Title 14--Aeronautics and Space
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
SUBCHAPTER G--AIR CARRIERS, AIR TRAVEL CLUBS, AND OPERATORS FOR
COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE
Special Federal Aviation Regulation No. 38-2
Subpart A--General
Sec. 125.1 Applicability.
Sec. 125.3 Deviation authority.
Sec. 125.5 Operating certificate and operations specifications
required.
Sec. 125.7 Display of certificate.
Sec. 125.9 Definitions.
Sec. 125.11 Certificate eligibility and prohibited operations.
Subpart B--Certification Rules and Miscellaneous Requirements
Sec. 125.21 Application for operating certificate.
Sec. 125.23 Rules applicable to operations subject to this
part.
Sec. 125.25 Management personnel required.
Sec. 125.27 Issue of certificate.
Sec. 125.29 Duration of certificate.
Sec. 125.31 Contents of certificate and operations
specifications.
Sec. 125.33 Operations specifications not a part of
certificate.
Sec. 125.35 Amendment of operations specifications.
Sec. 125.37 Duty time limitations.
Sec. 125.39 Carriage of narcotic drugs, marihuana, and
depressant or stimulant drugs or substances.
Sec. 125.41 Availability of certificate and operations
specifications.
Sec. 125.43 Use of operations specifications.
Sec. 125.45 Inspection authority.
Sec. 125.47 Change of address.
Sec. 125.49 Airport requirements.
Sec. 125.51 En route navigational facilities.
Sec. 125.53 Flight locating requirements.
Subpart C--Manual Requirements
Sec. 125.71 Preparation.
Sec. 125.73 Contents.
Sec. 125.75 Airplane flight manual.
Subpart D--Airplane Requirements
Sec. 125.91 Airplane requirements: General.
Sec. 125.93 Airplane limitations.
Subpart E--Special Airworthiness Requirements
Sec. 125.111 General.
Sec. 125.113 Cabin interiors.
Sec. 125.115 Internal doors.
Sec. 125.117 Ventilation.
Sec. 125.119 Fire precautions.
Sec. 125.121 Proof of compliance with Sec. 125.119.
Sec. 125.123 Propeller deicing fluid.
Sec. 125.125 Pressure cross-feed arrangements.
Sec. 125.127 Location of fuel tanks.
Sec. 125.129 Fuel system lines and fittings.
Sec. 125.131 Fuel lines and fittings in designated fire zones.
Sec. 125.133 Fuel valves.
Sec. 125.135 Oil lines and fittings in designated fire zones.
Sec. 125.137 Oil valves.
Sec. 125.139 Oil system drains.
Sec. 125.141 Engine breather lines.
Sec. 125.143 Firewalls.
Sec. 125.145 Firewall construction.
Sec. 125.147 Cowling.
Sec. 125.149 Engine accessory section diaphragm.
Sec. 125.151 Powerplant fire protection.
Sec. 125.153 Flammable fluids.
Sec. 125.155 Shutoff means.
Sec. 125.157 Lines and fittings.
Sec. 125.159 Vent and drain lines.
Sec. 125.161 Fire-extinguishing systems.
Sec. 125.163 Fire-extinguishing agents.
Sec. 125.165 Extinguishing agent container pressure relief.
Sec. 125.167 Extinguishing agent container compartment
temperature.
Sec. 125.169 Fire-extinguishing system materials.
Sec. 125.171 Fire-detector systems.
Sec. 125.173 Fire detectors.
Sec. 125.175 Protection of other airplane components against
fire.
Sec. 125.177 Control of engine rotation.
Sec. 125.179 Fuel system independence.
Sec. 125.181 Induction system ice prevention.
Sec. 125.183 Carriage of cargo in passenger compartments.
Sec. 125.185 Carriage of cargo in cargo compartments.
Sec. 125.187 Landing gear: Aural warning device.
Sec. 125.189 Demonstration of emergency evacuation procedures.
Subpart F--Instrument and Equipment Requirements
Sec. 125.201 Inoperable instruments and equipment.
Sec. 125.203 Radio and navigational equipment.
Sec. 125.205 Equipment requirements: Airplanes under IFR.
Sec. 125.206 Pitot heat indication systems.
Sec. 125.207 Emergency equipment requirements.
Sec. 125.209 Emergency equipment: Extended overwater
operations.
Sec. 125.211 Seat and safety belts.
Sec. 125.213 Miscellaneous equipment.
Sec. 125.215 Operating information required.
Sec. 125.217 Passenger information.
Sec. 125.219 Oxygen for medical use by passengers.
Sec. 125.221 Icing conditions: Operating limitations.
Sec. 125.223 Airborne weather radar equipment requirements.
Sec. 125.224 Traffic Alert and Collision Avoidance System.
Sec. 125.225 Flight recorders.
Sec. 125.227 Cockpit voice recorders.
Subpart G--Maintenance
Sec. 125.241 Applicability.
Sec. 125.243 Certificate holder's responsibilities.
Sec. 125.245 Organization required to perform maintenance,
preventive maintenance, and alteration.
Sec. 125.247 Inspection programs and maintenance.
Sec. 125.249 Maintenance manual requirements.
Sec. 125.251 Required inspection personnel.
Subpart H--Airman and Crewmember Requirements
Sec. 125.261 Airman: Limitations on use of services.
Sec. 125.263 Composition of flightcrew.
Sec. 125.265 Flight engineer requirements.
Sec. 125.267 Flight navigator and long-range navigation
equipment.
Sec. 125.269 Flight attendants.
Sec. 125.271 Emergency and emergency evacuation duties.
Subpart I--Flight Crewmember Requirements
Sec. 125.281 Pilot-in-command qualifications.
Sec. 125.283 Second-in-command qualifications.
Sec. 125.285 Pilot qualifications: Recent experience.
Sec. 125.287 Initial and recurrent pilot testing requirements.
Sec. 125.289 Initial and recurrent flight attendant crewmember
testing requirements.
Sec. 125.291 Pilot in command: Instrument proficiency check
requirements.
Sec. 125.293 Crewmember: Tests and checks, grace provisions,
accepted standards.
Sec. 125.295 Check airman authorization: Application and issue.
Sec. 125.297 Approval of airplane simulators and other training
devices.
Subpart J--Flight Operations
Sec. 125.311 Flight crewmembers at controls.
Sec. 125.313 Manipulation of controls when carrying passengers.
Sec. 125.315 Admission to flight deck.
Sec. 125.317 Inspector's credentials: Admission to pilots'
compartment: Forward observer's seat.
Sec. 125.319 Emergencies.
Sec. 125.321 Reporting potentially hazardous meteorological
conditions and irregularities of ground and navigation
facilities.
Sec. 125.323 Reporting mechanical irregularities.
Sec. 125.325 Instrument approach procedures and IFR landing
minimums.
Sec. 125.327 Briefing of passengers before flight.
Sec. 125.329 Minimum altitudes for use of autopilot.
Sec. 125.331 Carriage of persons without compliance with the
passenger- carrying provisions of this part.
Sec. 125.333 Stowage of food, beverage, and passenger service
equipment during airplane movement on the surface, takeoff,
and landing.
Subpart K--Flight Release Rules
Sec. 125.351 Flight release authority.
Sec. 125.353 Facilities and services.
Sec. 125.355 Airplane equipment.
Sec. 125.357 Communication and navigation facilities.
Sec. 125.359 Flight release under VFR.
Sec. 125.361 Flight release under IFR or over-the-top.
Sec. 125.363 Flight release over water.
Sec. 125.365 Alternate airport for departure.
Sec. 125.367 Alternate airport for destination: IFR or over-
the-top.
Sec. 125.369 Alternate airport weather minimums.
Sec. 125.371 Continuing flight in unsafe conditions.
Sec. 125.373 Original flight release or amendment of flight
release.
Sec. 125.375 Fuel supply: Nonturbine and turbopropeller-powered
airplanes.
Sec. 125.377 Fuel supply: Turbine-engine-powered airplanes
other than turbo- propeller.
Sec. 125.379 Landing weather minimums: IFR.
Sec. 125.381 Takeoff and landing weather minimums: IFR.
Sec. 125.383 Load manifest.
Subpart L--Records and Reports
Sec. 125.401 Crewmember record.
Sec. 125.403 Flight release form.
Sec. 125.405 Disposition of load manifest, flight release, and
flight plans.
Sec. 125.407 Maintenance log: Airplanes.
Sec. 125.409 Reports of defects or unairworthy conditions.
Sec. 125.411 Airworthiness release or maintenance record entry.
Appendix A to Part 125--Additional Emergency Equipment
Appendix B to Part 125--Criteria for Demonstration of Emergency
Evacuation Procedures Under Sec. 125.189
Appendix C to Part 125--Ice Protection
Appendix D to Part 125--Airplane Flight Recorder Specification
Special Federal Aviation Regulation No. 38-2
Editorial Note: For the text of SFAR No. 38-2, see Part 121 of this
chapter.
Subpart A--General
Sec. 125.1 Applicability.
(a) Except as provided in paragraphs (b) and (c) of this section, this part
prescribes rules governing the operations of U.S.-registered civil airplanes
which have a seating configuration of 20 or more passengers, or a maximum
payload capacity of 6,000 pounds or more when common carriage is not
involved.
(b) The rules of this part do not apply to the operations of airplanes
specified in paragraph (a) of this section, when--
(1) They are required to be operated under Part 121, 129, 135, or 137 of
this chapter;
(2) They have been issued restricted, limited, or provisional airworthiness
certificates, special flight permits, or experimental certificates;
(3) They are being operated by a Part 125 certificate holder without
carrying passengers or cargo under Part 91 for training, ferrying,
positioning, or maintenance purposes;
(4) They are being operated under Part 91 by an operator certificated to
operate those airplanes under Part 121, 135, or 137 of this chapter or are
being operated by a foreign air carrier or a foreign person in common
carriage solely outside the United States under Part 91 of this chapter; or
(5) They are being operated under a deviation authority issued under Sec.
125.3 of this chapter.
(c) The rules of this part, except Sec. 125.247, do not apply to the
operation of airplanes specified in paragraph (a) when they are operated
outside the United States by a person who is not a citizen of the United
States.
(a) The Administrator may, upon consideration of the circumstances of a
particular operation, issue deviation authority providing relief from
specified sections of Part 125. This deviation authority will be issued as a
Letter of Deviation Authority.
(b) A Letter of Deviation Authority may be terminated or amended at any
time by the Administrator.
(c) A request for deviation authority must be submitted to the nearest
Flight Standards District Office, not less than 60 days prior to the date of
intended operations. A request for deviation authority must contain a
complete statement of the circumstances and justification for the deviation
requested.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-13, 54 FR
39294, Sept. 25, 1989]
Sec. 125.5 Operating certificate and operations specifications required.
(a) After February 3, 1981, no person may engage in operations governed by
this part unless that person holds a certificate and operations specification
or appropriate deviation authority.
(b) Applicants who file an application before June 1, 1981 shall continue
to operate under the rules applicable to their operations on February 2, 1981
until the application for an operating certificate required by this part has
been denied or the operating certificate and operations specifications
required by this part have been issued.
(c) The rules of this part which apply to a certificate holder also apply
to any person who engages in any operation governed by this part without an
appropriate certificate and operations specifications required by this part
or a Letter of Deviation Authority issued under Sec. 125.3.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-1A, 46 FR
10903, Feb. 5, 1981]
Sec. 125.7 Display of certificate.
(a) The certificate holder must display a true copy of the certificate in
each of its aircraft.
(b) Each operator holding a Letter of Deviation Authority issued under this
part must carry a true copy in each of its airplanes.
Sec. 125.9 Definitions.
(a) For the purposes of this part, "maximum payload capacity" means:
(1) For an airplane for which a maximum zero fuel weight is prescribed in
FAA technical specifications, the maximum zero fuel weight, less empty
weight, less all justifiable airplane equipment, and less the operating load
(consisting of minimum flightcrew, foods and beverages and supplies and
equipment related to foods and beverages, but not including disposable fuel
or oil):
(2) For all other airplanes, the maximum certificated takeoff weight of an
airplane, less the empty weight, less all justifiable airplane equipment, and
less the operating load (consisting of minimum fuel load, oil, and
flightcrew). The allowance for the weight of the crew, oil, and fuel is as
follows:
(i) Crew--200 pounds for each crewmember required under this chapter
(ii) Oil--350 pounds.
(iii) Fuel--the minimum weight of fuel required under this chapter for a
flight between domestic points 174 nautical miles apart under VFR weather
conditions that does not involve extended overwater operations.
(b) For the purposes of this part, "empty weight" means the weight of the
airframe, engines, propellers, and fixed equipment. Empty weight excludes the
weight of the crew and payload, but includes the weight of all fixed ballast,
unusable fuel supply, undrainable oil, total quantity of engine coolant, and
total quantity of hydraulic fluid.
(c) For the purposes of this part, "maximum zero fuel weight" means the
maximum permissible weight of an airplane with no disposable fuel or oil. The
zero fuel weight figure may be found in either the airplane type certificate
data sheet or the approved Airplane Flight Manual, or both.
(d) For the purposes of this section, "justifiable airplane equipment"
means any equipment necessary for the operation of the airplane. It does not
include equipment or ballast specifically installed, permanently or
otherwise, for the purpose of altering the empty weight of an airplane to
meet the maximum payload capacity.
Sec. 125.11 Certificate eligibility and prohibited operations.
(a) No person is eligible for a certificate or operations specifications
under this part if the person holds the appropriate operating certificate
and/or operations specifications necessary to conduct operations under Part
121, 129 or 135 of this chapter.
(b) No certificate holder may conduct any operation which results directly
or indirectly from any person's holding out to the public to furnish
transportation.
(c) No person holding operations specifications under this part may operate
or list on its operations specifications any aircraft listed on any
operations specifications or other required aircraft listing under Part 121,
129, or 135 of this chapter.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980 as amended by Amdt. 125-9, 52 FR
20028, May 28, 1987]
Subpart B--Certification Rules and Miscellaneous Requirements
Sec. 125.21 Application for operating certificate.
(a) Each applicant for the issuance of an operating certificate must submit
an application in a form and manner prescribed by the Administrator to the
FAA Flight Standards district office in whose area the applicant proposes to
establish or has established its principal operations base. The application
must be submitted at least 60 days before the date of intended operations.
(b) Each application submitted under paragraph (a) of this section must
contain a signed statement showing the following:
(1) The name and address of each director and each officer or person
employed or who will be employed in a management position described in Sec.
125.25.
(2) A list of flight crewmembers with the type of airman certificate held,
including ratings and certificate numbers.
Sec. 125.23 Rules applicable to operations subject to this part.
Each person operating an airplane in operations under this part shall--
(a) While operating inside the United States, comply with the applicable
rules in Part 91 of this chapter; and
(b) While operating outside the United States, comply with Annex 2, Rules
of the Air, to the Convention on International Civil Aviation or the
regulations of any foreign country, whichever applies, and with any rules of
Parts 61 and 91 of this chapter and this part that are more restrictive than
that Annex or those regulations and that can be complied with without
violating that Annex or those regulations. Annex 2 is incorporated by
reference in Sec. 91.703(b) of this chapter.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-12, 54 FR
34331, Aug. 18, 1989]
Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 125.23(b) was
amended by changing the cross reference "Sec. 91.1(c)" to read "Sec.
91.703(b)", effective August 18, 1990.
Sec. 125.25 Management personnel required.
(a) Each applicant for a certificate under this part must show that it has
enough management personnel, including at least a director of operations, to
assure that its operations are conducted in accordance with the requirements
of this part.
(b) Each applicant shall--
(1) Set forth the duties, responsibilities, and authority of each of its
management personnel in the general policy section of its manual;
(2) List in the manual the names and addresses of each of its management
personnel;
(3) Designate a person as responsible for the scheduling of inspections
required by the manual and for the updating of the approved weight and
balance system on all airplanes.
(c) Each certificate holder shall notify the FAA Flight Standards district
office charged with the overall inspection of the certificate holder of any
change made in the assignment of persons to the listed positions within 10
days, excluding Saturdays, Sundays, and Federal holidays, of such change.
Sec. 125.27 Issue of certificate.
(a) An applicant for a certificate under this subpart is entitled to a
certificate if the Administrator finds that the applicant is properly and
adequately equipped and able to conduct a safe operation in accordance with
the requirements of this part and the operations specifications provided for
in this part.
(b) The Administrator may deny an application for a certificate under this
subpart if the Administrator finds--
(1) That an operating certificate required under this part or Part 121,
123, or 135 of this chapter previously issued to the applicant was revoked;
or
(2) That a person who was employed in a management position under Sec.
125.25 of this part with (or has exercised control with respect to) any
certificate holder under Part 121, 123, 125, or 135 of this chapter whose
operating certificate has been revoked, will be employed in any of those
positions or a similar position with the applicant and that the person's
employment or control contributed materially to the reasons for revoking that
certificate.
Sec. 125.29 Duration of certificate.
(a) A certificate issued under this part is effective until surrendered,
suspended, or revoked.
(b) The Administrator may suspend or revoke a certificate under section 609
of the Federal Aviation Act of 1958 and the applicable procedures of Part 13
of this chapter for any cause that, at the time of suspension or revocation,
would have been grounds for denying an application for a certificate.
(c) If the Administrator suspends or revokes a certificate or it is
otherwise terminated, the holder of that certificate shall return it to the
Administrator.
Sec. 125.31 Contents of certificate and operations specifications.
(a) Each certificate issued under this part contains the following:
(1) The holder's name.
(2) A description of the operations authorized.
(3) The date it is issued.
(b) The operations specifications issued under this part contain the
following:
(1) The kinds of operations authorized.
(2) The types and registration numbers of airplanes authorized for use.
(3) Approval of the provisions of the operator's manual relating to
airplane inspections, together with necessary conditions and limitations.
(4) Registration numbers of airplanes that are to be inspected under an
approved airplane inspection program under Sec. 125.247.
(5) Procedures for control of weight and balance of airplanes.
(6) Any other item that the Administrator determines is necessary to cover
a particular situation.
Sec. 125.33 Operations specifications not a part of certificate.
Operations specifications are not a part of an operating certificate.
Sec. 125.35 Amendment of operations specifications.
(a) The FAA Flight Standards district office charged with the overall
inspection of the certificate holder may amend any operations specifications
issued under this part if--
(1) It determines that safety in air commerce requires that amendment; or
(2) Upon application by the holder, that district office determines that
safety in air commerce allows that amendment.
(b) The certificate holder must file an application to amend operations
specifications at least 15 days before the date proposed by the applicant for
the amendment to become effective, unless a shorter filing period is
approved. The application must be on a form and in a manner prescribed by the
Administrator and be submitted to the FAA Flight Standards district office
charged with the overall inspection of the certificate holder.
(c) Within 30 days after a notice of refusal to approve a holder's
application for amendment is received, the holder may petition the Director,
Flight Standards Service, to reconsider the refusal to amend.
(d) When the FAA Flight Standards district office charged with the overall
inspection of the certificate holder amends operations specifications, that
district office gives notice in writing to the holder of a proposed amendment
to the operations specifications, fixing a period of not less than 7 days
within which the holder may submit written information, views, and arguments
concerning the proposed amendment. After consideration of all relevant matter
presented, that district office notifies the holder of any amendment adopted,
or a rescission of the notice. That amendment becomes effective not less than
30 days after the holder receives notice of the adoption of the amendment,
unless the holder petitions the Director, Flight Standards Service, for
reconsideration of the amendment. In that case, the effective date of the
amendment is stayed pending a decision by the Director. If the Director finds
there is an emergency requiring immediate action as to safety in air commerce
that makes the provisions of this paragraph impracticable or contrary to the
public interest, the Director notifies the certificate holder that the
amendment is effective on the date of receipt, without previous notice.
[Doc. NO. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-13, 54 FR
39294, Sept. 25, 1989]
Sec. 125.37 Duty time limitations.
(a) Each flight crewmember must be relieved from all duty for at least 8
consecutive hours during any 24-hour period.
(b) The Administrator may specify rest, flight time, and duty time
limitations in the operations specifications that are other than those
specified in paragraph (a) of this section.
Sec. 125.39 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part permits any airplane
owned or leased by that holder to be engaged in any operation that the
certificate holder knows to be in violation of Sec. 91.19(a) of this chapter,
that operation is a basis for suspending or revoking the certificate.
[Docket No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-12, 54
FR 34331, Aug. 18, 1989]
Effective Date Note: At 54 FR 34331, August 18, 1989, Sec. 125.39 was
amended by changing the cross reference "Sec. 91.12(a)" to read "Sec.
91.19(a)", effective August 18, 1990.
Sec. 125.41 Availability of certificate and operations specifications.
Each certificate holder shall make its operating certificate and operations
specifications available for inspection by the Administrator at its principal
operations base.
Sec. 125.43 Use of operations specifications.
(a) Each certificate holder shall keep each of its employees informed of
the provisions of its operations specifications that apply to the employee's
duties and responsibilities.
(b) Each certificate holder shall maintain a complete and separate set of
its operations specifications. In addition, each certificate holder shall
insert pertinent excerpts of its operations specifications, or reference
thereto, in its manual in such a manner that they retain their identity as
operations specifications.
Sec. 125.45 Inspection authority.
Each certificate holder shall allow the Administrator, at any time or
place, to make any inspections or tests to determine its compliance with the
Federal Aviation Act of 1958, the Federal Aviation Regulations, its operating
certificate and operations specifications, its letter of deviation authority,
or its eligibililty to continue to hold its certificate or its letter of
deviation authority.
Sec. 125.47 Change of address.
Each certificate holder shall notify the FAA Flight Standards district
office charged with the overall inspection of its operations, in writing, at
least 30 days in advance, of any change in the address of its principal
business office, its principal operations base, or its principal maintenance
base.
Sec. 125.49 Airport requirements.
(a) No certificate holder may use any airport unless it is adequate for the
proposed operation, considering such items as size, surface, obstructions,
and lighting.
(b) No pilot of an airplane carrying passengers at night may take off from,
or land on, an airport unless--
(1) That pilot has determined the wind direction from an illuminated wind
direction indicator or local ground communications, or, in the case of
takeoff, that pilot's personal observations; and
(2) The limits of the area to be used for landing or takeoff are clearly
shown by boundary or runway marker lights.
(c) For the purposes of paragraph (b) of this section, if the area to be
used for takeoff or landing is marked by flare pots or lanterns, their use
must be approved by the Administrator.
Sec. 125.51 En route navigational facilities.
(a) Except as provided in paragraph (b) of this section, no certificate
holder may conduct any operation over a route unless nonvisual ground aids
are--
(1) Available over the route for navigating airplanes within the degree of
accuracy required for ATC; and
(2) Located to allow navigation to any airport of destination, or alternate
airport, within the degree of accuracy necessary for the operation involved.
(b) Nonvisual ground aids are not required for--
(1) Day VFR operations that can be conducted safely by pilotage because of
the characteristics of the terrain;
(2) Night VFR operations on routes that the Administrator determines have
reliable landmarks adequate for safe operation; or
(3) Operations where the use of celestial or other specialized means of
navigation, such as an inertial navigation system, is approved.
Sec. 125.53 Flight locating requirements.
(a) Each certificate holder must have procedures established for locating
each flight for which an FAA flight plan is not filed that--
(1) Provide the certificate holder with at least the information required
to be included in a VFR flight plan;
(2) Provide for timely notification of an FAA facility or search and rescue
facility, if an airplane is overdue or missing; and
(3) Provide the certificate holder with the location, date, and estimated
time for reestablishing radio or telephone communications, if the flight will
operate in an area where communications cannot be maintained.
(b) Flight locating information shall be retained at the certificate
holder's principal operations base, or at other places designated by the
certificate holder in the flight locating procedures, until the completion of
the flight.
(c) Each certificate holder shall furnish the representative of the
Administrator assigned to it with a copy of its flight locating procedures
and any changes or additions, unless those procedures are included in a
manual required under this part.
Subpart C--Manual Requirements
Sec. 125.71 Preparation.
(a) Each certificate holder shall prepare and keep current a manual setting
forth the certificate holder's procedures and policies acceptable to the
Administrator. This manual must be used by the certificate holder's flight,
ground, and maintenance personnel in conducting its operations. However, the
Administrator may authorize a deviation from this paragraph if the
Administrator finds that, because of the limited size of the operation, all
or part of the manual is not necessary for guidance of flight, ground, or
maintenance personnel.
(b) Each certificate holder shall maintain at least one copy of the manual
at its principal operations base.
(c) The manual must not be contrary to any applicable Federal regulations,
foreign regulation applicable to the certificate holder's operations in
foreign countries, or the certificate holder's operating certificate or
operations specifications.
(d) A copy of the manual, or appropriate portions of the manual (and
changes and additions) shall be made available to maintenance and ground
operations personnel by the certificate holder and furnished to--
(1) Its flight crewmembers; and
(2) The FAA Flight Standards district office charged with the overall
inspection of its operations.
(e) Each employee of the certificate holder to whom a manual or appropriate
portions of it are furnished under paragraph (d)(1) of this section shall
keep it up to date with the changes and additions furnished to them.
(f) Except as provided in paragraph (g) of this section, each certificate
holder shall carry appropriate parts of the manual in each airplane when away
from the principal operations base. The appropriate parts must be available
for use by ground or flight personnel. If a certificate holder carries aboard
an airplane all or any portion of the maintenance part of its manual in
microfilm, it must also carry a reading device that provides a legible
facsimile image of the microfilmed maintenance information and instructions.
(g) If a certificate holder conducts airplane inspections or maintenance at
specified stations where it keeps the approved inspection program manual, it
is not required to carry the manual aboard the airplane en route to those
stations.
Sec. 125.73 Contents.
Each manual shall have the date of the last revision and revision number on
each revised page. The manual must include--
(a) The name of each management person who is authorized to act for the
certificate holder, the person's assigned area of responsibility, and the
person's duties, responsibilities, and authority;
(b) Procedures for ensuring compliance with airplane weight and balance
limitations;
(c) Copies of the certificate holder's operations specifications or
appropriate extracted information, including area of operations authorized,
category and class of airplane authorized, crew complements, and types of
operations authorized;
(d) Procedures for complying with accident notification requirements;
(e) Procedures for ensuring that the pilot in command knows that required
airworthiness inspections have been made and that the airplane has been
approved for return to service in compliance with applicable maintenance
requirements;
(f) Procedures for reporting and recording mechanical irregularities that
come to the attention of the pilot in command before, during, and after
completion of a flight;
(g) Procedures to be followed by the pilot in command for determining that
mechanical irregularities or defects reported for previous flights have been
corrected or that correction has been deferred;
(h) Procedures to be followed by the pilot in command to obtain
maintenance, preventive maintenance, and servicing of the airplane at a place
where previous arrangements have not been made by the operator, when the
pilot is authorized to so act for the operator;
(i) Procedures for the release for, or continuation of, flight if any item
of equipment required for the particular type of operation becomes
inoperative or unserviceable en route;
(j) Procedures for refueling airplanes, eliminating fuel contamination,
protecting from fire (including electrostatic protection), and supervising
and protecting passengers during refueling;
(k) Procedures to be followed by the pilot in command in the briefing under
Sec. 125.327;
(l) Flight locating procedures, when applicable;
(m) Procedures for ensuring compliance with emergency procedures, including
a list of the functions assigned each category of required crewmembers in
connection with an emergency and emergency evacuation;
(n) The approved airplane inspection program;
(o) Procedures and instructions to enable personnel to recognize hazardous
materials, as defined in Title 49 CFR, and if these materials are to be
carried, stored, or handled, procedures and instructions for--
(1) Accepting shipment of hazardous material required by Title 49 CFR, to
assure proper packaging, marking, labeling, shipping documents, compatibility
of articles, and instructions on their loading, storage, and handling;
(2) Notification and reporting hazardous material incidents as required by
Title 49 CFR; and
(3) Notification of the pilot in command when there are hazardous materials
aboard, as required by Title 49 CFR;
(p) Procedures for the evacuation of persons who may need the assistance of
another person to move expeditiously to an exit if an emergency occurs;
(q) The identity of each person who will administer tests required by this
part, including the designation of the tests authorized to be given by the
person; and
(r) Other procedures and policy instructions regarding the certificate
holder's operations that are issued by the certificate holder.
Sec. 125.75 Airplane flight manual.
(a) Each certificate holder shall keep a current approved Airplane Flight
Manual or approved equivalent for each type airplane that it operates.
(b) Each certificate holder shall carry the approved Airplane Flight Manual
or the approved equivalent aboard each airplane it operates. A certificate
holder may elect to carry a combination of the manuals required by this
section and Sec. 125.71. If it so elects, the certificate holder may revise
the operating procedures sections and modify the presentation of performance
from the applicable Airplane Flight Manual if the revised operating
procedures and modified performance data presentation are approved by the
Administrator.
Subpart D--Airplane Requirements
Sec. 125.91 Airplane requirements: General.
(a) No certificate holder may operate an airplane governed by this part
unless it--
(1) Carries an appropriate current airworthiness certificate issued under
this chapter; and
(2) Is in an airworthy condition and meets the applicable airworthiness
requirements of this chapter, including those relating to identification and
equipment.
(b) No person may operate an airplane unless the current empty weight and
center of gravity are calculated from the values established by actual
weighing of the airplane within the preceding 36 calendar months.
(c) Paragraph (b) of this section does not apply to airplanes issued an
original airworthiness certificate within the preceding 36 calendar months.
Sec. 125.93 Airplane limitations.
No certificate holder may operate a land airplane (other than a DC-3, C-46,
CV-240, CV-340, CV-440, CV-580, CV-600, CV-640, or Martin 404) in an extended
overwater operation unless it is certificated or approved as adequate for
ditching under the ditching provisions of Part 25 of this chapter.
Subpart E--Special Airworthiness Requirements
Sec. 125.111 General.
(a) Except as provided in paragraph (b) of this section, no certificate
holder may use an airplane powered by airplane engines rated at more than 600
horsepower each for maximum continuous operation unless that airplane meets
the requirements of Secs. 125.113 through 125.181.
(b) If the Administrator determines that, for a particular model of
airplane used in cargo service, literal compliance with any requirement under
paragraph (a) of this section would be extremely difficult and that
compliance would not contribute materially to the objective sought, the
Administrator may require compliance with only those requirements that are
necessary to accomplish the basic objectives of this part.
(c) This section does not apply to any airplane certificated under--
(1) Part 4b of the Civil Air Regulations in effect after October 31, 1946;
(2) Part 25 of this chapter; or
(3) Special Civil Air Regulation 422, 422A, or 422B.
Sec. 125.113 Cabin interiors.
(a) Upon the first major overhaul of an airplane cabin or refurbishing of
the cabin interior, all materials in each compartment used by the crew or
passengers that do not meet the following requirements must be replaced with
materials that meet these requirements:
(1) For an airplane for which the application for the type certificate was
filed prior to May 1, 1972, Sec. 25.853 in effect on April 30, 1972.
(2) For an airplane for which the application for the type certificate was
filed on or after May 1, 1972, the materials requirement under which the
airplane was type certificated.
(b) Except as provided in paragraph (a) of this section, each compartment
used by the crew or passengers must meet the following requirements:
(1) Materials must be at least flash resistant.
(2) The wall and ceiling linings and the covering of upholstering, floors,
and furnishings must be flame resistant.
(3) Each compartment where smoking is to be allowed must be equipped with
self-contained ash trays that are completely removable and other compartments
must be placarded against smoking.
(4) Each receptacle for used towels, papers, and wastes must be of fire-
resistant material and must have a cover or other means of containing
possible fires started in the receptacles.
Sec. 125.115 Internal doors.
In any case where internal doors are equipped with louvres or other
ventilating means, there must be a means convenient to the crew for closing
the flow of air through the door when necessary.
Sec. 125.117 Ventilation.
Each passenger or crew compartment must be suitably ventilated. Carbon
monoxide concentration may not be more than one part in 20,000 parts of air,
and fuel fumes may not be present. In any case where partitions between
compartments have louvres or other means allowing air to flow between
compartments, there must be a means convenient to the crew for closing the
flow of air through the partitions when necessary.
Sec. 125.119 Fire precautions.
(a) Each compartment must be designed so that, when used for storing cargo
or baggage, it meets the following requirements:
(1) No compartment may include controls, wiring, lines, equipment, or
accessories that would upon damage or failure, affect the safe operation of
the airplane unless the item is adequately shielded, isolated, or otherwise
protected so that it cannot be damaged by movement of cargo in the
compartment and so that damage to or failure of the item would not create a
fire hazard in the compartment.
(2) Cargo or baggage may not interfere with the functioning of the fire-
protective features of the compartment.
(3) Materials used in the construction of the compartments, including tie-
down equipment, must be at least flame resistant.
(4) Each compartment must include provisions for safeguarding against fires
according to the classifications set forth in paragraphs (b) through (f) of
this section.
(b) Class A. Cargo and baggage compartments are classified in the "A"
category if a fire therein would be readily discernible to a member of the
crew while at that crewmember's station, and all parts of the compartment are
easily accessible in flight. There must be a hand fire extinguisher available
for each Class A compartment.
(c) Class B. Cargo and baggage compartments are classified in the "B"
category if enough access is provided while in flight to enable a member of
the crew to effectively reach all of the compartment and its contents with a
hand fire extinguisher and the compartment is so designed that, when the
access provisions are being used, no hazardous amount of smoke, flames, or
extinguishing agent enters any compartment occupied by the crew or
passengers. Each Class B compartment must comply with the following:
(1) It must have a separate approved smoke or fire detector system to give
warning at the pilot or flight engineer station.
(2) There must be a hand-held fire extinguisher available for the
compartment.
(3) It must be lined with fire-resistant material, except that additional
service lining of flame-resistant material may be used.
(d) Class C. Cargo and baggage compartments are classified in the "C"
category if they do not conform with the requirements for the "A", "B", "D",
or "E" categories. Each Class C compartment must comply with the following:
(1) It must have a separate approved smoke or fire detector system to give
warning at the pilot or flight engineer station.
(2) It must have an approved built-in fire-extinguishing system controlled
from the pilot or flight engineer station.
(3) It must be designed to exclude hazardous quantities of smoke, flames,
or extinguishing agents from entering into any compartment occupied by the
crew or passengers.
(4) It must have ventilation and draft control so that the extinguishing
agent provided can control any fire that may start in the compartment.
(5) It must be lined with fire-resistant material, except that additional
service lining of flame-resistant material may be used.
(e) Class D. Cargo and baggage compartments are classified in the "D"
category if they are so designed and constructed that a fire occurring
therein will be completely confined without endangering the safety of the
airplane or the occupants. Each Class D compartment must comply with the
following:
(1) It must have a means to exclude hazardous quantities of smoke, flames,
or noxious gases from entering any compartment occupied by the crew or
passengers.
(2) Ventilation and drafts must be controlled within each compartment so
that any fire likely to occur in the compartment will not progress beyond
safe limits.
(3) It must be completely lined with fire-resistant material.
(4) Consideration must be given to the effect of heat within the
compartment on adjacent critical parts of the airplane.
(f) Class E. On airplanes used for the carriage of cargo only, the cabin
area may be classified as a Class "E" compartment. Each Class E compartment
must comply with the following:
(1) It must be completely lined with fire-resistant material.
(2) It must have a separate system of an approved type smoke or fire
detector to give warning at the pilot or flight engineer station.
(3) It must have a means to shut off the ventilating air flow to or within
the compartment and the controls for that means must be accessible to the
flightcrew in the crew compartment.
(4) It must have a means to exclude hazardous quantities of smoke, flames,
or noxious gases from entering the flightcrew compartment.
(5) Required crew emergency exits must be accessible under all cargo
loading conditions.
Sec. 125.121 Proof of compliance with Sec. 125.119.
Compliance with those provisions of Sec. 125.119 that refer to compartment
accessibility, the entry of hazardous quantities of smoke or extinguishing
agent into compartment occupied by the crew or passengers, and the
dissipation of the extinguishing agent in Class "C" compartments must be
shown by tests in flight. During these tests it must be shown that no
inadvertent operation of smoke or fire detectors in other compartments within
the airplane would occur as a result of fire contained in any one
compartment, either during the time it is being extinguished, or thereafter,
unless the extinguishing system floods those compartments simultaneously.
Sec. 125.123 Propeller deicing fluid.
If combustible fluid is used for propeller deicing, the certificate holder
must comply with Sec. 125.153.
Sec. 125.125 Pressure cross-feed arrangements.
(a) Pressure cross-feed lines may not pass through parts of the airplane
used for carrying persons or cargo unless there is a means to allow
crewmembers to shut off the supply of fuel to these lines or the lines are
enclosed in a fuel and fume-proof enclosure that is ventilated and drained to
the exterior of the airplane. However, such an enclosure need not be used if
those lines incorporate no fittings on or within the personnel or cargo areas
and are suitably routed or protected to prevent accidental damage.
(b) Lines that can be isolated from the rest of the fuel system by valves
at each end must incorporate provisions for relieving excessive pressures
that may result from exposure of the isolated line to high temperatures.
Sec. 125.127 Location of fuel tanks.
(a) Fuel tanks must be located in accordance with Sec. 125.153.
(b) No part of the engine nacelle skin that lies immediately behind a major
air outlet from the engine compartment may be used as the wall of an integral
tank.
(c) Fuel tanks must be isolated from personnel compartments by means of
fume- and fuel-proof enclosures.
Sec. 125.129 Fuel system lines and fittings.
(a) Fuel lines must be installed and supported so as to prevent excessive
vibration and so as to be adequate to withstand loads due to fuel pressure
and accelerated flight conditions.
(b) Lines connected to components of the airplane between which there may
be relative motion must incorporate provisions for flexibility.
(c) Flexible connections in lines that may be under pressure and subject to
axial loading must use flexible hose assemblies rather than hose clamp
connections.
(d) Flexible hoses must be of an acceptable type or proven suitable for the
particular application.
Sec. 125.131 Fuel lines and fittings in designated fire zones.
Fuel lines and fittings in each designated fire zone must comply with Sec.
125.157.
Sec. 125.133 Fuel valves.
Each fuel valve must--
(a) Comply with Sec. 125.155;
(b) Have positive stops or suitable index provisions in the "on" and "off"
positions; and
(c) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines connected to
the valve.
Sec. 125.135 Oil lines and fittings in designated fire zones.
Oil lines and fittings in each designated fire zone must comply with Sec.
125.157.
Sec. 125.137 Oil valves.
(a) Each oil valve must--
(1) Comply with Sec. 125.155;
(2) Have positive stops or suitable index provisions in the "on" and "off"
positions; and
(3) Be supported so that loads resulting from its operation or from
accelerated flight conditions are not transmitted to the lines attached to
the valve.
(b) The closing of an oil shutoff means must not prevent feathering the
propeller, unless equivalent safety provisions are incorporated.
Sec. 125.139 Oil system drains.
Accessible drains incorporating either a manual or automatic means for
positive locking in the closed position must be provided to allow safe
drainage of the entire oil system.
Sec. 125.141 Engine breather lines.
(a) Engine breather lines must be so arranged that condensed water vapor
that may freeze and obstruct the line cannot accumulate at any point.
(b) Engine breathers must discharge in a location that does not constitute
a fire hazard in case foaming occurs and so that oil emitted from the line
does not impinge upon the pilots' windshield.
(c) Engine breathers may not discharge into the engine air induction
system.
Sec. 125.143 Firewalls.
Each engine, auxiliary power unit, fuel-burning heater, or other item of
combusting equipment that is intended for operation in flight must be
isolated from the rest of the airplane by means of firewalls or shrouds, or
by other equivalent means.
Sec. 125.145 Firewall construction.
Each firewall and shroud must--
(a) Be so made that no hazardous quantity of air, fluids, or flame can pass
from the engine compartment to other parts of the airplane;
(b) Have all openings in the firewall or shroud sealed with close-fitting
fireproof grommets, bushings, or firewall fittings;
(c) Be made of fireproof material; and
(d) Be protected against corrosion.
Sec. 125.147 Cowling.
(a) Cowling must be made and supported so as to resist the vibration,
inertia, and air loads to which it may be normally subjected.
(b) Provisions must be made to allow rapid and complete drainage of the
cowling in normal ground and flight attitudes. Drains must not discharge in
locations constituting a fire hazard. Parts of the cowling that are subjected
to high temperatures because they are near exhaust system parts or because of
exhaust gas impingement must be made of fireproof material. Unless otherwise
specified in these regulations, all other parts of the cowling must be made
of material that is at least fire resistant.
Sec. 125.149 Engine accessory section diaphragm.
Unless equivalent protection can be shown by other means, a diaphragm that
complies with Sec. 125.145 must be provided on air-cooled engines to isolate
the engine power section and all parts of the exhaust system from the engine
accessory compartment.
Sec. 125.151 Powerplant fire protection.
(a) Designated fire zones must be protected from fire by compliance with
Secs. 125.153 through 125.159.
(b) Designated fire zones are--
(1) Engine accessory sections;
(2) Installations where no isolation is provided between the engine and
accessory compartment; and
(3) Areas that contain auxiliary power units, fuel-burning heaters, and
other combustion equipment.
Sec. 125.153 Flammable fluids.
(a) No tanks or reservoirs that are a part of a system containing flammable
fluids or gases may be located in designated fire zones, except where the
fluid contained, the design of the system, the materials used in the tank,
the shutoff means, and the connections, lines, and controls provide
equivalent safety.
(b) At least one-half inch of clear airspace must be provided between any
tank or reservior and a firewall or shroud isolating a designated fire zone.
Sec. 125.155 Shutoff means.
(a) Each engine must have a means for shutting off or otherwise preventing
hazardous amounts of fuel, oil, deicer, and other flammable fluids from
flowing into, within, or through any designated fire zone. However, means
need not be provided to shut off flow in lines that are an integral part of
an engine.
(b) The shutoff means must allow an emergency operating sequence that is
compatible with the emergency operation of other equipment, such as
feathering the propeller, to facilitate rapid and effective control of fires.
(c) Shutoff means must be located outside of designated fire zones, unless
equivalent safety is provided, and it must be shown that no hazardous amount
of flammable fluid will drain into any designated fire zone after a shutoff.
(d) Adequate provisions must be made to guard against inadvertent operation
of the shutoff means and to make it possible for the crew to reopen the
shutoff means after it has been closed.
Sec. 125.157 Lines and fittings.
(a) Each line, and its fittings, that is located in a designated fire zone,
if it carries flammable fluids or gases under pressure, or is attached
directly to the engine, or is subject to relative motion between components
(except lines and fittings forming an integral part of the engine), must be
flexible and fire-resistant with fire-resistant, factory-fixed, detachable,
or other approved fire-resistant ends.
(b) Lines and fittings that are not subject to pressure or to relative
motion between components must be of fire-resistant materials.
Sec. 125.159 Vent and drain lines.
All vent and drain lines, and their fittings, that are located in a
designated fire zone must, if they carry flammable fluids or gases, comply
with Sec. 125.157, if the Administrator finds that the rupture or breakage of
any vent or drain line may result in a fire hazard.
Sec. 125.161 Fire-extinguishing systems.
(a) Unless the certificate holder shows that equivalent protection against
destruction of the airplane in case of fire is provided by the use of
fireproof materials in the nacelle and other components that would be
subjected to flame, fire-extinguishing systems must be provided to serve all
designated fire zones.
(b) Materials in the fire-extinguishing system must not react chemically
with the extinguishing agent so as to be a hazard.
Sec. 125.163 Fire-extinguishing agents.
Only methyl bromide, carbon dioxide, or another agent that has been shown
to provide equivalent extinguishing action may be used as a fire-
extinguishing agent. If methyl bromide or any other toxic extinguishing agent
is used, provisions must be made to prevent harmful concentrations of fluid
or fluid vapors from entering any personnel compartment either because of
leakage during normal operation of the airplane or because of discharging the
fire extinguisher on the ground or in flight when there is a defect in the
extinguishing system. If a methyl bromide system is used, the containers must
be charged with dry agent and sealed by the fire-extinguisher manufacturer or
some other person using satisfactory recharging equipment. If carbon dioxide
is used, it must not be possible to discharge enough gas into the personnel
compartments to create a danger of suffocating the occupants.
Sec. 125.165 Extinguishing agent container pressure relief.
Extinguishing agent containers must be provided with a pressure relief to
prevent bursting of the container because of excessive internal pressures.
The discharge line from the relief connection must terminate outside the
airplane in a place convenient for inspection on the ground. An indicator
must be provided at the discharge end of the line to provide a visual
indication when the container has discharged.
Sec. 125.167 Extinguishing agent container compartment temperature.
Precautions must be taken to ensure that the extinguishing agent containers
are installed in places where reasonable temperatures can be maintained for
effective use of the extinguishing system.
Sec. 125.169 Fire-extinguishing system materials.
(a) Except as provided in paragraph (b) of this section, each component of
a fire-extinguishing system that is in a designated fire zone must be made of
fireproof materials.
(b) Connections that are subject to relative motion between components of
the airplane must be made of flexible materials that are at least fire-
resistant and be located so as to minimize the probability of failure.
Sec. 125.171 Fire-detector systems.
Enough quick-acting fire detectors must be provided in each designated fire
zone to assure the detection of any fire that may occur in that zone.
Sec. 125.173 Fire detectors.
Fire detectors must be made and installed in a manner that assures their
ability to resist, without failure, all vibration, inertia, and other loads
to which they may be normally subjected. Fire detectors must be unaffected by
exposure to fumes, oil, water, or other fluids that may be present.
Sec. 125.175 Protection of other airplane components against fire.
(a) Except as provided in paragraph (b) of this section, all airplane
surfaces aft of the nacelles in the area of one nacelle diameter on both
sides of the nacelle centerline must be made of material that is at least
fire resistant.
(b) Paragraph (a) of this section does not apply to tail surfaces lying
behind nacelles unless the dimensional configuration of the airplane is such
that the tail surfaces could be affected readily by heat, flames, or sparks
emanating from a designated fire zone or from the engine from a designated
fire zone or from the engine compartment of any nacelle.
Sec. 125.177 Control of engine rotation.
(a) Except as provided in paragraph (b) of this section, each airplane must
have a means of individually stopping and restarting the rotation of any
engine in flight.
(b) In the case of turbine engine installations, a means of stopping
rotation need be provided only if the Administrator finds that rotation could
jeopardize the safety of the airplane.
Sec. 125.179 Fuel system independence.
(a) Each airplane fuel system must be arranged so that the failure of any
one component does not result in the irrecoverable loss of power of more than
one engine.
(b) A separate fuel tank need not be provided for each engine if the
certificate holder shows that the fuel system incorporates features that
provide equivalent safety.
Sec. 125.181 Induction system ice prevention.
A means for preventing the malfunctioning of each engine due to ice
accumulation in the engine air induction system must be provided for each
airplane.
Sec. 125.183 Carriage of cargo in passenger compartments.
(a) Except as provided in paragraph (b) or (c) of this section, no
certificate holder may carry cargo in the passenger compartment of an
airplane.
(b) Cargo may be carried aft of the foremost seated passengers if it is
carried in an approved cargo bin that meets the following requirements:
(1) The bin must withstand the load factors and emergency landing
conditions applicable to the passenger seats of the airplane in which the bin
is installed, multiplied by a factor of 1.15, using the combined weight of
the bin and the maximum weight of cargo that may be carried in the bin.
(2) The maximum weight of cargo that the bin is approved to carry and any
instructions necessary to ensure proper weight distribution within the bin
must be conspicuously marked on the bin.
(3) The bin may not impose any load on the floor or other structure of the
airplane that exceeds the load limitations of that structure.
(4) The bin must be attached to the seat tracks or to the floor structure
of the airplane, and its attachment must withstand the load factors and
emergency landing conditions applicable to the passenger seats of the
airplane in which the bin is installed, multiplied by either the factor 1.15
or the seat attachment factor specified for the airplane, whichever is
greater, using the combined weight of the bin and the maximum weight of cargo
that may be carried in the bin.
(5) The bin may not be installed in a position that restricts access to or
use of any required emergency exit, or of the aisle in the passenger
compartment.
(6) The bin must be fully enclosed and made of material that is at least
flame-resistant.
(7) Suitable safeguards must be provided within the bin to prevent the
cargo from shifting under emergency landing conditions.
(8) The bin may not be installed in a position that obscures any
passenger's view of the "seat belt" sign, "no smoking" sign, or any required
exit sign, unless an auxiliary sign or other approved means for proper
notification of the passenger is provided.
(c) All cargo may be carried forward of the foremost seated passengers and
carry-on baggage may be carried alongside the foremost seated passengers if
the cargo (including carry-on baggage) is carried either in approved bins as
specified in paragraph (b) of this section or in accordance with the
following:
(1) It is properly secured by a safety belt or other tie down having enough
strength to eliminate the possibility of shifting under all normally
anticipated flight and ground conditions.
(2) It is packaged or covered in a manner to avoid possible injury to
passengers.
(3) It does not impose any load on seats or the floor structure that
exceeds the load limitation for those components.
(4) Its location does not restrict access to or use of any required
emergency or regular exit, or of the aisle in the passenger compartment.
(5) Its location does not obscure any passenger's view of the "seat belt"
sign, "no smoking" sign, or required exit sign, unless an auxiliary sign or
other approved means for proper notification of the passenger is provided.
Sec. 125.185 Carriage of cargo in cargo compartments.
When cargo is carried in cargo compartments that are designed to require
the physical entry of a crewmember to extinguish any fire that may occur
during flight, the cargo must be loaded so as to allow a crewmember to
effectively reach all parts of the compartment with the contents of a hand-
held fire extinguisher.
Sec. 125.187 Landing gear: Aural warning device.
(a) Except for airplanes that comply with the requirements of Sec. 25.729
of this chapter on or after January 6, 1992, each airplane must have a
landing gear aural warning device that functions continuously under the
following conditions:
(1) For airplanes with an established approach wing-flap position, whenever
the wing flaps are extended beyond the maximum certificated approach climb
configuration position in the Airplane Flight Manual and the landing gear is
not fully extended and locked.
(2) For airplanes without an established approach climb wing-flap position,
whenever the wing flaps are extended beyond the position at which landing
gear extension is normally performed and the landing gear is not fully
extended and locked.
(b) The warning system required by paragraph (a) of this section--
(1) May not have a manual shutoff;
(2) Must be in addition to the throttle-actuated device installed under the
type certification airworthiness requirements; and
(3) May utilize any part of the throttle-actuated system including the
aural warning device.
(c) The flap position sensing unit may be installed at any suitable place
in the airplane.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-16, 56
FR 63762, Dec. 5, 1991]
SUMMARY: These amendments to the Federal Aviation Regulations (FAR) update
the airworthiness standards for landing gear aural warning systems in
transport category airplanes to reflect current design practices. They
require that if a landing is attempted when the landing gear is not locked
down, the flightcrew must be given an aural warning in sufficient time to
allow the landing gear to be locked down or a go-around to be made. These
amendments state the intent of the current regulations in more objective
terms to eliminate nuisance warnings and to simplify the certification
process.
Sec. 125.189 Demonstration of emergency evacuation procedures.
(a) Each certificate holder must show, by actual demonstration conducted in
accordance with paragraph (a) of Appendix B of this part, that the emergency
evacuation procedures for each type and model of airplane with a seating of
more than 44 passengers, that is used in its passenger-carrying operations,
allow the evacuation of the full seating capacity, including crewmembers, in
90 seconds or less, in each of the following circumstances:
(1) A demonstration must be conducted by the certificate holder upon the
initial introduction of a type and model of airplane into passenger-carrying
operations. However, the demonstration need not be repeated for any airplane
type or model that has the same number and type of exits, the same cabin
configuration, and the same emergency equipment as any other airplane used by
the certificate holder in successfully demonstrating emergency evacuation in
compliance with this paragraph.
(2) A demonstration must be conducted--
(i) Upon increasing by more than 5 percent the passenger seating capacity
for which successful demonstration has been conducted; or
(ii) Upon a major change in the passenger cabin interior configuration that
will affect the emergency evacuation of passengers.
(b) If a certificate holder has conducted a successful demonstration
required by Sec. 121.291(a) in the same type airplane as a Part 121 or Part
123 certificate holder, it need not conduct a demonstration under this
paragraph in that type airplane to achieve certification under Part 125.
(c) Each certificate holder operating or proposing to operate one or more
landplanes in extended overwater operations, or otherwise required to have
certain equipment under Sec. 125.209, must show, by a simulated ditching
conducted in accordance with paragraph (b) of Appendix B of this part, that
it has the ability to efficiently carry out its ditching procedures.
(d) If a certificate holder has conducted a successful demonstration
required by Sec. 121.291(b) in the same type airplane as a Part 121 or Part
123 certificate holder, it need not conduct a demonstration under this
paragraph in that type airplane to achieve certification under Part 125.
Subpart F--Instrument and Equipment Requirements
Sec. 125.201 Inoperable instruments and equipment.
(a) No person may take off an airplane with inoperable instruments or
equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that airplane.
(2) The Flight Standards District Office having certification
responsibility has issued the certificate holder operations specifications
authorizing operations in accordance with an approved Minimum Equipment List.
The flight crew shall have direct access at all times prior to flight to all
of the information contained in the approved Minimum Equipment List through
printed or other means approved by the Administrator in the certificate
holders operations specifications. An approved Minimum Equipment List, as
authorized by the operations specifications, constitutes an approved change
to the type design without requiring recertification.
(3) The approved Minimum Equipment List must:
(i) Be prepared in accordance with the limitations specified in paragraph
(b) of this section.
(ii) Provide for the operation of the airplane with certain instruments and
equipment in an inoperable condition.
(4) Records identifying the inoperable instruments and equipment and the
information required by paragraph (a)(3)(ii) of this section must be
available to the pilot.
(5) The airplane is operated under all applicable conditions and
limitations contained in the Minimum Equipment List and the operations
specifications authorizing use of the Minimum Equipment List.
(b) The following instruments and equipment may not be included in the
Minimum Equipment List:
(1) Instruments and equipment that are either specifically or otherwise
required by the airworthiness requirements under which the airplane is type
certificated and which are essential for safe operations under all operating
conditions.
(2) Instruments and equipment required by an airworthiness directive to be
in operable condition unless the airworthiness directive provides otherwise.
(3) Instruments and equipment required for specific operations by this
part.
(c) Notwithstanding paragraphs (b)(1) and (b)(3) of this section, an
airplane with inoperable instruments or equipment may be operated under a
special flight permit under Secs. 21.197 and 21.199 of this chapter.
SUMMARY: This amendment provides for the development and use of Minimum
Equipment Lists (MEL) for certain single-engine air carrier aircraft. In
addition, this amendment revises the requirements for the use of an MEL to
make them consistent throughout the regulations. This action is needed to
provide for the implementation of MEL authorizations through the issuance of
operations specifications. The changes streamline administrative procedures
and provide greater consistency in the MEL authorization process.
(a) No person may operate an airplane unless it has two-way radio
communications equipment able, at least in flight, to transmit to, and
receive from, ground facilities 25 miles away.
(b) No person may operate an airplane over-the-top unless it has radio
navigational equipment able to receive radio signals from the ground
facilities to be used.
(c) No person may operate an airplane carrying passengers under IFR or in
extended overwater operations unless it has at least the following radio
communication and navigational equipment appropriate to the facilities to be
used which are capable of transmitting to, and receiving from, at any place
on the route to be flown, at least one ground facility:
(1) Two transmitters, (2) two microphones, (3) two headsets or one headset
and one speaker (4) a marker beacon receiver, (5) two independent receivers
for navigation, and (6) two independent receivers for communications.
(d) For the purposes of paragraphs (c)(5) and (c)(6) of this section, a
receiver is independent if the function of any part of it does not depend on
the functioning of any part of another receiver. However, a receiver that can
receive both communications and navigational signals may be used in place of
a separate communications receiver and a separate navigational signal
receiver.
Sec. 125.205 Equipment requirements: Airplanes under IFR.
No person may operate an airplane under IFR unless it has--
(a) A vertical speed indicator;
(b) A free-air temperature indicator;
(c) A heated pitot tube for each airspeed indicator;
(d) A power failure warning device or vacuum indicator to show the power
available for gyroscopic instruments from each power source;
(e) An alternate source of static pressure for the altimeter and the
airspeed and vertical speed indicators;
(f) At least two generators each of which is on a separate engine, or which
any combination of one-half of the total number are rated sufficiently to
supply the electrical loads of all required instruments and equipment
necessary for safe emergency operation of the airplane; and
(g) Two independent sources of energy (with means of selecting either), of
which at least one is an engine-driven pump or generator, each of which is
able to drive all gyroscopic instruments and installed so that failure of one
instrument or source does not interfere with the energy supply to the
remaining instruments or the other energy source. For the purposes of this
paragraph, each engine-driven source of energy must be on a different engine.
(h) For the purposes of paragraph (f) of this section, a continuous
inflight electrical load includes one that draws current continuously during
flight, such as radio equipment, electrically driven instruments, and lights,
but does not include occasional intermittent loads.
(i) An airspeed indicating system with heated pitot tube or equivalent
means for preventing malfunctioning due to icing.
(j) A sensitive altimeter.
(k) Instrument lights providing enough light to make each required
instrument, switch, or similar instrument easily readable and installed so
that the direct rays are shielded from the flight crewmembers' eyes and that
no objectionable reflections are visible to them. There must be a means of
controlling the intensity of illumination unless it is shown that nondimming
instrument lights are satisfactory.
Sec. 125.206 Pitot heat indication systems.
(a) Except as provided in paragraph (b) of this section, after April 12,
1981, no person may operate a transport category airplane equipped with a
flight instrument pitot heating system unless the airplane is equipped with
an operable pitot heat indication system that complies with Sec. 25.1326 of
this chapter in effect on April 12, 1978.
(b) A certificate holder may obtain an extension of the April 12, 1981,
compliance date specified in paragraph (a) of this section, but not beyond
April 12, 1983, from the Director, Flight Standards Service if the
certificate holder--
(1) Shows that due to circumstances beyond its control it cannot comply by
the specified compliance date; and
(2) Submits by the specified compliance date a schedule for compliance
acceptable to the Director, indicating that compliance will be achieved at
the earliest practicable date.
[Amdt. 125-3, 46 FR 43806, Aug. 31, 1981, as amended by Amdt. 125-13, 54 FR
39294, Sept. 25, 1989]
Sec. 125.207 Emergency equipment requirements.
(a) No person may operate an airplane having a seating capacity of 20 or
more passengers unless it is equipped with the following emergency equipment:
(1) One approved first aid kit for treatment of injuries likely to occur in
flight or in a minor accident, which meets the following specifications and
requirements:
(i) Each first aid kit must be dust and moisture proof and contain only
materials that either meet Federal Specifications GGK-391a, as revised, or as
approved by the Administrator.
(ii) Required first aid kits must be readily accessible to the cabin flight
attendants.
(iii) At time of takeoff, each first aid kit must contain at least the
following or other contents approved by the Administrator:
Quantity
Contents:
Adhesive bandage compressors, 1 in 16
Antiseptic swabs 20
Ammonia inhalents 10
Bandage compressors, 4 in 8
Triangular bandage compressors, 40 in 5
Arm splint, noninflatable 1
Leg splint, noninflatable 1
Roller bandage, 4 in 4
Adhesive tape, 1-in standard roll 2
Bandage scissors 1
(2) A crash axe carried so as to be accessible to the crew but inaccessible
to passengers during normal operations.
(3) Signs that are visible to all occupants to notify them when smoking is
prohibited and when safety belts should be fastened. The signs must be so
constructed that they can be turned on and off by a crewmember. They must be
turned on for each takeoff and each landing and when otherwise considered to
be necessary by the pilot in command.
(4) The additional emergency equipment specified in Appendix A of this
part.
(b) Megaphones. Each passenger-carrying airplane must have a portable
battery-powered megaphone or megaphones readily accessible to the crewmembers
assigned to direct emergency evacuation, installed as follows:
(1) One megaphone on each airplane with a seating capacity of more than 60
and less than 100 passengers, at the most rearward location in the passenger
cabin where it would be readily accessible to a normal flight attendant seat.
However, the Administrator may grant a deviation from the requirements of
this paragraph if the Administrator finds that a different location would be
more useful for evacuation of persons during an emergency.
(2) Two megaphones in the passenger cabin on each airplane with a seating
capacity of more than 99 and less than 200 passengers, one installed at the
forward end and the other at the most rearward location where it would be
readily accessible to a normal flight attendant seat.
(3) Three megaphones in the passenger cabin on each airplane with a seating
capacity of more than 199 passengers, one installed at the forward end, one
installed at the most rearward location where it would be readily accessible
to a normal flight attendant seat, and one installed in a readily accessible
location in the mid-section of the airplane.
[Dkt. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-19, 59
FR 1781, Jan. 12, 1994]
SUMMARY: This amendment revises the regulations concerning first aid kits
required on board air carrier, air taxi, and commercial aircraft to remove
the burn compound from the list of items required for the kits. This
amendment responds to a petition from Air Transport Association, supported by
the American Red Cross, that the burn compound be removed from the kits since
the use of ice or cold water is the preferred treatment for minor burns. This
amendment will relieve affected operators from the expense of having to
periodically replace an item in the first aid kits that is not needed.
Sec. 125.209 Emergency equipment: Extended overwater operations.
(a) No person may operate an airplane in extended overwater operations
unless it carries, installed in conspicuously marked locations easily
accessible to the occupants if a ditching occurs, the following equipment:
(1) An approved life preserver equipped with an approved survivor locator
light, or an approved flotation means, for each occupant of the aircraft. The
life preserver or other flotation means must be easily accessible to each
seated occupant. If a flotation means other than a life preserver is used, it
must be readily removable from the airplane.
(2) Enough approved life rafts (with proper buoyancy) to carry all
occupants of the airplane, and at least the following equipment for each raft
clearly marked for easy identification--
(i) One canopy (for sail, sunshade, or rain catcher);
(ii) One radar reflector (or similar device);
(iii) One life raft repair kit;
(iv) One bailing bucket;
(v) One signaling mirror;
(vi) One police whistle;
(vii) One raft knife;
(viii) One CO 2, bottle for emergency inflation;
(ix) One inflation pump;
(x) Two oars;
(xi) One 75-foot retaining line;
(xii) One magnetic compass;
(xiii) One dye marker;
(xiv) One flashlight having at least two size "D" cells or equivalent;
(xv) At least one approved pyrotechnic signaling device;
(xvi) A 2-day supply of emergency food rations supplying at least 1,000
calories a day for each person;
(xvii) One sea water desalting kit for each two persons that raft is rated
to carry, or two pints of water for each person the raft is rated to carry;
(xviii) One fishing kit; and
(xix) One book on survival appropriate for the area in which the airplane
is operated.
(b) No person may operate an airplane in extended overwater operations
unless there is attached to one of the life rafts required by paragraph (a)
of this section, a survival type emergency locator transmitter that meets
TSO-C91. Batteries used in this transmitter must be replaced (or recharged,
if the batteries are rechargeable) when the transmitter has been in use for
more than 1 cumulative hour, and also when 50 percent of their useful life
(or for rechargeable batteries, 50 percent of their useful life of charge),
as established by the transmitter manufacturer under TSO-C91 has expired. The
new expiration date for the replacement or recharged batteries must be
legibly marked on the outside of the transmitter. The battery useful life or
useful life of charge requirements of this paragraph do not apply to
batteries (such as water-activated batteries) that are essentially unaffected
during probably storage intervals.
Sec. 125.211 Seat and safety belts.
(a) No person may operate an airplane unless there are available during the
takeoff, en route flight, and landing--
(1) An approved seat or berth for each person on board the airplane who is
at least 2 years old; and
(2) An approved safety belt for separate use by each person on board the
airplane who is at least 2 years old, except that two persons occupying a
berth may share one approved safety belt and two persons occupying a multiple
lounge or divan seat may share one approved safety belt during en route
flight only.
(b) Except as provided in paragraphs (b)(1) and (b)(2) of this section,
each person on board an airplane operated under this part shall occupy an
approved seat or berth with a separate safety belt properly secured about him
or her during movement on the surface, takeoff, and landing. A safety belt
provided for the occupant of a seat may not be used for more than one person
who has reached his or her second birthday. Notwithstanding the preceding
requirements, a child may:
(1) Be held by an adult who is occupying a seat or berth if that child has
not reached his or her second birthday; or
(2) Notwithstanding any other requirement of this chapter, occupy an
approved child restraint system furnished by the certificate holder or one of
the persons described in paragraph (b)(2)(i) of this section, provided:
(i) The child is accompanied by a parent, guardian, or attendant designated
by the child's parent or guardian to attend to the safety of the child during
the flight;
(ii) The approved child restraint system bears one or more labels as
follows:
(A) Seats manufactured to U.S. standards between January 1, 1981, and
February 25, 1985, must bear the label: "This child restraint system conforms
to all applicable Federal motor vehicle safety standards." Vest- and harness-
type child restraint systems manufactured before February 26, 1985, bearing
such a label are not approved for the purposes of this section;
(B) Seats manufactured to U.S. standards on or after February 26, 1985,
must bear two labels:
(1) "This child restraint system conforms to all applicable Federal motor
vehicle safety standards"; and
(2) "THIS RESTRAINT IS CERTIFIED FOR USE IN MOTOR VEHICLES AND AIRCRAFT" in
red lettering;
(C) Seats that do not qualify under paragraphs (b)(2)(ii)(A) and
(b)(2)(ii)(B) of this section must bear either a label showing approval of a
foreign government or a label showing that the seat was manufactured under
the standards of the United Nations; and
(iii) The certificate holder complies with the following requirements:
(A) The restraint system must be properly secured to an approved forward-
facing seat or berth;
(B) The child must be properly secured in the restraint system and must not
exceed the specified weight limit for the restraint system; and
(C) The restraint system must bear the appropriate label(s).
(c) No certificate holder may prohibit a child, if requested by the child's
parent, guardian, or designated attendant from occupying a child restraint
system furnished by the child's parent, guardian, or designated attendant,
provided the child holds an authorization for an approved seat or berth and
the requirements contained in paragraphs (b)(2)(i) through (b)(2)(iii) of
this section are met. This section does not prohibit the certificate holder
from providing child restraint systems or, consistent with safe operating
practices, determining the most appropriate passenger seat location for the
child restraint system.
(d) Each sideward facing seat must comply with the applicable requirements
of Sec. 25.785(c) of this chapter.
(e) No certificate holder may take off or land an airplane unless each
passenger seat back is in the upright position. Each passenger shall comply
with instructions given by a crewmember in compliance with this paragraph.
This paragraph does not apply to seats on which cargo or persons who are
unable to sit erect for a medical reason are carried in accordance with
procedures in the certificate holder's manual if the seat back does not
obstruct any passenger's access to the aisle or to any emergency exit.
(f) Each occupant of a seat equipped with a shoulder harness must fasten
the shoulder harness during takeoff and landing, except that, in the case of
crewmembers, the shoulder harness need not be fastened if the crewmember
cannot perform his required duties with the shoulder harness fastened.
[Dkt. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-17, 57
FR 42674, Sept. 15, 1992]
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
No person may conduct any operation unless the following equipment is
installed in the airplane:
(a) If protective fuses are installed on an airplane, the number of spare
fuses approved for the airplane and appropriately described in the
certificate holder's manual.
(b) A windshield wiper or equivalent for each pilot station.
(c) A power supply and distribution system that meets the requirements of
Secs. 25.1309, 25.1331, 25.1351 (a) and (b) (1) through (4), 25.1353,
25.1355, and 25.1431(b) or that is able to produce and distribute the load
for the required instruments and equipment, with use of an external power
supply if any one power source or component of the power distribution system
fails. The use of common elements in the system may be approved if the
Administrator finds that they are designed to be reasonably protected against
malfunctioning. Engine-driven sources of energy, when used, must be on
separate engines.
(d) A means for indicating the adequacy of the power being supplied to
required flight instruments.
(e) Two independent static pressure systems, vented to the outside
atmospheric pressure so that they will be least affected by air flow
variation or moisture or other foreign matter, and installed so as to be
airtight except for the vent. When a means is provided for transferring an
instrument from its primary operating system to an alternative system, the
means must include a positive positioning control and must be marked to
indicate clearly which system is being used.
(f) A placard on each door that is the means of access to a required
passenger emergency exit to indicate that it must be open during takeoff and
landing.
(g) A means for the crew, in an emergency, to unlock each door that leads
to a compartment that is normally accessible to passengers and that can be
locked by passengers.
Sec. 125.215 Operating information required.
(a) The operator of an airplane must provide the following materials, in
current and appropriate form, accessible to the pilot at the pilot station,
and the pilot shall use them:
(1) A cockpit checklist.
(2) An emergency cockpit checklist containing the procedures required by
paragraph (c) of this section, as appropriate.
(3) Pertinent aeronautical charts.
(4) For IFR operations, each pertinent navigational en route, terminal
area, and approach and letdown chart;
(5) One-engine-inoperative climb performance data and, if the airplane is
approved for use in IFR or over-the-top operations, that data must be
sufficient to enable the pilot to determine that the airplane is capable of
carrying passengers over-the-top or in IFR conditions at a weight that will
allow it to climb, with the critical engine inoperative, at least 50 feet a
minute when operating at the MEA's of the route to be flown or 5,000 feet
MSL, whichever is higher.
(b) Each cockpit checklist required by paragraph (a)(1) of this section
must contain the following procedures:
(1) Before starting engines;
(2) Before take-off;
(3) Cruise;
(4) Before landing;
(5) After landing;
(6) Stopping engines.
(c) Each emergency cockpit checklist required by paragraph (a)(2) of this
section must contain the following procedures, as appropriate:
(1) Emergency operation of fuel, hydraulic, electrical, and mechanical
systems.
(2) Emergency operation of instruments and controls.
(3) Engine inoperative procedures.
(4) Any other emergency procedures necessary for safety.
Sec. 125.217 Passenger information.
(a) Except as provided in paragraph (b) of this section, no person may
operate an airplane carrying passengers unless it is equipped with signs that
meet the requirements of Sec. 25.791 of this chapter and that are visible to
passengers and flight attendants to notify them when smoking is prohibited
and when safety belts must be fastened. The signs must be so constructed that
the crew can turn them on and off. They must be turned on during airplane
movement on the surface, for each takeoff, for each landing, and when
otherwise considered to be necessary by the pilot in command.
(b) No passenger or crewmember may smoke while any "No Smoking" sign is
lighted nor may any passenger or crewmember smoke in any lavatory.
(c) Each passenger required by Sec. 125.211(b) to occupy a seat or berth
shall fasten his or her safety belt about him or her and keep it fastened
while any "Fasten Seat Belt" sign is lighted.
(d) Each passenger shall comply with instructions given him or her by
crewmembers regarding compliance with paragraphs (b) and (c) of this section.
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
Sec. 125.219 Oxygen for medical use by passengers.
(a) Except as provided in paragraphs (d) and (e) of this section, no
certificate holder may allow the carriage or operation of equipment for the
storage, generation or dispensing of medical oxygen unless the unit to be
carried is constructed so that all valves, fittings, and gauges are protected
from damage during that carriage or operation and unless the following
conditions are met:
(1) The equipment must be--
(i) Of an approved type or in conformity with the manufacturing, packaging,
marking, labeling, and maintenance requirements of Title 49 CFR Parts 171,
172, and 173, except Sec. 173.24(a)(1);
(ii) When owned by the certificate holder, maintained under the certificate
holder's approved maintenance program;
(iii) Free of flammable contaminants on all exterior surfaces; and
(iv) Appropriately secured.
(2) When the oxygen is stored in the form of a liquid, the equipment must
have been under the certificate holder's approved maintenance program since
its purchase new or since the storage container was last purged.
(3) When the oxygen is stored in the form of a compressed gas as defined in
Title 49 CFR 173.300(a)--
(i) When owned by the certificate holder, it must be maintained under its
approved maintenance program; and
(ii) The pressure in any oxygen cylinder must not exceed the rated cylinder
pressure.
(4) The pilot in command must be advised when the equipment is on board and
when it is intended to be used.
(5) The equipment must be stowed, and each person using the equipment must
be seated so as not to restrict access to or use of any required emergency or
regular exit or of the aisle in the passenger compartment.
(b) When oxygen is being used, no person may smoke and no certificate
holder may allow any person to smoke within 10 feet of oxygen storage and
dispensing equipment carried under paragraph (a) of this section.
(c) No certificate holder may allow any person other than a person trained
in the use of medical oxygen equipment to connect or disconnect oxygen
bottles or any other ancillary component while any passenger is aboard the
airplane.
(d) Paragraph (a)(1)(i) of this section does not apply when that equipment
is furnished by a professional or medical emergency service for use on board
an airplane in a medical emergency when no other practical means of
transportation (including any other properly equipped certificate holder) is
reasonably available and the person carried under the medical emergency is
accompanied by a person trained in the use of medical oxygen.
(e) Each certificate holder who, under the authority of paragraph (d) of
this section, deviates from paragraph (a)(1)(i) of this section under a
medical emergency shall, within 10 days, excluding Saturdays, Sundays, and
Federal holidays, after the deviation, send to the FAA Flight Standards
district office charged with the overall inspection of the certificate holder
a complete report of the operation involved, including a description of the
deviation and the reasons for it.
Sec. 125.221 Icing conditions: Operating limitations.
(a) No pilot may take off an airplane that has frost, ice, or snow adhering
to any propeller, windshield, wing, stabilizing or control surface, to a
powerplant installation, or to an airspeed, altimeter, rate of climb, or
flight attitude instrument system, except under the follow conditions:
(1) Takeoffs may be made with frost adhering to the wings, or stabilizing
or control surfaces, if the frost has been polished to make it smooth.
(2) Takeoffs may be made with frost under the wing in the area of the fuel
tanks if authorized by the Administrator.
(b) No certificate holder may authorize an airplane to take off and no
pilot may take off an airplane any time conditions are such that frost, ice,
or snow may reasonably be expected to adhere to the airplane unless the pilot
has completed the testing required under Sec. 125.287(a)(9) and unless one of
the following requirements is met:
(1) A pretakeoff contamination check, that has been established by the
certificate holder and approved by the Administrator for the specific
airplane type, has been completed within 5 minutes prior to beginning
takeoff. A pretakeoff contamination check is a check to make sure the wings
and control surfaces are free of frost, ice, or snow.
(2) The certificate holder has an approved alternative procedure and under
that procedure the airplane is determined to be free of frost, ice, or snow.
(3) The certificate holder has an approved deicing/anti-icing program that
complies with Sec. 121.629(c) of this chapter and the takeoff complies with
that program.
(c) Except for an airplane that has ice protection provisions that meet
Appendix C of this part or those for transport category airplane type
certification, no pilot may fly--
(1) Under IFR into known or forecast light or moderate icing conditions; or
(2) Under VFR into known light or moderate icing conditions, unless the
airplane has functioning deicing or anti-icing equipment protecting each
propeller, windshield, wing, stabilizing or control surface, and each
airspeed, altimeter, rate of climb, or flight attitude instrument system.
(d) Except for an airplane that has ice protection provisions that meet
Appendix C of this part or those for transport category airplane type
certification, no pilot may fly an airplane into known or forecast severe
icing conditions.
(e) If current weather reports and briefing information relied upon by the
pilot in command indicate that the forecast icing condition that would
otherwise prohibit the flight will not be encountered during the flight
because of changed weather conditions since the forecast, the restrictions in
paragraphs (b) and (c) of this section based on forecast conditions do not
apply.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-18, 58 FR
69629, Dec. 30, 1993]
SUMMARY: This interim final rule requires part 125 certificate holders to
provide pilot testing on conducting operations in ground icing conditions,
part 135 certificate holders to provide pilot training on conducting
operations in ground icing conditions, and part 125 and 135 certificate
holders to check airplanes for contamination (i.e., frost, ice, or snow)
prior to takeoff when ground icing conditions exist. This rule is necessary
because accident statistics and experience indicate the importance of
effectively determining whether the airplane's wings and control surfaces are
free of all frost, ice, or snow prior to beginning a takeoff. The rule is
intended to provide an added level of safety to flight operations in ground
icing conditions under parts 125 and 135.
DATES: This interim final rule is effective January 31, 1994.
Sec. 125.223 Airborne weather radar equipment requirements.
(a) No person may operate an airplane governed by this part in passenger-
carrying operations unless approved airborne weather radar equipment is
installed in the airplane.
(b) No person may begin a flight under IFR or night VFR conditions when
current weather reports indicate that thunderstorms, or other potentially
hazardous weather conditions that can be detected with airborne weather radar
equipment, may reasonably be expected along the route to be flown, unless the
airborne weather radar equipment required by paragraph (a) of this section is
in satisfactory operating condition.
(c) If the airborne weather radar equipment becomes inoperative en route,
the airplane must be operated under the instructions and procedures specified
for that event in the manual required by Sec. 125.71.
(d) This section does not apply to airplanes used solely within the State
of Hawaii, within the State of Alaska, within that part of Canada west of
longitude 130 degrees W, between latitude 70 degrees N, and latitude 53
degrees N, or during any training, test, or ferry flight.
(e) Without regard to any other provision of this part, an alternate
electrical power supply is not required for airborne weather radar equipment.
Sec. 125.224 Traffic Alert and Collision Avoidance System.
(a) After December 30, 1993, no person may operate a large airplane that
has a passenger seating configuration, excluding any pilot seat, of more than
30 seats unless it is equipped with an approved TCAS II traffic alert and
collision avoidance system and the appropriate class of Mode S transponder.
(b) The manual required by Sec. 125.71 of this part shall contain the
following information on the TCAS II system required by this section.
(1) Appropriate procedures for--
(i) The operation of the equipment; and
(ii) Proper flightcrew action with respect to the equipment.
(2) An outline of all input sources that must be operating for the TCAS II
to function properly.
SUMMARY: This rule revises the schedule for installing Traffic Alert and
Collision Avoidance Systems (TCAS II) on airplanes with more than 30
passenger seats. The TCAS II system will provide a collision avoidance
capability that operates independently of the ground-based Air Traffic
Control (ATC) system and in areas where there is no ATC coverage. Congress
recently passed legislation permitting an extension of the schedule. This
action implements the legislation, reduces the prospect that carriers will
divert critical maintenance and modification resources away from other safety
programs to meet the TCAS II schedule, and allows the FAA to evaluate the
operation of TCAS II in the total ATC environment.
(a) Except as provided in paragraph (d) of this section, after October 11,
1991, no person may operate a large airplane type certificated before October
1, 1969, for operations above 25,000 feet altitude, nor a multiengine,
turbine powered airplane type certificated before October 1, 1969, unless it
is equipped with one or more approved flight recorders that utilize a digital
method of recording and storing data and a method of readily retrieving that
data from the storage medium. The following information must be able to be
determined within the ranges, accuracies, resolution, and recording intervals
specified in Appendix D of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission to or from air traffic control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Control column or pitch control surface position; and
(11) Thrust of each engine.
(b) Except as provided in paragraph (d) of this section, after October 11,
1991, no person may operate a large airplane type certificated after
September 30, 1969, for operations above 25,000 feet altitude, nor a
multiengine, turbine powered airplane type certificated after September 30,
1969, unless it is equipped with one or more approved flight recorders that
utilize a digital method of recording and storing data and a method of
readily retrieving that data from the storage medium. The following
information must be able to be determined within the ranges, accuracies,
resolutions, and recording intervals specified in Appendix D of this part:
(1) Time;
(2) Altitude;
(3) Airspeed;
(4) Vertical acceleration;
(5) Heading;
(6) Time of each radio transmission either to or from air traffic control;
(7) Pitch attitude;
(8) Roll attitude;
(9) Longitudinal acceleration;
(10) Pitch trim position;
(11) Control column or pitch control surface position;
(12) Control wheel or lateral control surface position;
(13) Rudder pedal or yaw control surface position;
(14) Thrust of each engine;
(15) Position of each trust reverser;
(16) Trailing edge flap or cockpit flap control position; and
(17) Leading edge flap or cockpit flap control position.
(c) After October 11, 1991, no person may operate a large airplane equipped
with a digital data bus and ARINC 717 digital flight data acquisition unit
(DFDAU) or equivalent unless it is equipped with one or more approved flight
recorders that utilize a digital method of recording and storing data and a
method of readily retrieving that data from the storage medium. Any
parameters specified in Appendix D of this part that are available on the
digital data bus must be recorded within the ranges, accuracies, resolutions,
and sampling intervals specified.
(d) No person may operate under this part an airplane that is manufactured
after October 11, 1991, unless it is equipped with one or more approved
flight recorders that utilize a digital method of recording and storing data
and a method of readily retrieving that data from the storage medium. The
parameters specified in Appendix D of this part must be recorded within the
ranges, accuracies, resolutions and sampling intervals specified. For the
purpose of this section, "manufactured" means the point in time at which the
airplane inspection acceptance records reflect that the airplane is complete
and meets the FAA-approved type design data.
(e) Whenever a flight recorder required by this section is installed, it
must be operated continuously from the instant the airplane begins the
takeoff roll until it has completed the landing roll at an airport.
(f) Except as provided in paragraph (g) of this section, and except for
recorded data erased as authorized in this paragraph, each certificate holder
shall keep the recorded data prescribed in paragraph (a), (b), (c), or (d) of
this section, as applicable, until the airplane has been operated for at
least 25 hours of the operating time specified in Sec. 125.227(a) of this
chapter. A total of 1 hour of recorded data may be erased for the purpose of
testing the flight recorder or the flight recorder system. Any erasure made
in accordance with this paragraph must be of the oldest recorded data
accumulated at the time of testing. Except as provided in paragraph (g) of
this section, no record need be kept more than 60 days.
(g) In the event of an accident or occurrence that requires immediate
notification of the National Transportation Safety Board under 49 CFR Part
830 and that results in termination of the flight, the certificate holder
shall remove the recording media from the airplane and keep the recorded data
required by paragraph (a), (b), (c), or (d) of this section, as applicable,
for at least 60 days or for a longer period upon the request of the Board or
the Administrator.
(h) Each flight recorder required by this section must be installed in
accordance with the requirements of Sec. 25.1459 of this chapter in effect on
August 31, 1977. The correlation required by Sec. 25.1459(c) of this chapter
need be established only on one airplane of any group of airplanes.
(1) That are of the same type;
(2) On which the flight recorder models and their installations are the
same; and
(3) On which there are no differences in the type design with respect to
the installation of the first pilot's instruments associated with the flight
recorder. The most recent instrument calibration, including the recording
medium from which this calibration is derived, and the recorder correlation
must be retained by the certificate holder.
(i) Each flight recorder required by this section that records the data
specified in paragraphs (a), (b), (c), or (d) of this section must have an
approved device to assist in locating that recorder under water.
[Doc. No. 25530, Amdt. 125-10, 53 FR 26148, July 11, 1988; 53 FR 30906, Aug.
16, 1988]
Sec. 125.227 Cockpit voice recorders.
(a) No certificate holder may operate a large turbine engine powered
airplane or a large pressurized airplane with four reciprocating engines
unless an approved cockpit voice recorder is installed in that airplane and
is operated continuously from the start of the use of the checklist (before
starting engines for the purpose of flight) to completion of the final
checklist at the termination of the flight.
(b) Each certificate holder shall establish a schedule for completion,
before the prescribed dates, of the cockpit voice recorder installations
required by paragraph (a) of this section. In addition, the certificate
holder shall identify any airplane specified in paragraph (a) of this section
he intends to discontinue using before the prescribed dates.
(c) The cockpit voice recorder required by this section must also meet the
following standards:
(1) The requirements of Part 25 of this chapter in effect after October 11,
1991.
(2) After September 1, 1980, each recorder container must--
(i) Be either bright orange or bright yellow;
(ii) Have reflective tape affixed to the external surface to facilitate its
location under water; and
(iii) Have an approved underwater locating device on or adjacent to the
container which is secured in such a manner that it is not likely to be
separated during crash impact, unless the cockpit voice recorder and the
flight recorder, required by Sec. 125.225 of this chapter, are installed
adjacent to each other in such a manner that they are not likely to be
separated during crash impact.
(d) In complying with this section, an approved cockpit voice recorder
having an erasure feature may be used so that, at any time during the
operation of the recorder, information recorded more than 30 minutes earlier
may be erased or otherwise obliterated.
(e) For those aircraft equipped to record the uninterrupted audio signals
received by a boom or a mask microphone the flight crewmembers are required
to use the boom microphone below 18,000 feet mean sea level. No person may
operate a large turbine engine powered airplane or a large pressurized
airplane with four reciprocating engines manufactured after October 11, 1991,
or on which a cockpit voice recorder has been installed after October 11,
1991, unless it is equipped to record the uninterrupted audio signal received
by a boom or mask microphone in accordance with Sec. 25.1457(c)(5) of this
chapter.
(f) In the event of an accident or occurrence requiring immediate
notification of the National Transportation Safety Board under 49 CFR Part
830 of its regulations, which results in the termination of the flight, the
certificate holder shall keep the recorded information for at least 60 days
or, if requested by the Administrator or the Board, for a longer period.
Information obtained from the record is used to assist in determining the
cause of accidents or occurrences in connection with investigations under 49
CFR Part 830. The Administrator does not use the record in any civil penalty
or certificate action.
This subpart prescribes rules, in addition to those prescribed in other
parts of this chapter, for the maintenance of airplanes, airframes, aircraft
engines, propellers, appliances, each item of survival and emergency
equipment, and their component parts operated under this part.
Sec. 125.243 Certificate holder's responsibilities.
(a) With regard to airplanes, including airframes, aircraft engines,
propellers, appliances, and survival and emergency equipment, operated by a
certificate holder, that certificate holder is primarily responsible for--
(1) Airworthiness;
(2) The performance of maintenance, preventive maintenance, and alteration
in accordance with applicable regulations and the certificate holder's
manual;
(3) The scheduling and performance of inspections required by this part;
and
(4) Ensuring that maintenance personnel make entries in the airplane
maintenance log and maintenance records which meet the requirements of Part
43 of this chapter and the certificate holder's manual, and which indicate
that the airplane has been approved for return to service after maintenance,
preventive maintenance, or alteration has been performed.
Sec. 125.245 Organization required to perform maintenance, preventive
maintenance, and alteration.
The certificate holder must ensure that each person with whom it arranges
for the performance of maintenance, preventive maintenance, alteration, or
required inspection items identified in the certificate holder's manual in
accordance with Sec. 125.249(a)(3)(ii) must have an organization adequate to
perform that work.
Sec. 125.247 Inspection programs and maintenance.
(a) No person may operate an airplane subject to this part unless
(1) The replacement times for life-limited parts specified in the aircraft
type certificate data sheets, or other documents approved by the
Administrator, are complied with;
(2) Defects disclosed between inspections, or as a result of inspection,
have been corrected in accordance with Part 43 of this chapter; and
(3) The airplane, including airframe, aircraft engines, propellers,
appliances, and survival and emergency equipment, and their component parts,
is inspected in accordance with an inspection program approved by the
Administrator.
(b) The inspection program specified in paragraph (a)(3) of this section
must include at least the following:
(1) Instructions, procedures, and standards for the conduct of inspections
for the particular make and model of airplane, including necessary tests and
checks. The instructions and procedures must set forth in detail the parts
and areas of the airframe, aircraft engines, propellers, appliances, and
survival and emergency equipment required to be inspected.
(2) A schedule for the performance of inspections that must be performed
under the program, expressed in terms of the time in service, calendar time,
number of system operations, or any combination of these.
(c) No person may be used to perform the inspections required by this part
unless that person is authorized to perform maintenance under Part 43 of this
chapter.
(d) No person may operate an airplane subject to this part unless--
(1) The installed engines have been maintained in accordance with the
overhaul periods recommended by the manufacturer or a program approved by the
Administrator; and
(2) The engine overhaul periods are specified in the inspection programs
required by Sec. 125.247(a)(3).
(e) Inspection programs which may be approved for use under this part
include, but are not limited to--
(1) A continuous inspection program which is a part of a current continuous
airworthiness program approved for use by a certificate holder under Part 121
or Part 135 of this chapter;
(2) Inspection programs currently recommended by the manufacturer of the
airplane, aircraft engines, propellers, appliances, or survival and emergency
equipment; or
(3) An inspection program developed by a certificate holder under this
part.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-2, 46 FR
24409, Apr. 30, 1981]
Sec. 125.249 Maintenance manual requirements.
(a) Each certificate holder's manual required by Sec. 125.71 of this part
shall contain, in addition to the items required by Sec. 125.73 of this part,
at least the following:
(1) A description of the certificate holders maintenance organization, when
the certificate holder has such an organization.
(2) A list of those persons with whom the certificate holder has arranged
for performance of inspections under this part. The list shall include the
persons' names and addresses.
(3) The inspection programs required by Sec. 125.247 of this part to be
followed in the performance of inspections under this part including--
(i) The method of performing routine and nonroutine inspections (other than
required inspections);
(ii) The designation of the items that must be inspected (required
inspections), including at least those which if improperly accomplished could
result in a failure, malfunction, or defect endangering the safe operation of
the airplane;
(iii) The method of performing required inspections;
(iv) Procedures for the inspection of work performed under previously
required inspection findings ("buy-back procedures");
(v) Procedures, standards, and limits necessary for required inspections
and acceptance or rejection of the items required to be inspected;
(vi) Instructions to prevent any person who performs any item of work from
performing any required inspection of that work; and
(vii) Procedures to ensure that work interruptions do not adversely affect
required inspections and to ensure required inspections are properly
completed before the airplane is released to service.
(b) In addition, each certificate holder's manual shall contain a suitable
system which may include a coded system that provides for the retention of
the following:
(1) A description (or reference to data acceptable to the Administrator) of
the work performed.
(2) The name of the person performing the work and the person's certificate
type and number.
(3) The name of the person approving the work and the person's certificate
type and number.
Sec. 125.251 Required inspection personnel.
(a) No person may use any person to perform required inspections unless the
person performing the inspection is appropriately certificated, properly
trained, qualified, and authorized to do so.
(b) No person may perform a required inspection if that person performed
the item of work required to be inspected.
Subpart H--Airman and Crewmember Requirements
Sec. 125.261 Airman: Limitations on use of services.
(a) No certificate holder may use any person as an airman nor may any
person serve as an airman unless that person--
(1) Holds an appropriate current airman certificate issued by the FAA;
(2) Has any required appropriate current airman and medical certificates in
that person's possession while engaged in operations under this part; and
(3) Is otherwise qualified for the operation for which that person is to be
used.
(b) Each airman covered by paragraph (a) of this section shall present the
certificates for inspection upon the request of the Administrator.
Sec. 125.263 Composition of flightcrew.
(a) No certificate holder may operate an airplane with less than the
minimum flightcrew specified in the type certificate and the Airplane Flight
Manual approved for that type airplane and required by this part for the kind
of operation being conducted.
(b) In any case in which this part requires the performance of two or more
functions for which an airman certificate is necessary, that requirement is
not satisfied by the performance of multiple functions at the same time by
one airman.
(c) On each flight requiring a flight engineer, at least one flight
crewmember, other than the flight engineer, must be qualified to provide
emergency performance of the flight engineer's functions for the safe
completion of the flight if the flight engineer becomes ill or is otherwise
incapacitated. A pilot need not hold a flight engineer's certificate to
perform the flight engineer's functions in such a situation.
Sec. 125.265 Flight engineer requirements.
(a) No person may operate an airplane for which a flight engineer is
required by the type certification requirements without a flight crewmember
holding a current flight engineer certificate.
(b) No person may serve as a required flight engineer on an airplane
unless, within the preceding 6 calendar months, that person has had at least
50 hours of flight time as a flight engineer on that type airplane, or the
Administrator has checked that person on that type airplane and determined
that person is familiar and competent with all essential current information
and operating procedures.
Sec. 125.267 Flight navigator and long-range navigation equipment.
(a) No certificate holder may operate an airplane outside the 48
conterminous States and the District of Columbia when its position cannot be
reliably fixed for a period of more than 1 hour, without--
(1) A flight crewmember who holds a current flight navigator certificate;
or
(2) Two independent, properly functioning, and approved long-range means of
navigation which enable a reliable determination to be made of the position
of the airplane by each pilot seated at that person's duty station.
(b) Operations where a flight navigator or long-range navigation equipment,
or both, are required are specified in the operations specifications of the
operator.
Sec. 125.269 Flight attendants.
(a) Each certificate holder shall provide at least the following flight
attendants on each passenger-carrying airplane used:
(1) For airplanes having more than 19 but less than 51 passengers--one
flight attendant.
(2) For airplanes having more than 50 but less than 101 passengers--two
flight attendants.
(3) For airplanes having more than 100 passengers--two flight attendants
plus one additional flight attendant for each unit (or part of a unit) of 50
passengers above 100 passengers.
(b) The number of flight attendants approved under paragraphs (a) and (b)
of this section are set forth in the certificate holder's operations
specifications.
(c) During takeoff and landing, flight attendants required by this section
shall be located as near as practicable to required floor level exits and
shall be uniformly distributed throughout the airplane to provide the most
effective egress of passengers in event of an emergency evacuation.
Sec. 125.271 Emergency and emergency evacuation duties.
(a) Each certificate holder shall, for each type and model of airplane,
assign to each category of required crewmember, as appropriate, the necessary
functions to be performed in an emergency or a situation requiring emergency
evacuation. The certificate holder shall show those functions are realistic,
can be practically accomplished, and will meet any reasonably anticipated
emergency, including the possible incapacitation of individual crewmembers or
their inability to reach the passenger cabin because of shifting cargo in
combination cargo-passenger airplanes.
(b) The certificate holder shall describe in its manual the functions of
each category of required crewmembers under paragraph (a) of this section.
Subpart I--Flight Crewmember Requirements
Sec. 125.281 Pilot-in-command qualifications.
No certificate holder may use any person, nor may any person serve, as
pilot in command of an airplane unless that person--
(a) Holds at least a commercial pilot certificate, an appropriate category,
class, and type rating, and an instrument rating; and
(b) Has had at least 1,200 hours of flight time as a pilot, including 500
hours of cross-country flight time, 100 hours of night flight time, including
at least 10 night takeoffs and landings, and 75 hours of actual or simulated
instrument flight time, at least 50 hours of which were actual flight.
Sec. 125.283 Second-in-command qualifications.
No certificate holder may use any person, nor may any person serve, as
second in command of an airplane unless that person--
(a) Holds at least a commercial pilot certificate with appropriate category
and class ratings, and an instrument rating; and
(b) For flight under IFR, meets the recent instrument experience
requirements prescribed for a pilot in command in Part 61 of this chapter.
Sec. 125.285 Pilot qualifications: Recent experience.
(a) No certificate holder may use any person, nor may any person serve, as
a required pilot flight crewmember unless within the preceding 90 days that
person has made at least three takeoffs and landings in the type airplane in
which that person is to serve. The takeoffs and landings required by this
paragraph may be performed in a visual simulator approved under Sec. 125.297
to include takeoff and landing maneuvers. However, any person who fails to
qualify for a 90-consecutive-day period following the date of that person's
last qualification under this paragraph must reestablish recency of
experience as provided in paragraph (b) of this section.
(b) A required pilot flight crewmember who has not met the requirements of
paragraph (a) of this section may reestablish recency of experience by making
at least three takeoffs and landings under the supervision of an authorized
check airman, in accordance with the following:
(1) At least one takeoff must be made with a simulated failure of the most
critical powerplant.
(2) At least one landing must be made from an ILS approach to the lowest
ILS minimums authorized for the certificate holder.
(3) At least one landing must be made to a complete stop.
(c) A required pilot flight crewmember who performs the maneuvers
prescribed in paragraph (b) of this section in a visual simulator must--
(1) Have previously logged 100 hours of flight time in the same type
airplane in which the pilot is to serve; and
(2) Be observed on the first two landings made in operations under this
part by an authorized check airman who acts as pilot in command and occupies
a pilot seat. The landings must be made in weather minimums that are not less
than those contained in the certificate holder's operations specifications
for Category I operations and must be made within 45 days following
completion of simulator testing.
(d) An authorized check airman who observes the takeoffs and landings
prescribed in paragraphs (b) and (c)(3) of this section shall certify that
the person being observed is proficient and qualified to perform flight duty
in operations under this part, and may require any additional maneuvers that
are determined necessary to make this certifying statement.
Sec. 125.287 Initial and recurrent pilot testing requirements.
(a) No certificate holder may use any person, nor may any person serve as a
pilot, unless, since the beginning of the 12th calendar month before that
service, that person has passed a written or oral test, given by the
Administrator or an authorized check airman on that person's knowledge in the
following areas--
(1) The appropriate provisions of Parts 61, 91, and 125 of this chapter and
the operations specifications and the manual of the certificate holder;
(2) For each type of airplane to be flown by the pilot, the airplane
powerplant, major components and systems, major appliances, performance and
operating limitations, standard and emergency operating procedures, and the
contents of the approved Airplane Flight Manual or approved equivalent, as
applicable;
(3) For each type of airplane to be flown by the pilot, the method of
determining compliance with weight and balance limitations for takeoff,
landing, and en route operations;
(4) Navigation and use of air navigation aids appropriate to the operation
of pilot authorization, including, when applicable, instrument approach
facilities and procedures;
(5) Air traffic control procedures, including IFR procedures when
applicable;
(6) Meteorology in general, including the principles of frontal systems,
icing, fog, thunderstorms, and windshear, and, if appropriate for the
operation of the certificate holder, high altitude weather;
(7) Procedures for avoiding operations in thunderstorms and hail, and for
operating in turbulent air or in icing conditions;
(8) New equipment, procedures, or techniques, as appropriate;
(9) Knowledge and procedures for operating during ground icing conditions,
(i.e., any time conditions are such that frost, ice, or snow may reasonably
be expected to adhere to the airplane), if the certificate holder expects to
authorize takeoffs in ground icing conditions, including:
(i) The use of holdover times when using deicing/anti-icing fluids.
(ii) Airplane deicing/anti-icing procedures, including inspection and check
procedures and responsibilities.
(iii) Communications.
(iv) Airplane surface contamination (i.e., adherence of frost, ice, or
snow) and critical area identification, and knowledge of how contamination
adversely affects airplane performance and flight characteristics.
(v) Types and characteristics of deicing/anti-icing fluids, if used by the
certificate holder.
(vi) Cold weather preflight inspection procedures.
(vii) Techniques for recognizing contamination on the airplane.
(b) No certificate holder may use any person, nor may any person serve, as
a pilot in any airplane unless, since the beginning of the 12th calendar
month before that service, that person has passed a competency check given by
the Administrator or an authorized check airman in that type of airplane to
determine that person's competence in practical skills and techniques in that
airplane or type of airplane. The extent of the competency check shall be
determined by the Administrator or authorized check airman conducting the
competency check. The competency check may include any of the maneuvers and
procedures currently required for the original issuance of the particular
pilot certificate required for the operations authorized and appropriate to
the category, class, and type of airplane involved. For the purposes of this
paragraph, type, as to an airplane, means any one of a group of airplanes
determined by the Administrator to have a similar means of propulsion, the
same manufacturer, and no significantly different handling or flight
characteristics.
(c) The instrument proficiency check required by Sec. 125.291 may be
substituted for the competency check required by this section for the type of
airplane used in the check.
(d) For the purposes of this part, competent performance of a procedure or
maneuver by a person to be used as a pilot requires that the pilot be the
obvious master of the airplane with the successful outcome of the maneuver
never in doubt.
(e) The Administrator or authorized check airman certifies the competency
of each pilot who passes the knowledge or flight check in the certificate
holder's pilot records.
(f) Portions of a required competency check may be given in an airplane
simulator or other appropriate training device, if approved by the
Administrator.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-18, 58 FR
69629, Dec. 30, 1993]
SUMMARY: This interim final rule requires part 125 certificate holders to
provide pilot testing on conducting operations in ground icing conditions,
part 135 certificate holders to provide pilot training on conducting
operations in ground icing conditions, and part 125 and 135 certificate
holders to check airplanes for contamination (i.e., frost, ice, or snow)
prior to takeoff when ground icing conditions exist. This rule is necessary
because accident statistics and experience indicate the importance of
effectively determining whether the airplane's wings and control surfaces are
free of all frost, ice, or snow prior to beginning a takeoff. The rule is
intended to provide an added level of safety to flight operations in ground
icing conditions under parts 125 and 135.
DATES: This interim final rule is effective January 31, 1994.
Sec. 125.289 Initial and recurrent flight attendant crewmember testing
requirements.
No certificate holder may use any person, nor may any person serve, as a
flight attendant crewmember, unless, since the beginning of the 12th calendar
month before that service, the certificate holder has determined by
appropriate initial and recurrent testing that the person is knowledgeable
and competent in the following areas as appropriate to assigned duties and
responsibilities:
(a) Authority of the pilot in command;
(b) Passenger handling, including procedures to be followed in handling
deranged persons or other persons whose conduct might jeopardize safety;
(c) Crewmember assignments, functions, and responsibilities during ditching
and evacuation of persons who may need the assistance of another person to
move expeditiously to an exit in an emergency;
(d) Briefing of passengers;
(e) Location and operation of portable fire extinguishers and other items
of emergency equipment;
(f) Proper use of cabin equipment and controls;
(g) Location and operation of passenger oxygen equipment;
(h) Location and operation of all normal and emergency exits, including
evacuation chutes and escape ropes; and
(i) Seating of persons who may need assistance of another person to move
rapidly to an exit in an emergency as prescribed by the certificate holder's
operations manual.
Sec. 125.291 Pilot in command: Instrument proficiency check requirements.
(a) No certificate holder may use any person, nor may any person serve, as
a pilot in command of an airplane under IFR unless, since the beginning of
the sixth calendar month before that service, that person has passed an
instrument proficiency check and the Administrator or an authorized check
airman has so certified in a letter of competency.
(b) No pilot may use any type of precision instrument approach procedure
under IFR unless, since the beginning of the sixth calendar month before that
use, the pilot has satisfactorily demonstrated that type of approach
procedure and has been issued a letter of competency under paragraph (g) of
this section. No pilot may use any type of nonprecision approach procedure
under IFR unless, since the beginning of the sixth calendar month before that
use, the pilot has satisfactorily demonstrated either that type of approach
procedure or any other two different types of nonprecision approach
procedures and has been issued a letter of competency under paragraph (g) of
this section. The instrument approach procedure or procedures must include at
least one straight-in approach, one circling approach, and one missed
approach. Each type of approach procedure demonstrated must be conducted to
published minimums for that procedure.
(c) The instrument proficiency check required by paragraph (a) of this
section consists of an oral or written equipment test and a flight check
under simulated or actual IFR conditions. The equipment test includes
questions on emergency procedures, engine operation, fuel and lubrication
systems, power settings, stall speeds, best engine-out speed, propeller and
supercharge operations, and hydraulic, mechanical, and electrical systems, as
appropriate. The flight check includes navigation by instruments, recovery
from simulated emergencies, and standard instrument approaches involving
navigational facilities which that pilot is to be authorized to use.
(1) For a pilot in command of an airplane, the instrument proficiency check
must include the procedures and maneuvers for a commercial pilot certificate
with an instrument rating and, if required, for the appropriate type rating.
(2) The instrument proficiency check must be given by an authorized check
airman or by the Administrator.
(d) If the pilot in command is assigned to pilot only one type of airplane,
that pilot must take the instrument proficiency check required by paragraph
(a) of this section in that type of airplane.
(e) If the pilot in command is assigned to pilot more than one type of
airplane, that pilot must take the instrument proficiency check required by
paragraph (a) of this section in each type of airplane to which that pilot is
assigned, in rotation, but not more than one flight check during each period
described in paragraph (a) of this section.
(f) Portions of a required flight check may be given in an airplane
simulator or other appropriate training device, if approved by the
Administrator.
(g) The Administrator or authorized check airman issues a letter of
competency to each pilot who passes the instrument proficiency check. The
letter of competency contains a list of the types of instrument approach
procedures and facilities authorized.
Sec. 125.293 Crewmember: Tests and checks, grace provisions, accepted
standards.
(a) If a crewmember who is required to take a test or a flight check under
this part completes the test or flight check in the calendar month before or
after the calendar month in which it is required, that crewmember is
considered to have completed the test or check in the calendar month in which
it is required.
(b) If a pilot being checked under this subpart fails any of the required
maneuvers, the person giving the check may give additional training to the
pilot during the course of the check. In addition to repeating the maneuvers
failed, the person giving the check may require the pilot being checked to
repeat any other maneuvers that are necessary to determine the pilot's
proficiency. If the pilot being checked is unable to demonstrate satisfactory
performance to the person conducting the check, the certificate holder may
not use the pilot, nor may the pilot serve, in the capacity for which the
pilot is being checked in operations under this part until the pilot has
satisfactorily completed the check.
Sec. 125.295 Check airman authorization: Application and issue.
Each certificate holder desiring FAA approval of a check airman shall
submit a request in writing to the FAA Flight Standards district office
charged with the overall inspection of the certificate holder. The
Administrator may issue a letter of authority to each check airman if that
airman passes the appropriate oral and flight test. The letter of authority
lists the tests and checks in this part that the check airman is qualified to
give, and the category, class and type airplane, where appropriate, for which
the check airman is qualified.
Sec. 125.297 Approval of airplane simulators and other training devices.
(a) Airplane simulators and other training devices approved by the
Administrator may be used in checks required in this subpart.
(b) Each airplane simulator and other training device that is used in
checks required under this subpart must meet the following requirements:
(1) It must be specifically approved for--
(i) The certificate holder;
(ii) The type airplane and, if applicable, the particular variation within
type for which the check is being conducted; and
(iii) The particular maneuver, procedure, or crewmember function involved.
(2) It must maintain the performance, functional, and other characteristics
that are required for approval.
(3) It must be modified to conform with any modification to the airplane
being simulated that changes the performance, functional, or other
characteristics required for approval.
Subpart J--Flight Operations
Sec. 125.311 Flight crewmembers at controls.
(a) Except as provided in paragraph (b) of this section, each required
flight crewmember on flight deck duty must remain at the assigned duty
station with seat belt fastened while the airplane is taking off or landing
and while it is en route.
(b) A required flight crewmember may leave the assigned duty station--
(1) If the crewmember's absence is necessary for the performance of duties
in connection with the operation of the airplane;
(2) If the crewmember's absence is in connection with physiological needs;
or
(3) If the crewmember is taking a rest period and relief is provided--
(i) In the case of the assigned pilot in command, by a pilot qualified to
act as pilot in command.
(ii) In the case of the assigned second in command, by a pilot qualified to
act as second in command of that airplane during en route operations.
However, the relief pilot need not meet the recent experience requirements of
Sec. 125.285.
Sec. 125.313 Manipulation of controls when carrying passengers.
No pilot in command may allow any person to manipulate the controls of an
airplane while carrying passengers during flight, nor may any person
manipulate the controls while carrying passengers during flight, unless that
person is a qualified pilot of the certificate holder operating that
airplane.
Sec. 125.315 Admission to flight deck.
(a) No person may admit any person to the flight deck of an airplane unless
the person being admitted is--
(1) A crewmember;
(2) An FAA inspector or an authorized representative of the National
Transportation Safety Board who is performing official duties; or
(3) Any person who has the permission of the pilot in command.
(b) No person may admit any person to the flight deck unless there is a
seat available for the use of that person in the passenger compartment,
except--
(1) An FAA inspector or an authorized representative of the Administrator
or National Transportation Safety Board who is checking or observing flight
operations; or
(2) A certificated airman employed by the certificate holder whose duties
require an airman certificate.
Sec. 125.317 Inspector's credentials: Admission to pilots' compartment:
Forward observer's seat.
(a) Whenever, in performing the duties of conducting an inspection, an FAA
inspector presents an Aviation Safety Inspector credential, FAA Form 110A, to
the pilot in command of an airplane operated by the certificate holder, the
inspector must be given free and uninterrupted access to the pilot
compartment of that airplane. However, this paragraph does not limit the
emergency authority of the pilot in command to exclude any person from the
pilot compartment in the interest of safety.
(b) A forward observer's seat on the flight deck, or forward passenger seat
with headset or speaker, must be provided for use by the Administrator while
conducting en route inspections. The suitability of the location of the seat
and the headset or speaker for use in conducting en route inspections is
determined by the Administrator.
Sec. 125.319 Emergencies.
(a) In an emergency situation that requires immediate decision and action,
the pilot in command may take any action considered necessary under the
circumstances. In such a case, the pilot in command may deviate from
prescribed operations, procedures and methods, weather minimums, and this
chapter, to the extent required in the interests of safety.
(b) In an emergency situation arising during flight that requires immediate
decision and action by appropriate management personnel in the case of
operations conducted with a flight following service and which is known to
them, those personnel shall advise the pilot in command of the emergency,
shall ascertain the decision of the pilot in command, and shall have the
decision recorded. If they cannot communicate with the pilot, they shall
declare an emergency and take any action that they consider necessary under
the circumstances.
(c) Whenever emergency authority is exercised, the pilot in command or the
appropriate management personnel shall keep the appropriate ground radio
station fully informed of the progress of the flight. The person declaring
the emergency shall send a written report of any deviation, through the
operator's director of operations, to the Administrator within 10 days,
exclusive of Saturdays, Sundays, and Federal holidays, after the flight is
completed or, in the case of operations outside the United States, upon
return to the home base.
Sec. 125.321 Reporting potentially hazardous meteorological conditions and
irregularities of ground and navigation facilities.
Whenever the pilot in command encounters a meteorological condition or an
irregularity in a ground or navigational facility in flight, the knowledge of
which the pilot in command considers essential to the safety of other
flights, the pilot in command shall notify an appropriate ground station as
soon as practicable.
Sec. 125.323 Reporting mechanical irregularities.
The pilot in command shall ensure that all mechanical irregularities
occurring during flight are entered in the maintenance log of the airplane at
the next place of landing. Before each flight, the pilot in command shall
ascertain the status of each irregularity entered in the log at the end of
the preceding flight.
Sec. 125.325 Instrument approach procedures and IFR landing minimums.
No person may make an instrument approach at an airport except in
accordance with IFR weather minimums and unless the type of instrument
approach procedure to be used is listed in the certificate holder's
operations specifications.
Sec. 125.327 Briefing of passengers before flight.
(a) Before each takeoff, each pilot in command of an airplane carrying
passengers shall ensure that all passengers have been orally briefed on--
(1) Smoking. Each passenger shall be briefed on when, where, and under what
conditions smoking is prohibited. This briefing shall include a statement
that the Federal Aviation Regulations require passenger compliance with the
lighted passenger information signs, posted placards, areas designated for
safety purposes as no smoking areas, and crewmember instructions with regard
to these items.
(2) The use of safety belts, including instructions on how to fasten and
unfasten the safety belts. Each passenger shall be briefed on when, where,
and under what conditions the safety belt must be fastened about him or her.
This briefing shall include a statement that the Federal Aviation Regulations
require passenger compliance with lighted passenger information signs and
crewmember instructions concerning the use of safety belts.
(3) The placement of seat backs in an upright position before takeoff and
landing;
(4) Location and means for opening the passenger entry door and emergency
exits;
(5) Location of survival equipment;
(6) If the flight involves extended overwater operation, ditching
procedures and the use of required flotation equipment;
(7) If the flight involves operations above 12,000 feet MSL, the normal and
emergency use of oxygen; and
(8) Location and operation of fire extinguishers.
(b) Before each takeoff, the pilot in command shall ensure that each person
who may need the assistance of another person to move expeditiously to an
exit if an emergency occurs and that person's attendant, if any, has received
a briefing as to the procedures to be followed if an evacuation occurs. This
paragraph does not apply to a person who has been given a briefing before a
previous leg of a flight in the same airplane.
(c) The oral briefing required by paragraph (a) of this section shall be
given by the pilot in command or a member of the crew. It shall be
supplemented by printed cards for the use of each passenger containing--
(1) A diagram and method of operating the emergency exits; and
(2) Other instructions necessary for the use of emergency equipment on
board the airplane.
Each card used under this paragraph must be carried in the airplane in
locations convenient for the use of each passenger and must contain
information that is appropriate to the airplane on which it is to be used.
(d) The certificate holder shall describe in its manual the procedure to be
followed in the briefing required by paragraph (a) of this section.
(e) If the airplane does not proceed directly over water after takeoff, no
part of the briefing required by paragraph (a)(6) of this section has to be
given before takeoff but the briefing required by paragraph (a)(6) must be
given before reaching the overwater part of the flight.
[Dkt. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-17, 57
FR 42675, Sept. 15, 1992]
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
Sec. 125.329 Minimum altitudes for use of autopilot.
(a) Except as provided in paragraphs (b), (c), and (d) of this section, no
person may use an autopilot at an altitude above the terrain which is less
than 500 feet or less than twice the maximum altitude loss specified in the
approved Airplane Flight Manual or equivalent for a malfunction of the
autopilot, whichever is higher.
(b) When using an instrument approach facility other than ILS, no person
may use an autopilot at an altitude above the terrain that is less than 50
feet below the approved minimum descent altitude for that procedure, or less
than twice the maximum loss specified in the approved Airplane Flight Manual
or equivalent for a malfunction of the autopilot under approach conditions,
whichever is higher.
(c) For ILS approaches when reported weather conditions are less than the
basic weather conditions in Sec. 91.155 of this chapter, no person may use an
autopilot with an approach coupler at an altitude above the terrain that is
less than 50 feet above the terrain, or the maximum altitude loss specified
in the approved Airplane Flight Manual or equivalent for the malfunction of
the autopilot with approach coupler, whichever is higher.
(d) Without regard to paragraph (a), (b), or (c) of this section, the
Administrator may issue operations specifications to allow the use, to
touchdown, of an approved flight control guidance system with automatic
capability, if--
(1) The system does not contain any altitude loss (above zero) specified in
the approved Airplane Flight Manual or equivalent for malfunction of the
autopilot with approach coupler; and
(2) The Administrator finds that the use of the system to touchdown will
not otherwise adversely affect the safety standards of this section.
[Doc. No. 19779, 45 FR 67325, Oct. 9, 1980, as amended by Amdt. 125-12, 54 FR
34332, Aug. 18, 1989]
Effective Date Note: At 54 FR 34332, August 18, 1989, Sec. 125.329(c) was
amended by changing the cross reference "Sec. 91.105" to read "Sec. 91.155",
effective August 18, 1990.
Sec. 125.331 Carriage of persons without compliance with the passenger-
carrying provisions of this part.
The following persons may be carried aboard an airplane without complying
with the passenger-carrying requirements of this part:
(a) A crewmember.
(b) A person necessary for the safe handling of animals on the airplane.
(c) A person necessary for the safe handling of hazardous materials (as
defined in Subchapter C of Title 49 CFR).
(d) A person performing duty as a security or honor guard accompanying a
shipment made by or under the authority of the U.S. Government.
(e) A military courier or a military route supervisor carried by a military
cargo contract operator if that carriage is specifically authorized by the
appropriate military service.
(f) An authorized representative of the Administrator conducting an en
route inspection.
(g) A person authorized by the Administrator.
Sec. 125.333 Stowage of food, beverage, and passenger service equipment
during airplane movement on the surface, takeoff, and landing.
(a) No certificate holder may move an airplane on the surface, take off, or
land when any food, beverage, or tableware furnished by the certificate
holder is located at any passenger seat.
(b) No certificate holder may move an airplane on the surface, take off, or
land unless each food and beverage tray and seat back tray table is secured
in its stowed position.
(c) No certificate holder may permit an airplane to move on the surface,
take off, or land unless each passenger serving cart is secured in its stowed
position.
(d) Each passenger shall comply with instructions given by a crewmember
with regard to compliance with this section.
SUMMARY: This final rule amends the Federal Aviation Regulations by requiring
operators and certificate holders to allow the use of approved child
restraint systems and by updating certain regulations concerning passenger
and crewmember safety, attitude indicators, and check airmen. This action is
in response to requests from the public, consumer groups, and Congress;
reports from FAA inspectors; and investigations and recommendations by the
National Transportation Safety Board. The rule is intended to increase the
safety of crewmembers and passengers on board aircraft and to update other
operational amendments.
(a) No person may start a flight without authority from the person
authorized by the certificate holder to exercise operational control over the
flight.
(b) No person may start a flight unless the pilot in command or the person
authorized by the cetificate holder to exercise operational control over the
flight has executed a flight release setting forth the conditions under which
the flight will be conducted. The pilot in command may sign the flight
release only when both the pilot in command and the person authorized to
exercise operational control believe the flight can be made safely, unless
the pilot in command is authorized by the certificate holder to exercise
operational control and execute the flight release without the approval of
any other person.
(c) No person may continue a flight from an intermediate airport without a
new flight release if the airplane has been on the ground more than 6 hours.
Sec. 125.353 Facilities and services.
During a flight, the pilot in command shall obtain any additional available
information of meteorological conditions and irregularities of facilities and
services that may affect the safety of the flight.
Sec. 125.355 Airplane equipment.
No person may release an airplane unless it is airworthy and is equipped as
prescribed.
Sec. 125.357 Communication and navigation facilities.
No person may release an airplane over any route or route segment unless
communication and navigation facilities equal to those required by Sec.
125.51 are in satisfactory operating condition.
Sec. 125.359 Flight release under VFR.
No person may release an airplane for VFR operation unless the ceiling and
visibility en route, as indicated by available weather reports or forecasts,
or any combination thereof, are and will remain at or above applicable VFR
minimums until the airplane arrives at the airport or airports specified in
the flight release.
Sec. 125.361 Flight release under IFR or over-the-top.
Except as provided in Sec. 125.363, no person may release an airplane for
operations under IFR or over-the-top unless appropriate weather reports or
forecasts, or any combination thereof, indicate that the weather conditions
will be at or above the authorized minimums at the estimated time of arrival
at the airport or airports to which released.
Sec. 125.363 Flight release over water.
(a) No person may release an airplane for a flight that involves extended
overwater operation unless appropriate weather reports or forecasts, or any
combination thereof, indicate that the weather conditions will be at or above
the authorized minimums at the estimated time of arrival at any airport to
which released or to any required alternate airport.
(b) Each certificate holder shall conduct extended overwater operations
under IFR unless it shows that operating under IFR is not necessary for
safety.
(c) Each certificate holder shall conduct other overwater operations under
IFR if the Administrator determines that operation under IFR is necessary for
safety.
(d) Each authorization to conduct extended overwater operations under VFR
and each requirement to conduct other overwater operations under IFR will be
specified in the operations specifications.
Sec. 125.365 Alternate airport for departure.
(a) If the weather conditions at the airport of takeoff are below the
landing minimums in the certificate holder's operations specifications for
that airport, no person may release an airplane from that airport unless the
flight release specifies an alternate airport located within the following
distances from the airport of takeoff:
(1) Airplanes having two engines. Not more than 1 hour from the departure
airport at normal cruising speed in still air with one engine inoperative.
(2) Airplanes having three or more engines. Not more than 2 hours from the
departure airport at normal cruising speed in still air with one engine
inoperative.
(b) For the purposes of paragraph (a) of this section, the alternate
airport weather conditions must meet the requirements of the certificate
holder's operations specifications.
(c) No person may release an airplane from an airport unless that person
lists each required alternate airport in the flight release.
Sec. 125.367 Alternate airport for destination: IFR or over-the-top.
(a) Except as provided in paragraph (b) of this section, each person
releasing an airplane for operation under IFR or over-the-top shall list at
least one alternate airport for each destination airport in the flight
release.
(b) An alternate airport need not be designated for IFR or over-the-top
operations where the airplane carries enough fuel to meet the requirements of
Secs. 125.375 and 125.377 for flights outside the 48 conterminous States and
the District of Columbia over routes without an available alternate airport
for a particular airport of destination.
(c) For the purposes of paragraph (a) of this section, the weather
requirements at the alternate airport must meet the requirements of the
operator's operations specifications.
(d) No person may release a flight unless that person lists each required
alternate airport in the flight release.
Sec. 125.369 Alternate airport weather minimums.
No person may list an airport as an alternate airport in the flight release
unless the appropriate weather reports or forecasts, or any combination
thereof, indicate that the weather conditions will be at or above the
alternate weather minimums specified in the certificate holder's operations
specifications for that airport when the flight arrives.
Sec. 125.371 Continuing flight in unsafe conditions.
(a) No pilot in command may allow a flight to continue toward any airport
to which it has been released if, in the opinion of the pilot in command, the
flight cannot be completed safely, unless, in the opinion of the pilot in
command, there is no safer procedure. In that event, continuation toward that
airport is an emergency situation.
Sec. 125.373 Original flight release or amendment of flight release.
(a) A certificate holder may specify any airport authorized for the type of
airplane as a destination for the purpose of original release.
(b) No person may allow a flight to continue to an airport to which it has
been released unless the weather conditions at an alternate airport that was
specified in the flight release are forecast to be at or above the alternate
minimums specified in the operations specifications for that airport at the
time the airplane would arrive at the alternate airport. However, the flight
release may be amended en route to include any alternate airport that is
within the fuel range of the airplane as specified in Sec. 125.375 or Sec.
125.377.
(c) No person may change an original destination or alternate airport that
is specified in the original flight release to another airport while the
airplane is en route unless the other airport is authorized for that type of
airplane.
(d) Each person who amends a flight release en route shall record that
amendment.
Sec. 125.375 Fuel supply: Nonturbine and turbopropeller-powered airplanes.
(a) Except as provided in paragraph (b) of this section, no person may
release for flight or take off a nonturbine or turbopropeller-powered
airplane unless, considering the wind and other weather conditions expected,
it has enough fuel--
(1) To fly to and land at the airport to which it is released;
(2) Thereafter, to fly to and land at the most distant alternate airport
specified in the flight release; and
(3) Thereafter, to fly for 45 minutes at normal crusing fuel consumption.
(b) If the airplane is released for any flight other than from one point in
the conterminous United States to another point in the conterminous United
States, it must carry enough fuel to meet the requirements of paragraphs (a)
(1) and (2) of this section and thereafter fly for 30 minutes plus 15 percent
of the total time required to fly at normal cruising fuel consumption to the
airports specified in paragraphs (a) (1) and (2) of this section, or fly for
90 minutes at normal cruising fuel consumption, whichever is less.
(c) No person may release a nonturbine or turbopropeller-powered airplane
to an airport for which an alternate is not specified under Sec. 125.367(b)
unless it has enough fuel, considering wind and other weather conditions
expected, to fly to that airport and thereafter to fly for 3 hours at normal
cruising fuel consumption.
Sec. 125.377 Fuel supply: Turbine-engine-powered airplanes other than turbo-
propeller.
(a) Except as provided in paragraph (b) of this section, no person may
release for flight or takeoff a turbine-powered airplane (other than a
turbopropeller-powered airplane) unless, considering the wind and other
weather conditions expected, it has enough fuel--
(1) To fly to and land at the airport to which it is released;
(2) Thereafter, to fly to and land at the most distant alternate airport
specified in the flight release; and
(3) Thereafter, to fly for 45 minutes at normal cruising fuel consumption.
(b) For any operation outside the 48 conterminous United States and the
District of Columbia, unless authorized by the Administrator in the
operations specifications, no person may release for flight or take off a
turbine-engine powered airplane (other than a turbopropeller-powered
airplane) unless, considering wind and other weather conditions expected, it
has enough fuel--
(1) To fly and land at the airport to which it is released;
(2) After that, to fly for a period of 10 percent of the total time
required to fly from the airport of departure and land at the airport to
which it was released;
(3) After that, to fly to and land at the most distant alternate airport
specified in the flight release, if an alternate is required; and
(4) After that, to fly for 30 minutes at holding speed at 1,500 feet above
the alternate airport (or the destination airport if no alternate is
required) under standard temperature conditions.
(c) No person may release a turbine-engine-powered airplane (other than a
turbopropeller airplane) to an airport for which an alternate is not
specified under Sec. 125.367(b) unless it has enough fuel, considering wind
and other weather conditions expected, to fly to that airport and thereafter
to fly for at least 2 hours at normal cruising fuel consumption.
(d) The Administrator may amend the operations specifications of a
certificate holder to require more fuel than any of the minimums stated in
paragraph (a) or (b) of this section if the Administrator finds that
additional fuel is necessary on a particular route in the interest of safety.
Sec. 125.379 Landing weather minimums: IFR.
(a) If the pilot in command of an airplane has not served 100 hours as
pilot in command in the type of airplane being operated, the MDA or DH and
visibility landing minimums in the certificate holder's operations
specification are increased by 100 feet and one-half mile (or the RVR
equivalent). The MDA or DH and visibility minimums need not be increased
above those applicable to the airport when used as an alternate airport, but
in no event may the landing minimums be less than a 300-foot ceiling and 1
mile of visibility.
(b) The 100 hours of pilot-in-command experience required by paragraph (a)
may be reduced (not to exceed 50 percent) by substituting one landing in
operations under this part in the type of airplane for 1 required hour of
pilot-in-command experience if the pilot has at least 100 hours as pilot in
command of another type airplane in operations under this part.
(c) Category II minimums, when authorized in the certificate holder's
operations specifications, do not apply until the pilot in command subject to
paragraph (a) of this section meets the requirements of that paragraph in the
type of airplane the pilot is operating.
Sec. 125.381 Takeoff and landing weather minimums: IFR.
(a) Regardless of any clearance from ATC, if the reported weather
conditions are less than that specified in the certificate holder's
operations specifications, no pilot may--
(1) Take off an airplane under IFR; or
(2) Except as provided in paragraph (c) of this section, land an airplane
under IFR.
(b) Except as provided in paragraph (c) of this section, no pilot may
execute an instrument approach procedure if the latest reported visibility is
less than the landing minimums specified in the certificate holder's
operations specifications.
(c) If a pilot initiates an instrument approach procedure when the latest
weather report indicates that the specified visibility minimums exist, and a
later weather report indicating below minimums conditions is received after
the airplane--
(1) Is on an ILS final approach and has passed the outer marker,
(2) Is on final approach segment using a nonprecision approach procedure,
or
(3) Is on PAR final approach and has been turned over to the final approach
controller, the approach may be continued and a landing may be made if the
pilot in command finds, upon reaching the authorized MAP or DH, that actual
weather conditions are at least equal to the minimums prescribed in the
operations specifications.
[Doc. No. 19779, 45 FR 67235, Oct. 9, 1980, as amended by Amdt. 125-2, 46 FR
24409, Apr. 30, 1981]
Sec. 125.383 Load manifest.
(a) Each certificate holder is responsible for the preparation and accuracy
of a load manifest in duplicate containing information concerning the loading
of the airplane. The manifest must be prepared before each takeoff and must
include--
(1) The number of passengers;
(2) The total weight of the loaded airplane;
(3) The maximum allowable takeoff and landing weights for that flight;
(4) The center of gravity limits;
(5) The center of gravity of the loaded airplane, except that the actual
center of gravity need not be computed if the airplane is loaded according to
a loading schedule or other approved method that ensures that the center of
gravity of the loaded airplane is within approved limits. In those cases, an
entry shall be made on the manifest indicating that the center of gravity is
within limits according to a loading schedule or other approved method:
(6) The registration number of the airplane;
(7) The origin and destination ; and
(8) Names of passengers.
(b) The pilot in command of an airplane for which a load manifest must be
prepared shall carry a copy of the completed load manifest in the airplane to
its destination. The certificate holder shall keep copies of completed load
manifests for at least 30 days at its principal operations base, or at
another location used by it and approved by the Administrator.
Subpart L--Records and Reports
Sec. 125.401 Crewmember record.
(a) Each certificate holder shall--
(1) Maintain current records of each crewmember that show whether or not
that crewmember complies with this chapter (e.g., proficiency checks,
airplane qualifications, any required physical examinations, and flight time
records); and
(2) Record each action taken concerning the release from employment or
physical or professional disqualification of any flight crewmember and keep
the record for at least 6 months thereafter.
(b) Each certificate holder shall maintain the records required by
paragraph (a) of this section at its principal operations base, or at another
location used by it and approved by the Administrator.
(c) Computer record systems approved by the Administrator may be used in
complying with the requirements of paragraph (a) of this section.
Sec. 125.403 Flight release form.
(a) The flight release may be in any form but must contain at least the
following information concerning each flight:
(1) Company or organization name.
(2) Make, model, and registration number of the airplane being used.
(3) Date of flight.
(4) Name and duty assignment of each crewmember.
(5) Departure airport, destination airports, alternate airports, and route.
(6) Minimum fuel supply (in gallons or pounds).
(7) A statement of the type of operation (e.g., IFR, VFR).
(b) The airplane flight release must contain, or have attached to it,
weather reports, available weather forecasts, or a combination thereof.
Sec. 125.405 Disposition of load manifest, flight release, and flight plans.
(a) The pilot in command of an airplane shall carry in the airplane to its
destination the original or a signed copy of the--
(1) Load manifest required by Sec. 125.383;
(2) Flight release;
(3) Airworthiness release; and
(4) Flight plan, including route.
(b) If a flight originates at the principal operations base of the
certificate holder, it shall retain at that base a signed copy of each
document listed in paragraph (a) of this section.
(c) Except as provided in paragraph (d) of this section, if a flight
originates at a place other than the principal operations base of the
certificate holder, the pilot in command (or another person not aboard the
airplane who is authorized by the operator) shall, before or immediately
after departure of the flight, mail signed copies of the documents listed in
paragraph (a) of this section to the principal operations base.
(d) If a flight originates at a place other than the principal operations
base of the certificate holder and there is at that place a person to manage
the flight departure for the operator who does not depart on the airplane,
signed copies of the documents listed in paragraph (a) of this section may be
retained at that place for not more than 30 days before being sent to the
principal operations base of the certificate holder. However, the documents
for a particular flight need not be further retained at that place or be sent
to the principal operations base, if the originals or other copies of them
have been previously returned to the principal operations base.
(e) The certificate holder shall:
(1) Identify in its operations manual the person having custody of the
copies of documents retained in accordance with paragraph (d) of this
section; and
(2) Retain at its principal operations base either the original or a copy
of the records required by this section for at least 30 days.
Sec. 125.407 Maintenance log: Airplanes.
(a) Each person who takes corrective action or defers action concerning a
reported or observed failure or malfunction of an airframe, aircraft engine,
propeller, or appliance shall record the action taken in the airplane
maintenance log in accordance with Part 43 of this chapter.
(b) Each certificate holder shall establish a procedure for keeping copies
of the airplane maintenance log required by this section in the airplane for
access by appropriate personnel and shall include that procedure in the
manual required by Sec. 125.249.
Sec. 125.409 Reports of defects or unairworthy conditions.
(a) Each certificate holder shall report the occurrence or detection of
each failure, malfunction, or defect, in a form and manner prescribed by the
Administrator.
(b) The report must be made within 72 hours to the FAA Flight Standards
district office in whose area the certificate holder has its principal
operations base. The procedures to be used in complying with this section
must be made a part of the manual procedures required by Sec. 125.73(f).
Sec. 125.411 Airworthiness release or maintenance record entry.
(a) No certificate holder may operate an airplane after maintenance,
preventive maintenance, or alteration is performed on the airplane unless the
person performing that maintenance, preventive maintenance, or alteration
prepares or causes to be prepared--
(1) An airworthiness release; or
(2) An entry in the aircraft maintenance records in accordance with the
certificate holder's manual.
(b) The airworthiness release or maintenance record entry required by
paragraph (a) of this section must--
(1) Be prepared in accordance with the procedures set forth in the
certificate holder's manual;
(2) Include a certification that--
(i) The work was performed in accordance with the requirements of the
certificate holder's manual;
(ii) All items required to be inspected were inspected by an authorized
person who determined that the work was satisfactorily completed;
(iii) No known condition exists that would make the airplane unairworthy;
and
(iv) So far as the work performed is concerned, the airplane is in
condition for safe operation; and
(3) Be signed by a person authorized in Part 43 of this chapter to perform
maintenance, preventive maintenance, and alteration.
(c) When an airworthiness release form is prepared, the certificate holder
must give a copy to the pilot in command and keep a record of it for at least
60 days.
(d) Instead of restating each of the conditions of the certification
required by paragraph (b) of this section, the certificate holder may state
in its manual that the signature of a person authorized in Part 43 of this
chapter constitutes that certification.
