that to part 121 certificate holders operating Flying equipment. Section 121.549(b) the FAA’s assumption of a 3-year life in Alaska. requires that each crewmember shall, on expectancy for information cards is high Alcoholic beverages. Sections 121.575 each flight, have readily available for his and that information cards normally last and 135.121 contain requirements or her use, a flashlight that is in good less than a year due to wear and theft. controlling the serving and working order. This is a new The commenter also estimates costs of consumption of alcoholic beverages on requirement for 10- to 30-passenger seat $26,000 for Alaskan commuter air the airplane. The requirements are airplanes for co-pilots that was not carriers in the first year and $4,224 each similar except for three minor specifically discussed in Notice No. 95– year thereafter to meet the requirement. additional requirements in § 121.575. 5. No comments were received and the FAA Response: While the FAA The FAA proposed that affected final rule remains as proposed. recognizes the benefits of translating commuters comply with the Emergency procedures. Parts 121 and passenger information on briefing requirements of § 121.575 and since no 135 require that, when the certificate information, this has never been a comments were received on this issue, holder or PIC knows of conditions that requirement but an option undertaken the final rule is adopted as proposed. are a hazard to safe operations, the by the operator to improve service and Retention of items of mass. Section operation must be restricted or safety. 121.576 requires that certificate holders suspended until the hazardous The 3-year life expectancy of briefing must provide and use a means to conditions are corrected. For a cards is based on past experience. There prevent each item of galley equipment discussion of this issue, see ‘‘Emergency is nothing unique to Alaska that would and each serving cart, when not in use, Operations (Proposed §§ 119.57 and warrant a deteriorated state sooner than and each item of crew baggage, which 119.58)’’ later in this preamble. within 3 years. is carried in the crew or passenger Briefing passengers before takeoff. Part 135 10- to 19-seat airplane compartment, from becoming a hazard. The FAA proposed to amend briefing card requirements are being Section 121.577 prohibits a certificate § 121.571(a) to bring over from § 135.117 incorporated into part 121. New cards holder from moving an airplane on the requirements for additional passenger need not be revised immediately and surface or taking off unless such items information for airplanes with no flight normal wear cycles prevail so that this are secure. Sections 135.87 and 135.122 attendant. This additional information rule would not impose additional costs. require certificate holders to ensure that Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65877 such items are secure before takeoff. The changes regarding the use of the operational and interior configuration FAA proposed that the affected autopilot. limitations.’’ commuters comply with § 121.577, The above mentioned proposal The FAA anticipates that affected which is substantively the same as includes the recommendations of the commuters will establish procedures in § 135.122. No comments were received Aviation Rulemaking Advisory accordance with § 121.586. These on this issue and the final rule is Committee (ARAC). The FAA has procedures must be developed in adopted as proposed. proposed in that rulemaking that accordance with § 382.21. Since Cabin ozone concentration. Section instead of the 500 ft. minimum stated in operators under parts 121 and 135 are 121.578 sets maximum levels of ozone the regulations, the autopilot could be already in compliance with § 382.21, concentration inside the cabins of engaged at whatever the airplane flight this rulemaking poses no new transport category airplanes operating manual says it is capable of (200 ft., 100 requirements other than establishing above 27,000 feet. The affected ft., etc.). Comments were favorable. If procedures for the carriage of passengers commuters do not generally operate at adopted, the results of that separate rule who may need special assistance in an these altitudes. The FAA believes that will apply to the affected commuters. emergency. these rules should apply whenever the Observer’s seat. Section 121.581 Carry-on baggage: The FAA proposed altitudes are exceeded. The FAA requires a certificate holder to make that the affected commuters comply proposed to amend § 121.578(b) to available a seat on the flight deck of with the § 121.589 carry-on baggage delete the reference to transport each airplane for use by the rule. This would require the preparation category airplanes. Administrator while conducting routine and approval of a carry-on baggage Comments: Commuter Air inspections. Comparable § 135.75 program. Comments: Commuter Air Technology states that it does not requires, for inspections, a forward Technology states that its aircraft have operate above 25,000 feet. The observer’s seat on the flight deck or a no carry-on baggage storage other than commenter asks if operation in part 135 forward passenger seat with headset or for a standard briefcase under the seat. now requires ozone monitors and if part speaker. Because airplanes in the 10- to According to the commenter, carry-on 91 flights of 10 or more passengers 30-seat range may not have an baggage is removed from passengers and operated above 27,000 require ozone observer’s seat on the flight deck, the placed in the pod upon entry. The monitors. FAA proposed to move the option of interior is also placarded to require FAA Response: For operations at or providing a forward passenger seat into adequate securing of any interior cargo. below 27,000 feet the ozone part 121 and require compliance with AACA is concerned about the cost of a requirements do not apply. The answer part 121 for affected commuter baggage scanning program. to both questions of the commenter is operators. No comments were received FAA Response: Even if the aircraft no. Part 91 and part 135 do not have regarding this issue and the final rule is allows only limited carry-on baggage, ozone provisions. The final rule is the adopted as proposed. the certificate holder must still have a same as proposed. Authority to refuse transportation. carry-on baggage program that complies Minimum altitudes for use of Section 121.586 prohibits a certificate with § 121.589. Interior cargo must be autopilot. Sections 121.579 and 135.93 holder from refusing transportation to a secured in accordance with § 121.285. establish minimum altitudes for use of passenger on the basis that the (See discussion of § 121.285, Carriage of autopilots. The two sections are similar; passenger will need the assistance of cargo in passenger compartments in this however, part 135 does not specify another person to move quickly to an notice.) The final rule revises references weather requirements for an approach. exit in the event of an emergency unless in accordance with other changes in this In a recent NPRM proposing to revise the certificate holder has established rulemaking. Although affected operators the minimum altitude for use of an procedures for the carriage of such must develop a program for their autopilot (59 FR 63868, December 9, passengers and the passenger either fails approved manuals, compliance will not 1994), which is under consideration, the to comply or cannot be carried in result in any significant substantive minimum altitude for autopilot use accordance with the procedures. operational burden. corresponds to that designated in the Comments: Commuter Air Use of certificated airports. For a type design of the autopilot and stated Technology states that their aircraft has discussion of the issue of airports in the Airplane Flight Manual (AFM). If no place for a wheelchair and that the certificated under part 139, see Section the rule is adopted as proposed, the seat opposite the main cabin door has V.H., Airports. AFM would establish guidance that increased pitch which normally would be edited and approved in the air accommodates individuals with VI.A.14. Subpart U—Dispatching and carrier’s operations specifications. movement restrictions. Flight Release Rules Comments: Commuter Air FAA Response: In response to the Flight release authority. Section Technology comments that it has specific comment, if a certificate holder 121.597, which applies to supplemental aircraft without autopilots and has no room on board an airplane to operations, requires a flight release questions how the rule would affect handle a wheelchair as carry-on signed by the pilot in command when those aircraft. baggage, the wheelchair may be checked the pilot and the person authorized by AACA states that an NPRM published as cargo baggage. the certificate holder to exercise on December 9, 1994, will require the The Air Carrier Access Act is operational control believe that the AFM to establish guidance that would implemented in 14 CFR part 382. flight can be made safely. Under part be edited and approved in the affected Aircraft accessibility requirements 135 releases are not required for either air carrier’s operations specifications. found in § 382.21 generally exempt scheduled or on-demand flights. The FAA Response: If the airplane does aircraft operated under part 121 with FAA proposed requiring compliance not have an autopilot, § 121.579 does fewer than 30 passengers and aircraft with part 121. This requirement would not apply. operated under part 135. The rule apply to affected commuter airplanes Section 135.93 is similar to § 121.579; requires that these aircraft comply ‘‘to when those airplanes are used in however, there are differences that the extent not inconsistent with nonscheduled service with a passenger- would necessitate manual and training structural, weight and balance, seating configuration of 10 or more. No 65878 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations comments were received on this issue inoperative cruising speed for the VFR fuel reserve from 30 to 45 minutes and the final rule is adopted as airplane flight manual within 15 is 150 pounds of fuel. That is reducing proposed. months. (See also Section VI.A.4 the capacity of the airplane by one Dispatch or flight release under VFR. Airplane limitations: Type of route for passenger. The commenter is not sure Section 121.611 states that no person discussion of one engine inoperative there would be any safety benefit for may dispatch or release an airplane for data). sightseeing operations. VFR operation unless the ceiling and Operations in icing conditions. No A pilot in Alaska comments that the visibility en route, as indicated by comments were received on this part 135 fuel reserve requirements are available weather reports or forecasts, proposal and the final rule is adopted as adequate and that adding more reserves are and will remain at or above proposed. (See also VI.A.7. Equipment would degrade the already limited applicable VFR minimums until the for operations in icing conditions). payload of many affected aircraft. Two airplane arrives at the airport. Fuel reserves. Sections 121.639, commenters point out that operations Comments: One commenter states that 121.641, 121.643, and 121.645 contain that begin as VFR may end up IFR and VFR is certainly an acceptable standard fuel reserve requirements based on the that a 45-minute reserve provides more for sightseeing operations or for smaller type of operation to be conducted. options, than a 30-minute fuel reserve. carriers. Scenic Air states that airplanes These fuel reserve requirements do not Another individual recommends typically used in the tour business can distinguish between VFR and IFR adopting the 45-minute fuel reserve. only operate day VFR. Grand Canyon operations. Section 121.639 requires 45 While it may be argued that there are a Airways said 99 percent of its flights are minutes of fuel reserve for domestic air greater number of potential alternate VFR. carriers and for certain other air carrier airports within 30 minutes flying time An individual states that the proposal operations. of a destination airport that are capable on § 121.611 concerning VFR dispatch Section 135.209 requires 30 minutes of handling smaller, commuter-type is unclear as to whether part 135 of fuel reserve for day VFR conditions airplanes, some of these potential certificate holders will be required to and 45 minutes for night VFR alternates may not be acceptable from comply. The commenter believes they conditions. Section 135.223 requires 45 the standpoint of having weather should be covered by § 121.611 because minutes for IFR conditions. reporting or aircraft rescue and it is the safe way and costs nothing. The FAA proposed to require affected firefighting capability. Additionally, FAA Response: In the final rule, commuters to comply with the fuel once airborne, fuel time and the 30- affected commuters are required to reserve requirements of part 121. minute reserve (some of which is comply with § 121.611. The FAA will Comments: Fairchild Aircraft unusable) might pressure some crews develop additional operations comments that the FAA failed to take into poor operational situations. A specifications paragraphs and guidance into consideration that § 121.639 standard 45-minute reserve provides for VFR tour operations, remote area requires fuel to fly to an alternate airport more options. operations (e.g. Samoa, Alaska) or other regardless of conditions, and finds that One individual states that commuters operations that are not capable of being the proposed rule would have a can quantify the costs of the additional conducted under IFR because they have detrimental impact economically, with 15 minutes of fuel reserve, which no airways, IFR approaches, navaids, no related gain in safety. Fairchild cannot be significant. The etc. suggests that the FAA adopt § 135.209, standardization and extra fuel safety Alternate airport for departure. which requires a 30-minute reserve for margin should be worth the cost. Section 121.617(a) requires an alternate airplanes with fewer than 31 seats. FAA Response: The FAA recognizes departure airport during certain weather Samoa Air comments that the proposal that there are some operations that conditions and specifies that for aircraft would require a 45-minute reserve for appear not to require a 45-minute fuel having two engines the alternate airport flights that average 30 minutes and is reserve. One of these is the flight that must be not more than one hour from therefore unnecessary. Raytheon adds only takes 30 minutes. The logical the departure airport at normal cruising that its aircraft would have to give up solution would be to carry 30 minutes speed in still air with one engine one of 19 passengers to carry the of reserve fuel so that, at worst, the inoperative. Under the proposed rule, additional fuel. Raytheon argues that airplane could return to its airport of affected commuters would have to smaller airplanes make shorter flights origin. However, in some circumstances, comply with the requirement. This than big airliners, can operate to and such as the sudden occurrence of bad requirement was not specifically from shorter runways, and are closer to weather, returning may not be possible. discussed in the proposed rule. an alternate airport. Therefore, the 10– Therefore, the FAA agrees with Comments: Fairchild Aircraft 19 seat airplane should be exempt from commenters who point out that a 45- comments that this requirement requires this requirement. Commuter Air minute fuel reserve provides more single-engine cruising speed data that Transport comments that all of its options. are unlikely to be included in the FAA- current route analysis is done on a 45- The FAA also acknowledges that for approved airplane flight manual of 10– minute reserve. some airplanes the additional fuel may 19 passenger airplanes. Comparable AACA states that fuel reserve require the loss of a passenger seat and § 135.217 requires an alternate airport requirements for part 121 are 50 percent the FAA recognizes the burden of the ‘‘within 1 hour’s flying time (at normal higher than for operating identical 45-minute reserve. Accordingly, the cruising speed) in still air.’’ The aircraft under part 135. According to FAA is allowing relief in the final rule commenter requests that the part 135 AACA, the large fuel reserves required for those who operate day VFR per wording be inserted in the part 121 for dispatching smaller turboprop operations specifications. However, the section. aircraft under part 121 make those FAA retains the requirement for a 45- FAA Response: Fairchild is correct, aircraft marginally economical to minute reserve whenever on an IFR but the FAA is retaining the operate when faced with competition flight plan, including under VFR requirement and it will be necessary for from piston-powered twins operated conditions. The special rule allows affected commuters to work with under part 135. relief to those who are truly VFR such airplane manufacturers to develop At the Las Vegas public hearing, Twin as air tour operators and certain Alaskan appropriate data for normal one-engine Otter International stated that taking the operations. The relief applies only to Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65879

10–19 passenger seat operators with definition of ‘‘scheduled operation’’ in that C in their current form in parts 121 and airplanes certificated after 1964. These notice, the FAA published a Supplemental 135. NATA similarly contends that ‘‘the smaller airplanes have more flexibility Notice of Proposed Rulemaking (SNPRM) in unknown effects of the requirements in VFR to find a suitable landing airport. 1993 (58 FR 32248; June 8, 1993; Docket No. contained in part 119 are not adequately 25713). In Notice 95–5, the FAA republished This flexibility provides functional the entire text of part 119 for comment considered in Notice 95–5’s cost-benefit equivalency to part 121. because of the length of time since the first analysis.’’ Both of these commenters believe that the new requirements in VI.A.15 Subpart V—Records and NPRM, the number of changes that were part 119 impose unnecessary Reports made to the proposed text, and the significance of the changes to part 119 that administrative burdens for certificate Subpart V prescribes requirements for resulted from the review of commuter holders. the preparation and maintenance of operations. Each section of part 119 that had FAA Response: The FAA disagrees records and reports for all certificate been changed since the previous notices was with the arguments presented by the holders operating under part 121. explained in the preamble to Notice 95–5. commenters. For the most part, Although many of the requirements are The first objective of part 119 is to subchapter C is a recodification of the establish a permanent guide in a new part identical to or similar to the that will enable persons who provide existing part 121 and 135 certification recordkeeping requirements in transportation of people or cargo to requirements for applicants for air §§ 135.63 and 135.65, part 121 requires determine what certification, operations, carrier or operating certificates. In some additional information, including new maintenance, and other regulatory instances, such as wet leases under records and reports. Notice 95–5 requirements they must comply with. A § 119.53, recency of operation under proposed that affected commuters second objective is to set out procedural § 119.63, and management personnel comply with the recordkeeping requirements for the certification process that under §§ 119.65 and 119.67, where requirements of part 121. apply to all certificate holders conducting substantive changes are made, further Comments: Jetstream supports the operations under part 121 or part 135. discussion is contained elsewhere in Part 119 accomplishes the following: application of subpart V to affected (1) Incorporates much of SFAR 38–2 as this preamble. commuter operations. Subparts A and B; Section 119.2—Compliance. The final RAA and ASA point out that (2) Revises certification procedures now in rule contains a new § 119.2 that states § 121.715 on in-flight medical parts 121 and 135 and consolidates them as that certificate holders shall continue to emergency reports is an obsolete Subpart C; comply with SFAR 38–2 until 15 requirement that should be eliminated. (3) Revises wet leasing requirements; months after the publication date of the These commenters also contend that (4) Provides definitions for terms such as final rule or the date on which the § 121.711 on retention of ‘‘direct air carrier’’ and ‘‘kind of operation,’’ certificate holder is issued part 121 and clarifies the requirements for operations operations specifications, whichever communication records would require specifications by adding definitions for terms affected commuters to record each such as ‘‘domestic operation’’ and occurs first. enroute radio contact and keep the ‘‘supplemental operation;’’ Section 119.3—Definitions. Section record for 30 days. According to these (5) Provides a roadmap for certificate 119.3 contains definitions for the five commenters, recent interpretations of holders to lead them to the operating rules kinds of operations conducted under this requirement have caused some in part 121, 125, or 135 that they must parts 121 and 135 (Domestic, Flag, and certificate holders to establish elaborate comply with for the kind of operations that Supplemental in part 121 and recording systems. The commenters they conduct; Commuter and On-demand in part 135). (6) Adds a new requirement for a Director The FAA proposed to move the affected question the need for these records and of Safety; adds management requirements for suggest that the requirement be commuters to part 121 by changing the domestic and flag operations conducted definitions for ‘‘Commuter operations,’’ eliminated if it no longer serves a useful under part 121 consistent with those that purpose. now exist for supplemental operations ‘‘Domestic operations,’’ and ‘‘Flag FAA Response: The FAA agrees with conducted under part 121; and consolidates operations.’’ Comments on these commenters that § 121.715, relating to part 121 and part 135 management definitions as they relate to affected inflight medical emergencies, is obsolete requirements; commuters are discussed earlier in the and it has been deleted in the final rule. (7) Rescinds part 127 and any requirements preamble under ‘‘V.B. Applicability.’’ The commenters are correct that that pertain solely to helicopters in part 121, Other comments on proposed Subparts A through D; and § 121.711 requires certificate holders to definitions are discussed in this section. (8) Throughout part 121, Subparts A General comments on definitions. record each en route radio contact and through D, and part 135, Subpart A, changes keep the record for 30 days. This There were several comments on the various references from CAB requirements to lack of definitions for certain terms in requirement is necessary for all DOT requirements, changes terminology certificate holders and has been retained where needed, and makes incidental editorial the proposed rule, and, in some cases, in the final rule. changes. the lack of distinctions drawn among certain terms. Helicopter Association VI.B. Part 119—Certification: Air Comments on Part 119 International (HAI) cites the lack of a Carriers and Commercial Operators: This section contains a summary and definition for ‘‘common carrier,’’ saying Summary a response to the comments received on that it is hard to understand the Part 119 is a new part that consolidates specific sections of part 119. difference between this and the into one part the certification and operations General Comments on part 119. ‘‘noncommon carrier.’’ One commenter specifications requirements for persons who USAir Express expresses concern over recommends that ‘‘nonscheduled operate under parts 121 and 135. For the the 7-year time lag between when part operations’’ should substitute for ‘‘on- most part, these regulations are currently in 119 was originally introduced and the demand operations’’ and ‘‘supplemental SFAR 38–2, which replaced the certification issuance of Notice 95–5. This operations’’ and that ‘‘scheduled and operations specification requirements in commenter suggests that since many operations’’ should replace the words parts 121 and 135 in response to the Airline Deregulation Act of 1978. changes have occurred in the air ‘‘domestic,’’ ‘‘flag,’’ and ‘‘commuter’’ in Part 119 was originally proposed in 1988 industry and in the FAA, it may be best order to simplify and standardize the (53 FR 39853; October 12, 1988; Docket No. to issue subparts A and B of part 119, regulations. Additionally, whenever the 25713). Based on comments received on the but to leave the requirements in subpart phrase ‘‘flag operations’’ needs to be 65880 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations distinguished, ‘‘scheduled foreign commenter, under this proposed contiguous States of the United States or operations’’ could be used instead. definition, commuter category airplanes the District of Columbia and any point Further, this commenter suggests that will no longer be used in commuter outside the 48 contiguous States or the ‘‘since the term ‘scheduled’ now means operations. The commenter also states District of Columbia (2)(ii). any scheduled flight, there would be no that the proposed definition is Comments: AACA comments that need to define it, as the five round trips inconsistent with the use of the term currently Alaskan operations conducted per week definition has been dropped.’’ ‘‘commuter operator’’ in part 93. The under part 121 are conducted under the FAA Response: The FAA disagrees commenter suggests that a new term be flag rules of part 121. According to the with the comment that ‘‘scheduled’’ and invented for scheduled operations with commenter, a number of Alaska ‘‘nonscheduled’’ should be substituted 9 or fewer passenger seats or rotorcraft. operators currently hold operating for the terms ‘‘domestic,’’ ‘‘flag,’’ FAA Response: As was discussed in authority and operations specifications ‘‘commuter,’’ ‘‘supplemental,’’ and ‘‘on- Notice 95–5 and earlier in this to fly scheduled or charter service to demand.’’ These are five distinct kinds preamble, the term ‘‘commuter’’ is Canada, and to the Commonwealth of of operations that the FAA needs to presently used in several different ways. Independent States (the Russian identify and regulate separately The FAA agrees with the commenter Federation). The commenter states that according to the characteristics of each that the proposed definition does not the rulemaking should clarify what kind of operation and the terms are accommodate all of the different uses of operating rules are to be used for presently used throughout the the term ‘‘commuter.’’ However, operations that previously operated regulations. Also, the ‘‘five round trips operators of aircraft with 9 or fewer solely under flag rules. According to the per week’’ concept has been reinstated passengers do provide frequent service commenter, since most of the flights to for commuter operations with 9 or fewer over short stage lengths and service to the Russian Federation are on-demand, passengers, as discussed in Section V.B., small communities. Therefore, the term the impact of part 119 on these flights Applicability. is appropriate for these operations. The needs to be thoroughly analyzed. ‘‘Common carrier’’ is a term that has FAA acknowledges that this definition FAA Response: Other than minor been discussed in numerous court cases. differs from the definition of ‘‘commuter changes, the proposed definition of ‘‘Non common carriage’’ is being operator’’ in part 93 and from the DOT ‘‘flag operations’’ remains in the final defined in § 119.3. definition. That inconsistency will rule as proposed. Accordingly, ‘‘All-cargo operations’’. Proposed continue. scheduled operations conducted under § 119.3 defines ‘‘all-cargo operation’’ to ‘‘Domestic operation’’. Proposed part 121 between a point in Alaska to a mean any operation for compensation or § 119.3 defines ‘‘domestic operation’’ to point outside of Alaska will be hire that is other than a passenger- mean any scheduled operation in considered flag operations. Scheduled carrying operation. These operations specified airplanes ‘‘between any points operations between a point in Alaska follow the rules for on-demand or within the 48 contiguous States of the and another point in Alaska will be supplemental operations, regardless of United States or the District of considered domestic operations. In fact, whether the all-cargo operation is Columbia’’ (2)(i); ‘‘between any points scheduled operations from one point in conducted on a regular, ‘‘scheduled’’ entirely within any State, territory, or Alaska (or any other state) to the same basis. possession of the United States’’ (2)(ii); point are considered domestic Comments: ALPA proposes that the or ‘‘between any point within the 48 operations. Nonscheduled operations, FAA should discontinue the distinction contiguous States of the United States or whether between points within Alaska between scheduled passenger and the District of Columbia and any or between a point in Alaska and a point scheduled all-cargo operations and specifically authorized point located outside of Alaska, will be considered reserve that distinction for the outside the 48 contiguous States of the supplemental operations or on-demand. nonscheduled all-cargo operation United States or the District of One minor change in the definition because there is little difference Columbia’’ (2)(iii). adds operations between two foreign between the scheduled passenger and The only comment received on this points to the list of locations included scheduled all-cargo operations. proposed definition is the comment on as flag operations. FAA Response: The FAA has its inclusion of a tour operation that ‘‘Maximum payload capacity’’. The considered ALPA’s suggestion; departs from and returns to same point proposed definition for ‘‘maximum however, it is outside the scope of this which is discussed earlier. One change payload capacity’’ is the same as the one rulemaking. However, the definition has in the proposed definition is replacing currently used in SFAR 38–2, except for been slightly modified so that the words ‘‘any required crewmember’’ the allowances for determining the passengers described in §§ 121.583(a) with the words ‘‘each crewmember’’ to standard average weights for and 135.85 can be carried without the be consistent with the treatment of the crewmembers. operation losing its all-cargo status. single-engine Otter airplane as Comments: GAMA comments that the ‘‘Commuter operations’’. The previously discussed. Additionally, the standard oil allowance of 350 pounds proposed definition for ‘‘commuter final rule has been slightly modified to found in the definition of ‘‘maximum operations’’ limits the use of this term include some of the language currently payload capacity’’ should be changed to to scheduled operations in airplanes used in SFAR 38–2. coincide with the type certificated oil having 9 or less passenger seats or in ‘‘Flag operation’’. Proposed § 119.3 value. The commenter points out that any size rotorcraft. defined ‘‘flag operation’’ to mean a the 350 pound value greatly exceeds any Comments: Fairchild Aircraft states scheduled operation conducted in value found among present and future that applying the term ‘‘commuter specified airplanes ‘‘between any point 10–19 passenger commuter airplane operations’’ to operations with 9 or within the State of Alaska or the State designs. Fairchild suggests that the fewer passenger seats or to rotorcraft is of Hawaii or any territory or possession definition refer to ‘‘full oil’’ and that the inappropriate because this use of the of the United States and any point specific 350 pound allowance should be term differs from the generally accepted outside the State of Alaska or the State deleted. RAA states that the definition meaning, i.e. frequent service over short of Hawaii or any territory or possession uses obsolete values for minimum oil stage lengths and service to small of the United States, respectively’’ (2)(i); and fuel and recommends that the FAA communities. According to the or ‘‘between any point within the 48 eliminate the distinction in the Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65881 definition between aircraft with and and record checks. These are all that the means of displaying the name without a maximum zero fuel weight necessary checks that the FAA must must be acceptable to the Administrator. and eliminate specific minimum perform to fulfill its safety oversight Comments: Gulfstream Air, NATA, weights for crewmembers, oil, and fuel. function. RAA, SP Aircraft, and two individuals FAA Response: In response to Section 119.5—Certifications, address the requirement to have the comments on the standard oil Authorizations, and Prohibitions. This certificate holder’s name on the aircraft. allowance, the FAA has revised the section identifies the type of certificate Four recommend that the requirement standard oil allowance in the definition (air carrier or operating) the not apply to on-demand operations. One of ‘‘maximum payload capacity’’ to add: Administrator issues to certificate opposes the requirement because, as an ‘‘or the oil capacity as specified on the holders, depending on the nature of on-demand operator, his customers Type Certificate Data Sheet.’’ The FAA their operations, and specifies certain often do not want the name of an airline did not eliminate specific weights for authorizations and prohibitions appearing on the aircraft, but rather crewmembers, oil, and fuel from the associated with those certificates for prefer to arrive in what is believed to be definition, as requested by commenters, specific types of certificate holders. their corporate aircraft. One commenter because these weights are necessary Comments: A commenter claims that supports the proposal but recommends guidelines for determining maximum the distinction between the air carrier that the name of the certificate holder payload capacity. They are not certificate and the operating certificate should be near to and visible from the operational weight values but are used is ambiguous. He poses two questions: main cabin entry door, not just merely to establish the air operator ‘‘Why would we prohibit a 737, 121 anywhere on the aircraft. Commenters certification and operation requirements certificated, intrastate, common carriage request clarification of ‘‘clearly readable for all-cargo and combination of cargo operator (who presumably would have and visible’’ since this could imply that and passenger aircraft. This definition is an operating certificate) from engaging very large letters must be used. Also, not used in the computation of weight in other common carrier operations?’’ three commenters indicate that the and balance. The second question is ‘‘why would we phrase ‘‘acceptable to the ‘‘On-demand operation’’ and prohibit a part 121 common carriage Administrator’’ needs to be defined. ‘‘Supplemental operation’’. The FAA Response: The purpose of this operator with an air carrier certificate definitions of ‘‘on-demand operation’’ requirement is for the FAA to be able to from providing non-common carriage?’’ and ‘‘supplemental operation’’ were identify, primarily for purposes of ramp FAA Response: An intrastate common rewritten for Notice 95–5 to make it inspections, those who appear to have carrier who wishes to conduct interstate clearer which operations fall into these operational control of the airplane. categories. The proposed definitions did operations must first obtain economic Some carriers use names for their not change significantly from current authority to conduct those operations businesses other than their corporate rules or from the original 1988 NPRM, from the Department of Transportation. name. These are often called ‘‘doing- except for one important difference. Once that authority is granted, the FAA business-as’’ or ‘‘DBA’’ names. All of a Notice 95–5 does not change the basic would issue an air carrier certificate to certificate holder’s DBA names must be dividing line between on-demand and that operator if the FAA concluded that listed in its operations specifications. A supplemental operations. A the operator could safely conduct those certificate holder may also paint a DBA configuration of more than 30 passenger operations. In regard to the distinction name on the outside of the aircraft. seats or a payload capacity of more than between common carriage and However, in order to be in compliance 7,500 pounds is a supplemental noncommon carriage, the essential with this section, the certificate holder’s operation, while a configuration of 30 or difference is the presence or absence of name must also appear on the outside less passenger seats and a payload of a holding out. The FAA believes that an of the aircraft. capacity of 7,500 pounds or less is an operator engaged in common carriage Because this regulation applies to on-demand operation. However, if a (holding out) cannot unequivocally airplanes ranging in size from a small specific airplane with a passenger- claim that it can engage in a reciprocating-engine-powered airplane seating configuration of 10 to 30 seats is noncommon carriage operation that to a Boeing 747, it is not practical for the used in domestic or flag operations as a would not have benefited from the FAA to define the size letters that would result of this rule, any nonscheduled holding out activities of the common be required. Any means of identification operation conducted with that airplane carriage operation. which satisfies this requirement is must be conducted under the part 121 Section 119.7—Operations acceptable, including signs temporarily supplemental rules, instead of under the Specifications. In § 119.7 the FAA affixed in windows or on the door or on-demand rules of part 135. proposed identifying items that must be fuselage of the airplane. Comments: Fairchild Aircraft suggests contained in each certificate holder’s The term ‘‘acceptable to the that airplanes’ switching between operations specifications. No comments Administrator’’ is interpreted to mean regulatory parts should not be difficult were received on this issue and the final acceptable to an authorized and asks that the FAA eliminate all rule is adopted as proposed. representative of the Administrator. In unnecessarily burdensome conformity, Section 119.9—Use of Business this case, a certificate holder’s principal equipment, and record checks. Names. In this section, the FAA inspector would determine if the means FAA Response: This requirement is proposed to prohibit certificate holders of displaying the name is acceptable, necessary because an airplane must be that operate airplanes under part 121 or based on written guidance from FAA listed in a certificate holder’s operations 135 from using a business name other Headquarters. The final rule is the same specifications as either a part 121 or a than the name appearing in a certificate as proposed. part 135 airplane; it cannot be switched holder’s operations specifications. The Section 119.21—Direct air carriers back and forth between parts without a FAA proposed that the name of the and commercial operators engaged in major investment of time and resources certificate holder conducting the intrastate common carriage with by both the certificate holder and the operation must be displayed on the airplanes. Section 119.21 contains the FAA. Switching between parts entails airplane and clearly visible and readable regulatory roadmap that requires many things, including airplane to a person standing on the ground at domestic, flag, and supplemental conformity checks, equipment checks, any time except during flight time, and operations to be conducted under part 65882 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

121 and commuter and on-demand level of safety for rotorcraft operators undergone fitness review by the operations to be conducted under part than part 127. Department of Transportation. The FAA 135. Section 119.21(a)(3) states that the Comments: HAI opposes removing believes that these requirements are Administrator may authorize or require part 127 at this time. HAI supports a crucial to ensuring safety by providing that (1) Certain certificate holders review and update of this part in the a check of financial, management, and conducting supplemental operations future, but states that to simply remove other information about of the certificate between airports that are also served by this part now would be to allow the holder and his or her ability to conduct the air carrier’s domestic or flag certificate-issuing district office safe operations. operations, conduct those operations unlimited discretionary powers in the Comments: NATA expresses concern under the domestic or flag rules; and (2) design of appropriate operations about the utility of requiring detailed certain all-cargo operations that specifications. financial reporting, because safety regularly and frequently serve the same FAA Response: Part 127 is not a problems are ‘‘more appropriately two airports may be required to be current part because SFAR 38–2 discovered through operational conducted under the domestic or flag directed all rotorcraft operators to inspections’’ than through financial rules. conduct their operations under part 135. data. SP Aircraft comments that Comments: The National Air Carrier Appropriate operations specifications requiring detailed financial reporting Association (NACA) recommends for each certificate holder operating seems excessive for small craft operators deleting ‘‘or require’’ in the second either airplanes or any size rotorcraft are of on demand service since this sentence of proposed § 119.21(a)(3). The developed by FAA Headquarters. The requirement has not been proposed language goes far beyond the current standard paragraphs are completely before now, and no explanation was language of SFAR 38–2.4(a)(3) or part designed by Headquarters, while provided for it in Notice 95–5. This 121 in its application to supplemental nonstandard paragraphs are reviewed commenter shares the concern that the passenger operations conducted and concurred on by Headquarters. reporting of financial records would in ‘‘between points that are also served by Therefore, the certificate-holding no way enhance the safety of operations the certificate holder’s domestic or flag district office does not have unlimited that the FAA claims this proposal operations.’’ The preamble does not discretionary powers. serves. Additionally, the commenter Section 119.33—General provide sufficient explanation or criticizes the requirement for insurance requirements. In § 119.33 the FAA justification to require the application of in that requiring the applicant to have proposed that applicants for certificates domestic or flag operating requirements insurance prior to submitting the be required to conduct the proving tests application is an unnecessary burden to supplemental passenger operations required for certification under the that are operated over routes where an due to the uncertain time span before appropriate requirements of part 121 or application and review is complete. operator also has domestic or flag part 135. The purpose of the tests is to operations. There are sufficient Thus, it recommends requiring that demonstrate (as one of the last steps in insurance should be in place before economic and operational safeguards the certification process) that the operations begin. already in place to preclude abuse. applicant is qualified and eligible to Fairchild Aircraft comments that NACA believes that what ‘‘may be receive a certificate. The change permits § 119.35 fails to define the requirements required’’ will quickly become ‘‘what is applicants to complete the certification for submitting detailed financial data, required,’’ with the FAA unilaterally process without having to obtain either and recommends that the FAA establish imposing the requirement to operate a deviation or certification to conduct the minimum qualifications that must certain nonscheduled passenger operations under part 125. The FAA be met under part 119, subpart C. operations under domestic or flag rules. also proposed to amend §§ 121.163, FAA Response: The financial There is no safety or accident history to 125.1, and 135.145 to make the proving reporting requirements in § 119.35(c) justify more restrictive regulations. test requirements consistent in those through (h) apply only to persons who NACA concurs that frequency of service parts. No comments were received on are not air carriers, commonly called between a pair of points should not be these § 119.33 issues and the final rule ‘‘commercial operators,’’ and who are the criterion for determining which is adopted as proposed. applying for authority to engage in rules apply. Section 119.35—Certificate intrastate common carriage but have not FAA Response: The FAA concurs application. This section requires a undergone a fitness review by the with the comments from NACA on the certificate applicant to submit the Department of Transportation. The rule wording of the rule and the words ‘‘or application 90 days prior to the language has been updated to make it require’’ have been removed in the final intended date of operation instead of the consistent with new definitions and rule. current standard of 60 days. This length certification requirements applicable to Section 119.25—Rotorcraft of time accounts for the actual amount these operators. For persons applying operations. Section 119.25 directs that of time required by the FAA to properly for authority to conduct intrastate all rotorcraft operations be conducted process applications and to allow for common carriage operations under part under part 135 regardless of the size or agency documentation in the formal 135 these would be new requirements, seating capacity of the rotorcraft. review period. as commenters point out. The FAA However, external-load operators and Paragraphs (c) through (h) of this believes these requirements are agricultural aircraft operators must section are a recodification of §§ 121.47, necessary because financial information, comply with part 133 or part 137 of the 121.48, and 121.49, which deal management information, and FAR, respectively. generally with the disclosure of information concerning who controls Notice 95–5 proposed to rescind part financial information and of people/ the certificate holder can reveal 127 because rotorcraft operators that entities that would control the new potential shortcomings on the previously operated under part 127 are certificate holder, applicable only to two applicant’s ability to conduct a safe directed in § 119.25 to conduct those categories of carriers: those who are not operation. The requirement for operations under part 135. Part 135 has air carriers and those applying for insurance information in § 119.35(h)(7) been more recently updated and, authority to engage in intrastate provides that the applicant report the therefore, provides a more appropriate common carriage but have not period of coverage, not that it be in Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65883 effect before the application is issue and the final rule is adopted as suspends the effectiveness of the submitted. Therefore the date that proposed. amendment. insurance coverage begins can be Section 119.49 adds the requirement Comments: USAIR Express, RAA, coordinated with the estimated date that that operations specifications contain a Mesa, ASA address the required lead operations begin. In order to make it reference to the economic authority times proposed for making either clear that § 119.35 (c) through (h) apply issued by the OST. The economic desired or directed changes to only to applicants who are commercial authority issued by the OST is not a operations specifications. Commenters operators, the final rule includes cross new requirement; the FAA proposed state that the proposed requirements to references within paragraphs (c) through this reference to clarify that the file an air carrier-desired operations (h), and paragraphs (g) and (h) have requirement still exists. No comments specifications change 90 days before the been switched. were received on this issue and the final effective date is excessive. Additionally, Section 119.41—Amending a rule is adopted as proposed. the requirement to respond to changes certificate. FAA proposed new Section 119.49 also requires a in operations specifications within 7 procedures for making changes to the certificate holder conducting domestic, days when directed by the operating certificate. These procedures, flag, or commuter operations to obtain Administrator and complete modeled after 49 U.S.C. Section 44709 operations specifications that list each implementation within 30 days is and similar to the procedures used to type of aircraft authorized for use and unreasonable. amend operations specifications, would each aircraft’s registration markings and An individual, ASA, and RAA standardize the amendment process. serial number. Under part 121, the indicate that the proposed language in Applications for amendments to requirement to list registration markings § 119.51(d) would not permit the certificates would have to be submitted is not required for domestic, flag, or continuation of the practice of staying 15 days in advance of the time the commuter operations. The FAA the effectiveness of an amendment operator wants the amendments to be proposed this requirement in the when an air carrier submits a petition for reconsideration. The commenters effective, unless the Administrator interest of consistency and to facilitate recommend that the petition for approves a shorter period when FAA enforcement and surveillance reconsideration stay the effective date of circumstances warrant. No comments functions. No comments were received an amendment pending the final review were received on this issue and the final on this issue and the final rule is of the petition. rule is adopted as proposed. adopted as proposed. FAA Response: In response to Section 119.47—Maintaining a Section 119.51—Amending comments that a request to change principal base of operations, main Operations Specifications. Under operations specifications must be filed operations base, and main maintenance § 119.51 applications for amendments to 90 days in advance of the desired base; change of address. Section 119.47 operations specifications would have to effective date, the FAA will add ‘‘unless requires that a certificate holder be submitted 15 days in advance for a shorter time is approved’’ to maintain a principal base of operations minor or routine amendments; however § 119.51(c)(1)(i) so as not to imply that and allows the certificate holder to the FAA proposed to require that a carrier must allow the full 90 days. establish a main operation and main certificate holders file applications to The rest of paragraph (c) reflects current maintenance base. Written notification amend operations specifications at least part 121 and part 135 language and is must be provided to the certificate- 90 days before the date proposed by the adopted as proposed. holding district office before applicant for the amendment to become Since § 119.51(d)(3) clearly states that, establishing or relocating a principal effective in cases of mergers; acquisition if a petition for reconsideration is filed base of operation, a main operations or airline operational assets that require within 30 days and if no emergency base, or a main maintenance base. The an additional showing of safety (e.g., situation exists, the effectiveness of an proposed terminology clarified that the proving tests); changes in the kind of amendment to operations specifications FAA needs to know the location of the operation as defined in § 119.3; issued by the certificate-holding district primary point of contact between the resumption of operations following a office is stayed pending final review of FAA and the certificate holder. suspension of operations as a result of the petition. The procedures for Certificate holders would no longer be bankruptcy actions; or the initial emergency situations, spelled out in required to report changes of address for introduction of aircraft not before paragraph (e), are not substantially business offices. No comments were proven for use in air carrier or different than currently found in received on this issue and the final rule commercial operator operations. It has §§ 121.79 and 135.17. Therefore there is adopted as proposed. been the FAA’s experience that these will be no changes to current Section 119.49—Contents of types of major changes do take at least procedures as a result of new § 119.51 operations specifications. Section 90 days for the agency to determine that, (d) and (e). 119.49 requires that each certificate as a result of the change, the applicant Section 119.53—Wet leasing of holder obtain operations specifications is properly and adequately equipped aircraft and other transportation by air that list other business names under and is able to conduct a safe operation. arrangements. Proposed § 119.53 on wet which the certificate holder may Under § 119.51(b), if the leasing would be revised from current operate. Under part 121, there are no Administrator initiates an amendment § 121.6 to do the following: (1) clarify restrictions on the use of alternate to operations specifications, the that the leasing requirements pertain business names on their operating certificate holder would have 7 days to only to wet leasing (which is defined in certificates. Part 135 currently requires submit written information or § 119.3 as a lease of an aircraft that certificate holders to list their alternate arguments on the amendment. includes the provision of any business names on their operating Under § 119.51(d), a certificate holder crewmember); (2) extend the wet leasing certificates. The FAA proposed to may petition for reconsideration of a requirements to part 135 operations; (3) require that alternate business names be decision on an amendment to prohibit a wet lease from a foreign air shown on the operations specifications operations specifications. If the carrier or any other foreign person; (4) rather than on the operating certificate. amendment is not related to an prohibit a wet lease from any person not No comments were received on this emergency situation, the petition authorized to engage in common 65884 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations carriage; (5) specify that the FAA Response: The changes to 121.557, 121.559, and 135.19. Section Administrator, upon approval of the wet current requirements for wet leasing in 119.57 addresses emergency situations lease, would determine which party to § 119.53 codify existing FAA policy on where it is impossible for the certificate the agreement has operational control wet leasing. The FAA requires operators holder who intends to conduct and would amend the appropriate conducting wet leasing operations to emergency operations to act without operations specifications of both parties, hold operations specifications for the thorough and complex planning, such if necessary; and (6) allow a wet lease same kind of operation as that being as during natural disasters like floods or charter flight to transport passengers conducted in order to be sure that the earthquakes. Section 119.58 is tailored who are stranded because of the operator is qualified to conduct that to emergency operations where cancellation of their scheduled flight, kind of operation. Since foreign air thorough and complex planning are provided that the wet lease flight is carriers may conduct operations only inherently impossible due to the critical authorized by OST or the Administrator, under part 129, they do not hold issue of time and the nature of the as applicable, and that the charter flight operations specifications for current emergency. is conducted under the rules applicable part 121 or part 135 certificate holders Comments: Three commenters to a supplemental or on-demand and, therefore, may not conduct wet express concern about this proposed operation. These clarifications reflect for leasing operations for part 121 or part section. One of the commenters believes the most part current administrative 135 certificate holders. The FAA is that this consolidation of two related yet procedures. considering NACA’s suggestion distinct categories would cause Comments: NACA proposes regarding short term wet leasing and confusion: ‘‘Section 119.57 relates to reorganization of § 119.53, including a intends to request that ARAC develop certificate authority to conduct certain new paragraph regarding operations recommendations on this issue. operations on an emergency approval specifications for short term wet leases Regulatory language is amended to basis, while § 119.58 relates to (short term substitute service) that could allow short notice wet lease operations emergency operational situations that occur without prior FAA approval in a to be conducted prior to providing may require emergency deviation from situation where there is insufficient information required by § 119.53(c). prescribed procedures and methods, time to permit compliance with the Section 119.55—Obtaining deviation weather minimums, and FARs to the usual requirements for a wet lease. authority to perform operations under a extent required for flight safety.’’ The U.S. military contract. Proposed commenter recommends renaming USAir Express sees this issue as an § 119.55 establishes a new procedure to § 119.57 to read ‘‘Obtaining Emergency example of part 119 addressing changes obtain deviation authority to perform Deviation Authority to Perform which are not relevant to the goal of under a U.S. military contract. This Unapproved Operations’’ and § 119.58 bringing commuter operations up to the would require the certificate holder to to be ‘‘Operational Emergencies standards of part 121, and imposing submit this deviation authority request Requiring Immediate Decision and new restrictions on wet lease activities to DOD’s Air Mobility Command Action.’’ Additionally, the commenter at the same time. This company finds (AMC), who would review the request expresses concern that § 119.58(b) needs fault with the fact that § 119.53 requires and, in turn, forward it and the AMC to be modified to more clearly reflect certificate holders conducting recommendation on to the FAA for final dispatcher capability/responsibility, operations to be held to the same review. The logic behind having the joint responsibility, and a cross-check operations authorities as certificate AMC review this is to provide an mechanism to ensure critical holders arranging for the substitute additional, and more efficient, operational decisions are not made at operations. evaluation by a more qualified authority the exclusion of safety. British Airways objects to § 119.53 on the needs of the military operation. Another commenter states that while because it prohibits any wet leasing to Comments: One commenter expresses he supports the NPRM, he believes that U.S. carriers from foreign air carriers concern about the FAA’s need to have this recodification would cause greater without any safety justification. British the AMC serve as an extra check on confusion and contradict the purpose of Airways sees this prohibition as FAA knowledge of deviation authority. existing safety rules because it goes interfering with healthy competitive The commenter states that adding beyond the scope of the NPRM. He relationships between carriers in an another agency to the process does not claims that ‘‘[t]he two types of international market. Japan Airlines serve the interest of readiness, for ‘Emergency Authority’ are of totally agrees with British Airways’ point and during military operations, the demands different contexts, are truly irrelevant to adds that this ‘‘discriminatory’’ from the military come ‘‘fast and furious each other and there is no apparent prohibition contradicts the Department with many changes.’’ advantage to this proposed of Transportation’s economic FAA Response: As the FAA explained modification’’; hence, this proposed regulations providing for wet leasing of in Notice 95–5, during the Desert action is ‘‘clearly unwarranted.’’ aircraft by foreign air carriers to U.S. air Shield/Desert Storm operations, the The Airline Dispatchers Federation carriers. Japan Airlines argues that agency was inundated with requests for objects to the recodification of foreign air carriers are permitted to deviations. The AMC has the resources §§ 121.557, 121.559, and 135.19 as new operate aircraft in the U.S. only if they to consolidate these requests, identify § 119.58 on the grounds that emergency meet rigorous requirements of part 129 the specific regulations from which procedures are an operational issue, not of the FAA regulations, which would relief is sought, and evaluate the a certification issue and thus should be imply that these aircraft are safe. Japan requests to determine whether the relief located in the operational rules of part Airlines also claims that this regulation sought would be needed to accomplish 121 and 135. might be contrary to a friendship treaty the military mission. This procedure FAA Response: The FAA accepts the between the United States and Japan. will enable the agency to process these commenters’ suggestions. Therefore The company suggests that the FAA requests more efficiently, should the § 119.58 does not appear in final part address any specific foreign carrier need arise in the future. 119. Instead §§ 121.557, 121.559 and safety concerns with something other Emergency Operations (§§ 119.57 & 135.19 will be retained in parts 121 and than a blanket prohibition of the type 119.58). These two proposed new 135. However, the substance of proposed. sections generally recodify §§ 121.57(c), proposed § 119.57 on obtaining Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65885 deviation authority for certain that 30 days is too short a period and Management Requirements (Proposed emergency operations does not appear recommends a 6–12 month period. Sections 119.65 through 119.71). Notice in current part 121 or part 135. NACA recommends a 6-month period. 95–5 proposed to consolidate Therefore, this section is retained in the Comair comments that the requirement management personnel requirements for final rule. This new section will provide is burdensome to active air carriers operations conducted under part 135 or procedures for such situations as the wanting to conduct supplemental part 121 into new part 119 and to apply recent hurricane in the U.S. Virgin operations; this commenter says that the management personnel requirements to Islands. Deviation authority was needed requirement should be changed to apply domestic and flag operations. The in order to allow rescue and supply to certificate holders or air carriers who management personnel requirements for flights into and out of damaged airports. have not conducted any operations, not operations conducted under part 135 Section 119.59—Conducting tests and just a particular kind of operation, in the (§§ 119.69 and 119.71) would be inspections. In § 119.59, the FAA previous 30 calendar days. A similar substantially the same as those currently proposed language to emphasize both comment is made by another individual. in §§ 135.37 and 135.39. The the authority of FAA inspectors to gain NACA comments that this requirement management personnel requirements for access to a certificate holder’s books and is burdensome to air carriers conducting operations conducted under part 121 records and the fact that a certificate any type of operation (domestic, flag, or (§§ 119.65 and 119.67) would be similar holder risks suspension of part or all of supplemental), especially to carriers to those currently in §§ 121.59 and its operations specifications if it fails to who provide these services under short- 121.61, which now apply only to provide that access. Without access to term, short notice wet leases. USAir supplemental operations. those records, the FAA cannot fulfill its Express states that the proposed rule The only significant changes under safety mission. No comments were would seriously impact the ability of the proposed management requirements received on this issue and the final rule part 121 domestic and flag operators to for part 121 and part 135 are as follows: is adopted as proposed. conduct occasional supplemental Director of safety. The FAA proposed Section 119.61—Duration of operations since these operations are that each certificate holder that certificate and operations specifications. often required on less than 5 days conducts operations under part 121 Section 119.61 sets out the conditions notice. Also, since many part 121 must have a director of safety. This under which certificates or operations certificate holders conduct their person would be responsible for keeping specifications become ineffective. supplemental operations using the same the highest management officials of the Comments: Two commenters procedures as their scheduled certificate holder fully informed about recommend that when operations operations, there is no benefit from this the safety status of the certificate specifications are changed or requirement. SP Aircraft says that the holder’s entire operation. The FAA superseded, the carrier should be requirement would be burdensome to believes that an independent, full time required to surrender the obsolete on-demand small aircraft operators and position is important if at all available copies to the FAA. This would preclude to the FAA and that the rule should or possible. However, it recognizes that the chance of outdated operations provide relief for these certificate in smaller operations, the director of specifications being in the hands of the holders. safety function may be an additional ‘‘field operators.’’ Mesa and RAA point out that the function of a current manager. Section FAA Response: It is the responsibility proposed rule is unclear in its use of the 119.65(b) provides flexibility in the of the certificate holder to have term ‘‘kind of operation’’ and requirements for positions and number procedures in place to ensure that the recommend that the FAA define this of positions for management personnel, most current copies of the operations term. including the director of safety. specifications are adequately and FAA Response: In response to Director of operations. The FAA accurately distributed. The FAA is not comments, the FAA has made the proposed for § 119.67(a) to require a requiring that outdated operations following changes to § 119.63 in the director of operations to have both 3 specifications be surrendered to the final rule: years experience as a PIC of an aircraft FAA because of the administrative If part 121 and part 135 scheduled under part 121 or part 135 and 3 years burden that such a requirement would operators do not conduct scheduled supervisory experience in a position entail. However, the FAA has decided to operations for more than 30 days, the 5- that exercised control over any incorporate into § 119.61 a new day notification provision would apply. operations conducted with aircraft paragraph (c), which contains the For part 121 and 135 scheduled under part 121 or part 135. § 135.35 language for surrender of operators, no notification is required to In the case of a person becoming a operations specifications and certificate conduct supplemental or on-demand director of operations for the first time, if a certificate holder terminates operations provided they continue to the FAA proposed that the PIC business. conduct scheduled operations without experience in large aircraft be recent, Section 119.63—Recency of being dormant for more than 30 days. i.e., 3 years of experience within the operation. Proposed § 119.63 would Part 121 supplemental operators or past 6 years. (See proposed prohibit a certificate holder from part 135 on-demand operators who have § 119.67(a)(3)(i).) Additionally, for all conducting a kind of operation if that not conducted supplemental or on- directors of operation under part 121, kind of operation has not been demand operations for more than 90 the minimum of 3 years of supervisory conducted for a period of 30 days must notify the FAA at least 5 days or managerial experience must have consecutive days. The certificate holder before resuming operations. been obtained within the last 6 years. must advise the Administrator at least 5 In response to the comment to define (See proposed § 119.67(a)(2).) consecutive calendar days prior to ‘‘kind of operations,’’ § 119.3 defines Additionally, for operations resumption of that kind of operation five kinds of operation as one of the conducted under part 135, the FAA and make itself available for any FAA various operations a certificate holder is proposed that the director of operations reexamination that the FAA considers authorized to conduct as specified in have the following experience: necessary. the operations specifications; that is, (1) At least 3 years of supervisory or Comments: Eight commenters address domestic, flag, supplemental, managerial experience within the last 6 this proposed requirement. One says commuter, or on-demand. years, in a position that exercised 65886 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations operational control over any operations sections would not cover such a lack of certificate holders (e.g., those with 10– conducted under part 121 or part 135; airman certification situation. The 15 employees or one or two aircraft). or deviation authority provides a means for This commenter recommends that these (2) For a person with previous competent and qualified personnel who certificate holders be allowed to experience as a director of operations, at do not meet the management personnel determine which management least 3 years experience as a PIC of qualifications to be employed in personnel, especially the director of aircraft operated under part 121 or part required positions. safety and chief inspector, are needed 135; or for a person becoming a director Comments: A number of commenters and to combine these and other of operations for the first time, the 3 responded to the proposed management positions as well. years of PIC experience must have been requirements for part 119. These are One commenter recommends that obtained within the past 6 years. discussed below. smaller operations be permitted to Director of maintenance. To Director of Safety. United Express employ contracted or part-time safety standardize the certificates required for comments that the creation of the officers who could act for more than one the director of maintenance, proposed director of safety position is in the best carrier. This could reduce these § 119.67(c) and 119.71(e) would require interest of the flying public but that the certificate holders’ financial burden that a director of maintenance hold a position’s responsibilities will depend associated with hiring additional current mechanic certificate with both on airline size, equipment, and type of personnel. airframe and powerplant ratings. operations. This commenter says that One commenter recommends that the Also, the requirement in present for small certificate holders, the chief director of safety have direct § 135.39(c) that the required experience pilot or current director of operations communication paths with dispatch, in maintaining aircraft must include the could assume the duties. United Express maintenance, flight attendant, and recency requirements of § 65.83 has also says that this position should ground operations. been added to proposed § 119.67(c) and qualify under current § 121.61. Samoa Air also points out that the carried over to proposed § 119.71(e). NTSB and several other commenters requirement for additional management Chief pilot. Proposed § 119.71(c)(1) say that the director of safety should be personnel for certificate holders with and (d)(1) omitted the word ‘‘current’’ independent from operational functions three or fewer aircraft is burdensome from existing § 135.39(b)(1) and (b)(2) and have direct access to the highest and that a proper internal evaluation because these pilot certificates no longer levels of management. program should keep management have an expiration date and are revoked ALPA recommends that in code- informed of the certificate holder’s only for cause. The words ‘‘and be sharing operations, the director of safety safety status. qualified to serve as PIC in at least one should report directly to the mainline One commenter says that § 119.69 type of aircraft used in the certificate Safety Vice President; if a code sharer does not require a part 135 certificate holder’s operation’’ are added to clarify does not have a director of safety, then holder to have a director of safety and that the chief pilot must meet recency code-sharing pilots should have access that this position should be required for of experience requirements and medical to the mainline safety organization. these certificate holders. requirements. ALPA also recommends that the One commenter recommends that the In addition to holding the appropriate director of safety maintain a toll free director of safety be excluded from certificate, in order to be eligible to be telephone hotline. In addition, ALPA enforcement action similar to the a chief pilot in part 121 or 135 recommends that the director of safety’s Aviation Safety Reporting System under operations, a person must have at least qualifications include at least 3 years of § 91.25. 3 years experience as a PIC of aircraft supervisory experience and possession Inter Island recommends that the operated under parts 121 or 135. of one of the following: an Airline safety officer be any line pilot with 6 However, if that person is becoming a Transport Pilot (ATP) license, Airframe months experience with the company chief pilot for the first time, the 3 years and Powerplant (A & P) license or and that this position be kept from the experience must have been obtained Dispatcher license, or demonstration of working ranks of line pilots. According within the previous 6 years. other approved equivalent aeronautical to the commenter, this function should Chief inspector. Proposed § 119.67(d) training. not be given to the chief pilot or director requires a chief inspector for each Fairchild states that a separate of operations. operator conducting part 121 director of safety position is Other comments on management operations. In addition to the existing unnecessarily burdensome and that requirements: USAir Express says that eligibility requirements, the chief safety is a concern of all managers. This the requirements of this proposed inspector would be required to have at commenter recommends changing section are burdensome to large least 1 year of experience in a § 119.65(a) so that the director of safety certificate holders because it imposes supervisory position maintaining large is not required to be a full-time position. requirements which are designed for aircraft. Comair, ASA, Gulfstream, and RAA small certificate holders onto these large Deviation authority. Proposed say that § 119.67 does not provide any certificate holders. This commenter §§ 119.67(e) and 119.71(f) authorize the qualification requirements for the states that large certificate holders might Manager of the Flight Standards director of safety. These commenters have many positions at the Vice Division in the region of the certificate- request that the FAA permit certificate President or Director’s level to fulfill holding district office to authorize a holders to designate directors of safety these management functions that a certificate holder to employ a person based upon their needs and without an small certificate holder would fulfill who does not meet the qualifications in FAA approval process. through the positions of director of proposed §§ 119.67 or 119.71. For a Big Sky Airlines and NATA operations, director of maintenance, certificate holder or applicant that recommend that smaller certificate chief pilot or chief inspector. This wants to employ a person who does not holders be allowed to combine the commenter also notes that the hold the required airman certificate director of safety position with an management of large carriers is more (e.g., ATP certificate, commercial pilot already existing position. Metro complex, involving knowledge of such certificate, airframe and powerplant International Airways also points out areas as labor relations, legal issues, certificate), the deviation authority the burden of this requirement on small finance, and quality assurance. To Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65887 assume that these subjects can be commenter requests that the FAA define ‘‘large’’ aircraft (by the definition of mastered while also obtaining the ‘‘large,’’ stating there is a difference SFAR 41); this could exclude qualifying required number of years of experience between a B747 and a Beech 1900C. The excellent candidates from such for each management position is commenter recommends that the FAA management positions as director of unrealistic. Finally, this commenter retain the part 135 provision that allows operations, chief pilot, and director of objects to the explanation of deviation the combinations of one or more of the maintenance. authority regarding the allowance of required management personnel. As the FAA Response: The FAA contends unlicensed persons to hold management airline grows it is understandable that that most currently employed directors positions and says that it is inconsistent the management functions would meet the new standards. For those with the language of the proposed rule separate and the manager’s experience directors who do not, § 119.67(e) allows itself. level would rise. The addition of a chief operators to request authorization from Fairchild Aircraft finds § 119.67 to be inspector and a director of safety would their district office for the continued more stringent than its corresponding create a top heavy airline that could not employment of those directors. section in part 121 (§ 121.61). This operate at a reasonable cost. Combining However, note that §§ 119.67(e) and commenter suggests that § 119.67(a)(1) these positions must be allowed so new 119.71(f) provide for exceptions from be changed to allow the director of entrants with small fleets will have the experience requirements, but not from operations to hold or have held an ATP chance to build an organization proudly requirements to hold necessary certificate and also to delete the words serving the public and the public’s certificates. The FAA anticipates that ‘‘large aircraft’’ in order to recognize interest. most operators whose directors do not that not all former part 135 certificate American supports modifying the meet the new requirements will request holders have been operating large minimum requirements for director of authorization and that those requests airplanes. operations, chief pilot, director of will be granted. The FAA agrees that in RAA and many other commenters maintenance, and chief inspector under some cases the proposed recency support ‘‘grandfathering’’ existing key § 135.37 operations to reflect part 121 requirements would place an management personnel in the wake of standards. unnecessary burden on those directors the proposed rule’s more stringent One commenter objects to the who may have extended periods of experience and qualification proposed requirement that a director of unemployment prior to being hired. requirements. These commenters point maintenance have 5 years experience in Thus, for the final rule, the FAA is out that existing personnel, such as the the past 5 years because it could changing some of the recency directors of operations and disqualify those in management requirements. The final rule also maintenance, chief pilot, and chief positions who may have been the standardizes the language as much as inspector, may already possess excellent victims of downsizing and companies possible between operations and management skills, and that to hire new going out of business. airworthiness management positions. personnel would be unnecessary and One commenter disagrees with the 6- The final rule gives relief for those burdensome. Action Airlines suggests year currency requirement for the 3 operators who do not operate large that instead of having to replace existing years as PIC (under proposed aircraft. personnel when air carriers upgrade § 119.67(a)) for a person becoming a The FAA will develop handbook their equipment, they should have the director of operations for the first time. guidance on management personnel to option to get deviation or wavier This commenter believes that PIC time provide FAA inspectors with criteria to authority and continue to use existing is much more relevant to a director of respond to requests concerning issues directors of operations, chief pilots, and operations’ administrative raised by commenters, such as the directors of maintenance. responsibilities and that the currency combining of certain positions in the Metro International Airways states requirement should apply to the chief case of small operators. In analyzing that the addition of management pilot, whose function is much more such requests, the FAA will consider personnel would have a significant technical. This commenter also the number of airplanes being operated, impact on operators that only operate disagrees with proposed § 119.71(c)(1) the number of employees, the two or three affected aircraft. The and (d)(1) which exempts the chief pilot complexity of the operation, the ability positions of chief inspector can be from being qualified to serve as PIC in of the operator to perform required handled effectively by the director of operations conducted under part 121. tasks, and the equivalent level of safety. maintenance. With such a small fleet of He believes that since the chief pilot is The final rule contains the following aircraft, the chief inspector would spend directly responsible for the proficiency requirements: many hours idle. Also, a small of the pilots, he should be able to serve commuter is more likely to contract out in this capacity. Director of Safety most, if not all, maintenance functions. Commuter Air Technologies says that The major carriers have told FAA that In this situation, the director of 4 years in an aircraft type is more they already have established this maintenance could easily oversee that important than 4 years in maintaining a position and are already fulfilling this all work is completed to FAA standards large aircraft as qualification for chief function. For other operations, and signed off by an appropriate person inspector. This commenter adds that § 119.65(b) provides flexibility for with an IA rating. small certificate holders rely on senior establishing this position. The commenter also opposes the maintenance personnel, such as, proposed increase in management director and chief inspector, for Director of Operations experience, indicating it will have a technical and administrative leadership Section 119.67 requires 3 years of significant impact on small and and that experience in aircraft type experience as PIC of a large airplane proposed commuter airlines. Not only would better provide this type of operated under part 121 or part 135 of will higher wages be needed to attract experience and skill as opposed to this chapter when the certificate holder those applicants that have the necessary experience in maintaining large aircraft. operates large airplanes. If the certificate experience, but the operators will need Similarly, one commenter objects to the holder uses only small airplanes in its to lure those who qualify from secure use of the phrase ‘‘large aircraft’’ when operation, the experience may be positions within the industry. The many commuter predecessors are not obtained in either large or small 65888 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations airplanes. For first time applicants, both Section 119.71 requires 3 years of Subpart A, is to delete all sections §§ 119.67 and 119.71 require that the 3 experience within any amount of time which have been moved to part 119, years PIC experience must have been in maintaining or repairing aircraft. The such as requirements using outdated obtained within the past 6 years. requirement in § 119.67(c)(4)(i) that the terminology. Subparts B, C, and D, and director of maintenance have experience certain sections of Subpart A of part 121 Chief Pilot in maintaining ‘‘large aircraft’’ has been are entirely deleted as well as certain Section 119.67 requires 3 years of changed to ‘‘aircraft with 10 or more sections of subpart A of part 135 experience as PIC of a large airplane passenger seats’’ to provide for because these requirements are either operated under part 121 or part 135 of maintenance experience acquired by obsolete or have been moved to this chapter when the certificate holder work for an affected commuter. proposed part 119. SFAR 38–2 operates large airplanes. If the certificate terminates 15 months after the date of Chief Inspector holder uses only small airplanes in its publication of this final rule and many operation, the experience may be The requirement in § 119.67(d)(2) and of its provisions have been moved to obtained in either large or small (d)(3) that the chief inspector have part 119. Also part 127 is deleted as airplanes. For first time applicants, both experience in maintaining ‘‘large discussed above under ‘‘§ 119.25- §§ 119.67 and 119.71 require that the 3 aircraft’’ has been changed to ‘‘aircraft Rotorcraft operations.’’ Table 3 is a years PIC experience must have been with 10 or more passenger seats’’ to derivation table, showing the origin and obtained within the past 6 years. provide for maintenance experience current source in SFAR 38–2, part 121, acquired by work for an affected or part 135 of many of the new sections Director of Maintenance commuter. in part 119. Table 4 is a distribution Section 119.67 requires 3 years of Derivation and distribution tables. table, showing the location in part 119 experience within the last 6 years in The purpose of the revisions to part 121, for each section removed from part 121, maintaining or repairing aircraft. Subparts A, B, C, and D, and part 135, part 135, and SFAR 38–2.

TABLE 3.ÐDERIVATION TABLE FOR PART 119

New section Based on

Subpart A: 119.1(a) ...... New language. 119.1(b) ...... SFAR 38±2, Section 1(a). 119.1(c) ...... New language. 119.1(d) ...... New language. 119.1(e) ...... New language. 119.2 ...... New language. 119.3 ...... SFAR 38±2, Section 6 and new language. 119.5(a) ...... SFAR 38±2, Section 2(a). 119.5(b) ...... SFAR 38±2, Section 2(b). 119.5(c) ...... New language. 119.5(d) ...... SFAR 38±2, Section 1(a)(3). 119.5(e) ...... SFAR 38±2, Section 1(a)(3). 119.5(f) ...... SFAR 38±2, Section 1(b). 119.5(g) ...... SFAR 38±2, Section 1(c), 121.4, 135.7. 119.5(h) ...... SFAR 38±2, Flush paragraph following Section 1(a)(3) and new language. 119.5(i) ...... 121.27(a)(1), 121.51(a)(1), 135.13(a)(3). 119.5(j) ...... 135.33. 119.7(a) ...... SFAR 38±2, Section 3. 119.7(b) ...... 121.23, 121.43. 119.9(a) ...... 135.29. 119.9(b) ...... New language. Subpart B: 119.21(a) ...... SFAR 38±2, Section 4(a), 121.3. 119.21(b) ...... SFAR 38±2, Section 4(b). 119.21(c) ...... New language. 119.23(a) ...... SFAR 38±2, Section 5(a). 119.23(b) ...... SFAR 38±2, Section 5(b). 119.25(a) ...... SFAR 38±2, Section 4(c), 5(c), and (d) and new language. 119.25(b) ...... SFAR 38±2, Section 4(c), 5(c), and (d) and new language. Subpart C: 119.31 ...... SFAR 38±2, Section 1(c), 2(a) and (b), 121.3, and 135.5. 119.33(a) ...... SFAR 38±2, Section 1(c), 2(a) and (b), 3, 121.3, 135.5, 135.13(a). 119.33(b) ...... SFAR 38±2, Section 1(c), 2(a) and (b), 3, 121.3, 135.5, 135.13(a). 119.33(c) ...... SFAR 38±2, Section 1(c), 2(a) and (b), 3, 121.3, 135.5, 135.13(a). 119.35(a) ...... 121.26, 121.47(a), 135.11(a). 119.35(b) ...... 121.26, 121.47(a), 135.11(a). 119.35(c) ...... 121.47(a). 119.35(d) ...... 121.47(b). 119.35(e) ...... 121.47(c). 119.35(f) ...... 121.47(d). 119.35(g) ...... 121.48. 119.35(h) ...... 121.49. 119.37(a) ...... 121.25(a), 121.45(a), 135.11(b)(1) and new language. 119.37(b) ...... 121.25(a), 121.45(a), 135.11(b)(1) and new language. 119.37(c) ...... 121.25(a), 121.45(a), 135.11(b)(1) and new language. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65889

TABLE 3.ÐDERIVATION TABLE FOR PART 119ÐContinued

New section Based on

119.37(d) ...... 121.25(a), 121.45(a), 135.11(b)(1) and new language. 119.37(e) ...... 121.25(a), 121.45(a), 135.11(b)(1) and new language. 119.39(a) ...... 121.27(a)(2), 121.51(a)(3), 135.11(b)(1). 119.39(b) ...... 121.27(a)(2), 121.51, 135.13(a)(2) and (b). 119.41(a) ...... 121.77(a), 135.15(a). 119.41(b) ...... New language. 119.41(c) ...... 121.77(b), 135.15(b). 119.41(d) ...... 121.77(c), 135.15(d). 119.43(a) ...... 121.75(b), 135.63(a)(2). 119.43(b) ...... 121.75(b), 135.63(a)(2). 119.47(a) ...... 135.27(a). 119.47(b) ...... 121.83, 135.27(b). 119.49(a) ...... 121.5, 121.25(b), 121.45(b), 135.11(b), and new language. 119.49(b) ...... 121.45(b), 135.11(b)(1) and new language. 119.49(c) ...... 135.11(b)(1) and new language. 119.49(d) ...... 121.75, 135.81. 119.51(a) ...... 121.79(a), 135.17(a). 119.51(b) ...... 121.79(b), 135.17(d). 119.51(c) ...... 121.79(c), 135.17(b), and new language. 119.51(d) ...... 121.79(d), 135.17(c) and (d). 119.51(e) ...... 121.79(b), 135.17(c) and (d). 119.53(a) ...... 121.6(a). 119.53(b) ...... New language. 119.53(c) ...... 121.6(b). 119.53(d) ...... 121.5(c). 119.53(e) ...... New language. 119.53(f) ...... New language. 119.55(a) ...... 121.57(a) and (b). 119.55(b) ...... 121.57(a) and (b). 119.55(c) ...... 121.57(a) and (b). 119.55(d) ...... 121.57(a) and (b). 119.55(e) ...... 121.57(a) and (b). 119.57(a) ...... 121.57(c). 119.57(b) ...... New language. 119.58(a) ...... 135.19(b). 119.58(b) ...... 135.19(a). 119.58(c) ...... 135.19(c). 119.59(a) ...... 121.81(a), 135.73, and new language. 119.59(b) ...... 121.73, 121.81(a), 135.63(a), 135.73, and new language. 119.59(c) ...... 121.81(a). 119.59(d) ...... New language. 119.59(e) ...... New language. 119.59(f) ...... New language. 119.61(a) ...... 121.29(a), 121.53(a), (c), and (d), 135.9(a). 119.61(b) ...... 121.29(a), 121.53(c), and new language. 119.61(c) ...... 135.35. 119.63(a) ...... New language. 119.63(b) ...... New language. 119.65(a) ...... 121.59(a). 119.65(b) ...... 121.59(b). 119.65(c) ...... 121.59(b). 119.65(d) ...... 121.61 and new language. 119.65(e) ...... 121.59(c). 119.67(a) ...... 121.61(a) and new language. 119.67(b) ...... 121.61(b) and new language. 119.67(c) ...... 121.61(c), 135.39(c) and new language. 119.67(d) ...... 121.61(d) and new language. 119.67(e) ...... 121.61(b), 135.39(d). 119.69(a) ...... 135.37(a). 119.69(b) ...... 121.59(b), 135.37(b). 119.69(c) ...... 121.59(b). 119.69(d) ...... 135.39 and new language. 119.69(e) ...... 121.59, 135.37(c). 119.71(a) ...... 135.39(a)(1) and new language. 119.71(b) ...... 135.39(a)(2) and new language. 119.71(c) ...... 135.39(b)(1) and new language. 119.71(d) ...... 135.39(b)(2) and new language. 119.71(e) ...... 135.39(c) and new language. 119.71(f) ...... 135.39(d) and new language. 65890 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

TABLE 4.ÐDISTRIBUTION TABLE FOR PART 121, PART 135, AND SFAR 38±2 SECTIONS BEING REPLACED BY PART 119

Replaced by

Part 121: 121.3 ...... 119.21(a); 119.31; 119.33. 121.4 ...... 119.5(g). 121.5 ...... 119.49(a). 121.6(a) ...... 119.53(a). 121.6(b) ...... 119.53(c). 121.7 ...... 119.21. 121.9 ...... deleted. 121.13 ...... 119.25. 121.21 ...... 119.1. 121.23 ...... 119.7(b). 121.25(a) ...... 119.37(a), (b), (c), (d), (e), (f), and (g). 121.25(b) ...... 119.49(a). 121.26 ...... 119.35 (a) and (b). 121.27(a)(1) ... 119.5(i). 121.27(a)(2) ... 119.39 (a) and (b). 121.29(a) ...... 119.61 (a) and (b). 121.41 ...... 119.1. 121.43 ...... 119.7(b). 121.45(a) ...... 119.37(a), (b), (c), (d), (e), (f), and (g). 121.45(b) ...... 119.49 (a) and (b). 121.47(a) ...... 119.35(a), (b), and (c). 121.47(b) ...... 119.35(d). 121.47(c) ...... 119.35(e). 121.47(d) ...... 119.35(f). 121.48 ...... 119.35(g). 121.49 ...... 119.35(h). 121.51 ...... 119.39(b). 121.51(a)(1) ... 119.5(i). 121.51(a)(3) ... 119.39(a). 121.53(a) ...... 119.61(a). 121.53(c) ...... 119.61 (a) and (b). 121.53(d) ...... 119.61(a). 121.55 ...... deleted. 121.57(a) ...... 119.55(a), (b), (c), (d), and (e). 121.57(b) ...... 119.55(a), (b), (c), (d), and (e). 121.57(c) ...... 119.57(a). 121.59 ...... 119.69(e). 121.59(a) ...... 119.65(a). 121.59(b) ...... 119.65 (b) and (c); 119.69 (b) and (c). 121.59(c) ...... 119.65(e). 121.61 ...... 119.65(d). 121.61(a) ...... 119.67(a). 121.61(b) ...... 119.67 (b) and (e). 121.61(c) ...... 119.67(c). 121.61(d) ...... 119.67(d). 121.71 ...... 119.1. 121.73 ...... 119.59(b). 121.75 ...... 119.49(d). 121.75(b) ...... 119.43 (a) and (b). 121.77(a) ...... 119.41(a). 121.77(b) ...... 119.41(c). 121.77(c) ...... 119.41(d). 121.79(a) ...... 119.51(a). 121.79(b) ...... 119.51 (b) and (e). 121.79(c) ...... 119.51(c). 121.79(d) ...... 119.51(d). 121.81(a) ...... 119.59(a), (b), and (c). 121.83 ...... 119.47(b). Part 135: 135.5 ...... 119.31; 119.33(a), (b), and (c). 135.7 ...... 119.5(g). 135.9(a) ...... 119.61(a). 135.11(a) ...... 119.35 (a) and (b). 135.11(b) ...... 119.49(a). 135.11(b)(1) ... 119.37(a), (b), (c), (d), (e), (f), and (g); 119.39(a); 119.49 (b) and (c). 135.13(a) ...... 119.33(a), (b), and (c). 135.13(a)(2) ... 119.39(b). 135.13(a)(3) ... 119.5(i). 135.13(b) ...... 119.39(b). 135.15(a) ...... 119.41(a). 135.15(b) ...... 119.41(b). Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65891

TABLE 4.ÐDISTRIBUTION TABLE FOR PART 121, PART 135, AND SFAR 38±2 SECTIONS BEING REPLACED BY PART 119ÐContinued

Replaced by

135.15(d) ...... 119.41(d). 135.17(a) ...... 119.51(a). 135.17(b) ...... 119.51(c). 135.17(c) ...... 119.51 (d) and (e). 135.17(d) ...... 119.51(b), (d), and (e). 135.19 ...... 119.58. 135.27(a) ...... 119.47(a). 135.27(b) ...... 119.47(b). 135.29 ...... 119.9(a). 135.31 ...... 119.5. 135.33 ...... 119.5(j). 135.35 ...... 119.61(c). 135.37(a) ...... 119.69(a). 135.37(b) ...... 119.69(b). 135.37(c) ...... 119.69(e). 135.39 ...... 119.69(d). 135.39(a)(1) ... 119.71(a). 135.39(a)(2) ... 119.71(b). 135.39(b)(1) ... 119.71(c). 135.39(b)(2) ... 119.71(d). 135.39(c) ...... 119.67(c); 199.71(e). 135.39(d) ...... 119.67(e); 119.71(f). 135.63(a) ...... 119.59(b). 135.63(a)(2) ... 119.43 (a) and (b). 135.73 ...... 119.59 (a) and (b). 135.81 ...... 119.49(d). SFAR 38±2: Section 1(a) ... 119.1(b). Section 1(a)(3) 119.5 (d) and (e); 119.5(h). Section 1(b) ... 119.5(f). Section 1(c) .... 119.5(g); 119.31; 119.33 (a), (b), and (c). Section 2(a) ... 119.5(a); 119.31; 119.33 (a), (b), and (c). Section 2(b) ... 119.5(b); 119.31; 119.33 (a), (b), and (c). Section 2(c) .... 129.1. Section 3 ...... 119.7(a); 119.33 (a), (b), and (c). Section 4(a) ... 119.21(a). Section 4(b) ... 119.21(b). Section 4(c) .... 119.25 (a) and (b). Section 4(d) ... 119.25 (a) and (b). Section 5(a) ... 119.23(a). Section 5(b) ... 119.23(b). Section 5(c) .... 119.25 (a) and (b). Section 5(d) ... 119.25 (a) and (b). Section 6 ...... 119.3.

VII. Discussion of Comments Related to Alaska. Also, there would also be any specific cost information to Costs and Benefits additional costs incurred for training. substantiate their claims of incurring FAA Response: The FAA is holding in significantly high compliance costs for This section of the preamble discusses abeyance a decision concerning flight establishing a dispatch system. Second, those costs and benefits related time limitations because of a new it is the FAA’s position that nearly all comments submitted to the docket for proposal that, if adopted, would part 135 commuters already have the the NPRM. The comments are presented overhaul all of the flight and duty rules. basic communication equipment needed by topic within their respective areas of Dispatchers. There were a number of for a dispatch system because they concern. comments submitted on the already have flight locators and flight 1. Operations establishment of a dispatcher system. followers conducting some degree of However, none of the comments were operational control. Third, even in Flight Time Limitations. A commuter directly related to costs. Among those remote areas carriers have access to operator from Alaska voiced its comments related to costs, the primary contracted communications systems. concerns about the potential high cost concern pertained to the idea that there Fourth, in regard to the personnel costs ($502,000) of compliance associated would be significant costs incurred by associated with the dispatch system, with the proposed requirement for flight operators in remote areas (i.e., most of these operators are expected to upgrade time limitations. According to this Alaska) or those operators with a small most of their existing flight locators and operator, compliance with the proposed number of airplanes (fewer than five). flight followers to be dispatchers, at an rule would require hiring an estimated FAA Response: There are four points hourly wage increase of $1.60 (or $4,193 15 to 75 percent more pilots, depending to make in reference to the comments. annually). Some dispatchers will be on the location of its operations in First, the commenters failed to provide hired outside of the company at an 65892 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations annual wage of $24,000. This position is basic assumptions, the commenter said commenter states that the seat cushions based on information obtained from the there was no documentation that in the METRO airplane would not serve Aircraft Dispatchers Federation (ADF) detailed the methodology used to derive as effective flotation devices. In and a survey of several part 135 his cost estimate of $1.6 billion. addition, this commenter provides a operators with dual operations Therefore, since the commenter was cost estimate for acquiring and specifications (parts 121 and 135). The unable to substantiate the cost estimate, retrofitting individual flotation devices FAA estimates a cost of $13,000 as the the FAA will retain its cost estimate and for METRO airplanes. average minimum annual operating cost all associated methodology. FAA Response: The FAA concurs that of establishing a dispatch system if the seat cushions in a particular 2. Cabin Safety (assuming nothing is in place by a airplane model do not serve as flotation particular operator). This includes costs First Aid and Medical Kits. Several devices, then individual flotation for telephone service, office space, office commenters provided cost estimates devices would have to be acquired. furniture, access to a current weather ranging from $1,500 to $2,000 per Also, the FAA verified the commenter’s service, and access to air-ground airplane for the first aid and medical kit cost estimate and has incorporated it communications. requirement, but these cost estimates into the regulatory evaluation for the Pilot Qualifications. Several were submitted without any detailed final rule. commenters are opposed to the documentation. An additional Halon Fire Extinguishers. One proposed requirements for pilot commenter, who was contacted, agrees commenter from Alaska provides an qualifications on the basis of an with the cost per first aid kit, but argues aggregate cost estimate for the required anticipated high cost of compliance. that the turnover rate should be 100% halon fire extinguishers which was FAA Response: The final rule does a year due to pilfering. substantially higher than the estimate in not contain requirements for FAA Response: The cost estimates the NPRM. The commenter does not crewmember training and pilot provided by the commenters are higher provide additional commentary on the qualifications. These requirements are than the FAA’s original estimates. The requirement beyond the costs. contained in a separate rulemaking FAA based the equipment costs on off- FAA Response: The FAA partially action that pertains to operators under the-shelf prices that would be available disagrees with this commenter. A one- parts 121 and 135. to all operators. The FAA contacted one time cost estimate to account for up- Cockpit Protective Breathing commenter that estimates the cost of front administrative and engineering Equipment (PBE). One airplane $1,500 per airplane for a first aid kit. costs to comply with Type Data manufacturer questions the need for The commenter’s cost estimate includes Certificates was submitted by the fire-fighting PBE on the flight deck of up front costs such as the engineering commenter. The FAA verified this cost- commuter airplanes with 10 to 19 designs, administrative paperwork, cost estimate and has incorporated it into the passenger seats. The commenter asserts of tooling, as well as the cost of cost of the final rule. However, the FAA that it would cost an additional $23,800 equipment and materials. The FAA contends that there would be no major dollars (rather than the FAA’s cost assumes that the first aid kits, as well as retrofit costs because the halon fire estimate of $400 per PBE unit) to equip medical kits, can be secured with Velcro extinguishers would replace existing each one of its 10-to-19-seat airplanes tape and would be secure enough to fire extinguishers with the same size with such PBE on the flight deck. This meet the 18–G requirement. As to canister. The FAA’s equipment costs cost estimate does not include a one- design and administrative costs were based on off-the-shelf prices for time $52,000 for development costs. involved with securing first aid and halon which would be available to all According to the commenter, its medical kits, the FAA is using the up- operators. airplanes are already equipped with front costs of $1,500 submitted by the Carry-on Baggage. A commenter from fixed smoke-and-flame protection PBE commenters. With regards to pilferage, Alaska believes that the FAA’s cost at each of the two pilot stations. Thus, none of the large airlines complain estimate for the carry-on baggage the only potential cost would be for a about first aid kits being stolen, and the screening program implementation is fire-fighting PBE on the flight deck. FAA believes that if any kits are stolen, too low. This commenter reasons that FAA Response: The FAA has decided air carriers would take positive steps to the wage rates and paperwork burden to drop the proposed requirement for stop such activity. would be higher for the Alaska air fire-fighting PBE on the flight deck of Locking Cockpit Door and Key. carriers. In addition, the commenter affected airplanes with 10 to 19 seats. Several commenters are concerned that strongly objects to applying the Costs of Compliance—All Items. some locking cockpit doors would have scanning program at locations that do According to one commenter, the FAA’s to be retrofitted to work with a key, but not have terminal facilities. This analysis grossly underestimated costs. cost estimates are not provided. commenter believes that each operator The cost of the proposed rule should be FAA Response: The FAA will need to develop a measurement $1.6 billion instead of the FAA’s acknowledges that the commenters device to check each item of carry-on estimate of $275 million. correctly state that keyless locks on baggage which will result in delays. All FAA Response: The FAA disagrees affected lockable cockpit doors would of this will cost $156,000 per year for with the commenter. The FAA have to be retrofitted to work with keys. each Alaskan commuter air carrier; contacted the commenter to acquire Based on information from FAA there is no detailed explanation of what information on the methodology and technical personnel, the FAA is this entails. Another commenter, who basic assumptions or rationale used to assuming that all of the 20-to-30-seat was contacted, believes that for derive the cost estimate. With regards to airplanes would have their locks or crewmembers to enforce the carry-on the methodology, the commenter doors retrofitted, at a total cost of $182 baggage program will delay each flight indicated that he used his own per retrofit ($100 equipment + $82 one minute; this flight delay will need judgment and information provided by labor). to be costed out. other commenters. None of his analysis Flotation Cushions and Life Vests. FAA Response: The FAA disagrees was supported empirically by outside One commenter opposes the with these commenters. The FAA is sources or seemed to be more credible requirement because of the equipment unable to evaluate the Alaska than that used by the FAA. As to the cost and weight penalty. This commenter’s cost estimate without a Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65893 detailed explanation of the cost in Alaska would have trained substitute FAA approval for inclusion into the breakdown. However, it is important to personnel waiting at each intermediate airplane flight manual. After additional note that the wage rate and the stop. Accordingly, the FAA believes that review, however, the FAA realizes that paperwork hours assumed in the NPRM Alaskan air carriers would either SFAR 41 and predecessor category were national averages, so these deplane passengers or use a airplanes will be unable to meet all of numbers could be higher in some parts crewmember. the part 121 performance criteria of the country, like Alaska, and lower in Passenger Information. One without having to offload so many others. In addition, no carrier would be commenter from Alaska disagrees with passengers or cargo as to become required to have a measuring device to the FAA’s cost estimate for passenger unprofitable to operate in scheduled carry out this program; the baggage information cards and believes that it is passenger service. If operators substitute screening program is visual in nature, too low. Alaskan air carriers would need airplanes configured with 9 or fewer and the requirements and costs involved to devise a more comprehensive passenger seats for these airplanes, there only refer to preparing baggage information system due to the many could be a substantial economic loss screening procedures for the carrier’s nationalities and native languages in and potential safety reduction. Thus, the operations manual and an addendum to Alaska and this would entail great FAA will allow the operators of these the Operations Specifications. Finally, expense. Some air carriers would also airplanes to have 15 years to meet the the FAA does not believe that there have to translate into Japanese, Korean, part 121 performance requirements. would be delays on any flights due to and Russian for tourists from the Pacific This will allow operators sufficient time such a program as crewmembers would Rim nations. The commenter also to plan for the replacement of these be ‘‘eye balling’’ carry-on baggage as thought that the FAA’s assumption of a airplanes without incurring an passengers are boarding at the same three year life expectancy for enormous economic loss. It also will speed they have always boarded. information cards was too high. Based allow manufacturers time to develop Flight Attendants at the Gate. A on experience, the commenter states better substitutes for these airplanes. commenter believes that all operators that information cards last less than a Engine-Out-En-Route-Net-Flight Data. would only use trained, authorized, year due to wear and theft. The There were three commenters on this substitute personnel when coverage is commenter also estimates costs of issue. One manufacturer commenter needed. This commenter believes that $26,000 for Alaskan commuter air reports a one-time cost of $24,774 to these trained persons would all be new carriers in the first year and $4,224 each create the required one-engine- hires and paid annual salaries of year thereafter. inoperative-en-route-net-flight-path data $12,000. One commenter from Alaska FAA Response: The FAA disagrees which do not exist for any 10-to-19-seat opposes the requirement for flight with this commenter and believes that airplanes. Another commenter reports attendants at the gate. The commenter the commenter misunderstood the that these flight data are not included in states that both crewmembers on the 10- requirements of this proposed section. the FAA approved airplane flight to-19 seat airplanes would need to assist There is no current or proposed manual. in the loading and unloading process, requirement to translate any passenger FAA Response: The FAA concurs and hence neither could stay on board information cards into any other with these commenters and has adopted with passengers. Furthermore, the language. In addition, the industry the commenter’s cost estimate. commenter states that deplaning average for passenger information cards Cargo Compartment Smoke Detector passengers would not be a viable option is three years, so the FAA will use the and Fire Extinguishing Systems and because airports in Alaska do not have NPRM costs. Cargo Compartment Liners. Two commenters report a per-airplane cost of the proper facilities. Therefore, the 3. Certification commenter states that a trained $15,230 to $15,580 to install smoke substitute would have to stay on board Performance Criteria. Of seven detectors and fire extinguishers in the the airplane with the passengers 100% comments received, only one cargo compartments of newly- of the time. The commenter states that manufacturer provided cost manufactured 10-to-19-seat airplanes. the FAA has also underestimated the information. This manufacturer reports The commenter also reports a per- training costs and wage costs so that this that, for their part 23 commuter category airplane-retrofitting cost of $17,420; a requirement would cost about $2.9 certificated airplanes, there would be no one-time cost of $85,400 for million each year for all of the Alaska compliance costs. However, for their engineering, designing, testing, and commuter air carriers to comply. SFAR 41C certificated airplanes, paperwork for FAA approval; and 32 FAA Response: The FAA disagrees developing the data needed to comply lbs. of added weight to each airplane. with these commenters. The authorized with the part 121 requirements for The commenter also reports a per- personnel would need to be trained, obstacle clearance and for accelerate- airplane cost for cargo and baggage reliable, and have a low turnover rate; stop would be $3,000 per airplane for compartment liners of $13,000 for a an annual salary of $12,000 would not obstacle clearance and $2,500 per retrofit; $10,420 for a newly- be high enough to attract such people. airplane for accelerate stop. For their manufactured airplane; a $463,950 cost These airplanes typically fly only pre-SFAR 41C airplanes, it would be for a one-time engineering, designing, during the summer months so $63,000 per airplane to develop testing, and paperwork to obtain FAA passengers can be deplaned. The FAA performance data for obstacle clearance approval cost; and 9 lbs. of additional contends that one of the crewmembers and $145,000 per airplane to develop weight. Another commenter reports a can stay on board the airplane some of anti-skid data, to purchase and install per airplane cost of $26,400 and a the time; loading and unloading anti-skid systems, and to incur the 35 lb. weight of 15 lbs. This commenter also responsibilities can often times be weight penalty for accelerate-stop. notes that the NPRM did not propose accomplished with one crewmember. FAA Response: In the Notice, the FAA any retrofitting. The final rule has been changed to allow stated that all part 135 scheduled FAA Response: The FAA disagrees a crewmember to stay on or in close airplanes would be able to meet these with the commenter. The FAA proposal proximity to the airplane to comply performance criteria and that the only would only apply to newly- with this requirement. The FAA does cost would be a $5,000 per type manufactured airplanes beginning four not believe it is likely that air carriers certificate to provide the data and obtain years after the effective date. Thus, there 65894 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations would be no retrofit costs. (After $16,000 for engineering, developing, espoused in the performance additional analysis, the FAA has testing, and installing, plus an annual requirements. On that basis, the final decided that this topic needs to be $1,600 inspection, maintenance, and rule will have a 15-year retrofit specifically addressed in a separate repair cost. The FAA also did not compliance period for affected 10–19 rulemaking. Thus, there would be no estimate any additional weight for this seat airplanes and predecessor category. compliance costs for this in the device. However, after further technical Lavatory Fire Protection. Concerning commuter rule.) review, the FAA concludes that none of 10-to-19 seat airplanes, two Landing Gear Aural Warning. Two these airplane models (except the Beech manufacturer commenters state that manufacturers and one operator report 99) would need a takeoff warning very few of their airplanes had that all of their 10-to-19-seat airplanes system because a takeoff with a device lavatories. For those few that do, one have aural landing gear warnings. Two in the most adverse position does not manufacturer reports that installing a of these commenters report no create a hazardous condition. For the lavatory smoke detector and a built-in compliance cost. The other commenter Beech 99, that problem was resolved automatic fire extinguisher in each reports a one-time manufacturer’s cost when the FAA issued an Airworthiness lavatory-waste receptacle would cost of $2,620 to obtain FAA approval of the Directive (AD) requiring these airplanes $59,200 per retrofit, $8,800 for a newly flight-manual changes. to install a takeoff warning system. manufactured airplane, and would FAA Response: The FAA disagrees Thus, there are no compliance costs weigh 10 lbs. The other commenter with the commenter who reported a associated with this requirement. reports it would cost $8,350 for a one-time cost because the presence of Third-Attitude Indicator. Two retrofit, $7,800 for a newly- the aural warning device in existing commenters report that there would be manufactured airplane, involve a one- airplanes means that this equipment no compliance cost for newly- time engineering cost of $49,000, and was already included and approved in manufactured airplanes because third would increase each airplane’s weight the airplane flight manual. As the FAA attitude indicators are standard by 16 lbs. Another commenter reports believes that all affected airplanes equipment. One of these commenters that a retrofit would cost $725. already employ an aural warning reports that there would be a $1,500 Concerning 20-to-30-seat airplanes, system, there are no compliance costs. one-time manufacturer’s paperwork cost two manufacturer commenters report Ditching Approval. There were five to obtain FAA approval to changes in that it would cost $4,000 to retrofit their commenters who addressed this issue. the flight manual. The same commenter airplane lavatories. One of these One commenter reports a $7,430 cost for reports that it would cost $10,865 to commenters also states that only one its DeHavilland Twin Otters to comply retrofit an airplane. The other half of the newly manufactured with this provision. Another commenter commenter reports that the per-airplane- airplanes with lavatories have these reports that it would be impossible for retrofit cost would be between $40,600 devices. Two airlines and one the Twin Otter to comply with the for a Beech 1900C and $48,800 for a association report that it would cost ditching requirement due to its fixed Beech 99, and that a third-attitude $2,500 to retrofit their airplane landing gear; also the commenter says indicator would weigh 15 lbs. An lavatories. One of the airlines reports that other airplane operators would airplane operator reports that it would that these devices would weigh 20 lbs. incur a $180 per airplane paperwork cost $40,000 per airplane to retrofit its FAA Response: Section 121.308(a) cost to demonstrate compliance. Beech 1900Cs. Another airplane requires each lavatory to have a smoke Another commenter reports that the operator reports that it would cost detector system connected to either: (1) costs would be extremely high. Two $17,000 per airplane to retrofit its A warning light in the flight deck; or (2) commenters report that there would be DeHavilland Twin Otters. Finally, a a warning light or an aural warning in a $1,500 one-time paperwork cost to commenter reports that it would cost the passenger cabin that can be readily demonstrate compliance to the FAA for $53,170 per airplane to retrofit detected by a flight attendant. Section revision of the approved flight manual. airplanes. In addition to the reported 121.308(b) requires each lavatory to FAA Response: The FAA agrees with costs, the commenter states that there have a built-in automatic fire the commenters. For the final rule, the was insufficient time for operators to extinguisher in each waste-disposal compliance period will be extended to retrofit these airplanes within the one- receptacle in the lavatory. These 15 years. Thus, the potential cost of year period proposed by the NPRM. requirements are also found in section compliance will be minimal. FAA Response: The FAA estimates 25.854 but only for airplanes type Take-Off Warning System. One that the per airplane cost would be certificated after 1991. There are no manufacturer reports that the per $16,000 for a retrofit and $8,000 for a similar provisions in part 135 or part 23. airplane cost to install take-off warning newly-manufactured airplane. The In reviewing these comments for the devices would be $24,920 on a newly- annual maintenance, inspection, and 20-to-30-seat airplanes, the FAA manufactured airplane; $26,500 for a repair costs would be 10 percent of the believes, although these commenters retrofit; and $150,260 for a one-time retrofitting costs. The third-attitude did not document the sources for their engineering, development, testing, and indicator and wiring would weigh 5 lbs. estimates, that these estimates appear to FAA-approval cost. Also, these devices Based on the manufacturer information, be based on the cost of a flight deck would weigh 5 lbs. Another commenter this device has been installed on all warning light system, which would reports that it would cost $12,600 per turbo-jet and commuter category involve some airplane rewiring. airplane to install a 2 lb. take-off airplanes. However, the FAA’s estimate is based warning device on a newly The FAA contends that its cost on the operator electing the second manufactured airplane. One commenter estimates in the NPRM are valid. option allowed in the proposed rule—an reports that it would cost $11,350 per However, the FAA accepts the comment aural warning device that could be airplane to install a take-off warning that the additional weight would be 15 heard by the flight attendant. That device on a newly manufactured lbs. After additional analysis, and in option is clearly the cost-effective airplane. light of the potential high-costs of this option for 20-to-30-seat airplanes that FAA Response: The FAA estimates proposal, the FAA believes that this are required to have a flight attendant. that the per airplane cost for a newly requirement should be handled These provisions are largely manufactured airplane would be consistently with the principle unimportant for the 10-to-19-seat Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65895 airplanes because very few have a 10 lbs. This commenter also proposes an that total cost estimate for all lighting lavatory. In fact, one manufacturer alternative interior lighting of the exit required by Section 121.310 was $2,500, reported that none of their airplanes and exterior emergency exit lighting as the FAA reevaluated its exterior- operating in the U.S. has one. The FAA a substitute for the full-scale floor lighting-cost estimate. After additional believes that the reported costs for these proximity and exterior emergency exit analysis, the FAA agrees with these individual airplanes are so large because lighting in the NPRM. This alternative commenters that the earlier FAA costs any costs to engineer, design, and test lighting system is required for their severely underestimated the retrofitting would be distributed over so few airplanes in Great Britain. But this and new installation costs. As a result, airplanes. However, for those few 10-to- commenter did not report the cost of the FAA determines that 10-to-19-seat 19-seat airplanes that do have a their proposed alternative. A third airplanes would not be required to meet lavatory, the FAA changed this rule to manufacturer commenter reports that it these lighting requirements in 121.310. allow an aural warning system that can would cost $8,000 for a retrofit. One air Exterior Emergency Exit Marking. One be heard by the flight crew. On that carrier commenter reports that it would manufacturer commenter reports that it basis, the FAA determined that it would cost about $17,700 to retrofit its would cost between $350 and $650 for cost about $175 to retrofit or to install DeHavilland Twin Otters. Another air an airplane operator to install these in a newly manufactured airplane a 5 lb. carrier commenter reports that it would markings on the exterior of the aural smoke detector that requires $50 a cost $26,800 to retrofit its Beech 1900Cs emergency exits. One association year in maintenance and inspection and and $22,800 to retrofit its Jetstream 31s commenter reports that it would cost $15 a year for replacement batteries. The and Beech 1900Ds. One association $74 to install these markings. Neither FAA also determined that it would cost reports that it would cost between commenter discusses the number of $300 to retrofit a 5 lb. receptacle $20,000 and $50,000 for a retrofit. A airplanes that would need to have these automatic fire extinguisher that requires second association reports it would cost markings installed. $75 a year in maintenance and $11,000 for a retrofit. A third association FAA Response: The FAA estimated inspection and $50 a year for reports it would cost $19,000 for a that about 10 percent of the 10-to-19- recharging. These costs are $50 a year retrofit. Finally, an aviation consultant seat airplanes would need to comply more than the costs estimated in the group reports it would cost $8,000 for a with this requirement at a cost of $100 NPRM. retrofit. per airplane. However, the FAA notes The FAA also estimates that half of FAA Response: The FAA estimates that this section is identical to Section the 272 existing 20-to-30 seat airplanes that the cost to comply with the 135.178(g). As a result, there are no certificated before 1991 did not have emergency lighting requirements in compliance costs. these devices whereas 90 percent of the 121.310 would be $2,500 to retrofit Pilot Shoulder Harnesses. One newly-manufactured airplanes have existing airplanes and $2,000 to install manufacturer commenter reports that them. The FAA accepts the commenter’s in newly-manufactured airplanes. After even though all of their airplanes are statement that only half of these newly- additional analysis, the FAA agrees with now manufactured with the single point manufactured airplanes have these these commenters that the earlier FAA pilot shoulder harness, they would still devices. costs severely underestimated the incur a $22,500 one-time cost— Emergency Exit Marking. One retrofitting and new installation costs. presumably to obtain FAA approval for manufacturer reports that installing an As a result, the FAA determines that 10- inclusion in the flight manual. One emergency exit marking light would to-19-seat airplanes would not be association commenter reports that it cost $11,050 for a retrofit, $9,100 for a required to meet these lighting would cost $440 to retrofit a single point newly manufactured airplane, and requirements in 121.310. shoulder harness. would involve a one-time Emergency Exit Exterior Lighting. One FAA Response: The FAA did not manufacturing cost of $87,280 to manufacturer commenter reports that estimate any cost for this provision engineer, design, test, and obtain FAA the per airplane cost would be $13,400 because the proposal did not require approval for this device. to install a 15 lb. emergency exit retrofitting and the FAA was informed FAA Response: The cost of this exterior lighting system on a newly by industry that the single point inertial provision was a part of the FAA’s manufactured airplane and $17,950 for harness for pilots is standard equipment estimated emergency lighting cost. After a retrofit. In addition, they report a one- on all currently-manufactured airplanes. additional analysis, the FAA believes time engineering, design, testing, and Thus, the FAA determines that there is that given the passenger’s close paperwork for FAA approval cost of no compliance cost. proximity to emergency exits and the $64,525. However, as noted in the The FAA disagrees with the high cost of complying with the lighting previous section, their suggested commenter who reported a one-time requirements, affected airplanes will not alternative to floor proximity lighting manufacturer’s cost because this be required to comply with certain would also contain an exterior equipment is already in airplanes and, lighting provisions in 121.310. emergency lighting capability. Another hence, approved in the airplane flight Floor Proximity Lighting. One manufacturer commenter reports that manual. manufacturer commenter reports that the per airplane cost would be $11,800 Interior Panel Heat and Smoke installing emergency floor proximity to install a 12 lb. emergency exit Release Standards. There were two lighting would cost between $27,600 exterior lighting system on a newly commenters on this issue. One and $36,000 for a retrofit, $20,800 for a manufactured airplane and $17,250 to manufacturer commenter reports that newly manufactured airplane, and the $23,550 for a retrofit. One air carrier the per airplane cost for requiring the installed lighting would weigh 12 lbs. A reports that it would cost $9,400 per more stringent fireproofing material for second manufacturer commenter reports airplane to retrofit its DeHavilland Twin cabin interiors would be $77,550 for a that it would cost $19,000 for a retrofit; Otters. Another air carrier reports that it retrofit, $67,500 for a new installation, $15,000 for a newly manufactured would cost $16,640 to retrofit its Beech and there would be a one-time airplane; there would be a one-time 1990Cs, 1900Ds, and its Jetstream 31s. engineering, designing, testing, engineering, developing, testing, and FAA Response: The FAA provided retooling, and obtaining FAA approval obtaining FAA approval cost of $52,650, one aggregated cost estimate for the cost of $627,910. Another manufacturer and the installed lighting would weigh emergency lighting system. However, as commenter reports that it would cost 65896 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

$90,000 per airplane to install in a airplanes. After additional analysis, the between $1,500 and $25,000 per newly manufactured airplane and also FAA finds that, for the final rule, a 15- airplane for a retrofit. notes that the Notice did not propose a year compliance period is appropriate FAA Response: Based on information retrofit. It should be noted that the for 10-to-19-seat airplanes. contained in the Draft Regulatory commenter’s methodology averages any ‘‘Fasten Seat Belt’’ Lighted Sign. Evaluation to the FAR/JAR one-time engineering and development There were two commenters on this Harmonization, the FAA had estimated costs into the expected number of future issue. One manufacturer reports that that the per airplane costs would be sales of the Beech 1900D. installing a fasten seat belt light would $500 for a retrofit and $250 for a newly- FAA Response: The FAA disagrees cost between $3,025 and $4,000 for a manufactured airplane. After review of with the commenters. Manufacturers retrofit and $1,600 for a newly these comments, the FAA has revised would only have to comply with the manufactured airplane. One association these cost estimates to $4,000 for a existing type-certification standard. reports that it would cost $11,000 per retrofit, $2,000 for installation on a Therefore, there would be no airplane. newly manufactured airplane, and an compliance cost. FAA Response: The FAA had not additional 5 lbs. of weight to the Passenger Seat Cushion Flammability. estimated any compliance costs for airplane. There were eight commenters on this section 121.317(b) because it was Power Distribution System. One issue. One manufacturer commenter believed that commuter airplanes had commenter reports that Section reports that the per airplane cost would these signs. However, after additional 121.313(c) requires a power supply and be $11,250 to retrofit one of its airplanes analysis, the FAA determines that a distribution system that meets the with fire-blocked-seat cushions; $10,250 placard and a pre-flight briefing provide requirements of six sections of Part 25. per airplane to install in a newly an equivalent level of safety to a lighted They state that this would require a manufactured airplane; there would be sign. As these are industry practices, major redesign of their airplanes’ a one-time engineering, design, testing, there is no compliance cost. electrical power distribution system. and FAA-approval costs of $85,415; and Wing Ice Light. There were two They report a per airplane cost of it would add 20 lbs. A second comments on this issue. One $15,605 for a retrofit, $12,660 for a manufacturer commenter reports that manufacturer reports that there would newly manufactured airplane, and a the per airplane cost would be between be no compliance costs for any of their one-time engineering, design, testing, $20,000 and $22,600 for a retrofit; airplanes. One association reports that it and paperwork for FAA approval of $3,400 in newly manufactured would cost $11,000 to install wing ice $156,256. airplanes; and would weigh 38 lbs. One lights on its members’ airplanes. FAA Response: The FAA disagrees air carrier reports that the per airplane FAA Response: In the Notice, the FAA with this commenter. They did not cost would be $12,600 to retrofit its did not estimate any costs for this notice that the further text in part Beech 1900Cs and $4,000 to retrofit its provision because the provision states 121.313(c) reads ‘‘* * * or that is able Beech 1900Ds and Jetstream 31s. ‘‘No person may operate an airplane in to produce and distribute the load for Another air carrier reports that the per icing conditions at night unless means the required instruments and airplane cost would be $35,000 to are provided for illuminating or equipment, * * *’’ The requirement retrofit its DeHavilland Twin Otters. otherwise determining the formation of allows the use of a power supply and Another air carrier reports that the per ice on the parts of the wings that are distribution system that has been shown airplane cost would be $20,000 to critical from the standpoint of ice to perform its functions. Thus, retrofit its fleet. Three associations accumulation.’’ The FAA holds that all compliance can be established by means report that the per airplane retrofitting of the airplanes have either the wing ice other than part 25. As a result, there are costs would range from $20,000, lights or an acceptable alternative no compliance costs. $42,950, and $50,000. method for determining the icing Out-of-Service Time to Install FAA Response: The FAA estimated accumulation on the wings. As a result, Airplane Equipment. Four commenters that the per-airplane-incremental cost there is no compliance cost. note that the FAA failed to include the would be $20,000 to retrofit fire- Pitot Heat Indication. There were five cost for the additional out-of-service blocked-seat cushions, $5,000 to install commenters on this issue. One time that will be needed to install all the these seat cushions on newly- manufacturer reports that the per- equipment required to comply with the manufactured airplanes, and $10,000 to airplane cost would be $9,250 to retrofit proposal. Although no exact costs were replace these seat cushions on airplanes pitot heat indication tubes, $10,600 to provided, these commenters assert that that have fire-blocked-seat cushions. An install on a newly-manufactured this time out of service would result in additional cost would be the 38 lbs. of airplane, there would be a one-time cost a substantial revenue loss. weight these seats add to the airplane. to apply, engineer, design, and test of FAA Response: Even though the FAA The FAA acknowledges the fact that $31,670; and it would weigh 4 lbs. attempted to design the proposed rule to different airplanes would have different Another manufacturer commenter minimize out-of-service time, the retrofitting and new installation costs. reports that it would cost between agency agrees with these commenters After additional analysis, the FAA $3,000 and $5,700 per airplane to that there would be some out-of-service accepts the manufacturer commenters’ retrofit its models no longer in time for some of the affected airplanes. cost estimates for their airplanes as well production and it would weigh 1 lb. However, as a result of the changes from as accepts the air carrier estimates This commenter also reports that all of the NPRM to the final rule, the FAA provided for the DeHavilland Twin its currently manufactured airplanes contends that all of the required Otter and the Jetstream 31. For the other have pitot heat indication systems. One equipment by the final rule can be types of airplanes that would need to be air carrier reports it would cost $1,650 installed during regularly scheduled retrofitted, the FAA uses an average of to retrofit its DeHavilland Twin Otters maintenance and there will be no these reported retrofitting costs with pitot heat indication tubes. One additional out-of-service time. weighted by the number of each type of association reports that it would cost its this airplane still in service. The FAA members $11,000 per airplane for a 4. Maintenance also accepts the commenters weight retrofit while another association The Alaska Air Carriers Association estimates for each of their own reports that it would cost its members (AACA), citing the uniqueness of the Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65897

Alaskan operating environment and the Maintenance Recordkeeping relative to the FAA’s estimate to absolute necessity of air travel in Requirements (Recording). The AACA develop or revise and upgrade the Alaska, notes that most Alaskan also criticizes the FAA’s estimate of a CAMP ($105,000) as a result of the operators utilize mixed fleets and one-time cost for compliance with the commuter rule. employ maintenance personnel who commuter rule’s maintenance FAA Response: The FAA does not work on all airplanes in such mixed provisions. The AACA maintains that concur with the commenter’s estimate. fleets. The AACA maintains that the one-time cost is underestimated and The FAA maintains that nearly all requiring the scheduling of maintenance that there would be on-going operators of airplanes with 10-to-19- or personnel according to part 121 maintenance recordkeeping costs. 20-to-30-seat configurations regardless standards would place an additional FAA Response: The FAA concurs and of whether operating under part 121 or administrative burden and financial has adjusted its original maintenance part 135, are either conducting their compliance cost on air carriers at cost estimates accordingly. In this scheduled maintenance under an locations with limited personnel and instance, however, the FAA has approved CAMP or have adopted a mixed fleets. The AACA contends that apportioned the added required CAMP as the basic guideline for their the part 121 specification of maintenance recordkeeping costs scheduled maintenance. As a maintenance personnel duty time between 10-to-19-seat and 20-to-30-seat consequence, the FAA based its original limitations would require the air carrier airplanes for the total domestic estimates on the cost associated with the either to develop and apply separate commuter industry. minimum editorial changes to operators’ work schedules for part 121 and part Maintenance Recordkeeping CAMP’s necessitated by the commuter 135 mechanics or to hire additional Requirements (Records Transfer). One rule. mechanics. commenter objects to the proposed The FAA however, has adjusted its FAA Response: With few exceptions, change requiring engine and propeller maintenance cost estimates for the FAA agrees with the commenters. total time in service to be added to the recordkeeping requirements based on Part 121 requires 24 hours off during list of required recorded items. the comments already discussed and any 7 consecutive days; part 135 makes Typically, under part 121, only the total detailed above. The FAA believes the no such provision. In its original hours in service of an airplane’s costs described by the commenter are assessment of maintenance and airframe is transferred information on costs associated with the new preventive maintenance personnel duty older airplanes because operators have recordkeeping requirements, not time limitations, the FAA assumed the not been required to retain engine and administrative costs associated with the issue to be non-controversial; the propeller time in service data. modifications to existing CAMP’s. According to the commenter, this existence of union work rules, 5. Part 119 Department of Labor regulations and the change would necessitate operators of generally accepted notion of a ‘‘day of older 121 airplanes to undergo an Single-Engine Airplanes. Several rest’’ were believed to be sufficient to extensive search of maintenance records commenters state that the NPRM cost accomplish the same result. As a to determine the historical times on the estimates for not allowing a passenger to consequence, the FAA did not assess engine and propeller if such data is sit in the co-pilot seat on a single-engine any costs associated with the burden of available at all. Otter are understated. One commenter scheduling and providing a day of rest FAA Response: The FAA concurs states that the data the FAA used was for part 135 mechanics as is required with the commenter. The adoption of based on national averages while all of under part 121 where operators must part 135 wording imposes the more the airplanes in question are located in ensure adequate rest for their comprehensive part 135 maintenance Alaska. The commenters also state that mechanics. recording requirements on part 121 the load factors and operating costs in The FAA maintains that mechanics, operators and this might require an Alaska are much higher than the rest of similar to pilots and flight attendants, extensive search of maintenance records the country. must receive adequate rest in order to with some additional cost to an operator FAA Response: The FAA agrees with perform their duties properly and that of older part 121 airplanes. The FAA, the commenters and will not prohibit the minimum standard required under however, believes that any additional qualified (as prescribed by § 135.113) part 121 would ensure that the cost as a result of such a search would single-engine airplanes, namely single- opportunity for rest is provided. The be minimal and has been taken into engine Otters, from carrying a revenue FAA, however, concurs with the AACA account with the cost adjustment passenger in the copilot seat. that the extending of duty time provided under the maintenance Proving Tests. Several commenters limitations to the Alaskan operators of recordkeeping requirements for suggest that for operators who are mixed fleets utilizing maintenance recording addressed in an earlier switching from part 135 to part 121, the personnel under both parts 121 and 135 comment. The FAA believes that the FAA should allow proving tests on would be an additional cost burden. additional cost would be minimal revenue flights. Other commenters Therefore, based on cost information because only seven existing part 121 contend that since the airplanes they are provided by the AACA, the FAA has operators of older propeller-driven using and the routes they are flying are adjusted its original maintenance cost airplanes would be affected by the new not changing, the FAA should not estimates accordingly. The adjustment requirement. Typically, most part 135 require a proving test. Still other is two-fold: 1) the full cost burden operators utilizing propeller-driven commenters state that the FAA’s inclusive of potential added labor costs airplanes already retain engine- and estimate of $437 hourly airplane were estimated for Alaskan 10–19 seat propeller-total-time-in-service data and operating costs was too low. (This rate category air carriers; and 2) the most part 121 operators utilize jet- includes crew, maintenance, and fuel administrative maintenance personnel driven airplanes. costs.) The commenters’ estimates range scheduling costs without the labor cost Continuous Airworthiness from $750 to $1,050 per hour versus the factor were estimated for the remainder Maintenance Program (CAMP). One FAA’s average estimate of $483 per hour of the 10-to-19-seat non-Alaskan commenter estimates that the cost for 20-to-30-seat airplanes and $463 per commuter fleet as well as the 20-to-30- associated with the CAMP was hour for 10-to-19-seat airplanes. Finally, seat commuter fleet. considerably greater ($1.6 million) some part 135 operators commented 65898 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations that they already meet many of the part ‘‘commuter operations’’. The existing requirements that could have prevented 121 requirements and should not have requirement defines a commuter as one them. Thus, for the NPRM, the FAA to have a proving test. conducting five or more scheduled contends that a general broad based FAA Response: For most part 135 round-trips per week. This allows on- accident rate is more appropriate. operators, the biggest affect the NPRM demand operators to conduct up to four The FAA agrees that the historic would have on them would be the scheduled operations per week. The accident rate for part 135 operators has establishment of a dispatch system. commenters provide only general declined. However, that rate is still Thus, for some operators, the FAA comments that the new definition consistently higher than commuter-type could devise tests that would entail only would impose costs. operations under part 121. In the NPRM, limited in-flight proving tests. This FAA Response: The FAA agrees with the FAA acknowledged that in some could be done almost entirely from the the commenters that the frequency of respects the part 135 accident rate is operator’s dispatch center. For the operations test in part 135 should higher due to some inherent differences initial upgrade to part 121, the FAA will remain. in part 135 and part 121 commuter-type not require compliance with the initial 6. Benefits operations. In other respects, the part airplane proving tests requirements of 135 rate is higher because those Section 121.163(a) for airplanes already The comments received on the operators follow a different and less estimated benefits mostly pertained to used by the affected commuters in Part stringent set of safety rules than part the FAA’s use of a general-accident-rate 135 operations. 121. The FAA contends that much of approach to estimating benefits. The As for the hourly airplane operating the gap in the accident rate could be commenters object to the FAA’s use of cost, some of the commenters provided closed if all commercial passenger- a broad-based accident rate rather than hourly-charter rates. However, the cost carrying operators adhered to the higher identifying specific historic accidents of the rule would not necessitate that part 121 standards of safety. operators give up a revenue or charter that the NPRM could have prevented. flight to complete the proving test. Other commenters note that the FAA 7. Other Areas of Interest deviated from its usual method of Therefore, the cost of the rule would be Projected Ticket Prices. Several calculating benefits. This method is to only the direct operating cost of the commenters state that the projected identify specific types of accidents airplane based on a direct operating cost ticket price increases of $1.91 and $.68, (based on the historical record) that rate and not the charter rate. The FAA’s respectively for 10-to-19- and 20-to-30- would be prevented by a corresponding estimate was consistent with estimates seat airplanes is far off. Commenters requirement of the proposed rule. Also, provided by several airplane from Alaska presented the strongest manufacturers. commenters indicate that the commuter disapproval of FAA’s projected ticket- Management Personnel. One accident rate has been declining over price estimates. commenter says that a number of their the past several years thereby making management personnel would not meet much of the rule unnecessary. Finally, FAA Response: The FAA’s cost the new criteria and that they would commenters note that most of the estimates of $1.91 and $.68 were not far have to hire all new personnel or a accidents involved pilot error, which is off because most of the commenters’ consultant. Other commenters argue not being addressed by the NPRM. higher costs claims did not have merit. that existing personnel should be FAA Response: The FAA agrees that Except for some commenters from ‘‘grandfathered in’’ under the final rule. most of the historic accidents involved Alaska, the FAA did not receive any Another commenter says that the pilot error. However, many of the pilot direct-cost comments related to these requirement for part 121 operators that error accidents were the result of the two estimates. Since these two cost a director of maintenance have five pilot’s improper response to an estimates were based on the total cost of years of experience within the past five emergency situation. An example of this compliance for the proposed rule, they years excludes people who may have would be an accident where an airplane would only change if there were a not worked for an extended period experiences some mechanical problem change in costs for the commuter rule. during a job search. or adverse weather and the pilot fails to The FAA reviewed all of the cost FAA Response: The FAA contends follow the appropriate corrective comments submitted on the proposed that most currently employed directors procedures to prevent the accident. rule and rejected the vast majority of meet the new standards. However, for Even if the accident could not have been them due to the comments’ failure to those directors who do not, section prevented, the pilot may have reacted in substantiate their claims of higher costs. 119.67(e) allows for operators to request such a way that the damage or casualties In terms of the comments received deviation for the continued employment were not mitigated to the extent that from Alaskan operators, the FAA agrees of those directors. The FAA anticipates they could have been. that their costs would be higher than that operators whose directors do not The FAA used a general or broad- $1.91 and $.68, respectively. It is meet the new requirements would based accident rate because the scope of important to note that these projected request deviation. the NPRM was broad, encompassing a ticket price increases represent averages In addition, the FAA agrees that the wide range of safety issues from over the 10-year period. They are based five years experience within five years certification, operations, cabin safety, on the cost of compliance for each of the places an unnecessary burden on those maintenance, etc. Similarly, the types of 10 years, summed over the period, and directors who may have extended accidents the NPRM would prevent are divided by the number of years. periods of unemployment within the also broad, based on a wide range of Therefore, if particular operators were to five year period prior to being hired. probable causes of historic accidents. incur disproportionate higher costs, Thus, the FAA is changing the For most of the accidents, the FAA they would be expected to pass those requirement to three years of experience could not determine if any one costs on, to the extent possible, in the in the past six years. requirement of the NPRM alone could form of higher ticket prices. Ticket price Definition of Commuter Air Carrier. have prevented or mitigated the increases would be highest for all Several commenters disagree with the accident. This made it very difficult to impacted operators during the first two FAA’s proposal to remove the frequency divide the various probable causes of to three years and decrease gradually of operation from the definition of a the accidents to the various thereafter. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65899

After accepting some of the cost trade. In conducting these analyses, the does not specifically impose any costs; comments and making adjustments for FAA has determined that this Final Rule or (4) certain requirements of part 135 changes in performance and certain will generate benefits that justify its would be incorporated into part 121 equipment requirements, the commuter costs and is ‘‘a significant regulatory without change. Those part 121 sections rule is estimated to cost $118 million (as action’’ as defined in the Executive without costs are described in the full opposed to $275 million in the NPRM). Order. The FAA estimates, however, evaluation under each of the areas for Based on this estimate, the average that the final rule will not have a which they apply. While not shown in annual per ticket price increase for each significant economic impact on a this summary evaluation, it is important of the two airplane-seat categories, over substantial number of small entities. No to note that 10 of the sections in the the next 15 years, will be far less than part of the final rule will constitute a final rule were identified as having the original estimates. barrier to international trade. These negligible costs. These negligible costs, analyses, available in the docket, are VIII. Regulatory Evaluation Summary summarized below. even when combined, will not be Changes to Federal regulations must significant. A. Sections Without Cost Impacts undergo several economic analyses. B. Sections With Cost Impact First, Executive Order 12866 directs that Those part 121 sections that the FAA each Federal agency shall propose or has determined will not impose The rule will impose costs on part 135 adopt a regulation only upon a reasoned additional costs on part 135 commuter operators with 10-to-30-seat airplanes. determination that the benefits of the operators are not described in this The FAA estimates the total cost of the intended regulation justify its costs. summary evaluation. Each of those part rule will be $117.80 million over the Second, the Regulatory Flexibility Act 121 sections will not impose costs for next 15 years in 1994 dollars, with a of 1980 requires agencies to analyze the one of the following reasons: (1) Current present value of $75.19 million (7 economic effect of regulatory changes practice is identical or very similar to percent discount rate). The total on small entities. Third, the Office of the new requirement; (2) the new potential costs for 10-to-19- and 20-to- Management and Budget directs requirement represents minor 30-seat airplanes are presented in the agencies to assess the effect of procedural changes; (3) the section following areas: regulatory changes on international determines general applicability and

10±19 20±30 Present seats seats Total cost value

Operations ...... $48.32 $24.87 $73.19 $46.18 Maintenance ...... 12.93 5.26 18.19 11.93 Cabin Safety ...... 5.99 5.58 11.57 8.20 Part 119 ...... 2.73 0.63 3.36 2.30 Certification ...... 10.39 1.10 11.49 6.58

Total ...... $80.36 $37.44 $117.80 $75.19

Based on the $80.36 million figure requirements will total $73.19 million temperature conditions. This is done by shown above, the FAA estimates that, ($46.18 million, present value). The cost conducting performance analyses for on average over the next 15 years, the items, by section, are provided below. each airplane type at the airport it price of a one-way airline ticket will Section 121.97: Airports Required intends to operate. To achieve this increase by $0.62 for affected operators Data. Each domestic and flag air carrier objective, operators typically hire a with 10-to-19-seat airplanes. Similarly, must show that each route it submits for contractor to perform obstacle-location based on the $37.44 million figure, the approval has enough airports that are and height surveys. The contractor uses ticket price will increase by $0.30 for properly equipped and adequate for the the airplane’s flight-manual- affected operators with 20-to-30-seat proposed operation. Consideration is performance data to assess flap settings airplanes. given items as size, surface, and runway-end capability for a It is important to note that the total obstructions, etc. In short, this particular airport for information related cost per airplane in each of the first four requirement will ensure that in the to takeoff-run-acceleration distance, years of the rule sheds light on the event of a single-engine failure each runway length, anti-skid, etc. initial compliance costs. These costs per operator’s airplane type (regardless of The typical contractor fee is $20 per airplane are as follows: the number of airplanes) can either stop runway. For example, ABC airlines is a at the end of the runway or, if it commuter operator with 5 types of 10-to-19- 20-to-30- continues to fly, can safely clear all of seat seat airplanes that it wishes to operate at airplanes airplanes the obstacles in the flight path. airports in 10 cities. Each city has an To estimate the potential cost of this airport with 10 runways. The operator, 1996 ...... $19,400 $21,900 requirement, the FAA contacted several however, only intends to use two 1997 ...... 7,600 6,600 commuter operators. According to these runways per airport in each of the 10 1998 ...... 7,000 6,300 1999 ...... 7,200 5,900 operators, the potential cost of cities. The cost performing the needed compliance is based on performance- obstacle performance data analyses is obstacle-data analyses for airplane types $2,000 ($20 per runway ×10 airports ×2 1. Operations at particular airports. To ensure that the runways per airport ×5 airplane types). This section of the regulatory performance objective will be met, While this is a simple example of evaluation examines the costs of the operators are required to make certain estimating a fictitious operator’s changes with regard to operations. that the maximum-allowable-takeoff potential cost of compliance, it sheds Fifteen-year costs for operations weight is always achieved under certain light on the difficulty of deriving such 65900 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations costs reliably. Although reliable percentage of contacts per annual commuter fleet. This scenario will result information is available on the cost of departures for each airplane in an in estimated costs of $18.9 million contractor conducted obstacle- operator’s fleet. Based on information ($11.5 million, present value) over the performance-data analyses, the same contained in the Regional Airlines next 15 years. This cost estimate also reliability does not apply to the number Association’s Annual Report for 1994, recognizes that the number of contacts of runways or airports commuter each airplane in the U.S. commuter fleet will be lower because pilots typically operators will use. Potential costs for makes an average of 5.68 departures per contact ATC for information related this requirement cannot be estimated day or 2,074 annually. The number of primarily to weather and air traffic reliably without knowing what airports, airplanes with 10 to 30 seats in the U.S. delays. Therefore, this evaluation runways, and the types of airplanes commuter fleet is projected to range assumes only 10 percent of the operators will use. It is for this reason from 950 in 1996 to 1,099 in 2010. commuter airplane departures, by that this section of the evaluation Initially for this evaluation, the FAA operators without dual operations contains no estimate for costs. Despite assumed at least one contact per specifications, will engage in contacts this situation, the FAA contends that departure. Multiplying the 2,074 annual via ARINC or similar service. this requirement is an important departures times the $14 contact fee Section 121.135—Contents of Manual. element in achieving the one-level-of- gives the total potential contact cost of This section will require an extensive safety objective. $445 million ($269 million, present) list of manual contents for operators. Section 121.99: Communications over the next 15 years. In realistic terms, Unlike part 135, part 121 requires more Facilities. Currently, this section however, this cost estimate is too high detailed instructions to flight and requires each domestic and flag air because it does not reflect the actual ground personnel, including dispatch carrier to show availability of a two-way practice in industry. According to procedures, airport information, and air/ground radio communication system several operators, contacts via ARINC or approach procedures. The manuals of at points that will ensure reliable and a similar service would only be made part 121 operators are, on average, three rapid communications, under normal during emergency situations (for times as voluminous as those of part 135 operating conditions over the entire example, flight delays, inclement operators. Thus, compliance with the route (either direct or via approved weather, etc.). Within an average radius final rule will result in major rewrites of point-to-point circuits). Each carrier also of 50 nautical miles, contacts can be manuals. Based on cost information must show that the system is accessible made directly between the airplane pilot received from industry, affected between each airplane and appropriate and the home dispatcher, without the operators will spend an additional dispatch office, and between each aid of an external-communications- $50,000 on average ($30,000 to $70,000) airplane and the appropriate ATC unit. voice-data network (e.g., ARINC or a each for new manuals. This cost In addition, each system must be similar service). In flat lands, this estimate multiplied times the number of independent of any other system communication can be made up to 100 operators over the next 15 years will operated by the United States. miles, when the dispatcher is located at total approximately $3.65 million, To estimate the potential cost, the the hub. In high terrain areas, ($3.28 million, present value). This cost FAA contacted several industry sources, communication with the home estimate for manuals takes into account including operators and data link dispatcher would have a radius of less additional preparation and distribution service venders. These sources than 50 miles. In emergency situations requirements. indicated that the least expensive option that arise beyond the average radius of Section 121.337—Protective Breathing for most operators would be a voice data 50 miles, ARINC or similar service Equipment (PBE) for the Cockpit. This link service from an FAA-approved would be needed. This would be section will require PBE units for vender. According to Aeronautical especially true in remote areas such as persons operating airplanes under part Radio, Inc. (ARINC) and several the U.S. northern frontier (Montana, 121. Part 135 has no PBE requirement. operators with operations specifications Idaho, etc.), Alaska, American Samoa, While commuter airplanes are typically for parts 121 and 135 (scheduled), the and Hawaii. This information indicates smaller than airplanes operating under needed voice-data-link service consists that frequency of use of ARINC or a part 121, the accessibility of PBE in the of a monthly access fee of $35 per similar service may not be as high as cockpit will provide smoke-and-fumes operator and a fee of $14 per contact. originally expected. According to some protection for pilots. The airplane Contact refers to any form of voice operators, the likelihood of having at operator is allowed to use fixed communication between the pilot while least one contact via ARINC per airplane equipment such as oxygen masks and in flight and the home dispatcher. departure by an operator, on average, smoke goggles at each pilot station. If, from a worst case standpoint, none could range from 5 to 10 percent. When Depending on the present airplane of the current commuters have this considering that contacts via ARINC or configuration, this may require access service, the total cost will be the a similar service beyond the 50-mile substantial modifications. number of affected operators times the radius would only be made in According to FAA’s technical monthly access fee of $35 over the next emergency situations, operators, on personnel, airplanes with 20-to-30 seats 15 years. This evaluation estimates that average, would make contact on 10 already have fixed PBE units for pilot the number of commuter operators will percent of their airplane departures. stations in the cockpit for smoke and range from 63 in 1996 to 73 in 2010. Employing this approach, costs will fume protection but they are not This will result in a total cost of $445 amount to $44 million ($26 million, equipped with a portable PBE unit for million ($269 million, present value). present value) over the next 15 years. fire fighting. In terms of operators with The contact fee cost can be estimated in In addition to the information above, 10-to-19-seat airplanes, the FAA is a similar manner, though it employs a industry sources contacted indicated uncertain as to how many part 135 great deal more of uncertainty because that commuter operators with dual or operators are already equipped with the actual number of contacts each split operations specifications (both PBE (portable or fixed) in the cockpit. operator will make annually is parts 121 and 135) already have this As the result of this uncertainty, this unknown and usually varies among capability. These operators evaluation assumes that part 135 operators. According to industry (approximately 19) account for over 60 operators with 10-to-19-seat airplanes sources, there will be a certain percent of all the airplanes in the U.S. are not currently equipped with PBE in Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65901 the cockpit. This evaluation also Sections 121.593–595: Dispatching Based primarily on information assumes that operators with 20-to-30- authority for domestic and flag air received from FAA technical personnel seat airplanes do not have portable PBE carriers; 121.107: Dispatch centers; and industry (operators and ADF’s in the cockpit for firefighting. The 121.533–535: Responsibility for comments on the NPRM), about 67 installation of fixed PBE in some operational control; 121.683: percent of the required flight commuter airplanes could be Crewmember and dispatcher record; dispatchers will come from existing part prohibitively expensive because of 121.687: Dispatch release; and other 135 flight locators and approximately 33 complex breathing gas supply sections that assign specific duties to percent of the required dispatchers will requirements. Since portable PBE is dispatchers. The rule will require that be hired from outside by operators. much cheaper than fixed PBE, operators flights in scheduled commuter Some of these new hires will be with 10-to-19-seat commuter airplanes operations with 10-to-30 seat airplanes supervisors/trainers. According to are assumed to acquire and install be authorized by a dispatcher. several commuter operators contacted portable smoke and fume PBE in the Dispatchers currently are not required recently, they will have to hire cockpit if not equipped with an oxygen under part 135. The FAA assumes that dispatchers from outside of their system. Each portable PBE is estimated the majority of operators currently company in order for them to meet the to cost $400 per unit. In 1996 and certificated only under part 135 do not proposed dispatcher requirements. The subsequent years, operators with 10-to- employ fully qualified dispatchers. decision to hire dispatchers from the 19-seat airplanes are assumed to install These operators primarily employ full- outside is based primarily on: (1) The two smoke-and-fumes portable PBE time flight locators. The FAA further need for additional supervisory units in the cockpit: one at each of the assumes that operators conducting both personnel because of the projected two pilot stations. Over this same parts 121 and 135 operations currently number of inexperienced dispatchers to period, operators with 20-to-30-seat employ half as many qualified be hired under part 121 and (2) all of airplanes are assumed to install one dispatchers as they will need to their existing personnel (flight locators additional fire-fighting-portable PBE dispatch all of their flights. and to some flight followers) cannot be unit in the cockpit. In addition to PBE The number of dispatchers was trained at once without seriously units, costs are also estimated for the primarily calculated using information disrupting daily operations. Thus, of all weight penalty of each PBE unit. Each provided by Airline Dispatchers the new dispatchers projected to be of the cost components multiplied by Federation (ADF) and industry sources. hired over the next 15 years, about 67 the number of airplanes in existence, The ADF estimated that an air carrier percent will be from existing personnel over the next 15 years, will result in an with 30 airplanes will need eight or (upgraded from flight locators and some estimated cost of $2.64 million, ($1.81 nine dispatchers to staff a 24-hour flight followers) with the affected million, present value). operation. The FAA used a ratio of eight commuter operators and 33 percent dispatchers to 30 airplanes of 10 or from the outside (or non-upgraded Section 121.357—Airborne Weather more passenger seats for each part 135 employees). Radar. This section will require part 135 commuter air carrier. The total number Training costs include 40 hours of commuters to equip their airplanes with of required dispatchers was computed initial training, 10 hours of recurrent approved weather radar. Currently, by multiplying the number of airplanes training, and 5 hours of operating section 135.173 requires that operators with 10 or more passenger seats familiarization for dispatchers who equip their airplanes with either operated by each air carrier by the ratio authorize turbopropeller flights (as thunderstorm detection equipment or 8 to 30. However, to take into account required by sections 121.422(c)(1)(ii), approved weather radar. However, that an 8-hour day might not cover all 121.427(c)(4)(ii), and 121.463(a)(2)). Air section 135.175 requires operators of of an air carrier’s daily flights, as well carriers are assumed to incur the cost of airplanes with 20 to 30 passenger seats as vacation and sick leave, the FAA dispatchers’ salaries during training. In to equip their airplanes with weather assumes that each air carrier will need addition to salary costs, the FAA radar. An estimated 90 percent of all at least two dispatchers. In 1996, 307 assumes that the air carrier will incur commuter airplanes with 10-to-19 dispatchers will be needed to meet the $1,000 in costs for initial training for passenger seats already have approved requirements of this rule. In 1997, the each dispatcher and $500 in costs for weather radar equipment. Based on this number of dispatchers will be 318 and recurrent training for each dispatcher. information, the rule will only affect an will grow to 353 by 2010. The FAA estimates that each carrier will estimated 10 percent of those operators Unlike in regulatory evaluation for the incur $1,000 in administrative costs for of airplanes with 10-to-19 seats proposed rule, the cost of compliance each dispatcher hired. The FAA (excluding commuter operators in for the final rule is based primarily on recognizes that during the initial and Alaska and Hawaii which are not the median annual salary differential follow-up training for new dispatchers, covered by the rule). Because of their between flight locators and dispatchers. operators may incur additional costs in unique flying environments, commuter The FAA estimated the median annual the form of reduced operational operators in Hawaii and Alaska are not salary of a part 135 dispatcher on the efficiency, though to what extent is required under current regulations to be hourly wage of $9.10 reported by the unknown. However, in view of all equipped with weather radar ADF. The FAA computed an annual available information, the FAA has no equipment. Weather radar costs median salary of $23,849 for a indication that such costs would be approximately $30,000 per airplane, dispatcher by multiplying the ADF’s significant. including installation. Each weather hourly wage rate estimate of $9.10 times Total personnel-related costs were radar unit weighs 25 pounds. This a fringe benefits factor of 1.26 (or 26 calculated by adding the salary, weight translates into an average weight percent) and full-time yearly hours of training, administrative costs, and penalty of 87 gallons of fuel per airplane 2,080 (52 wks. × 40 hrs.). Similarly, the multiplying by the number of new per year. The sum of these cost median annual salary of a flight locator dispatchers required. The FAA components multiplied by the number was estimated to be $19,656 estimates that the dispatcher of commuter airplanes over the next 15 ($7.50×1.26×2,080). The annual median requirement will cost $42.86 million years will total $5.08 million ($3.73 salary differential was estimated to be ($25.9 million, present value) over the million, present value). $4,193 ($23,849 less $19,656). next 15 years. Approximately $25.66 65902 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations million ($15.49 million, present value) These sections will require all flight on baggage addendum to the Operations will be borne by operators of 10-to-19- attendants to have an operations Specifications will be $20,600 ($18,500, seat airplanes, and the remaining $17.20 manual. There is no such requirement present value). This cost is divided million ($10.38 million, present value) for flight attendants currently working between 10-to-19-seat airplanes will be borne by operators of 20-to-30- for part 135 operators. This requirement ($12,300) and 20-to-30-seat airplanes seat airplanes. necessitates preparing such manuals for ($8,300). For each air carrier, this According to the ADF, most part 135 each flight attendant . Since each flight process involves two people—a flight operators already have facilities and attendant is required to have a manual, attendant supervisor for 20-to-30-seat communications equipment that satisfy the number of manuals equals the airplanes or a crewmember supervisor the dispatch requirements under part number of flight attendants. The 15-year for 10-to-19-seat airplanes (both paid at 121. Accordingly, the FAA has not cost for the preparation, copying, and $24.19 per hour) and a clerical person included estimates of additional costs binding of these manuals is $61,600 ($11.00 per hour) to do the paperwork attributable to facilities and equipment. ($47,200, present value). The costs (average of 8 hours each) and to develop The FAA acknowledges that this is a involve the preparation of the manual the addendum. Each carrier will bear reasonable assessment since all contents and the copying and binding of the cost of developing the addendum for commuter operators exercise some the finished manual. FAA analysis the airplanes in its fleet; it costs each air degree of operational control with the projects 277 20-to-30-seat airplanes in carrier about $280 for this work. The use of either flight locating or flight 20 air carriers in 1996, increasing to 556 number of air carriers is projected to rise following. The provision of either one of such airplanes in 39 air carriers by 2010. from 63 in 1996 to 73 in 2010. Finally, these services requires communication Each air carrier will employ a flight the actual baggage screening function facilities and associated equipment. attendant supervisor (paid at $24.19 per will not impose costs because part 135 Section 121.383: Age-60 Requirement. hour) and a clerical worker (paid at crewmembers are already required to This section will prohibit operators of $11.00 per hour) to spend 40 hours each screen baggage in order to secure it. airplanes in scheduled service with 10- preparing a manual; hence, it will cost Section 121.291(d)—Ditching to-30 passenger seats from using people each air carrier about $1,400 to prepare Demonstration. This section requires over the age of 60 as pilots for that a manual. The manual is an average of new air carriers to conduct a ditching service. Currently there is no age 100 pages long; at $.10 to copy each demonstration for each airplane type it restriction for pilots in part 135 page, and $2 to bind each manual, total proposes to operate in extended operations. Based on data provided by copying and binding costs is expected to overwater operations. There is no the Air Line Pilots Association (ALPA), total $12 for each manual. Existing air similar requirement in part 135. the FAA estimates that only about 0.55 carriers with new airplanes in the future In the NPRM, the FAA used an percent of part 135 commuter pilots are will have to reproduce a new manual for estimate that 25 percent of all 10-to-30- currently over the age of 60. The FAA each airplane. All new air carriers with seat airplanes conduct extended estimates that about 45 pilots will be 20-to-30-seat airplanes, which will total overwater flights. Upon further affected if the requirement takes effect 19 by 2010, will also have to prepare examination, this assumption turned in the year 1999. The FAA also and publish flight attendant manuals. out to be too high. Based on a recent estimates, based on ALPA data, that Section 121.285 and 121.589—Carry- survey, the FAA has ascertained that 0.32 percent of current part 135 pilots On Baggage. These sections will require less than 3 percent of all 10-to-19 seat would reach age 60 in subsequent years affected operators to stow carry-on airplanes (14 airplanes) and no 20-to-30- and thus about 27 pilots would need to baggage and develop a program to seat airplanes currently conduct be replaced each year from 1999 on. screen carry-on baggage. Screening, in overwater flights. The percentages were The FAA is unable to quantify the this context, refers to a visual check to projected into the future. Based on this costs to operators or to affected pilots. ensure that the carry-on baggage is the paucity of airplanes certificated for The nature and magnitude of these costs proper size and could be stored properly extended overwater flights, the FAA depend upon the alternatives available on the airplane; it does not refer to tried to estimate the costs for part 135 to each party, which the FAA has been security screening. Currently, part 135 operators to conduct ditching unable to identify in sufficient detail to airplanes adhere to substantive baggage evacuation demonstrations for new 10- estimate costs. The FAA believes that stowage procedures, but part 121.589 to-30-seat airplanes using two different the four-year phase-in of this requires that a crewmember verify that methods. In both cases, as will be requirement will help to minimize any all baggage is properly secured before all shown below, the 15-year cost for part potential disruptions the rule may cause doors are closed and the airplane leaves 135 operators to conduct ditching and that the resulting cost are not likely the gate. Some air carriers argue that evacuation demonstrations for new 10- to be substantial. The FAA also believes this requirement will increase time at to-30-seat airplanes will be zero. that the age 60 requirement is essential the gate, reduce airplane utilization The first method involves taking an to achieve the ‘‘one level of safety’’ goal time, and thus result in lower revenue aggregate approach and examining the established by the Secretary of to air carriers. The FAA contends that entire fleet using the same methodology Transportation and that any cost of this there will be no costs for this procedure used in the NPRM. This involves a requirement is justified by its benefits. due to the minimal time necessary to demonstration which requires properly secure carry-on baggage and crewmembers to perform ditching 2. Cabin Safety the fact that airplanes experience evacuation drills and safety procedures This section of the regulatory routine delays anyway while waiting for including the deployment of one raft. evaluation examines the costs of the clearance on the runway. The cost of the For both 10-to-19- and 20-to-30-seat changes with regard to cabin safety. rule will involve the preparation of an airplanes the annual incremental change Over the next 15 years, costs for cabin addendum to the Operations in the number of airplanes times the safety items will total $11.57 million Specifications in which each carrier will applicable percentage of airplanes ($8.20 million, present value). The cost outline its procedures for a baggage conducting extended overwater flights items, by section, are provided below. program. was zero for every year between 1996 Sections 121.133, 121.135, and The 15-year cost for operators of 10- and 2010. Accordingly, using this 121.137—Flight Attendant Manual. to-30-seat airplanes to prepare a carry- methodology, the cost will be zero. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65903

The second method involved ($20 per kit×443 kits) for all kits (active For this analysis, the FAA assumes that individually examining those air and spares) in 1997. no part 135 airplanes are currently carriers that this provision affects. The Historical data on part 121 airplanes equipped with halon fire extinguishers. FAA was able to identify those shows one medical emergency for every Since part 135 airplanes are already operators that conduct extended 124,647 passenger enplanements. The equipped with fire extinguishers prior overwater operations with 10-to-30-seat FAA assumes that the medical to complying with part 121 standards, airplanes. In every case, the airplanes emergency rate is the same on 20-to-30- there will be no additional maintenance involved were 10-to-19-seat types. Since seat airplanes since all air carriers serve costs or weight penalties for this the FAA is projecting only a modest the same base population. The FAA equipment. increase in such airplanes through 1997 estimates 70 medical emergencies in The 15-year cost of this requirement and an overall decline in 10-to-19-seat 1996 and 77 medical emergencies in is $442,900 ($346,500, present value). airplanes after 1997, it is highly unlikely 1997. A physician consultation will be The cost of this provision will involve that these operators will seek to increase required twice a year per air carrier to purchasing the requisite number of their fleet size with a new airplane make obtain certain contents, such as halon fire extinguishers per airplane in and model currently not in its fleet that prescription drugs, for the medical kits 1996, a 13 percent spares reserve ratio, will require a ditching evacuation at a cost of $500 per consultation. In and a 5 percent recharge rate per year demonstration. Therefore, there will be 1996, for the 20 projected air carriers, after 1996, and up-front administrative no cost. total consultations will total $20,000. costs. Both the operator and the FAA incur Record keeping will be needed per Section 121.549—Flashlight. This labor costs to complete a ditching medical emergency; it will take one section will require commuter operators demonstration. The actual hour to write up each emergency. At of 20-to-30-seat airplanes to acquire two demonstration takes about one hour to $20.58 per hour, in 1996, record keeping additional portable flashlights for use by complete and requires two sets of crews. costs will total $1,433. the flight attendant and the copilot. This If an operator should need to conduct a In the NPRM, the FAA assumed that section will also require 10-to-19-seat ditching demonstration, the FAA the medical kits could be secured and airplanes to acquire one additional estimates the cost for a 10-to-19 seat installed with industrial strength Velcro portable flashlight for use by the copilot. tape. The FAA still believes that The analysis assumes that no part 135 airplane at $1,025 per demonstration. securing these kits with Velcro (a low airplanes with 10-to-30 seats are Section 121.309—Medical Kits. This cost option, at $20 per kit plus two equipped with portable flashlights. section will require affected commuters hours for a Maintenance worker at Based on a recent survey, a portable to have one medical kit on each 20-to- $20.58 per hour) will meet the 18–G flashlight costs $5 and 2 D alkaline 30-seat airplane for those operators. The requirement. Also, airplane battery cells cost $2.25. FAA has decided to except 10-to-19-seat manufacturers will need to spend The 15-year cost of this requirement airplanes from this requirement due to $1,500 for each make and model to will be $134,400 ($82,000, present their smaller size and the unlikelihood account for the design and value) broken out between $56,500 for that a medical professional will be on administrative costs involved with 10-to-19-seat airplanes and $77,900 for board or a flight attendant to administer securing these kits and to comply with 20-to-30-seat airplanes. The cost of this the use of the kit. FAA regulations; with 8 makes and provision will involve purchasing the The FAA estimates that the 15-year models, this totals $12,000. This cost requisite number of flashlights for cost for providing medical kits on the will be spread across the entire airplanes in 1996 and for airplanes 20-to-30-seat airplanes operating under population of each make and model. added to the fleet through 2010, 10 part 135 will be $1.11 million Section 121.309—First Aid Kit. This percent spares, 5 percent replacement ($674,300, present value). The costs of section will require 10-to-19-seat rate for every year after 1996, and a providing medical kits are composed of airplanes to have at least one first aid weight penalty (1 pound per flashlight). acquisition ($200 each) with a 60 kit. Currently, part 135 requires all The analysis also assumes that all percent spares reserve, installation, airplanes with greater than 19 seats to batteries will be replaced each year. annual replacement (5 percent), annual have one kit, but there is no requirement Section 121.313—Cockpit Key. This maintenance ($20 per kit), a weight for airplanes with 10 to 19 seats to have section will require all required penalty (7 pounds per unit), physician a kit. crewmembers of affected operators to consultation expenses ($500 per The 15-year cost of this requirement have access to a key for the locking consultation), engineering and will be $371,400 ($267,400, present cockpit door. This lock and key administrative costs, and record keeping value). The costs of providing first aid requirement will provide additional (1 hour each time a kit is used at $20.58 kits are composed of acquisition ($70 security for equipment and instruments per hour). each based on industry survey) with a in the cockpit. This requirement only Acquisition, replacement, and 35 percent spares reserve, installation, applies to 20-to-30-seat airplanes. maintenance costs for kits are a function annual replacement rate (5 percent of Airplanes with 10 to 19 seats are not of the number of airplanes. In the first total), a weight penalty (4 pounds), required to have locking cockpit doors year of the rule, the bulk of the medical engineering and administrative costs, and will not be affected by this kits will be purchased; 443 kits will be and annual maintenance ($7 per kit). requirement. The rule will require 20-to- needed for 277 airplanes, which takes Costs are a function of the 10-to-19-seat 30-seat airplanes to retrofit the cockpit into account the 60 percent spares airplane count, which ranges from 673 door with a lock and copy a key ($1 per reserve. Additional kits are purchased in 1996 to 543 in 2010. key). If an airplane does not have a lock, in the future as the airplane fleet Section 121.309—Halon Fire then the operators will be required to increases to 556 airplanes in 2010, and Extinguisher. This section will require install one. to take into account a 5 percent annual commuter operators of 10-to-30-seat The 15-year cost is $102,900 ($78,500, replacement rate. Maintenance costs are airplanes to replace existing or install present value). The highest yearly cost calculated based on the number of units fire extinguishers (2 per 10-to-30-seat ($51,245) will occur in 1996 when all of that were in use the previous year. The airplane (one in cabin and one in the 277 20-to-30-seat airplanes will have annual maintenance cost equals $8,860 cockpit) with halon fire extinguishers. their cockpit doors retrofitted with locks 65904 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations and keys. Subsequent yearly costs are Section 121.339—Life Rafts. This technical personnel state that delay based on the annual increase in section requires all affected commuters costs are a result of the air carrier airplanes. Hence, in 1997, with 30 new conducting extended overwater operations system and not the final rule. airplanes, costs total $5,550 ($90 for operations to carry an additional life The air carrier operations system new keys + $5,460 for door retrofit raft. The 15-year cost to equip the currently compensates any additional costs). affected airplanes with an additional life personnel costs due to delays. Section 121.333—Portable Oxygen. raft will be $265,100 ($183,800, present Individual operators can comply by This section will require airplanes that value). having a flight crewmember near the are certificated to fly above 25,000 feet Section 121.340—Flotation Cushions airplane (no cost) or by following one of to have a portable oxygen unit for each and Life Vests. This section requires three scenarios. Under the first scenario, flight attendant. This requirement will operators to provide a flotation cushion operators could require all passengers to only apply to commuter airplanes or life vest for each passenger seat on deplane during intermediate stops at the having more than 19 seats. This is each airplane. In 1995, 10-to-19-seat gate. Because deplaning will cause because currently no 10-to-19-seat airplanes average 18.66 seats per inconvenience to the passengers, air airplanes in commuter operations are airplane and 20-to-30-seat airplanes carriers will not use this option all the certificated to fly above 25,000 feet.; average 28.99 seats per airplane. In this time. The FAA acknowledges that the also, 10-to-19-seat airplanes are not analysis, the FAA assumes that these deplanement of passengers under this required to have flight attendants on ratios remain constant into the future. scenario may impose some cost on board. Of the 249 20-to-30 seat airplanes The 15-year cost for providing passengers in the form of in 1995, 146 fly over 25,000 feet. flotation cushions or life vests on 10-to- inconvenience; however, the FAA is The 15-year cost to equip all affected 30-seat airplanes will be $7.50 million unable to quantify this cost. Under the 20-to-30-seat part 135 airplanes will be ($5.53 million, present value) composed second scenario, operators can require $472,900 ($299,200, present value). of $5.03 million for 10-to-19-seat either a flight attendant or pilot to Costs primarily are composed of $400 airplanes and $2.47 million for 20-to-30- remain on the airplane at intermediate per oxygen unit and weight penalty. seat airplanes. The FAA assumes that stops as long as passengers are on board. Parts 121.333, 121.571, 121.573— 10-to-19-seat airplanes will not be able Generally, the 20-to-30 seat airplanes Passenger Information. New cards will to install flotation cushions and hence will use a flight attendant, while 10-to- have to be prepared for 20-to-30-seat will obtain life vests. In addition, even 19 seat airplanes will use a pilot. Under airplanes. Industry experience has though some airplanes may have the third scenario, operators can allow shown that each card has a lifetime of flotation cushions currently installed, a trained, authorized person to stand in approximately 3 years. Thus, every year, the analysis assumes that all operators for the flight attendant or pilot when only one-third of the cards will of 20-to-30-seat airplanes will replace coverage is needed due to flight delay. normally be replaced. existing seat cushions with flotation Not all air carriers have authorized The 15-year cost for the preparation of cushions. Data from industry sources personnel at all intermediate stops; this these cards will be $125,000 ($72,300, place the same cost and weight on both will put a cap on the amount of time present value). Each air carrier having items: $50 and 2 pounds each. As the that this option will be used. This third 20-to-30 seat airplanes (20 in 1996 current seat cushions weigh the same scenario will require 24 hours of growing to 39 in 2010) will incur amount, there will not be a weight training for each authorized person preparation costs and will then need to penalty on the 20-to-30-seat airplanes. ($16.48 per hour) and documentation of prepare enough passenger information The total number of life vests and personnel records by a clerical worker cards for all airplanes in its fleet. cushions per year is derived by (paid at $11.00 per hour for one hour of Preparation costs involve two people multiplying the number of seats per work per record). In the NPRM, the FAA two hours each: a flight attendant airplane times the projected airplane assumed that non-Alaska operators supervisor ($24.19 per hour) and a count for the 10-to-19-seat and 20-to-30- would use the third scenario 20 percent paperwork layout specialist ($20.58 per seat airplane categories. of the time, and the FAA is keeping this hour). There will be no training costs, as Section 121.391—Flight Attendants percentage. Based on industry sources, the flight attendant could read the new At The Gate. This section requires a the FAA does not believe it is very passenger information material directly flight attendant or other authorized likely that air carriers in Alaska will from the manual. Based on an industry person to stay on the airplane during have trained substitute personnel survey, the FAA assumes that it costs $1 intermediate stops while passengers are waiting at the intermediate stops to be to print and distribute each information on board. The final rule adopts new used in the event that the airplane is card; a total of 5,353 cards will need to section 121.393(a) for 10-to-19 seat delayed; thus, the third scenario will be produced in 1996. airplanes to allow crewmembers (not not be used. Currently, 88.4 percent of Section 121.337—Protective Breathing necessarily a flight attendant) to stay all 20-to-30 seat airplanes and 91.9 Equipment (PBE) for the Cabin. This near the airplane. percent of all 10-to-19 airplanes fly in section requires a fire fighting PBE unit The only costs imposed on operators, areas other than Alaska, and this in the cabin on all 20-to-30-seat as a result of this rule will be the analysis projects these percentages into airplanes. The 15-year costs to supply training and documentation of the future. all 20-to-30-seat airplanes total $936,800 authorized substitute personnel. Based The 15-year cost for training and ($595,600, present value). Costs are on information received from FAA documentation of authorized personnel composed of PBE acquisition ($400 per technical personnel, there will be no in areas other than Alaska on 10-to-30- unit) with a 40 percent spares reserve additional crewmember personnel costs seat airplanes will be $20,500 (present ratio, installation (two hours of for flight attendants or other value, $12,700). This cost is the mechanic labor), engineering and crewmembers at the gate requirement summation of the 10-to-19-seat airplane administration costs, a 5 percent due to the delay. In the NPRM, the FAA cost and the 20-to-30-seat airplane replacement rate per year, annual attributed additional compensation category cost. The cost for the 10-to-19- maintenance ($40 per unit performed costs to operators in the event of a flight seat category is derived by multiplying annually), and a weight penalty (5 delay due to additional time spent by the total 15-year cost for training and pounds per unit, one unit per airplane). personnel to monitor passengers. FAA documentation ($67,500) by the Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65905 expected probability of occurrence for passenger service, their operators will market value. On that basis, the FAA the third scenario (20%) and then have a sufficient amount of time to determines that in 15 years these multiplying by the percentage of the profitably exploit these airplanes, to airplanes will incur a reduction in fleet not operating in Alaska (91.9%). plan their replacement, and to reduce market value of $56,000 ($20,000, The cost for the 20-to-30-seat category is the potential impact on the resale price present value). derived by multiplying the total 15-year in other uses of these airplanes. In SFAR 41 airplane models would also cost for training and documentation addition, this 15-year period will be affected by the part 121 performance ($45,500) by the expected probability of provide an opportunity for criteria because these criteria are stricter occurrence for the third scenario (20%) manufacturers to develop future than those in part 135. However, the and then multiplying by the percentage airplanes that may be better substitutes part 121 performance requirements are of the fleet not operating in Alaska than the current available substitute very similar to the performance (88.4%). airplane models. Further, this 15-year requirements in the ICAO Annex 8 allowance will reduce the tendency for flight operating requirements—the flight 3. Certification many of these operators to substitute operating requirements under which This section examines the costs of the smaller airplanes with less than 10 these airplanes must fly in European rule with regards to airplane seats. These airplanes have an accident scheduled service. As all of these certification and performance. The total rate 14 times that of 10-to-15-seat airplanes are used in European 15-year costs for certification are $11.49 commuter airplanes. Nevertheless, some scheduled service, they can comply million with a present value of $6.58 of these airplanes will be phased out of with the part 121 performance million. scheduled passenger service before they requirements, but at a potential payload Part 121 Subpart I: Performance would have been phased out if there loss. There are some combinations of Criteria. In the NPRM, the FAA had were no commuter rule. temperature, airport elevation (pressure stated its belief that all of the commuter Currently, there are 112 pre-SFAR 41 altitude) and airport runway length that airplanes would be able to meet the part commuter airplanes in part 135 would require SFAR 41C airplanes 121 performance standards. scheduled service. As the FAA was either: (1) To unload one, two, or even Consequently, the only compliance cost unable to directly obtain the ages of three passengers from the currently would be a manufacturer’s one-time these airplanes, the FAA used a data permitted part 135 gross take-off weight; recertification cost of $5,000 per source to construct an approximate age- or (2) to operate out of airports with airplane. However, after additional FAA profile distribution for each of these longer runway lengths in order to meet analysis and input from several airplane models and then assigned the the ICAO Annex 8 performance commenters, the FAA realizes that some appropriate number of airplanes to requirements. For example, the of these airplanes are not able to meet individual years based on those minimum runway length for a Beech the part 121 performance standards. distributions. The FAA determines that, 1900–C airplane with a 16,600 lb. Further, there will be an enormous due to the increasing maintenance costs maximum takeoff weight (its maximum economic impact if the proposed rule as airplanes age, the economic lifespan certificated load) from a pressure were to be adopted for all commuter of these airplanes in scheduled altitude of 1,000 ft. (a typical airplanes. passenger service is 30 years for the Midwestern airport) at 13 degrees Airplanes operating under part 121 Twin Otter and 25 years for all of the Centigrade (standard day) would be face stricter performance requirements other models. On that basis, the FAA 4,700 ft. under part 135 but would be than those faced by airplanes operating projects that, in the absence of the 5,900 ft. under ICAO Annex 8. From under part 135. Part 135 performance commuter rule, 4 of these airplanes another perspective, in order for a Beech requirements allow greater gross take-off would still be in scheduled passenger 1900–C to operate under ICAO Annex 8 weights for a given runway length and, service after 15 years. from an airport with a 4,700 ft. runway, conversely, allow a shorter runway for Finally, these airplanes’ market values the maximum allowable takeoff weight a given gross take-off weight than are will fall over time because the airplane would be 14,900 lbs. in comparison to allowed under part 121 for high altitude ages because it takes an increasing level the 16,600 lbs. allowable under part and/or high temperature conditions. of expenditure on maintenance and 135. One commenter reports that these However, as airplane models’ replacement to keep the airplane operating limitations may affect these performance capabilities differ, a change airworthy for scheduled passenger SFAR 41 airplanes at as many as 65 in performance requirements has a service. Currently, the average market airports at some point during the year. different effect across airplane models. values for the pre-SFAR 41C airplanes Nevertheless, for most of the For example, the SFAR 41 and are $500,000 for the Twin Otter and the temperatures, airport elevations predecessor category commuter airplane EMB–110; $350,000 for the Beech 99; (pressure altitude), runway lengths, and performance capabilities are such that and $250,000 for the SA–226 and the actual takeoff loads faced by these compliance with the part 121 Beech 200. airplanes, the part 121 performance performance requirements would In light of those factors as they relate requirements, ICAO Annex 8 rules, and require them to offload so many to the pre-SFAR 41 airplanes, the FAA the part 135 performance requirements passengers or cargo as to become determines that a one-year compliance would have the same limiting effect on unprofitable to operate in scheduled date would generate a 60 percent loss in these airplanes’ operations. passenger service. Due to the potential these airplanes’ average market values As a result, the FAA will allow SFAR substantial economic loss and the and this percentage loss is reduced by 41 and predecessor category airplanes potential safety reduction that would 2.5 percentage points per year for four 15 years to comply with the part 121 result when many of these airplane years (e.g., the second year would have performance requirements. With a 15- operators substitute airplanes with a percentage loss of 57.5 percent, the year time horizon, operators will be able fewer than 10 passenger seats for these third year will be 55 percent, etc.) and to organize their schedules (for example, airplanes, the FAA decides that they by 5 percentage points per year departing high temperature airports will have 15 years to meet the part 121 thereafter. Thus, the percentage loss of earlier in the morning), their airplane/ performance requirements. By allowing the market value of these airplanes in 15 airport pairings, etc. such that the costs these airplanes to remain in scheduled years will be 5 percent of that airplane’s in 15 years will be minimal. 65906 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Finally, the commuter category airplane manufactured after March, the flight attendant seat. This provision airplanes have the performance 1997, must have the device. This device requires retrofitting within one year of capability of meeting part 121 is not required under part 135 or part the effective date of the rule. The FAA performance requirements. However, 23. had not estimated any compliance cost the manufacturers will need to In the Regulatory Evaluation for the for the flashlight holder in the document these capabilities for the NPRM, the FAA had estimated that it Regulatory Evaluation for the NPRM. approved flight manuals. This would cost $16,000 for a retrofit that However, after additional analysis, the documentation will require about 20 would add about 5 lbs. of weight while FAA found that there will be a per hours of flight time at a per hour cost the annual maintenance, inspection, airplane cost of $50 for a retrofit and of $1,500 (includes instrument and replacement costs would be about $25 for an installation on a newly- calibration, engineering analysis, 10 percent of the retrofitting costs. The manufactured airplane. It will increase ground personnel review, etc.) for a total FAA had also estimated it would cost the airplane’s weight by 2 lbs. In cost of $30,000 per type certificate. In $8,000 for an installation on a newly- addition, there will be a one-time addition, there will be a one-time manufactured airplane. The FAA had engineering design, development, and manufacturer’s cost of $5,000 per type also determined that a third attitude FAA approval cost of $250 for each type certificate to obtain FAA approval for indicator is standard equipment on the certificated model. As there are no flight this flight manual revision. Thus, the Beech 1900–D. The proposed rule had a attendants in 10-to-19-seat airplanes, no one-time first-year cost for commuter 1-year compliance date. On that basis, flight attendant flashlight will be category airplanes will be $105,000. the FAA had estimated that the 10-year required and there will be no Section 121.161(a)—Airplane cost would be $19.2 million ($18.4 compliance cost for those airplanes. For Limitations: Type of Route. Section million, present value). 20-to-30-seat airplanes, the first-year 121.161(a) requires that an adequate The FAA estimates that the cost will be $42,000 and the annual cost airport be within one hour flying time retrofitting cost will be $16,000 and will thereafter will be between $2,000 and at single engine cruising speed along all add 15 lbs. of weight to the airplane. To $6,000. The 15-year total cost will be points of the designated flight route. eliminate the potential for down time, $88,000 ($68,000, present value). There is no similar requirement in part operators will retrofit this device during Section 121.312(b)—Passenger Seat 135. This requirement is not expected to one of the airplane’s 200-hour Cushion Fire Blocking Materials. This affect scheduled operators in the lower scheduled checks. On that basis, the section requires that 10-to-30-seat 48 states. In the Regulatory Evaluation FAA expects that this device will be airplane seat cushions comply with the for the NPRM, the FAA had estimated installed in half of the 58 SFAR 41C fire protection standards in Section that 150 round-trip flights in Alaska airplanes in scheduled passenger 25.853(b) within 15 years. The proposed would be affected annually, with service during the 13th year and in the rule had allowed a two-year compliance reroutings adding one-half hour to each remaining half during the 14th year. On period with an option for two additional round-trip, for a total of 75 hours that basis, the FAA determines that the years if there were demonstrated increased flying time. Applying an 15-year compliance cost will be compliance difficulties. hourly variable operating cost for $319,000 ($116,000, present value). In the Regulatory Evaluation for the Alaskan air carrier commuter category Section 121.308—Lavatory Fire NPRM, the FAA had assumed that this airplanes of $500, the FAA had Protection. This section requires each provision would affect only the 10-to- estimated that annual operating costs lavatory to have a smoke detector 19-seat airplanes because the 20-to-30- would increase $37,500. The 15-year system connected to either: (1) a seat airplanes are type-certificated total costs would be $375,000 ($265,000, warning light in the flight deck; or (2) under part 25, which requires fire- present value). As no comments were a warning light or an aural warning in blocked seats for airplanes type- made on the estimated costs of this the passenger cabin that can be readily certificated after 1991. As those provision, the FAA affirms its previous detected by a flight attendant. Section airplanes are used in both part 121 and calculations. However, carrying them 121.308(b) requires each lavatory to part 135 service, the FAA believed that out for 15 years generates a cost of have a built-in automatic fire they have already been retrofitted and $570,000 ($346,000, present value). extinguisher in each of its disposal are being manufactured with fire Section 121.191—Engine Out En receptacles. These requirements are also blocking cushions. As there were no Route Net Flight Data. Although the found in section 25.854 but only for comments to the contrary, the FAA has FAA had not estimated a compliance airplanes type certificated after 1991. retained that assumption. cost for this provision in the Regulatory There are no such provisions in part 135 In the Regulatory Evaluation for the Evaluation for the NPRM, three or part 23. NPRM for 10-to-19-seat airplanes, the commenters report that these data do On that basis, the FAA estimates that FAA had estimated that it would cost not currently exist for 10-to-19-seat for the 20-to-30-seat airplanes, there will $20,000 for a retrofit, $5,000 for airplane models and there is a cost to be a first-year compliance cost of installation on newly-manufactured developing these data. Based on those $78,000 and an annual cost in each airplanes, and fire blocking would add comments, the FAA determines that succeeding year of $45,000 to $58,000. 2 lbs. per seat cushion. In addition, the manufacturers’ will incur a one-time The 15-year total cost will be $858,000 FAA had believed that the incremental first-year cost of $1,900 per type ($519,000, present value). In the compliance costs from replacing a fire- certificated model, resulting in a one- Regulatory Evaluation for the NPRM, blocked cushion with another fire- time first-year compliance cost of the FAA had estimated a 10-year total blocked cushion (due to normal wear $24,700 for the 13 type-certificated cost of $263,000 ($206,000, present and tear) would be only due to the airplanes. value). difference in the costs of the fire- Section 121.305(j)—Third Attitude Section 121.310(l)—Flight Attendant blocking material, which was estimated Indicator. This section requires that a Flashlight Holder. This section requires to be $5,000. There would be no third attitude indicator be retrofitted on an emergency flashlight holder be incremental labor costs because it all affected airplanes (manufactured available to the flight attendant. A would take as long to replace a fire- before March, 1997) within 15 years of flashlight holder is needed to keep the blocked cushion with a fire-blocked the rule’s effective date. Any affected flashlight available and within reach of cushion as it would take to replace a Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65907 non-fire-blocked cushion with a non- beginning in 5 years, operators will only will add 5 lbs. to the airplane. Finally, fire-blocked cushion. The FAA had also purchase new airplanes that have there will be a $10,000 one-time cost to estimated that 10 percent of the 10-to- factory-installed-fire-blocked seat engineer, design, test, and obtain FAA 19-seat airplanes have fire blocked seats cushions. Over time, the compliance approval for the manufacturer of each because they are offered as an option on costs will increase because a greater type certificate. currently manufactured models. number of these airplanes will carry the On that basis, the annual costs in each Further, the FAA had estimated that it extra 38 lbs. of weight. On that basis, the of the first 4 years will be between would cost $50,000 for engineering, annual compliance costs will begin at $515,000 and $535,000 and the annual developing, testing, and documenting $150,000 in the sixth year after the costs in each year thereafter will be the results for FAA approval for those effective date and increase to $1.25 between $17,000 and $23,000. The 15- airplanes no longer in production. million by the 13th year. The 15-year year total costs will be $2.29 million Finally, allowing operators four years to total will be $5.88 million ($2.55 ($1.87 million, present value). comply means that they can schedule million, present value). Section 121.349(c)—Distance this retrofitting to fit into the normal Section 121.317(b)—Fasten Seat Belt Measuring Equipment. This section cushion reupholstery schedule. Lighted Sign. This section requires that requires at least one approved distance Consequently, the existing cushions there be a lighted ‘‘fasten seat belt’’ sign measuring equipment (DME) unit would not have been prematurely that can be controlled by the pilot. In within 15 months of the final rule replaced before they would have been the Regulatory Evaluation of the publication date for operations under replaced due to normal wear and tear. Proposed Rule, the FAA had not VFR over routes not navigated by Based on information received from estimated any compliance costs because pilotage or for operations under IFR or industry, the FAA estimates that the it was believed that affected airplanes over-the-top. The FAA had estimated no average retrofitting cost (weighted by had these lighted signs. Based primarily compliance costs for this provision and the number of each type of airplane on information received from industry, there were no comments on this model in the existing fleet) will be the FAA estimates that the total 15-year provision. After additional analysis, $21,500 and the average new- cost for the 2 lb. device will be $522,000 however, the FAA determines that some installation cost (weighted by the ($269,000, present value). airplanes are affected by this number of new airplanes projected to be Section 121.342—Pitot Heat requirement. sold by each manufacturer) will be Indication System. This section requires Based on the 1994 AOPA Pilot $4,875. The average weight of 38 lbs. all affected airplanes, within 4 years of General Aviation Aircraft Directory and (for a 19 seat airplane) results in a yearly the rule’s effective date, to have a pitot Avionics Directory and Buyer’s Guide, per airplane fuel cost of $105. In heat indication system that indicates to the FAA estimates that the average price addition, an industry source reports that the flight crew whether or not the pitot of a 25 lb. DME for an airplane is $7,000 airplane operators normally reupholster heating system is operating. Section and it will cost another $7,000 to retrofit their seat cushions every four years. 23.1323 requires a pitot heat system for for a total cost of $14,000. The FAA Further, the FAA estimates that there most commuter category airplanes, but General Aviation and Air Taxi Activity will be no engineering costs for current there are no requirements for a heat and Avionics Survey for 1993 reports commuter category airplanes because all indication system. that 3.1 percent of the turboprops in of the manufacturers offer the fire In the Regulatory Evaluation for the service (twenty-three 10-to-19-seat blocked seat cushions as an option and NPRM, the FAA estimated a per airplanes and ten 20-to-30-seat the engineering and FAA-approval costs airplane cost of $500 for a retrofit and airplanes) do not have this device but have already been incurred. However, $250 for installation on a newly- that all newly-manufactured airplanes the FAA revises its engineering costs for manufactured airplane. The FAA did will have this device installed. On that each out-of-production airplane model not estimate a weight penalty or costs basis, the FAA estimates that the first- from $10,000 to $5,000 because there for inspection, maintenance, and repair, year-compliance cost is $434,000 are a sufficient number of fabrics that but it had estimated a one-time ($294,000 for 10-to-19-seat airplanes have been approved so that each manufacturer cost of $10,000 for initial and $140,000 for 20-to-30-seat manufacturer will not have to engineering design, testing, and airplanes) and the 15-year-compliance completely reengineer its seats. documentation for FAA approval. On cost is $452,000 of which $303,000 is In response to the increase in time that basis, the FAA had estimated that for 10-to-19-seat airplanes and $149,000 (from 4 years to 15 years) to comply the compliance cost during each of the is for 20-to-30-seat airplanes ($418,000, with the rule, the FAA assumes that no first four years would be $280,000 and present value of which $281,000 is for airplane that will be withdrawn from $10,000 per year thereafter. The 10-year 10-to-19-seat airplanes and $137,000 is scheduled-passenger service during total costs were estimated to be $1.184 for 20-to-30-seat airplanes). those 15 years will be retrofitted with million or $993,000, present value. fire-blocking-seat-cushion materials. After additional analysis, the FAA is 4. Maintenance Further, an operator of an existing persuaded that its initial cost estimates The FAA estimates that over the 15- airplane that will be employed in need revision. Based on its analysis of year period, the total cost of compliance scheduled passenger service beyond the the technology required to install these for the relevant maintenance sections 15-year period will wait until the last devices, the FAA determines that there affected by the final rule will amount to moment (13 to 14 years) before is a per airplane cost of $4,000 for a an estimated $18.18 million ($11.92 performing the retrofit. Based on retrofit and $2,000 for installation in a million, present value). A discussion of industry statements, commuter-category newly-manufactured airplane. However, the individual maintenance costs is airplanes are being built with the the number of airplanes expected to be presented below. expectation of a 25-to-30-year lifespan. sold by the manufacturer who reported Section 121.361 Applicability. The Also based on industry statements, the this device is standard equipment is final rule requires all affected commuter initial cost (plus one or two cushion subtracted from the expected number of operators to have an airplane reupholsteries) is less than or about the newly-manufactured airplanes that will maintenance program that is same as a retrofit 10 or fewer years in need to install this device. In addition, appropriate for part 121 operations. All the future. The FAA anticipates that the associated equipment and wiring part 135 commuters currently operating 65908 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations under a part 135 continuous duty. The FAA, therefore, did not operator as required under section airworthiness maintenance program estimate any incremental costs 121.380. (CAMP) will be required to revise and associated with this section, and treated In the NPRM, the FAA maintained possibly upgrade their programs in it as one not contributing to the total that because section 135.439 was accordance with the new part 121 maintenance costs. essentially identical to 121.380, there standards. Currently, commuter For the final rule, in considering the would be minimal new recordkeeping operators of airplane type-certificated unique operating environment of requirements imposed on part 135 with a passenger seating configuration Alaska, the FAA has determined that operators and thus, assumed no of 10 seats or more operate under a imposing the requirements of the incremental costs would result from CAMP as specified in section maintenance and preventive- changes to this section. The FAA also 135.411(a)(2). Most differences among maintenance-personnel-duty-time maintained that there would be no the respective part 135 operators’ limitations for part 121 operators onto incremental cost impact resulting from CAMP’ arise from the varying part 135 operators will be a cost factor. changes to part 121.380a. Upon review complexity of the different airplanes, The cost for the Alaskan operators is of the proposal and subsequent not solely from the type of operation. $312,000 per year for all Alaskan 10-to- comments received, the FAA has Therefore, the only new requirement 19-seat airplane operators. This cost determined that the merging of the will be to revise and possibly upgrade estimate was provided by the Alaskan recordkeeping requirements of sections part 135 operators’ existing CAMP’s, not Air Carriers Association (AACA) and 121.380 and 135.439 brought on by the to develop entirely new maintenance adopted by the FAA for this analysis. commuter rule will involve incremental programs. For the remaining operators, the annual administrative costs. The FAA therefore, The FAA estimates the one-time total cost is an estimated 80 hours per year has revised its NPRM position of no compliance cost of the maintenance at $20.44 per hour for the maintenance costs, and estimated the administrative applicability section is $104,000. Of this foreman to perform the additional costs for the new requirements total, $63,000 will be incurred by scheduling necessary to comply with incorporated in the changes to sections operators of 10-to-19-seat airplanes and the rule. The FAA estimates that a 121.380, 121.380a and 135.439. $41,000 will be borne by operators of maintenance foreman will spend The cost was derived from averaging 20-to-30-seat airplanes. The FAA approximately 80 additional hours per the total recording cost for Alaskan assumes, based on information received year to meet the part 121 standards. commuter airplanes as provided by the from its technical personnel, that an Thus, the cost for non-Alaskan 10-to-19- AACA and applied to the total 10-to-19- average of 80 hours will be required of seat operators in 1996 will be 23 seat airplane fleet. The AACA estimated each affected operator’s maintenance operators × $20.58 × 80 hours or the total first-year cost for Alaska shop foreman to review an operators’ $37,870. For 20-to-30-seat seat operators to be $156,000. This was CAMP to ensure compliance with the operators, the cost in 1996 will be 25 divided by the number of 10-to-19-seat final rule. Assuming a loaded hourly operators × $20.58 × 80 hours or airplanes in Alaska (44) for an average wage of $20.58 for a maintenance $41,000. The calculations would be the cost of $3,545 per airplane. This was foreman, the one-time cost estimate for same in subsequent years. then multiplied by the total number of each operator will be approximately Over the 15-year period, the total cost airplanes in the 1996 U.S. fleet. In 1996, $1,650 (80×$20.58). imposed due to the new duty-time- the number of airplanes will be 629 Section 121.377 Maintenance And limitation requirement will be (673–44), 44, and 277 for 10-to-19-seat Preventive Maintenance Personnel Duty approximately $6.02 million ($3.65 non-Alaska airplanes, 10-to-19-seat Time Limitations. The final rule will million, present value). Most of this Alaska airplanes, and 20-to-30-seat require all commuter operators to cost, $4.68 million, falls on Alaskan part airplanes respectively. For subsequent adhere to the part 121 limitation of time 135 operators of 10-to-19-seat airplanes. years, the additional reporting cost will that maintenance and preventive This disproportionate amount reflects be $26,000 for the 10-to-19-seat maintenance personnel can be required the probable added labor requirements airplanes in Alaska. The FAA divided to remain on duty. Section 121.377 of Alaskan operators owing to the that cost by the number of Alaskan requires maintenance personnel to be uniqueness of the Alaskan operating airplanes (44) and then multiplied it by relieved from duty for a period of at environment. the total U.S. fleet. Thus, in 1997 the least 24 consecutive hours during any 7 Section 121.380 Maintenance fleet count is 639 (683–44) 10-to-19-seat consecutive days, or the equivalent Recording Requirements. This section non-Alaska airplanes and 307 20-to-30- thereof within any one calendar month. provides for the preparation, seat airplanes. The total costs for 1997 Maintenance and preventive maintenance, and retention of certain are $26,000 for Alaska, $377,590 maintenance personnel employed by records using the system specified in ($26,000/44×639) for 10-to-19-seat non- part 135 operators have no such duty the certificate holder’s manual. It further Alaska, and $181,409 ($26,000/44×307) time limitation. specifies the length of time records must for 20-to-30-seat airplanes. The same The FAA maintained in the NPRM be retained and the requirements for procedure is used for the remaining that simple adjustments in work records to be transferred with the years. The total cost imposed on scheduling or duty requirements of airplane at the time the airplane is sold. operators of part 135 airplanes due to maintenance personnel were on-going Section 121.380a, Transfer Of the additional recordkeeping required to costs of doing business which would Maintenance Records, develops the merge parts 121 and 135 maintenance not be affected by the commuter rule. transfer of records in more detail. It recording requirements is Furthermore, the FAA held that the requires the certificate holder to transfer approximately $11.5 million ($7.8 existence of union work rules, certain maintenance records to the million, present value) for the 15-year Department of Labor regulations and the purchaser, at the time of sale, in either period. generally accepted notion of a ‘‘day of plain language or coded form which As a final point, this rule will impose rest’’ would be sufficient to limit the provides for the preservation and costs on some part 121 operators by amount of time that part 135 retrieval of information. The section requiring them to maintain information maintenance and preventive ensures that a new owner receives all on engine and propeller time in service maintenance personnel remained on records that are to be maintained by an as specified in section 135.439/121.380. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65909

The FAA concurs with a commenter’s for deviations from the 50-hour is 50 percent, then the difference in objection that for the few operators of requirement. A sample of FAA records hours would be 13 [(50–25) × .5]. Also, older, part 121 propeller-driven on proving tests shows that, since 1991, the FAA found from the survey of its airplanes, this will necessitate a there has been a wide range of hours records that, on average, operators substantial search-cost for historical actually flown for proving tests. This is conduct one proving test every four records. In this instance the costs will because the amount that the operator is years, which equates to approximately 3 not be borne by part 135 operators who, allowed to deviate from the prescribed tests over the 15-year period. for the most part, utilize propeller- number of hours is based on what that The average number of operators in driven airplanes, but rather, by a few operator requests and on what the FAA any given year over the next 15 years is part 121 operators who do not utilize will allow. However, based on the above 68. Based on this, the FAA will conduct jet-driven airplanes. However, in the sample, the FAA assumes for the approximately 14 ((68 operators × 3 final rule, the FAA will make this purposes of this analysis that the tests)/15 years) proving tests annually: 8 requirement prospective only; those part average deviation will be down to a total for 10-to-19-seat airplanes and 6 for 20- 121 operators of propeller-driven of 15 hours. to-30-seat airplanes. The FAA estimates airplanes will be required to maintain The FAA recognizes that some that the increased cost of a proving test information on engine and propeller operators who currently operate under a per part 135 operator would be $6,050 time in service only from the date of the split certificate already have experience for a 20-to-30-seat airplane and $5,800 first overhaul of the engine or propeller operating under part 121. Also, some for a 10-to-19-seat airplane. For all as applicable. Thus, this new part 135 operators already voluntarily affected operators, the final rule will requirement should only impose comply with part 121 requirements for impose approximately $82,700 annually negligible costs on these part 121 much of their operation. To the extent in additional costs for proving tests. operators. practicable, for these and possibly other Over the next 15 years, the total operators, the FAA will not require a recurring cost of this provision would 5. Part 119 proving flight. However, some operators be $1.24 million ($0.75 million, present Part 119 is a new part that who will have to make significant value). consolidates the certification and changes to the operation as a result of Sections 119.65, 119.67, 119.69, and operations specifications requirements the final rule will have to have a 119.71—Directors of Maintenance, for persons who operate under parts 121 proving flight. The FAA anticipates that Operations, and Safety; Chief Inspector; and 135. Most of these regulations are 50 percent of the estimated number of and Chief Pilot. The existing currently in SFAR 38–2; therefore, proving tests will not have to include a requirements for establishing and the moving them to part 119 would not proving flight. The only cost to these eligibility of management personnel impose any additional cost. However, operators will be the preparation and only apply to part 135 operators some sections currently under parts 121 completion of the test for the dispatch (excluding those that use only one pilot) and 135 would be moved to part 119. system. For this analysis, the FAA and supplemental and commercial part The costs imposed on affected operators assumes three days preparation for the 121 operators. The final rule will by those sections are presented below. manager, maintenance director, and expand the applicability of the Over 15 years, the costs of these secretary. requirement for management positions provisions are estimated to be $3.36 For those operators who must take the to all part 121 operators as well. million ($2.30 million, present value). proving test, the cost will be the same However, the FAA contends that part Sections 119.33(c) and 121.163— three days preparation plus the 15 hours 121 operators, by the very nature and Proving Tests. When an operator of flight time. The FAA estimates that size of their operations, already have changes the type of operation it the 15 hours of proving test flights will personnel in these positions (or the conducts or purchases an airplane that cost the operator approximately $8,560 equivalent of these positions). Thus, is new to a certain type of operation, for a 20-to-30-seat airplane and $7,000 there will be no cost to incorporate part that operator must undertake a proving for a 10-to-19-seat airplane. The 121 operators under these requirements. test. A proving test generally consists of difference in cost is due to the flight There are three other potential cost a non-passenger flight in which the attendant being on board in the 20-to- areas for the management positions operator proves that it is capable of 30-seat airplanes. required in the final rule. First, is the safely conducting that type of operation The FAA estimates that there will be new recency of experience for first time or airplane. Going from a part 135 90 proving tests necessary in 1996 to Directors of Operations and operation to a part 121 operation would bring the existing fleet up to part 121 Maintenance. Second, is the new be a change in operation and be subject standards (assuming a proving test for Director of Safety position for both part to a proving test. Under the final rule, each type of airplane for each part 135 121 and part 135 operators. Third is the there would be two costs associated carrier affected by the final rule.) The Chief Inspector, which will be a new with proving tests—initial and cost to the 60 part 135 operators in 1996 position for those part 135 commuters recurring. The initial cost would be to complete the initial 90 proving tests who upgrade to part 121. proving tests for upgrading the existing would be approximately $393,660 Recency of Experience. The final rule part 135 fleet that would become part ($367,900, present value). Of this cost, will impose new recency of experience 121. The recurring costs would be for approximately $128,300 would be requirements for those Director of any future operational or airplane incurred by operators with 20-to-30-seat Maintenance and Operations candidates changes that would normally require a airplanes and $265,360 by operators who will have that title for the first proving test (as required by the existing with 10-to-19-seat airplanes. time. In addition to other requirements, rule). The recurring costs would accrue over these candidates will have to have three The current regulation prescribes 50 the next 15 years as affected operators years of experience (within their hours of flight for a part 121 (section conduct part 121 proving tests instead respective fields) within the past six 121.163(b)(1)) proving test. This is the of part 135 proving tests. If the years to be eligible for a Director number that part 135 operators prescribed number of hours for part 135 position. This will ensure that those switching to part 121 will be subject to. and part 121 operators is 25 and 50 candidates who do not have any However, the current rule also allows respectively, and the average deviation experience as a Director at least have 65910 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations recent on-the-job experience in their part 121, the FAA will consider these counterparts will progressively blur the respective fields. requests on a case-by-case basis. distinction between commuter carriers The potential cost of the recency of On-Demand Operators Conducting and larger air carriers. In other words, experience requirement is the reduction Scheduled Operations. Under part 135, passengers will no longer readily at any given time in the number of first- on-demand operators will be allowed to distinguish between one type of carrier time candidates available for these conduct up to four scheduled operations and another, but will simply view each positions. This is because some first- a week and still remain an on-demand component as a part of the nation’s air time candidates may have to acquire operator. There is no such allowance in transportation system. It is imperative, additional years of experience if they do part 121. Thus, if a current on-demand therefore, that a uniform level of safety not have it at the time that they are operator conducts even one scheduled be afforded the traveling public being considered for a Director position. passenger flight with a 10-to-30-seat throughout the system. Air carrier It is extremely difficult to project how airplane, then that airplane must be accidents, perhaps more than accidents many future first-time Director upgraded to and the operation flown in any other mode, affect public candidates will be affected by the final under part 121. The FAA has identified confidence in air transportation. rule. However, this will have little if any 5 airplanes in the current fleet with 10 What is the public value or benefit of effect on an operator’s ability to find to 19 seats that are used by on-demand air transportation? It would be nearly potential applicants to fill a Director operators in scheduled service. To bring impossible to calculate something that position. This is for three reasons. First, these airplanes up to the part 121 has been so widely accepted in the the FAA contends that the number of standards will cost approximately $1.73 American lifestyle. One figure that potential candidates who do not meet million ($1.18 million, present value). represents the very least value the the recency of experience requirement The components behind this estimate public places on traveling by air is the both now and in the future is small in are provided below (explanations of annual amount the public spends on air relation to the total number of potential these costs components are provided in transportation, or in other words, applicants for a Director position. their respective sections). annual air carrier revenues. In 1994, the Second, the FAA contends that the C. Benefits FAA estimated that amount to be $88 supply of existing personnel who would The commuter segment of the U.S. billion. If public confidence wavers by qualify for a Director position, plus airline industry is a vital and growing only one percent, annual total air carrier those who are already a Director, is component of the nation’s air revenues would be reduced by $880 sufficient to keep wages from increasing transportation system. Commuter million, which is a minimum dollar as a result of the new qualification airplanes transport passengers between estimate of the cost that would be requirements. Further, the new small communities and large hubs, and experienced by the public in terms of requirements are not substantive enough they play a vital role in transporting being denied a fast, safe means of to cause wages to increase. Third, passengers over short distances, transportation. operators can always request regardless of airport or community size. Some studies have been done to authorization from the FAA to hire an In many cases, they are a community’s measure the effect of change in public applicant who has comparable only convenient link to the rest of the confidence. In 1987, the FAA studied experience. For the initial upgrade to nation’s air transportation system. the impact of terrorist acts on air travel part 121, the FAA will approve these Over the past 15 years, the size of the on North Atlantic routes. The study authorizations to the extent practicable. commuter industry has grown investigated the relationship between Thus, the FAA contends that the final considerably. In 1993, for example, the amount of media attention given to rule will not impose a hardship on enplanements for commuter carriers a specific terrorist act and reductions in operators in having enough potential grew by over 10 percent, far outpacing air traffic. The study concluded that qualified applicants to fill the Director the one percent growth of enplanements there was a measurable, short-term, positions. on larger carriers. Forecasts of carrier-specific correlation between the Director of Safety. This is a new commuter industry activity give every two. Following a well-publicized position for part 121 but the FAA indication that growth in this segment incident, ridership on the carrier contends that this position will impose of the airline industry will continue to experiencing the incident dropped by as little if any additional cost to operators. be robust during the next 15 years. much as 50 percent for a few months. The rationale for this assessment is Many commuter carriers operate in In another instance, a major air carrier based on two factors: (1) There are no partnership with large air carriers, reported that two catastrophic accidents eligibility requirements for the Director providing transportation to and from in 1994 resulted in a half-year-revenue of Safety so virtually anyone can be hub locations that would be loss to that carrier of $150 million. designated as such; and (2) most unprofitable with larger airplanes. These examples relate to carriers operators already have a Director of These partnerships frequently operate operating large airplanes, but they Safety or the equivalent. within a seamless ticketing illustrate how the prevailing level of Chief Inspector. For existing part 135 environment, in which the large carrier public confidence can affect the public commuter operators who will now issues a ticket that often includes a trip use of air transportation. operate under part 121, the position of segment on a commuter airplane. As It is clear that the American public Chief Inspector will be new. The FAA these relationships between large demands a high degree of safety in air contends that this requirement will carriers and commuter airlines continue travel. This is manifested by the large impose little if any additional cost. to grow, it will become more common amount of media attention given to the Many part 135 operators already have for the average long distance flyer to rare accidents that do occur, by the personnel that are the equivalent of a spend at least one flight segment on short term reductions in revenues Chief Inspector. The operator may commuter airplanes. carriers have experienced following petition the Administrator to combine The combined effect of a continuing accidents or acts of terrorism, and by the positions or request authorization to growth in the commuter industry and pressure placed on the FAA as the appoint someone who has comparable the ever growing relationship between regulator of air safety to further reduce experience. For the initial upgrade to large carriers and their commuter accident rates. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65911

The FAA is confident that the final passenger seating configuration of the difference in average accident rates for rule will further reduce air carrier airplanes involved—10 to 19, 20 to 30, 10-to-30-seat part 135 airplanes and 31- accidents. The final rule will require and 31 to 60. The FAA then divided the to-60-seat part 121 airplanes and dozens of changes to the way that annual number of accidents by the multiplied them by the projected annual smaller air carrier airplanes are built, annual number of scheduled departures number of departures for 10-to-30-seat maintained, and operated—all aimed at for each group to derive the annual part 135 airplanes. This gives the eliminating or at the very least accident rates. After calculating the 10- projected annual number of accidents minimizing the differences between year historical average accident rates, that the final rule could prevent. The small and large airplanes and the way the FAA took the difference in the FAA estimates that, from 1996 to 2010, they operate. Many of these changes accident rates between the part 135 67 accidents could be prevented. result in small, unmeasurable safety airplanes and the part 121 airplanes. Multiplying the number of potential improvements when examined in The difference in rates was then accidents by the average cost of a part isolation, but taken together result in a multiplied by the projected annual 135 accident ($6.3 million for 10-to-19- measurable difference. That measurable number of scheduled part 135 seat airplanes or $24.6 million for 20-to- difference ultimately is to bring departures of airplanes with 10 to 19 30-seat airplanes) results in total commuter accident rates down to the seats and 20 to 30 seats from 1996 to potential benefits of $588.2 million very low level of that of the larger 2010. Each step of this estimation ($350 million, present value). carriers. That rate is nearing the point of procedure is described in detail below. The extent to which the accident rate rare, random events. The Accident Database. The NTSB gap closes will determine how much of What follows is a quantified analysis defines an accident as an occurrence the $350 million in potential benefits is of the potential benefits of the final rule associated with the operation of an actually achieved. Based on the scope of based on the assumption that it will airplane which takes place between the the final rule, the FAA anticipates a reduce the number of commuter time any person boards the airplane significant closing of this gap. airplane accidents and (possibly with the intention of flight and the time D. Comparison of Costs and Benefits mitigate the severity of those casualties such that persons have disembarked, in accidents that will occur). The and in which any person suffers death Over the next 15 years, the Commuter analysis finds that measurable potential or serious injury or in which the Rule will impose total costs of $117.80 benefits substantially exceed the cost of airplane receives substantial damage. million, with a present value of $75.19 the final rule, but the FAA believes that The FAA looked at only those accidents million. Of the total costs, $80.36 the larger but unquantifiable benefit is for which the final rule could have an million will be for airplanes with 10 to continued public confidence in air effect. Accidents in which the probable 19 seats and $37.44 million will be for transportation. cause was undetermined, the result of airplanes with 20 to 30 seats. Safety Benefits From Preventing turbulence, or was related to the ground The benefit of the Commuter Rule is Accidents. The intent of the Commuter crew were not included in the database. its contribution to closing the accident Rule is to close, to the extent The FAA also excluded midair rate gap between part 121 and existing practicable, the accident rate gap collisions, since the current airspace part 135 commuter operators. The FAA between airplanes with 10 to 30 seats rules (Mode C, TCAS, positively- estimates that closing this gap will currently operating under part 135 and controlled-airspace areas, etc.) would prevent 67 accidents over the 15 year airplanes with 31 to 60 seats operating not be affected by the final rule. Finally, period for a total present value benefit under part 121. The smaller ‘‘commuter- the FAA excluded accidents involving of $350 million. It is not certain how type’’ part 121 airplanes were used for unscheduled and all-cargo operations. much of the accident-rate gap the final comparison because their operations Annual Accident Rate. Based on the rule will close. In view of this best resemble those of commuters than annual number of accidents from the uncertainty, the FAA contends that the do larger part 121 airplanes. If the database and the annual number of final rule will be cost-beneficial because accident rate gap were completely departures, the FAA estimated the it will have to be only 21 percent closed, the FAA estimates that up to 67 accident rates for 10-to-30-seat airplanes effective for costs to equal benefits. accidents involving airplanes with 10 to operating under part 135 and 31-to-60- Given the broad scope of the rule, the 30 seats could be prevented from 1996 seat airplanes operating under part 121. FAA anticipates that, at a minimum, the to 2010. This would generate a benefit From 1986 to 1994, the FAA found that rule will be this effective and more. of $588 million, with a present value of part 135 airplanes with 10 to 19 seats One additional observation needs to $350 million. were involved in accidents at a rate of be made. The FAA considers the Typically, the FAA estimates aviation .32 accidents per 100,000 departures Commuter Rule to be complementary to safety benefits based on rates of specific and airplanes with 20 to 30 seats the Air Carrier Training Program final types of accidents that the rulemaking occurred at an average rate of .17 rule and the Flight Crewmember Duty would prevent in the future. For this accidents per 100,000. Accidents Period Limitations and Rest rulemaking, however, the FAA used a involving part 121 airplanes with 31 to Requirements NPRM. A common goal of more broad-based accident rate. This 60 seats had an average accident rate of these three rulemaking actions is to approach was adopted because the .13 accidents per 100,000 departures. prevent the 67 accidents that represent scope of the various components of the The Average Cost of a Part 135 the accident-rate gap between part 135 rule covers such a wide range, and Accident. From the accident database commuters and part 121 operators. many of those components are discussed above, the FAA found that the In terms of the accident-rate gap, the interrelated. average part 135 accident involving 10- benefits of the Commuter Rule are a part To estimate the benefits of the rule, to-19- and 20-to-30-seat airplanes cost of this total benefit. However, it is not the FAA assembled a database of $6.3 million and $24.6 million, possible to allocate that benefit among applicable part 121 and part 135 respectively. the three rulemaking actions because it accidents between 1985 and 1994 using Estimating Potential Benefits. To is difficult to determine which National Transportation Safety Board estimate the benefit of closing the rulemaking action would prevent a (NTSB) accident reports. These accident-rate gap between part 135 and given accident. For example, individual accidents were categorized by the part 121 airplanes, the FAA took the accidents may be prevented by any one 65912 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations or a combination of several factors such market with a minimal affect on 32825, July 29, 1982]. Federal Aviation as: international trade. Administration (FAA) Order 2100.14A • Preventing the occurrence of a Airplane Sales. Commuter airplanes outlines FAA’s procedures and criteria problem with an airplane in the first are sold on a worldwide basis, and this for implementing the RFA. With respect place (Commuter rule); creates the potential for international to the final rule, a ‘‘small entity’’ is • Providing more or better crew trade impacts. The final rule could defined as a commuter operator (with 10 training to properly respond to the affect the competitiveness of airplanes to 30 seats) that owns, but does not problem after it occurs (Air Carrier made for the U.S. market that are resold necessarily operate nine or fewer Training Program rule); internationally. Under the final rule, airplanes. A ‘‘significant economic • Providing a dispatcher to help commuter airplanes made for the impact on a small entity’’ is defined as identify a problem before it becomes a American market would include new an annualized net compliance cost to a potential accident (Commuter rule); and equipment and upgrades necessary to small scheduled commuter operator that • Ensuring pilots are not over-worked meet expanded safety requirements. is equal to or greater than $67,000 (1994 and tired (The Rest and Duty NPRM). These improvements will increase the dollars). The entire fleet of a small The Commuter Rule only addresses a cost and maintenance requirements for scheduled commuter operator has at portion of the necessary requirements to the airplane and could negatively affect least one airplane of seating capacity of their sales potential in foreign markets, close the accident-rate gap. If the $75 60 or fewer seats. The annualized net particularly to customers in developing million present value cost of this rule is compliance cost to a small operator nations. combined with the $51 million in cost- whose entire fleet has a seating capacity Many small air carriers in the of over 60 seats is $119,900 (1994 savings of the Flight and Duty NPRM, developing world fly under significantly and the cost of Pilot Training, $34 dollars). A substantial number of small lower safety requirements than are entities is defined as a number that is 11 million, the total cost, $58 million ($34 required in the United States. Operators ¥$51+$75), is still less than the or more and that is more than one-third are generally not motivated to purchase of small commuter operators subject to estimated $350 million benefit of airplanes that exceed their countries’ the final rule. eliminating the accident-rate gap. These minimum requirements. Further, these The FAA is requiring certain rules combined need only be 17 percent operators sometimes lack the facilities, commuter operators that now conduct effective to be cost-beneficial. equipment, and expertise that are operations under part 135 to conduct E. International Trade Impact necessary to keep sophisticated systems those operations under part 121. The Assessment operational. Therefore, when commuter operators that will be affected purchasing either new or second-hand are those conducting scheduled Overview. The final rule will have a airplanes, operators tend to focus on passenger-carrying operations in minimal effect on international trade. airplanes that rely on a minimum of airplanes that have a passenger-seating Although there are a number of across- complex systems and equipment and configuration of 10 to 30 seats and those the-border commuter services between that meet their basic requirements at the conducting scheduled passenger- the U.S., Canada, and Mexico, they lowest cost. carrying operations in turbojets represent a small number of routes and Although sales of smaller airplanes to regardless of seating configuration. The airplanes. The only other concern with the developing countries represent an rule will revise the requirements regard to international trade is airplane important component of the market, the concerning operating certificates and sales. There is the potential that largest market by far is in North operations specifications. The rule will increased equipment requirements and America. In this case, since the also require certain management standards may limit the ability of airplanes will have to operate under the officials for all operators under parts commuter airplanes manufactured for same standards as before their resale, 121 and 135. The rule will increase the U.S. market to be resold to buyers there would be no impact. According to safety in scheduled passenger-carrying in developing nations. Often, these recent estimates, the worldwide market operations and clarify, update, and countries do not have extensive safety for commuter airplanes is estimated to consolidate the certification and requirements and may prefer less be almost $20 billion over the next 15 operations requirements for persons sophisticated airplanes. years, with a projected 59 percent of who transport persons or property by air International Routes. Most of the those sales occurring in North America. for compensation or hire. nation’s 63 commuter airlines operate Sales to Europe account for The total present value cost to small almost exclusively on domestic routes, approximately 20 percent of the total entities with 10-to-19-seat airplanes is with only limited international sales. $16.7 million. The section on operations operations and no transoceanic routes. represents $10.1 million or 64 percent of The majority of these international F. Regulatory Flexibility Determination the total. The section on maintenance operations are across-the-border services Summary represents $4.0 million or 24 percent of between cities in the United States and The Regulatory Flexibility Act of 1980 the total. The total present value cost to locations in Canada and Mexico. There (RFA) was enacted by Congress to small entities with 20-to-30-seat are relatively few carriers engaging in ensure that small entities are not airplanes is $4.0 million. The section on this kind of commuter service, with unnecessarily or disproportionately operations represents $2.9 million or 73 only a limited number of flights. Most burdened by Federal regulations. The percent of the total. The section on part of these services are between points in RFA requires a Regulatory Flexibility 119 represents $416,000 or 10.4 percent the border states, such as California, Analysis if a final rule will have ‘‘a of the total. Arizona, Texas, Wisconsin, Michigan, significant economic impact on a This determination shows that for an Washington, and New York, flying to substantial number of small entities.’’ operator with only 10-to-19-seat Mexican and Canadian cities. Although The definitions of small entities and airplanes, the average annualized cost the final rule may require some foreign guidance material for making will be $61,900 and for an operator with carriers to comply with its determinations required by the 20-to-30-seat airplanes, the average requirements, the primary effect will Regulatory Flexibility Act of 1980 are annualized cost will be $35,600. Given still be borne by the domestic air carrier contained in the Federal Register [47 FR the threshold annualized cost of $67,000 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65913 for a small commuter operator (with 60 Reporting and recordkeeping SFAR No. 71—Special Operating Rules or fewer seats), the FAA estimates that requirements. for Air Tour Operators in The State of this final rule will not have a significant Hawaii 14 CFR Part 125 economic impact on a substantial Aircraft, Airmen, Aviation safety, Section 1. Applicability. This Special number of small entities. A complete Federal Aviation Regulation prescribes copy of the Regulatory Flexibility Reporting and recordkeeping operating rules for airplane and helicopter Determination is in the public docket. requirements. visual flight rules air tour flights conducted Federalism Implications 14 CFR Part 127 in the State of Hawaii under 14 CFR parts 91, 121, and 135. This rule does not apply to: The regulations do not have Air carriers, Aircraft, Airmen, (a) Operations conducted under 14 CFR substantial direct effects on the states, Aviation safety, Reporting and part 121 in airplanes with a passenger seating on the relationship between the national recordkeeping requirements. configuration of more than 30 seats or a payload capacity of more than 7,500 pounds. government and the states, or on the 14 CFR Part 135 distribution of power and (b) Flights conducted in gliders or hot air responsibilities among various levels of Aircraft, Airplane, Airworthiness, Air balloons. government. Thus, in accordance with transportation. * * * * * Section 7. Passenger briefing. Before Executive Order 12612, it is determined IX. The Amendments that such a regulation does not have takeoff, each PIC of an air tour flight of In consideration of the foregoing and Hawaii with a flight segment beyond the federalism implications warranting the under the authority of 49 U.S.C. 44702, ocean shore of any island shall ensure that preparation of a Federalism Assessment. the Federal Aviation Administration each passenger has been briefed on the Paperwork Reduction Act amends the Federal Aviation following, in addition to requirements set forth in 14 CFR 91.107, 121.571, or 135.117: The information collection Regulations (14 CFR parts 91, 119, 121, 125, 127, and 135) as follows: * * * * * requirements associated with this rule 4. The heading of subchapter G is have been approved by the Office of PART 91ÐGENERAL OPERATING AND revised to read as follows: Management and Budget, until FLIGHT RULES December 1998, in accordance with 44 SUBCHAPTER GÐAIR CARRIERS AND U.S.C. Chapter 35 under OMB No. 1. The authority citation for part 91 is OPERATORS FOR COMPENSATION OR 2120–0593, TITLE: Commuter changed to read as follows: HIRE: CERTIFICATION AND OPERATIONS Operations and General Certification 5. A new part 119 is added to 14 CFR Authority: 49 U.S.C. 106(g), 1155, 40103, chapter I, subchapter G, to read as and Operations Requirements. 40113, 40120, 44101, 44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, follows: Conclusion 46306, 46315, 46316, 46502, 46504, 46506– For the reasons set forth under the 46507, 47122, 47508, 47528–47531; Articles PART 119ÐCERTIFICATION: AIR heading ‘‘Regulatory Analysis,’’ the 12 and 29 of the Convention on International CARRIERS AND COMMERCIAL FAA has determined that this Civil Aviation (61 Stat. 1180). 902; 49 U.S.C. OPERATORS 106(g). regulation: (1) Is a significant rule under Subpart AÐGeneral Executive Order 12866; and (2) is a 2. Special Federal Aviation Sec. significant rule under Department of Regulation No. 50–2 is amended by 119.1 Applicability. Transportation Regulatory Policies and removing the words ‘‘part 135’’ from 119.2 Compliance with 14 CFR part 119 or Procedures (44 FR 11034; February 26, paragraph (c)(2) of section 3 and by SFAR 38–2 of 14 CFR part 121. 1979). Also, for the reasons stated under revising section 6 to read as follows: 119.3 Definitions. the headings ‘‘Trade Impact Statement’’ 119.5 Certifications, authorizations, and SFAR No. 50–2—Special Flight Rules in and ‘‘Regulatory Flexibility prohibitions. the Vicinity of the Grand Canyon Determination,’’ the FAA certifies that 119.7 Operations specifications. National Park, AZ the rule will not have a significant 119.9 Use of business names. economic impact on a substantial * * * * * Subpart BÐApplicability of Operating number of small entities. A copy of the Sec. 6 Commercial sightseeing flights. (a) Requirements to Different Kinds of full regulatory evaluation is filed in the Non-stop sightseeing flights that begin and Operations Under Parts 121, 125, and 135 of end at the same airport, are conducted within This Chapter docket and may also be obtained by a 25-statute-mile radius of that airport, and contacting the person listed under FOR operate in or through the Special Flight Rules 119.21 Direct air carriers and commercial FURTHER INFORMATION CONTACT. Area during any portion of the flight are operators engaged in intrastate common carriage with airplanes. List of Subjects governed by the provisions of SFAR 38–2 of part 119, part 121, and 135 of this chapter, 119.23 Operators engaged in passenger- 14 CFR Part 91 as applicable. carrying operations, cargo operations, or (b) No person holding or required to hold both with airplanes when common Aircraft, Airmen, Aviation safety, an air carrier certificate or an operating carriage is not involved. Reporting and recordkeeping certificate under SFAR 38–2 or part 119 of 119.25 Rotorcraft operations: Direct air requirements. this chapter may operate an aircraft having a carriers and commercial operators. 14 CFR Part 119 passenger-seat configuration of 30 seats or Subpart CÐCertification, Operations fewer, excluding each crewmember seat, and Specifications, and Certain Other Administrative practice and a payload capacity of 7,500 pounds or less, Requirements for Operations Conducted procedures, Air carriers, Air taxis, in the Special Flight Rules Area except as Under Part 121 or Part 135 of this Chapter Aircraft, Aviation safety, Charter flights, authorized by operations specifications issued under that part. 119.31 Applicability. Commuter operations, Reporting and 119.33 General requirements. recordkeeping requirements. * * * * * 119.35 Certificate application. 3. Special Federal Aviation 14 CFR Part 121 119.37 Contents of an Air Carrier Certificate Regulation No. 71 is amended by or Operating Certificate. Air carriers, Aircraft, Airmen, revising section 1 and the introductory 119.39 Issuing or denying a certificate. Aviation safety, Charter flights, text of section 7 to read as follows: 119.41 Amending a certificate. 65914 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

119.43 Certificate holder’s duty to maintain operating each class and size of aircraft (7) Helicopter flights conducted operations specifications. authorized in its operations within a 25 statute mile radius of the 119.45 [Reserved] specifications; airport of takeoff if— 119.47 Maintaining a principal base of (4) Requirements affecting wet leasing (i) Not more than two passengers are operations, main operations base, and main maintenance base; change of of aircraft and other arrangements for carried in the helicopter in addition to address. transportation by air; the required flightcrew; 119.49 Contents of operations (5) Requirements for obtaining (ii) Each flight is made under day VFR specifications. deviation authority to perform conditions; 119.51 Amending operations specifications. operations under a military contract and (iii) The helicopter used is certificated 119.53 Wet leasing of aircraft and other obtaining deviation authority to perform in the standard category and complies arrangements for transportation by air. an emergency operation; and with the 100-hour inspection 119.55 Obtaining deviation authority to (6) Requirements for management requirements of part 91 of this chapter; perform operations under a U.S. military personnel for operations conducted (iv) The operator notifies the FAA contract. Flight Standards District Office 119.57 Obtaining deviation authority to under part 121 or part 135 of this perform an emergency operation. chapter. responsible for the geographic area 119.58 Emergencies requiring immediate (c) Persons subject to this part must concerned at least 72 hours before each decision and action. comply with the other requirements of flight and furnishes any essential 119.59 Conducting tests and inspections. this chapter, except where those information that the office requests; 119.61 Duration and surrender of certificate requirements are modified by or where (v) The number of flights does not and operations specifications. additional requirements are imposed by exceed a total of six in any calendar 119.63 Recency of operation. part 119, 121, 125, or 135 of this year; 119.65 Management personnel required for chapter. (vi) Each flight has been approved by operations conducted under part 121 of the Administrator; and this chapter. (d) This part does not govern 119.67 Management personnel: operations conducted under part 129, (vii) Cargo is not carried in or on the Qualifications for operations conducted 133, 137, or 139 of this chapter. helicopter; under part 121 of this chapter. (e) Except for operations when (8) Operations conducted under part 119.69 Management personnel required for common carriage is not involved 133 of this chapter or 375 of this title; operations conducted under part 135 of conducted with airplanes having a (9) Emergency mail service conducted this chapter. passenger-seat configuration of 20 seats under 49 U.S.C. 41906; or 119.71 Management personnel: or more, excluding any required (10) Operations conducted under the Qualifications for operations conducted provisions of § 91.321 of this chapter. under part 135 of this chapter. crewmember seat, or a payload capacity of 6,000 pounds or more, this part does Authority: 49 U.S.C. 106(g), 1153, 40101, § 119.2 Compliance with 14 CFR part 119 40102, 40103, 40113, 44105, 44106, 44111, not apply to— or SFAR 38±2 of 14 CFR part 121. 44701–44717, 44722, 44901, 44903, 44904, (1) Student instruction; (a) Each certificate holder that before 44906, 44912, 44914, 44936, 44938, 46103, (2) Nonstop sightseeing flights January 19, 1996 was issued an air 46105. conducted with aircraft having a carrier certificate or operating certificate passenger seat configuration of 30 or and operations specifications under the Subpart AÐGeneral fewer, excluding each crewmember seat, requirements of part 121, part 135, or and a payload capacity of 7,500 pounds § 119.1 Applicability. SFAR 38–2 of part 121 of this chapter or less, that begin and end at the same shall continue to comply with SFAR (a) This part applies to each person airport, and are conducted within a 25 operating or intending to operate civil 38–2 of 14 CFR part 121 until March 20, statute mile radius of that airport; 1997 or until the date on which the aircraft— however, for nonstop sightseeing flights (1) As an air carrier or commercial certificate holder is issued operations for compensation or hire conducted in operator, or both, in air commerce; or specifications in accordance with part (2) When common carriage is not the vicinity of the Grand Canyon 119, whichever occurs first. If a involved, in operations of U.S.- National Park, Arizona, the certificate holder is issued operation registered civil airplanes with a seat requirements of SFAR 50–2 of this part specifications in accordance with part configuration of 20 or more passengers, and SFAR 38–2 of 14 CFR part 121 or 119 before March 20, 1997 then, or a maximum payload capacity of 6,000 14 CFR part 119, as applicable, apply; notwithstanding all provisions in SFAR pounds or more. (3) Ferry or training flights; 38–2 of 14 CFR part 121, such certificate (b) This part prescribes— (4) Aerial work operations, holder shall comply with the provisions (1) The types of air operator including— of part 119. certificates issued by the Federal (i) Crop dusting, seeding, spraying, (b) Each person who on or after Aviation Administration, including air and bird chasing; January 19, 1996 applies for or obtains carrier certificates and operating (ii) Banner towing; an initial air carrier certificate or certificates; (iii) Aerial photography or survey; operating certificate and operations (2) The certification requirements an (iv) Fire fighting; specifications to conduct operations operator must meet in order to obtain (v) Helicopter operations in under part 121 or 135 of this chapter and hold a certificate authorizing construction or repair work (but it does shall comply with this part operations under part 121, 125, or 135 apply to transportation to and from the notwithstanding all provisions of SFAR of this chapter and operations site of operations); and 38–2 of 14 CFR part 121. specifications for each kind of operation (vi) Powerline or pipeline patrol; to be conducted and each class and size (5) Sightseeing flights conducted in § 119.3 Definitions. of aircraft to be operated under part 121 hot air balloons; For the purpose of subchapter G of or 135 of this chapter; (6) Nonstop flights conducted within this chapter, the term— (3) The requirements an operator must a 25 statute mile radius of the airport of All-cargo operation means any meet to conduct operations under part takeoff carrying persons for the purpose operation for compensation or hire that 121, 125, or 135 of this chapter and in of intentional parachute jumps; is other than a passenger-carrying Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65915 operation or, if passengers are carried, Flag operation means any scheduled (B) For female flight crewmembers— they are only those specified in operation conducted by any person 140 pounds. §§ 121.583(a) or 135.85 of this chapter. operating any airplane described in (C) For male flight attendants—180 Certificate-holding district office paragraph (1) of this definition at the pounds. means the Flight Standards District locations described in paragraph (2) of (D) For female flight attendants—130 Office that has responsibility for this definition: pounds. administering the certificate and is (1) Airplanes: (E) For flight attendants not identified charged with the overall inspection of (i) Turbojet-powered airplanes; by gender—140 pounds. the certificate holder’s operations. (ii) Airplanes having a passenger-seat (ii) Oil—350 pounds or the oil Commuter operation means any configuration of more than 9 passenger capacity as specified on the Type scheduled operation conducted by any seats, excluding each crewmember seat; Certificate Data Sheet. person operating one of the following or (iii) Fuel—the minimum weight of types of aircraft with a frequency of (iii) Airplanes having a payload fuel required by the applicable Federal operations of at least five round trips capacity of more than 7,500 pounds. Aviation Regulations for a flight per week or at least one route between (2) Locations: between domestic points 174 nautical two or more points according to the (i) Between any point within the State miles apart under VFR weather published flight schedules: of Alaska or the State of Hawaii or any conditions that does not involve (1) Airplanes, other than turbojet territory or possession of the United extended overwater operations. powered airplanes, having a maximum States and any point outside the State of Maximum zero fuel weight means the passenger-seat configuration of 9 seats Alaska or the State of Hawaii or any maximum permissible weight of an or less, excluding each crewmember territory or possession of the United aircraft with no disposable fuel or oil. seat, and a maximum payload capacity States, respectively; or The zero fuel weight figure may be of 7,500 pounds or less; or (ii) Between any point within the 48 found in either the aircraft type (2) Rotorcraft. contiguous States of the United States or certificate data sheet, the approved Direct air carrier means a person who the District of Columbia and any point Aircraft Flight Manual, or both. provides or offers to provide air outside the 48 contiguous States of the Noncommon carriage means an transportation and who has control over United States and the District of aircraft operation for compensation or the operational functions performed in Columbia. hire that does not involve a holding out providing that transportation. (iii) Between any point outside the to others. Domestic operation means any U.S. and another point outside the U.S. On-demand operation means any scheduled operation conducted by any Justifiable aircraft equipment means operation for compensation or hire that person operating any airplane described any equipment necessary for the is one of the following: in paragraph (1) of this definition at operation of the aircraft. It does not (1) Passenger-carrying operations in locations described in paragraph (2) of include equipment or ballast which the departure time, departure this definition: specifically installed, permanently or location, and arrival location are (1) Airplanes: otherwise, for the purpose of altering specifically negotiated with the (i) Turbojet-powered airplanes; the empty weight of an aircraft to meet customer or the customer’s (ii) Airplanes having a passenger-seat the maximum payload capacity. representative that are any of the configuration of more than 9 passenger Kind of operation means one of the following types of operations: seats, excluding each crewmember seat; various operations a certificate holder is (i) Common carriage operations or conducted with airplanes, including (iii) Airplanes having a payload authorized to conduct, as specified in its turbojet-powered airplanes, having a capacity of more than 7,500 pounds. operations specifications, i.e., domestic, (2) Locations: flag, supplemental, commuter, or on- passenger-seat configuration of 30 seats (i) Between any points within the 48 demand operations. or fewer, excluding each crewmember contiguous States of the United States or Maximum payload capacity means: seat, and a payload capacity of 7,500 the District of Columbia; or (1) For an aircraft for which a pounds or less, except that operations (ii) Operations solely within the 48 maximum zero fuel weight is prescribed using a specific airplane that is also contiguous States of the United States or in FAA technical specifications, the used in domestic or flag operations and the District of Columbia; or maximum zero fuel weight, less empty that is so listed in the operations (iii) Operations entirely within any weight, less all justifiable aircraft specifications as required by State, territory, or possession of the equipment, and less the operating load § 119.49(a)(4) for those operations are United States; or (consisting of minimum flightcrew, considered supplemental operations; (iv) When specifically authorized by foods and beverages, and supplies and (ii) Noncommon or private carriage the Administrator, operations between equipment related to foods and operations conducted with airplanes any point within the 48 contiguous beverages, but not including disposable having a passenger-seat configuration of States of the United States or the District fuel or oil). less than 20 seats, excluding each of Columbia and any specifically (2) For all other aircraft, the maximum crewmember seat, or a payload capacity authorized point located outside the 48 certificated takeoff weight of an aircraft, of less than 6,000 pounds; or contiguous States of the United States or less the empty weight, less all justifiable (iii) Any rotorcraft operation. the District of Columbia. aircraft equipment, and less the (2) Scheduled passenger-carrying Empty weight means the weight of the operating load (consisting of minimum operations conducted with one of the airframe, engines, propellers, rotors, and fuel load, oil, and flightcrew). The following types of aircraft with a fixed equipment. Empty weight allowance for the weight of the crew, frequency of operations of less than five excludes the weight of the crew and oil, and fuel is as follows: round trips per week on at least one payload, but includes the weight of all (i) Crew—for each crewmember route between two or more points fixed ballast, unusable fuel supply, required by the Federal Aviation according to the published flight undrainable oil, total quantity of engine Regulations— schedules: coolant, and total quantity of hydraulic (A) For male flight crewmembers— (i) Airplanes, other than turbojet fluid. 180 pounds. powered airplanes, having a maximum 65916 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations passenger-seat configuration of 9 seats (2) Types of operation: (2) The appropriate authorizations, or less, excluding each crewmember (i) Operations for which the departure limitations, and procedures specified in seat, and a maximum payload capacity time, departure location, and arrival the operations specifications for each of 7,500 pounds or less; or location are specifically negotiated with kind of operation. (ii) Rotorcraft. the customer or the customer’s (g) No person may operate as a direct (3) All-cargo operations conducted representative; or air carrier or as a commercial operator with airplanes having a payload (ii) All-cargo operations. without, or in violation of, an capacity of 7,500 pounds or less, or with Wet lease means any leasing appropriate certificate and appropriate rotorcraft. arrangement whereby a person agrees to operations specifications. No person Passenger-carrying operation means provide an entire aircraft and at least may operate as a direct air carrier or as any aircraft operation carrying any one crewmember. A wet lease does not a commercial operator in violation of person, unless the only persons on the include a code-sharing arrangement. any deviation or exemption authority, if aircraft are those identified in When common carriage is not issued to that person or that person’s §§ 121.583(a) or 135.85 of this chapter, involved or operations not involving representative. as applicable. An aircraft used in a common carriage means any of the (h) A person holding an Operating passenger-carrying operation may also following: Certificate authorizing noncommon or carry cargo or mail in addition to (1) Noncommon carriage. private carriage operations shall not passengers. (2) Operations in which persons or conduct any operations in common Principal base of operations means cargo are transported without carriage. A person holding an Air the primary operating location of a compensation or hire. Carrier Certificate or Operating certificate holder as established by the (3) Operations not involving the Certificate authorizing common carriage certificate holder. transportation of persons or cargo. operations shall not conduct any Provisional airport means an airport (4) Private carriage. operations in noncommon carriage. approved by the Administrator for use (i) No person may operate as a direct by a certificate holder for the purpose of § 119.5 Certifications, authorizations, and prohibitions. air carrier without holding appropriate providing service to a community when economic authority from the (a) A person authorized by the the regular airport used by the Department of Transportation. Administrator to conduct operations as certificate holder is not available. (j) A certificate holder under this part a direct air carrier will be issued an Air Regular airport means an airport used may not operate aircraft under part 121 Carrier Certificate. by a certificate holder in scheduled or part 135 of this chapter in a (b) A person who is not authorized to operations and listed in its operations geographical area unless its operations conduct direct air carrier operations, but specifications. specifications specifically authorize the who is authorized by the Administrator Scheduled operation means any certificate holder to operate in that area. common carriage passenger-carrying to conduct operations as a U.S. operation for compensation or hire commercial operator, will be issued an § 119.7 Operations specifications. conducted by an air carrier or Operating Certificate. (a) Each certificate holder’s operations commercial operator for which the (c) A person who is not authorized to specifications must contain— certificate holder or its representative conduct direct air carrier operations, but (1) The authorizations, limitations, offers in advance the departure location, who is authorized by the Administrator and certain procedures under which departure time, and arrival location. It to conduct operations when common each kind of operation, if applicable, is does not include any operation that is carriage is not involved as an operator to be conducted; and a charter operation for which the of U.S.-registered civil airplanes with a (2) Certain other procedures under certificate holder or its representative seat configuration of 20 or more which each class and size of aircraft is offers in advance the departure location, passengers, or a maximum payload to be operated. departure time, and arrival location. It capacity of 6,000 pounds or more, will (b) Except for operations does not include any operation that is be issued an Operating Certificate. specifications paragraphs identifying a charter operation. (d) A person authorized to engage in authorized kinds of operations, Supplemental operation means any common carriage under part 121 or part operations specifications are not a part common carriage operation for 135 of this chapter, or both, shall be of a certificate. compensation or hire conducted with issued only one certificate authorizing any airplane described in paragraph (1) such common carriage, regardless of the § 119.9 Use of business names. of this definition that is a type of kind of operation or the class or size of (a) A certificate holder under this part operation described in paragraph (2) of aircraft to be operated. may not operate an aircraft under part this definition: (e) A person authorized to engage in 121 or part 135 of this chapter using a (1) Airplanes: noncommon or private carriage under business name other than a business (i) Airplanes having a passenger-seat part 125 or part 135 of this chapter, or name appearing in the certificate configuration of more than 30 seats, both, shall be issued only one certificate holder’s operations specifications. excluding each crewmember seat; authorizing such carriage, regardless of (b) Unless otherwise authorized by (ii) Airplanes having a payload the kind of operation or the class or size the Assistant Administrator for Civil capacity of more than 7,500 pounds; or of aircraft to be operated. Aviation Security, no person may (iii) Each airplane having a passenger- (f) A person conducting operations operate an aircraft under part 121 or seat configuration of more than 9 seats under more than one paragraph of part 135 of this chapter unless the name and less than 31 seats, excluding each §§ 119.21, 119.23, or 119.25 shall of the certificate holder who is operating crewmember seat and any turbojet conduct those operations in compliance the aircraft is legibly displayed on the powered airplane, that is also used in with— aircraft and is clearly visible and domestic or flag operations and that is (1) The requirements specified in each readable from the outside of the aircraft so listed in the operations specifications paragraph of those sections for the kind to a person standing on the ground at as required by § 119.49(a)(4) for those of operation conducted under that any time except during flight time. The operations. paragraph; and means of displaying the name on the Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65917 aircraft and its readability must be and shall be issued operations and shall be issued operations acceptable to the Administrator. specifications for those operations in specifications for those operations in accordance with those requirements. accordance with those requirements. Subpart BÐApplicability of Operating (b) Persons who are subject to the (b) On-demand operations in Requirements to Different Kinds of requirements of paragraph (a)(4) of this accordance with the applicable Operations Under Part 121, 125, and section may conduct those operations in requirements of part 135 of this chapter, 135 of This Chapter accordance with the requirements of and shall be issued operations specifications for those operations in § 119.21 Direct air carriers and commercial paragraph (a)(1) or (a)(2) of this section, operators engaged in intrastate common provided they obtain authorization from accordance with those requirements. carriage with airplanes. the Administrator. Subpart CÐCertification, Operations (a) Each person who conducts (c) Persons who are subject to the requirements of paragraph (a)(5) of this Specifications, and Certain Other operations as a direct air carrier or as a Requirements for Operations commercial operator engaged in section may conduct those operations in accordance with the requirements of Conducted Under Part 121 or Part 135 intrastate common carriage of persons or of This Chapter property for compensation or hire in air paragraph (a)(3) of this section, commerce, shall comply with the provided they obtain authorization from § 119.31 Applicability. certification and operations the Administrator. This subpart sets out certification specifications requirements in subpart C § 119.23 Operators engaged in passenger- requirements and prescribes the content of this part, and shall conduct its: carrying operations, cargo operations, or of operations specifications and certain (1) Domestic operations in accordance both with airplanes when common carriage other requirements for operations with the applicable requirements of part is not involved. conducted under part 121 or part 135 of 121 of this chapter, and shall be issued (a) Each person who conducts this chapter. operations specifications for those operations when common carriage is not § 119.33 General requirements. operations in accordance with those involved with airplanes having a requirements. However, based on a passenger-seat configuration of 20 seats (a) A person may not operate as a showing of safety in air commerce, the or more, excluding each crewmember direct air carrier unless that person— Administrator may permit persons who seat, or a payload capacity of 6,000 (1) Is a citizen of the United States; (2) Obtains an Air Carrier Certificate; conduct domestic operations between pounds or more, shall, unless deviation and any point located within Alaska’s authority is issued— Aleutian Islands chain and any point in (3) Obtains operations specifications (1) Comply with the certification and that prescribe the authorizations, the State of Alaska to comply with the operations specifications requirements requirements applicable to flag limitations, and procedures under of part 125 of this chapter; which each kind of operation must be operations contained in subpart U of (2) Conduct its operations with those part 121 of this chapter. conducted. airplanes in accordance with the (b) A person other than a direct air (2) Flag operations in accordance with requirements of part 125 of this chapter; carrier may not conduct any commercial the applicable requirements of part 121 and passenger or cargo aircraft operation for of this chapter, and shall be issued (3) Be issued operations specifications compensation or hire under part 121 or operations specifications for those in accordance with those requirements. part 135 of this chapter unless that operations in accordance with those (b) Each person who conducts person— requirements. noncommon or private carriage (1) Is a citizen of the United States; (3) Supplemental operations in operations for compensation or hire (2) Obtains an Operating Certificate; accordance with the applicable with airplanes having a passenger-seat and requirements of part 121 of this chapter, configuration of less than 20 seats, (3) Obtains operations specifications and shall be issued operations excluding each crewmember seat, and a that prescribe the authorizations, specifications for those operations in payload capacity of less than 6,000 limitations, and procedures under accordance with those requirements. pounds shall— which each kind of operation must be However, based on a determination of (1) Comply with the certification and conducted. safety in air commerce, the operations specifications requirements (c) Each applicant for a certificate Administrator may authorize or require in subpart C of this part; under this part shall conduct proving the following operations to be (2) Conduct those operations in tests as authorized by the Administrator conducted under paragraph (a) (1) or (2) accordance with the requirements of during the application process for of this section: part 135 of this chapter, except for those authority to conduct operations under (i) Passenger-carrying operations requirements applicable only to part 121 or part 135 of this chapter. All which are conducted between points commuter operations; and proving tests must be conducted in a that are also served by the certificate (3) Be issued operations specifications manner acceptable to the Administrator. holder’s domestic or flag operations. in accordance with those requirements. All proving tests must be conducted (ii) All-cargo operations which are under the appropriate operating and conducted regularly and frequently § 119.25 Rotorcraft operations: Direct air maintenance requirements of part 121 or carriers and commercial operators. between the same two points. 135 of this chapter that would apply if (4) Commuter operations in Each person who conducts rotorcraft the applicant were fully certificated. accordance with the applicable operations for compensation or hire The Administrator will issue a letter of requirements of part 135 of this chapter, must comply with the certification and authorization to each person stating the and shall be issued operations operations specifications requirements various authorities under which the specifications for those operations in of Subpart C of this part, and shall proving tests shall be conducted. accordance with those requirements. conduct its: (5) On-demand operations in (a) Commuter operations in § 119.35 Certificate application. accordance with the applicable accordance with the applicable (a) A person applying to the requirements of part 135 of this chapter, requirements of part 135 of this chapter, Administrator for an Air Carrier 65918 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

Certificate or Operating Certificate and address of each person, if any, with (iii) Additional working capital under this part (applicant) must submit whom the applicant has a contract to (explain); an application— provide services as a commercial (iv) Operating losses other than (1) In a form and manner prescribed operator and the scope, nature, date, depreciation and amortization (explain); by the Administrator; and and duration of each of those contracts. and (2) Containing any information the (f) Each applicant for, or holder of, a (v) Other (explain). Administrator requires the applicant to certificate issued under paragraph (c) of (6) An estimate of the cash that will submit. this section this part, shall notify the be available during the first 6 months (b) Each applicant must submit the Administrator within 10 days after— after the month in which the certificate application to the Administrator at least (1) A change in any of the persons, or is expected to be issued, from— 90 days before the date of intended the names and addresses of any of the (i) Sale of property or flight operation. persons, submitted to the Administrator equipment (explain); (c) Each applicant for the original under paragraph (d)(1) or (d)(2) of this (ii) New debt (explain); issue of an operating certificate for the section; or (iii) New equity (explain); purpose of conducting intrastate (2) A change in the financial (iv) Working capital reduction common carriage operations under part information submitted to the (explain); 121 or part 135 of this chapter must Administrator under paragraph (g) of (v) Operations (profits) (explain); submit an application in a form and this section that occurs while the (vi) Depreciation and amortization manner prescribed by the Administrator application for the issue is pending (explain); and to the Flight Standards District Office in before the FAA and that would make (vii) Other (explain). (7) A schedule of insurance coverage whose area the applicant proposes to the applicant’s financial situation in effect on the balance sheet date establish or has established his or her substantially less favorable than showing insurance companies; policy principal operations base of operations. originally reported. (d) Each application submitted under (g) Each applicant for the original numbers; types, amounts, and period of paragraph (c) of this section must issue of an operating certificate under coverage; and special conditions, contain a signed statement showing the paragraph (c) of this section must exclusions, and limitations. (8) Any other financial information following: submit the following financial that the Administrator requires to (1) For corporate applicants: information: (i) The name and address of each (1) A balance sheet that shows assets, enable him to determine that the stockholder who owns 5 percent or liabilities, and net worth, as of a date applicant has sufficient financial more of the total voting stock of the not more than 60 days before the date resources to conduct his or her corporation, and if that stockholder is of application. operations with the degree of safety not the sole beneficial owner of the (2) An itemization of liabilities more required in the public interest. stock, the name and address of each than 60 days past due on the balance (h) Each financial statement beneficial owner. An individual is sheet date, if any, showing each containing financial information considered to own the stock owned, creditor’s name and address, a required by paragraph (g) of this section directly or indirectly, by or for his or her description of the liability, and the must be based on accounts prepared and spouse, children, grandchildren, or amount and due date of the liability. maintained on an accrual basis in parents. (3) An itemization of claims in accordance with generally accepted (ii) The name and address of each litigation, if any, against the applicant as accounting principles applied on a director and each officer and each of the date of application showing each consistent basis, and must contain the person employed or who will be claimant’s name and address and a name and address of the applicant’s employed in a management position description and the amount of the public accounting firm, if any. described in §§ 119.65 and 119.69, as claim. Information submitted must be signed applicable. (4) A detailed projection of the by an officer, owner, or partner of the (iii) The name and address of each proposed operation covering 6 complete applicant or certificate holder. person directly or indirectly controlling months after the month in which the § 119.37 Contents of an Air Carrier or controlled by the applicant and each certificate is expected to be issued Certificate or Operating Certificate. person under direct or indirect control including— The Air Carrier Certificate or with the applicant. (i) Estimated amount and source of Operating Certificate includes— (2) For non-corporate applicants: both operating and nonoperating (a) The certificate holder’s name; (i) The name and address of each revenue, including identification of its (b) The location of the certificate person having a financial interest existing and anticipated income holder’s principal base of operations; therein the non-corporate applicant and producing contracts and estimated (c) The certificate number; the nature and extent of that interest. revenue per mile or hour of operation by (d) The certificate’s effective date; and (ii) The name and address of each aircraft type; (e) The name or the designator of the person employed or who will be (ii) Estimated amount of operating certificate-holding district office. employed in a management position and nonoperating expenses by expense described in §§ 119.65 and 119.69, as objective classification; and § 119.39 Issuing or denying a certificate. applicable. (iii) Estimated net profit or loss for the (a) An applicant may be issued an Air (e) In addition, each applicant for the period. Carrier Certificate or Operating original issue of an operating certificate (5) An estimate of the cash that will Certificate if, after investigation, the under paragraph (c) of this section must be needed for the proposed operations Administrator finds that the applicant— submit with the application a signed during the first 6 months after the (1) Meets the applicable requirements statement showing— month in which the certificate is of this part; (1) The financial information listed in expected to be issued, including— (2) Holds the economic authority paragraph (h) of this section; and (i) Acquisition of property and applicable to the kinds of operations to (2) The nature and scope of its equipment (explain); be conducted, issued by the Department intended operation, including the name (ii) Retirement of debt (explain); of Transportation, if required; and Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65919

(3) Is properly and adequately by the applicant for the amendment to must obtain operations specifications equipped in accordance with the become effective, unless the containing all of the following: requirements of this chapter and is able administrator approves filing within a (1) The specific location of the to conduct a safe operation under shorter period; and certificate holder’s principal base of appropriate provisions of part 121 or (2) The application must be submitted operations and, if different, the address part 135 of this chapter and operations to the certificate-holding district office that shall serve as the primary point of specifications issued under this part. in the form and manner prescribed by contact for correspondence between the (b) An application for a certificate the Administrator. FAA and the certificate holder and the may be denied if the Administrator (d) When a certificate holder seeks name and mailing address of the finds that— reconsideration of a decision from the certificate holder’s agent for service. (1) The applicant is not properly or certificate-holding district office (2) Other business names under adequately equipped or is not able to concerning amendments of a certificate, which the certificate holder may conduct safe operations under this the following procedure applies: operate. subchapter; (1) The petition for reconsideration (3) Reference to the economic (2) The applicant previously held an must be made within 30 days after the authority issued by the Department of Air Carrier Certificate or Operating certificate holder receives the notice of Transportation, if required. Certificate which was revoked; denial; and (4) Type of aircraft, registration (3) The applicant intends to or fills a (2) The certificate holder must markings, and serial numbers of each key management position listed in petition for reconsideration to the aircraft authorized for use, each regular § 119.65(a) or § 119.69(a), as applicable, Director, Flight Standards Service. and alternate airport to be used in with an individual who exercised scheduled operations, and, except for control over or who held the same or a § 119.43 Certificate holder's duty to commuter operations, each provisional maintain operations specifications. similar position with a certificate holder and refueling airport. whose certificate was revoked, or is in (a) Each certificate holder shall (i) Subject to the approval of the the process of being revoked, and that maintain a complete and separate set of Administrator with regard to form and individual materially contributed to the its operations specifications at its content, the certificate holder may circumstances causing revocation or principal base of operations. incorporate by reference the items listed causing the revocation process; (b) Each certificate holder shall insert in paragraph (a)(4) of this section into (4) An individual who will have pertinent excerpts of its operations the certificate holder’s operations control over or have a substantial specifications, or references thereto, in specifications by maintaining a current ownership interest in the applicant had its manual and shall— listing of those items and by referring to the same or similar control or interest in (1) Clearly identify each such excerpt the specific list in the applicable a certificate holder whose certificate as a part of its operations specifications; paragraph of the operations was revoked, or is in the process of and specifications. (ii) The certificate holder may not being revoked, and that individual (2) State that compliance with each conduct any operation using any aircraft materially contributed to the operations specifications requirement is mandatory. or airport not listed. circumstances causing revocation or (5) Kinds of operations authorized. causing the revocation process; or (c) Each certificate holder shall keep each of its employees and other persons (6) Authorization and limitations for (5) In the case of an applicant for an routes and areas of operations. Operating Certificate for intrastate used in its operations informed of the provisions of its operations (7) Airport limitations. common carriage, that for financial (8) Time limitations, or standards for specifications that apply to that reasons the applicant is not able to determining time limitations, for employee’s or person’s duties and conduct a safe operation. overhauling, inspecting, and checking responsibilities. § 119.41 Amending a certificate. airframes, engines, propellers, rotors, § 119.45 [Reserved] appliances, and emergency equipment. (a) The Administrator may amend any (9) Authorization for the method of certificate issued under this part if— § 119.47 Maintaining a principal base of controlling weight and balance of (1) The Administrator determines, operations, main operations base, and main aircraft. under 49 U.S.C. 44709 and part 13 of maintenance base; change of address. (10) Interline equipment interchange this chapter, that safety in air commerce (a) Each certificate holder must requirements, if relevant. and the public interest requires the maintain a principal base of operations. (11) Aircraft wet lease information amendment; or Each certificate holder may also required by § 119.53(c). (2) The certificate holder applies for establish a main operations base and a (12) Any authorized deviation and the amendment and the certificate- main maintenance base which may be exemption granted from any holding district office determines that located at either the same location as the requirement of this chapter. safety in air commerce and the public principal base of operations or at (13) Any other item the Administrator interest allows the amendment. separate locations. determines is necessary. (b) When the Administrator proposes (b) At least 30 days before it proposes (b) Each certificate holder conducting to issue an order amending, suspending, to establish or change the location of its supplemental operations must obtain or revoking all or part of any certificate, principal base of operations, its main operations specifications containing all the procedure in § 13.19 of this chapter operations base, or its main of the following: applies. maintenance base, a certificate holder (1) The specific location of the (c) When the certificate holder applies must provide written notification to its certificate holder’s principal base of for an amendment of its certificate, the certificate-holding district office. operations, and, if different, the address following procedure applies: that shall serve as the primary point of (1) The certificate holder must file an § 119.49 Contents of operations contact for correspondence between the application to amend its certificate with specifications. FAA and the certificate holder and the the certificate-holding district office at (a) Each certificate holder conducting name and mailing address of the least 15 days before the date proposed domestic, flag, or commuter operations certificate holder’s agent for service. 65920 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

(2) Other business names under aircraft that is subject to an (3) After considering all material which the certificate holder may airworthiness maintenance program presented, the certificate-holding operate. required by § 135.411(a)(2) of this district office notifies the certificate (3) Reference to the economic chapter. holder of— authority issued by the Department of (i) Subject to the approval of the (i) The adoption of the proposed Transportation, if required. Administrator with regard to form and amendment; (4) Type of aircraft, registration content, the certificate holder may (ii) The partial adoption of the markings, and serial number of each incorporate by reference the items listed proposed amendment; or aircraft authorized for use. in paragraph (c)(6) of this section into (iii) The withdrawal of the proposed (i) Subject to the approval of the the certificate holder’s operations amendment. Administrator with regard to form and specifications by maintaining a current (4) If the certificate-holding district content, the certificate holder may listing of those items and by referring to office issues an amendment to the incorporate by reference the items listed the specific list in the applicable operations specifications, it becomes in paragraph (b)(4) of this section into paragraph of the operations effective not less than 30 days after the the certificate holder’s operations specifications. certificate holder receives notice of it specifications by maintaining a current (ii) The certificate holder may not unless— listing of those items and by referring to conduct any operation using any aircraft (i) The certificate-holding district the specific list in the applicable not listed. office finds under paragraph (e) of this paragraph of the operations (7) Registration markings of each section that there is an emergency specifications. aircraft that is to be inspected under an requiring immediate action with respect (ii) The certificate holder may not approved aircraft inspection program to safety in air commerce; or conduct any operation using any aircraft under § 135.419 of this chapter. (ii) The certificate holder petitions for not listed. (8) Time limitations or standards for reconsideration of the amendment (5) Kinds of operations authorized. determining time limitations, for under paragraph (d) of this section. (6) Authorization and limitations for overhauls, inspections, and checks for (c) When the certificate holder applies routes and areas of operations. airframes, engines, propellers, rotors, for an amendment to its operations (7) Special airport authorizations and appliances, and emergency equipment specifications, the following procedure limitations. of aircraft that are subject to an applies: (8) Time limitations, or standards for airworthiness maintenance program (1) The certificate holder must file an determining time limitations, for required by § 135.411(a)(2) of this application to amend its operations overhauling, inspecting, and checking chapter. specifications— airframes, engines, propellers, (9) Additional maintenance items (i) At least 90 days before the date appliances, and emergency equipment. required by the Administrator under proposed by the applicant for the (9) Authorization for the method of § 135.421 of this chapter. amendment to become effective, unless controlling weight and balance of (10) Aircraft wet lease information a shorter time is approved, in cases of aircraft. required by § 119.53(c). (10) Aircraft wet lease information mergers; acquisitions of airline (11) Any authorized deviation or operational assets that require an required by § 119.53(c). exemption from any requirement of this (11) Any authorization or requirement additional showing of safety (e.g., chapter. proving tests); changes in the kind of to conduct supplemental operations as (12) Any other item the Administrator operation as defined in § 119.3; provided by § 119.21(a)(3) (i) or (ii). determines is necessary. (12) Any authorized deviation or resumption of operations following a exemption from any requirement of this § 119.51 Amending operations suspension of operations as a result of chapter. specifications. bankruptcy actions; or the initial (13) Any other item the Administrator (a) The Administrator may amend any introduction of aircraft not before determines is necessary. operations specifications issued under proven for use in air carrier or (c) Each certificate holder conducting this part if— commercial operator operations. on-demand operations must obtain (1) The Administrator determines that (ii) At least 15 days before the date operations specifications containing all safety in air commerce and the public proposed by the applicant for the of the following: interest require the amendment; or amendment to become effective in all (1) The specific location of the (2) The certificate holder applies for other cases. certificate holder’s principal base of the amendment, and the Administrator (2) The application must be submitted operations, and if different, the address determines that safety in air commerce to the certificate-holding district office that shall serve as the primary point of and the public interest allows the in a form and manner prescribed by the contact for correspondence between the amendment. Administrator. FAA and the name and mailing address (b) Except as provided in paragraph (3) After considering all material of the certificate holder’s agent for (e) of this section, when the presented, the certificate-holding service. Administrator initiates an amendment district office notifies the certificate (2) Other business names under to a certificate holder’s operations holder of— which the certificate holder may specifications, the following procedure (i) The adoption of the applied for operate. applies: amendment; (3) Reference to the economic (1) The certificate-holding district (ii) The partial adoption of the authority issued by the Department of office notifies the certificate holder in applied for amendment; or Transportation, if required. writing of the proposed amendment. (iii) The denial of the applied for (4) Kind and area of operations (2) The certificate-holding district amendment. The certificate holder may authorized. office sets a reasonable period (but not petition for reconsideration of a denial (5) Category and class of aircraft that less than 7 days) within which the under paragraph (d) of this section. may be used in those operations. certificate holder may submit written (4) If the certificate-holding district (6) Type of aircraft, registration information, views, and arguments on office approves the amendment, markings, and serial number of each the amendment. following coordination with the Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65921 certificate holder regarding its would lease the aircraft to any other These substitute operations must be implementation, the amendment is person engaged in common carriage conducted between airports for which effective on the date the Administrator operations under this subchapter, the substitute certificate holder holds approves it. including foreign air carriers, or to any authority for scheduled operations or (d) When a certificate holder seeks other foreign person engaged in within areas of operations for which the reconsideration of a decision from the common carriage wholly outside the substitute certificate holder has certificate-holding district office United States. authority for supplemental or on- concerning the amendment of (b) No certificate holder under this demand operations. operations specifications, the following part may wet lease from a foreign air (f) A certificate holder under this part procedure applies: carrier or any other foreign person or may, if authorized by the Department of (1) The certificate holder must any person not authorized to engage in Transportation under § 380.3 of this title petition for reconsideration of that common carriage. and the Administrator in the case of decision within 30 days of the date that (c) Upon receiving a copy of a wet interstate commuter, interstate the certificate holder receives a notice of lease, the Administrator determines domestic, and flag operations, or the denial of the amendment to its which party to the agreement has Administrator in the case of scheduled operations specifications, or of the date operational control of the aircraft and intrastate common carriage operations, it receives notice of an FAA-initiated issues amendments to the operations conduct one or more flights for amendment to its operations specifications of each party to the passengers who are stranded because of specifications, whichever circumstance agreement, as needed. The lessor must the cancellation of their scheduled applies. provide the following information to be flights. These flights must be conducted (2) The certificate holder must incorporated into the operations under the rules of part 121 or part 135 address its petition to the Director, specifications of both parties, as needed. of this chapter applicable to Flight Standards Service. (1) The names of the parties to the supplemental or on-demand operations. (3) A petition for reconsideration, if agreement and the duration thereof. filed within the 30-day period, suspends (2) The nationality and registration § 119.55 Obtaining deviation authority to the effectiveness of any amendment markings of each aircraft involved in the perform operations under a U.S. military issued by the certificate-holding district agreement. contract. office unless the certificate-holding (3) The kind of operation (e.g., (a) The Administrator may authorize district office has found, under domestic, flag, supplemental, a certificate holder that is authorized to paragraph (e) of this section, that an commuter, or on-demand). conduct supplemental or on-demand emergency exists requiring immediate (4) The airports or areas of operation. operations to deviate from the action with respect to safety in air (5) A statement specifying the party applicable requirements of this part, transportation or air commerce. deemed to have operational control and part 121, or part 135 of this chapter in (4) If a petition for reconsideration is the times, airports, or areas under which order to perform operations under a U.S. not filed within 30 days, the procedures such operational control is exercised. military contract. of paragraph (c) of this section apply. (d) In making the determination of (b) A certificate holder that has a (e) If the certificate-holding district paragraph (c) of this section, the contract with the U.S. Department of office finds that an emergency exists Administrator will consider the Defense’s Air Mobility Command (AMC) requiring immediate action with respect following: must submit a request for deviation to safety in air commerce or air (1) Crewmembers and training. authority to AMC. AMC will review the transportation that makes the (2) Airworthiness and performance of requests, then forward the carriers’ procedures set out in this section maintenance. consolidated requests, along with impracticable or contrary to the public (3) Dispatch. AMC’s recommendations, to the FAA (4) Servicing the aircraft. interest: for review and action. (1) The certificate-holding district (5) Scheduling. (6) Any other factor the Administrator (c) The Administrator may authorize office amends the operations a deviation to perform operations under specifications and makes the considers relevant. (e) Other arrangements for a U.S. military contract under the amendment effective on the day the following conditions— certificate holder receives notice of it. transportation by air: Except as provided in paragraph (f) of this section, (1) The Department of Defense (2) In the notice to the certificate certifies to the Administrator that the holder, the certificate-holding district a certificate holder under this part operating under part 121 or 135 of this operation is essential to the national office articulates the reasons for its defense; finding that an emergency exists chapter may not conduct any operation (2) The Department of Defense further requiring immediate action with respect for another certificate holder under this certifies that the certificate holder to safety in air transportation or air part or a foreign air carrier under part cannot perform the operation without commerce or that makes it impracticable 129 of this chapter or a foreign person deviation authority; or contrary to the public interest to stay engaged in common carriage wholly (3) The certificate holder will perform the effectiveness of the amendment. outside the United States unless it holds applicable Department of the operation under a contract or § 119.53 Wet leasing of aircraft and other Transportation economic authority, if subcontract for the benefit of a U.S. arrangements for transportation by air. required, and is authorized under its armed service; and (a) Unless otherwise authorized by the operations specifications to conduct the (4) The Administrator finds that the Administrator, prior to conducting same kinds of operations (as defined in deviation is based on grounds other operations involving a wet lease, each § 119.3). The certificate holder than economic advantage either to the certificate holder under this part conducting the substitute operation certificate holder or to the United States. authorized to conduct common carriage must conduct that operation in (d) In the case where the operations under this subchapter shall accordance with the same operations Administrator authorizes a deviation provide the Administrator with a copy authority held by the certificate holder under this section, the Administrator of the wet lease to be executed which arranging for the substitute operation. will issue an appropriate amendment to 65922 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations the certificate holder’s operations holder’s management to the (b) Operations specifications issued specifications. Administrator within 10 days of the under this part, part 121, or part 135 of (e) The Administrator may, at any emergency action. this chapter are effective unless— time, terminate any grant of deviation (1) The Administrator suspends, authority issued under this section. § 119.59 Conducting tests and inspections. revokes, or otherwise terminates the § 119.57 Obtaining deviation authority to (a) At any time or place, the certificate; perform an emergency operation. Administrator may conduct an (2) The operations specifications are (a) In emergency conditions, the inspection or test to determine whether amended as provided in § 119.51; Administrator may authorize deviations a certificate holder under this part is (3) The certificate holder does not if— complying with title 49 of the United conduct a kind of operation for more (1) Those conditions necessitate the States Code, applicable regulations, the than the time specified in § 119.63 and transportation of persons or supplies for certificate, or the certificate holder’s fails to follow the procedures of § 119.63 the protection of life or property; and operations specifications. upon resuming that kind of operation; (b) The certificate holder must— (2) The Administrator finds that a or deviation is necessary for the (1) Make available to the expeditious conduct of the operations. Administrator at the certificate holder’s (4) The Administrator suspends or (b) When the Administrator principal base of operations— revokes the operations specifications for authorizes deviations for operations (i) The certificate holder’s Air Carrier a kind of operation. under emergency conditions— Certificate or the certificate holder’s (c) Within 30 days after a certificate (1) The Administrator will issue an Operating Certificate and the certificate holder terminates operations under part appropriate amendment to the holder’s operations specifications; and 135 of this chapter, the operating certificate holder’s operations (ii) A current listing that will include certificate and operations specifications specifications; or the location and persons responsible for must be surrendered by the certificate (2) If the nature of the emergency does each record, document, and report holder to the certificate-holding district not permit timely amendment of the required to be kept by the certificate office. operations specifications— holder under title 49 of the United (i) The Administrator may authorize States Code applicable to the operation § 119.63 Recency of operation. the deviation orally; and of the certificate holder. (2) Allow the Administrator to make (a) Except as provided in paragraph (ii) The certificate holder shall any test or inspection to determine (b) of this section, no certificate holder provide documentation describing the compliance respecting any matter stated may conduct a kind of operation for nature of the emergency to the in paragraph (a) of this section. which it holds authority in its certificate-holding district office within (c) Each employee of, or person used operations specifications unless the 24 hours after completing the operation. by, the certificate holder who is certificate holder has conducted that kind of operation within the preceding § 119.58 Emergencies requiring immediate responsible for maintaining the decision and action. certificate holder’s records must make number of consecutive calendar days specified in this paragraph: (a) In an emergency situation that those records available to the requires immediate decision and action, Administrator. (1) For domestic, flag, or commuter the pilot in command may take any (d) The Administrator may determine operations—30 days. action that he considers necessary under a certificate holder’s continued (2) For supplemental or on-demand the circumstances. In such a case, he eligibility to hold its certificate and/or operations—90 days, except that if the may deviate from prescribed operations operations specifications on any certificate holder has authority to procedures and methods, weather grounds listed in paragraph (a) of this conduct domestic, flag, or commuter minimums, and this chapter to the section, or any other appropriate operations, and has conducted extent required in the interest of safety. grounds. domestic, flag or commuter operations (b) In an emergency situation arising (e) Failure by any certificate holder to within the previous 30 days, this during flight, that requires immediate make available to the Administrator paragraph does not apply. upon request, the certificate, operations decision and action by an aircraft (b) If a certificate holder does not dispatcher or appropriate management specifications, or any required record, document, or report is grounds for conduct a kind of operation for which personnel, and that is known to him, he it is authorized in its operations shall advise the pilot in command of the suspension of all or any part of the certificate holder’s certificate and specifications within the number of emergency, shall ascertain the decision preceding 30 consecutive calendar days of the pilot in command, and shall have operations specifications. (f) In the case of operators conducting specified in paragraph (a) of this the decision recorded. If he cannot intrastate common carriage operations, section, it shall not conduct such kind communicate with the pilot, he shall these inspections and tests include of operation unless— declare an emergency and take any inspections and tests of financial books reasonable action necessary under the (1) It advises the Administrator at and records. circumstances. least 5 consecutive calendar days before (c) Whenever a pilot in command or § 119.61 Duration and surrender of resumption of that kind of operation; a dispatcher or an appropriate certificate and operations specifications. and management person exercises (a) An Air Carrier Certificate or (2) It makes itself available and emergency authority, he shall keep the Operating Certificate issued under this accessible during the 5 consecutive appropriate ATC facility, ground radio part is effective until— calendar day period in the event that the station, and, if applicable, dispatch (1) The certificate holder surrenders it FAA decides to conduct a full centers, fully informed of the progress of to the Administrator; or inspection reexamination to determine the flight. The person declaring the (2) The Administrator suspends, whether the certificate holder remains emergency shall send a written report of revokes, or otherwise terminates the properly and adequately equipped and any deviation through the certificate certificate. able to conduct a safe operation. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65923

§ 119.65 Management personnel required personnel required under paragraph (a) have at least 3 years experience, as pilot for operations conducted under part 121 of of this section; in command of a large airplane operated this chapter. (2) List in the manual the names and under part 121 or part 135 of this (a) Each certificate holder must have business addresses of the individuals chapter, if the certificate holder operates sufficient qualified management and assigned to those positions; and large airplanes. If the certificate holder technical personnel to ensure the (3) Notify the certificate-holding uses only small airplanes in its highest degree of safety in its district office within 10 days of any operation, the experience may be operations. The certificate holder must change in personnel or any vacancy in obtained in either large or small have qualified personnel serving full- any position listed. airplanes. time in the following or equivalent (c) To serve as Director of positions: § 119.67 Management personnel: Maintenance under § 119.65(a) a person (1) Director of Safety. Qualifications for operations conducted under part 121 of this chapter. must— (2) Director of Operations. (1) Hold a mechanic certificate with (3) Chief Pilot. (a) To serve as Director of Operations airframe and powerplant ratings; (4) Director of Maintenance. under § 119.65(a) a person must— (2) Have 1 year of experience in a (5) Chief Inspector. (1) Hold an airline transport pilot position responsible for returning (b) The Administrator may approve certificate; airplanes to service; positions or numbers of positions other (2) Have at least 3 years supervisory (3) Have at least 1 year of experience than those listed in paragraph (a) of this or managerial experience within the last in a supervisory capacity under either section for a particular operation if the 6 years in a position that exercised paragraph (c)(4)(i) or (c)(4)(ii) of this certificate holder shows that it can operational control over any operations section maintaining the same category perform the operation with the highest conducted with large airplanes under and class of airplane as the certificate degree of safety under the direction of part 121 or part 135 of this chapter, or holder uses; and fewer or different categories of if the certificate holder uses only small (4) Have 3 years experience within the management personnel due to— airplanes in its operations, the past 6 years in one or a combination of (1) The kind of operation involved; experience may be obtained in large or the following— (2) The number and type of airplanes small airplanes; and (i) Maintaining large airplanes with 10 used; and (3) In the case of a person becoming or more passenger seats, including at the (3) The area of operations. a Director of Operations— time of appointment as Director of (c) The title of the positions required (i) For the first time ever, have at least Maintenance, experience in maintaining under paragraph (a) of this section or 3 years experience, within the past 6 the same category and class of airplane the title and number of equivalent years, as pilot in command of a large as the certificate holder uses; or positions approved under paragraph (b) airplane operated under part 121 or part (ii) Repairing airplanes in a of this section shall be set forth in the 135 of this chapter, if the certificate certificated airframe repair station that certificate holder’s operations holder operates large airplanes. If the is rated to maintain airplanes in the specifications. certificate holder uses only small same category and class of airplane as (d) The individuals who serve in the airplanes in its operation, the the certificate holder uses. positions required or approved under experience may be obtained in either (d) To serve as Chief Inspector under paragraph (a) or (b) of this section and large or small airplanes. § 119.65(a) a person must— anyone in a position to exercise control (ii) In the case of a person with (1) Hold a mechanic certificate with over operations conducted under the previous experience as a Director of both airframe and powerplant ratings, operating certificate must— Operations, have at least 3 years and have held these ratings for at least (1) Be qualified through training, experience as pilot in command of a 3 years; experience, and expertise; large airplane operated under part 121 (2) Have at least 3 years of (2) To the extent of their or part 135 of this chapter, if the maintenance experience on different responsibilities, have a full certificate holder operates large types of large airplanes with 10 or more understanding of the following airplanes. If the certificate holder uses passenger seats with an air carrier or materials with respect to the certificate only small airplanes in its operation, the certificated repair station, 1 year of holder’s operation— experience may be obtained in either which must have been as maintenance (i) Aviation safety standards and safe large or small airplanes. inspector; and operating practices; (b) To serve as Chief Pilot under (3) Have at least 1 year in a (ii) 14 CFR Chapter I (Federal § 119.65(a) a person must hold an supervisory capacity maintaining large Aviation Regulations); airline transport pilot certificate with aircraft with 10 or more passenger seats. (iii) The certificate holder’s operations appropriate ratings for at least one of the (e) A certificate holder may request a specifications; airplanes used in the certificate holder’s deviation to employ a person who does (iv) All appropriate maintenance and operation and: not meet the appropriate airman, airworthiness requirements of this (1) In the case of a person becoming managerial, or supervisory experience chapter (e.g., parts 1, 21, 23, 25, 43, 45, a Chief Pilot for the first time ever, have requirements of this section if the 47, 65, 91, and 121 of this chapter); and at least 3 years experience, within the Manager of the Air Transportation (v) The manual required by § 121.133 past 6 years, as pilot in command of a Division or the Manager of the Aircraft of this chapter; and large airplane operated under part 121 Maintenance Division of the FAA Flight (3) Discharge their duties to meet or part 135 of this chapter, if the Standards Service finds that the person applicable legal requirements and to certificate holder operates large has comparable experience, and can maintain safe operations. airplanes. If the certificate holder uses effectively perform the functions (e) Each certificate holder must: only small airplanes in its operation, the associated with the position in (1) State in the general policy experience may be obtained in either accordance with the Federal Aviation provisions of the manual required by large or small airplanes. Regulations and the procedures outlined § 121.133 of this chapter, the duties, (2) In the case of a person with in the certificate holder’s manual. responsibilities, and authority of previous experience as a Chief Pilot, Grants of deviation under this paragraph 65924 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations may be granted after consideration of (e) Each certificate holder must— experience as pilot in command of an the size and scope of the operation and (1) State in the general policy aircraft operated under part 121 or part the qualifications of the intended provisions of the manual required by 135 of this chapter. personnel. The Administrator may, at § 135.21 of this chapter, the duties, (c) To serve as Chief Pilot under any time, terminate any grant of responsibilities, and authority of § 119.69(a) for a certificate holder deviation authority issued under this personnel required or approved under conducting any operation for which the paragraph. paragraph (a) or (b), respectively, of this pilot in command is required to hold an section; airline transport pilot certificate a § 119.69 Management personnel required (2) List in the manual the names and person must hold an airline transport for operations conducted under part 135 of business addresses of the individuals pilot certificate with appropriate ratings this chapter. assigned to those positions; and and be qualified to serve as pilot in (a) Each certificate holder must have (3) Notify the certificate-holding command in at least one aircraft used in sufficient qualified management and district office within 10 days of any the certificate holder’s operation and: technical personnel to ensure the safety change in personnel or any vacancy in (1) In the case of a person becoming of its operations. Except for a certificate any position listed. a Chief Pilot for the first time ever, have holder using only one pilot in its at least 3 years experience, within the operations, the certificate holder must § 119.71 Management personnel: past 6 years, as pilot in command of an have qualified personnel serving in the Qualifications for operations conducted aircraft operated under part 121 or part under part 135 of this chapter. following or equivalent positions: 135 of this chapter. (1) Director of Operations. (a) To serve as Director of Operations (2) In the case of a person with (2) Chief Pilot. under § 119.69(a) for a certificate holder previous experience as a Chief Pilot, (3) Director of Maintenance. conducting any operations for which the have at least 3 years experience as pilot (b) The Administrator may approve pilot in command is required to hold an positions or numbers of positions other in command of an aircraft operated airline transport pilot certificate a under part 121 or part 135 of this than those listed in paragraph (a) of this person must hold an airline transport section for a particular operation if the chapter. pilot certificate and either: (d) To serve as Chief Pilot under certificate holder shows that it can (1) Have at least 3 years supervisory § 119.69(a) for a certificate holder that perform the operation with the highest or managerial experience within the last only conducts operations for which the degree of safety under the direction of 6 years in a position that exercised pilot in command is required to hold a fewer or different categories of operational control over any operations commercial pilot certificate, a person management personnel due to— conducted under part 121 or part 135 of (1) The kind of operation involved; must hold at least a commercial pilot this chapter; or certificate with an instrument rating and (2) The number and type of aircraft (2) In the case of a person becoming used; and be qualified to serve as pilot in Director of Operations— command in at least one aircraft used in (3) The area of operations. (i) For the first time ever, have at least (c) The title of the positions required the certificate holder’s operation and: 3 years experience, within the past 6 under paragraph (a) of this section or (1) In the case of a person becoming years, as pilot in command of an aircraft the title and number of equivalent a Chief Pilot for the first time ever, have operated under part 121 or part 135 of positions approved under paragraph (b) at least 3 years experience, within the this chapter. of this section shall be set forth in the past 6 years, as pilot in command of an (ii) In the case of a person with certificate holder’s operations aircraft operated under part 121 or part previous experience as a Director of specifications. 135 of this chapter. (d) The individuals who serve in the Operations, have at least 3 years (2) In the case of a person with positions required or approved under experience, as pilot in command of an previous experience as a Chief Pilot, paragraph (a) or (b) of this section and aircraft operated under part 121 or part have at least 3 years experience as pilot anyone in a position to exercise control 135 of this chapter. in command of an aircraft operated (b) To serve as Director of Operations over operations conducted under the under part 121 or part 135 of this under § 119.69(a) for a certificate holder operating certificate must— chapter. (1) Be qualified through training, that only conducts operations for which (e) To serve as Director of experience, and expertise; the pilot in command is required to Maintenance under § 119.69(a) a person (2) To the extent of their hold a commercial pilot certificate, a must hold a mechanic certificate with responsibilities, have a full person must hold at least a commercial airframe and powerplant ratings and understanding of the following material pilot certificate with an instrument either: with respect to the certificate holder’s rating and either: (1) Have 3 years of experience within operation— (1) Have at least 3 years supervisory the past 3 years maintaining aircraft as (i) Aviation safety standards and safe or managerial experience within the last a certificated mechanic, including, at operating practices; 6 years in a position that exercised the time of appointment as Director of (ii) 14 CFR Chapter I (Federal operational control over any operations Maintenance, experience in maintaining Aviation Regulations); conducted under part 121 or part 135 of the same category and class of aircraft (iii) The certificate holder’s operations this chapter; or as the certificate holder uses; or specifications; (2) In the case of a person becoming (2) Have 3 years of experience within (iv) All appropriate maintenance and Director of Operations— the past 3 years repairing aircraft in a airworthiness requirements of this (i) For the first time ever, have at least certificated airframe repair station, chapter (e.g., parts 1, 21, 23, 25, 43, 45, 3 years experience, within the past 6 including 1 year in the capacity of 47, 65, 91, and 135 of this chapter); and years, as pilot in command of an aircraft approving aircraft for return to service. (v) The manual required by § 135.21 operated under part 121 or part 135 of (f) A certificate holder may request a of this chapter; and this chapter. deviation to employ a person who does (3) Discharge their duties to meet (ii) In the case of a person with not meet the appropriate airman, applicable legal requirements and to previous experience as a Director of managerial, or supervisory experience maintain safe operations. Operations, have at least 3 years requirements of this section if the Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65925

Manager of the Air Transportation perform training, qualification, or (iii) Turbojet engine powered Division or the Manager of the Aircraft evaluation functions under an airplanes having a passenger seat Maintenance Division of the FAA Flight Advanced Qualification Program under configuration of 1–30 seats. Standards Service finds that the person SFAR No. 58 of 14 CFR part 121. (2) Each person who, after January 19, has comparable experience, and can (d) Nonstop sightseeing flights 1996, applies for or obtains an initial air effectively perform the functions conducted with airplanes having a carrier or operating certificate and associated with the position in passenger-seat configuration of 30 seats operations specifications to conduct accordance with 14 CFR Chapter I and or fewer and a maximum payload scheduled passenger-carrying the procedures outlined in the capacity of 7,500 pounds or less that operations in the kinds of airplanes certificate holder’s manual. Grants of begin and end at the same airport, and described in paragraphs (a)(1)(i), deviation under this paragraph may be are conducted within a 25 statute mile (a)(1)(ii), or paragraph (a)(1)(iii) of this granted after consideration of the size radius of that airport; however, except section. and scope of the operation and the for operations subject to SFAR 50–2 of (b) Obtaining operations qualifications of the intended personnel. 14 CFR part 121, these operations, when specifications. A certificate holder The Administrator may, at any time, conducted for compensation or hire, described in paragraph (a)(1) of this terminate any grant of deviation must comply only with §§ 121.455 and section may not, after March 20, 1997, authority issued under this paragraph. 121.457, except that an operator who operate an airplane described in does not hold an air carrier certificate or paragraphs (a)(1)(i), (a)(1)(ii), or PART 121ÐOPERATING an operating certificate is permitted to (a)(1)(iii) of this section in scheduled REQUIREMENTS: DOMESTIC, FLAG, use a person who is otherwise passenger-carrying operations, unless it AND SUPPLEMENTAL OPERATIONS authorized to perform aircraft obtains operations specifications to maintenance or preventive maintenance conduct its scheduled operations under 6. The authority citation for part 121 this part on or before March 20, 1997. continues to read as follows: duties and who is not subject to FAA- approved anti-drug and alcohol misuse (c) Regular or accelerated compliance. Authority: 49 U.S.C. 106(g), 40113, 40119, prevention programs to perform— Except as provided in paragraphs (d), 44101, 44701–44702, 44705, 44709–44711, (1) Aircraft maintenance or preventive (e), and (i) of this section, each 44713, 44716–44717, 44722, 44901, 44903– maintenance on the operator’s aircraft if certificate holder described in 44904, 44912, 46105. the operator would otherwise be paragraphs (a)(1) of this section shall 7. The heading for part 121 is revised required to transport the aircraft more comply with each applicable to read as set forth above. than 50 nautical miles further than the requirement of this part on and after 8. Special Federal Aviation repair point closest to the operator’s March 20, 1997 or on and after the date Regulation 38–2 is amended by revising principal base of operations to obtain on which the certificate holder is issued the last paragraph to read as follows: these services; or operations specifications under this (2) Emergency repairs on the part, whichever occurs first. Except as SFAR 38–2—Certification and provided in paragraphs (d) and (e) of Operating Requirements operator’s aircraft if the aircraft cannot be safely operated to a location where this section, each person described in * * * * * an employee subject to FAA-approved paragraph (a)(2) of this section shall This Special Federal Aviation Regulation programs can perform the repairs. comply with each applicable No. 38–2 terminates March 20, 1997. (e) Each person who is on board an requirement of this part on and after the 9. A note for SFAR 50–2 is added after aircraft being operated under this part. date on which that person is issued a the SFAR No. to read as follows: (f) Each person who is an applicant certificate and operations specifications under this part. SFAR No. 50–2 for an Air Carrier Certificate or an Operating Certificate under part 119 of (d) Delayed compliance dates. Unless Note: For the text of SFAR No. 50–2, see paragraph (e) of this section specifies an part 91 of this chapter. this chapter, when conducting proving tests. earlier compliance date, no certificate 10. Section 121.1 is revised to read as 11. Section 121.2 is added to read as holder that is covered by paragraph (a) follows: follows: of this section may operate an airplane in 14 CFR part 121 operations on or § 121.1 Applicability. § 121.2 Compliance schedule for operators after a date listed in this paragraph (d) This part prescribes rules governing— that transition to part 121; certain new unless that airplane meets the (a) The domestic, flag, and entrant operators. applicable requirement of this supplemental operations of each person (a) Applicability. This section applies paragraph (d): who holds or is required to hold an Air to the following: (1) Nontransport category Carrier Certificate or Operating (1) Each certificate holder that was turbopropeller powered airplanes type Certificate under part 119 of this issued an air carrier or operating certificated after December 31, 1964, chapter. certificate and operations specifications that have a passenger seating (b) Each person employed or used by under the requirements of part 135 of configuration of 10–19 seats. No a certificate holder conducting this chapter or under SFAR No. 38–2 of certificate holder may operate under operations under this part including 14 CFR part 121 before January 19, this part an airplane that is described in maintenance, preventive maintenance, 1996, and that conducts scheduled paragraph (a)(1)(i) of this section on or and alteration of aircraft. passenger-carrying operations with: after a date listed in paragraph (d)(1) of (c) Each person who applies for (i) Nontransport category this section unless that airplane meets provisional approval of an Advanced turbopropeller powered airplanes type the applicable requirement listed in this Qualification Program curriculum, certificated after December 31, 1964, paragraph (d)(1): curriculum segment, or portion of a that have a passenger seat configuration (i) December 22, 1997: curriculum segment under SFAR No. 58 of 10–19 seats; (A) Section 121.289, Landing gear of 14 CFR part 121, and each person (ii) Transport category turbopropeller aural warning. employed or used by an air carrier or powered airplanes that have a passenger (B) Section 121.308, Lavatory fire commercial operator under this part to seat configuration of 20–30 seats; or protection. 65926 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

(C) Section 121.310(e), Emergency (f) New type certification § 121.15 Carriage of narcotic drugs, exit handle illumination. requirements. No person may operate an marihuana, and depressant or stimulant (D) Section 121.337(b)(8), Protective airplane for which the application for a drugs or substances. breathing equipment. type certificate was filed after March 29, If a certificate holder operating under (E) Section 121.340, Emergency 1995, in 14 CFR part 121 operations this part permits any aircraft owned or flotation means. unless that airplane is type certificated leased by that holder to be engaged in (ii) December 20, 1999: Section under part 25 of this chapter. any operation that the certificate holder 121.342, Pitot heat indication system. (g) Transition plan. Before March 19, knows to be in violation of § 91.19(a) of (iii) December 20, 2010: 1996 each certificate holder described in this chapter, that operation is a basis for (A) For airplanes described in paragraph (a)(1) of this section must suspending or revoking the certificate. § 121.157(f), the Airplane Performance submit to the FAA a transition plan Operating Limitations in §§ 121.189 (containing a calendar of events) for Subpart BÐ[Removed and Reserved] through 121.197. moving from conducting its scheduled (B) Section 121.161(b), Ditching 15. Subpart B (§§ 121.21 through operations under the commuter approval. 121.29) is removed, and the subpart (C) Section 121.305(j), Third attitude requirements of part 135 of this chapter heading is reserved. indicator. to the requirements for domestic or flag (D) Section 121.312(c), Passenger seat operations under this part. Each Subpart CÐ[Removed and Reserved] transition plan must contain details on cushion flammability. 16. Subpart C (§§ 121.41 through (2) Transport category turbopropeller the following: 121.61) is removed and the subpart powered airplanes that have a (1) Plans for obtaining new operations heading is reserved. passenger seat configuration of 20–30 specifications authorizing domestic or flag operations; seats. No certificate holder may operate Subpart DÐ[Removed and Reserved] under this part an airplane that is (2) Plans for being in compliance with described in paragraph (a)(1)(ii) of this the applicable requirements of this part 17. Subpart D (§§ 121.71 through section on or after a date listed in on or before March 20, 1997; and 121.83) is removed and the subpart paragraphs (a)(1) (i) and (ii) unless that (3) Plans for complying with the heading is reserved. airplane meets the applicable compliance date schedules contained in 18. Section 121.133 is revised to read requirement listed in paragraphs (a)(1) paragraphs (d) and (e) of this section. as follows: (i) and (ii): (h) Continuing requirements. Until (i) December 22, 1997: each certificate holder that is covered by § 121.133 Preparation. (A) Section 121.308, Lavatory fire paragraph (a) of this section meets the (a) Each certificate holder shall protection. specific compliance dates listed in prepare and keep current a manual for (B) Section 121.337(b) (8) and (9), paragraphs (d) and (e) of this section, the use and guidance of flight, ground Protective breathing equipment. the certificate holder shall comply with operations, and management personnel (C) Section 121.340, Emergency the applicable airplane and equipment in conducting its operations. flotation means. requirements of part 135 of this chapter. (b) For the purpose of this subpart, the (ii) March 20, 1997: Section (i) Delayed pilot age limitation: certificate holder may prepare that part 121.305(j), Third attitude indicator. (1) Notwithstanding § 121.383(c), and of the manual containing maintenance (e) Newly manufactured airplanes. No except as provided in paragraph (i)(2) of information and instructions, in whole certificate holder that is described in this section, a certificate holder covered or in part, in printed form or other form paragraph (a) of this section may operate by paragraph (a)(1) of this section may acceptable to the Administrator. under this part an airplane use the services of a person as a pilot 19. Section 121.135 is amended by manufactured on or after a date listed in after that person has reached his or her revising paragraphs (a)(4); (b)(2); (b)(6); this paragraph unless that airplane 60th birthday, until December 20, 1999. (b)(7); (b)(8)(i), (ii), and (iii); (b)(23) meets the applicable requirement listed Notwithstanding § 121.383(c), and introductory text and (c) to read as in this paragraph (e). except as provided in paragraph (i)(2) of follows: (1) For nontransport category this section, a person may serve as a turbopropeller powered airplanes type pilot for a certificate holder covered by § 121.135 Contents. certificated after December 31, 1964, paragraph (a)(1) of this section after that (a) * * * that have a passenger seat configuration person has reached his or her 60th (4) Not be contrary to any applicable of 10–19 seats: birthday, until December 20, 1999. Federal regulation and, in the case of a (i) Manufactured on or after March 20, (2) This paragraph (i)(1) applies only flag or supplemental operation, any 1997: to persons who were employed as pilots applicable foreign regulation, or the (A) Section 121.305(j), Third attitude by a certificate holder covered by certificate holder’s operations indicator. paragraph (a)(1) of this section on or specifications or operating certificate. (B) Section 121.311(f), Safety belts before March 20, 1997. and shoulder harnesses. * * * * * (ii) Manufactured on or after §§ 121.3, 121.5, 121.7, 121.9, and 121.13 (b) * * * December 22, 1997: Section 121.317(a), [Removed] (2) Duties and responsibilities of each Fasten seat belt light. 12. Sections 121.3, 121.5, 121.7, crewmember, appropriate members of (iii) Manufactured on or after 121.9, and 121.13 are removed. the ground organization, and December 20, 1999: Section 121.293, management personnel. Takeoff warning system. § 121.4 [Amended] * * * * * (2) For transport category 13. Section 121.4 is amended by (6) For domestic or flag operations, turbopropeller powered airplanes that removing ‘‘§ 121.3’’ wherever it appears appropriate information from the en have a passenger seat configuration of and adding in its place ‘‘part 119 of this route operations specifications, 20–30 seats manufactured on or after chapter’’. including for each approved route the March 20, 1997: Section 121.305(j), 14. Section 121.15 is revised to read types of airplanes authorized, the type Third attitude indicator. as follows: of operation such as VFR, IFR, day, Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65927 night, etc., and any other pertinent 21. Section 121.157 is amended by was type certificated as described in information. revising paragraphs (b) and (e) and by paragraphs (f)(1)(i) through (f)(1)(iv) of (7) For supplemental operations, adding new paragraphs (f), (g), and (h) this section and that was manufactured appropriate information from the to read as follows: after March 20, 1997, unless it meets the operations specifications, including the performance requirements in appendix area of operations authorized, the types § 121.157 Aircraft certification and K of this part. equipment requirements. of airplanes authorized, the type of (h) Newly type certificated airplanes. operation such as VFR, IFR, day, night, * * * * * No person may operate under this part etc., and any other pertinent (b) Airplanes certificated after June an airplane for which the application for information. 30, 1942. Except as provided in a type certificate is submitted after (8) * * * paragraphs (c), (d), (e), and (f) of this March 29, 1995, unless the airplane is (i) Its location (domestic and flag section, no certificate holder may type certificated under part 25 of this operations only); operate an airplane that was type chapter. (ii) Its designation (regular, alternate, certificated after June 30, 1942, unless it 22. Section 121.159 is revised to read provisional, etc.) (domestic and flag is certificated as a transport category as follows: operations only); airplane and meets the requirements of (iii) The types of airplanes authorized § 121.173(a), (b), (d), and (e). § 121.159 Single-engine airplanes (domestic and flag operations only); * * * * * prohibited. * * * * * (e) Commuter category airplanes. No certificate holder may operate a (23) Procedures and information to Except as provided in paragraphs (c) single-engine airplane under this part. assist personnel to identify packages and (d) of this section, no certificate 23. Section 121.161 is amended by marked or labeled as containing holder may operate under this part a revising paragraph (b) and by adding a hazardous materials and, if these nontransport category airplane type new paragraph (c) to read as follows: materials are to be carried, stored, or certificated after December 31, 1964, handled, procedures and instructions § 121.161 Airplane limitations: Type of and before March 30, 1995, unless it route. relating to the carriage, storage, or meets the applicable requirements of handling of hazardous materials, § 121.173(a), (b), (d), (e), and (f) and was * * * * * including the following: type certificated in the commuter (b) Except as provided in paragraph * * * * * category. (c) of this section, no certificate holder (c) Each certificate holder shall (f) Other nontransport category may operate a land airplane (other than maintain at least one complete copy of airplanes. Except as provided in a DC–3, C–46, CV–240, CV–340, CV– the manual at its principal base of paragraphs (c), (d), and (e) of this 440, CV–580, CV–600, CV–640, or operations. section, no certificate holder may Martin 404) in an extended overwater 20. Section 121.141 is revised operate under this part a nontransport operation unless it is certificated or amended by revising the section category airplane type certificated after approved as adequate for ditching under heading, paragraph (a), and the December 31, 1964, unless it meets the the ditching provisions of part 25 of this introductory text of paragraph (b) to applicable requirements of § 121.173(a), chapter. read as follows: (b), (d), and (e), was manufactured (c) Until December 20, 2010, a certificate holder may operate, in an § 121.141 Airplane flight manual. before March 20, 1997, and meets one of the following: extended overwater operation, a (a) Each certificate holder shall keep (1) Until December 20, 2010: nontransport category land airplane a current approved airplane flight (i) The airplane was type certificated type certificated after December 31, manual for each type of airplane that it in the normal category before July 1, 1964, that was not certificated or operates except for nontransport 1970, and meets special conditions approved as adequate for ditching under category airplanes certificated before issued by the Administrator for the ditching provisions of part 25 of this January 1, 1965. airplanes intended for use in operations chapter. (b) In each airplane required to have under part 135 of this chapter. 24. Section 121.163 is amended by an airplane flight manual in paragraph (ii) The airplane was type certificated revising paragraphs (a), (b), and (c) and (a) of this section, the certificate holder in the normal category before July 19, the introductory text of paragraph (d) to shall carry either the manual required 1970, and meets the additional read as follows: by § 121.133, if it contains the airworthiness standards in SFAR No. § 121.163 Airplane proving tests. information required for the applicable 23, 14 CFR part 23. flight manual and this information is (iii) The airplane was type certificated (a) Initial airplane proving tests. No clearly identified as flight manual in the normal category and meets the person may operate an airplane not requirements, or an approved Airplane additional airworthiness standards in before proven for use in a kind of Manual. If the certificate holder elects to appendix A of part 135 of this chapter. operation under this part or part 135 of carry the manual required by § 121.133, (iv) The airplane was type certificated this chapter unless an airplane of that the certificate holder may revise the in the normal category and complies type has had, in addition to the airplane operating procedures sections and with either section 1.(a) or 1.(b) of SFAR certification tests, at least 100 hours of modify the presentation of performance No. 41 of 14 CFR part 21. proving tests acceptable to the data from the applicable flight manual (2) The airplane was type certificated Administrator, including a if the revised operating procedures and in the normal category, meets the representative number of flights into en modified performance date presentation additional requirements described in route airports. The requirement for at are— paragraphs (f)(1)(i) through (f)(1)(iv) of least 100 hours of proving tests may be (1) Approved by the Administrator; this section, and meets the performance reduced by the Administrator if the and requirements in appendix K of this part. Administrator determines that a (2) Clearly identified as airplane flight (g) Certain newly manufactured satisfactory level of proficiency has been manual requirements. airplanes. No certificate holder may demonstrated to justify the reduction. * * * * * operate an airplane under this part that At least 10 hours of proving flights must 65928 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations be flown at night; these tests are (e) Except as provided in paragraph § 121.185 Airplanes: Reciprocating- irreducible. (c) of this section, no person may take engine-powered: Landing limitations: (b) Proving tests for kinds of off a reciprocating-engine-powered Destination airport. operations. Unless otherwise authorized airplane at a weight that is more than * * * * * by the Administrator, for each type of the allowable weight for the runway (c) This section does not apply to airplane, a certificate holder must being used (determined under the large nontransport category airplanes conduct at least 50 hours of proving runway takeoff limitations of the operated under § 121.173(c). tests acceptable to the Administrator for transport category operating rules of 14 33. Section 121.187 is amended by each kind of operation it intends to CFR part 121, subpart I) after taking into revising the section heading, conduct, including a representative account the temperature operating designating the existing text as number of flights into en route airports. correction factors in the applicable paragraph (a), and by adding a new (c) Proving tests for materially altered Airplane Flight Manual. paragraph (b) to read as follows: airplanes. Unless otherwise authorized * * * * * by the Administrator, for each type of § 121.187 Airplanes: Reciprocating- airplane that is materially altered in 27. Section 121.175 is amended by engine-powered: Landing limitations: design, a certificate holder must revising the section heading and adding Alternate airport. conduct at least 50 hours of proving a new paragraph (f) to read as follows: * * * * * tests acceptable to the Administrator for § 121.175 Airplanes: Reciprocating- (b) This section does not apply to each kind of operation it intends to engine-powered: Weight limitations. large nontransport category airplanes conduct with that airplane, including a * * * * * operated under § 121.173(c). representative number of flights into en 34. Section 121.211 is revised to read route airports. (f) This section does not apply to large as follows: (d) Definition of materially altered. nontransport category airplanes For the purposes of paragraph (c) of this operated under § 121.173(c). § 121.211 Applicability. section, a type of airplane is considered 28. Section 121.177 is amended by (a) This subpart prescribes special to be materially altered in design if the revising the section heading and adding airworthiness requirements applicable alteration includes— a new paragraph (c) to read as follows: to certificate holders as stated in paragraphs (b) through (e) of this * * * * * § 121.177 Airplanes: Reciprocating- engine-powered: Takeoff limitations. section. Subpart IÐ[Amended] (b) Except as provided in paragraph * * * * * (d) of this section, each airplane type 25. Subpart I is amended by removing (c) This section does not apply to certificated under Aero Bulletin 7A or the words ‘‘transport category’’ large nontransport category airplanes part 04 of the Civil Air Regulations in wherever they appear. operated under § 121.173(c). 26. Paragraphs (a), (b), (c), and (e) of effect before November 1, 1946 must 29. Section 121.179 is amended by § 121.173 are revised to read as follows: meet the special airworthiness revising the section heading and adding requirements in §§ 121.215 through § 121.173 General. a new paragraph (c) to read as follows: 121.283. (a) Except as provided in paragraph § 121.179 Airplanes: Reciprocating- (c) Each certificate holder must (c) of this section, each certificate holder engine-powered: En route limitations: all comply with the requirements of operating a reciprocating-engine- engines operating. §§ 121.285 through 121.291. powered airplane shall comply with * * * * * (d) If the Administrator determines §§ 121.175 through 121.187. that, for a particular model of airplane (b) Except as provided in paragraph (c) This section does not apply to used in cargo service, literal compliance (c) of this section, each certificate holder large nontransport category airplanes with any requirement under paragraph operating a turbine-engine-powered operated under § 121.173(c). (b) of this section would be extremely airplane shall comply with the 30. Section 121.181 is amended by difficult and that compliance would not applicable provisions of §§ 121.189 revising the section heading; by revising contribute materially to the objective through 121.197, except that when it the formulas in paragraphs (a) and (c)(1) sought, he may require compliance only 2 operates— to read ‘‘(0.079–0.106/N) Vso ’’ and with those requirements that are (1) A turbo-propeller-powered revising ‘‘0.026 Vso2’’ in paragraphs (a) necessary to accomplish the basic 2 airplane type certificated after August and (c)(1) to read ‘‘0.026 Vso ’’; and objectives of this part. 29, 1959, but previously type adding a new paragraph (d) to read as (e) No person may operate under this certificated with the same number of follows: part a nontransport category airplane reciprocating engines, the certificate type certificated after December 31, holder may comply with §§ 121.175 § 121.181 Airplanes: Reciprocating- engine-powered: En route limitations: One 1964, unless the airplane meets the through 121.187; or engine inoperative. special airworthiness requirements in (2) Until December 20, 2010, a turbo- § 121.293. propeller-powered airplane described in * * * * * § 121.157(f), the certificate holder may (d) This section does not apply to § 121.213 [Reserved] comply with the applicable performance large nontransport category airplanes 35. Section 121.213 is removed and requirements of appendix K of this part. operated under § 121.173(c). reserved. (c) Each certificate holder operating a § 121.183 [Amended] 36. Section 121.285 is amended by large nontransport category airplane revising paragraph (a) and by adding a type certificated before January 1, 1965, 31. Section 121.183 is amended by new paragraph (d) to read as follows: shall comply with §§ 121.199 through revising ‘‘0.0013 Vso2’’ in paragraphs 2 121.205 and any determination of (a)(2) and (b)(3) to read ‘‘0.013 Vso ’’. § 121.285 Carriage of cargo in passenger compliance must be based only on 32. Section 121.185 is amended by cargo compartments. approved performance data. revising the section heading and adding (a) Except as provided in paragraph * * * * * a new paragraph (c) to read as follows: (b), (c), or (d) or this section, no Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65929 certificate holder may carry cargo in the capacity of more than 44 passengers seats, that was manufactured before passenger compartment of an airplane. must conduct a partial demonstration of March 20, 1997. * * * * * emergency evacuation procedures in (k) When required by paragraph (j) of (d) Cargo, including carry-on baggage, accordance with paragraph (c) of this this section, a third gyroscopic bank- may be carried anywhere in the section upon: and-pitch indicator (artificial horizon) passenger compartment of a * * * * * that: nontransport category airplane type (c) In conducting the partial (1) Is powered from a source certificated after December 31, 1964, if demonstration required by paragraph (b) independent of the electrical generating it is carried in an approved cargo rack, of this section, each certificate holder system; bin, or compartment installed in or on must: (2) Continues reliable operation for a minimum of 30 minutes after total the airplane, if it is secured by an * * * * * approved means, or if it is carried in failure of the electrical generating (2) Apply for and obtain approval system; accordance with each of the following: from the certificate-holding district (1) For cargo, it is properly secured by (3) Operates independently of any office before conducting the other attitude indicating system; a safety belt or other tie-down having demonstration; enough strength to eliminate the (4) Is operative without selection after * * * * * possibility of shifting under all normally total failure of the electrical generating anticipated flight and ground (4) Apply for and obtain approval system; conditions, or for carry-on baggage, it is from the certificate-holding district (5) Is located on the instrument panel restrained so as to prevent its movement office before commencing operations in a position acceptable to the during air turbulence. with this type and model airplane. Administrator that will make it plainly (2) It is packaged or covered to avoid (d) * * * For certificate holders visible to and usable by each pilot at his possible injury to occupants. subject to § 121.2(a)(1), this paragraph or her station; and (3) It does not impose any load on applies only when a new type or model (6) Is appropriately lighted during all seats or in the floor structure that airplane is introduced into the phases of operation. exceeds the load limitation for those certificate holder’s operations after 41. Section 121.308 is revised to read components. January 19, 1996. as follows: (4) It is not located in a position that * * * * * § 121.308 Lavatory fire protection. 39. A new § 121.293 is added to read obstructs the access to, or use of, any (a) Except as provided in paragraphs as follows: required emergency or regular exit, or (c) and (d) of this section, no person the use of the aisle between the crew 121.293 Special airworthiness may operate a passenger-carrying and the passenger compartment, or is requirements for nontransport category airplane unless each lavatory in the located in a position that obscures any airplanes type certificated after December airplane is equipped with a smoke passenger’s view of the ‘‘seat belt’’ sign, 31, 1964. detector system or equivalent that ‘‘no smoking’’ sign or placard, or any No certificate holder may operate a provides a warning light in the cockpit required exit sign, unless an auxiliary nontransport category airplane or provides a warning light or audio sign or other approved means for proper manufactured after December 20, 1999 warning in the passenger cabin which notification of the passengers is unless the airplane contains a takeoff would be readily detected by a flight provided. warning system that meets the attendant, taking into consideration the (5) It is not carried directly above requirements of 14 CFR 25.703. positioning of flight attendants seated occupants. throughout the passenger compartment (6) It is stowed in compliance with However, the takeoff warning system does not have to cover any device for during various phases of flight. this section for takeoff and landing. (b) Except as provided in paragraph (7) For cargo-only operations, which it has been demonstrated that (c) of this section, no person may paragraph (d)(4) of this section does not takeoff with that device in the most operate a passenger-carrying airplane apply if the cargo is loaded so that at adverse position would not create a unless each lavatory in the airplane is least one emergency or regular exit is hazardous condition. equipped with a built-in fire available to provide all occupants of the 40. Section 121.305 is amended by extinguisher for each disposal airplane a means of unobstructed exit revising paragraph (j) and adding a new receptacle for towels, paper, or waste from the airplane if an emergency paragraph (k) to read as follows: located within the lavatory. The built-in occurs. § 121.305 Flight and navigational fire extinguisher must be designed to equipment. § 121.289 [Amended] discharge automatically into each 37. Section 121.289(a) introductory * * * * * disposal receptacle upon occurrence of text is amended by removing the word (j) On the airplanes described in this a fire in the receptacle. ‘‘large.’’ paragraph, in addition to two gyroscopic (c) Until December 22, 1997, a 38. Section 121.291 is amended by bank-and-pitch indicators (artificial certificate holder described in § 121.2(a) revising the introductory text of horizons) for use at the pilot stations, a (1) or (2) may operate an airplane with paragraph (b) and the introductory text third such instrument that complies a passenger seat configuration of 30 or of paragraph (c); revising paragraph with the provisions of paragraph (k) of fewer seats that does not comply with (c)(2) and (c)(4); and by adding a new this section: the smoke detector system requirements sentence at the end of paragraph (d) to (1) On each turbojet powered described in paragraph (a) of this read as follows: airplane. section and the fire extinguisher (2) On each turbopropeller powered requirements described in paragraph (b) § 121.291 Demonstration of emergency airplane that is manufactured after of this section. evacuation procedures. March 20, 1997. (d) After December 22, 1997, no * * * * * (3) After December 20, 2010, on each person may operate a nontransport (b) Each certificate holder conducting turbopropeller powered airplane having category airplane type certificated after operations with airplanes with a seating a passenger seat configuration of 10–30 December 31, 1964, with a passenger 65930 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations seat configuration of 10–19 seats unless (d) * * * (3) On airplanes with no flight that airplane complies with the smoke (1) Each light must— attendant, the certificate holder may detector system requirements described (i) Be operable manually both from take off or land as long as the flightcrew in paragraph (a) of this section, except the flightcrew station and, for airplanes instructs each passenger to place his or that the smoke detector system or on which a flight attendant is required, her seat back in the upright position for equivalent must provide a warning light from a point in the passenger takeoff and landing. in the cockpit or an audio warning that compartment that is readily accessible (f) No person may operate a transport would be readily detected by the to a normal flight attendant seat; category airplane that was type flightcrew. (ii) Have a means to prevent certificated after January 1, 1958, or a 42. Section 121.309 is amended by inadvertent operation of the manual nontransport category airplane revising paragraphs (c)(7), (d)(1), and (e) controls; and manufactured after March 20, 1997, to read as follows: (iii) When armed or turned on at unless it is equipped at each flight deck either station, remain lighted or become station with a combined safety belt and § 121.309 Emergency equipment. lighted upon interruption of the shoulder harness that meets the * * * * * airplane’s normal electric power. applicable requirements specified in (c) * * * (2) Each light must be armed or § 25.785 of this chapter, effective March (7) At least two of the required hand turned on during taxiing, takeoff, and 6, 1980, except that— fire extinguisher installed in passenger- landing. In showing compliance with * * * * * carrying airplanes must contain Halon this paragraph a transverse vertical (h) Each occupant of a seat equipped 1211 (bromochlorofluoromethane) or separation of the fuselage need not be with a shoulder harness or with a equivalent as the extinguishing agent. considered. combined safety belt and shoulder At least one hand fire extinguisher in (3) Each light must provide the harness must have the shoulder harness the passenger compartment must required level of illumination for at least or combined safety belt and shoulder contain Halon 1211 or equivalent. 10 minutes at the critical ambient harness properly secured about that * * * * * conditions after emergency landing. (4) Each light must have a cockpit occupant during takeoff and landing, (d) First aid and emergency medical except that a shoulder harness that is equipment and protective gloves. (1) For control device that has an ‘‘on,’’ ‘‘off,’’ and ‘‘armed’’ position. not combined with a safety belt may be treatment of injuries or medical unfastened if the occupant cannot emergencies that might occur during * * * * * perform the required duties with the flight time or in minor accidents each (f) Emergency exit access. Access to shoulder harness fastened. passenger-carrying airplane must have emergency exits must be provided as * * * * * the following equipment that meets the follows for each passenger-carrying 45. Section 121.312 is revised to read specifications and requirements of transport category airplane: as follows: appendix A of this part: * * * * * (i) Approved first aid kits; and (h) * * * § 121.312 Materials for compartment (ii) In airplanes for which a flight (1) Except for nontransport category interiors. attendant is required, an emergency airplanes certificated after December 31, (a) All interior materials; transport medical kit. 1964, each passenger-carrying airplane category airplanes and nontransport * * * * * must be equipped with exterior lighting category airplanes type certificated (e) Crash ax. Except for nontransport that meets the following requirements: before January 1, 1965. Except for the category airplanes type certificated after * * * * * materials covered by paragraph (b) of December 31, 1964, each airplane must (k) On each large passenger-carrying this section, all materials in each be equipped with a crash ax. turbojet-powered airplane, each ventral compartment of a transport category * * * * * exit and tailcone exit must be— airplane, or a nontransport category 43. Section 121.310 is amended by * * * * * airplane type certificated before January revising paragraphs (d)(1), (2), (3), and (l) Portable lights. No person may 1, 1965, used by the crewmembers and (4) and (l) and revising the introductory operate a passenger-carrying airplane passengers, must meet the requirements text of paragraphs (c), (f), (h)(1) and (k) unless it is equipped with flashlight of § 25.853 of this chapter in effect as to read as follows: stowage provisions accessible from each follows, or later amendment thereto: flight attendant seat. (1) Airplane with passenger seating 121.310 Additional emergency equipment. * * * * * capacity of 20 or more. * * * * * 44. Section 121.311 is amended by (i) Manufactured after August 19, (c) Lighting for interior emergency exit revising the first sentence of the 1988, but prior to August 20, 1990. markings. Except for nontransport introductory text of paragraph (e), by Except as provided in paragraph category airplanes type certificated after adding a new paragraph (e)(3), by (a)(3)(ii) of this section, each airplane December 31, 1964, each passenger- revising the introductory text of with a passenger capacity of 20 or more carrying airplane must have an paragraph (f), and by revising paragraph and manufactured after August 19, emergency lighting system, independent (h) to read as follows: 1988, but prior to August 20, 1990, must of the main lighting system. However, comply with the heat release rate testing sources of general cabin illumination § 121.311 Seats, safety belts, and shoulder provisions of § 25.853(d) in effect March may be common to both the emergency harnesses. 6, 1995 (formerly § 25.853(a–1) in effect and the main lighting systems if the * * * * * on August 20, 1986) (see App. L of this power supply to the emergency lighting (e) Except as provided in paragraphs part), except that the total heat release system is independent of the power (e)(1) through (e)(3) of this section, no over the first 2 minutes of sample supply to the main lighting system. certificate holder may take off or land an exposure must not exceed 100 kilowatt The emergency lighting system airplane unless each passenger seat back minutes per square meter and the peak must— is in the upright position. * ** heat release rate must not exceed 100 * * * * * * * * * * kilowatts per square meter. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65931

(ii) Manufactured after August 19, on September 26, 1988)(see app. L of part 21 for a maximum certificated 1990. Each airplane with a passenger this part), if there is a substantially takeoff weight in excess of 12,500 capacity of 20 or more and complete replacement of the cabin pounds unless the airplane meets the manufactured after August 19, 1990, interior components identified in compartment interior requirements set must comply with the heat release rate § 25.853(d), on or after August 20, 1990. forth in § 25.853(a) in effect March 6, and smoke testing provisions of (4) Contrary provisions of this section 1995 (formerly § 25.853(a), (b), (b–1), (b– § 25.853(d) in effect March 6, 1995 notwithstanding, the Manager of the 2), and (b–3) of this chapter in effect on (formerly § 25.853(a–1)(see app. L of Transport Airplane Directorate, Aircraft September 26, 1978)(see app. L of this this part) in effect on September 26, Certification Service, Federal Aviation part). 1988). Administration, may authorize (d) All interior materials; other (2) Substantially complete deviation from the requirements of airplanes. For each material or seat replacement of the cabin interior on or paragraph (a)(1)(i), (a)(1)(ii), (a)(3)(i), or cushion to which a requirement in after May 1, 1972.—(i) Airplane for (a)(3)(ii) of this section for specific paragraphs (a), (b), or (c) of this section which the application for type components of the cabin interior that do does not apply, the material and seat certificate was filed prior to May 1, not meet applicable flammability and cushion in each compartment used by 1972. Except as provided in paragraph smoke emission requirements, if the the crewmembers and passengers must (a)(3)(i) or (a)(3)(ii) of this section, each determination is made that special meet the applicable requirement under airplane for which the application for circumstances exist that make which the airplane was type type certificate was filed prior to May 1, compliance impractical. Such grants of certificated. 1972, must comply with the provisions deviation will be limited to those 46. Section 121.313(f) is revised to of § 25.853 in effect on April 30, 1972, airplanes manufactured within 1 year read as follows: regardless of passenger capacity, if there after the applicable date specified in is a substantially complete replacement this section and those airplanes in § 121.313 Miscellaneous equipment. of the cabin interior after April 30, 1972. which the interior is replaced within 1 * * * * * (ii) Airplane for which the application year of that date. A request for such (f) A door between the passenger and for type certificate was filed on or after grant of deviation must include a pilot compartments, with a locking May 1, 1972. Except as provided in thorough and accurate analysis of each means to prevent passengers from paragraph (a)(3)(i) or (a)(3)(ii) of this component subject to § 25.853(a–1), the opening it without the pilot’s section, each airplane for which the steps being taken to achieve permission, except that nontransport application for type certificate was filed compliance, and, for the few category airplanes certificated after on or after May 1, 1972, must comply components for which timely December 31, 1964, are not required to with the material requirements under compliance will not be achieved, comply with this paragraph. which the airplane was type credible reasons for such * * * * * certificated, regardless of passenger noncompliance. 47. Section 121.317 is amended by capacity, if there is a substantially (5) Contrary provisions of this section revising paragraphs (a), (b), and (k) and complete replacement of the cabin notwithstanding, galley carts and galley by adding a new paragraph (l) to read interior on or after that date. standard containers that do not meet the as follows: (3) Airplane type certificated after flammability and smoke emission January 1, 1958, with passenger requirements of § 25.853(d) in effect § 121.317 Passenger information. capacity of 20 or more.—(i) March 6, 1995 (formerly § 25.853(a–1)) (a) Except as provided in paragraph (l) Substantially complete replacement of (see app. L of this part) may be used in of this section, no person may operate the cabin interior on or after March 6, airplanes that must meet the an airplane unless it is equipped with 1995. Except as provided in paragraph requirements of paragraphs (a)(1)(i), passenger information signs that meet (a)(3)(ii) of this section, each airplane (a)(1)(ii), (a)(3)(i), or (a)(3)(ii) of this the requirements of § 25.791 of this that was type certificated after January section, provided the galley carts or chapter. Except as provided in 1, 1958, and has a passenger capacity of standard containers were manufactured paragraph (l) of this section, the signs 20 or more, must comply with the heat prior to March 6, 1995. must be constructed so that the release rate testing provisions of (b) Seat cushions. Seat cushions, crewmembers can turn them on and off. § 25.853(d) in effect March 6, 1995 except those on flight crewmember (b) Except as provided in paragraph (l) (formerly § 25.853(a–1) in effect on seats, in each compartment occupied by of this section, the ‘‘Fasten Seat Belt’’ August 20, 1986)(see app. L of this part), crew or passengers, must comply with sign shall be turned on during any if there is a substantially complete the requirements pertaining to seat movement on the surface, for each replacement of the cabin interior cushions in § 25.853(c) effective on takeoff, for each landing, and at any components identified in § 25.853(d), on November 26, 1984, on each airplane as other time considered necessary by the or after that date, except that the total follows: pilot in command. heat release over the first 2 minutes of (1) Each transport category airplane * * * * * sample exposure shall not exceed 100 type certificated after January 1, 1958; (k) Each passenger shall comply with kilowatt-minutes per square meter and and instructions given him or her by a the peak heat release rate must not (2) On or after December 20, 2010, crewmember regarding compliance with exceed 100 kilowatts per square meter. each nontransport category airplane paragraphs (f), (g), (h), and (l) of this (ii) Substantially complete type certificated after December 31, section. replacement of the cabin interior on or 1964. (l) A certificate holder may operate a after August 20, 1990. Each airplane that (c) All interior materials; airplanes nontransport category airplane type was type certificated after January 1, type certificated in accordance with certificated after December 31, 1964, 1958, and has a passenger capacity of 20 SFAR No. 41 of 14 CFR part 21. No that is manufactured before December or more, must comply with the heat person may operate an airplane that 22, 1997, if it is equipped with at least release rate and smoke testing conforms to an amended or one placard that is legible to each provisions of § 25.853(d) in effect March supplemental type certificate issued in person seated in the cabin that states 6, 1995 (formerly § 25.853(a–1) in effect accordance with SFAR No. 41 of 14 CFR ‘‘Fasten Seat Belt,’’ and if, during any 65932 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations movement on the surface, for each relating to ice protection, or unless an crewmember seat, and a payload takeoff, for each landing, and at any airplane is a non-transport category capacity of 7,500 pounds or less unless other time considered necessary by the airplane type certificated after December it meets the requirements for flight pilot in command, a crewmember orally 31, 1964, that has the ice protection recorders in § 135.152 of this chapter. A instructs the passengers to fasten their provisions that meet section 34 of person operating an airplane with a seat belts. appendix A of part 135 of this chapter, passenger seat configuration of more 48. Section 121.323(b) and (c) are no person may operate an airplane in than 30 passenger seats, or a payload revised to read as follows: icing conditions unless it is equipped capacity of more than 7,500 pounds with means for the prevention or shall comply with § 121.343. § 121.323 Instruments and equipment for removal of ice on windshields, wings, 54. Section 121.349 is amended by operations at night. empennage, propellers, and other parts adding a new paragraph (e) to read as * * * * * of the airplane where ice formation will follows: (b) An anti-collision light. adversely affect the safety of the § 121.349 Radio equipment for operations (c) Two landing lights, except that airplane. only one landing light is required for under VFR over routes not navigated by nontransport category airplanes type * * * * * pilotage or for operations under IFR or over-the-top. certificated after December 31, 1964. (c) Non-transport category airplanes type certificated after December 31, * * * * * * * * * * 1964. Except for an airplane that has ice (e) No person may operate an airplane 49. Section 121.337 is amended by protection provisions that meet section having a passenger seat configuration of removing the words ‘‘a transport 34 of appendix A of part 135 of this 10 to 30 seats, excluding each category’’ from the introductory text in chapter, or those for transport category crewmember seat, and a payload of paragraph (b) and adding in its place airplane type certification, no person 7,500 pounds or less under IFR or in ‘‘an’’, by adding a heading for paragraph may operate— extended overwater operations unless it (b)(8), by adding a heading and revising (1) Under IFR into known or forecast has, in addition to any other required the introductory text of paragraph (b)(9), light or moderate icing conditions; radio communications and navigational and by removing paragraph (d) to read (2) Under VFR into known light or equipment appropriate to the facilities as follows: moderate icing conditions; unless the to be used which are capable of § 121.337 Protective breathing equipment. airplane has functioning deicing anti- transmitting to, and receiving from, at icing equipment protecting each * * * * * any place on the route to be flown, at (b) * * * propeller, windshield, wing, stabilizing least one ground facility, two (8) Smoke and fume protection. *** or control surface, and each airspeed, microphones, and two headsets or one (9) Fire combatting. Except for altimeter, rate of climb, or flight attitude headset and one speaker. nontransport category airplanes type instrument system; or 55. Section 121.353 is amended by certificated after December 31, 1964, (3) Into known or forecast severe icing revising the heading and the protective breathing equipment with a conditions. introductory text to read as follows: portable breathing gas supply meeting (d) If current weather reports and briefing information relied upon by the § 121.353 Emergency equipment for the requirements of this section must be operations over uninhabited terrain areas: easily accessible and conveniently pilot in command indicate that the Flag, supplemental, and certain domestic located for immediate use by forecast icing condition that would operations. crewmembers in combatting fires as otherwise prohibit the flight will not be Unless the airplane has the following follows: encountered during the flight because of equipment, no person may conduct a changed weather conditions since the * * * * * flag or supplemental operation or a forecast, the restrictions in paragraph (c) domestic operation within the States of 50. Section 121.340 is amended by of this section based on forecast revising paragraph (a) to read as follows: Alaska or Hawaii over an uninhabited conditions do not apply. area or any other area that (in its § 121.340 Emergency flotation means. 52. Section 121.342 is revised to read operations specifications) the (a) Except as provided in paragraph as follows: Administrator specifies required (b) of this section, no person may § 121.342 Pitot heat indication systems. equipment for search and rescue in case operate an airplane in any overwater No person may operate a transport of an emergency: operation unless it is equipped with life category airplane or, after December 20, * * * * * preservers in accordance with 1999, a nontransport category airplane 56. Section 121.356 is amended by § 121.339(a)(1) or with an approved type certificated after December 31, revising the introductory text of flotation means for each occupant. This 1964, that is equipped with a flight paragraph (c) to read as follows: means must be within easy reach of instrument pitot heating system unless each seated occupant and must be § 121.356 Traffic Alert and Collision the airplane is also equipped with an Avoidance System. readily removable from the airplane. operable pitot heat indication system * * * * * * * * * * that complies § 25.1326 of this chapter (c) The appropriate manuals required 51. Section 121.341 is amended by in effect on April 12, 1978. revising paragraph (a) and by adding by § 121.131 shall contain the following 53. Section 121.344 is added to read information on the TCAS II System or new paragraphs (c) and (d) to read as as follows: follows: TCAS I System, as appropriate, as § 121.344 Flight recorders: Airplanes with required by this section: § 121.341 Equipment for operations in a passenger seat configuration of 10±30 * * * * * icing conditions. passenger seats and a payload capacity of 57. Section 121.357 is amended by (a) Except as permitted in paragraph 7,500 pounds or less. revising paragraph (a) and introductory (c)(2) of this section, unless an airplane No person may operate an airplane text of paragraph (c) and by removing is type certificated under the transport with a passenger seat configuration of the words ‘‘an air carrier or commercial category airworthiness requirements 10–30 passenger seats, excluding each operator’’ in paragraph (c)(1) and Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65933 adding, in their place, the words ‘‘a § 121.360 Ground proximity warning-glide adding new paragraphs (a)(2)(iii) and (b) certificate holder,’’ to read as follows: slope deviation alerting system. to read as follows: (a) No person may operate a turbine- § 121.357 Airborne weather radar powered airplane unless it is equipped § 121.380 Maintenance recording equipment requirements. requirements. with a ground proximity warning (a) No person may operate any system that meets the performance and (a) Each certificate holder shall keep transport category airplane (except C–46 environmental standards of TSO–C92 (using the system specified in the type airplanes) or a nontransport (available from the FAA, 800 manual required in § 121.369) the category airplane certificated after Independence Avenue SW., following records for the periods December 31, 1964, unless approved Washington, DC 20591) or incorporates specified in paragraph (c) of this airborne weather radar equipment has TSO-approved ground proximity section: been installed in the airplane. warning equipment. * * * * * * * * * * (b) For the ground proximity warning (2) * * * system required by this section, the (i) The total time in service of the (c) Each person operating an airplane airframe. required to have approved airborne Airplane Flight Manual shall contain— (1) Appropriate procedures for— (ii) Except as provided in paragraph weather radar equipment installed shall, (b) of this section, the total time in when using it under this part, operate it (i) The use of the equipment; (ii) Proper flightcrew action with service of each engine and propeller. in accordance with the following: (iii) The current status of life-limited respect to the equipment; * * * * * parts of each airframe, engine, propeller, (iii) Deactivation for planned and appliance. 58. Section 121.359 is amended by abnormal and emergency conditions; removing and reserving paragraph (b), (iv) Inhibition of Mode 4 warnings * * * * * by revising the introductory text of based on flaps being in other than the (vi) The current status of applicable paragraph (c), by redesignating landing configuration if the system airworthiness directives, including the paragraphs (d) through (f) as paragraphs incorporates a Mode 4 flap warning date and methods of compliance, and, if (f) through (h), respectively, and adding inhibition control; and the airworthiness directive involves new paragraphs (d) and (e) to read as (2) An outline of all input sources that recurring action, the time and date follows: must be operating. when the next action is required. (vii) A list of current major alterations (c) No person may deactivate a ground § 121.359 Cockpit voice recorders. to each airframe, engine, propeller, and proximity warning system required by appliance. * * * * * this section except in accordance with (b) A certificate holder need not (c) The cockpit voice recorder the procedures contained in the record the total time in service of an required by paragraph (a) of this section Airplane Flight Manual. engine or propeller on a transport must meet the following application (d) Whenever a ground proximity standards: category airplane that has a passenger warning system required by this section seat configuration of more than 30 seats * * * * * is deactivated, an entry shall be made in or a nontransport category airplane type (d) No person may operate a the airplane maintenance record that certificated before January 1, 1958, until multiengine, turbine-powered airplane includes the date and time of the following, whichever occurs first: having a passenger seat configuration of deactivation. (1) March 20, 1997; or 10–19 seats unless it is equipped with (e) No person may operate a turbine- (2) The date of the first overhaul of an approved cockpit voice recorder that: powered airplane unless it is equipped the engine or propeller, as applicable, with a ground proximity warning/glide (1) Is installed in compliance with after January 19, 1996. slope deviation alerting system that § 23.1457(a) (1) and (2), (b), (c), (d), (e), (c) * * * meets the performance and (f), and (g); § 25.1457(a) (1) and (2), (b), (1) Except for the records of the last environmental standards contained in (c), (d), (e), (f), and (g) of this chapter, complete overhaul of each airframe, TSO–C92a or TSO–C92b or incorporates as applicable; and engine, propeller, and appliance, the TSO-approved ground proximity records specified in paragraph (a)(1) of (2) Is operated continuously from the warning-glide slope deviation alerting this section shall be retained until the use of the checklist before the flight to equipment. work is repeated or superseded by other completion of the final checklist at the (f) No person may operate a turbojet work or for one year after the work is end of the flight. powered airplane equipped with a performed. (e) No person may operate a system required by paragraph (e) of this (2) The records of the last complete multiengine, turbine-powered airplane section, that incorporates equipment overhaul of each airframe, engine, having a passenger seat configuration of that meets the performance and propeller, and appliance shall be 20 to 30 seats unless it is equipped with environmental standards of TSO–C92b retained until the work is superseded by an approved cockpit voice recorder or is approved under that TSO, using work of equivalent scope and detail. that— other than Warning Envelopes 1 or 3 for * * * * * (1) Is installed in compliance with Warning Modes 1 and 4. 61. Section 121.391 is amended by § 23.1457 or § 25.1457 of this chapter, as 60. Section 121.380 is amended by redesignating paragraphs (a)(2) and applicable; and redesignating paragraphs (a)(2)(iii) (a)(3) as paragraphs (a)(3) and (a)(4), through (a)(2)(vi) as paragraphs (a)(2)(iv) (2) Is operated continuously from the respectively; by revising paragraphs (a) through (a)(2)(vii), respectively; by use of the checklist before the flight to introductory text and (a)(1); by adding a redesignating paragraphs (b) and (c) as completion of the final checklist at the new paragraph (a)(2); and by removing paragraphs (c) and (d), respectively; by end of the flight. paragraph (e) to read as follows: revising paragraphs (a) introductory * * * * * text, (a)(2)(i), (a)(2)(ii), newly § 121.391 Flight attendants. 59. Section 121.360 is revised to read redesignated paragraphs (a)(2)(vi), (a) Each certificate holder shall as follows: (a)(2)(vii), (c)(1), and (c)(2); and by provide at least the following flight 65934 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations attendants on each passenger-carrying FAA-approved operating procedures. If section may be reduced to a minimum airplane used: more than one flight attendant or other of 21⁄2 hours by the substitution of one (1) For airplanes having a maximum qualified person is on board, the flight additional takeoff and landing for an payload capacity of more than 7,500 attendants or other qualified persons hour of flight. The requirement of this pounds and having a seating capacity of shall be spaced throughout the cabin to paragraph may be satisfied by more than 9 but less than 51 provide the most effective assistance for observation of 5 hours of simulator passengers—one flight attendant. the evacuation in case of an emergency. training for each airplane group in one (2) For airplanes having a maximum of the simulators approved under payload capacity of 7,500 pounds or less § 121.435 [Removed] § 121.407 for the group. However, if the and having a seating capacity of more 63. Section 121.435 is removed. requirement of paragraph (a) is met by than 19 but less than 51 passengers— § 121.455 [Amended] the use of a simulator, no reduction in one flight attendant. hours is permitted. 64. Section 121.455 is amended by * * * * * adding the words ‘‘or operator’’ after the * * * * * 62. Section 121.393 is added to read words ‘‘certificate holder,’’ wherever 67. Section 121.470 is revised to read as follows: they appear. as follows: § 121.393 Crewmember requirements at § 121.470 Applicability. stops where passengers remain on board. § 121.457 [Amended] This subpart prescribes flight time At stops where passengers remain on 65. Section 121.457 is amended by limitations and rest requirements for board, the certificate holder must meet adding the words ‘‘or operator’’ after the domestic operations, except that: the following requirements: words ‘‘certificate holder,’’ wherever (a) On each airplane for which a flight they appear. (a) Certificate holders conducting attendant is not required by 66. Section 121.463 is amended in operations with airplanes having a § 121.391(a), the certificate holder must paragraphs (a), (b), and (d) by removing passenger seat configuration of 30 seats ensure that a person who is qualified in the words ‘‘domestic or flag air carrier’’ or fewer, excluding each crewmember the emergency evacuation procedures and adding, in their place, the words seat, and a payload capacity of 7,500 for the airplane, as required in ‘‘certificate holder conducting domestic pounds or less, may comply with the § 121.417, and who is identified to the or flag operations;’’ in paragraph (d) by applicable requirements of §§ 135.261 passengers, remains: removing the words ‘‘air carrier’’ and through 135.273 of this chapter. (1) On board the airplane; or adding, in their place, the words (b) Certificate holders conducting (2) Nearby the airplane, in a position ‘‘certificate holder;’’ and by revising scheduled operations entirely within to adequately monitor passenger safety, paragraphs (a)(2) and (c) to read as the States of Alaska or Hawaii with and: follows: airplanes having a passenger seat (i) The airplane engines are shut configuration of more than 30 seats, § 121.463 Aircraft dispatcher excluding each crewmember seat, or a down; and qualifications. (ii) At least one floor level exit payload capacity of more than 7,500 (a) * * * remains open to provide for the pounds, may comply with the (2) Operating familiarization deplaning of passengers. requirements of subpart R of this part (b) On each airplane for which flight consisting of at least 5 hours observing for those operations. attendants are required by § 121.391(a), operations under this part from the 68. Section 121.480 is revised to read but the number of flight attendants flight deck or, for airplanes without an as follows: remaining on board is fewer than observer seat on the flight deck, from a § 121.480 Applicability. required by § 121.391(a), the certificate forward passenger seat with headset or speaker. This requirement may be This subpart prescribes flight time holder must meet the following 1 requirements: reduced to a minimum of 2 ⁄2 hours by limitations and rest requirements for (1) The certificate holder shall ensure the substitution of one additional flag operations, except that certificate that: takeoff and landing for an hour of flight. holders conducting operations with (i) The airplane engines are shut A person may serve as an aircraft airplanes having a passenger seat down; dispatcher without meeting the configuration of 30 seats or fewer, (ii) At least one floor level exit requirement of this paragraph (a) for 90 excluding each crewmember seat, and a remains open to provide for the days after initial introduction of the payload capacity of 7,500 pounds or deplaning of passengers; and airplane into operations under this part. less, may comply with the applicable (iii) the number of flight attendants on * * * * * requirements of §§ 135.261 through board is at least half the number (c) No certificate holder conducting 135.273 of this chapter. required by § 121.391(a), rounded down domestic or flag operations may use any 69. Section 121.500 is revised to read to the next lower number in the case of person, nor may any person serve, as an as follows: fractions, but never fewer than one. aircraft dispatcher unless within the (2) The certificate holder may preceding 12 calendar months the § 121.500 Applicability. substitute for the required flight aircraft dispatcher has satisfactorily This subpart prescribes flight time attendants other persons qualified in the completed operating familiarization limitations and rest requirements for emergency evacuation procedures for consisting of at least 5 hours observing supplemental operations, except that that aircraft as required in § 121.417, if operations under this part, in one of the certificate holders conducting these persons are identified to the types of airplanes in each group to be operations with airplanes having a passengers. dispatched. This observation shall be passenger seat configuration of 30 seats (3) If only one flight attendant or other made from the flight deck or, for or fewer, excluding each crewmember qualified person is on board during a airplanes without an observer seat on seat, and a payload capacity of 7,500 stop, that flight attendant or other the flight deck, from a forward pounds or less, may comply with the qualified person shall be located in passenger seat with headset or speaker. applicable requirements of §§ 135.261 accordance with the certificate holder’s The requirement of paragraph (a) of this through 135.273 of this chapter. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65935

70. Section 121.571 is amended in than 30 passengers that does not have (1) The airport is adequate for the paragraph (a)(4) by removing the words an observer seat on the flight deck, the proposed operation, considering such ‘‘flight attendant’’ and adding in their certificate holder must provide a items as size, surface, obstructions, and place, the word ‘‘crewmembers;’’ by forward passenger seat with headset or lighting. adding a new paragraph (a)(1)(v); and by speaker for occupancy by the (2) For an airplane carrying revising the introductory text of Administrator while conducting en passengers at night, the pilot may not paragraph (a)(3) to read as follows: route inspections. Notwithstanding the take off from, or land at, an airport requirements of § 121.587, the cockpit unless— § 121.571 Briefing passengers before take- door, if required, may remain open off. (i) The pilot has determined the wind during such inspections. direction from an illuminated wind (a) * * * (1) * * * § 121.583 [Amended] direction indicator or local ground communications or, in the case of (v) On operations that do not use a 73. Section 121.583(a) is amended by flight attendant, the following removing the reference to ‘‘,121.161,.’’ takeoff, that pilot’s personal additional information: 74. Section 121.587 is amended by observations; and (A) The placement of seat backs in an revising paragraph (a) and adding a new (ii) The limits of the area to be used upright position before takeoff and paragraph (b)(3) to read as follows: for landing or takeoff are clearly shown landing. by boundary or runway marker lights. If (B) Location of survival equipment. § 121.587 Closing and locking of flight the area to be used for takeoff or landing (C) If the flight involves operations crew compartment door. is marked by flare pots or lanterns, their above 12,000 MSL, the normal and (a) Except as provided in paragraph use must be approved by the emergency use of oxygen. (b) of this section, a pilot in command Administrator. (D) Location and operation of fire of an airplane that has a lockable flight 77. Section 121.639 is amended by extinguisher. crew compartment door in accordance revising the section heading and * * * * * with § 121.313 and that is carrying revising paragraph (c) to read as follows: (3) Except as provided in paragraph passengers shall ensure that the door separating the flight crew compartment § 121.639 Fuel supply: All domestic (a)(4) of this section, before each takeoff operations. a required crewmember assigned to the from the passenger compartment is flight shall conduct an individual closed and locked during flight. * * * * * briefing of each person who may need (b) * * * (c) Thereafter, to fly for 45 minutes at the assistance of another person to move (3) When a jumpseat is being used by normal cruising fuel consumption or, expeditiously to an exit in the event of persons authorized under § 121.547 in for certificate holders who are an emergency. In the briefing the airplanes in which closing and locking authorized to conduct day VFR required crewmember shall— the flight crew compartment door is operations in their operations impossible while the jumpseat is in use. specifications and who are operating * * * * * nontransport category airplanes type 71. Section 121.578(b) introductory § 121.589 [Amended] text is revised to read as follows: certificated after December 31, 1964, to 75. Section 121.589 is amended in fly for 30 minutes at normal cruising paragraphs (b) and (c)(2) by removing § 121.578 Cabin ozone concentration. fuel consumption for day VFR the reference ‘‘§ 121.285(c) of this part’’ operations. * * * * * and adding in its place ‘‘§ 121.285 (c) 78. Section 121.643 is amended by (b) Except as provided in paragraphs and (d).’’ (d) and (e) of this section, no certificate 76. Section 121.590 is revised to read revising the section heading and holder may operate an airplane above as follows: paragraph (a)(3) to read as follows: the following flight levels unless it is § 121.590 Use of certificated land airports. § 121.643 Fuel supply: Nonturbine and successfully demonstrated to the turbo-propeller-powered airplanes; Administrator that the concentration of (a) Except as provided in paragraph supplemental operations. ozone inside the cabin will not exceed— (b) of this section or unless otherwise (a) * * * * * * * * authorized by the Administrator, no air (3) Thereafter, to fly for 45 minutes at 72. Section 121.581 is amended by carrier, and no pilot being used by an normal cruising fuel consumption or, revising the section heading and air carrier may, in the conduct of for certificate holders who are paragraph (a) and by adding a new operations governed by this part, authorized to conduct day VFR paragraph (c) to read as follows: operate an aircraft into a land airport in any State of the United States, the operations in their operations § 121.581 Observer's seat: En route District of Columbia, or any territory or specifications and who are operating inspections. possession of the United States, unless nontransport category airplanes type (a) Except as provided in paragraph that airport is certificated under part certificated after December 31, 1964, to (c) of this section, each certificate holder 139 of this chapter. However, an air fly for 30 minutes at normal cruising shall make available a seat on the flight carrier may designate and use as a fuel consumption for day VFR deck of each airplane, used by it in air required alternate airport for departure operations. commerce, for occupancy by the or destination an airport that is not * * * * * Administrator while conducting en certificated under part 139 of this 79. Section 121.703 is amended in route inspections. The location and chapter. paragraph (d) by removing the words equipment of the seat, with respect to its (b) Certificate holders conducting ‘‘FAA Flight Standards District Office suitability for use in conducting en passenger-carrying operations with charged with the overall inspection of route inspections, is determined by the airplanes designed for less than 31 the certificate holder’’ and adding, in Administrator. passenger seats may operate those their place, the words ‘‘certificate- * * * * * airplanes into airports not certificated holding district office’’ and by revising (c) For any airplane type certificated under part 139 of this chapter if the paragraphs (a)(12) and (f) to read as before December 20, 1995 for not more following conditions are met: follows: 65936 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

§ 121.703 Mechanical reliability reports. activities from his other business § 135.181(a)(2) of this chapter that apply to (a) * * * activities, if any; and small, nontransport category airplanes. (12) An unwanted landing gear (5) A list of each contract that gave b. Until March 20, 1997, airplanes described in paragraph 1.b.i of this appendix extension or retraction, or an unwanted rise to operating income on the profit and loss statement, including the names may continue to comply with the opening or closing of landing gear doors requirements in subpart I of part 135 of this during flight; and addresses of the contracting parties chapter that apply to commuter category * * * * * and the nature, scope, date, and airplanes. (f) A certificate holder that is also the duration of each contract. 5. Final Airplane Performance Operating holder of a Type Certificate (including Limitations. § 121.715 [Removed] a. Through an amended type certification a Supplemental Type Certificate), a 81. Section 121.715 is removed. program or a supplemental type certification Parts Manufacturer Approval, or a 82. Appendix K is added to part 121 program, each airplane described in Technical Standard Order to read as follows: paragraph 1.a and 1.b.ii of this appendix Authorization, or that is the licensee of must be shown to comply with the commuter a type certificate holder, need not report Appendix K to Part 121—Performance category performance requirements specified a failure, malfunction, or defect under Requirements for Certain in this appendix, which are included in part this section if the failure, malfunction, Turbopropeller Powered Airplanes 23 of this chapter. Each new revision to a or defect has been reported by it under current airplane performance operating 1. Applicability. This appendix specifies limitation for an airplane that is or has been § 21.3 of this chapter or under the requirements for the following turbopropeller demonstrated to comply, must also be accident reporting provisions of 14 CFR powered airplanes that must comply with the approved by the Administrator. An airplane part 830. Airplane Performance Operating Limitations approved to the requirements of section 1.(b) in §§ 121.189 through 121.197: of SFAR No. 41 of 14 CFR part 21, as * * * * * a. After December 20, 2010, each airplane described in paragraph 1.a.iv of this 80. Section 121.713 is revised to read manufactured before March 20, 1997 and appendix, and that has been demonstrated to as follows: type certificated in the: comply with the additional requirements of i. Normal category before July 1, 1970, and section 4.(c) of SFAR No. 41 of 14 CFR part § 121.713 Retention of contracts and meets special conditions issued by the 21 and International Civil Aviation amendments: Commercial operators who Administrator for airplanes intended for use Organization Annex 8 (available from the conduct intrastate operations for in operations under part 135 of this chapter. FAA, 800 Independence Avenue SW., compensation or hire. ii. Normal category before July 19, 1970, Washington, DC 20591), will be considered and meets the additional airworthiness (a) Each commercial operator who to be in compliance with the commuter conducts intrastate operations for standards in SFAR No. 23 of 14 CFR part 23. iii. Normal category, and complies with the category performance requirements. compensation or hire shall keep a copy b. Each turbopropeller powered airplane of each written contract under which it additional airworthiness standards in appendix A of part 135 of this chapter. subject to this appendix must be provides services as a commercial iv. Normal category, and complies with demonstrated to comply with the airplane operator for a period of at least 1 year section 1.(a) or 1.(b) of SFAR No. 41 of 14 performance operating limitation after the date of execution of the CFR part 21. requirements of this chapter specified as contract. In the case of an oral contract, b. After March 20, 1997, each airplane: follows: it shall keep a memorandum stating its i. Type certificated prior to March 29, i. Section 23.45 Performance General. ii. Section 23.51 Takeoff. elements, and of any amendments to it, 1995, in the commuter category. ii. Manufactured on or after March 20, iii. Section 23.53 Takeoff speeds. for a period of at least one year after the iv. Section 23.55 Accelerate stop distance. execution of that contract or change. 1997, and that was type certificated in the normal category, and complies with the v. Section 23.57 Takeoff path. (b) Each commercial operator who requirements described in paragraphs 1.a.i vi. Section 23.59 Takeoff distance and conducts intrastate operations for through iii of this appendix. takeoff run. compensation or hire shall submit a 2. Background. Sections 121.157 and vii. Section 23.61 Takeoff flight path. financial report for the first 6 months of 121.173(b) require that the airplanes operated viii. Section 23.65 Climb: All engines each fiscal year and another financial under this part and described in paragraph 1 operating. report for each complete fiscal year. If of this appendix, comply with the Airplane ix. Section 23.67 Climb: one engine Performance Operating Limitations in inoperative. that person’s operating certificate is x. Section 23.75 Landing. suspended for more than 29 days, that §§ 121.189 through 121.197. Airplanes described in § 121.157(f) and paragraph 1.a of xi. Section 23.77 Balked landing. person shall submit a financial report as this appendix must comply on and after xii. Sections 23.1581 through 23.1589 of the last day of the month in which December 20, 2010. Airplanes described in Airplane flight manual and approved manual the suspension is terminated. The report § 121.157(e) and paragraph 1.b of this material. required to be submitted by this section appendix must comply on and after March 6. Operation. After compliance with the shall be submitted within 60 days of the 20, 1997. (Airplanes type certificated in the final airplane performance operating last day of the period covered by the normal category, and in accordance with limitations requirements has been report and must include— SFAR No. 41 of 14 CFR part 21, as described demonstrated and added to the Airplane Flight Manual performance data of the (1) A balance sheet that shows assets, in paragraph 1.a.iv of this appendix, may not be produced after October 17, 1991.) affected airplane, that airplane must be liabilities, and net worth on the last day 3. References. Unless otherwise specified, operated in accordance with the performance of the reporting period; references in this appendix to sections of part limitations of §§ 121.189 through 121.197. (2) The information required by 23 of this chapter are to those sections of 14 83. A new appendix L is added to part § 119.35 (g)(2), (g)(7), and (g)(8) of this CFR part 23, as amended by Amendment No. 121 to read as follows: chapter; 23–45 (August 6, 1993, 58 FR 42156). (3) An itemization of claims in Performance Appendix L to Part 121—Type litigation against the applicant, if any, as Certification Regulations Made 4. Interim Airplane Performance Operating Previously Effective of the last day of the period covered by Limitations. the report; a. Until December 20, 2010, airplanes Appendix L lists regulations in this part (4) A profit and loss statement with described in paragraph 1.a of this appendix that require compliance with standards the separation of items relating to the may continue to comply with the contained in superseded type certification applicant’s commercial operator requirements in subpart I of part 135 and regulations that continue to apply to certain Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65937 transport category airplanes. The tables set periods, and the CFR edition and Federal the Federal Aviation Administration Law out citations to current CFR section, Register documents where the regulation Library, Room 924, 800 Independence applicable aircraft, superseded type having prior effect is found. Copies of all Avenue SW., Washington, DC. certification regulation and applicable time superseded regulations may be obtained at

Part 121 section Applicable aircraft Provisions: CFR/FR references

§ 121.312(a)(1)(i) ...... Transport category; or nontransport category type cer- Heat release rate testing. 14 CFR 25.853(d) in effect tificated before January 1, 1965; passenger capacity March 6, 1995: 14 CFR parts 1 to 59, Revised as of of 20 or more; manufactured prior to August 20, 1990. January 1, 1995, and amended by Amdt 25±83, 60 FR 6623, February 2, 1995. Formerly 14 CFR 25.853(a±1) in effect August 20, 1986: 14 CFR parts 1 to 59, Revised as of January 1, 1986. § 121.312(a)(1)(ii) ...... Transport category; or nontransport category type cer- Heat release rate and smoke testing. 14 CFR 25.853(d) tificated before January 1, 1965; passenger capacity in effect March 6, 1995: 14 CFR parts 1 to 59, Re- of 20 or more; manufactured after August 19, 1990. vised as of January 1, 1995, and amended by Amdt 25±83, 60 FR 6623, February 2, 1995. Formerly 14 CFR 25.853(a±1) in effect September 26, 1988: 14 CFR parts 1 to 59, Revised as of January 1, 1988, and amended by Amdt 25±66, 53 FR 32584, August 25, 1988 § 121.312(a)(2)(i) ...... Transport category; or nontransport category type cer- Provisions of 14 CFR 25.853 in effect on April 30, 1972: tificate before January 1, 1965; application for type 14 CFR parts 1 to 59, Revised as of January 1, 1972. certificate filed prior to May 1, 1972; substantially complete replacement of cabin interior on or after May 1, 1972. § 121.312(a)(3)(i) ...... Transport category type certificated after January 1, Heat release rate testing. 14 CFR 25.853(d) in effect 1958; nontransport category type certificated after March 6, 1995: 14 CFR parts 1 to 59, Revised as of January 1, 1958, but before January 1, 1965; pas- January 1, 1995; and amended by Amdt 25±83, 60 senger capacity of 20 or more; substantially complete FR 6623, February 2, 1995. replacement of the cabin interior on or after March 6, Formerly 14 CFR 25.853(a±1) in effect August 20, 1995. 1986: 14 CFR parts 1 to 59, Revised as of January 1, 1986. § 121.312(a)(3)(ii) ...... Transport category type certificated after January 1, Heat release rate and smoke testing. 14 CFR 25.853(d) 1958; nontransport category type certificated after in effect March 6, 1995; 14 CFR parts 1 to 59, Re- January 1, 1958, but before January 1, 1965; pas- vised as of January 1, 1995; and amended by Amdt senger capacity of 20 or more; substantially complete 25±83, 60 FR 6623, February 2, 1995. replacement of the cabin interior on or after August Formerly 14 CFR § 25.853(a±1) in effect September 26, 20, 1990. 1988: CFR, Title 14, Parts 1 to 59, Revised as of January 1, 1988, and amended by Amdt 25±66, 53 FR 32584, August 25, 1988. § 121.312(b) (1) and (2) ..... Transport category airplane type certificated after Janu- Seat cushions. 14 CFR 25.853(c) effective on Novem- ary 1, 1958; Nontransport category airplane type cer- ber 26, 1984: 14 CFR parts 1 to 59, Revised as of tificated after December 31, 1964. January 1, 1984, and amended by Amdt 25±59, 49 FR 43188, October 26, 1984. § 121.312(c) ...... Airplane type certificated in accordance with SFAR No. Compartment interior requirements. 14 CFR 25.853(a) 41; maximum certificated takeoff weight in excess of in effect March 6, 1995: 14 CFR parts 1 to 59, Re- 12,500 pounds. vised as of January 1, 1995, and amended by Amdt 25±83, 60 FR 6623, February 2, 1995. Formerly 14 CFR 25.853(a), (b±1), (b±2), and (b±3) in effect on September 26, 1978: 14 CFR parts 1 to 59, Revised as of January 1, 1978.

PART 125ÐCERTIFICATION AND § 125.1 Applicability. PART 127ÐCERTIFICATION AND OPERATIONS: AIRPLANES HAVING A * * * * * OPERATIONS OF SCHEDULED AIR SEATING CAPACITY OF 20 OR MORE (b) * * * CARRIERS WITH HELICOPTERS PASSENGERS OR A MAXIMUM [REMOVED] PAYLOAD CAPACITY OF 6,000 (4) They are being operated under part POUNDS OR MORE 91 by an operator certificated to operate 87. Part 127 is removed. those airplanes under the rules of parts PART 135ÐOPERATING 84. The authority citation for part 125 121, 135, or 137 of this chapter, they are REQUIREMENTS: COMMUTER AND continues to read as follows: being operated under the applicable rules of part 121 or part 135 of this ON-DEMAND OPERATIONS Authority: 49 U.S.C. 106(g), 1153, 40101, chapter by an applicant for a certificate 40105, 40103, 44113, 44701–44705, 44707– under part 119 of this chapter or they 88. The authority citation for part 135 44714, 44716–44717, and 44722. are being operated by a foreign air is revised to read as follows: carrier or a foreign person engaged in Authority: 49 U.S.C. 106(g), 44113, 44701, 85. The heading for 14 CFR part 125 44702, 44705, 44709, 44711–44713, 44715– is revised as set forth above. common carriage solely outside the United States under part 91 of this 44717, 44722. 86. Paragraph (b)(4) of § 125.1 is chapter; or 89. The heading for part 135 is revised revised to read as follows: * * * * * to read as set forth above. 65938 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations

90. Section 135.1 is amended by that have a passenger seat configuration (ii), and (iii) of this section unless that revising paragraph (a) and by removing of 10–19 seats; airplane meets the applicable and reserving paragraph (b) to read as (ii) Transport category turbopropeller requirement listed in paragraph (d)(1) follows: powered airplanes that have a passenger (i), (ii), and (iii) of this section: seat configuration of 20–30 seats; or (i) December 22, 1997: § 135.1 Applicability. (iii) Turbojet engine powered (A) Section 121.289, Landing gear (a) This part prescribes rules airplanes having a passenger seat aural warning. governing— configuration of 1–30 seats. (B) Section 121.308, Lavatory fire (1) The commuter or on-demand (2) Each person who, after January 19, protection. operations of each person who holds or 1996, applies for or obtains an initial air (C) Section 121.310(e), Emergency is required to hold an Air Carrier carrier or operating certificate and exit handle illumination. Certificate or Operating Certificate operations specifications to conduct (D) Section 121.337(b)(8), Protective under part 119 of this chapter. scheduled passenger-carrying breathing equipment. (2) Each person employed or used by operations in the kinds of airplanes (E) Section 121.340, Emergency a certificate holder conducting described in paragraphs (a)(1)(i), flotation means. operations under this part including the (a)(1)(ii), or paragraph (a)(1)(iii) of this (ii) December 20, 1999: Section maintenance, preventative maintenance section. 121.342, Pitot heat indication system. and alteration of an aircraft. (b) Obtaining operations (iii) December 20, 2010: (3) The transportation of mail by specifications. A certificate holder (A) For airplanes described in aircraft conducted under a postal described in paragraph (a)(1) of this § 121.157(f), the Airplane Performance service contract awarded under 39 section may not, after March 20, 1997, Operating Limitations in §§ 121.189 U.S.C. 5402c. operate an airplane described in through 121.197. (4) Each person who applies for paragraphs (a)(1)(i), (a)(1)(ii), or (B) Section 121.161(b), Ditching provisional approval of an Advanced (a)(1)(iii) of this section in scheduled approval. Qualification Program curriculum, passenger-carrying operations, unless it (C) Section 121.305(j), Third attitude curriculum segment, or portion of a obtains operations specifications to indicator. curriculum segment under SFAR No. 58 conduct its scheduled operations under (D) Section 121.312(c), Passenger seat of 14 CFR part 121 and each person part 121 of this chapter on or before cushion flammability. employed or used by an air carrier or March 20, 1997. (2) Transport category turbopropeller commercial operator under this part to (c) Regular or accelerated compliance. powered airplanes that have a perform training, qualification, or Except as provided in paragraphs (d), passenger seat configuration of 20–30 evaluation functions under an (e), and (i) of this section, each seats. No certificate holder may operate Advanced Qualification Program under certificate holder described in under this part an airplane that is SFAR No. 58 of 14 CFR part 121. paragraphs (a)(1) of this section shall described in paragraph (a)(1)(ii) of this (5) Nonstop sightseeing flights for comply with each applicable section on or after a date listed in this compensation or hire that begin and end requirement of part 121 of this chapter paragraph (d) unless that airplane meets at the same airport, and are conducted on and after March 20, 1997 or on and the applicable requirement listed in this within a 25 statute mile radius of that after the date on which the certificate paragraph (d): airport; however, except for operations holder is issued operations (i) December 22, 1997: subject to SFAR 50–2, these operations, specifications under this part, (A) Section 121.308, Lavatory fire when conducted for compensation or whichever occurs first. Except as protection. hire, must comply only with §§ 135.249, provided in paragraphs (d) and (e) of (B) Section 121.337(b) (8) and (9), 135.251, 135.253, 135.255, and 135.353. this section, each person described in Protective breathing equipment. (6) Each person who is on board an paragraph (a)(2) of this section shall (C) Section 121.340, Emergency aircraft being operated under this part. comply with each applicable flotation means. (7) Each person who is an applicant requirement of part 121 of this chapter (ii) December 20, 2010: Section for an Air Carrier Certificate or an on and after the date on which that 121.305(j), Third attitude indicator. Operating Certificate under 119 of this person is issued a certificate and (e) Newly manufactured airplanes. No chapter, when conducting proving tests. operations specifications under part 121 certificate holder that is described in * * * * * of this chapter. paragraph (a) of this section may operate 91. Section 135.2 is revised to read as (d) Delayed compliance dates. Unless under part 121 of this chapter an follows: paragraph (e) of this section specifies an airplane manufactured on or after a date earlier compliance date, no certificate listed in this paragraph (e) unless that § 135.2 Compliance schedule for operators holder that is covered by paragraph (a) airplane meets the applicable that transition to part 121 of this chapter; of this section may operate an airplane requirement listed in this paragraph (e). certain new entrant operators. in 14 CFR part 121 operations on or (1) For nontransport category (a) Applicability. This section applies after a date listed in this paragraph turbopropeller powered airplanes type to the following: unless that airplane meets the certificated after December 31, 1964, (1) Each certificate holder that was applicable requirement of this that have a passenger seat configuration issued an air carrier or operating paragraph: of 10–19 seats: certificate and operations specifications (1) Nontransport category (i) Manufactured on or after March 20, under the requirements of part 135 of turbopropeller powered airplanes type 1997: this chapter or under SFAR No. 38–2 of certificated after December 31, 1964, (A) Section 121.305(j), Third attitude 14 CFR part 121 before January 19, that have a passenger seating indicator. 1996, and that conducts scheduled configuration of 10–19 seats. No (B) Section 121.311(f), Safety belts passenger-carrying operations with: certificate holder may operate under and shoulder harnesses. (i) Nontransport category this part an airplane that is described in (ii) Manufactured on or after turbopropeller powered airplanes type paragraph (a)(1)(i) of this section on or December 22, 1997: Section 121.317(a), certificated after December 31, 1964, after a date listed in paragraph (d)(1) (i), Fasten seat belt light. Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations 65939

(iii) Manufactured on or after §§ 135.5, 135.9, 135.10, 135.11, 135.13, (b) Each commercial operator who December 20, 1999: Section 121.293, 135.15, and 135.17 [Removed] conducts intrastate operations for Takeoff warning system. 92. Sections 135.5, 135.9, 135.11, compensation or hire shall submit a (2) For transport category 135.13, 135.15, and 135.17 are removed. financial report for the first 6 months of turbopropeller powered airplanes that each fiscal year and another financial § 135.7 [Amended] have a passenger seat configuration of report for each complete fiscal year. If 20–30 seats manufactured on or after 93. Section 135.7 is amended by that person’s operating certificate is March 20, 1997: Section 121.305(j), removing ‘‘§ 135.5’’ wherever it appears suspended for more than 29 days, that Third attitude indicator. and adding in its place ‘‘part 119 of this person shall submit a financial report as (f) New type certification chapter’’. of the last day of the month in which requirements. No person may operate an § 135.21 [Amended] the suspension is terminated. The report airplane for which the application for a 94. Section 135.21 (b) and (f) are required to be submitted by this section type certificate was filed after March 29, amended by removing ‘‘principal shall be submitted within 60 days of the 1995, in 14 CFR part 121 operations operations base’’ and adding in its place last day of the period covered by the unless that airplane is type certificated ‘‘principal base of operations.’’ report and must include— under part 25 of this chapter. (1) A balance sheet that shows assets, (g) Transition plan. Before March 19, § 135.23 [Amended] liabilities, and net worth on the last day 1996 each certificate holder described in 95. Section 135.23(a) is amended by of the reporting period; paragraph (a)(1) of this section must removing the reference ‘‘§ 135.37(a)’’ (2) The information required by submit to the FAA a transition plan and adding in its place ‘‘§ 119.69(a) of § 119.35 (h)(2), (h)(7), and (h)(8) of this (containing a calendar of events) for this chapter’’. chapter; moving from conducting its scheduled (3) An itemization of claims in operations under the commuter § 135.27, 135.29, 135.31, 135.33, 135.35, litigation against the applicant, if any, as requirements of part 135 of this chapter 135.37, and 135.39 [Removed] of the last day of the period covered by to the requirements for domestic or flag 96. Section 135.27, 135.29, 135.31, the report; operations under part 121 of this 135.33, 135.35, 135.37, and 135.39 are (4) A profit and loss statement with chapter. Each transition plan must removed. the separation of items relating to the contain details on the following: 97. Section 135.41 is revised to read applicant’s commercial operator (1) Plans for obtaining new operations as follows: activities from his other business specifications authorizing domestic or § 135.41 Carriage of narcotic drugs, activities, if any; and flag operations; marihuana, and depressant or stimulant (5) A list of each contract that gave (2) Plans for being in compliance with drugs or substances. rise to operating income on the profit the applicable requirements of part 121 If the holder of a certificate operating and loss statement, including the names of this chapter on or before March 20, under this part allows any aircraft and addresses of the contracting parties 1997; and owned or leased by that holder to be and the nature, scope, date, and (3) Plans for complying with the engaged in any operation that the duration of each contract. compliance date schedules contained in certificate holder knows to be in § 135.105 [Amended] paragraphs (d) and (e) of this section. violation of § 91.19(a) of this chapter, 100. Section 135.105(a) is amended by (h) Continuing requirements. Until that operation is a basis for suspending revising the phrase ‘‘by a Commuter Air each certificate holder that is covered by or revoking the certificate. Carrier (as defined in § 298.2 of this paragraph (a) of this section meets the title) in passenger-carrying operations’’ specific compliance dates listed in § 135.43 [Amended] to read ‘‘in a commuter operation, as paragraphs (d) and (e) of this section, 98. Section 135.43 is amended by: defined in part 119 of this chapter.’’ the certificate holder shall comply with a. Revising ‘‘FAA Flight Standards the applicable airplane and equipment District Office charged with the overall § 135.165 [Amended] inspection’’ in paragraph (b) to read requirements of part 135 of this chapter. 101. Section 135.165(a) is amended by (i) Delayed pilot age limitation. (1) ‘‘certificate-holding district office.’’ b. Revising ‘‘Flight Standards District revising the phrase ‘‘carrying passengers Notwithstanding § 121.383(c) of this as a Commuter Air Carrier’’ as defined chapter, and except as provided in Office’’ in paragraph (c) to read ‘‘certificate-holding district office.’’ in part 298 of this title,’’ to read ‘‘in a paragraph (i)(2) of this section, a commuter operation, as defined in part certificate holder covered by paragraph 99. Section 135.64 is added to read as follows: 119 of this chapter.’’ (a)(1) of this section may use the 102. Section 135.243(a) is revised to services of a person as a pilot after that § 135.64 Retention of contracts and read as follows: person has reached his or her 60th amendments: Commercial operators who birthday, until December 20, 1999. conduct intrastate operations for § 135.243 Pilot in command qualifications. Notwithstanding § 121.383(c) of this compensation or hire. (a) No certificate holder may use a chapter, and except as provided in (a) Each commercial operator who person, nor may any person serve, as paragraph (i)(2) of this section, a person conducts intrastate operations for pilot in command in passenger-carrying may serve as a pilot for a certificate compensation or hire shall keep a copy operations— holder covered by paragraph (a)(1) of of each written contract under which it (1) Of a turbojet airplane, of an this section after that person has provides services as a commercial airplane having a passenger-seat reached his or her 60th birthday, until operator for a period of at least one year configuration, excluding each December 20, 1999. after the date of execution of the crewmember seat, of 10 seats or more, (2) Paragraph (i)(1) applies only to contract. In the case of an oral contract, or of a multiengine airplane in a persons who were employed as pilots by it shall keep a memorandum stating its commuter operation as defined in part a certificate holder covered by elements, and of any amendments to it, 119 of this chapter, unless that person paragraph (a)(1) of this section on or for a period of at least one year after the holds an airline transport pilot before March 20, 1997. execution of that contract or change. certificate with appropriate category and 65940 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Rules and Regulations class ratings and, if required, an accidents and incidents. By mandating incorporate recent knowledge about the appropriate type rating for that airplane. CRM training for certificate holders significance of human performance (2) Of a helicopter in a scheduled required to comply with part 121 factors (e.g., communication, decision- interstate air transportation operation by training requirements, the rule is also making, leadership, management), an air carrier within the 48 contiguous intended to reduce the number of generally referred to as crew resource states unless that person holds an accidents and incidents that could be management (CRM), in safe flight airline transport pilot certificate, attributed to a lack of crew operations. appropriate type ratings, and an communication and coordination. In December, 1986, in response to a instrument rating. EFFECTIVE DATE: March 19, 1996. safety recommendation from the * * * * * FOR FURTHER INFORMATION CONTACT: national Transportation Safety Board Mr. Larry Youngblut, Project (NTSB), the FAA specifically addressed § 135.244 [Amended] Development Branch (AFS–240), Air the human factors training issue by 103. Section 135.244(a) is amended by Transportation Division, Flight initiating an aviation behavioral revising the phrase ‘‘by a Commuter Air Standards Service, Federal Aviation technology program. This ongoing Carrier (as defined in § 298.2 of this Administration, 800 Independence program consists of projects that, among title) in passenger-carrying operations’’ Avenue, SW, Washington, DC 20591; other things, increase the use of line to read ‘‘in a commuter operation, as telephone (202) 267–8096. operational simulations (LOS) i.e. defined in part 119 of this chapter.’’ simulator training using a typical SUPPLEMENTARY INFORMATION: Issued in Washington, D.C. on December operational passenger flight scenario, in 12, 1995. Availability of the Rule a controlled training environment Federico Pen˜ a, Any person may obtain a copy of this designed to improve cockpit/cabin Secretary of Transportation. rule by submitting a request to the communication and coordination skills, David R. Hinson, Federal Aviation Administration, Office and pilot decision-making skills. Administrator. of Public Affairs, Attention: Public In June, 1988, the NTSB issued safety [FR Doc. 95–30545 Filed 12–14–95; 8:45 am] Inquiry Center (APA–230), 800 recommendation A–88–71 concerning CRM training, as a result of a Northwest BILLING CODE 4910±13±P Independence Avenue, SW., Washington, DC 20591, or by calling Airlines crash on August 16, 1987, in (202) 267–3484. Requests must identify which 148 passengers, 6 crewmembers, and 2 people on the ground were killed. DEPARTMENT OF TRANSPORTATION the amendment number and title of this rule. The NTSB noted that both pilots had Federal Aviation Administration received training only as individuals Background and not as an integral part of the cockpit 14 CFR Parts 121 and 135 Parts 121 and 135 of Title 14 of the crew during their last simulator training code of Federal Regulations contain and proficiency checks. The last CRM [Docket No. 27993; Amdt No. 121±250, 135± training they had each received was 3.5 57] rules that specify training program requirements for air carriers and certain hours of ground school of general CRM RIN 2120±AC79 commercial operators. Those rules training in 1983. The NTSB implied that specify the qualification requirements of the accident might have been prevented Air Carrier and Commercial Operator crewmembers, flight and simulator had the flight crew received adequate Training Programs instructors, check airmen, aircraft CRM training. AGENCY: Federal Aviation dispatchers, and other operations After soliciting ideas from other Administration (FAA), DOT. personnel. The most detailed and government agencies and from the ACTION: Final rule. rigorous training and qualification aviation community, the FAA published requirements are those contained in a proposed Special Federal Aviation SUMMARY: This document amends the subparts N and O of part 121. Although Regulation (SFAR) and an training and qualification requirements subparts N and O have been amended accompanying draft advisory circular for certain air carriers and commercial a number of times in recent years, most (AC) in the Federal Register (54 FR operators by requiring certain certificate of the amendments concern the use of 7670, February 22, 1989). These holders operating under part 135, and simulators, training devices, or specific documents proposed a voluntary, permitting certain others, to comply training requirements such as security alternative method of complying with with part 121 training, checking, and and the transportation of hazardous the training requirements in current qualification requirements, and materials. No comprehensive changes regulations. The voluntary alternative mandating Crew Resource Management have been made to these subparts since training is called an ‘‘advanced (CRM) training requirements for part December 1969. qualification program’’ (AQP). After 121 and 135 operators. The FAA is The FAA’s most immediate concerns considering comments received, the amending these rules in order to make regarding the training and qualification FAA issued a final SFAR 58, Advanced certain part 135 training requirements as regulations in part 121 and part 135 are Qualification Program, and an comprehensive as part 121 requirements twofold. First, compared to part 121 accompanying Advisory Circular 120– and to incorporate recent knowledge training regulations, part 135 training 54 (55 FR 40262, October 2, 1990). This about human performance factors. The regulations do not provide a balanced voluntary program applies to certificate rule also allows certain part 135 mix of training and checking. Part 121 holders operating under part 121 or part certificate holders to take advantage of training and qualification regulations 135 that elect the alternative sophisticated aircraft simulator training require both recurrent training as well requirements of AQP. The alternative technologies presently available to part as recurrent flight checks. Although part requirement includes CRM training and 121 certificate holders. By increasing 135 requires flight training, flight checks evaluation, increased use of LOS, use of the training and qualification can be repeatedly substituted for training centers, and the evaluation of requirements for certain operators, the required training. Second, current parts flight training devices and flight rule is intended to reduce the risk of 121 and 135 training regulations do not simulators.