PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF U.S.-
REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
Special Federal Aviation Regulation No. 38-2 [Note]
Sec.
129.1 Applicability.
129.11 Operations specifications.
129.13 Airworthiness and registration certificates.
129.14 Maintenance program and minimum equiupment list requirements for
U.S.-registered aircraft.
129.15 Flight crewmember certificates.
129.17 Radio equipment.
129.18 Traffic Alert and Collision Avoidance System.
129.19 Air traffic rules and procedures.
129.21 Control of traffic.
129.23 Transport category cargo service airplanes: Increased zero fuel and
landing weights.
129.25 Airplane security.
129.26 Use of X-ray system.
129.27 Prohibition against carriage of weapons.
129.29 Prohibition against smoking.
Appendix A to Part 129--Application for Operations Specifications by Foreign
Air Carriers
Authority: 49 U.S.C. App. 1346, 1354(a), 1356, 1357, 1421, 1502, 1511, and
1522; 49 U.S.C. 106(g) (revised Pub. L. 97-449, January 12, 1983).
EDITORIAL NOTE: For the text of SFAR No. 38-2, see Part 121 of this
chapter.
Sec. 129.1 Applicability.
(a) Except as provided in paragraph (b) of this section, this part
prescribes rules governing the operation within the United States of each
foreign air carrier holding a permit issued by the Civil Aeronautics Board or
the Department of Transportation under section 402 of the Federal Aviation
Act of 1958 (49 U.S.C. 1372) or other appropriate economic or exemption
authority issued by the Civil Aeronautics Board or the Department of
Transportation.
(b) Section 129.14 also applies to U.S.-registered aircraft operated in
common carriage by a foreign person or foreign air carrier solely outside the
United States. For the purpose of this part, a foreign person is any person,
not a citizen for the United States, who operates a U.S.-registered aircraft
in common carriage solely outside the United States.
[Doc. No. 24856, Amdt. 129-14, 52 FR 20029, May 28, 1987]
Sec. 129.11 Operations specifications.
(a) Each foreign air carrier shall conduct its operations within the United
States in accordance with operations specifications issued by the
Administrator under this part and in accordance with the Standards and
Recommended Practices contained in Part I (International Commercial Air
Transport) of Annex 6 (Operation of Aircraft) to the Convention on
International Civil Aviation Organization. Operations specifications shall
include:
(1) Airports to be used;
(2) Routes or airways to be flown, and
(3) Such operations rules and practices as are necessary to prevent
collisions between foreign aircraft and other aircraft.
(4) Registration marketings of each U.S.-registered aircraft.
(b) An application for the issue or amendment of operations specifications
must be submitted in duplicate, at least 30 days before beginning operations
in the United States, to the Flight Standards District Office in the area
where the applicant's principal business office is located or to the Regional
Flight Standards Division Manager having jurisdiction over the area to be
served by the operations. If a military airport of the United States is to be
used as a regular, alternate, refueling, or provisional airport, the
applicant must obtain written permission to do so from the Washington
Headquarters of the military organization concerned and submit two copies of
that written permission with his application. Detailed requirements governing
applications for the issue or amendment of operations specifications are
contained in Appendix A.
(c) No person operating under this part may operate or list on its
operations specifications any airplane listed on operations specifications
issued under Part 125.
Sec. 129.13 Airworthiness and registration certificates.
(a) No foreign air carrier may operate any aircraft within the United
States unless that aircraft carries current registration and airworthiness
certificates issued or validated by the country of registry and displays the
nationality and registration markings of that country.
(b) No foreign air carrier may operate a foreign aircraft within the United
States except in accordance with the limitations on maximum certificated
weights prescribed for that aircraft and that operation by the country of
manufacture of the aircraft.
Sec. 129.14 Maintenance program and minimum equipment list requirements for
U.S.-registered aircraft.
(a) Each foreign air carrier and each foreign person operating a U.S.-
registered aircraft within or outside the United States in common carriage
shall ensure that each aircraft is maintained in accordance with a program
approved by the Administrator.
(b) No foreign air carrier or foreign person may operate a U.S.-registered
aircraft with inoperable instruments or equipment unless the following
conditions are met:
(1) A master minimum equipment list exists for the aircraft type.
(2) The foreign operator submits for review and approval its aircraft
minimum equipment list based on the master minimum equipment list, to the FAA
Flight Standards District Office having geographic responsibility for the
operator. The foreign operator must show, before minimum equipment list
approval can be obtained, that the maintenance procedures used under its
maintenance program are adequate to support the use of its minimum equipment
list.
(3) For leased aircraft maintained and operated under a U.S. operator's
continuous airworthiness maintenance program and FAA-approved minimum
equipment list, the foreign operator submits the U.S. operator's approved
continuous airworthiness maintenance program and approved aircraft minimum
equipment list to the FAA office prescribed in paragraph (b)(2) of this
section for review and evaluation. The foreign operator must show that it is
capable of operating under the lessor's approved maintenance program and that
it is also capable of meeting the maintenance and operational requirements
specified in the lessor's approved minimum equipment list.
(4) The FAA letter of authorization permitting the operator to use an
approved minimum equipment list is carried aboard the aircraft. The minimum
equipment list and the letter of authorization constitute a supplemental type
certificate for the aircraft.
(5) The approved minimum equipment list provides for the operation of the
aircraft with certain instruments and equipment in an inoperable condition.
(6) The aircraft records available to the pilot must include an entry
describing the inoperable instruments and equipment.
(7) The aircraft is operated under all applicable conditions and
limitations contained in the minimum equipment list and the letter
authorizing the use of the list.
No person may act as a flight crewmember unless he holds a current
certificate or license issued or validated by the country in which that
aircraft is registered, showing his ability to perform his duties connected
with operating that aircraft.
[Amdt. 129-3, 30 FR 16074, Dec. 24, 1965]
Sec. 129.17 Radio equipment.
(a) Subject to the applicable laws and regulations governing ownership and
operation of radio equipment, each foreign air carrier shall equip its
aircraft with such radio equipment as is necessary to properly use the air
navigation facilities, and to maintain communications with ground stations,
along or adjacent to their routes in the United States.
(b) Whenever VOR navigational equipment is required by paragraph (a) of
this section, at least one distance measuring equipment unit (DME), capable
of receiving and indicating distance information from the VORTAC facilities
to be used, must be installed on each airplane when operated at or above
24,000 feet MSL within the 50 states, and the District of Columbia.
[Doc. No. 1994, 29 FR 1720, Feb. 5, 1964, as amended by Amdt. 129-2, 30 FR
10288, Aug. 19, 1965, Amdt. 129-7, 41 FR 47230, Oct. 30, 1976]
Sec. 129.18 Traffic Alert and Collision Avoidance System.
(a) After December 30, 1993, no foreign air carrier may operate in the
United States a turbine powered airplane that has a maximum passenger seating
configuration, excluding any pilot seat, of more than 30 seats unless it is
equipped with--
(1) A TCAS II traffic alert and collision avoidance system capable of
coordinating with TCAS units that meet the specifications of TSO C-119, and
(2) The appropriate class of Mode S transponder.
(b) After February 9, 1995, no foreign air carrier may operate in the
United States a turbine powered airplane that has a passenger seating
configuration, excluding any pilot seat, of 10 to 30 seats unless it is
equipped with a traffic alert and collision avoidance system. If a TCAS II
system is installed, it must be capable of coordinating with TCAS units that
meet the specifications of TSO C-119.
[Doc. No. 25355, 54 FR 951, Jan. 10, 1989, as amended at Amdt. 129-21, 55 FR
13247, Apr. 9, 1990]
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) Each pilot must be familiar with the applicable rules, the navigational
and communications facilities, and the air traffic control and other
procedures, of the areas to be traversed by him within the United States.
(b) Each foreign air carrier shall establish procedures to assure that each
of its pilots has the knowledge required by paragraph (a) of this section and
shall check the ability of each of its pilots to operate safely according to
applicable rules and procedures.
(c) Each foreign air carrier shall conform to the practices, procedures,
and other requirements prescribed by the Administrator for U.S. air carriers
for the areas to be operated in.
Sec. 129.21 Control of traffic.
(a) Subject to applicable immigration laws and regulations, each foreign
air carrier shall furnish the ground personnel necessary to provide for two-
way voice communication between its aircraft and ground stations, at places
where the Administrator finds that voice communication is necessary and that
communications cannot be maintained in a language with which ground station
operators are familiar.
(b) Each person furnished by a foreign air carrier under paragraph (a) of
this section must be able to speak both English and the language necessary to
maintain communications with the aircraft concerned, and shall assist ground
personnel in directing traffic.
Sec. 129.23 Transport category cargo service airplanes: Increased zero fuel
and landing weights.
(a) Notwithstanding the applicable structural provisions of the transport
category airworthiness regulations, but subject to paragraphs (b) through (g)
of this section, a foreign air carrier may operate (for cargo service only)
any of the following transport category airplanes (certificated under Part 4b
of the Civil Air Regulations effective before March 13, 1956) at increased
zero fuel and landing weights--
(1) DC-6A, DC-6B, DC-7B, and DC-7C; and
(2) L-1049 B, C, D, E, F, G, and H, and the L-1649A when modified in
accordance with supplemental type certificate SA 4-1402.
(b) The zero fuel weight (maximum weight of the airplane with no disposable
fuel and oil) and the structural landing weight may be increased beyond the
maximum approved in full compliance with applicable rules only if the
Administrator finds that--
(1) The increase is not likely to reduce seriously the structural strength;
(2) The probability of sudden fatigue failure is not noticeably increased;
(3) The flutter, deformation, and vibration characteristics do not fall
below those required by applicable regulations; and
(4) All other applicable weight limitations will be met.
(c) No zero fuel weight may be increased by more than five percent, and the
increase in the structural landing weight may not exceed the amount, in
pounds, of the increase in zero fuel weight.
(d) Each airplane must be inspected in accordance with the approved special
inspection procedures, for operations at increased weights, established and
issued by the manufacturer of the type of airplane.
(e) A foreign air carrier may not operate an airplane under this section
unless the country of registry requires the airplane to be operated in
accordance with the passenger-carrying transport category performance
operating limitations in Part 121 or the equivalent.
(f) The Airplane Flight Manual for each airplane operated under this
section must be appropriately revised to include the operating limitations
and information needed for operation at the increased weights.
(g) Each airplane operated at an increased weight under this section must,
before it is used in passenger service, be inspected under the special
inspection procedures for return to passenger service established and issued by
the manufacturer and approved by the Administrator.
[Amdt. 129-1, 29 FR 19098, Dec. 30, 1964]
Sec. 129.25 Airplane security.
(a) The following are definitions of terms used in this section:
(1) "Approved security program" means a security program required by Part
108 of this title approved by the Administrator.
(2) "Certificate holder" means a person holding an FAA air carrier
operating certificate or operating certificate when that person engages in
scheduled passenger or public charter operations, or both.
(3) "Passenger seating configuration" means the total number of seats for
which the aircraft is type certificated that can be made available for
passenger use aboard a flight and includes that seat in certain airplanes
which may be used by a representative of the Administrator to conduct flight
checks but is available for revenue purposes on other occasions.
(4) "Private charter" means any charter for which the charterer engages the
total capacity of an airplane for the carriage only of:
(i) Passengers in civil or military air movements conducted under contract
with the Government of the United States or the Government of a foreign
country; or
(ii) Passengers invited by the charterer, the cost of which is borne
entirely by the charterer and not directly or indirectly by the individual
passengers.
(5) "Public charter" means any charter that is not a "private charter."
(6) "Scheduled passenger operations" means holding out to the public of air
transportation service for passengers from identified air terminals at a set
time announced by timetable or schedule published in a newspaper, magazine,
or other advertising medium.
(7) "Sterile area" means an area to which access is controlled by the
inspection of persons and property in accordance with an approved security
program or a security program used in accordance with Sec. 129.25.
(b) Each foreign air carrier landing or taking off in the United States
shall adopt and use a security program, for each scheduled and public charter
passenger operation, that meets the requirements of--
(1) Paragraph (c) of this section for each operation with an airplane
having a passenger seating configuration of more than 60 seats;
(2) Paragraph (c) of this section for each operation that will provide
deplaned passengers access, that is not controlled by a certificate holder
using an approved security program or a foreign air carrier using a security
program required by this section, to a sterile area;
(3) Paragraph (c) of this section for each operation with an airplane
having a passenger seating configuration of more than 30 seats but less than
61 seats for which the FAA has notified the foreign air carrier that a threat
exists; and
(4) Paragraph (d) of this section for each operation with an airplane
having a passenger seating configuration of more than 30 seats but less than
61 seats, when the the Director of Civil Aviation Security or a designate of
the Director has not notified the foreign air carrier in writing that a
threat exists with respect to that operation.
(c) Each security program required by paragraph (b) (1), (2), or (3) of
this section shall be designed to--
(1) Prevent or deter the carriage aboard airplanes of any explosive,
incendiary device or a deadly or dangerous weapon on or about each
individual's person or accessible property, except as provided in Sec. 129.27
of this part, through screening by weapon-detecting procedures or facilities;
(2) Prohibit unauthorized access to airplanes;
(3) Ensure that baggage is accepted by a responsible agent of the foreign
air carrier; and
(4) Prevent cargo and checked baggage from being loaded aboard its
airplanes unless handled in accordance with the foreign air carrier's
security procedures.
(d) Each security program required by paragraph (b)(4) of this section
shall include the procedures used to comply with the applicable requirements
of paragraphs (h)(2) and (i) of this section regarding law enforcement
officers.
(e) Each foreign air carrier required to adopt and use a security program
pursuant to paragraph (b) of this section shall have a security program
acceptable to the Administrator. A foreign air carrier's security program is
acceptable only if the Administrator finds that the security program provides
passengers a level of protection similar to the level of protection provided
by U.S. air carriers serving the same airports. Foreign air carriers shall
employ procedures equivalent to those required of U.S. air carriers serving
the same airport if the Administrator determines that such procedures are
necessary to provide passengers a similar level of protection. The following
procedures apply for acceptance of a security program by the Administrator:
(1) Unless otherwise authorized by the Administrator, each foreign air
carrier required to have a security program by paragraph (b) of this section
shall submit its program to the Administrator at least 90 days before the
intended date of passenger operations. The proposed security program must be
in English unless the Administrator requests that the proposed program be
submitted in the official language of the foreign air carrier's country. The
Administrator will notify the foreign air carrier of the security program's
acceptability, or the need to modify the proposed security program for it to
be acceptable under this part, within 30 days after receiving the proposed
security program. The foreign air carrier may petition the Administrator to
reconsider the notice to modify the security program within 30 days after
receiving a notice to modify.
(2) In the case of a security program previously found to be acceptable
pursuant to this section, the Administrator may subsequently amend the
security program in the interest of safety in air transportation or in air
commerce and in the public interest within a specified period of time. In
making such an amendment, the following procedures apply:
(i) The Administrator notifies the foreign air carrier, in writing, of a
proposed amendment, fixing a period of not less than 45 days within which the
foreign air carrier may submit written information, views, and arguments on
the proposed amendment.
(ii) At the end of the comment period, after considering all relevant
material, the Administrator notifies the foreign air carrier of any amendment
to be adopted and the effective date, or rescinds the notice of proposed
amendment. The foreign air carrier may petition the Administrator to
reconsider the amendment, in which case the effective date of the amendment
is stayed until the Administrator reconsiders the matter.
(3) If the Administrator finds that there is an emergency requiring
immediate action with respect to safety in air transportation or in air
commerce that makes the procedures in paragraph (e)(2) of this section
impractical or contrary to the public interest, the Administrator may issue
an amendment to the foreign air carrier security program, effective without
stay on the date the foreign air carrier receives notice of it. In such a
case, the Administrator incorporates in the notice of amendment the finding
and a brief statement of the reasons for the amendment.
(4) A foreign air carrier may submit a request to the Administrator to
amend its security program. The requested amendment must be filed with the
Administrator at least 45 days before the date the foreign carrier proposes
that the amendment would become effective, unless a shorter period is allowed
by the Administrator. Within 30 days after receiving the requested amendment,
the Administrator will notify the foreign air carrier whether the amendment
is acceptable. The foreign air carrier may petition the Administrator to
reconsider a notice of unacceptability of the requested amendment within 45
days after receiving notice of unacceptability.
(5) Each foreign air carrier required to use a security program by
paragraph (b) of this section shall, upon request of the Administrator and in
accordance with the applicable law, provide information regarding the
implementation and operation of its security program.
(f) No foreign air carrier may land or take off an airplane in the United
States, in passenger operations, after receiving a bomb or air piracy threat
against that airplane, unless the following actions are taken:
(1) If the airplane is on the ground when a bomb threat is received and the
next scheduled flight of the threatened airplane is to or from a place in the
United States, the foreign air carrier ensures that the pilot in command is
advised to submit the airplane immediately for a security inspection and an
inspection of the airplane is conducted before the next flight.
(2) If the airplane is in flight to a place in the United States when a
bomb threat is received, the foreign air carrier ensures that the pilot in
command is advised immediately to take the emergency action necessary under
the circumstances and a security inspection of the airplane is conducted
immediately after the next landing.
(3) If information is received of a bomb or air piracy threat against an
airplane engaged in an operation specified in paragraph (f)(1) or (f)(2) of
this section, the foreign air carrier ensures that notification of the threat
is given to the appropriate authorities of the State in whose territory the
airplane is located or, if in flight, the appropriate authorities of the
State in whose territory the airplane is to land.
(g) Each foreign air carrier conducting an operation for which a security
program is required by paragraph (b) (1), (2), or (3) of this section shall
refuse to transport--
(1) Any person who does not consent to a search of his or her person in
accordance with the security program; and
(2) Any property of any person who does not consent to a search or
inspection of that property in accordance with the security program.
(h) At airports within the United States not governed by Part 107 of this
chapter, each foreign air carrier engaging in public charter passenger
operations shall--
(1) When using a screening system required by paragraph (b) of this
section, provide for law enforcement officers meeting the qualifications and
standards, and in the number and manner, specified in Part 107; and
(2) When using an airplane having a passenger seating configuration of more
than 30 but less than 61 seats for which a screening system is not required
by paragraph (b) of this section, arrange for law enforcement officers
meeting the qualifications and standards specified in Part 107 to be
available to respond to an incident and provide to appropriate employees,
including crewmembers, current information with respect to procedures for
obtaining law enforcement assistance at that airport.
(i) At airports governed by Part 107 of this chapter, each foreign air
carrier engaging in scheduled passenger operations or public charter
passenger operations when using an airplane with a passenger seating
configuration of more than 30 but less than 61 seats for which a screening
system is not required by paragraph (b) of this section shall arrange for law
enforcement officers meeting the qualifications and standards specified in
Part 107 to be available to respond to an incident and provide to appropriate
employees, including crewmembers, current information with respect to
procedures for obtaining law enforcement assistance at that airport.
(j) Unless otherwise authorized by the Administrator, each foreign air
carrier required to conduct screening under this part shall use procedures,
facilities, and equipment for detecting explosives, incendiaries, and deadly
or dangerous weapons to inspect each person entering a sterile area at each
preboarding screening checkpoint in the United States for which it is
responsible, and to inspect all accessible property under that person's
control.
*****************************************************************************
56 FR 30122, No. 126, July 1, 1991
SUMMARY: The FAA is amending the Federal Aviation Regulations to require
foreign air carriers that land or take off in the United States to provide
passengers a level of protection similar to the level of protection provided
by U.S. air carriers at the same airport. To ensure that foreign air carrier
security programs contain procedures which provide a similar level of
protection, the Administrator could amend those programs according to the
procedures in this rule. This action is needed to ensure that appropriate
security measures are implemented by foreign air carriers operating into and
out of the United States. This action also implements Congressional
legislation enacted on November 16, 1990. The intended effect of this rule is
to increase the safety and security of passengers aboard foreign air carriers
on flights to and from the United States by reducing the risk of fatalities
and property damage attributable to criminal acts against civil aviation.
(a) No foreign air carrier may use an X-ray system in the United States to
inspect carry-on and checked articles unless:
(1) For a system manufactured prior to April 25, 1974, it meets either the
guidelines issued by the Food and Drug Administration (FDA), Department of
Health, Education, and Welfare and published in the Federal Register (38 FR
21442, August 8, 1973); or the performance standards for cabinet X-ray
systems designed primarily for the inspection of carry-on baggage issued by
the FDA and published in 21 CFR 1020.40 (39 FR 12985, April 10, 1974);
(2) For a system manufactured after April 24, 1974, it meets the standards
for cabinet X-ray systems designed primarily for the inspection of carry-on
baggage issued by the FDA and published in 21 CFR 1020.40 (39 FR 12985, April
10, 1974);
(3) A program for initial and recurrent training of operators of the system
has been established, which includes training in radiation safety, the
efficient use of X-ray systems, and the identification of weapons and other
dangerous articles;
(4) Procedures have been established to ensure that such operator of the
system will be provided with an individual personnel dosimeter (such as a
film badge or thermoluminescent dosimeter). Each dosimeter used will be
evaluated at the end of each calendar month, and records of operator duty
time and the results of dosimeter evaluations will be maintained by the
foreign air carrier; and
(5) The system meets the imaging requirements set forth in an accepted
Foreign Air Carrier Security Program using the step wedge specified in
American Society for Testing and Materials Standard F792-82.
(b) No foreign air carrier may use an X-ray system as specified in
paragraph (a) of this section--
(1) Unless within the preceding 12 calendar months a radiation survey has
been conducted which shows that the system meets the applicable performance
standards in 21 CFR 1020.40 or guidelines published by the Food and Drug
Administration in the Federal Register of August 8, 1973 (38 FR 21442);
(2) After the system is initially installed or after it has been moved from
one location to another, unless a radiation survey is conducted which shows
that the system meets the applicable performance standards in 21 CFR 1020.40
or guidelines published by the Food and Drug Administration in the Federal
Register on August 8, 1973 (38 FR 21442); except that a radiation survey is
not required for an X-ray system that is moved to another location, if the
foreign air carrier shows that the system is so designed that it can be moved
without altering its performance:
(3) That is not in full compliance with any defect notice or modification
order issued for that system by the Food and Drug Administration, Department
of Health, Education, and Welfare, unless that Administration has advised the
FAA that the defect or failure to comply is not such as to create a
significant risk or injury, including genetic injury, to any person; and
(4) Unless a sign is posted in a conspicuous place at the screening station
and on the X-ray system which notifies passengers that carry-on and checked
articles are being inspected by an X-ray system and advises them to remove
all X-ray, scientific, and high-speed film from their carry-on and checked
articles before inspection. This sign shall also advise passengers that they
may request an inspection to be made of their photographic equipment and film
packages without exposure to an X-ray system. If the X-ray system exposes any
carry-on or checked articles to more than 1 milliroentgen during the
inspection, the foreign air carrier shall post a sign which advises
passengers to remove film of all kinds from their articles before inspection.
If requested by passengers, their photographic equipment and film packages
shall be inspected without exposure to an X-ray system.
(c) Each foreign air carrier shall maintain at least one copy of the
results of the most recent radiation survey conducted under paragraph (b)(1)
or (b)(2) of this section at the place where the X-ray system is in operation
and shall make it available for inspection upon request by the Administrator.
(d) The American Society for Testing and Materials Standard F792-82,
"Design and Use of Ionizing Radiation Equipment for the Detection of Items
Prohibited in Controlled Access Areas," described in this section is
incorporated by reference herein and made a part hereof pursuant to 5 U.S.C.
552(a)(1). All persons affected by these amendments may obtain copies of the
standard from the American Society for Testing and Materials, 1916 Race
Street, Philadelphia, PA 19103. In addition, a copy of the standard may be
examined at the FAA Rules Docket, Docket No. 24115, 800 Independence Avenue
SW., Washington, DC, weekdays, except Federal holidays, between 8:30 a.m. and
5 p.m.
[Doc. No. 15286, Amdt. 129-6, 41 FR 30106, July 22, 1976, as amended by Amdt.
129-8, 43 FR 11978, Mar. 23, 1978; Amdt. 129-10, 44 FR 54467, Sept. 20, 1979;
Amdt. 129-13, 50 FR 25657, June 20, 1985; Doc. No. 26268, Amdt. No. 129-23,
56 FR 48374, Sept. 24, 1991]
SUMMARY: The FAA is amending the airplane operator security regulations by
removing the exception to meeting the current X-ray imaging standard for X-
ray screening systems in use prior to July 22, 1985. Each United States air
carrier conducting screening under a mandatory security program will be
required to use only X-ray systems that meet the current X-ray imaging
standard required under its approved security program to screen carry-on and
checked articles. Likewise, each foreign air carrier that lands or takes off
in the United States will be required to use only X-ray screening systems
that meet the current X-ray imaging standard under its accepted security
program to screen carry-on and checked articles in the United States. This
action is needed due to the increased sophistication of terrorist acts. The
intended effect is to increase the safety of passengers and crewmembers
aboard aircraft by providing an upgraded aid at airport screening points to
prevent the carriage of explosives, incendiaries, or deadly or dangerous
weapons.
Sec. 129.27 Prohibition against carriage of weapons.
(a) No person may, while on board an aircraft being operated by a foreign
air carrier in the United States, carry on or about his person a deadly or
dangerous weapon, either concealed or unconcealed. This paragraph does not
apply to--
(1) Officials or employees of the state of registry of the aircraft who are
authorized by that state to carry arms; and
(2) Crewmembers and other persons authorized by the foreign air carrier to
carry arms.
(b) No foreign air carrier may knowingly permit any passenger to carry, nor
may any passenger carry, while aboard an aircraft being operated in the
United States by that carrier, in checked baggage, a deadly or dangerous
weapon, unless:
(1) The passenger has notified the foreign air carrier before checking the
baggage that the weapon is in the baggage; and
(2) The baggage is carried in an area inaccessible to passengers.
No person may smoked and no operator shall permit smoking in the passenger
cabin or lavatory during any scheduled airline flight segment in air
transportation or intrastate air transportation which is:
(a) Between any two points within Puerto Rico, the United States Virgin
Islands, the District of Columbia, or any State of the United States (other
than Alaska or Hawaii) or between any two points in any one of the above-
mentioned jurisdictions (other than Alaska or Hawaii);
(b) Within the State of Alaska or within the State of Hawaii; or
(c) Scheduled in the current Worldwide or North American Edition of the
Official Airline Guide for 6 hours or less in duration and between any point
listed in paragraph (a) of this section and any point in Alaska or Hawaii, or
between any point in Alaska and any point in Hawaii.
SUMMARY: This rule implements the prohibition against smoking contained in
Public Law 101-164 enacted on November 21, 1989. This legislation makes it
unlawful for any person to smoke in the passenger cabin or lavatory of an
airplane during most scheduled flight segments in the United States. The
statutory prohibition applies to U.S. and foreign air carriers.
In addition to implementing the smoking prohibition, this rule amends the
Federal Aviation Regulations to conform with an amendment to the Federal
Aviation Act of 1958 that prohibits persons from tampering with smoke
detectors installed in airplane lavatories.
Appendix A to Part 129--Application for Operations Specifications by Foreign
Air Carriers
(a) General. Each application must be executed by an authorized officer or
employee of the applicant having knowledge of the matter set forth therein,
and must have attached thereto two copies of the appropriate written
authority issued to that officer or employee by the applicant. Negotiations
for permission to use airports under U.S. military jurisdiction is effected
through the respective embassy of the foreign government and the United
States Department of State.
(b) Format of application. The following outline must be followed in
completing the information to be submitted in the application.
Application for Foreign Air Carrier Operations Specifications
(OUTLINE)
In accordance with the Federal Aviation Act of 1958 (49 U.S.C. 1372) and
Part 129 of the Federal Air Regulations, application is hereby made for the
issuance of Foreign Operations Specifications.
Give exact name and full post office address of applicant.
Give the name, title, and post office address (within the United States if
possible) of the official or employee to whom correspondence in regard to the
application is to be addressed.
Unless otherwise specified, the applicant must submit the following
information only with respect to those parts of his proposed operations that
will be conducted within the United States.
Section I. Operations. State whether the operation proposed is day or
night, visual flight rules, instrument flight rules, or a particular
combination thereof.
Sec. II. Operational plans. State the route by which entry will be made
into the United States, and the route to be flown therein.
Sec. III. A. Route. Submit a map suitable for aerial navigation upon which
is indicated the exact geographical track of the proposed route from the last
point of foreign departure to the United States terminal, showing the regular
terminal, and alternate airports, and radio navigational facilities. This
material will be indicated in a manner that will facilitate identification.
The applicant may use any method that will clearly distinguish the
information, such as different colors, different types of lines, etc. For
example, if different colors are used, the identification will be
accomplished as follows:
1. Regular route: Black.
2. Regular terminal airport: Green circle.
3. Alternate airports: Orange circle.
4. The location of radio navigational facilities which will be used in
connection with the proposed operation, indicating the type of facility to be
used, such as radio range ADF, VOR, etc.
B. Airports. Submit the following information with regard to each regular
terminal and alternate to be used in the conduct of the proposed operation:
1. Name of airport or landing area.
2. Location (direction distance to and name of nearest city or town).
Sec. IV. Radio facilities: Communications. List all ground radio
communication facilities to be used by the applicant in the conduct of the
proposed operations within the United States and over that portion of the
route between the last point of foreign departure and the United States.
Sec. V. Aircraft. Submit the following information in regard to each type
and model aircraft to be used.
A. Aircraft.
1. Manufacturer and model number.
2. State of origin.
3. Single-engine or multiengine. If multiengine, indicate number of
engines.
4. What is the maximum takeoff and landing weight to be used for each type
of aircraft?
5. Registration markings of each U.S.-registered aircraft.
B. Aircraft Radio. List aircraft radio equipment necessary for instrument
operation within the United States.
C. Licensing. State name of country by whom aircraft are certificated.
Sec. VI. Airmen. List the following information with respect to airmen to
be employed in the proposed operation within the United States.
A. State the type and class of certificate held by each flight crewmember.
B. State whether or not pilot personnel have received training in the use
of navigational facilities necessary for en route operation and instrument
letdowns along or adjacent to the route to be flown within the United States.
C. State whether or not personnel are familiar with those parts of the
Federal Air Regulations pertaining to the conduct of foreign air carrier
operations within the United States.
D. State whether pilot personnel are able to speak and understand the
English language to a degree necessary to enable them to properly communicate
with Airport Traffic Control Towers and Airway Radio Communication Stations
using radiotelephone communications.
Sec. VII. Dispatchers.
A. Describe briefly the dispatch organization which you propose to set up
for air carrier operations within the United States.
B. State whether or not the dispatching personnel are familiar with the
rules and regulations prescribed by the Federal Air Regulations governing air
carrier operations.
C. Are dispatching personnel able to read and write the English language to
a degree necessary to properly dispatch flights within the United States?
D. Are dispatching personnel certificated by the country of origin?
Sec. VIII. Additional Data.
A. Furnish such additional information and substantiating data as may serve
to expedite the issuance of the operations specifications.
B. Each application shall be concluded with a statement as follows:
I certify that the above statements are true.
Signed this ------ day of ------ 19----
------------------------ (Name of Applicant)---------------------------------
By---------------------------------------------------------------------------
(Name of person duly authorized to execute this application on behalf of the
applicant.)
