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 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
Special Federal Aviation Regulations
SFAR No. 36
SFAR No. 38-2
SFAR No. 41
SFAR No. 50-2
SFAR No. 52--Extension of Compliance Date of Seat Cushion
Flammability Regulation for Large Airplanes Operated Under
Part 135 in Other Than Commuter Air Carrier Operations
SFAR No. 58
Subpart A--General
Sec. 135.1 Applicability.
Sec. 135.2 Air taxi operations with large aircraft.
Sec. 135.3 Rules applicable to operations subject to this part.
Sec. 135.5 Certificate and operations specifications required.
Sec. 135.7 Applicability of rules to unauthorized operators.
Sec. 135.9 Duration of certificate.
Sec. 135.10 Compliance dates for certain rules.
Sec. 135.11 Application and issue of certificate and operations
specifications.
Sec. 135.13 Eligibility for certificate and operations
specifications.
Sec. 135.15 Amendment of certificate.
Sec. 135.17 Amendment of operations specifications.
Sec. 135.19 Emergency operations.
Sec. 135.21 Manual requirements.
Sec. 135.23 Manual contents.
Sec. 135.25 Aircraft requirements.
Sec. 135.27 Business office and operations base.
Sec. 135.29 Use of business names.
Sec. 135.31 Advertising.
Sec. 135.33 Area limitations on operations.
Sec. 135.35 Termination of operations.
Sec. 135.37 Management personnel required.
Sec. 135.39 Management personnel qualifications.
Sec. 135.41 Carriage of narcotic drugs, marihuana, and
depressant or stimulant drugs or substances.
Sec. 135.43 Crewmember certificate: International operations:
Application and issue.
Subpart B--Flight Operations
Sec. 135.61 General.
Sec. 135.63 Recordkeeping requirements.
Sec. 135.65 Reporting mechanical irregularities.
Sec. 135.67 Reporting potentially hazardous meteorological
conditions and irregularities of communications or
navigation facilities.
Sec. 135.69 Restriction or suspension of operations:
Continuation of flight in an emergency.
Sec. 135.71 Airworthiness check.
Sec. 135.73 Inspections and tests.
Sec. 135.75 Inspectors credentials: admission to pilots'
compartment: Forward observer's seat.
Sec. 135.77 Responsibility for operational control.
Sec. 135.79 Flight locating requirements.
Sec. 135.81 Informing personnel of operational information and
appropriate changes.
Sec. 135.83 Operating information required.
Sec. 135.85 Carriage of persons without compliance with the
passenger- carrying provisions of this part.
Sec. 135.87 Carriage of cargo including carry-on baggage.
Sec. 135.89 Pilot requirements: Use of oxygen.
Sec. 135.91 Oxygen for medical use by passengers.
Sec. 135.93 Autopilot: Minimum altitudes for use.
Sec. 135.95 Airmen: Limitations on use of services.
Sec. 135.97 Aircraft and facilities for recent flight
experience.
Sec. 135.99 Composition of flight crew.
Sec. 135.100 Flight crewmember duties.
Sec. 135.101 Second in command required in IFR conditions.
Sec. 135.103 Exception to second in command requirement: IFR
operations.
Sec. 135.105 Exception to second in command requirement:
Approval for use of autopilot system.
Sec. 135.107 Flight attendant crewmember requirement.
Sec. 135.109 Pilot in command or second in command: Designation
required.
Sec. 135.111 Second in command required in Category II
operations.
Sec. 135.113 Passenger occupancy of pilot seat.
Sec. 135.115 Manipulation of controls.
Sec. 135.117 Briefing of passengers before flight.
Sec. 135.119 Prohibition against carriage of weapons.
Sec. 135.121 Alcoholic beverages.
Sec. 135.122 Stowage of food, beverage, and passenger service
equipment during aircraft movement on the surface, takeoff,
and landing.
Sec. 135.123 Emergency and emergency evacuation duties.
Sec. 135.125 Airplane security.
Sec. 135.127 Passenger information.
Sec. 135.128 Use of safety belts and child restraint systems.
Sec. 135.129 Exit seating.
Subpart C--Aircraft and Equipment
Sec. 135.141 Applicability.
Sec. 135.143 General requirements.
Sec. 135.145 Aircraft proving tests.
Sec. 135.147 Dual controls required.
Sec. 135.149 Equipment requirements: General.
Sec. 135.150 Public address and crewmember interphone systems.
Sec. 135.151 Cockpit voice recorders.
Sec. 135.152 Flight recorders.
Sec. 135.153 Ground proximity warning system.
Sec. 135.155 Fire extinguishers: Passenger-carrying aircraft.
Sec. 135.157 Oxygen equipment requirements.
Sec. 135.158 Pitot heat indication systems.
Sec. 135.159 Equipment requirements: Carrying passengers under
VFR at night or under VFR over-the-top conditions.
Sec. 135.161 Radio and navigational equipment: Carrying
passengers under VFR at night or under VFR over-the-top.
Sec. 135.163 Equipment requirements: Aircraft carrying
passengers under IFR.
Sec. 135.165 Radio and navigational equipment: Extended
overwater or IFR operations.
Sec. 135.167 Emergency equipment: Extended overwater
operations.
Sec. 135.169 Additional airworthiness requirements.
Sec. 135.170 Materials for compartment interiors.
Sec. 135.171 Shoulder harness installation at flight crewmember
stations.
Sec. 135.173 Airborne thunderstorm detection equipment
requirements.
Sec. 135.175 Airborne weather radar equipment requirements.
Sec. 135.177 Emergency equipment requirements for aircraft
having a passenger seating configuration of more than 19
passengers.
Sec. 135.178 Additional emergency equipment.
Sec. 135.179 Inoperable instruments and equipment.
Sec. 135.180 Traffic Alert and Collision Avoidance System.
Sec. 135.181 Performance requirements: Aircraft operated over-
the-top or in IFR conditions.
Sec. 135.183 Performance requirements: Land aircraft operated
over water.
Sec. 135.185 Empty weight and center of gravity: Currency
requirement.
Subpart D--VFR/IFR Operating Limitations and Weather Requirements
Sec. 135.201 Applicability.
Sec. 135.203 VFR: Minimum altitudes.
Sec. 135.205 VFR: Visibility requirements.
Sec. 135.207 VFR: Helicopter surface reference requirements.
Sec. 135.209 VFR: Fuel supply.
Sec. 135.211 VFR: Over-the-top carrying passengers: Operating
limitations.
Sec. 135.213 Weather reports and forecasts.
Sec. 135.215 IFR: Operating limitations.
Sec. 135.217 IFR: Takeoff limitations.
Sec. 135.219 IFR: Destination airport weather minimums.
Sec. 135.221 IFR: Alternate airport weather minimums.
Sec. 135.223 IFR: Alternate airport requirements.
Sec. 135.225 IFR: Takeoff, approach and landing minimums.
Sec. 135.227 Icing conditions: Operating limitations.
Sec. 135.229 Airport requirements.
Subpart E--Flight Crewmember Requirements
Sec. 135.241 Applicability.
Sec. 135.243 Pilot in command qualifications.
Sec. 135.244 Operating experience.
Sec. 135.245 Second in command qualifications.
Sec. 135.247 Pilot qualifications: Recent experience.
Sec. 135.249 Use of prohibited drugs.
Sec. 135.251 Testing for prohibited drugs.
Sec. 135.253 Misuse of alcohol.
Sec. 135.255 Testing for alcohol.
Subpart F--Flight Crewmember Flight Time Limitations and Rest
Requirements
Sec. 135.261 Applicability.
Sec. 135.263 Flight time limitations and rest requirements: All
certificate holders.
Sec. 135.265 Flight time limitations and rest requirements:
Scheduled operations.
Sec. 135.267 Flight time limitations and rest requirements:
Unscheduled one- and two-pilot crews.
Sec. 135.269 Flight time limitations and rest requirements:
Unscheduled three- and four-pilot crews.
Sec. 135.271 Helicopter hospital emergency medical evacuation
service (HEMES).
Subpart G--Crewmember Testing Requirements
Sec. 135.291 Applicability.
Sec. 135.293 Initial and recurrent pilot testing requirements.
Sec. 135.295 Initial and recurrent flight attendant crewmember
testing requirements.
Sec. 135.297 Pilot in command: Instrument proficiency check
requirements.
Sec. 135.299 Pilot in command: Line checks: Routes and
airports.
Sec. 135.301 Crewmember: Tests and checks, grace provisions,
training to accepted standards.
Sec. 135.303 [Removed. Amdt. 135-44, 57 FR 42676, Sept. 15,
1992]
Subpart H--Training
Sec. 135.321 Applicability and terms used.
Sec. 135.323 Training program: General.
Sec. 135.325 Training program and revision: Initial and final
approval.
Sec. 135.327 Training program: Curriculum.
Sec. 135.329 Crewmember training requirements.
Sec. 135.331 Crewmember emergency training.
Sec. 135.333 Training requirements: Handling and carriage of
hazardous materials.
Sec. 135.335 Approval of aircraft simulators and other training
devices.
Sec. 135.337 Training program: Check airmen and instructor
qualifications.
Sec. 135.339 Check airmen and flight instructors: Initial and
transition training.
Sec. 135.341 Pilot and flight attendant crewmember training
programs.
Sec. 135.343 Crewmember initial and recurrent training
requirements.
Sec. 135.345 Pilots: Initial, transition, and upgrade ground
training.
Sec. 135.347 Pilots: Initial, transition, upgrade, and
differences flight training.
Sec. 135.349 Flight attendants: Initial and transition ground
training.
Sec. 135.351 Recurrent training.
Sec. 135.353 Prohibited drugs.
Subpart I--Airplane Performance Operating Limitations
Sec. 135.361 Applicability.
Sec. 135.363 General.
Sec. 135.365 Large transport category airplanes: Reciprocating
engine powered: Weight limitations.
Sec. 135.367 Large transport category airplanes: Reciprocating
engine powered: Takeoff limitations.
Sec. 135.369 Large transport category airplanes: Reciprocating
engine powered: En route limitations: All engines operating.
Sec. 135.371 Large transport category airplanes: Reciprocating
engine powered: En route limitations: One engine
inoperative.
Sec. 135.373 Part 25 transport category airplanes with four or
more engines: Reciprocating engine powered: En route
limitations: Two engines inoperative.
Sec. 135.375 Large transport category airplanes: Reciprocating
engine powered: Landing limitations: Destination airports.
Sec. 135.377 Large transport category airplanes: Reciprocating
engine powered: Landing limitations: Alternate airports.
Sec. 135.379 Large transport category airplanes: Turbine engine
powered: Takeoff limitations.
Sec. 135.381 Large transport category airplanes: Turbine engine
powered: En route limitations: One engine inoperative.
Sec. 135.383 Large transport category airplanes: Turbine engine
powered: En route limitations: Two engines inoperative.
Sec. 135.385 Large transport category airplanes: Turbine engine
powered: Landing limitations: Destination airports.
Sec. 135.387 Large transport category airplanes: Turbine engine
powered: Landing limitations: Alternate airports.
Sec. 135.389 Large nontransport category airplanes: Takeoff
limitations.
Sec. 135.391 Large nontransport category airplanes: En route
limitations: One engine inoperative.
Sec. 135.393 Large nontransport category airplanes: Landing
limitations: Destination airports.
Sec. 135.395 Large nontransport category airplanes: Landing
limitations: Alternate airports.
Sec. 135.397 Small transport category airplane performance
operating limitations.
Sec. 135.398 Commuter category airplanes performance operating
limitations.
Sec. 135.399 Small nontransport category airplane performance
operating limitations.
Subpart J--Maintenance, Preventive Maintenance, and Alterations
Sec. 135.411 Applicability.
Sec. 135.413 Responsibility for airworthiness.
Sec. 135.415 Mechanical reliability reports.
Sec. 135.417 Mechanical interruption summary report.
Sec. 135.419 Approved aircraft inspection program.
Sec. 135.421 Additional maintenance requirements.
Sec. 135.423 Maintenance, preventive maintenance, and
alteration organization.
Sec. 135.425 Maintenance, preventive maintenance, and
alteration programs.
Sec. 135.427 Manual requirements.
Sec. 135.429 Required inspection personnel.
Sec. 135.431 Continuing analysis and surveillance.
Sec. 135.433 Maintenance and preventive maintenance training
program.
Sec. 135.435 Certificate requirements.
Sec. 135.437 Authority to perform and approve maintenance,
preventive maintenance, and alterations.
Sec. 135.439 Maintenance recording requirements.
Sec. 135.441 Transfer of maintenance records.
Sec. 135.443 Airworthiness release or aircraft maintenance log
entry.
Appendix A to Part 135--Additional Airworthiness Standards for 10
or More Passenger Airplanes
Appendix B to Part 135--Airplane Flight Recorder Specifications
Appendix C to Part 135--Helicopter Flight Recorder Specifications
Appendix D to Part 135--Airplane Flight Recorder Specification
Appendix E to Part 135--Helicopter Flight Recorder Specifications
SFAR No. 36
Editorial Note: For the text of SFAR No. 36, see Part 121 of this chapter.
SUMMARY: This final rule amends and extends Special Federal Aviation
Regulation (SFAR) No. 36, which provides that authorized repair station and
aircraft operating certificate holders may approve aircraft products or
articles for return to service after accomplishing major repairs using self-
developed repair data that have not been approved by the Federal Aviation
Administration (FAA). Amendments include clarification of the scope of the
SFAR authorization. Extension of the regulation continues to provide, for
those that qualify, an alternative from the requirement to obtain FAA
approval of major repair data on a case-by-case basis, and allows additional
time for the FAA to incorporate the SFAR provisions into the regulations.
DATES: Effective January 23, 1994 and terminates January 23, 1999.
Editorial Note: For the text of SFAR No. 38-2, see Part 121 of this
chapter.
SFAR No. 41
Editorial Note: For the text of SFAR No. 41, see Part 91 of this chapter.
SFAR No. 50-2
Editorial Note: For the text of SFAR No. 50-2, see Part 91 of this chapter.
SFAR No. 52--Extension of Compliance Date of Seat Cushion Flammability
Regulation for Large Airplanes Operated Under Part 135 in Other Than Commuter
Air Carrier Operations
Contrary provisions of Secs. 121.312 and 135.169 of this chapter
notwithstanding, for airplanes type certificated after January 1, 1958, after
February 24, 1988, seat cushions in any compartment occupied by crew or
passengers (except those on flight crewmember seats) in large airplanes
operated under Part 135 of this chapter, except large airplanes used in
commuter air carrier operations, must comply with the requirements pertaining
to fire protection of seat cushions in Sec. 25.853(c), effective November 26,
1984, and Appendix F to Part 25 of this chapter, effective November 26, 1984,
unless an alternative compliance plan has been approved by the Administrator.
For airplanes type certificated after January 1, 1958, after November 26,
1987, seat cushions in any compartment occupied by crew or passengers (except
those on flight crewmember seats) in large airplanes operated under Part 135
of this chapter and used in commuter air carrier operations must comply with
the requirements pertaining to fire protection of seat cushions in Sec.
25.853(c), effective November 26, 1984, and Appendix F to Part 25 of this
chapter, effective November 26, 1984.
This Special Federal Aviation Regulation terminates on December 1, 1988.
[Doc. No. 25477, 52 FR 45913, Dec. 2, 1987]
SFAR No. 58
Editorial Note: For the text of SFAR No. 58, see part 121 of this chapter.
SUMMARY: This Special Federal Aviation Regulation (SFAR) establishes a
voluntary, alternative method for the training, evaluation, certification,
and qualification requirements of flight crewmembers, flight attendants,
aircraft dispatchers, instructors, evaluators and other operations personnel
subject to the training and qualification requirements of 14 CFR parts 121
and 135. The FAA has developed this alternative method in response to
recommendations made by representatives from the government, airlines,
aircrew professional organizations, and airline industry organizations. The
SFAR is designed to improve aircrew performance and allows certificate
holders that are subject to the training requirements of parts 121 and 135 to
develop innovative training programs that incorporate the most recent
advances in training methods and techniques.
(a) Except as provided in paragraph (b) of this section, this part
prescribes rules governing--
(1) Air taxi operations conducted under the exemption authority of Part 298
of this title;
(2) The transportation of mail by aircraft conducted under a postal service
contract awarded under section 5402c of Title 39, United States Code;
(3) The carriage in air commerce of persons or property for compensation or
hire as a commercial operator (not an air carrier) in aircraft having a
maximum seating capacity of less than 20 passengers or a maximum payload
capacity of less than 6,000 pounds, or the carriage in air commerce of
persons or property in common carriage operations solely between points
entirely within any state of the United States in aircraft having a maximum
seating capacity of 30 seats or less or a maximum payload capacity of 7,500
pounds or less; and
(4) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under SFAR No. 58 and each person employed or used by an
air carrier or commercial operator under this part to perform training,
qualification, or evaluation functions under an Advanced Qualification
Program under SFAR No. 58; and
(5) Each person who is on board an aircraft being operated under this part.
(b) Except as provided in paragraph (c) of this section, this part does not
apply to--
(1) Student instruction;
(2) Nonstop sightseeing flights that begin and end at the same airport, and
are conducted within a 25 statute mile radius of that airport;
(3) Ferry or training flights;
(4) Aerial work operations, including--
(i) Crop dusting, seeding, spraying, and bird chasing;
(ii) Banner towing;
(iii) Aerial photography or survey;
(iv) Fire fighting;
(v) Helicopter operations in construction or repair work (but not including
transportation to and from the site of operations); and
(vi) Powerline or pipeline patrol, or similar types of patrol approved by
the Administrator;
(5) Sightseeing flights conducted in hot air balloons;
(6) Nonstop flights conducted within a 25 statute mile radius of the
airport of takeoff carrying persons for the purpose of intentional parachute
jumps;
(7) Helicopter flights conducted within a 25 statute mile radius of the
airport of takeoff, if--
(i) Not more than two passengers are carried in the helicopter in addition
to the required flight crew;
(ii) Each flight is made under VFR during the day;
(iii) The helicopter used is certificated in the standard category and
complies with the 100-hour inspection requirements of Part 91 of this
chapter;
(iv) The operator notifies the FAA Flight Standards District Office
responsible for the geographic area concerned at least 72 hours before each
flight and furnishes any essential information that the office requests;
(v) The number of flights does not exceed a total of six in any calendar
year;
(vi) Each flight has been approved by the Administrator; and
(vii) Cargo is not carried in or on the helicopter;
(8) Operations conducted under Part 133 or 375 of this title;
(9) Emergency mail service conducted under section 405(h) of the Federal
Aviation Act of 1958; or
(10) This part does not apply to operations conducted under the provisions
of Sec. 91.321.
(c) For the purpose of Secs. 135.249, 135.251, 135.253, 135.255, and
135.353, operator means any person or entity conducting non-stop sightseeing
flights for compensation or hire in an airplane or rotorcraft that begin and
end at the same airport and are conducted within a 25 statute mile radius of
that airport.
(d) Notwithstanding the provisions of this part and appendices I and J to
part 121 of this chapter, an operator who does not hold a part 121 or part
135 certificate is permitted to use a person who is otherwise authorized to
perform aircraft maintenance or preventive maintenance duties and who is not
subject to FAA-approved anti-drug and alcohol misuse prevention programs to
perform--
(1) Aircraft maintenance or preventive maintenance on the operator's
aircraft if the operator would otherwise be required to transport the
aircraft more than 50 nautical miles further than the repair point closest to
operator's principal place of operation to obtain these services; or
(2) Emergency repairs on the operator's aircraft if the aircraft cannot be
safely operated to a location where an employee subject to FAA-approved
programs can perform the repairs.
SUMMARY: This final rule prescribes regulations establishing the aviation
industry alcohol misuse prevention program. It includes requirements for an
alcohol testing program for air carrier employees who perform safety-
sensitive duties, in implementation of the FAA-related provisions of the
Omnibus Transportation Employee Testing Act of 1991, which was enacted on
October 28, 1991. Employees who perform safety-sensitive duties directly or
by contract for aviation employers that hold a certificate issued under
certain FAA regulations, operators as defined in the regulations, or air
traffic control facilities not operated by the FAA or the U.S. military must
be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This
final rule requires alcohol testing of these employees, proscribes certain
alcohol-related conduct, and establishes specified consequences for engaging
in alcohol misuse. Employers must provide written materials to covered
employees explaining the program and educating employees about the dangers of
alcohol misuse. Employers must also submit reports to the FAA on the results
of the program. This rule is intended to ensure that public safety is
maintained by preventing alcohol misuse by safety-sensitive aviation
employees.
Sec. 135.2 Air taxi operations with large aircraft.
(a) Except as provided in paragraph (d) of this section, no person may
conduct air taxi operations in large aircraft under an individual exemption
and authorization issued by the Civil Aeronautics Board or under the
exemption authority of Part 298 of this title, unless that person--
(1) Complies with the certification requirements for supplemental air
carriers in Part 121 of this chapter, except that the person need not obtain,
and that person is not eligible for, a certificate under that part; and
(2) Conducts those operations under the rules of Part 121 of this chapter
that apply to supplemental air carriers.
However, the Administrator may issue operations specifications which require
an operator to comply with the rules of Part 121 of this chapter that apply
to domestic or flag air carriers, as appropriate, in place of the rules
required by paragraph (a)(2) of this section, if the Administrator determines
compliance with those rules is necessary to provide an appropriate level of
safety for the operation.
(b) The holder of an operating certificate issued under this part who is
required to comply with Subpart L of Part 121 of this chapter, under
paragraph (a) of this section, may perform and approve maintenance,
preventive maintenance, and alterations on aircraft having a maximum
passenger seating configuration, excluding any pilot seat, of 30 seats or
less and a maximum payload capacity of 7,500 pounds or less as provided in
that subpart. The aircraft so maintained shall be identified by registration
number in the operations specifications of the certificate holder using the
aircraft.
(c) Operations that are subject to paragraph (a) of this section are not
subject to Secs. 135.21 through 135.43 of Subpart A and Subparts B through J
of this part. Seaplanes used in operations that are subject to paragraph (a)
of this section are not subject to Sec. 121.291(a) of this chapter.
(d) Operations conducted with aircraft having a maximum passenger seating
configuration, excluding any pilot seat, of 30 seats or less, and a maximum
payload capacity of 7,500 pounds or less shall be conducted under the rules
of this part. However, a certificate holder who is conducting operations on
December 1, 1978, in aircraft described in this paragraph may continue to
operate under paragraph (a) of this section.
(e) For the purposes of this part--
(1) "Maximum payload capacity" means:
(i) For an aircraft for which a maximum zero fuel weight is prescribed in
FAA technical specifications, the maximum zero fuel weight, less empty
weight, less all justifiable aircraft equipment, and less the operating load
(consisting of minimum flight crew, foods and beverages and supplies and
equipment related to foods and beverages, but not including disposable fuel
or oil);
(ii) For all other aircraft, the maximum certificated takeoff weight of an
aircraft, less the empty weight, less all justifiable aircraft equipment, and
less the operating load (consisting of minimum fuel load, oil, and flight
crew). The allowance for the weight of the crew, oil, and fuel is as follows:
(A) Crew--200 pounds for each crewmember required under this chapter.
(B) Oil--350 pounds.
(C) 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.
(2) "Empty weight" means the weight of the airframe, engines, propellers,
rotors, and fixed equipment. Empty weight excludes the weight of the crew and
payload, but includes the weight of all fixed ballast, unusable fuel supply,
undrainable oil, total quantity of engine coolant, and total quantity of
hydraulic fluid.
(3) "Maximum zero fuel weight" means the maximum permissible weight of an
aircraft with no disposable fuel or oil. The zero fuel weight figure may be
found in either the aircraft type certificate data sheet or the approved
Aircraft Flight Manual, or both.
(4) For the purposes of this paragraph, "justifiable aircraft equipment"
means any equipment necessary for the operation of the aircraft. It does not
include equipment or ballast specifically installed, permanently or
otherwise, for the purpose of altering the empty weight of an aircraft to
meet the maximum payload capacity specified in paragraph (d) of this section.
Sec. 135.3 Rules applicable to operations subject to this part.
Each person operating an aircraft in operations under this part shall--
(a) While operating inside the United States, comply with the applicable
rules 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. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-32, 54
FR 34332, Aug. 18, 1989]
Effective Date Note: At 54 FR 34332, August 18, 1989, Sec. 135.3(b) was
amended by changing the cross reference "Sec. 91.1(c)" to read "Sec.
91.703(b)", effective August 18, 1990.
Sec. 135.5 Certificate and operations specifications required.
No person may operate an aircraft under this part without, or in violation
of, an air taxi/commercial operator (ATCO) operating certificate and
appropriate operations specifications issued under this part, or, for
operations with large aircraft having a maximum passenger seating
configuration, excluding any pilot seat, of more than 30 seats, or a maximum
payload capacity of more than 7,500 pounds, without, or in violation of,
appropriate operations specifications issued under Part 121 of this chapter.
Sec. 135.7 Applicability of rules to unauthorized operators.
The rules in this part which apply to a person certificated under Sec.
135.5 also apply to a person who engages in any operation governed by this
part without an appropriate certificate and operations specifications
required by Sec. 135.5.
Sec. 135.9 Duration of certificate.
(a) An ATCO operating certificate is effective until surrendered, suspended
or revoked. The holder of an ATCO operating certificate that is suspended or
revoked shall return it to the Administrator.
(b) Except as provided in paragraphs (c) and (d) of this section, an ATCO
operating certificate in effect on December 1, 1978, expires on February 1,
1979. The certificate holder must continue to conduct operations under Part
135 and the operations specifications in effect on November 30, 1978, until
the certificate expires.
(c) If the certificate holder applies before February 1, 1979, for new
operations specifications under this part, the operating certificate held
continues in effect and the certificate holder must continue operations under
Part 135 and operations specifications in effect on November 30, 1978, until
the earliest of the following--
(1) The date on which new operations specifications are issued; or
(2) The date on which the Administrator notifies the certificate holder
that the application is denied; or
(3) August 1, 1979.
If new operations specifications are issued under paragraph (c)(1) of this
section, the ATCO operating certificate continues in effect until
surrendered, suspended or revoked under paragraph (a) of this section.
(d) A certificate holder may obtain an extension of the expiration date in
paragraph (c) of this section, but not beyond December 1, 1979, from the
Director, Flight Standards Service, if before July 1, 1979, the certificate
holder--
(1) Shows that due to the circumstances beyond its control it cannot comply
by the expiration date; and
(2) Submits a schedule for compliance, acceptable to the Director,
indicating that compliance will be achieved at the earliest practicable date.
(e) The holder of an ATCO operating certificate that expires, under
paragraph (b), (c), or (d) of this section, shall return it to the
Administrator.
Sec. 135.10 Compliance dates for certain rules.
After January 2, 1991, no certificate holder may use a person as a flight
crewmember unless that person has completed the windshear ground training
required by Secs. 135.345(b)(6) and 135.351(b)(2) of this part.
Sec. 135.11 Application and issue of certificate and operations
specifications.
(a) An application for an ATCO operating certificate and appropriate
operations specifications is made on a form and in a manner prescribed by the
Administrator and filed with the FAA Flight Standards District Office that
has jurisdiction over the area in which the applicant's principal business
office is located.
(b) An applicant who meets the requirements of this part is entitled to--
(1) An ATCO operating certificate containing all business names under which
the certificate holder may conduct operations and the address of each
business office used by the certificate holder; and
(2) Separate operations specifications, issued to the certificate holder,
containing:
(i) The type and area of operations authorized.
(ii) The category and class of aircraft that may be used in those
operations.
(iii) Registration numbers and types of aircraft that are subject to an
airworthiness maintenance program required by Sec. 135.411(a)(2), including
time limitations or standards for determining time limitations, for
overhauls, inspections, and checks for airframes, aircraft engines,
propellers, rotors, appliances, and emergency equipment.
(iv) Registration numbers of aircraft that are to be inspected under an
approved aircraft inspection program under Sec. 135.419.
(v) Additional maintenance items required by the Administrator under Sec.
135.421.
(vi) Any authorized deviation from this part.
(vii) Any other items the Administrator may require or allow to meet any
particular situation.
(c) No person holding operations specifications issued under this part may
list on its operations specifications or on the current list of aircraft
required by Sec. 135.63(a)(3) any airplane listed on operations
specifications issued under Part 125.
[Doc. No. 16097, 43 FR 467883, Oct. 10, 1978, as amended by Amdt. 135-24, 52
FR 20029, May 28, 1987]
Sec. 135.13 Eligibility for certificate and operations specifications.
(a) To be eligible for an ATCO operating certificate and appropriate
operations specifications, a person must--
(1) Be a citizen of the United States, a partnership of which each member
is a citizen of the United States, or a corporation or association created or
organized under the laws of the United States or any state, territory, or
possession of the United States, of which the president and two-thirds or
more of the board of directors and other managing officers are citizens of
the United States and in which at least 75 percent of the voting interest is
owned or controlled by citizens of the United States or one of its
possessions; and
(2) Show, to the satisfaction of the Administrator, that the person is able
to conduct each kind of operation for which the person seeks authorization in
compliance with applicable regulations; and
(3) Hold any economic authority that may be required by the Civil
Aeronautics Board.
However, no person holding a commercial operator operating certificate issued
under Part 121 of this chapter is eligible for an ATCO operating certificate
unless the person shows to the satisfaction of the Administrator that the
person's contract carriage business in large aircraft, having a maximum
passenger seating configuration, excluding any pilot seat, of more than 30
seats or a maximum payload capacity of more than 7,500 pounds, will not
result directly or indirectly from the person's air taxi business.
(b) The Administrator may deny any applicant a certificate under this part
if the Administrator finds--
(1) That an air carrier or commercial operator operating certificate under
Part 121 or an ATCO operating certificate previously issued to the applicant
was revoked; or
(2) That a person who was employed in a position similar to general
manager, director of operations, director of maintenance, chief pilot, or
chief inspector, or who has exercised control with respect to any ATCO
operating certificate holder, air carrier, or commercial operator whose
operating certificate has been revoked, will be employed in any of those
positions or a similar position, or will be in control of or have a
substantial ownership interest in the applicant, and that the person's
employment or control contributed materially to the reasons for revoking that
certificate.
Sec. 135.15 Amendment of certificate.
(a) The Administrator may amend an ATCO operating certificate--
(1) On the Administrator's own initiative, under section 609 of the Federal
Aviation Act of 1958 (49 U.S.C. 1429) and Part 13 of this chapter; or
(2) Upon application by the holder of that certificate.
(b) The certificate holder must file an application to amend an ATCO
operating certificate 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 must be submitted to the FAA Flight
Standards District Office charged with the overall inspection of the
certificate holder.
(c) The FAA Flight Standards District Office charged with the overall
inspection of the certificate holder grants an amendment to the ATCO
operating certificate if it is determined that safety in air commerce and the
public interest allow that amendment.
(d) Within 30 days after receiving a refusal to amend the operating
certificate, the certificate holder may petition the Director, Flight
Standards Service, to reconsider the request.
Sec. 135.17 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
Flight Standards 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 Flight Standards District Office
notifies the holder of any amendment adopted, or a rescission of the notice.
The 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 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-6, 45 FR
47838, July 17, 1980; Amdt. 135-33, 54 FR 39294, Sept. 25, 1989]
Sec. 135.19 Emergency operations.
(a) In an emergency involving the safety of persons or property, the
certificate holder may deviate from the rules of this part relating to
aircraft and equipment and weather minimums to the extent required to meet
that emergency.
(b) In an emergency involving the safety of persons or property, the pilot
in command may deviate from the rules of this part to the extent required to
meet that emergency.
(c) Each person who, under the authority of this section, deviates from a
rule of this part 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 aircraft operation involved, including a description
of the deviation and reasons for it.
Sec. 135.21 Manual requirements.
(a) Each certificate holder, other than one who uses only one pilot in the
certificate holder's operations, 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) Representatives of the Administrator assigned to the certificate
holder.
(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 on each aircraft when away
from the principal operations base. The appropriate parts must be available
for use by ground or flight personnel.
(g) If a certificate holder conducts aircraft inspections or maintenance at
specified stations where it keeps the approved inspection program manual, it
is not required to carry the manual aboard the aircraft en route to those
stations.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-18, 47
FR 33396, Aug. 2, 1982]
Sec. 135.23 Manual contents.
Each manual shall have the date of the last revision on each revised page.
The manual must include--
(a) The name of each management person required under Sec. 135.37(a) who is
authorized to act for the certificate holder, the person's assigned area of
responsibility, the person's duties, responsibilities, and authority, and the
name and title of each person authorized to exercise operational control
under Sec. 135.77;
(b) Procedures for ensuring compliance with aircraft weight and balance
limitations and, for multiengine aircraft, for determining compliance with
Sec. 135.185;
(c) Copies of the certificate holder's operations specifications or
appropriate extracted information, including area of operations authorized,
category and class of aircraft 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 aircraft 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 aircraft 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 under Sec. 135.179 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 aircraft, 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. 135.117;
(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 duties under Sec.
135.123;
(n) En route qualification procedures for pilots, when applicable;
(o) The approved aircraft inspection program, when applicable;
(p) 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;
(q) Procedures for the evacuation of persons who may need the assistance of
another person to move expeditiously to an exit if an emergency occurs; and
(r) Other procedures and policy instructions regarding the certificate
holder's operations, that are issued by the certificate holder.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-20, 51
FR 40709, Nov. 7, 1986]
Sec. 135.25 Aircraft requirements.
(a) Except as provided in paragraph (d) of this section, no certificate
holder may operate an aircraft under this part unless that aircraft--
(1) Is registered as a civil aircraft of the United States and carries an
appropriate and 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) Each certificate holder must have the exclusive use of at least one
aircraft that meets the requirements for at least one kind of operation
authorized in the certificate holder's operations specifications. In
addition, for each kind of operation for which the certificate holder does
not have the exclusive use of an aircraft, the certificate holder must have
available for use under a written agreement (including arrangements for
performing required maintenance) at least one aircraft that meets the
requirements for that kind of operation. However, this paragraph does not
prohibit the operator from using or authorizing the use of the aircraft for
other than air taxi or commercial operations and does not require the
certificate holder to have exclusive use of all aircraft that the certificate
holder uses.
(c) For the purposes of paragraph (b) of this section, a person has
exclusive use of an aircraft if that person has the sole possession, control,
and use of it for flight, as owner, or has a written agreement (including
arrangements for performing required maintenance), in effect when the
aircraft is operated, giving the person that possession, control, and use for
at least 6 consecutive months.
(d) A certificate holder may operate in common carriage, and for the
carriage of mail, a civil aircraft which is leased or chartered to it without
crew and is registered in a country which is a party to the Convention on
International Civil Aviation if--
(1) The aircraft carries an appropriate airworthiness certificate issued by
the country of registration and meets the registration and identification
requirements of that country;
(2) The aircraft is of a type design which is approved under a U.S. type
certificate and complies with all of the requirements of this chapter (14 CFR
Chapter I) that would be applicable to that aircraft were it registered in
the United States, including the requirements which must be met for issuance
of a U.S. standard airworthiness certificate (including type design
conformity, condition for safe operation, and the noise, fuel venting, and
engine emission requirements of this chapter), except that a U.S.
registration certificate and a U.S. standard airworthiness certificate will
not be issued for the aircraft;
(3) The aircraft is operated by U.S.-certificated airmen employed by the
certificate holder; and
(4) The certificate holder files a copy of the aircraft lease or charter
agreement with the FAA Aircraft Registry, Department of Transportation, 6400
South MacArthur Boulevard, Oklahoma City, Oklahoma (Mailing address: P.O. Box
25504, Oklahoma City, Oklahoma 73125).
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-8, 45 FR
68649, Oct. 16, 1980]
Sec. 135.27 Business office and operations base.
(a) Each certificate holder shall maintain a principal business office.
(b) Each certificate holder shall, before establishing or changing the
location of any business office or operations base, except a temporary
operations base, notify in writing the FAA Flight Standards District Office
charged with the overall inspection of the certificate holder.
(c) No certificate holder who establishes or changes the location of any
business office or operations base, except a temporary operations base, may
operate an aircraft under this part unless the certificate holder complies
with paragraph (b) of this section.
Sec. 135.29 Use of business names.
No certificate holder may operate an aircraft under this part under a
business name that is not on the certificate holder's operating certificate.
Sec. 135.31 Advertising.
No certificate holder may advertise or otherwise offer to perform
operations subject to this part that are not authorized by the certificate
holder's operating certificate and operations specifications.
Sec. 135.33 Area limitations on operations.
(a) No person may operate an aircraft in a geographical area that is not
specifically authorized by appropriate operations specifications issued under
this part.
(b) No person may operate an aircraft in a foreign country unless that
person is authorized to do so by that country.
Sec. 135.35 Termination of operations.
Within 30 days after a certificate holder terminates operations under this
part, the operating certificate and operations specifications must be
surrendered by the certificate holder to the FAA Flight Standards District
Office charged with the overall inspection of the certificate holder.
Sec. 135.37 Management personnel required.
(a) Each certificate holder, other than one who uses only one pilot in the
certificate holder's operations, must have enough qualified management
personnel in the following or equivalent positions to ensure safety in its
operations:
(1) Director of operations.
(2) Chief pilot.
(3) Director of maintenance.
(b) Upon application by the certificate holder, the Administrator may
approve different positions or numbers of positions than those listed in
paragraph (a) of this section for a particular operation if the certificate
holder shows that it can perform its operations safely under the direction of
fewer or different categories of management personnel.
(c) Each certificate holder shall--
(1) Set forth the duties, responsibilities, and authority of the personnel
required by this section in the manual required by Sec. 135.21;
(2) List in the manual required by Sec. 135.21 the name of the person or
persons assigned to those positions; and
(3) Within 10 working days, 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.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-18, 47
FR 33396, Aug. 2, 1982]
Sec. 135.39 Management personnel qualifications.
(a) Director of operations. No person may serve as director of operations
under Sec. 135.37(a) unless that person knows the contents of the manual
required by Sec. 135.21, the operations specifications, the provisions of
this part and other applicable regulations necessary for the proper
performance of the person's duties and responsibilities and:
(1) The director of operations for a certificate holder conducting any
operations for which the pilot in command is required to hold an airline
transport pilot certificate must--
(i) Hold or have held an airline transport pilot certificate; and
(ii) Have at least 3 years of experience as pilot in command of an aircraft
operated under this part, Part 121 or Part 127 of this chapter; or
(iii) Have at least 3 years of experience as director of operations with a
certificate holder operating under this part, Part 121 or Part 127 of this
chapter.
(2) The director of operations for a certificate holder who is not
conducting any operation for which the pilot in command is required to hold
an airline transport pilot certificate must--
(i) Hold or have held a commercial pilot certificate; and
(ii) Have at least 3 years of experience as a pilot in command of an
aircraft operated under this part, Part 121 or Part 127 of this chapter; or
(iii) Have at least 3 years of experience as director of operations with a
certificate holder operating under this part, Part 121 or Part 127 of this
chapter.
(b) Chief pilot. No person may serve as chief pilot under Sec. 135.37(a)
unless that person knows the contents of the manual required by Sec. 135.21,
the operations specifications, the provisions of this part and other
applicable regulations necessary for the proper performance of the person's
duties, and:
(1) The chief pilot of a certificate holder conducting any operation for
which the pilot in command is required to hold an airline transport pilot
certificate must--
(i) Hold a current airline transport pilot certificate with appropriate
ratings for at least one of the types of aircraft used; and
(ii) Have at least 3 years of experience as a pilot in command of an
aircraft under this part, Part 121 or Part 127 of this chapter.
(2) The chief pilot of a certificate holder who is not conducting any
operation for which the pilot in command is required to hold an airline
transport pilot certificate must--
(i) Hold a current, commercial pilot certificate with an instrument rating.
If an instrument rating is not required for the pilot in command under this
part, the chief pilot must hold a current, commercial pilot certificate; and
(ii) Have at least 3 years of experience as a pilot in command of an
aircraft under this part, Part 121 or Part 127 of this chapter.
(c) Director of maintenance. No person may serve as a director of
maintenance under Sec. 135.37(a) unless that person knows the maintenance
sections of the certificate holder's manual, the operations specifications,
the provisions of this part and other applicable regulations necessary for
the proper performance of the person's duties, and--
(1) Holds a mechanic certificate with both airframe and powerplant ratings;
and
(2) Has at least 3 years of maintenance experience as a certificated
mechanic on aircraft, including, at the time of appointment as director of
maintenance, the recent experience requirements of Sec. 65.83 of this chapter
in the same category and class of aircraft as used by the certificate holder,
or at least 3 years of experience with a certificated airframe repair
station, including 1 year in the capacity of approving aircraft for return to
service.
(d) Deviation from this section may be authorized if the person has had
equivalent aeronautical experience. The Flight Standards Division Manager in
the region of the certificate holding district office may authorize a
deviation for the director of operations, chief pilot, and the director of
maintenance.
Sec. 135.41 Carriage of narcotic drugs, marihuana, and depressant or
stimulant drugs or substances.
If the holder of a certificate issued under this part allows any aircraft
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.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-32, 54
FR 34332, Aug. 18, 1989]
Effective Date Note: At 54 FR 34332, August 18, 1989, Sec. 135.41 was
amended by changing the cross reference "Sec. 91.12(a)" to read "Sec.
91.19(a)", effective August 18, 1990.
Sec. 135.43 Crewmember certificate: International operations: Application
and issue.
(a) This section provides for the issuance of a crewmember certificate to
United States citizens who are employed by certificate holders as crewmembers
on United States registered aircraft engaged in international air commerce.
The purpose of the certificate is to facilitate the entry and clearance of
those crewmembers into ICAO contracting states. They are issued under Annex
9, as amended, to the Convention on International Civil Aviation.
(b) An application for a crewmember certificate is made on FAA Form 8060-6,
"Application for Crewmember Certificate," to the FAA Flight Standards
District Office charged with the overall inspection of the certificate holder
by whom the applicant is employed. The certificate is issued on FAA Form
8060-42, "Crewmember Certificate."
(c) The holder of a certificate issued under this section, or the
certificate holder by whom the holder is employed, shall surrender the
certificate for cancellation at the nearest FAA Flight Standards District
Office or submit it for cancellation to the Airmen Certification Branch, AAC-
260, P.O. Box 25082, Oklahoma City, Oklahoma 73125, at the termination of the
holder's employment with that certificate holder.
Subpart B--Flight Operations
Sec. 135.61 General.
This subpart prescribes rules, in addition to those in Part 91 of this
chapter, that apply to operations under this part.
Sec. 135.63 Recordkeeping requirements.
(a) Each certificate holder shall keep at its principal business office or
at other places approved by the Administrator, and shall make available for
inspection by the Administrator the following--
(1) The certificate holder's operating certificate;
(2) The certificate holder's operations specifications;
(3) A current list of the aircraft used or available for use in operations
under this part and the operations for which each is equipped; and
(4) An individual record of each pilot used in operations under this part,
including the following information:
(i) The full name of the pilot.
(ii) The pilot certificate (by type and number) and ratings that the pilot
holds.
(iii) The pilot's aeronautical experience in sufficient detail to determine
the pilot's qualifications to pilot aircraft in operations under this part.
(iv) The pilot's current duties and the date of the pilot's assignment to
those duties.
(v) The effective date and class of the medical certificate that the pilot
holds.
(vi) The date and result of each of the initial and recurrent competency
tests and proficiency and route checks required by this part and the type of
aircraft flown during that test or check.
(vii) The pilot's flight time in sufficient detail to determine compliance
with the flight time limitations of this part.
(viii) The pilot's check pilot authorization, if any.
(ix) Any action taken concerning the pilot's release from employment for
physical or professional disqualification.
(x) The date of the completion of the initial phase and each recurrent
phase of the training required by this part.
(b) Each certificate holder shall keep each record required by paragraph
(a)(3) of this section for at least 6 months, and each record required by
paragraph (a)(4) of this section for at least 12 months, after it is made.
(c) For multiengine aircraft, each certificate holder is responsible for
the preparation and accuracy of a load manifest in duplicate containing
information concerning the loading of the aircraft. The manifest must be
prepared before each takeoff and must include:
(1) The number of passengers;
(2) The total weight of the loaded aircraft;
(3) The maximum allowable takeoff weight for that flight;
(4) The center of gravity limits;
(5) The center of gravity of the loaded aircraft, except that the actual
center of gravity need not be computed if the aircraft is loaded according to
a loading schedule or other approved method that ensures that the center of
gravity of the loaded aircraft 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 aircraft or flight number;
(7) The origin and destination; and
(8) Identification of crew members and their crew position assignments.
(d) The pilot in command of an aircraft for which a load manifest must be
prepared shall carry a copy of the completed load manifest in the aircraft 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.
Sec. 135.65 Reporting mechanical irregularities.
(a) Each certificate holder shall provide an aircraft maintenance log to be
carried on board each aircraft for recording or deferring mechanical
irregularities and their correction.
(b) The pilot in command shall enter or have entered in the aircraft
maintenance log each mechanical irregularity that comes to the pilot's
attention during flight time. Before each flight, the pilot in command shall,
if the pilot does not already know, determine the status of each irregularity
entered in the maintenance log at the end of the preceding flight.
(c) Each person who takes corrective action or defers action concerning a
reported or observed failure or malfunction of an airframe, powerplant,
propeller, rotor, or applicance, shall record the action taken in the
aircraft maintenance log under the applicable maintenance requirements of
this chapter.
(d) Each certificate holder shall establish a procedure for keeping copies
of the aircraft maintenance log required by this section in the aircraft for
access by appropriate personnel and shall include that procedure in the
manual required by Sec. 135.21.
Sec. 135.67 Reporting potentially hazardous meteorological conditions and
irregularities of communications or navigation facilities.
Whenever a pilot encounters a potentially hazardous meteorological
condition or an irregularity in a ground communications or navigational
facility in flight, the knowledge of which the pilot considers essential to
the safety of other flights, the pilot shall notify an appropriate ground
radio station as soon as practicable.
[Doc. No. 16097, 43 FR 46783, Oct. 1, 1978, as amended at 44 FR 26737, May 7,
1979]
Sec. 135.69 Restriction or suspension of operations: Continuation of flight
in an emergency.
(a) During operations under this part, if a certificate holder or pilot in
command knows of conditions, including airport and runway conditions, that
are a hazard to safe operations, the certificate holder or pilot in command,
as the case may be, shall restrict or suspend operations as necessary until
those conditions are corrected.
(b) No pilot in command may allow a flight to continue toward any airport
of intended landing under the conditions set forth in paragraph (a) of this
section, unless, in the opinion of the pilot in command, the conditions that
are a hazard to safe operations may reasonably be expected to be corrected by
the estimated time of arrival or, unless there is no safer procedure. In the
latter event, the continuation toward that airport is an emergency situation
under Sec. 135.19.
Sec. 135.71 Airworthiness check.
The pilot in command may not begin a flight unless the pilot determines
that the airworthiness inspections required by Sec. 91.409 of this chapter,
or Sec. 135.419, whichever is applicable, have been made.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-32, 54
FR 34332, Aug. 18, 1989]
Effective Date Note: At 54 FR 34332, August 18, 1989, Sec. 135.71 was
amended by changing the cross reference "Sec. 91.169" to read "Sec. 91.409",
effective August 18, 1990.
Sec. 135.73 Inspections and tests.
Each certificate holder and each person employed by the certificate holder
shall allow the Administrator, at any time or place, to make inspections or
tests (including en route inspections) to determine the holder's compliance
with the Federal Aviation Act of 1958, applicable regulations, and the
certificate holder's operating certificate, and operations specifications.
Sec. 135.75 Inspectors 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 aircraft operated by the certificate holder, the
inspector must be given free and uninterrupted access to the pilot
compartment of that aircraft. 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. 135.77 Responsibility for operational control.
Each certificate holder is responsible for operational control and shall
list, in the manual required by Sec. 135.21, the name and title of each
person authorized by it to exercise operational control.
Sec. 135.79 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 aircraft 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 place of business, 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.
Sec. 135.81 Informing personnel of operational information and appropriate
changes.
Each certificate holder shall inform each person in its employment of the
operations specifications that apply to that person's duties and
responsibilities and shall make available to each pilot in the certificate
holder's employ the following materials in current form:
(a) Airman's Information Manual (Alaska Supplement in Alaska and Pacific
Chart Supplement in Pacific-Asia Regions) or a commercial publication that
contains the same information.
(b) This part and Part 91 of this chapter.
(c) Aircraft Equipment Manuals, and Aircraft Flight Manual or equivalent.
(d) For foreign operations, the International Flight Information Manual or
a commercial publication that contains the same information concerning the
pertinent operational and entry requirements of the foreign country or
countries involved.
Sec. 135.83 Operating information required.
(a) The operator of an aircraft 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) For multiengine aircraft or for aircraft with retractable landing gear,
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) For multiengine aircraft, one-engine-inoperative climb performance data
and if the aircraft is approved for use in IFR or over-the-top operations,
that data must be sufficient to enable the pilot to determine compliance with
Sec. 135.181(a)(2).
(b) Each cockpit checklist required by paragraph (a)(1) of this section
must contain the following procedures:
(1) Before starting engines;
(2) Before takeoff;
(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. 135.85 Carriage of persons without compliance with the passenger-
carrying provisions of this part.
The following persons may be carried aboard an aircraft without complying
with the passenger-carrying requirements of this part:
(a) A crewmember or other employee of the certificate holder.
(b) A person necessary for the safe handling of animals on the aircraft.
(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 air carrier or commercial operator in operations under a
military cargo contract, 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, who is performing a duty
connected with a cargo operation of the certificate holder.
Sec. 135.87 Carriage of cargo including carry-on baggage.
No person may carry cargo, including carry-on baggage, in or on any
aircraft unless--
(a) It is carried in an approved cargo rack, bin, or compartment installed
in or on the aircraft;
(b) It is secured by an approved means; or
(c) It is carried in accordance with each of the following:
(1) For cargo, it is properly secured by a safety belt or other tie-down
having enough strength to eliminate the possibility of shifting under all
normally anticipated flight and ground conditions, or for carry-on baggage,
it is restrained so as to prevent its movement during air turbulence.
(2) It is packaged or covered to avoid possible injury to occupants.
(3) It does not impose any load on seats or on the floor structure that
exceeds the load limitation for those components.
(4) It is not located in a position that obstructs the access to, or use
of, any required emergency or regular exit, or the use of the aisle between
the crew and the passenger compartment, or located 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 passengers is provided.
(5) It is not carried directly above seated occupants.
(6) It is stowed in compliance with this section for takeoff and landing.
(7) For cargo only operations, paragraph (c)(4) of this section does not
apply if the cargo is loaded so that at least one emergency or regular exit
is available to provide all occupants of the aircraft a means of unobstructed
exit from the aircraft if an emergency occurs.
(d) Each passenger seat under which baggage is stowed shall be fitted with
a means to prevent articles of baggage stowed under it from sliding under
crash impacts severe enough to induce the ultimate inertia forces specified
in the emergency landing condition regulations under which the aircraft was
type certificated.
(e) When cargo is carried in cargo compartments that are designed to
require the physical entry of a crewmember to extinguish any fire that may
occur during flight, the cargo must be loaded so as to allow a crewmember to
effectively reach all parts of the compartment with the contents of a hand
fire extinguisher.
Sec. 135.89 Pilot requirements: Use of oxygen.
(a) Unpressurized aircraft. Each pilot of an unpressurized aircraft shall
use oxygen continuously when flying--
(1) At altitudes above 10,000 feet through 12,000 feet MSL for that part of
the flight at those altitudes that is of more than 30 minutes duration; and
(2) Above 12,000 feet MSL.
(b) Pressurized aircraft. (1) Whenever a pressurized aircraft is operated
with the cabin pressure altitude more than 10,000 feet MSL, each pilot shall
comply with paragraph (a) of this section.
(2) Whenever a pressurized aircraft is operated at altitudes above 25,000
feet through 35,000 feet MSL, unless each pilot has an approved quick-donning
type oxygen mask--
(i) At least one pilot at the controls shall wear, secured and sealed, an
oxygen mask that either supplies oxygen at all times or automatically
supplies oxygen whenever the cabin pressure altitude exceeds 12,000 feet MSL;
and
(ii) During that flight, each other pilot on flight deck duty shall have an
oxygen mask, connected to an oxygen supply, located so as to allow immediate
placing of the mask on the pilot's face sealed and secured for use.
(3) Whenever a pressurized aircraft is operated at altitudes above 35,000
feet MSL, at least one pilot at the controls shall wear, secured and sealed,
an oxygen mask required by paragraph (b)(2)(i) of this section.
(4) If one pilot leaves a pilot duty station of an aircraft when operating
at altitudes above 25,000 feet MSL, the remaining pilot at the controls shall
put on and use an approved oxygen mask until the other pilot returns to the
pilot duty station of the aircraft.
Sec. 135.91 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) 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
aircraft.
(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 aircraft 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. 135.93 Autopilot: Minimum altitudes for use.
(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 Aircraft 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 Aircraft 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.
(e) This section does not apply to operations conducted in rotorcraft.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-32, 54
FR 34332, Aug. 18, 1989]
Effective Date Note: At 54 FR 34332, August 18, 1989, Sec. 135.93 was
amended by changing the cross reference "Sec. 91.105" to read "Sec. 91.155",
effective August 18, 1990.
Sec. 135.95 Airmen: Limitations on use of services.
No certificate holder may use the services of any person as an airman
unless the person performing those services--
(a) Holds an appropriate and current airman certificate; and
(b) Is qualified, under this chapter, for the operation for which the
person is to be used.
Sec. 135.97 Aircraft and facilities for recent flight experience.
Each certificate holder shall provide aircraft and facilities to enable
each of its pilots to maintain and demonstrate the pilot's ability to conduct
all operations for which the pilot is authorized.
Sec. 135.99 Composition of flight crew.
(a) No certificate holder may operate an aircraft with less than the
minimum flight crew specified in the aircraft operating limitations or the
Aircraft Flight Manual for that aircraft and required by this part for the
kind of operation being conducted.
(b) No certificate holder may operate an aircraft without a second in
command if that aircraft has a passenger seating configuration, excluding any
pilot seat, of ten seats or more.
Sec. 135.100 Flight crewmember duties.
(a) No certificate holder shall require, nor may any flight crewmember
perform, any duties during a critical phase of flight except those duties
required for the safe operation of the aircraft. Duties such as company
required calls made for such nonsafety related purposes as ordering galley
supplies and confirming passenger connections, announcements made to
passengers promoting the air carrier or pointing out sights of interest, and
filling out company payroll and related records are not required for the safe
operation of the aircraft.
(b) No flight crewmember may engage in, nor may any pilot in command
permit, any activity during a critical phase of flight which could distract
any flight crewmember from the performance of his or her duties or which
could interfere in any way with the proper conduct of those duties.
Activities such as eating meals, engaging in nonessential conversations
within the cockpit and nonessential communications between the cabin and
cockpit crews, and reading publications not related to the proper conduct of
the flight are not required for the safe operation of the aircraft.
(c) For the purposes of this section, critical phases of flight includes
all ground operations involving taxi, takeoff and landing, and all other
flight operations conducted below 10,000 feet, except cruise flight.
Note: Taxi is defined as "movement of an airplane under its own power on
the surface of an airport."
[Amdt. 135-11, 46 FR 5502, Jan. 19, 1981]
Sec. 135.101 Second in command required in IFR conditions.
Except as provided in Secs. 135.103 and 135.105, no person may operate an
aircraft carrying passengers in IFR conditions, unless there is a second in
command in the aircraft.
Sec. 135.103 Exception to second in command requirement: IFR operations.
The pilot in command of an aircraft carrying passengers may conduct IFR
operations without a second in command under the following conditions:
(a) A takeoff may be conducted under IFR conditions if the weather reports
or forecasts, or any combination of them, indicate that the weather along the
planned route of flight allows flight under VFR within 15 minutes flying
time, at normal cruise speed, from the takeoff airport.
(b) En route IFR may be conducted if unforecast weather conditions below
the VFR minimums of this chapter are encountered on a flight that was planned
to be conducted under VFR.
(c) An IFR approach may be conducted if, upon arrival at the destination
airport, unforecast weather conditions do not allow an approach to be
completed under VFR.
(d) When IFR operations are conducted under this section:
(1) The aircraft must be properly equipped for IFR operations under this
part.
(2) The pilot must be authorized to conduct IFR operations under this part.
(3) The flight must be conducted in accordance with an ATC IFR clearance.
IFR operations without a second in command may not be conducted under this
section in an aircraft requiring a second in command under Sec. 135.99.
Sec. 135.105 Exception to second in command requirement: Approval for use of
autopilot system.
(a) Except as provided in Secs. 135.99 and 135.111, unless two pilots are
required by this chapter for operations under VFR, a person may operate an
aircraft without a second in command, if it is equipped with an operative
approved autopilot system and the use of that system is authorized by
appropriate operations specifications. No certificate holder may use any
person, nor may any person serve, as a pilot in command under this section of
an aircraft operated by a Commuter Air Carrier (as defined in Sec. 298.2 of
this title) in passenger-carrying operations unless that person has at least
100 hours pilot in command flight time in the make and model of aircraft to
be flown and has met all other applicable requirements of this part.
(b) The certificate holder may apply for an amendment of its operations
specifications to authorize the use of an autopilot system in place of a
second in command.
(c) The Administrator issues an amendment to the operations specifications
authorizing the use of an autopilot system, in place of a second in command,
if--
(1) The autopilot is capable of operating the aircraft controls to maintain
flight and maneuver it about the three axes; and
(2) The certificate holder shows, to the satisfaction of the Administrator,
that operations using the autopilot system can be conducted safely and in
compliance with this part.
The amendment contains any conditions or limitations on the use of the
autopilot system that the Administrator determines are needed in the interest
of safety.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-3, 45 FR
7542, Feb. 4, 1980]
Sec. 135.107 Flight attendant crewmember requirement.
No certificate holder may operate an aircraft that has a passenger seating
configuration, excluding any pilot seat, of more than 19 unless there is a
flight attendant crewmember on board the aircraft.
Sec. 135.109 Pilot in command or second in command: Designation required.
(a) Each certificate holder shall designate a--
(1) Pilot in command for each flight; and
(2) Second in command for each flight requiring two pilots.
(b) The pilot in command, as designated by the certificate holder, shall
remain the pilot in command at all times during that flight.
Sec. 135.111 Second in command required in Category II operations.
No person may operate an aircraft in a Category II operation unless there
is a second in command of the aircraft.
Sec. 135.113 Passenger occupancy of pilot seat.
No certificate holder may operate an aircraft type certificated after
October 15, 1971, that has a passenger seating configuration, excluding any
pilot seat, of more than eight seats if any person other than the pilot in
command, a second in command, a company check airman, or an authorized
representative of the Administrator, the National Transportation Safety
Board, or the United States Postal Service occupies a pilot seat.
Sec. 135.115 Manipulation of controls.
No pilot in command may allow any person to manipulate the flight controls
of an aircraft during flight conducted under this part, nor may any person
manipulate the controls during such flight unless that person is--
(a) A pilot employed by the certificate holder and qualified in the
aircraft; or
(b) An authorized safety representative of the Administrator who has the
permission of the pilot in command, is qualified in the aircraft, and is
checking flight operations.
Sec. 135.117 Briefing of passengers before flight.
(a) Before each takeoff each pilot in command of an aircraft 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 (including, but not limited to, any
applicable requirements of part 252 of this title). This briefing shall
include a statement that the Federal Aviation Regulations require passenger
compliance with the lighted passenger information signs (if such signs are
required), posted placards, areas designated for safety purposes as no
smoking areas, and crewmember instructions with regard to these items. The
briefing shall also include a statement (if the aircraft is equipped with a
lavatory) that Federal law prohibits: tampering with, disabling, or
destroying any smoke detector installed in an aircraft lavatory; smoking in
lavatories; and, when applicable, smoking in passenger compartments.
(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 that
passenger. 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 aircraft.
(c) The oral briefing required by paragraph (a) of this section shall be
given by the pilot in command or a crewmember.
(d) Notwithstanding the provisions of paragraph (c) of this section, for
aircraft certificated to carry 19 passengers or less, the oral briefing
required by paragraph (a) of this section shall be given by the pilot in
command, a crewmember, or other qualified person designated by the
certificate holder and approved by the Administrator.
(e) The oral briefing required by paragraph (a) shall be supplemented by
printed cards which must be carried in the aircraft in locations convenient
for the use of each passenger. The cards must--
(1) Be appropriate for the aircraft on which they are to be used;
(2) Contain a diagram of, and method of operating, the emergency exits; and
(3) Contain other instructions necessary for the use of emergency equipment
on board the aircraft.
(f) The briefing required by paragraph (a) may be delivered by means of an
approved recording playback device that is audible to each passenger under
normal noise levels.
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. 135.119 Prohibition against carriage of weapons.
No person may, while on board an aircraft being operated by a certificate
holder, carry on or about that person a deadly or dangerous weapon, either
concealed or unconcealed. This section does not apply to--
(a) Officials or employees of a municipality or a State, or of the United
States, who are authorized to carry arms; or
(b) Crewmembers and other persons authorized by the certificate holder to
carry arms.
Sec. 135.121 Alcoholic beverages.
(a) No person may drink any alcoholic beverage aboard an aircraft unless
the certificate holder operating the aircraft has served that beverage.
(b) No certificate holder may serve any alcoholic beverage to any person
aboard its aircraft if that person appears to be intoxicated.
(c) No certificate holder may allow any person to board any of its aircraft
if that person appears to be intoxicated.
Sec. 135.122 Stowage of food, beverage, and passenger service equipment
during aircraft movement on the surface, takeoff, and landing.
(a) No certificate holder may move an aircraft 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 aircraft 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 aircraft 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.
Sec. 135.123 Emergency and emergency evacuation duties.
(a) Each certificate holder shall assign to each required crewmember for
each type of aircraft as appropriate, the necessary functions to be performed
in an emergency or in a situation requiring emergency evacuation. The
certificate holder shall ensure that those functions can be practicably
accomplished, and will meet any reasonably anticipated emergency including
incapacitation of individual crewmembers or their inability to reach the
passenger cabin because of shifting cargo in combination cargo-passenger
aircraft.
(b) The certificate holder shall describe in the manual required under Sec.
135.21 the functions of each category of required crewmembers assigned under
paragraph (a) of this section.
Sec. 135.125 Airplane security.
Certificate holders conducting operations under this part shall comply with
the applicable security requirements in Part 108 of this chapter.
[Amdt. 135-10, 46 FR 3791, Jan. 15, 1981]
Sec. 135.127 Passenger information.
(a) No person may conduct a scheduled flight segment on which smoking is
prohibited unless the "No Smoking" passenger information signs are lighted
during the entire flight segment, or one or more "No Smoking" placards
meeting the requirements of Sec. 25.1541 are posted during the entire flight
segment. If both the lighted signs and the placards are used, the signs must
remain lighted during the entire flight segment. Smoking is prohibited on
scheduled flight segments:
(1) 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);
(2) Within the State of Alaska or within the State of Hawaii; or
(3) Scheduled in the current Worldwide or North American Edition of the
Official Airline Guide or 6 hours or less in duration and between any point
listed in paragraph (a)(1) of this section and any point in Alaska or Hawaii,
or between any point in Alaska and any point in Hawaii.
(b) No person may smoke while a "No Smoking" sign is lighted or while "No
Smoking" placards are posted, except that the pilot in command may authorize
smoking on the flight deck (if it is physically separated from the passenger
compartment) except during any movement of an aircraft on the surface,
takeoff, and landing.
(c) No person may smoke in any aircraft lavatory.
(d) After December 31, 1988, no person may operate an aircraft with a
lavatory equipped with a smoke detector unless there is in that lavatory a
sign or placard which reads: "Federal law provides for a penalty of up to
$2,000 for tampering with the smoke detector installed in this lavatory."
(e) No person may tamper with, disable, or destroy any smoke detector
installed in any aircraft lavatory.
(f) On flight segments other than those described in paragraph (a) of this
section, the "No Smoking" sign required by Sec. 135.177(a)(3) of this part
must be turned on during any movement of the aircraft on the surface, for
each takeoff or landing, and at any other time considered necessary by the
pilot in command.
(g) The passenger information requirements prescribed in Sec. 91.517 (b)
and (d) of this chapter are in addition to the requirements prescribed in
this section.
(h) Each passenger shall comply with instructions given him or her by
crewmembers regarding compliance with paragraphs (b), (c), and (e) of this
section.
[Doc. No. 25590, Amdt. 135-35, 55 FR 8367, Mar. 7, 1990; Amdt. 135-35, 55 FR
20135, May 15, 1990, as amended by Amdt. 135-44, 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. 135.128 Use of safety belts and child restraint systems.
(a) Except as provided in this paragraph, each person on board an aircraft
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. For seaplane and float equipped rotorcraft
operations during movement on the surface, the person pushing off the
seaplane or rotorcraft from the dock and the person mooring the seaplane or
rotorcraft at the dock are excepted from the preceding seating and safety
belt requirements. A safety belt provided for the occupant of a seat may not
be used by more than one person who has reached his or her second birthday.
Notwithstanding the preceding requirements, a child may:
(1) Be held by an adult who is occupying an approved seat or berth 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 (a)(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 (a)(2)(ii)(A) and
(a)(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).
(b) 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 a ticket for an approved seat or berth, or such seat
or berth is otherwise made available by the certificate holder for the
child's use, and the requirements contained in paragraphs (a)(2)(i) through
(a)(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.
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)(1) Except for on-demand operations with aircraft having nine or fewer
passenger seats, each certificate holder shall determine, to the extent
necessary to perform the applicable functions of paragraph (d) of this
section, the suitability of each person it permits to occupy an exit seat, in
accordance with this section. For the purpose of this section--
(i) Exit seat means--
(A) Each seat having direct access to an exit; and,
(B) Each seat in a row of seats through which passengers would have to pass
to gain access to an exit, from the first seat inboard of the exit to the
first aisle inboard of the exit.
(ii) A passenger seat having "direct access" means a seat from which a
passenger can proceed directly to the exit without entering an aisle or
passing around an obstruction.
(2) Each certificate holder shall make the passenger exit seating
determinations required by this paragraph in a non-discriminatory manner
consistent with the requirements of this section, by persons designated in
the certificate holder's required operations manual.
(3) Each certificate holder shall designate the exit seats for each
passenger seating configuration in its fleet in accordance with the
definitions in this paragraph and submit those designations for approval as
part of the procedures required to be submitted for approval under paragraphs
(n) and (p) of this section.
(b) No certificate holder may seat a person in a seat affected by this
section if the certificate holder determines that it is likely that the
person would be unable to perform one or more of the applicable functions
listed in paragraph (d) of this section because--
(1) The person lacks sufficient mobility, strength, or dexterity in both
arms and hands, and both legs:
(i) To reach upward, sideways, and downward to the location of emergency
exit and exit-slide operating mechanisms;
(ii) To grasp and push, pull, turn, or otherwise manipulate those
mechanisms;
(iii) To push, shove, pull, or otherwise open emergency exits;
(iv) To lift out, hold, deposit on nearby seats, or maneuver over the
seatbacks to the next row objects the size and weight of over-wing window
exit doors;
(v) To remove obstructions of size and weight similar over-wing exit doors;
(vi) To reach the emergency exit expeditiously;
(vii) To maintain balance while removing obstructions;
(viii) To exit expeditiously;
(ix) To stabilize an escape slide after deployment; or
(x) To assist others in getting off an escape slide;
(2) The person is less than 15 years of age or lacks the capacity to
perform one or more of the applicable functions listed in paragraph (d) of
this section without the assistance of an adult companion, parent, or other
relative;
(3) The person lacks the ability to read and understand instructions
required by this section and related to emergency evacuation provided by the
certificate holder in printed or graphic form or the ability to understand
oral crew commands.
(4) The person lacks sufficient visual capacity to perform one or more of
the applicable functions in paragraph (d) of this section without the
assistance of visual aids beyond contact lenses or eyeglasses;
(5) The person lacks sufficient aural capacity to hear and understand
instructions shouted by flight attendants, without assistance beyond a
hearing aid;
(6) The person lacks the ability adequately to impart information orally to
other passengers; or,
(7) The person has:
(i) A condition or responsibilities, such as caring for small children,
that might prevent the person from performing one or more of the applicable
functions listed in paragraph (d) of this section; or
(ii) A condition that might cause the person harm if he or she performs one
or more of the applicable functions listed in paragraph (d) of this section.
(c) Each passenger shall comply with instructions given by a crewmember or
other authorized employee of the certificate holder implementing exit seating
restrictions established in accordance with this section.
(d) Each certificate holder shall include on passenger information cards,
presented in the language in which briefings and oral commands are given by
the crew, at each exit seat affected by this section, information that, in
the event of an emergency in which a crewmember is not available to assist, a
passenger occupying an exit seat may use if called upon to perform the
following functions:
(1) Locate the emergency exit;
(2) Recognize the emergency exit opening mechanism;
(3) Comprehend the instructions for operating the emergency exit;
(4) Operate the emergency exit;
(5) Assess whether opening the emergency exit will increase the hazards to
which passengers may be exposed;
(6) Follow oral directions and hand signals given by a crewmember;
(7) Stow or secure the emergency exit door so that it will not impede use
of the exit;
(8) Assess the condition of an escape slide, activate the slide, and
stabilize the slide after deployment to assist others in getting off the
slide;
(9) Pass expeditiously through the emergency exit; and
(10) Assess, select, and follow a safe path away from the emergency exit.
(e) Each certificate holder shall include on passenger information cards,
at each exit seat--
(1) In the primary language in which emergency commands are given by the
crew, the selection criteria set forth in paragraph (b) of this section, and
a request that a passenger identify himself or herself to allow reseating if
he or she--
(i) Cannot meet the selection criteria set forth in paragraph (b) of this
section;
(ii) Has a nondiscernible condition that will prevent him or her from
performing the applicable functions listed in paragraph (d) of this section;
(iii) May suffer bodily harm as the result of performing one or more of
those functions; or
(iv) Does not wish to perform those functions; and,
(2) In each language used by the certificate holder for passenger
information cards, a request that a passenger identify himself or herself to
allow reseating if he or she lacks the ability to read, speak, or understand
the language or the graphic form in which instructions required by this
section and related to emergency evacuation are provided by the certificate
holder, or the ability to understand the specified language in which crew
commands will be given in an emergency;
(3) May suffer bodily harm as the result of performing one or more of those
functions; or,
(4) Does not wish to perform those functions.
A certificate holder shall not require the passenger to disclose his or her
reason for needing reseating.
(f) Each certificate holder shall make available for inspection by the
public at all passenger loading gates and ticket counters at each airport
where it conducts passenger operations, written procedures established for
making determinations in regard to exit row seating.
(g) No certificate holder may allow taxi or pushback unless at least one
required crewmember has verified that no exit seat is occupied by a person
the crewmember determines is likely to be unable to perform the applicable
functions listed in paragraph (d) of this section.
(h) Each certificate holder shall include in its passenger briefings a
reference to the passenger information cards, required by paragraphs (d) and
(e), the selection criteria set forth in paragraph (b), and the functions to
be performed, set forth in paragraph (d) of this section.
(i) Each certificate holder shall include in its passenger briefings a
request that a passenger identify himself or herself to allow reseating if he
or she--
(1) Cannot meet the selection criteria set forth in paragraph (b) of this
section;
(2) Has a nondiscernible condition that will prevent him or her from
performing the applicable functions listed in paragraph (d) of this section;
(3) May suffer bodily harm as the result of performing one or more of those
functions; or,
(4) Does not wish to perform those functions.
A certificate holder shall not require the passenger to disclose his or her
reason for needing reseating.
(j) [Removed and Reserved]
(k) In the event a certificate holder determines in accordance with this
section that it is likely that a passenger assigned to an exit seat would be
unable to perform the functions listed in paragraph (d) of this section or a
passenger requests a non-exit seat, the certificate holder shall
expeditiously relocate the passenger to a non-exit seat.
(l) In the event of full booking in the non-exit seats and if necessary to
accommodate a passenger being relocated from an exit seat, the certificate
holder shall move a passenger who is willing and able to assume the
evacuation functions that may be required, to an exit seat.
(m) A certificate holder may deny transportation to any passenger under
this section only because--
(1) The passenger refuses to comply with instructions given by a crewmember
or other authorized employee of the certificate holder implementing exit
seating restrictions established in accordance with this section, or
(2) The only seat that will physically accommodate the person's handicap is
an exit seat.
(n) In order to comply with this section certificate holders shall--
(1) Establish procedures that address:
(i) The criteria listed in paragraph (b) of this section;
(ii) The functions listed in paragraph (d) of this section;
(iii) The requirements for airport information, passenger information
cards, crewmember verification of appropriate seating in exit seats,
passenger briefings, seat assignments, and denial of transportation as set
forth in this section;
(iv) How to resolve disputes arising from implementation of this section,
including identification of the certificate holder employee on the airport to
whom complaints should be addressed for resolution; and,
(2) Submit their procedures for preliminary review and approval to the
principal operations inspectors assigned to them at the FAA Flight Standards
District Offices that are charged with the overall inspection of their
operations.
(o) Certificate holders shall assign seats prior to boarding consistent
with the criteria listed in paragraph (b) and the functions listed in
paragraph (d) of this section, to the maximum extent feasible.
(p) The procedures required by paragraph (n) of this section will not
become effective until final approval is granted by the Director, Flight
Standards Service, Washington, DC. Approval will be based solely upon the
safety aspects of the certificate holder's procedures.
[Amdt. 135-36, 55 FR 8073, Mar. 6, 1990, as amended by Amdt. 135-45, 57 FR
48664, Oct. 27, 1992]
SUMMARY: The FAA is amending the exit row seating rule to: (1) Replace the
term "exit row seat" with the term "exit seat," to clarify that the rule only
affects seats that provide direct access to an exit and seats in rows through
which passengers must pass to use an exit; (2) prohibit a passenger from
sitting in an exit seat if the passenger cannot read, speak, or understand
the primary language in which emergency oral commands are given by the crew;
(3) require that passenger information cards notify passengers of this
prohibition in all of the languages used on the card for more general
evacuation information; (4) remove the requirement that exit seat information
on passenger information cards be in each language used on the card for more
general evacuation information; and (5) prohibit taxi or pushback until a
crewmember has verified that no exit is occupied by a person the crewmember
determines is unable to perform those functions required in the event of an
emergency in which a crewmember is not available to assist. These actions are
necessary to relieve burdens on both passengers and operators caused by the
restriction of more seats than is necessary in the interest of safety, to
ensure that passengers who cannot respond to emergency commands are not
seated in exit rows, and to remove unnecessarily burdensome and possibly
misleading language requirements for passenger information cards.
This subpart prescribes aircraft and equipment requirements for operations
under this part. The requirements of this subpart are in addition to the
aircraft and equipment requirements of Part 91 of this chapter. However, this
part does not require the duplication of any equipment required by this
chapter.
Sec. 135.143 General requirements.
(a) No person may operate an aircraft under this part unless that aircraft
and its equipment meet the applicable regulations of this chapter.
(b) Except as provided in Sec. 135.179, no person may operate an aircraft
under this part unless the required instruments and equipment in it have been
approved and are in an operable condition.
(c) ATC transponder equipment installed within the time periods indicated
below must meet the performance and environmental requirements of the
following TSO's:
(1) Through January 1, 1992: (i) Any class of TSO-C74b or any class of TSO-
C74c as appropriate, provided that the equipment was manufactured before
January 1, 1990; or
(ii) The appropriate class of TSO-C112 (Mode S).
(2) After January 1, 1992: The appropriate class of TSO-C112 (Mode S). For
purposes of paragraph (c)(2) of this section, "installation" does not
include--
(i) Temporary installation of TSO-C74b or TSO-C74c substitute equipment, as
appropriate, during maintenance of the permanent equipment;
(ii) Reinstallation of equipment after temporary removal for maintenance;
or
(iii) For fleet operations, installation of equipment in a fleet aircraft
after removal of the equipment for maintenance from another aircraft in the
same operator's fleet.
[Doc.No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-22, 52 FR
3392, Feb. 3, 1987]
Sec. 135.145 Aircraft proving tests.
(a) No certificate holder may operate a turbojet airplane, or an aircraft
for which two pilots are required by this chapter for operations under VFR,
if it has not previously proved that aircraft or an aircraft of the same make
and similar design in any operation under this part unless, in addition to
the aircraft certification tests, at least 25 hours of proving tests
acceptable to the Administrator have been flown by that certificate holder
including--
(1) Five hours of night time, if night flights are to be authorized;
(2) Five instrument approach procedures under simulated or actual
instrument weather conditions, if IFR flights are to be authorized; and
(3) Entry into a representative number of en route airports as determined
by the Administrator.
(b) No certificate holder may carry passengers in an aircraft during
proving tests, except those needed to make the tests and those designated by
the Administrator to observe the tests. However, pilot flight training may be
conducted during the proving tests.
(c) For the purposes of paragraph (a) of this section an aircraft is not
considered to be of similar design if an alteration includes--
(1) The installation of powerplants other than those of a type similar to
those with which it is certificated; or
(2) Alterations to the aircraft or its components that materially affect
flight characteristics.
(d) The Administrator may authorize deviations from this section if the
Administrator finds that special circumstances make full compliance with this
section unnecessary.
Sec. 135.147 Dual controls required.
No person may operate an aircraft in operations requiring two pilots unless
it is equipped with functioning dual controls. However, if the aircraft type
certification operating limitations do not require two pilots, a throwover
control wheel may be used in place of two control wheels.
Sec. 135.149 Equipment requirements: General.
No person may operate an aircraft unless it is equipped with--
(a) A sensitive altimeter that is adjustable for barometric pressure;
(b) Heating or deicing equipment for each carburetor or, for a pressure
carburetor, an alternate air source;
(c) For turbojet airplanes, in addition to two gyroscopic bank-and-pitch
indicators (artificial horizons) for use at the pilot stations, a third
indicator that is installed in accordance with the instrument requirements
prescribed in Sec. 121.305(j) of this chapter.
(d) [Reserved]
(e) For turbine powered aircraft, any other equipment as the Administrator
may require.
SUMMARY: This final rule amends the airworthiness standards for equipment,
systems, and installations and establishes airworthiness standards for the
installation of electronic display instrument systems in normal, utility,
acrobatic, and commuter category airplanes. It also provides alternative
airworthiness standards for the instrument configuration for general, air
taxi and commercial operations. This amendment updates the airworthiness and
operating requirements to reflect advanced technology being incorporated in
current designs while maintaining an acceptable level of safety.
Sec. 135.150 Public address and crewmember interphone systems.
No person may operate an aircraft having a passenger seating configuration,
excluding any pilot seat, of more than 19 unless it is equipped with--
(a) A public address system which--
(1) Is capable of operation independent of the the crewmember interphone
system required by paragraph (b) of this section, except for handsets,
headsets, microphones, selector switches, and signaling devices;
(2) Is approved in accordance with Sec. 21.305 of this chapter;
(3) Is accessible for immediate use from each of two flight crewmember
stations in the pilot compartment;
(4) For each required floor-level passenger emergency exit which has an
adjacent flight attendant seat, has a microphone which is readily accessible
to the seated flight attendant, except that one microphone may serve more
than one exit, provided the proximity of the exits allows unassisted verbal
communication between seated flight attendants;
(5) Is capable of operation within 10 seconds by a flight attendant at each
of those stations in the passenger compartment from which its use is
accessible;
(6) Is audible at all passenger seats, lavatories, and flight attendant
seats and work stations; and
(7) For transport category airplanes manufactured on or after [insert a
date one year after the effective date of this amendment], meets the
requirements of Sec. 25.1423 of this chapter.
(b) A crewmember interphone system which--
(1) Is capable of operation independent of the public address system
required by paragraph (a) of this section, except for handsets, headsets,
microphones, selector switches, and signaling devices;
(2) Is approved in accordance with Sec. 21.305 of this chapter;
(3) Provides a means of two-way communication between the pilot compartment
and--
(i) Each passenger compartment; and
(ii) Each galley located on other than the main passenger deck level;
(4) Is accessible for immediate use from each of two flight crewmember
stations in the pilot compartment;
(5) Is accessible for use from at least one normal flight attendant station
in each passenger compartment;
(6) Is capable of operation within 10 seconds by a flight attendant at each
of those stations in each passenger compartment from which its use is
accessible; and
(7) For large turbojet-powered airplanes--
(i) Is accessible for use at enough flight attendant stations so that all
floor-level emergency exits (or entryways to those exits in the case of exits
located within galleys) in each passenger compartment are observable from one
or more of those stations so equipped;
(ii) Has an alerting system incorporating aural or visual signals for use
by flight crewmembers to alert flight attendants and for use by flight
attendants to alert flight crewmembers;
(iii) For the alerting system required by paragraph (b)(7)(ii) of this
section, has a means for the recipient of a call to determine whether it is a
normal call or an emergency call; and
(iv) When the airplane is on the ground, provides a means of two-way
communication between ground personnel and either of at least two flight
crewmembers in the pilot compartment. The interphone system station for use
by ground personnel must be so located that personnel using the system may
avoid visible detection from within the airplane.
[Doc. No. 24995, 54 FR 43926, Oct. 27, 1989]
Sec. 135.151 Cockpit voice recorders.
(a) After October 11, 1991, no person may operate a multiengine, turbine-
powered airplane or rotorcraft having a passenger seating configuration of
six or more and for which two pilots are required by certification or
operating rules unless it is equipped with an approved cockpit voice recorder
that:
(1) Is installed in compliance with Sec. 23.1457(a) (1) and (2), (b), (c),
(d), (e), (f), and (g); Sec. 25.1457(a) (1) and (2), (b), (c), (d), (e), (f),
and (g); Sec. 27.1457(a) (1) and (2), (b), (c), (d), (e), (f), and (g); or
Sec. 29.1457(a) (1) and (2), (b), (c), (d), (e), (f), and (g) of this
chapter, as applicable; and
(2) Is operated continuously from the use of the check list before the
flight to completion of the final check list at the end of the flight.
(b) After October 11, 1991, no person may operate a multiengine, turbine-
powered airplane or rotorcraft having a passenger seating configuration of 20
or more seats unless it is equipped with an approved cockpit voice recorder
that--
(1) Is installed in compliance with Sec. 23.1457, Sec. 25.1457, Sec.
27.1457 or Sec. 29.1457 of this chapter, as applicable; and
(2) Is operated continuously from the use of the check list before the
flight to completion of the final check list at the end of the flight.
(c) In the event of an accident, or occurrence requiring immediate
notification of the National Transportation Safety Board which results in
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 may be used
to assist in determining the cause of accidents or occurrences in connection
with investigations. The Administrator does not use the record in any civil
penalty or certificate action.
(d) 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 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.
(e) In complying with this section, an approved cockpit voice recorder
having an erasure feature may be used, so that during the operation of the
recorder, information:
(1) Recorded in accordance with paragraph (a) of this section and recorded
more than 15 minutes earlier; or
(2) Recorded in accordance with paragraph (b) of this section and recorded
more than 30 minutes earlier; may be erased or otherwise obliterated.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-23, 52
FR 9637, Mar. 25, 1987; Amdt. 135-26, 53 FR 26151, July 11, 1988]
Sec. 135.152 Flight recorders.
(a) No person may operate a multiengine, turbine-powered airplane or
rotorcraft having a passenger seating configuration, excluding any pilot
seat, of 10 to 19 seats, that is brought onto the U.S. register 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 B or C, as applicable, of this part must be recorded
within the range accuracy, resolution, and recording intervals as specified.
The recorder shall retain no less than 8 hours of aircraft operation.
(b) After October 11, 1991, no person may operate a multiengine, turbine-
powered airplane having a passenger seating configuration of 20 to 30 seats
or a multiengine, turbine-powered rotorcraft having a passenger seating
configuration of 20 or more seats 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 in Appendix D or E of this part, as applicable, that
are set forth below, must be recorded within the ranges, accuracies,
resolutions, and sampling intervals as specified.
(1) Except as provided in paragraph (b)(3) of this section for aircraft
type certificated before October 1, 1969, the following parameters must be
recorded:
(i) Time;
(ii) Altitude;
(iii) Airspeed;
(iv) Vertical acceleration;
(v) Heading;
(vi) Time of each radio transmission to or from air traffic control;
(vii) Pitch attitude;
(viii) Roll attitude;
(ix) Longitudinal acceleration;
(x) Control column or pitch control surface position; and
(xi) Thrust of each engine.
(2) Except as provided in paragraph (b)(3) of this section for aircraft
type certificated after September 30, 1969, the following parameters must be
recorded:
(i) Time;
(ii) Altitude;
(iii) Airspeed;
(iv) Vertical acceleration;
(v) Heading;
(vi) Time of each radio transmission either to or from air traffic control;
(vii) Pitch attitude;
(viii) Roll attitude;
(ix) Longitudinal acceleration;
(x) Pitch trim position;
(xi) Control column or pitch control surface position;
(xii) Control wheel or lateral control surface position;
(xiii) Rudder pedal or yaw control surface position;
(xiv) Thrust of each engine;
(xv) Position of each thrust reverser;
(xvi) Trailing edge flap or cockpit flap control position; and
(xvii) Leading edge flap or cockpit flap control position.
(3) For aircraft manufactured after October 11, 1991, all of the parameters
listed in Appendix D or E of this part, as applicable, must be recorded.
(c) Whenever a flight recorder required by this section is installed, it
must be operated continuously from the instant the airplane begins the
takeoff roll or the rotorcraft begins the lift-off until the airplane has
completed the landing roll or the rotorcraft has landed at its destination.
(d) Except as provided in paragraph (c) 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) of this section
until the aircraft has been operating for at least 8 hours of the operating
time specified in paragraph (c) of this section. In addition, each
certificate holder shall keep the recorded data prescribed in paragraph (b)
of this section for an airplane until the airplane has been operating for at
least 25 hours, and for a rotorcraft until the rotorcraft has been operating
for at least 10 hours, of the operating time specified in paragraph (c) of
this section. 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 (c)
of this section, no record need be kept more than 60 days.
(e) In the event of an accident or occurrence that requires the immediate
notification of the National Transportation Safety Board under 49 CFR Part
830 of its regulations and that results in termination of the flight, the
certificate holder shall remove the recording media from the aircraft and
keep the recorded data required by paragraphs (a) and (b) of this section for
at least 60 days or for a longer period upon request of the Board or the
Administrator.
(f) Each flight recorder required by this section must be installed in
accordance with the requirements of Secs. 23.1459, 25.1459, 27.1459, or
29.1459, as appropriate, of this chapter. The correlation required by
paragraph (c) of Secs. 23.1459, 25.1459, 27.1459, or 29.1459, as appropriate,
of this chapter need be established only on one aircraft of a group of
aircraft:
(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.
(g) Each flight recorder required by this section that records the data
specified in paragraphs (a) and (b) of this section must have an approved
device to assist in locating that recorder under water.
(a) Except as provided in paragraph (b) of this section, after April 20,
1994, no person may operate a turbine-powered airplane having a passenger
seating configuration, excluding any pilot seat, of 10 seats or more, unless
it is equipped with an approved ground proximity warning system.
(b) Any airplane equipped before April 20, 1992, with an alternative system
that conveys warnings of excessive closure rates with the terrain and any
deviations below glide slope by visual and audible means may continue to be
operated with that system until April 20, 1996, provided that--
(1) The system must have been approved by the Administrator;
(2) The system must have a means of alerting the pilot when a malfunction
occurs in the system; and
(3) Procedures must have been established by the certificate holder to
ensure that the performance of the system can be appropriately monitored.
(c) For a system required by this section, the Airplane Flight Manual shall
contain--
(1) Appropriate procedures for--
(i) The use of the equipment;
(ii) Proper flight crew action with respect to the equipment; and
(iii) Deactivation for planned abnormal and emergency conditions; and
(2) An outline of all input sources that must be operating.
(d) No person may deactivate a system required by this section except under
procedures in the Airplane Flight Manual.
(e) Whenever a system required by this section is deactivated, an entry
shall be made in the airplane maintenance record that includes the date and
time of deactivation.
SUMMARY: This final rule revises the operating rules for air taxi and
commercial operators by requiring that all turbine-powered (rather than just
turbojet) airplanes with ten or more seats be equipped with an approved
ground proximity warning system. These changes are needed because studies
have shown that several controlled flight into terrain accidents involving
turbo-propeller powered airplanes might have been avoided had the airplanes
been equipped with a ground proximity warning system. This final rule is
intended to reduce the risk of airplanes being flown into terrain with no
awareness by the crews that they are approaching the ground.
Sec. 135.155 Fire extinguishers: Passenger-carrying aircraft.
No person may operate an aircraft carrying passengers unless it is equipped
with hand fire extinguishers of an approved type for use in crew and
passenger compartments as follows--
(a) The type and quantity of extinguishing agent must be suitable for the
kinds of fires likely to occur;
(b) At least one hand fire extinguisher must be provided and conveniently
located on the flight deck for use by the flight crew; and
(c) At least one hand fire extinguisher must be conveniently located in the
passenger compartment of each aircraft having a passenger seating
configuration, excluding any pilot seat, of at least 10 seats but less than
31 seats.
Sec. 135.157 Oxygen equipment requirements.
(a) Unpressurized aircraft. No person may operate an unpressurized aircraft
at altitudes prescribed in this section unless it is equipped with enough
oxygen dispensers and oxygen to supply the pilots under Sec. 135.89(a) and to
supply, when flying--
(1) At altitudes above 10,000 feet through 15,000 feet MSL, oxygen to at
least 10 percent of the occupants of the aircraft, other than the pilots, for
that part of the flight at those altitudes that is of more than 30 minutes
duration; and
(2) Above 15,000 feet MSL, oxygen to each occupant of the aircraft other
than the pilots.
(b) Pressurized aircraft. No person may operate a pressurized aircraft--
(1) At altitudes above 25,000 feet MSL, unless at least a 10-minute supply
of supplemental oxygen is available for each occupant of the aircraft, other
than the pilots, for use when a descent is necessary due to loss of cabin
pressurization; and
(2) Unless it is equipped with enough oxygen dispensers and oxygen to
comply with paragraph (a) of this section whenever the cabin pressure
altitude exceeds 10,000 feet MSL and, if the cabin pressurization fails, to
comply with Sec. 135.89 (a) or to provide a 2-hour supply for each pilot,
whichever is greater, and to supply when flying--
(i) At altitudes above 10,000 feet through 15,000 feet MSL, oxygen to at
least 10 percent of the occupants of the aircraft, other than the pilots, for
that part of the flight at those altitudes that is of more than 30 minutes
duration; and
(ii) Above 15,000 feet MSL, oxygen to each occupant of the aircraft, other
than the pilots, for one hour unless, at all times during flight above that
altitude, the aircraft can safely descend to 15,000 feet MSL within four
minutes, in which case only a 30-minute supply is required.
(c) The equipment required by this section must have a means--
(1) To enable the pilots to readily determine, in flight, the amount of
oxygen available in each source of supply and whether the oxygen is being
delivered to the dispensing units; or
(2) In the case of individual dispensing units, to enable each user to make
those determinations with respect to that person's oxygen supply and
delivery; and
(3) To allow the pilots to use undiluted oxygen at their discretion at
altitudes above 25,000 feet MSL.
Sec. 135.158 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 also 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. 135-17, 46 FR 48306, Aug. 31, 1981, as amended by Amdt. 135-33, 54 FR
39294, Sept. 25, 1989]
Sec. 135.159 Equipment requirements: Carrying passengers under VFR at night
or under VFR over-the-top conditions.
No person may operate an aircraft carrying passengers under VFR at night or
under VFR over-the-top, unless it is equipped with--
(a) A gyroscopic rate-of-turn indicator except on the following aircraft:
(1) Airplanes with a third attitude instrument system usable through flight
attitudes of 360 degrees of pitch-and-roll and installed in accordance with
the instrument requirements prescribed in Sec. 121.305(j) of this chapter.
(2) Helicopters with a third attitude instrument system usable through
flight attitudes of +/-80 degrees of pitch and +/-120 degrees of roll and
installed in accordance with Sec. 29.1303(g) of this chapter.
(3) Helicopters with a maximum certificated takeoff weight of 6,000 pounds
or less.
(b) A slip skid indicator.
(c) A gyroscopic bank-and-pitch indicator.
(d) A gyroscopic direction indicator.
(e) A generator or generators able to supply all probable combinations of
continuous in-flight electrical loads for required equipment and for
recharging the battery.
(f) For night flights--
(1) An anticollision light system;
(2) Instrument lights to make all instruments, switches, and gauges easily
readable, the direct rays of which are shielded from the pilots' eyes; and
(3) A flashlight having at least two size "D" cells or equivalent.
(g) For the purpose of paragraph (e) of this section, a continuous in-
flight electrical load includes one that draws current continuously during
flight, such as radio equipment and electrically driven instruments and
lights, but does not include occasional intermittent loads.
(h) Notwithstanding provisions of paragraphs (b), (c), and (d), helicopters
having a maximum certificated takeoff weight of 6,000 pounds or less may be
operated until January 6, 1988, under visual flight rules at night without a
slip skid indicator, a gyroscopic bank-and-pitch indicator, or a gyroscopic
direction indicator.
SUMMARY: This final rule amends the airworthiness standards for equipment,
systems, and installations and establishes airworthiness standards for the
installation of electronic display instrument systems in normal, utility,
acrobatic, and commuter category airplanes. It also provides alternative
airworthiness standards for the instrument configuration for general, air
taxi and commercial operations. This amendment updates the airworthiness and
operating requirements to reflect advanced technology being incorporated in
current designs while maintaining an acceptable level of safety.
Sec. 135.161 Radio and navigational equipment: Carrying passengers under VFR
at night or under VFR over-the-top.
(a) No person may operate an aircraft carrying passengers under VFR at
night, or under VFR over-the-top, 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 aircraft carrying passengers under VFR 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 VFR at
night unless it has radio navigational equipment able to receive radio
signals from the ground facilities to be used.
Sec. 135.163 Equipment requirements: Aircraft carrying passengers under IFR.
No person may operate an aircraft under IFR, carrying passengers, 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) For a single-engine aircraft, a generator or generators able to supply
all probable combinations of continuous inflight electrical loads for
required equipment and for recharging the battery;
(g) For multiengine aircraft, at least two generators each of which is on a
separate engine, of 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 aircraft except
that for multiengine helicopters, the two required generators may be mounted
on the main rotor drive train; and
(h) 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, unless, for single-engine
aircraft, the rate-of-turn indicator has a source of energy separate from the
bank and pitch and direction indicators. For the purpose of this paragraph,
for multiengine aircraft, each engine-driven source of energy must be on a
different engine.
(i) For the purpose 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.
Sec. 135.165 Radio and navigational equipment: Extended overwater or IFR
operations.
(a) No person may operate a turbojet airplane having a passenger seating
configuration, excluding any pilot seat, of 10 seats or more, or a
multiengine airplane carrying passengers as a "Commuter Air Carrier" as
defined in Part 298 of this title, 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.
(b) No person may operate an aircraft other than that specified in
paragraph (a) of this section, 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 and which are capable of
transmitting to, and receiving from, at any place on the route, at least one
ground facility:
(1) A transmitter, (2) two microphones, (3) two headsets or one headset and
one speaker, (4) a marker beacon receiver, (5) two independent receivers for
navigation, (6) two independent receivers for communications, and (7) for
extended overwater operations only, an additional transmitter.
(c) For the purpose of paragraphs (a)(5), (a)(6), (b)(5), and (b)(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. 135.167 Emergency equipment: Extended overwater operations.
(a) No person may operate an aircraft 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 for each occupant of the aircraft. The life preserver must be easily
accessible to each seated occupant.
(2) Enough approved liferafts of a rated capacity and buoyancy to
accommodate the occupants of the aircraft.
(b) Each liferaft required by paragraph (a) of this section must be
equipped with or contain at least the following:
(1) One approved survivor locator light.
(2) One approved pyrotechnic signaling device.
(3) Either--
(i) One survival kit, appropriately equipped for the route to be flown; or
(ii) One canopy (for sail, sunshade, or rain catcher);
(iii) One radar reflector;
(iv) One liferaft repair kit;
(v) One bailing bucket;
(vi) One signaling mirror;
(vii) One police whistle;
(viii) One raft knife;
(ix) One CO2 bottle for emergency inflation;
(x) One inflation pump;
(xi) Two oars;
(xii) One 75-foot retaining line;
(xiii) One magnetic compass;
(xiv) One dye marker;
(xv) One flashlight having at least two size "D" cells or equivalent;
(xvi) A 2-day supply of emergency food rations supplying at least 1,000
calories per day for each person;
(xvii) For each two persons the raft is rated to carry, two pints of water
or one sea water desalting kit;
(xviii) One fishing kit; and
(xix) One book on survival appropriate for the area in which the aircraft
is operated.
(c) No person may operate an aircraft 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 the
applicable requirements of TSO-C91. Batteries used in this transmitter must
be replaced (or recharged, if the battery is rechargeable) when the
transmitter has been in use for more than 1 cumulative hour, 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, paragraph (g)(2) of this section has expired. The new
expiration date for the replacement or recharged battery must be legibly
marked on the outside of the transmitter. The battery useful life or useful
life of charge requirements of this paragraph do not apply to batteries (such
as water-activated batteries) that are essentially unaffected during probable
storage intervals.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-4, 45 FR
38348, June 30, 1980; Amdt. 135-20, 51 FR 40710, Nov. 7, 1986]
Sec. 135.169 Additional airworthiness requirements.
(a) Except for commuter category airplanes, no person may operate a large
airplane unless it meets the additional airworthiness requirements of Secs.
121.213 through 121.283, 121.307, and 121.312 of this chapter.
(b) No person may operate a reciprocating-engine or turbopropeller-powered
small airplane that has a passenger seating configuration, excluding pilot
seats, of 10 seats or more unless it is type certificated--
(1) In the transport category;
(2) Before July 1, 1970, in the normal category and meets special
conditions issued by the Administrator for airplanes intended for use in
operations under this part;
(3) Before July 19, 1970, in the normal category and meets the additional
airworthiness standards in Special Federal Aviation Regulation No. 23;
(4) In the normal category and meets the additional airworthiness standards
in Appendix A;
(5) In the normal category and complies with section 1.(a) of Special
Federal Aviation Regulation No. 41;
(6) In the normal category and complies with section 1.(b) of Special
Federal Aviation Regulation No. 41; or
(7) In the commuter category.
(c) No person may operate a small airplane with a passenger seating
configuration, excluding any pilot seat, of 10 seats or more, with a seating
configuration greater than the maximum seating configuration used in that
type airplane in operations under this part before August 19, 1977. This
paragraph does not apply to--
(1) An airplane that is type certificated in the transport category; or
(2) An airplane that complies with--
(i) Appendix A of this part provided that its passenger seating
configuration, excluding pilot seats, does not exceed 19 seats; or
(ii) Special Federal Aviation Regulation No. 41.
(d) Cargo or baggage compartments:
(1) After March 20, 1991, each Class C or D compartment, as defined in Sec.
25.857 of Part 25 of this Chapter, greater than 200 cubic feet in volume in a
transport category airplane type certificated after January 1, 1958, must
have ceiling and sidewall panels which are constructed of:
(i) Glass fiber reinforced resin;
(ii) Materials which meet the test requirements of Part 25, Appendix F,
Part III of this Chapter; or
(iii) In the case of liner installations approved prior to March 20, 1989,
aluminum.
(2) For compliance with this paragraph, the term "liner" includes any
design feature, such as a joint or fastener, which would affect the
capability of the liner to safely contain a fire.
No person may operate an airplane that conforms to an amended or
supplemental type certificate issued in accordance with SFAR No. 41 for a
maximum certificated takeoff weight in excess of 12,500 pounds, unless within
one year after issuance of the initial airworthiness certificate under that
SFAR, the airplane meets the compartment interior requirements set forth in
Sec. 25.853 (a), (b), (b-1), (b-2), and (b-3) of this chapter in effect on
September 26, 1978.
[44 FR 53731, Sept. 17, 1979]
Sec. 135.171 Shoulder harness installation at flight crewmember stations.
(a) No person may operate a turbojet aircraft or an aircraft having a
passenger seating configuration, excluding any pilot seat, of 10 seats or
more unless it is equipped with an approved shoulder harness installed for
each flight crewmember station.
(b) Each flight crewmember occupying a station equipped with a shoulder
harness must fasten the shoulder harness during takeoff and landing, except
that the shoulder harness may be unfastened if the crewmember cannot perform
the required duties with the shoulder harness fastened.
Sec. 135.173 Airborne thunderstorm detection equipment requirements.
(a) No person may operate an aircraft that has a passenger seating
configuration, excluding any pilot seat, of 10 seats or more in passenger-
carrying operations, except a helicopter operating under day VFR conditions,
unless the aircraft is equipped with either approved thunderstorm detection
equipment or approved airborne weather radar equipment.
(b) After January 6, 1988, no person may operate a helicopter that has a
passenger seating configuration, excluding any pilot seat, of 10 seats or
more in passenger-carrying operations, under night VFR when current weather
reports indicate that thunderstorms or other potentially hazardous weather
conditions that can be detected with airborne thunderstorm detection
equipment may reasonably be expected along the route to be flown, unless the
helicopter is equipped with either approved thunderstorm detection equipment
or approved airborne weather radar equipment.
(c) 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 thunderstorm
detection equipment, required by paragraph (a) or (b) of this section, may
reasonably be expected along the route to be flown, unless the airborne
thunderstorm detection equipment is in satisfactory operating condition.
(d) If the airborne thunderstorm detection equipment becomes inoperative en
route, the aircraft must be operated under the instructions and procedures
specified for that event in the manual required by Sec. 135.21.
(e) This section does not apply to aircraft 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.
(f) Without regard to any other provision of this part, an alternate
electrical power supply is not required for airborne thunderstorm detection
equipment.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-20, 51
FR 40710, Nov. 7, 1986]
Sec. 135.175 Airborne weather radar equipment requirements.
(a) No person may operate a large, transport category aircraft in
passenger-carrying operations unless approved airborne weather radar
equipment is installed in the aircraft.
(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 aircraft must be operated under the instructions and procedures specified
for that event in the manual required by Sec. 135.21.
(d) This section does not apply to aircraft 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. 135.177 Emergency equipment requirements for aircraft having a
passenger seating configuration of more than 19 passengers.
(a) No person may operate an aircraft having a passenger seating
configuration, excluding any pilot seat, of more than 19 seats 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-319a, 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:
Contents Quantity
Adhesive bandage compressors, 1 in 16
Antiseptic swabs 20
Ammonia inhalants 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 must be fastened. The signs must be
constructed so that they can be turned on during any movement of the aircraft
on the surface, for each takeoff or landing, and at other times considered
necessary by the pilot in command. "No smoking" signs shall be turned on when
required by Sec. 135.127.
(4) [Reserved]
(b) Each item of equipment must be inspected regularly under inspection
periods established in the operations specifications to ensure its condition
for continued serviceability and immediate readiness to perform its intended
emergency purposes.
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.
No person may operate an airplane having a passenger seating configuration
of more than 19 seats, unless it has the additional emergency equipment
specified in paragraphs (a) through (l) of this section.
(a) Means for emergency evacuation. Each passenger-carrying landplane
emergency exit (other than over-the-wing) that is more than 6 feet from the
ground, with the airplane on the ground and the landing gear extended, must
have an approved means to assist the occupants in descending to the ground.
The assisting means for a floor-level emergency exit must meet the
requirements of Sec. 25.809(f)(1) of this chapter in effect on April 30,
1972, except that, for any airplane for which the application for the type
certificate was filed after that date, it must meet the requirements under
which the airplane was type certificated. An assisting means that deploys
automatically must be armed during taxiing, takeoffs, and landings; however,
the Administrator may grant a deviation from the requirement of automatic
deployment if he finds that the design of the exit makes compliance
impractical, if the assisting means automatically erects upon deployment and,
with respect to required emergency exits, if an emergency evacuation
demonstration is conducted in accordance with Sec. 121.291(a) of this
chapter. This paragraph does not apply to the rear window emergency exit of
Douglas DC-3 airplanes operated with fewer than 36 occupants, including
crewmembers, and fewer than five exits authorized for passenger use.
(b) Interior emergency exit marking. The following must be complied with
for each passenger-carrying airplane:
(1) Each passenger emergency exit, its means of access, and its means of
opening must be conspicuously marked. The identity and location of each
passenger emergency exit must be recognizable from a distance equal to the
width of the cabin. The location of each passenger emergency exit must be
indicated by a sign visible to occupants approaching along the main passenger
aisle. There must be a locating sign--
(i) Above the aisle near each over-the-wing passenger emergency exit, or at
another ceiling location if it is more practical because of low headroom;
(ii) Next to each floor level passenger emergency exit, except that one
sign may serve two such exits if they both can be seen readily from that
sign; and
(iii) On each bulkhead or divider that prevents fore and aft vision along
the passenger cabin, to indicate emergency exits beyond and obscured by it,
except that if this is not possible, the sign may be placed at another
appropriate location.
(2) Each passenger emergency exit marking and each locating sign must meet
the following:
(i) For an airplane for which the application for the type certificate was
filed prior to May 1, 1972, each passenger emergency exit marking and each
locating sign must be manufactured to meet the requirements of Sec. 25.812(b)
of this chapter in effect on April 30, 1972. On these airplanes, no sign may
continue to be used if its luminescence (brightness) decreases to below 100
microlamberts. The colors may be reversed if it increases the emergency
illumination of the passenger compartment. However, the Administrator may
authorize deviation from the 2-inch background requirements if he finds that
special circumstances exist that make compliance impractical and that the
proposed deviation provides an equivalent level of safety.
(ii) For an airplane for which the application for the type certificate was
filed on or after May 1, 1972, each passenger emergency exit marking and each
locating sign must be manufactured to meet the interior emergency exit
marking requirements under which the airplane was type certificated. On these
airplanes, no sign may continue to be used if its luminescence (brightness)
decreases to below 250 microlamberts.
(c) Lighting for interior emergency exit markings. Each passenger-carrying
airplane must have an emergency lighting system, independent of the main
lighting system; however, sources of general cabin illumination may be common
to both the emergency and the main lighting systems if the power supply to
the emergency lighting system is independent of the power supply to the main
lighting system. The emergency lighting system must--
(1) Illuminate each passenger exit marking and locating sign;
(2) Provide enough general lighting in the passenger cabin so that the
average illumination when measured at 40-inch intervals at seat armrest
height, on the centerline of the main passenger aisle, is at least 0.05 foot-
candles; and
(3) For airplanes type certificated after January 1, 1958, include floor
proximity emergency escape path marking which meets the requirements of Sec.
25.812(e) of this chapter in effect on November 26, 1984.
(d) Emergency light operation. Except for lights forming part of emergency
lighting subsystems provided in compliance with Sec. 25.812(h) of this
chapter (as prescribed in paragraph (h) of this section) that serve no more
than one assist means, are independent of the airplane's main emergency
lighting systems, and are automatically activated when the assist means is
deployed, each light required by paragraphs (c) and (h) of this section must:
(1) Be operable manually both from the flightcrew station and from a point
in the passenger compartment that is readily accessible to a normal flight
attendant seat;
(2) Have a means to prevent inadvertent operation of the manual controls;
(3) When armed or turned on at either station, remain lighted or become
lighted upon interruption of the airplane's normal electric power;
(4) Be armed or turned on during taxiing, takeoff, and landing. In showing
compliance with this paragraph, a transverse vertical separation of the
fuselage need not be considered;
(5) Provide the required level of illumination for at least 10 minutes at
the critical ambient conditions after emergency landing; and
(6) Have a cockpit control device that has an "on," "off," and "armed"
position.
(e) Emergency exit operating handles. (1) For a passenger-carrying airplane
for which the application for the type certificate was filed prior to May 1,
1972, the location of each passenger emergency exit operating handle, and
instructions for opening the exit, must be shown by a marking on or near the
exit that is readable from a distance of 30 inches. In addition, for each
Type I and Type II emergency exit with a locking mechanism released by rotary
motion of the handle, the instructions for opening must be shown by--
(i) A red arrow with a shaft at least three-fourths inch wide and a head
twice the width of the shaft, extending along at least 70 deg. of arc at a
radius approximately equal to three-fourths of the handle length; and
(ii) The word "open" in red letters 1 inch high placed horizontally near
the head of the arrow.
(2) For a passenger-carrying airplane for which the application for the
type certificate was filed on or after May 1, 1972, the location of each
passenger emergency exit operating handle and instructions for opening the
exit must be shown in accordance with the requirements under which the
airplane was type certificated. On these airplanes, no operating handle or
operating handle cover may continue to be used if its luminescence
(brightness) decreases to below 100 microlamberts.
(f) Emergency exit access. Access to emergency exits must be provided as
follows for each passenger-carrying airplane:
(1) Each passageway between individual passenger areas, or leading to a
Type I or Type II emergency exit, must be unobstructed and at least 20 inches
wide.
(2) There must be enough space next to each Type I or Type II emergency
exit to allow a crewmember to assist in the evacuation of passengers without
reducing the unobstructed width of the passageway below that required in
paragraph (f)(1) of this section; however, the Administrator may authorize
deviation from this requirement for an airplane certificated under the
provisions of part 4b of the Civil Air Regulations in effect before December
20, 1951, if he finds that special circumstances exist that provide an
equivalent level of safety.
(3) There must be access from the main aisle to each Type III and Type IV
exit. The access from the aisle to these exits must not be obstructed by
seats, berths, or other protrusions in a manner that would reduce the
effectiveness of the exit. In addition, for a transport category airplane
type certificated after January 1, 1958, there must be placards installed in
accordance with Sec. 25.813(c)(3) of this chapter for each Type III exit
after December 3, 1992.
(4) If it is necessary to pass through a passageway between passenger
compartments to reach any required emergency exit from any seat in the
passenger cabin, the passageway must not be obstructed. Curtains may,
however, be used if they allow free entry through the passageway.
(5) No door may be installed in any partition between passenger
compartments.
(6) If it is necessary to pass through a doorway separating the passenger
cabin from other areas to reach a required emergency exit from any passenger
seat, the door must have a means to latch it in the open position, and the
door must be latched open during each takeoff and landing. The latching means
must be able to withstand the loads imposed upon it when the door is
subjected to the ultimate inertia forces, relative to the surrounding
structure, listed in Sec. 25.561(b) of this chapter.
(g) Exterior exit markings. Each passenger emergency exit and the means of
opening that exit from the outside must be marked on the outside of the
airplane. There must be a 2-inch colored band outlining each passenger
emergency exit on the side of the fuselage. Each outside marking, including
the band, must be readily distinguishable from the surrounding fuselage area
by contrast in color. The markings must comply with the following:
(1) If the reflectance of the darker color is 15 percent or less, the
reflectance of the lighter color must be at least 45 percent.
(2) If the reflectance of the darker color is greater than 15 percent, at
least a 30 percent difference between its reflectance and the reflectance of
the lighter color must be provided.
(3) Exits that are not in the side of the fuselage must have the external
means of opening and applicable instructions marked conspicuously in red or,
if red is inconspicuous against the background color, in bright chrome yellow
and, when the opening means for such an exit is located on only one side of
the fuselage, a conspicuous marking to that effect must be provided on the
other side. "Reflectance" is the ratio of the luminous flux reflected by a
body to the luminous flux it receives.
(h) Exterior emergency lighting and escape route. (1) Each passenger-
carrying airplane must be equipped with exterior lighting that meets the
following requirements:
(i) For an airplane for which the application for the type certificate was
filed prior to May 1, 1972, the requirements of Sec. 25.812 (f) and (g) of
this chapter in effect on April 30, 1972.
(ii) For an airplane for which the application for the type certificate was
filed on or after May 1, 1972, the exterior emergency lighting requirements
under which the airplane was type certificated.
(2) Each passenger-carrying airplane must be equipped with a slip-resistant
escape route that meets the following requirements:
(i) For an airplane for which the application for the type certificate was
filed prior to May 1, 1972, the requirements of Sec. 25.803(e) of this
chapter in effect on April 30, 1972.
(ii) For an airplane for which the application for the type certificate was
filed on or after May 1, 1972, the slip-resistant escape route requirements
under which the airplane was type certificated.
(i) Floor level exits. Each floor level door or exit in the side of the
fuselage (other than those leading into a cargo or baggage compartment that
is not accessible from the passenger cabin) that is 44 or more inches high
and 20 or more inches wide, but not wider than 46 inches, each passenger
ventral exit (except the ventral exits on Martin 404 and Convair 240
airplanes), and each tail cone exit, must meet the requirements of this
section for floor level emergency exits. However, the Administrator may grant
a deviation from this paragraph if he finds that circumstances make full
compliance impractical and that an acceptable level of safety has been
achieved.
(j) Additional emergency exits. Approved emergency exits in the passenger
compartments that are in excess of the minimum number of required emergency
exits must meet all of the applicable provisions of this section, except
paragraphs (f) (1), (2), and (3) of this section, and must be readily
accessible.
(k) On each large passenger-carrying turbojet-powered airplane, each
ventral exit and tailcone exit must be--
(1) Designed and constructed so that it cannot be opened during flight; and
(2) Marked with a placard readable from a distance of 30 inches and
installed at a conspicuous location near the means of opening the exit,
stating that the exit has been designed and constructed so that it cannot be
opened during flight.
(l) Portable lights. No person may operate a passenger-carrying airplane
unless it is equipped with flashlight stowage provisions accessible from each
flight attendant seat.
[Doc. No. 26530, Amdt. 135-43, 57 FR 19245, May 4, 1992; 57 FR 29120,
June 30, 1992, as amended at 57 FR 34682, Aug. 6, 1992]
SUMMARY: In the May 4, 1992, issue of the Federal Register (57 FR 19220),
the FAA published a final rule amending its regulations to require improved
access to Type III emergency exits (typically smaller overwing exits) in
transport category airplanes with 60 or more passengers. Those changes affect
air carriers and commercial operators of transport category airplanes
operating under the provisions of part 121 of the Federal Aviation
Regulations (FAR) and air taxi and commercial operators of such airplanes
under the provisions of part 135 of the FAR. This document corrects an error
in that final rule.
Sec. 135.179 Inoperable instruments and equipment.
(a) No person may take off an aircraft with inoperable instruments or
equipment installed unless the following conditions are met:
(1) An approved Minimum Equipment List exists for that aircraft.
(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 aircraft with certain instruments and
equipment in an inoperable condition.
(4) Records identifying the inoperable instruments and equipment and the
information required by (a)(3)(ii) of this section must be available to the
pilot.
(5) The aircraft 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
aircraft 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.
Sec. 135.180 Traffic Alert and Collision Avoidance System.
(a) After February 9, 1995 no person may operate a turbine powered airplane
that has a passenger seating configuration, excluding any pilot seat, of 10
to 30 seats unless it is equipped with an approved traffic alert and
collision avoidance system.
(b) The airplane flight manual required by Sec. 135.21 of this part shall
contain the following information on the TCAS I system required by this
section:
(1) Appropriate procedures for--
(i) The use of the equipment; and
(ii) Proper flightcrew action with respect to the equipment operation.
(2) An outline of all input sources that must be operating for the TCAS to
function properly.
Sec. 135.181 Performance requirements: Aircraft operated over-the-top or in
IFR conditions.
(a) Except as provided in paragraphs (b) and (c) of this section, no person
may--
(1) Operate a single-engine aircraft carrying passengers over-the-top or in
IFR conditions; or
(2) Operate a multiengine aircraft carrying passengers over-the-top or in
IFR conditions at a weight that will not allow it to climb, with the critical
engine inoperative, at least 50 feet a minute when operating at the MEAs of
the route to be flown or 5,000 feet MSL, whichever is higher.
(b) Notwithstanding the restrictions in paragraph (a)(2) of this section,
multiengine helicopters carrying passengers offshore may conduct such
operations in over-the-top or in IFR conditions at a weight that will allow
the helicopter to climb at least 50 feet per minute with the critical engine
inoperative when operating at the MEA of the route to be flown or 1,500 feet
MSL, whichever is higher.
(c) Without regard to paragraph (a) of this section--
(1) If the latest weather reports or forecasts, or any combination of them,
indicate that the weather along the planned route (including takeoff and
landing) allows flight under VFR under the ceiling (if a ceiling exists) and
that the weather is forecast to remain so until at least 1 hour after the
estimated time of arrival at the destination, a person may operate an
aircraft over-the-top; or
(2) If the latest weather reports or forecasts, or any combination of them,
indicate that the weather along the planned route allows flight under VFR
under the ceiling (if a ceiling exists) beginning at a point no more than 15
minutes flying time at normal cruise speed from the departure airport, a
person may--
(i) Take off from the departure airport in IFR conditions and fly in IFR
conditions to a point no more than 15 minutes flying time at normal cruise
speed from that airport;
(ii) Operate an aircraft in IFR conditions if unforecast weather conditions
are encountered while en route on a flight planned to be conducted under VFR;
and
(iii) Make an IFR approach at the destination airport if unforecast weather
conditions are encountered at the airport that do not allow an approach to be
completed under VFR.
(d) Without regard to paragraph (a) of this section, a person may operate
an aircraft over-the-top under conditions allowing--
(1) For multiengine aircraft, descent or continuance of the flight under
VFR if its critical engine fails; or
(2) For single-engine aircraft, descent under VFR if its engine fails.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-20, 51
FR 40710, Nov. 7, 1986]
Sec. 135.183 Performance requirements: Land aircraft operated over water.
No person may operate a land aircraft carrying passengers over water
unless--
(a) It is operated at an altitude that allows it to reach land in the case
of engine failure;
(b) It is necessary for takeoff or landing;
(c) It is a multiengine aircraft operated at a weight that will allow it to
climb, with the critical engine inoperative, at least 50 feet a minute, at an
altitude of 1,000 feet above the surface; or
(d) It is a helicopter equipped with helicopter flotation devices.
Sec. 135.185 Empty weight and center of gravity: Currency requirement.
(a) No person may operate a multiengine aircraft unless the current empty
weight and center of gravity are calculated from values established by actual
weighing of the aircraft within the preceding 36 calendar months.
(b) Paragraph (a) of this section does not apply to--
(1) Aircraft issued an original airworthiness certificate within the
preceding 36 calendar months; and
(2) Aircraft operated under a weight and balance system approved in the
operations specifications of the certificate holder.
Subpart D--VFR/IFR Operating Limitations and Weather Requirements
Sec. 135.201 Applicability.
This subpart prescribes the operating limitations for VFR/IFR flight
operations and associated weather requirements for operations under this
part.
Sec. 135.203 VFR: Minimum altitudes.
Except when necessary for takeoff and landing, no person may operate under
VFR--
(a) An airplane--
(1) During the day, below 500 feet above the surface or less than 500 feet
horizontally from any obstacle; or
(2) At night, at an altitude less than 1,000 feet above the highest
obstacle within a horizontal distance of 5 miles from the course intended to
be flown or, in designated mountainous terrain, less than 2,000 feet above
the highest obstacle within a horizontal distance of 5 miles from the course
intended to be flown; or
(b) A helicopter over a congested area at an altitude less than 300 feet
above the surface.
Sec. 135.205 VFR: Visibility requirements.
(a) No person may operate an airplane under VFR in uncontrolled airspace
when the ceiling is less than 1,000 feet unless flight visibility is at least
2 miles.
(b) No person may operate a helicopter under VFR in uncontrolled airspace
at an altitude of 1,200 feet or less above the surface or in control zones
unless the visibility is at least--
(1) During the day-- 1/2 mile; or
(2) At night--1 mile.
EFFECTIVE DATE NOTE: Amdt. 135-41, 56 FR 65663, Dec. 17, 1991; 57 FR 11575,
Apr. 6, 1992, revised the introductory text of paragraph (b) of Sec. 135.205
effective September 16, 1993. For the convenience of the user, the revised
text is set forth as follows:
Sec. 135.205 VFR: Visibility requirements.
* * * * *
(b) No person may operate a helicopter under VFR in Class G airspace at an
altitude of 1,200 feet or less above the surface or within the lateral
boundaries of the surface areas of Class B, Class C, Class D, or Class E
airspace designated for an airport unless the visibility is at least--
SUMMARY: This final rule amends the Federal Aviation Regulations (FAR) to
adopt certain recommendations of the National Airspace Review (NAR)
concerning changes to regulations and procedures in regard to airspace
classifications. These changes are intended to: (1) Simplify airspace
designations; (2) achieve international commonality of airspace designations;
(3) increase standardization of equipment requirements for operations in
various classifications of airspace; (4) describe appropriate pilot
certificate requirements, visual flight rules (VFR) visibility and distance
from cloud rules, and air traffic services offered in each class of airspace;
and (5) satisfy the responsibilities of the United States as a member of the
International Civil Aviation Organization (ICAO). The final rule also amends
the requirement for minimum distance from clouds in certain airspace areas
and the requirements for communications with air traffic control (ATC) in
certain airspace areas; eliminates airport radar service areas (ARSAs),
control zones, and terminal control areas (TCAs) as airspace classifications;
and eliminates the term "airport traffic area." The FAA believes simplified
airspace classifications will reduce existing airspace complexity and thereby
enhance safety.
EFFECTIVE DATE: These regulations become effective September 16, 1993,
except that Secs. 11.61(c), 91.215(d), 71.601, 71.603, 71.605, 71.607, and
71.609 and Part 75 become effective December 12, 1991, and except that
amendatory instruction number 20, Sec. 71.1, is effective as of December 17,
1991 through September 15, 1993, and that Secs. 71.11 and 71.19 become
effective October 15, 1992. The incorporation by reference of FAA Order
7400.7 in Sec. 71.1 (amendatory instruction number 20) is approved by the
Director of the Federal Register as of December 17, 1991, through September
15, 1993. The incorporation by reference of FAA Order 7400.9 in Sec. 71.1
(amendatory instruction number 24) is approved by the Director of the
Federal Register as of September 16, 1993 through September 15, 1994.
Sec. 135.207 VFR: Helicopter surface reference requirements.
No person may operate a helicopter under VFR unless that person has visual
surface reference or, at night, visual surface light reference, sufficient to
safely control the helicopter.
Sec. 135.209 VFR: Fuel supply.
(a) No person may begin a flight operation in an airplane under VFR unless,
considering wind and forecast weather conditions, it has enough fuel to fly
to the first point of intended landing and, assuming normal cruising fuel
consumption--
(1) During the day, to fly after that for at least 30 minutes; or
(2) At night, to fly after that for at least 45 minutes.
(b) No person may begin a flight operation in a helicopter under VFR
unless, considering wind and forecast weather conditions, it has enough fuel
to fly to the first point of intended landing and, assuming normal cruising
fuel consumption, to fly after that for at least 20 minutes.
Sec. 135.211 VFR: Over-the-top carrying passengers: Operating limitations.
Subject to any additional limitations in Sec. 135.181, no person may
operate an aircraft under VFR over-the-top carrying passengers, unless--
(a) Weather reports or forecasts, or any combination of them, indicate that
the weather at the intended point of termination of over-the-top flight--
(1) Allows descent to beneath the ceiling under VFR and is forecast to
remain so until at least 1 hour after the estimated time of arrival at that
point; or
(2) Allows an IFR approach and landing with flight clear of the clouds
until reaching the prescribed initial approach altitude over the final
approach facility, unless the approach is made with the use of radar under
Sec. 91.175(f) of this chapter; or
(b) It is operated under conditions allowing--
(1) For multiengine aircraft, descent or continuation of the flight under
VFR if its critical engine fails; or
(2) For single-engine aircraft, descent under VFR if its engine fails.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-32, 54
FR 34332, Aug. 18, 1989]
Effective Date Note: At 54 FR 34332, August 18, 1989, Sec. 135.211(a)(2)
was amended by changing the cross reference "Sec. 91.116(f)" to read "Sec.
91.175(f)", effective August 18, 1990.
Sec. 135.213 Weather reports and forecasts.
(a) Whenever a person operating an aircraft under this part is required to
use a weather report or forecast, that person shall use that of the U.S.
National Weather Service, a source approved by the U.S. National Weather
Service, or a source approved by the Administrator. However, for operations
under VFR, the pilot in command may, if such a report is not available, use
weather information based on that pilot's own observations or on those of
other persons competent to supply appropriate observations.
(b) For the purposes of paragraph (a) of this section, weather observations
made and furnished to pilots to conduct IFR operations at an airport must be
taken at the airport where those IFR operations are conducted, unless the
Administrator issues operations specifications allowing the use of weather
observations taken at a location not at the airport where the IFR operations
are conducted. The Administrator issues such operations specifications when,
after investigation by the U.S. National Weather Service and the FAA Flight
Standards District Office charged with the overall inspection of the
certificate holder, it is found that the standards of safety for that
operation would allow the deviation from this paragraph for a particular
operation for which an ATCO operating certificate has been issued.
Sec. 135.215 IFR: Operating limitations.
(a) Except as provided in paragraphs (b), (c) and (d) of this section, no
person may operate an aircraft under IFR outside of controlled airspace or at
any airport that does not have an approved standard instrument approach
procedure.
(b) The Administrator may issue operations specifications to the
certificate holder to allow it to operate under IFR over routes outside
controlled airspace if--
(1) The certificate holder shows the Administrator that the flight crew is
able to navigate, without visual reference to the ground, over an intended
track without deviating more than 5 degrees or 5 miles, whichever is less,
from that track; and
(2) The Administrator determines that the proposed operations can be
conducted safely.
(c) A person may operate an aircraft under IFR outside of controlled
airspace if the certificate holder has been approved for the operations and
that operation is necessary to--
(1) Conduct an instrument approach to an airport for which there is in use
a current approved standard or special instrument approach procedure; or
(2) Climb into controlled airspace during an approved missed approach
procedure; or
(3) Make an IFR departure from an airport having an approved instrument
approach procedure.
(d) The Administrator may issue operations specifications to the
certificate holder to allow it to depart at an airport that does not have an
approved standard instrument approach procedure when the Administrator
determines that it is necessary to make an IFR departure from that airport
and that the proposed operations can be conducted safely. The approval to
operate at that airport does not include an approval to make an IFR approach
to that airport.
Sec. 135.217 IFR: Takeoff limitations.
No person may takeoff an aircraft under IFR from an airport where weather
conditions are at or above takeoff minimums but are below authorized IFR
landing minimums unless there is an alternate airport within 1 hour's flying
time (at normal cruising speed, in still air) of the airport of departure.
Sec. 135.219 IFR: Destination airport weather minimums.
No person may take off an aircraft under IFR or begin an IFR or over-the-
top operation unless the latest weather reports or forecasts, or any
combination of them, indicate that weather conditions at the estimated time
of arrival at the next airport of intended landing will be at or above
authorized IFR landing minimums.
Sec. 135.221 IFR: Alternate airport weather minimums.
No person may designate an alternate airport unless the weather reports or
forecasts, or any combination of them, indicate that the weather conditions
will be at or above authorized alternate airport landing minimums for that
airport at the estimated time of arrival.
Sec. 135.223 IFR: Alternate airport requirements.
(a) Except as provided in paragraph (b) of this section, no person may
operate an aircraft in IFR conditions unless it carries enough fuel
(considering weather reports or forecasts or any combination of them) to--
(1) Complete the flight to the first airport of intended landing;
(2) Fly from that airport to the alternate airport; and
(3) Fly after that for 45 minutes at normal cruising speed or, for
helicopters, fly after that for 30 minutes at normal cruising speed.
(b) Paragraph (a)(2) of this section does not apply if Part 97 of this
chapter prescribes a standard instrument approach procedure for the first
airport of intended landing and, for at least one hour before and after the
estimated time of arrival, the appropriate weather reports or forecasts, or
any combination of them, indicate that--
(1) The ceiling will be at least 1,500 feet above the lowest circling
approach MDA; or
(2) If a circling instrument approach is not authorized for the airport,
the ceiling will be at least 1,500 feet above the lowest published minimum or
2,000 feet above the airport elevation, whichever is higher; and
(3) Visibility for that airport is forecast to be at least three miles, or
two miles more than the lowest applicable visibility minimums, whichever is
the greater, for the instrument approach procedure to be used at the
destination airport.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-20, 51
FR 40710, Nov. 7, 1986]
Sec. 135.225 IFR: Takeoff, approach and landing minimums.
(a) No pilot may begin an instrument approach procedure to an airport
unless--
(1) That airport has a weather reporting facility operated by the U.S.
National Weather Service, a source approved by U.S. National Weather Service,
or a source approved by the Administrator; and
(2) The latest weather report issued by that weather reporting facility
indicates that weather conditions are at or above the authorized IFR landing
minimums for that airport.
(b) No pilot may begin the final approach segment of an instrument approach
procedure to an airport unless the latest weather reported by the facility
described in paragraph (a)(1) of this section indicates that weather
conditions are at or above the authorized IFR landing minimums for that
procedure.
(c) If a pilot has begun the final approach segment of an instrument
approach to an airport under paragraph (b) of this section and a later
weather report indicating below minimum conditions is received after the
aircraft is--
(1) On an ILS final approach and has passed the final approach fix; or
(2) On an ASR or PAR final approach and has been turned over to the final
approach controller; or
(3) On a final approach using a VOR, NDB, or comparable approach procedure;
and the aircraft--
(i) Has passed the appropriate facility or final approach fix; or
(ii) Where a final approach fix is not specified, has completed the
procedure turn and is established inbound toward the airport on the final
approach course within the distance prescribed in the procedure; the approach
may be continued and a landing made if the pilot finds, upon reaching the
authorized MDA or DH, that actual weather conditions are at least equal to
the minimums prescribed for the procedure.
(d) The MDA or DH and visibility landing minimums prescribed in Part 97 of
this chapter or in the operator's operations specifications are increased by
100 feet and 1/2 mile respectively, but not to exceed the ceiling and
visibility minimums for that airport when used as an alternate airport, for
each pilot in command of a turbine-powered airplane who has not served at
least 100 hours as pilot in command in that type of airplane.
(e) Each pilot making an IFR takeoff or approach and landing at a military
or foreign airport shall comply with applicable instrument approach
procedures and weather minimums prescribed by the authority having
jurisdiction over that airport. In addition, no pilot may, at that airport--
(1) Take off under IFR when the visibility is less than 1 mile; or
(2) Make an instrument approach when the visibility is less than 1/2 mile.
(f) If takeoff minimums are specified in Part 97 of this chapter for the
takeoff airport, no pilot may take off an aircraft under IFR when the weather
conditions reported by the facility described in paragraph (a)(1) of this
section are less than the takeoff minimums specified for the takeoff airport
in Part 97 or in the certificate holder's operations specifications.
(g) Except as provided in paragraph (h) of this section, if takeoff
minimums are not prescribed in Part 97 of this chapter for the takeoff
airport, no pilot may take off an aircraft under IFR when the weather
conditions reported by the facility described in paragraph (a)(1) of this
section are less than that prescribed in Part 91 of this chapter or in the
certificate holder's operations specifications.
(h) At airports where straight-in instrument approach procedures are
authorized, a pilot may take off an aircraft under IFR when the weather
conditions reported by the facility described in paragraph (a)(1) of this
section are equal to or better than the lowest straight-in landing minimums,
unless otherwise restricted, if--
(1) The wind direction and velocity at the time of takeoff are such that a
straight-in instrument approach can be made to the runway served by the
instrument approach;
(2) The associated ground facilities upon which the landing minimums are
predicated and the related airborne equipment are in normal operation; and
(3) The certificate holder has been approved for such operations.
Sec. 135.227 Icing conditions: Operating limitations.
(a) No pilot may take off an aircraft that has frost, ice, or snow adhering
to any rotor blade, 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 following
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 all applicable training as required by Sec. 135.341 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
section 34 of Appendix A, 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
aircraft has functioning deicing or anti-icing equipment protecting each
rotor blade, propeller, windshield, wing, stabilizing or control surface, and
each airspeed, altimeter, rate of climb, or flight attitude instrument
system.
(d) No pilot may fly a helicopter under IFR into known or forecast icing
conditions or under VFR into known icing conditions unless it has been type
certificated and appropriately equipped for operations in icing conditions.
(e) Except for an airplane that has ice protection provisions that meet
section 34 of Appendix A, or those for transport category airplane type
certification, no pilot may fly an aircraft into known or forecast severe
icing conditions.
(f) 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), (c), and (d) of this section based on forecast conditions do
not apply.
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.
(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 aircraft 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--
(i) For airplanes, by boundary or runway marker lights;
(ii) For helicopters, by boundary or runway marker lights or reflective
material.
(c) For the purpose 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.
Subpart E--Flight Crewmember Requirements
Sec. 135.241 Applicability.
This subpart prescribes the flight crewmember requirements for operations
under this part.
Sec. 135.243 Pilot in command qualifications.
(a) No certificate holder may use a person, nor may any person serve, as
pilot in command in passenger-carrying operations of a turbojet airplane, of
an airplane having a passenger seating configuration, excluding any pilot
seat, of 10 seats or more, or a multiengine airplane being operated by the
"Commuter Air Carrier" (as defined in Part 298 of this title), unless that
person holds an airline transport pilot certificate with appropriate category
and class ratings and, if required, an appropriate type rating for that
airplane.
(b) Except as provided in paragraph (a) of this section, no certificate
holder may use a person, nor may any person serve, as pilot in command of an
aircraft under VFR unless that person--
(1) Holds at least a commercial pilot certificate with appropriate category
and class ratings and, if required, an appropriate type rating for that
aircraft; and
(2) Has had at least 500 hours time as a pilot, including at least 100
hours of cross-country flight time, at least 25 hours of which were at night;
and
(3) For an airplane, holds an instrument rating or an airline transport
pilot certificate with an airplane category rating; or
(4) For helicopter operations conducted VFR over-the-top, holds a
helicopter instrument rating, or an airline transport pilot certificate with
a category and class rating for that aircraft, not limited to VFR.
(c) Except as provided in paragraph (a) of this section, no certificate
holder may use a person, nor may any person serve, as pilot in command of an
aircraft under IFR unless that person--
(1) Holds at least a commercial pilot certificate with appropriate category
and class ratings and, if required, an appropriate type rating for that
aircraft; and
(2) 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, and 75
hours of actual or simulated instrument time at least 50 hours of which were
in actual flight; and
(3) For an airplane, holds an instrument rating or an airline transport
pilot certificate with an airplane category rating; or
(4) For a helicopter, holds a helicopter instrument rating, or an airline
transport pilot certificate with a category and class rating for that
aircraft, not limited to VFR.
(d) Paragraph (b)(3) of this section does not apply when--
(1) The aircraft used is a single reciprocating-engine-powered airplane;
(2) The certificate holder does not conduct any operation pursuant to a
published flight schedule which specifies five or more round trips a week
between two or more points and places between which the round trips are
performed, and does not transport mail by air under a contract or contracts
with the United States Postal Service having total amount estimated at the
beginning of any semiannual reporting period (January 1-June 30; July 1-
December 31) to be in excess of $20,000 over the 12 months commencing with
the beginning of the reporting period;
(3) The area, as specified in the certificate holder's operations
specifications, is an isolated area, as determined by the Flight Standards
district office, if it is shown that--
(i) The primary means of navigation in the area is by pilotage, since radio
navigational aids are largely ineffective; and
(ii) The primary means of transportation in the area is by air;
(4) Each flight is conducted under day VFR with a ceiling of not less than
1,000 feet and visibility not less than 3 statute miles;
(5) Weather reports or forecasts, or any combination of them, indicate that
for the period commencing with the planned departure and ending 30 minutes
after the planned arrival at the destination the flight may be conducted
under VFR with a ceiling of not less than 1,000 feet and visibility of not
less than 3 statute miles, except that if weather reports and forecasts are
not available, the pilot in command may use that pilot's observations or
those of other persons competent to supply weather observations if those
observations indicate the flight may be conducted under VFR with the ceiling
and visibility required in this paragraph;
(6) The distance of each flight from the certificate holder's base of
operation to destination does not exceed 250 nautical miles for a pilot who
holds a commercial pilot certificate with an airplane rating without an
instrument rating, provided the pilot's certificate does not contain any
limitation to the contrary; and
(7) The areas to be flown are approved by the certificate-holding FAA
Flight Standards district office and are listed in the certificate holder's
operations specifications.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978; 43 FR 49975, Oct 26, 1978, as
amended by Amdt. 135-15, 46 FR 30971, June 11, 1981]
Sec. 135.244 Operating experience.
(a) No certificate holder may use any person, nor may any person serve, as
a pilot in command of an aircraft operated by a Commuter Air Carrier (as
defined in Sec. 298.2 of this title) in passenger-carrying operations, unless
that person has completed, prior to designation as pilot in command, on that
make and basic model aircraft and in that crewmember position, the following
operating experience in each make and basic model of aircraft to be flown:
(1) Aircraft, single engine--10 hours.
(2) Aircraft multiengine, reciprocating engine-powered--15 hours.
(3) Aircraft multiengine, turbine engine-powered--20 hours.
(4) Airplane, turbojet-powered--25 hours.
(b) In acquiring the operating experience, each person must comply with the
following:
(1) The operating experience must be acquired after satisfactory completion
of the appropriate ground and flight training for the aircraft and crewmember
position. Approved provisions for the operating experience must be included
in the certificate holder's training program.
(2) The experience must be acquired in flight during commuter passenger-
carrying operations under this part. However, in the case of an aircraft not
previously used by the certificate holder in operations under this part,
operating experience acquired in the aircraft during proving flights or ferry
flights may be used to meet this requirement.
(3) Each person must acquire the operating experience while performing the
duties of a pilot in command under the supervision of a qualified check
pilot.
(4) The hours of operating experience may be reduced to not less than 50
percent of the hours required by this section by the substitution of one
additional takeoff and landing for each hour of flight.
[Doc. No. 20011, 45 FR 7541, Feb. 4, 1980, as amended by Amdt. 135-9, 45 FR
80461, Dec. 14, 1980]
Sec. 135.245 Second in command qualifications.
(a) Except as provided in paragraph (b), no certificate holder may use any
person, nor may any person serve, as second in command of an aircraft unless
that person holds at least a commercial pilot certificate with appropriate
category and class ratings and an instrument rating. For flight under IFR,
that person must meet the recent instrument experience requirements of Part
61 of this chapter.
(b) A second in command of a helicopter operated under VFR, other than
over-the-top, must have at least a commercial pilot certificate with an
appropriate aircraft category and class rating.
[44 FR 26738, May 7, 1979]
Sec. 135.247 Pilot qualifications: Recent experience.
(a) No certificate holder may use any person, nor may any person serve, as
pilot in command of an aircraft carrying passengers unless, within the
preceding 90 days, that person has--
(1) Made three takeoffs and three landings as the sole manipulator of the
flight controls in an aircraft of the same category and class and, if a type
rating is required, of the same type in which that person is to serve; or
(2) For operation during the period beginning 1 hour after sunset and
ending 1 hour before sunrise (as published in the Air Almanac), made three
takeoffs and three landings during that period as the sole manipulator of the
flight controls in an aircraft of the same category and class and, if a type
rating is required, of the same type in which that person is to serve.
A person who complies with paragraph (a)(2) of this section need not comply
with paragraph (a)(1) of this section.
(b) For the purpose of paragraph (a) of this section, if the aircraft is a
tailwheel airplane, each takeoff must be made in a tailwheel airplane and
each landing must be made to a full stop in a tailwheel airplane.
Sec. 135.249 Use of prohibited drugs.
(a) This section applies to persons who perform a function listed in
Appendix I to Part 121 of this chapter for a certificate holder or an
operator. For the purpose of this section, a person who performs such a
function pursuant to a contract with the certificate holder or the operator
is considered to be performing that function for the certificate holder or
the operator.
(b) No certificate holder or operator may knowingly use any person to
perform, nor may any person perform for a certificate holder or an operator,
either directly or by contract, any function listed in Appendix I to Part 121
of this chapter while that person has a prohibited drug, as defined in that
appendix, in his or her system.
(c) Except as provided in paragraph (d) of this section, no certificate
holder or operator may knowingly use any person to perform, nor may any
person perform for a certificate holder or an operator, either directly or by
contract, any function listed in Appendix I to Part 121 of this chapter if
that person has failed a test or refused to submit to a test required by that
appendix given by any certificate holder or any operator.
(d) Paragraph (c) of this section does not apply to a person who has
received a recommendation to be hired or to return to duty from a medical
review officer in accordance with Appendix I to Part 121 of this chapter or
who has received a special issuance medical certificate after evaluation by
the Federal Air Surgeon for drug dependency in accordance with Part 67 of
this chapter.
(a) Each certificate holder or operator shall test each of its employees
who performs a function listed in Appendix I to Part 121 of this chapter in
accordance with that appendix.
(b) No certificate holder or operator may use any contractor to perform a
function listed in Appendix I to Part 121 of this chapter unless that
contractor tests each employee performing such a function for the certificate
holder or operator in accordance with that appendix.
(a) This section applies to employees who perform a function listed in
appendix J to part 121 of this chapter for a certificate holder or operator
(covered employees). For the purpose of this section, a person who meets the
definition of covered employee in appendix J is considered to be performing
the function for the certificate holder or operator.
(b) Alcohol concentration. No covered employee shall report for duty or
remain on duty requiring the performance of safety-sensitive functions while
having an alcohol concentration of 0.04 or greater. No certificate holder or
operator having actual knowledge that an employee has an alcohol
concentration of 0.04 or greater shall permit the employee to perform or
continue to perform safety-sensitive functions.
(c) On-duty use. No covered employee shall use alcohol while performing
safety-sensitive functions. No certificate holder or operator having actual
knowledge that a covered employee is using alcohol while performing safety-
sensitive functions shall permit the employee to perform or continue to
perform safety-sensitive functions.
(d) Pre-duty use. (1) No covered employee shall perform flight crewmember
or flight attendant duties within 8 hours after using alcohol. No certificate
holder or operator having actual knowledge that such an employee has used
alcohol within 8 hours shall permit the employee to perform or continue to
perform the specified duties.
(2) No covered employee shall perform safety-sensitive duties other than
those specified in paragraph (d)(1) of this section within 4 hours after
using alcohol. No certificate holder or operator having actual knowledge that
such an employee has used alcohol within 4 hours shall permit the employee to
perform or continue to perform safety-sensitive functions.
(e) Use following an accident. No covered employee who has actual knowledge
of an accident involving an aircraft for which he or she performed a safety-
sensitive function at or near the time of the accident shall use alcohol for
8 hours following the accident, unless he or she has been given a post-
accident test under appendix J of part 121 of this chapter, or the employer
has determined that the employee's performance could not have contributed to
the accident.
(f) Refusal to submit to a required alcohol test. No covered employee shall
refuse to submit to a post-accident, random, reasonable suspicion, or follow-
up alcohol test required under appendix J to part 121 of this chapter. No
operator or certificate holder shall permit a covered employee who refuses to
submit to such a test to perform or continue to perform safety-sensitive
functions.
SUMMARY: This final rule prescribes regulations establishing the aviation
industry alcohol misuse prevention program. It includes requirements for an
alcohol testing program for air carrier employees who perform safety-
sensitive duties, in implementation of the FAA-related provisions of the
Omnibus Transportation Employee Testing Act of 1991, which was enacted on
October 28, 1991. Employees who perform safety-sensitive duties directly or
by contract for aviation employers that hold a certificate issued under
certain FAA regulations, operators as defined in the regulations, or air
traffic control facilities not operated by the FAA or the U.S. military must
be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This
final rule requires alcohol testing of these employees, proscribes certain
alcohol-related conduct, and establishes specified consequences for engaging
in alcohol misuse. Employers must provide written materials to covered
employees explaining the program and educating employees about the dangers of
alcohol misuse. Employers must also submit reports to the FAA on the results
of the program. This rule is intended to ensure that public safety is
maintained by preventing alcohol misuse by safety-sensitive aviation
employees.
(a) Each certificate holder and operator must establish an alcohol misuse
prevention program in accordance with the provisions of appendix J to part
121 of this chapter.
(b) No certificate holder or operator shall use any person who meets the
definition of "covered employee" in appendix J to part 121 to perform a
safety-sensitive function listed in that appendix unless such person is
subject to testing for alcohol misuse in accordance with the provisions of
appendix J.
SUMMARY: This final rule prescribes regulations establishing the aviation
industry alcohol misuse prevention program. It includes requirements for an
alcohol testing program for air carrier employees who perform safety-
sensitive duties, in implementation of the FAA-related provisions of the
Omnibus Transportation Employee Testing Act of 1991, which was enacted on
October 28, 1991. Employees who perform safety-sensitive duties directly or
by contract for aviation employers that hold a certificate issued under
certain FAA regulations, operators as defined in the regulations, or air
traffic control facilities not operated by the FAA or the U.S. military must
be subject to an FAA-mandated alcohol misuse prevention program (AMPP). This
final rule requires alcohol testing of these employees, proscribes certain
alcohol-related conduct, and establishes specified consequences for engaging
in alcohol misuse. Employers must provide written materials to covered
employees explaining the program and educating employees about the dangers of
alcohol misuse. Employers must also submit reports to the FAA on the results
of the program. This rule is intended to ensure that public safety is
maintained by preventing alcohol misuse by safety-sensitive aviation
employees.
Subpart F--Flight Crewmember Flight Time Limitations and Rest Requirements
Source: Docket No. 23634, 50 FR 29320, July 18, 1985.
Sec. 135.261 Applicability.
Sections 135.263 through 135.271 prescribe flight time limitations and rest
requirements for operations conducted under this part as follows:
(a) Section 135.263 applies to all operations under this subpart.
(b) Section 135.265 applies to:
(1) Scheduled passenger-carrying operations except those conducted solely
within the state of Alaska. "Scheduled passenger-carrying operations" means
passenger-carrying operations that are conducted in accordance with a
published schedule which covers at least five round trips per week on at
least one route between two or more points, includes dates or times (or
both), and is openly advertised or otherwise made readily available to the
general public, and
(2) Any other operation under this part, if the operator elects to comply
with Sec. 135.265 and obtains an appropriate operations specification
amendment.
(c) Sections 135.267 and 135.269 apply to any operation that is not a
scheduled passenger-carrying operation and to any operation conducted solely
within the State of Alaska, unless the operator elects to comply with Sec.
135.265 as authorized under paragraph (b)(2) of this section.
(d) Section 135.271 contains special daily flight time limits for
operations conducted under the helicopter emergency medical evacuation
service (HEMES).
Sec. 135.263 Flight time limitations and rest requirements: All certificate
holders.
(a) A certificate holder may assign a flight crewmember and a flight
crewmember may accept an assignment for flight time only when the applicable
requirements of Secs. 135.263 through 135.271 are met.
(b) No certificate holder may assign any flight crewmember to any duty with
the certificate holder during any required rest period.
(c) Time spent in transportation, not local in character, that a
certificate holder requires of a flight crewmember and provides to transport
the crewmember to an airport at which he is to serve on a flight as a
crewmember, or from an airport at which he was relieved from duty to return
to his home station, is not considered part of a rest period.
(d) A flight crewmember is not considered to be assigned flight time in
excess of flight time limitations if the flights to which he is assigned
normally terminate within the limitations, but due to circumstances beyond
the control of the certificate holder or flight crewmember (such as adverse
weather conditions), are not at the time of departure expected to reach their
destination within the planned flight time.
Sec. 135.265 Flight time limitations and rest requirements: Scheduled
operations.
(a) No certificate holder may schedule any flight crewmember, and no flight
crewmember may accept an assignment, for flight time in scheduled operations
or in other commercial flying if that crewmember's total flight time in all
commercial flying will exceed--
(1) 1,200 hours in any calendar year.
(2) 120 hours in any calendar month.
(3) 34 hours in any 7 consecutive days.
(4) 8 hours during any 24 consecutive hours for a flight crew consisting of
one pilot.
(5) 8 hours between required rest periods for a flight crew consisting of
two pilots qualified under this part for the operation being conducted.
(b) Except as provided in paragraph (c) of this section, no certificate
holder may schedule a flight crewmember, and no flight crewmember may accept
an assignment, for flight time during the 24 consecutive hours preceding the
scheduled completion of any flight segment without a scheduled rest period
during that 24 hours of at least the following:
(1) 9 consecutive hours of rest for less than 8 hours of scheduled flight
time.
(2) 10 consecutive hours of rest for 8 or more but less than 9 hours of
scheduled flight time.
(3) 11 consecutive hours of rest for 9 or more hours of scheduled flight
time.
(c) A certificate holder may schedule a flight crewmember for less than the
rest required in paragraph (b) of this section or may reduce a scheduled rest
under the following conditions:
(1) A rest required under paragraph (b)(1) of this section may be scheduled
for or reduced to a minimum of 8 hours if the flight crewmember is given a
rest period of at least 10 hours that must begin no later than 24 hours after
the commencement of the reduced rest period.
(2) A rest required under paragraph (b)(2) of this section may be scheduled
for or reduced to a minimum of 8 hours if the flight crewmember is given a
rest period of at least 11 hours that must begin no later than 24 hours after
the commencement of the reduced rest period.
(3) A rest required under paragraph (b)(3) of this section may be scheduled
for or reduced to a minimum of 9 hours if the flight crewmember is given a
rest period of at least 12 hours that must begin no later than 24 hours after
the commencement of the reduced rest period.
(d) Each certificate holder shall relieve each flight crewmember engaged in
scheduled air transportation from all further duty for at least 24
consecutive hours during any 7 consecutive days.
Sec. 135.267 Flight time limitations and rest requirements: Unscheduled one-
and two-pilot crews.
(a) No certificate holder may assign any flight crewmember, and no flight
crewmember may accept an assignment, for flight time as a member of a one- or
two-pilot crew if that crewmember's total flight time in all commercial
flying will exceed--
(1) 500 hours in any calendar quarter.
(2) 800 hours in any two consecutive calendar quarters.
(3) 1,400 hours in any calendar year.
(b) Except as provided in paragraph (c) of this section, during any 24
consecutive hours the total flight time of the assigned flight when added to
any other commercial flying by that flight crewmember may not exceed--
(1) 8 hours for a flight crew consisting of one pilot; or
(2) 10 hours for a flight crew consisting of two pilots qualified under
this Part for the operation being conducted.
(c) A flight crewmember's flight time may exceed the flight time limits of
paragraph (b) of this section if the assigned flight time occurs during a
regularly assigned duty period of no more than 14 hours and--
(1) If this duty period is immediately preceded by and followed by a
required rest period of at least 10 consecutive hours of rest;
(2) If flight time is assigned during this period, that total flight time
when added to any other commercial flying by the flight crewmember may not
exceed--
(i) 8 hours for a flight crew consisting of one pilot; or
(ii) 10 hours for a flight crew consisting of two pilots; and
(3) If the combined duty and rest periods equal 24 hours.
(d) Each assignment under paragraph (b) of this section must provide for at
least 10 consecutive hours of rest during the 24-hour period that precedes
the planned completion time of the assignment.
(e) When a flight crewmember has exceeded the daily flight time limitations
in this section, because of circumstances beyond the control of the
certificate holder or flight crewmember (such as adverse weather conditions),
that flight crewmember must have a rest period before being assigned or
accepting an assignment for flight time of at least--
(1) 11 consecutive hours of rest if the flight time limitation is exceeded
by not more than 30 minutes;
(2) 12 consecutive hours of rest if the flight time limitation is exceeded
by more than 30 minutes, but not more than 60 minutes; and
(3) 16 consecutive hours of rest if the flight time limitation is exceeded
by more than 60 minutes.
(f) The certificate holder must provide each flight crewmember at least 13
rest periods of at least 24 consecutive hours each in each calendar quarter.
(g) The Director, Flight Standards Service may issue operations
specifications authorizing a deviation from any specific requirement of this
section if he finds that the deviation is justified to allow a certificate
holder additional time, but in no case beyond October 1, 1987, to bring its
operations into full compliance with the requirements of this section. Each
application for a deviation must be submitted to the Director, Flight
Standards Service before October 1, 1986. Each applicant for a deviation may
continue to operate under the requirements of Subpart F of this part as in
effect on September 30, 1985 until the Director, Flight Standards Service has
responded to the deviation request.
[Doc. No. 23634, 50 FR 29320, July 18, 1989, as amended by Amdt. 135-33, 54
FR 39294, Sept. 25, 1989]
Sec. 135.269 Flight time limitations and rest requirements: Unscheduled
three- and four-pilot crews.
(a) No certificate holder may assign any flight crewmember, and no flight
crewmember may accept an assignment, for flight time as a member of a three-
or four-pilot crew if that crewmember's total flight time in all commercial
flying will exceed--
(1) 500 hours in any calendar quarter.
(2) 800 hours in any two consecutive calendar quarters.
(3) 1,400 hours in any calendar year.
(b) No certificate holder may assign any pilot to a crew of three or four
pilots, unless that assignment provides--
(1) At least 10 consecutive hours of rest immediately preceding the
assignment;
(2) No more than 8 hours of flight deck duty in any 24 consecutive hours;
(3) No more than 18 duty hours for a three-pilot crew or 20 duty hours for
a four-pilot crew in any 24 consecutive hours;
(4) No more than 12 hours aloft for a three-pilot crew or 16 hours aloft
for a four-pilot crew during the maximum duty hours specified in paragraph
(b)(3) of this section;
(5) Adequate sleeping facilities on the aircraft for the relief pilot;
(6) Upon completion of the assignment, a rest period of at least 12 hours;
(7) For a three-pilot crew, a crew which consists of at least the
following:
(i) A pilot in command (PIC) who meets the applicable flight crewmember
requirements of Subpart E of Part 135;
(ii) A PIC who meets the applicable flight crewmember requirements of
Subpart E of Part 135, except those prescribed in Secs. 135.244 and 135.247;
and
(iii) A second in command (SIC) who meets the SIC qualifications of Sec.
135.245.
(8) For a four-pilot crew, at least three pilots who meet the conditions of
paragraph (b)(7) of this section, plus a fourth pilot who meets the SIC
qualifications of Sec. 135.245.
(c) When a flight crewmember has exceeded the daily flight deck duty
limitation in this section by more than 60 minutes, because of circumstances
beyond the control of the certificate holder or flight crewmember, that
flight crewmember must have a rest period before the next duty period of at
least 16 consecutive hours.
(d) A certificate holder must provide each flight crewmember at least 13
rest periods of at least 24 consecutive hours each in each calendar quarter.
Sec. 135.271 Helicopter hospital emergency medical evacuation service
(HEMES).
(a) No certificate holder may assign any flight crewmember, and no flight
crewmember may accept an assignment for flight time if that crewmember's
total flight time in all commercial flight will exceed--
(1) 500 hours in any calendar quarter.
(2) 800 hours in any two consecutive calendar quarters.
(3) 1,400 hours in any calendar year.
(b) No certificate holder may assign a helicopter flight crewmember, and no
flight crewmember may accept an assignment, for hospital emergency medical
evacuation service helicopter operations unless that assignment provides for
at least 10 consecutive hours of rest immediately preceding reporting to the
hospital for availability for flight time.
(c) No flight crewmember may accrue more than 8 hours of flight time during
any 24-consecutive hour period of a HEMES assignment, unless an emergency
medical evacuation operation is prolonged. Each flight crewmember who exceeds
the daily 8 hour flight time limitation in this paragraph must be relieved of
the HEMES assignment immediately upon the completion of that emergency
medical evacuation operation and must be given a rest period in compliance
with paragraph (h) of this section.
(d) Each flight crewmember must receive at least 8 consecutive hours of
rest during any 24 consecutive hour period of a HEMES assignment. A flight
crewmember must be relieved of the HEMES assignment if he or she has not or
cannot receive at least 8 consecutive hours of rest during any 24 consecutive
hour period of a HEMES assignment.
(e) A HEMES assignment may not exceed 72 consecutive hours at the hospital.
(f) An adequate place of rest must be provided at, or in close proximity
to, the hospital at which the HEMES assignment is being performed.
(g) No certificate holder may assign any other duties to a flight
crewmember during a HEMES assignment.
(h) Each pilot must be given a rest period upon completion of the HEMES
assignment and prior to being assigned any further duty with the certificate
holder of--
(1) At least 12 consecutive hours for an assignment of less than 48 hours.
(2) At least 16 consecutive hours for an assignment of more than 48 hours.
(i) The certificate holder must provide each flight crewmember at least 13
rest periods of at least 24 consecutive hours each in each calendar quarter.
Subpart G--Crewmember Testing Requirements
Sec. 135.291 Applicability.
This subpart prescribes the tests and checks required for pilot and flight
attendant crewmembers and for the approval of check pilots in operations
under this part.
Sec. 135.293 Initial and recurrent pilot testing requirements.
(a) No certificate holder may use a pilot, nor may any person serve as a
pilot, unless, since the beginning of the 12th calendar month before that
service, that pilot has passed a written or oral test, given by the
Administrator or an authorized check pilot, on that pilot's knowledge in the
following areas--
(1) The appropriate provisions of Parts 61, 91, and 135 of this chapter and
the operations specifications and the manual of the certificate holder;
(2) For each type of aircraft to be flown by the pilot, the aircraft
powerplant, major components and systems, major appliances, performance and
operating limitations, standard and emergency operating procedures, and the
contents of the approved Aircraft Flight Manual or equivalent, as applicable;
(3) For each type of aircraft 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
or 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--
(i) Recognizing and avoiding severe weather situations;
(ii) Escaping from severe weather situations, in case of inadvertent
encounters, including low-altitude windshear (except that rotorcraft pilots
are not required to be tested on escaping from low-altitude windshear); and
(iii) Operating in or near thunderstorms (including best penetrating
altitudes), turbulent air (including clear air turbulence), icing, hail, and
other potentially hazardous meteorological conditions; and
(8) New equipment, procedures, or techniques, as appropriate.
(b) No certificate holder may use a pilot, nor may any person serve as a
pilot, in any aircraft unless, since the beginning of the 12th calendar month
before that service, that pilot has passed a competency check given by the
Administrator or an authorized check pilot in that class of aircraft, if
single-engine airplane other than turbojet, or that type of aircraft, if
helicopter, multiengine airplane, or turbojet airplane, to determine the
pilot's competence in practical skills and techniques in that aircraft or
class of aircraft. The extent of the competency check shall be determined by
the Administrator or authorized check pilot 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 aircraft 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. For the purposes of this paragraph, type, as to a
helicopter, means a basic make and model.
(c) The instrument proficiency check required by Sec. 135.297 may be
substituted for the competency check required by this section for the type of
aircraft used in the check.
(d) For the purpose 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 aircraft, with the successful outcome of the maneuver
never in doubt.
(e) The Administrator or authorized check pilot 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 aircraft
simulator or other appropriate training device, if approved by the
Administrator.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-27, 53
FR 37697, Sept. 27, 1988]
Sec. 135.295 Initial and recurrent flight attendant crewmember testing
requirements.
No certificate holder may use a flight attendant crewmember, 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. 135.297 Pilot in command: Instrument proficiency check requirements.
(a) No certificate holder may use a pilot, nor may any person serve, as a
pilot in command of an aircraft under IFR unless, since the beginning of the
6th calendar month before that service, that pilot has passed an instrument
proficiency check under this section administered by the Administrator or an
authorized check pilot.
(b) No pilot may use any type of precision instrument approach procedure
under IFR unless, since the beginning of the 6th calendar month before that
use, the pilot satisfactorily demonstrated that type of approach procedure.
No pilot may use any type of nonprecision approach procedure under IFR
unless, since the beginning of the 6th 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. 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
supercharger 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. Each
pilot taking the instrument proficiency check must show that standard of
competence required by Sec. 135.293(d).
(1) The instrument proficiency check must--
(i) For a pilot in command of an airplane under Sec. 135.243(a), include
the procedures and maneuvers for an airline transport pilot certificate in
the particular type of airplane, if appropriate; and
(ii) For a pilot in command of an airplane or helicopter under Sec.
135.243(c), 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 aircraft,
that pilot must take the instrument proficiency check required by paragraph
(a) of this section in that type of aircraft.
(e) If the pilot in command is assigned to pilot more than one type of
aircraft, that pilot must take the instrument proficiency check required by
paragraph (a) of this section in each type of aircraft 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) If the pilot in command is assigned to pilot both single-engine and
multiengine aircraft, that pilot must initially take the instrument
proficiency check required by paragraph (a) of this section in a multiengine
aircraft, and each succeeding check alternately in single-engine and
multiengine aircraft, but not more than one flight check during each period
described in paragraph (a) of this section. Portions of a required flight
check may be given in an aircraft simulator or other appropriate training
device, if approved by the Administrator.
(g) If the pilot in command is authorized to use an autopilot system in
place of a second in command, that pilot must show, during the required
instrument proficiency check, that the pilot is able (without a second in
command) both with and without using the autopilot to--
(1) Conduct instrument operations competently; and
(2) Properly conduct air-ground communications and comply with complex air
traffic control instructions.
(3) Each pilot taking the autopilot check must show that, while using the
autopilot, the airplane can be operated as proficiently as it would be if a
second in command were present to handle air-ground communications and air
traffic control instructions. The autopilot check need only be demonstrated
once every 12 calendar months during the instrument proficiency check
required under paragraph (a) of this section.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-15, 46
FR 30971, June 11, 1981]
Sec. 135.299 Pilot in command: Line checks: Routes and airports.
(a) No certificate holder may use a pilot, nor may any person serve, as a
pilot in command of a flight unless, since the beginning of the 12th calendar
month before that service, that pilot has passed a flight check in one of the
types of aircraft which that pilot is to fly. The flight check shall--
(1) Be given by an approved check pilot or by the Administrator;
(2) Consist of at least one flight over one route segment; and
(3) Include takeoffs and landings at one or more representative airports.
In addition to the requirements of this paragraph, for a pilot authorized to
conduct IFR operations, at least one flight shall be flown over a civil
airway, an approved off-airway route, or a portion of either of them.
(b) The pilot who conducts the check shall determine whether the pilot
being checked satisfactorily performs the duties and responsibilities of a
pilot in command in operations under this part, and shall so certify in the
pilot training record.
(c) Each certificate holder shall establish in the manual required by Sec.
135.21 a procedure which will ensure that each pilot who has not flown over a
route and into an airport within the preceding 90 days will, before beginning
the flight, become familiar with all available information required for the
safe operation of that flight.
Sec. 135.301 Crewmember: Tests and checks, grace provisions, training to
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, as a flight crewmember in
operations under this part until the pilot has satisfactorily completed the
check.
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) This subpart prescribes requirements for establishing and maintaining
an approved training program for crewmembers, check airmen and instructors,
and other operations personnel, and for the approval and use of aircraft
simulators and other training devices in the conduct of that program.
(b) For the purposes of this subpart, the following terms and definitions
apply:
(1) Initial training. The training required for crewmembers who have not
qualified and served in the same capacity on an aircraft.
(2) Transition training. The training required for crewmembers who have
qualified and served in the same capacity on another aircraft.
(3) Upgrade training. The training required for crewmembers who have
qualified and served as second in command on a particular aircraft type,
before they serve as pilot in command on that aircraft.
(4) Differences training. The training required for crewmembers who have
qualified and served on a particular type aircraft, when the Administrator
finds differences training is necessary before a crewmember serves in the
same capacity on a particular variation of that aircraft.
(5) Recurrent training. The training required for crewmembers to remain
adequately trained and currently proficient for each aircraft, crewmember
position, and type of operation in which the crewmember serves.
(6) In flight. The maneuvers, procedures, or functions that must be
conducted in the aircraft.
Sec. 135.323 Training program: General.
(a) Each certificate holder required to have a training program under Sec.
135.341 shall:
(1) Establish, obtain the appropriate initial and final approval of, and
provide a training program that meets this subpart and that ensures that each
crewmember, flight instructor, check airman, and each person assigned duties
for the carriage and handling of hazardous materials (as defined in 49 CFR
171.8) is adequately trained to perform their assigned duties.
(2) Provide adequate ground and flight training facilities and properly
qualified ground instructors for the training required by this subpart.
(3) Provide and keep current for each aircraft type used and, if
applicable, the particular variations within the aircraft type, appropriate
training material, examinations, forms, instructions, and procedures for use
in conducting the training and checks required by this subpart.
(4) Provide enough flight instructors, check airmen, and simulator
instructors to conduct required flight training and flight checks, and
simulator training courses allowed under this subpart.
(b) Whenever a crewmember who is required to take recurrent training under
this subpart completes the training in the calendar month before, or the
calendar month after, the month in which that training is required, the
crewmember is considered to have completed it in the calendar month in which
it was required.
(c) Each instructor, supervisor, or check airman who is responsible for a
particular ground training subject, segment of flight training, course of
training, flight check, or competence check under this part shall certify as
to the proficiency and knowledge of the crewmember, flight instructor, or
check airman concerned upon completion of that training or check. That
certification shall be made a part of the crewmember's record. When the
certification required by this paragraph is made by an entry in a
computerized recordkeeping system, the certifying instructor, supervisor, or
check airman, must be identified with that entry. However, the signature of
the certifying instructor, supervisor, or check airman, is not required for
computerized entries.
(d) Training subjects that apply to more than one aircraft or crewmember
position and that have been satisfactorily completed during previous training
while employed by the certificate holder for another aircraft or another
crewmember position, need not be repeated during subsequent training other
than recurrent training.
(e) Aircraft simulators and other training devices may be used in the
certificate holder's training program if approved by the Administrator.
Sec. 135.325 Training program and revision: Initial and final approval.
(a) To obtain initial and final approval of a training program, or a
revision to an approved training program, each certificate holder must submit
to the Administrator--
(1) An outline of the proposed or revised curriculum, that provides enough
information for a preliminary evaluation of the proposed training program or
revision; and
(2) Additional relevant information that may be requested by the
Administrator.
(b) If the proposed training program or revision complies with this
subpart, the Administrator grants initial approval in writing after which the
certificate holder may conduct the training under that program. The
Administrator then evaluates the effectiveness of the training program and
advises the certificate holder of deficiencies, if any, that must be
corrected.
(c) The Administrator grants final approval of the proposed training
program or revision if the certificate holder shows that the training
conducted under the initial approval in paragraph (b) of this section ensures
that each person who successfully completes the training is adequately
trained to perform that person's assigned duties.
(d) Whenever the Administrator finds that revisions are necessary for the
continued adequacy of a training program that has been granted final
approval, the certificate holder shall, after notification by the
Administrator, make any changes in the program that are found necessary by
the Administrator. Within 30 days after the certificate holder receives the
notice, it may file a petition to reconsider the notice with the
Administrator. The filing of a petition to reconsider stays the notice
pending a decision by the Administrator. However, if the Administrator finds
that there is an emergency that requires immediate action in the interest of
safety, the Administrator may, upon a statement of the reasons, require a
change effective without stay.
Sec. 135.327 Training program: Curriculum.
(a) Each certificate holder must prepare and keep current a written
training program curriculum for each type of aircraft for each crewmember
required for that type aircraft. The curriculum must include ground and
flight training required by this subpart.
(b) Each training program curriculum must include the following:
(1) A list of principal ground training subjects, including emergency
training subjects, that are provided.
(2) A list of all the training devices, mockups, systems trainers,
procedures trainers, or other training aids that the certificate holder will
use.
(3) Detailed descriptions or pictorial displays of the approved normal,
abnormal, and emergency maneuvers, procedures and functions that will be
performed during each flight training phase or flight check, indicating those
maneuvers, procedures and functions that are to be performed during the
inflight portions of flight training and flight checks.
Sec. 135.329 Crewmember training requirements.
(a) Each certificate holder must include in its training program the
following initial and transition ground training as appropriate to the
particular assignment of the crewmember:
(1) Basic indoctrination ground training for newly hired crewmembers
including instruction in at least the--
(i) Duties and responsibilities of crewmembers as applicable;
(ii) Appropriate provisions of this chapter;
(iii) Contents of the certificate holder's operating certificate and
operations specifications (not required for flight attendants); and
(iv) Appropriate portions of the certificate holder's operating manual.
(2) The initial and transition ground training in Secs. 135.345 and
135.349, as applicable.
(3) Emergency training in Sec. 135.331.
(b) Each training program must provide the initial and transition flight
training in Sec. 135.347, as applicable.
(c) Each training program must provide recurrent ground and flight training
in Sec. 135.351.
(d) Upgrade training in Secs. 135.345 and 135.347 for a particular type
aircraft may be included in the training program for crewmembers who have
qualified and served as second in command on that aircraft.
(e) In addition to initial, transition, upgrade and recurrent training,
each training program must provide ground and flight training, instruction,
and practice necessary to ensure that each crewmember--
(1) Remains adequately trained and currently proficient for each aircraft,
crewmember position, and type of operation in which the crewmember serves;
and
(2) Qualifies in new equipment, facilities, procedures, and techniques,
including modifications to aircraft.
Sec. 135.331 Crewmember emergency training.
(a) Each training program must provide emergency training under this
section for each aircraft type, model, and configuration, each crewmember,
and each kind of operation conducted, as appropriate for each crewmember and
the certificate holder.
(b) Emergency training must provide the following:
(1) Instruction in emergency assignments and procedures, including
coordination among crewmembers.
(2) Individual instruction in the location, function, and operation of
emergency equipment including--
(i) Equipment used in ditching and evacuation;
(ii) First aid equipment and its proper use; and
(iii) Portable fire extinguishers, with emphasis on the type of
extinguisher to be used on different classes of fires.
(3) Instruction in the handling of emergency situations including--
(i) Rapid decompression;
(ii) Fire in flight or on the surface and smoke control procedures with
emphasis on electrical equipment and related circuit breakers found in cabin
areas;
(iii) Ditching and evacuation;
(iv) Illness, injury, or other abnormal situations involving passengers or
crewmembers; and
(v) Hijacking and other unusual situations.
(4) Review of the certificate holder's previous aircraft accidents and
incidents involving actual emergency situations.
(c) Each crewmember must perform at least the following emergency drills,
using the proper emergency equipment and procedures, unless the Administrator
finds that, for a particular drill, the crewmember can be adequately trained
by demonstration:
(1) Ditching, if applicable.
(2) Emergency evacuation.
(3) Fire extinguishing and smoke control.
(4) Operation and use of emergency exits, including deployment and use of
evacuation chutes, if applicable.
(5) Use of crew and passenger oxygen.
(6) Removal of life rafts from the aircraft, inflation of the life rafts,
use of life lines, and boarding of passengers and crew, if applicable.
(7) Donning and inflation of life vests and the use of other individual
flotation devices, if applicable.
(d) Crewmembers who serve in operations above 25,000 feet must receive
instruction in the following:
(1) Respiration.
(2) Hypoxia.
(3) Duration of consciousness without supplemental oxygen at altitude.
(4) Gas expansion.
(5) Gas bubble formation.
(6) Physical phenomena and incidents of decompression.
Sec. 135.333 Training requirements: Handling and carriage of hazardous
materials.
(a) Except as provided in paragraph (d) of this section, no certificate
holder may use any person to perform, and no person may perform, any assigned
duties and responsibilities for the handling or carriage of hazardous
materials (as defined in 49 CFR 171.8), unless within the preceding 12
calendar months that person has satisfactorily completed initial or recurrent
training in an appropriate training program established by the certificate
holder, which includes instruction regarding--
(1) The proper shipper certification, packaging, marking, labeling, and
documentation for hazardous materials; and
(2) The compatibility, loading, storage, and handling characteristics of
hazardous materials.
(b) Each certificate holder shall maintain a record of the satisfactory
completion of the initial and recurrent training given to crewmembers and
ground personnel who perform assigned duties and responsibilities for the
handling and carriage of hazardous materials.
(c) Each certificate holder that elects not to accept hazardous materials
shall ensure that each crewmember is adequately trained to recognize those
items classified as hazardous materials.
(d) If a certificate holder operates into or out of airports at which
trained employees or contract personnel are not available, it may use persons
not meeting the requirements of paragraphs (a) and (b) of this section to
load, offload, or otherwise handle hazardous materials if these persons are
supervised by a crewmember who is qualified under paragraphs (a) and (b) of
this section.
Sec. 135.335 Approval of aircraft simulators and other training devices.
(a) Training courses using aircraft simulators and other training devices
may be included in the certificate holder's training program if approved by
the Administrator.
(b) Each aircraft simulator and other training device that is used in a
training course or in checks required under this subpart must meet the
following requirements:
(1) It must be specifically approved for--
(i) The certificate holder; and
(ii) The particular maneuver, procedure, or crewmember function involved.
(2) It must maintain the performance, functional, and other characteristics
that are required for approval.
(3) Additionally, for aircraft simulators, it must be--
(i) Approved for the type aircraft and, if applicable, the particular
variation within type for which the training or check is being conducted; and
(ii) Modified to conform with any modification to the aircraft being
simulated that changes the performance, functional, or other characteristics
required for approval.
(c) A particular aircraft simulator or other training device may be used by
more than one certificate holder.
(d) In granting initial and final approval of training programs or
revisions to them, the Administrator considers the training devices, methods
and procedures listed in the certificate holder's curriculum under Sec.
135.327.
[Doc. No. 16907, 43 FR 46783, Oct. 10, 1978, as amended at 44 FR 26738, May
7, l979]
Sec. 135.337 Training program: Check airmen and instructor qualifications.
(a) No certificate holder may use a person, nor may any person serve, as a
flight instructor or check airman in a training program established under
this subpart unless, for the particular aircraft type involved, that person--
(1) Holds the airman certificate and ratings that must be held to serve as
a pilot in command in operations under this part;
(2) Has satisfactorily completed the appropriate training phases for the
aircraft, including recurrent training, required to serve as a pilot in
command in operations under this part;
(3) Has satisfactorily completed the appropriate proficiency or competency
checks required to serve as a pilot in command in operations under this part;
(4) Has satisfactorily completed the applicable training requirements of
Sec. 135.339;
(5) Holds a Class I or Class II medical certificate required to serve as a
pilot in command in operations under this part;
(6) In the case of a check airman, has been approved by the Administrator
for the airman duties involved; and
(7) In the case of a check airman used in an aircraft simulator only, holds
a Class III medical certificate.
(b) No certificate holder may use a person, nor may any person serve, as a
simulator instructor for a course of training given in an aircraft simulator
under this subpart unless that person--
(1) Holds at least a commercial pilot certificate; and
(2) Has satisfactorily completed the following as evidenced by the approval
of a check airman--
(i) Appropriate initial pilot and flight instructor ground training under
this subpart; and
(ii) A simulator flight training course in the type simulator in which that
person instructs under this subpart.
Sec. 135.339 Check airmen and flight instructors: Initial and transition
training.
(a) The initial and transition ground training for pilot check airmen must
include the following:
(1) Pilot check airman duties, functions, and responsibilities.
(2) The applicable provisions of this chapter and certificate holder's
policies and procedures.
(3) The appropriate methods, procedures, and techniques for conducting the
required checks.
(4) Proper evaluation of pilot performance including the detection of--
(i) Improper and insufficient training; and
(ii) Personal characteristics that could adversely affect safety.
(5) The appropriate corrective action for unsatisfactory checks.
(6) The approved methods, procedures, and limitations for performing the
required normal, abnormal, and emergency procedures in the aircraft.
(b) The initial and transition ground training for pilot flight
instructors, except for the holder of a valid flight instructor certificate,
must include the following:
(1) The fundamental principles of the teaching-learning process.
(2) Teaching methods and procedures.
(3) The instructor-student relationship.
(c) The initial and transition flight training for pilot check airmen and
pilot flight instructors must include the following:
(1) Enough inflight training and practice in conducting flight checks from
the left and right pilot seats in the required normal, abnormal, and
emergency maneuvers to ensure that person's competence to conduct the pilot
flight checks and flight training under this subpart.
(2) The appropriate safety measures to be taken from either pilot seat for
emergency situations that are likely to develop in training.
(3) The potential results of improper or untimely safety measures during
training.
The requirements of paragraphs (c)(2) and (3) of this section may be
accomplished in flight or in an approved simulator.
Sec. 135.341 Pilot and flight attendant crewmember training programs.
(a) Each certificate holder, other than one who uses only one pilot in the
certificate holder's operations, shall establish and maintain an approved
pilot training program, and each certificate holder who uses a flight
attendant crewmember shall establish and maintain an approved flight
attendant training program, that is appropriate to the operations to which
each pilot and flight attendant is to be assigned, and will ensure that they
are adequately trained to meet the applicable knowledge and practical testing
requirements of Secs. 135.293 through 135.301. However, the Administrator may
authorize a deviation from this section if the Administrator finds that,
because of the limited size and scope of the operation, safety will allow a
deviation from these requirements.
(b) Each certificate holder required to have a training program by
paragraph (a) of this section shall include in that program ground and flight
training curriculums for--
(1) Initial training;
(2) Transition training;
(3) Upgrade training;
(4) Differences training; and
(5) Recurrent training.
(c) Each certificate holder required to have a training program by
paragraph (a) of this section shall provide current and appropriate study
materials for use by each required pilot and flight attendant.
(d) The certificate holder shall furnish copies of the pilot and flight
attendant crewmember training program, and all changes and additions, to the
assigned representative of the Administrator. If the certificate holder uses
training facilities of other persons, a copy of those training programs or
appropriate portions used for those facilities shall also be furnished.
Curricula that follow FAA published curricula may be cited by reference in
the copy of the training program furnished to the representative of the
Administrator and need not be furnished with the program.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-18, 47
FR 33396, Aug. 2, 1982]
Sec. 135.343 Crewmember initial and recurrent training requirements.
No certificate holder may use a person, nor may any person serve, as a
crewmember in operations under this part unless that crewmember has completed
the appropriate initial or recurrent training phase of the training program
appropriate to the type of operation in which the crewmember is to serve
since the beginning of the 12th calendar month before that service. This
section does not apply to a certificate holder that uses only one pilot in
the certificate holder's operations.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-18, 47
FR 33396, Aug. 2, 1982]
Sec. 135.345 Pilots: Initial, transition, and upgrade ground training.
Initial, transition, and upgrade ground training for pilots must include
instruction in at least the following, as applicable to their duties:
(a) General subjects--
(1) The certificate holder's flight locating procedures;
(2) Principles and methods for determining weight and balance, and runway
limitations for takeoff and landing;
(3) Enough meteorology to ensure a practical knowledge of weather
phenomena, including the principles of frontal systems, icing, fog,
thunderstorms, windshear and, if appropriate, high altitude weather
situations;
(4) Air traffic control systems, procedures, and phraseology;
(5) Navigation and the use of navigational aids, including instrument
approach procedures;
(6) Normal and emergency communication procedures;
(7) Visual cues before and during descent below DH or MDA; and
(8) Other instructions necessary to ensure the pilot's competence.
(b) For each aircraft type--
(1) A general description;
(2) Performance characteristics;
(3) Engines and propellers;
(4) Major components;
(5) Major aircraft systems (i.e., flight controls, electrical, and
hydraulic), other systems, as appropriate, principles of normal, abnormal,
and emergency operations, appropriate procedures and limitations;
(6) Knowledge and procedures for--
(i) Recognizing and avoiding severe weather situations;
(ii) Escaping from severe weather situations, in case of inadvertent
encounters, including low-altitude windshear (except that rotorcraft pilots
are not required to be trained in escaping from low-altitude windshear);
(iii) Operating in or near thunderstorms (including best penetrating
altitudes), turbulent air (including clear air turbulence), icing, hail, and
other potentially hazardous meteorological conditions; and
(iv) Operating airplanes 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:
(A) The use of holdover times when using deicing/anti-icing fluids;
(B) Airplane deicing/anti-icing procedures, including inspection and check
procedures and responsibilities;
(C) Communications;
(D) 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;
(E) Types and characteristics of deicing/anti-icing fluids, if used by the
certificate holder;
(F) Cold weather preflight inspection procedures;
(G) Techniques for recognizing contamination on the airplane;
(7) Operating limitations;
(8) Fuel consumption and cruise control;
(9) Flight planning;
(10) Each normal and emergency procedure; and
(11) The approved Aircraft Flight Manual, or equivalent.
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. 135.347 Pilots: Initial, transition, upgrade, and differences flight
training.
(a) Initial, transition, upgrade, and differences training for pilots must
include flight and practice in each of the maneuvers and procedures in the
approved training program curriculum.
(b) The maneuvers and procedures required by paragraph (a) of this section
must be performed in flight, except to the extent that certain maneuvers and
procedures may be performed in an aircraft simulator, or an appropriate
training device, as allowed by this subpart.
(c) If the certificate holder's approved training program includes a course
of training using an aircraft simulator or other training device, each pilot
must successfully complete--
(1) Training and practice in the simulator or training device in at least
the maneuvers and procedures in this subpart that are capable of being
performed in the aircraft simulator or training device; and
(2) A flight check in the aircraft or a check in the simulator or training
device to the level of proficiency of a pilot in command or second in
command, as applicable, in at least the maneuvers and procedures that are
capable of being performed in an aircraft simulator or training device.
Sec. 135.349 Flight attendants: Initial and transition ground training.
Initial and transition ground training for flight attendants must include
instruction in at least the following--
(a) General subjects--
(1) The authority of the pilot in command; and
(2) Passenger handling, including procedures to be followed in handling
deranged persons or other persons whose conduct might jeopardize safety.
(b) For each aircraft type--
(1) A general description of the aircraft emphasizing physical
characteristics that may have a bearing on ditching, evacuation, and inflight
emergency procedures and on other related duties;
(2) The use of both the public address system and the means of
communicating with other flight crewmembers, including emergency means in the
case of attempted hijacking or other unusual situations; and
(3) Proper use of electrical galley equipment and the controls for cabin
heat and ventilation.
Sec. 135.351 Recurrent training.
(a) Each certificate holder must ensure that each crewmember receives
recurrent training and is adequately trained and currently proficient for the
type aircraft and crewmember position involved.
(b) Recurrent ground training for crewmembers must include at least the
following:
(1) A quiz or other review to determine the crewmember's knowledge of the
aircraft and crewmember position involved.
(2) Instruction as necessary in the subjects required for initial ground
training by this subpart, as appropriate, including low-altitude windshear
training and training on operating during ground icing conditions, as
prescribed in Sec. 135.341 and described in Sec. 135.345, and emergency
training.
(c) Recurrent flight training for pilots must include, at least, flight
training in the maneuvers or procedures in this subpart, except that
satisfactory completion of the check required by Sec. 135.293 within the
preceding 12 calendar months may be substituted for recurrent flight
training.
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.
(a) Each certificate holder or operator shall provide each employee
performing a function listed in Appendix I to Part 121 of this chapter and
his or her supervisor with the training specified in that appendix.
(b) No certificate holder or operator may use any contractor to perform a
function specified in Appendix I to Part 121 of this chapter unless that
contractor provides each of its employees performing that function for the
certificate holder or the operator and his or her supervisor with the
training specified in that appendix.
[Doc. No. 25148, Amdt. 135-28, 53 FR 47061, Nov. 21, 1988]
(a) This subpart prescribes airplane performance operating limitations
applicable to the operation of the categories of airplanes listed in Sec.
135.363 when operated under this part.
(b) For the purpose of this subpart, "effective length of the runway," for
landing means the distance from the point at which the obstruction clearance
plane associated with the approach end of the runway intersects the
centerline of the runway to the far end of the runway.
(c) For the purpose of this subpart, "obstruction clearance plane" means a
plane sloping upward from the runway at a slope of 1:20 to the horizontal,
and tangent to or clearing all obstructions within a specified area
surrounding the runway as shown in a profile view of that area. In the plan
view, the centerline of the specified area coincides with the centerline of
the runway, beginning at the point where the obstruction clearance plane
intersects the centerline of the runway and proceeding to a point at least
1,500 feet from the beginning point. After that the centerline coincides with
the takeoff path over the ground for the runway (in the case of takeoffs) or
with the instrument approach counterpart (for landings), or, where the
applicable one of these paths has not been established, it proceeds
consistent with turns of at least 4,000-foot radius until a point is reached
beyond which the obstruction clearance plane clears all obstructions. This
area extends laterally 200 feet on each side of the centerline at the point
where the obstruction clearance plane intersects the runway and continues at
this width to the end of the runway; then it increases uniformly to 500 feet
on each side of the centerline at a point 1,500 feet from the intersection of
the obstruction clearance plane with the runway; after that it extends
laterally 500 feet on each side of the centerline.
Sec. 135.363 General.
(a) Each certificate holder operating a reciprocating engine powered large
transport category airplane shall comply with Secs. 135.365 through 135.377.
(b) Each certificate holder operating a turbine engine powered large
transport category airplane shall comply with Secs. 135.379 through 135.387,
except that when it operates a turbopropeller-powered large transport
category airplane certificated after August 29, 1959, but previously type
certificated with the same number of reciprocating engines, it may comply
with Secs. 135.365 through 135.377.
(c) Each certificate holder operating a large nontransport category
airplane shall comply with Secs. 135.389 through 135.395 and any
determination of compliance must be based only on approved performance data.
For the purpose of this subpart, a large nontransport category airplane is an
airplane that was type certificated before July 1, 1942.
(d) Each certificate holder operating a small transport category airplane
shall comply with Sec. 135.397.
(e) Each certificate holder operating a small nontransport category
airplane shall comply with Sec. 135.399.
(f) The performance data in the Airplane Flight Manual applies in
determining compliance with Secs. 135.365 through 135.387. Where conditions
are different from those on which the performance data is based, compliance
is determined by interpolation or by computing the effects of change in the
specific variables, if the results of the interpolation or computations are
substantially as accurate as the results of direct tests.
(g) No person may take off a reciprocating engine powered large transport
category airplane at a weight that is more than the allowable weight for the
runway being used (determined under the runway takeoff limitations of the
transport category operating rules of this subpart) after taking into account
the temperature operating correction factors in section 4a.749a-T or section
4b.117 of the Civil Air Regulations in effect on January 31, 1965, and in the
applicable Airplane Flight Manual.
(h) The Administrator may authorize in the operations specifications
deviations from this subpart if special circumstances make a literal
observance of a requirement unnecessary for safety.
(i) The 10-mile width specified in Secs. 135.369 through 135.373 may be
reduced to 5 miles, for not more than 20 miles, when operating under VFR or
where navigation facilities furnish reliable and accurate identification of
high ground and obstructions located outside of 5 miles, but within 10 miles,
on each side of the intended track.
(j) Each certificate holder operating a commuter category airplane shall
comply with Sec. 135.398.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-21, 52
FR 1836, Jan. 15, 1987]
Sec. 135.365 Large transport category airplanes: Reciprocating engine
powered: Weight limitations.
(a) No person may take off a reciprocating engine powered large transport
category airplane from an airport located at an elevation outside of the
range for which maximum takeoff weights have been determined for that
airplane.
(b) No person may take off a reciprocating engine powered large transport
category airplane for an airport of intended destination that is located at
an elevation outside of the range for which maximum landing weights have been
determined for that airplane.
(c) No person may specify, or have specified, an alternate airport that is
located at an elevation outside of the range for which maximum landing
weights have been determined for the reciprocating engine powered large
transport category airplane concerned.
(d) No person may take off a reciprocating engine powered large transport
category airplane at a weight more than the maximum authorized takeoff weight
for the elevation of the airport.
(e) No person may take off a reciprocating engine powered large transport
category airplane if its weight on arrival at the airport of destination will
be more than the maximum authorized landing weight for the elevation of that
airport, allowing for normal consumption of fuel and oil en route.
Sec. 135.367 Large transport category airplanes: Reciprocating engine
powered: Takeoff limitations.
(a) No person operating a reciprocating engine powered large transport
category airplane may take off that airplane unless it is possible--
(1) To stop the airplane safely on the runway, as shown by the accelerate-
stop distance data, at any time during takeoff until reaching critical-engine
failure speed;
(2) If the critical engine fails at any time after the airplane reaches
critical-engine failure speed V1, to continue the takeoff and reach a height
of 50 feet, as indicated by the takeoff path data, before passing over the
end of the runway; and
(3) To clear all obstacles either by at least 50 feet vertically (as shown
by the takeoff path data) or 200 feet horizontally within the airport
boundaries and 300 feet horizontally beyond the boundaries, without banking
before reaching a height of 50 feet (as shown by the takeoff path data) and
after that without banking more than 15 degrees.
(b) In applying this section, corrections must be made for any runway
gradient. To allow for wind effect, takeoff data based on still air may
be corrected by taking into account not more than 50 percent of any reported
headwind component and not less than 150 percent of any reported tailwind
component.
Sec. 135.369 Large transport category airplanes: Reciprocating engine
powered: En route limitations: All engines operating.
(a) No person operating a reciprocating engine powered large transport
category airplane may take off that airplane at a weight, allowing for normal
consumption of fuel and oil, that does not allow a rate of climb (in feet per
minute), with all engines operating, of at least 6.90 Vso (that is, the
number of feet per minute obtained by multiplying the number of knots by
6.90) at an altitude of a least 1,000 feet above the highest ground or
obstruction within ten miles of each side of the intended track.
(b) This section does not apply to large transport category airplanes
certificated under Part 4a of the Civil Air Regulations.
Sec. 135.371 Large transport category airplanes: Reciprocating engine
powered: En route limitations: One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a reciprocating engine powered large transport category airplane
may take off that airplane at a weight, allowing for normal consumption of
fuel and oil, that does not allow a rate of climb (in feet per minute), with
one engine inoperative, of at least (0.079-0.106/N) Vso2 (where N is the
number of engines installed and Vso is expressed in knots) at an altitude of
least 1,000 feet above the highest ground or obstruction within 10 miles of
each side of the intended track. However, for the purposes of this paragraph
the rate of climb for transport category airplanes certificated under Part 4a
of the Civil Air Regulations is 0.026 Vso2.
(b) In place of the requirements of paragraph (a) of this section, a person
may, under an approved procedure, operate a reciprocating engine powered
large transport category airplane at an all-engines-operating altitude that
allows the airplane to continue, after an engine failure, to an alternate
airport where a landing can be made under Sec. 135.377, allowing for normal
consumption of fuel and oil. After the assumed failure, the flight path must
clear the ground and any obstruction within five miles on each side of the
intended track by at least 2,000 feet.
(c) If an approved procedure under paragraph (b) of this section is used,
the certificate holder shall comply with the following:
(1) The rate of climb (as prescribed in the Airplane Flight Manual for the
appropriate weight and altitude) used in calculating the airplane's flight
path shall be diminished by an amount in feet per minute, equal to (0.079-
0.106/N) Vso2 (when N is the number of engines installed and Vso is expressed
in knots) for airplanes certificated under Part 25 of this chapter and by
0.026 Vso2 for airplanes certificated under Part 4a of the Civil Air
Regulations.
(2) The all-engines-operating altitude shall be sufficient so that in the
event the critical engine becomes inoperative at any point along the route,
the flight will be able to proceed to a predetermined alternate airport by
use of this procedure. In determining the takeoff weight, the airplane is
assumed to pass over the critical obstruction following engine failure at a
point no closer to the critical obstruction than the nearest approved radio
navigational fix, unless the Administrator approves a procedure established
on a different basis upon finding that adequate operational safeguards exist.
(3) The airplane must meet the provisions of paragraph (a) of this section
at 1,000 feet above the airport used as an alternate in this procedure.
(4) The procedure must include an approved method of accounting for winds
and temperatures that would otherwise adversely affect the flight path.
(5) In complying with this procedure, fuel jettisoning is allowed if the
certificate holder shows that it has an adequate training program, that
proper instructions are given to the flight crew, and all other precautions
are taken to ensure a safe procedure.
(6) The certificate holder and the pilot in command shall jointly elect an
alternate airport for which the appropriate weather reports or forecasts, or
any combination of them, indicate that weather conditions will be at or above
the alternate weather minimum specified in the certificate holder's
operations specifications for that airport when the flight arrives.
Sec. 135.373 Part 25 transport category airplanes with four or more engines:
Reciprocating engine powered: En route limitations: Two engines
inoperative.
(a) No person may operate an airplane certificated under Part 25 and having
four or more engines unless--
(1) There is no place along the intended track that is more than 90 minutes
(with all engines operating at cruising power) from an airport that meets
Sec. 135.377; or
(2) It is operated at a weight allowing the airplane, with the two critical
engines inoperative, to climb at 0.013 Vso2 feet per minute (that is, the
number of feet per minute obtained by multiplying the number of knots squared
by 0.013) at an altitude of 1,000 feet above the highest ground or
obstruction within 10 miles on each side of the intended track, or at an
altitude of 5,000 feet, whichever is higher.
(b) For the purposes of paragraph (a)(2) of this section, it is assumed
that--
(1) The two engines fail at the point that is most critical with respect to
the takeoff weight;
(2) Consumption of fuel and oil is normal with all engines operating up to
the point where the two engines fail with two engines operating beyond that
point;
(3) Where the engines are assumed to fail at an altitude above the
prescribed minimum altitude, compliance with the prescribed rate of climb at
the prescribed minimum altitude need not be shown during the descent from the
cruising altitude to the prescribed minimum altitude, if those requirements
can be met once the prescribed minimum altitude is reached, and assuming
descent to be along a net flight path and the rate of descent to be 0.013
Vso2 greater than the rate in the approved performance data; and
(4) If fuel jettisoning is provided, the airplane's weight at the point
where the two engines fail is considered to be not less than that which would
include enough fuel to proceed to an airport meeting Sec. 135.377 and to
arrive at an altitude of at least 1,000 feet directly over that airport.
Sec. 135.375 Large transport category airplanes: Reciprocating engine
powered: Landing limitations: Destination airports.
(a) Except as provided in paragraph (b) of this section, no person
operating a reciprocating engine powered large transport category airplane
may take off that airplane, unless its weight on arrival, allowing for normal
consumption of fuel and oil in flight, would allow a full stop landing at the
intended destination within 60 percent of the effective length of each runway
described below from a point 50 feet directly above the intersection of the
obstruction clearance plane and the runway. For the purposes of determining
the allowable landing weight at the destination airport the following is
assumed:
(1) The airplane is landed on the most favorable runway and in the most
favorable direction in still air.
(2) The airplane is landed on the most suitable runway considering the
probable wind velocity and direction (forecast for the expected time of
arrival), the ground handling characteristics of the type of airplane, and
other conditions such as landing aids and terrain, and allowing for the
effect of the landing path and roll of not more than 50 percent of the
headwind component or not less than 150 percent of the tailwind component.
(b) An airplane that would be prohibited from being taken off because it
could not meet paragraph (a)(2) of this section may be taken off if an
alternate airport is selected that meets all of this section except that the
airplane can accomplish a full stop landing within 70 percent of the
effective length of the runway.
Sec. 135.377 Large transport category airplanes: Reciprocating engine
powered: Landing limitations: Alternate airports.
No person may list an airport as an alternate airport in a flight plan
unless the airplane (at the weight anticipated at the time of arrival at the
airport), based on the assumptions in Sec. 135.375(a) (1) and (2), can be
brought to a full stop landing within 70 percent of the effective length of
the runway.
Sec. 135.379 Large transport category airplanes: Turbine engine powered:
Takeoff limitations.
(a) No person operating a turbine engine powered large transport category
airplane may take off that airplane at a weight greater than that listed in
the Airplane Flight Manual for the elevation of the airport and for the
ambient temperature existing at takeoff.
(b) No person operating a turbine engine powered large transport category
airplane certificated after August 26, 1957, but before August 30, 1959
(SR422, 422A), may take off that airplane at a weight greater than that
listed in the Airplane Flight Manual for the minumum distance required for
takeoff. In the case of an airplane certificated after September 30, 1958
(SR422A, 422B), the takeoff distance may include a clearway distance but the
clearway distance included may not be greater than one-half of the
takeoff run.
(c) No person operating a turbine engine powered large transport category
airplane certificated after August 29, 1959 (SR422B), may take off that
airplane at a weight greater than that listed in the Airplane Flight Manual
at which compliance with the following may be shown:
(1) The accelerate-stop distance, as defined in Sec. 25.109 of this
chapter, must not exceed the length of the runway plus the length of any
stopway.
(2) The takeoff distance must not exceed the length of the runway plus the
length of any clearway except that the length of any clearway included must
not be greater than one-half the length of the runway.
(3) The takeoff run must not be greater than the length of the runway.
(d) No person operating a turbine engine powered large transport category
airplane may take off that airplane at a weight greater than that listed in
the Airplane Flight Manual--
(1) For an airplane certificated after August 26, 1957, but before October
1, 1958 (SR422), that allows a takeoff path that clears all obstacles either
by at least (35+0.01 D) feet vertically (D is the distance along the intended
flight path from the end of the runway in feet), or by at least 200 feet
horizontally within the airport boundaries and by at least 300 feet
horizontally after passing the boundaries; or
(2) For an airplane certificated after September 30, 1958 (SR422A, 422B),
that allows a net takeoff flight path that clears all obstacles either by a
height of at least 35 feet vertically, or by at least 200 feet horizontally
within the airport boundaries and by at least 300 feet horizontally after
passing the boundaries.
(e) In determining maximum weights, minimum distances and flight paths
under paragraphs (a) through (d) of this section, correction must be made for
the runway to be used, the elevation of the airport, the effective runway
gradient, and the ambient temperature and wind component at the time of
takeoff.
(f) For the purposes of this section, it is assumed that the airplane is
not banked before reaching a height of 50 feet, as shown by the takeoff path
or net takeoff flight path data (as appropriate) in the Airplane Flight
Manual, and after that the maximum bank is not more than 15 degrees.
(g) For the purposes of this section, the terms, "takeoff distance,"
"takeoff run," "net takeoff flight path," have the same meanings as set forth
in the rules under which the airplane was certificated.
Sec. 135.381 Large transport category airplanes: Turbine engine powered: En
route limitations: One engine inoperative.
(a) No person operating a turbine engine powered large transport category
airplane may take off that airplane at a weight, allowing for normal
consumption of fuel and oil, that is greater than that which (under the
approved, one engine inoperative, en route net flight path data in the
Airplane Flight Manual for that airplane) will allow compliance with
paragraph (a) (1) or (2) of this section, based on the ambient temperatures
expected en route.
(1) There is a positive slope at an altitude of at least 1,000 feet above
all terrain and obstructions within five statute miles on each side of the
intended track, and, in addition, if that airplane was certificated after
August 29, 1958 (SR422B), there is a positive slope at 1,500 feet above the
airport where the airplane is assumed to land after an engine fails.
(2) The net flight path allows the airplane to continue flight from the
cruising altitude to an airport where a landing can be made under Sec.
135.387 clearing all terrain and obstructions within five statute miles of
the intended track by at least 2,000 feet vertically and with a positive
slope at 1,000 feet above the airport where the airplane lands after an
engine fails, or, if that airplane was certificated after September 30, 1958
(SR422A, 422B), with a positive slope at 1,500 feet above the airport where
the airplane lands after an engine fails.
(b) For the purpose of paragraph (a)(2) of this section, it is assumed
that--
(1) The engine fails at the most critical point en route;
(2) The airplane passes over the critical obstruction, after engine failure
at a point that is no closer to the obstruction than the approved radio
navigation fix, unless the Administrator authorizes a different procedure
based on adequate operational safeguards;
(3) An approved method is used to allow for adverse winds;
(4) Fuel jettisoning will be allowed if the certificate holder shows that
the crew is properly instructed, that the training program is adequate, and
that all other precautions are taken to ensure a safe procedure;
(5) The alternate airport is selected and meets the prescribed weather
minimums; and
(6) The consumption of fuel and oil after engine failure is the same as the
consumption that is allowed for in the approved net flight path data in the
Airplane Flight Manual.
Sec. 135.383 Large transport category airplanes: Turbine engine powered: En
route limitations: Two engines inoperative.
(a) Airplanes certificated after August 26, 1957, but before October 1,
1958 (SR422). No person may operate a turbine engine powered large transport
category airplane along an intended route unless that person complies with
either of the following:
(1) There is no place along the intended track that is more than 90 minutes
(with all engines operating at cruising power) from an airport that meets
Sec. 135.387.
(2) Its weight, according to the two-engine-inoperative, en route, net
flight path data in the Airplane Flight Manual, allows the airplane to fly
from the point where the two engines are assumed to fail simultaneously to an
airport that meets Sec. 135.387, with a net flight path (considering the
ambient temperature anticipated along the track) having a positive slope at
an altitude of at least 1,000 feet above all terrain and obstructions within
five statute miles on each side of the intended track, or at an altitude of
5,000 feet, whichever is higher.
For the purposes of paragraph (a)(2) of this section, it is assumed that the
two engines fail at the most critical point en route, that if fuel
jettisoning is provided, the airplane's weight at the point where the engines
fail includes enough fuel to continue to the airport and to arrive at an
altitude of at least 1,000 feet directly over the airport, and that the fuel
and oil consumption after engine failure is the same as the consumption
allowed for in the net flight path data in the Airplane Flight Manual.
(b) Airplanes certificated after September 30, 1958, but before August 30,
1959 (SR422A). No person may operate a turbine engine powered large transport
category airplane along an intended route unless that person complies with
either of the following:
(1) There is no place along the intended track that is more than 90 minutes
(with all engines operating at cruising power) from an airport that meets
Sec. 135.387.
(2) Its weight, according to the two-engine-inoperative, en route, net
flight path data in the Airplane Flight Manual allows the airplane to fly
from the point where the two engines are assumed to fail simultaneously to an
airport that meets Sec. 135.387 with a net flight path (considering the
ambient temperatures anticipated along the track) having a positive slope at
an altitude of at least 1,000 feet above all terrain and obstructions within
five statute miles on each side of the intended track, or at an altitude of
2,000 feet, whichever is higher.
For the purpose of paragraph (b)(2) of this section, it is assumed that the
two engines fail at the most critical point en route, that the airplane's
weight at the point where the engines fail includes enough fuel to continue
to the airport, to arrive at an altitude of at least 1,500 feet directly over
the airport, and after that to fly for 15 minutes at cruise power or thrust,
or both, and that the consumption of fuel and oil after engine failure is the
same as the consumption allowed for in the net flight path data in the
Airplane Flight Manual.
(c) Aircraft certificated after August 29, 1959 (SR422B). No person may
operate a turbine engine powered large transport category airplane along an
intended route unless that person complies with either of the following:
(1) There is no place along the intended track that is more than 90 minutes
(with all engines operating at cruising power) from an airport that meets
Sec. 135.387.
(2) Its weight, according to the two-engine-inoperative, en route, net
flight path data in the Airplane Flight Manual, allows the airplane to fly
from the point where the two engines are assumed to fail simultaneously to an
airport that meets Sec. 135.387, with the net flight path (considering the
ambient temperatures anticipated along the track) clearing vertically by at
least 2,000 feet all terrain and obstructions within five statute miles on
each side of the intended track. For the purposes of this paragraph, it is
assumed that--
(i) The two engines fail at the most critical point en route;
(ii) The net flight path has a positive slope at 1,500 feet above the
airport where the landing is assumed to be made after the engines fail;
(iii) Fuel jettisoning will be approved if the certificate holder shows
that the crew is properly instructed, that the training program is adequate,
and that all other precautions are taken to ensure a safe procedure;
(iv) The airplane's weight at the point where the two engines are assumed
to fail provides enough fuel to continue to the airport, to arrive at an
altitude of at least 1,500 feet directly over the airport, and after that to
fly for 15 minutes at cruise power or thrust, or both; and
(v) The consumption of fuel and oil after the engines fail is the same as
the consumption that is allowed for in the net flight path data in the
Airplane Flight Manual.
Sec. 135.385 Large transport category airplanes: Turbine engine powered:
Landing limitations: Destination airports.
(a) No person operating a turbine engine powered large transport category
airplane may take off that airplane at a weight that (allowing for normal
consumption of fuel and oil in flight to the destination or alternate
airport) the weight of the airplane on arrival would exceed the landing
weight in the Airplane Flight Manual for the elevation of the destination or
alternate airport and the ambient temperature anticipated at the time of
landing.
(b) Except as provided in paragraph (c), (d), or (e) of this section, no
person operating a turbine engine powered large transport category airplane
may take off that airplane unless its weight on arrival, allowing for normal
consumption of fuel and oil in flight (in accordance with the landing
distance in the Airplane Flight Manual for the elevation of the destination
airport and the wind conditions anticipated there at the time of landing),
would allow a full stop landing at the intended destination airport within 60
percent of the effective length of each runway described below from a point
50 feet above the intersection of the obstruction clearance plane and the
runway. For the purpose of determining the allowable landing weight at the
destination airport the following is assumed:
(1) The airplane is landed on the most favorable runway and in the most
favorable direction, in still air.
(2) The airplane is landed on the most suitable runway considering the
probable wind velocity and direction and the ground handling characteristics
of the airplane, and considering other conditions such as landing aids and
terrain.
(c) A turbopropeller powered airplane that would be prohibited from being
taken off because it could not meet paragraph (b)(2) of this section, may be
taken off if an alternate airport is selected that meets all of this section
except that the airplane can accomplish a full stop landing within 70 percent
of the effective length of the runway.
(d) Unless, based on a showing of actual operating landing techniques on
wet runways, a shorter landing distance (but never less than that required by
paragraph (b) of this section) has been approved for a specific type and
model airplane and included in the Airplane Flight Manual, no person may take
off a turbojet airplane when the appropriate weather reports or forecasts, or
any combination of them, indicate that the runways at the destination airport
may be wet or slippery at the estimated time of arrival unless the effective
runway length at the destination airport is at least 115 percent of the
runway length required under paragraph (b) of this section.
(e) A turbojet airplane that would be prohibited from being taken off
because it could not meet paragraph (b)(2) of this section may be taken off
if an alternate airport is selected that meets all of paragraph (b) of this
section.
Sec. 135.387 Large transport category airplanes: Turbine engine powered:
Landing limitations: Alternate airports.
No person may select an airport as an alternate airport for a turbine
engine powered large transport category airplane unless (based on the
assumptions in Sec. 135.385(b)) that airplane, at the weight anticipated at
the time of arrival, can be brought to a full stop landing within 70 percent
of the effective length of the runway for turbopropeller-powered airplanes
and 60 percent of the effective length of the runway for turbojet airplanes,
from a point 50 feet above the intersection of the obstruction clearance
plane and the runway.
Sec. 135.389 Large nontransport category airplanes: Takeoff limitations.
(a) No person operating a large nontransport category airplane may take off
that airplane at a weight greater than the weight that would allow the
airplane to be brought to a safe stop within the effective length of the
runway, from any point during the takeoff before reaching 105 percent of
minimum control speed (the minimum speed at which an airplane can be safely
controlled in flight after an engine becomes inoperative) or 115 percent of
the power off stalling speed in the takeoff configuration, whichever is
greater.
(b) For the purposes of this section--
(1) It may be assumed that takeoff power is used on all engines during the
acceleration;
(2) Not more than 50 percent of the reported headwind component, or not
less than 150 percent of the reported tailwind component, may be taken into
account;
(3) The average runway gradient (the difference between the elevations of
the endpoints of the runway divided by the total length) must be considered
if it is more than one-half of one percent;
(4) It is assumed that the airplane is operating in standard atmosphere;
and
(5) For takeoff, "effective length of the runway" means the distance from
the end of the runway at which the takeoff is started to a point at which the
obstruction clearance plane associated with the other end of the runway
intersects the runway centerline.
Sec. 135.391 Large nontransport category airplanes: En route limitations:
One engine inoperative.
(a) Except as provided in paragraph (b) of this section, no person
operating a large nontransport category airplane may take off that airplane
at a weight that does not allow a rate of climb of at least 50 feet a minute,
with the critical engine inoperative, at an altitude of at least 1,000 feet
above the highest obstruction within five miles on each side of the intended
track, or 5,000 feet, whichever is higher.
(b) Without regard to paragraph (a) of this section, if the Administrator
finds that safe operations are not impaired, a person may operate the
airplane at an altitude that allows the airplane, in case of engine failure,
to clear all obstructions within five miles on each side of the intended
track by 1,000 feet. If this procedure is used, the rate of descent for the
appropriate weight and altitude is assumed to be 50 feet a minute greater
than the rate in the approved performance data. Before approving such a
procedure, the Administrator considers the following for the route, route
segement, or area concerned:
(1) The reliability of wind and weather forecasting.
(2) The location and kinds of navigation aids.
(3) The prevailing weather conditions, particularly the frequency and
amount of turbulence normally encountered.
(4) Terrain features.
(5) Air traffic problems.
(6) Any other operational factors that affect the operations.
(c) For the purposes of this section, it is assumed that--
(1) The critical engine is inoperative;
(2) The propeller of the inoperative engine is in the minimum drag
position;
(3) The wing flaps and landing gear are in the most favorable position;
(4) The operating engines are operating at the maximum continuous power
available;
(5) The airplane is operating in standard atmosphere; and
(6) The weight of the airplane is progressively reduced by the anticipated
consumption of fuel and oil.
Sec. 135.393 Large nontransport category airplanes: Landing limitations:
Destination airports.
(a) No person operating a large nontransport category airplane may take off
that airplane at a weight that--
(1) Allowing for anticipated consumption of fuel and oil, is greater than
the weight that would allow a full stop landing within 60 percent of the
effective length of the most suitable runway at the destination airport; and
(2) Is greater than the weight allowable if the landing is to be made on
the runway--
(i) With the greatest effective length in still air; and
(ii) Required by the probable wind, taking into account not more than 50
percent of the headwind component or not less than 150 percent of the
tailwind component.
(b) For the purpose of this section, it is assumed that--
(1) The airplane passes directly over the intersection of the obstruction
clearance plane and the runway at a height of 50 feet in a steady gliding
approach at a true indicated airspeed of at least 1.3 Vso;
(2) The landing does not require exceptional pilot skill; and
(3) The airplane is operating in standard atmosphere.
Sec. 135.395 Large nontransport category airplanes: Landing limitations:
Alternate airports.
No person may select an airport as an alternate airport for a large
nontransport category airplane unless that airplane (at the weight
anticipated at the time of arrival), based on the assumptions in Sec.
135.393(b), can be brought to a full stop landing within 70 percent of the
effective length of the runway.
Sec. 135.397 Small transport category airplane performance operating
limitations.
(a) No person may operate a reciprocating engine powered small transport
category airplane unless that person complies with the weight limitations in
Sec. 135.365, the takeoff limitations in Sec. 135.367 (except paragraph
(a)(3)), and the landing limitations in Secs. 135.375 and 135.377.
(b) No person may operate a turbine engine powered small transport category
airplane unless that person complies with the takeoff limitations in Sec.
135.379 (except paragraphs (d) and (f)) and the landing limitations in Secs.
135.385 and 135.387.
Sec. 135.398 Commuter category airplanes performance operating limitations.
(a) No person may operate a commuter category airplane unless that person
complies with the takeoff weight limitations in the approved Airplane Flight
Manual.
(b) No person may take off an airplane type certificated in the commuter
category at a weight greater than that listed in the Airplane Flight Manual
that allows a net takeoff flight path that clears all obstacles either by a
height of at least 35 feet vertically, or at least 200 feet horizontally
within the airport boundaries and by at least 300 feet horizontally after
passing the boundaries.
(c) No person may operate a commuter category airplane unless that person
complies with the landing limitations prescribed in Secs. 135.385 and 135.387
of this Part. For purposes of this paragraph, Secs. 135.385 and 135.387 are
applicable to all commuter category airplanes notwithstanding their stated
applicability to turbine-engine-powered large transport category airplanes.
(d) In determining maximum weights, minimum distances and flight paths
under paragraphs (a) through (c) of this section, correction must be made for
the runway to be used, the elevation of the airport, the effective runway
gradient, and ambient temperature, and wind component at the time of takeoff.
(e) For the purposes of this section, the assumption is that the airplane
is not banked before reaching a height of 50 feet as shown by the net takeoff
flight path data in the Airplane Flight Manual and thereafter the maximum
bank is not more than 15 degrees.
Sec. 135.399 Small nontransport category airplane performance operating
limitations.
(a) No person may operate a reciprocating engine or turbopropeller-powered
small airplane that is certificated under Sec. 135.169(b) (2), (3), (4), (5),
or (6) unless that person complies with the takeoff weight limitations in the
approved Airplane Flight Manual or equivalent for operations under this part,
and, if the airplane is certificated under Sec. 135.169(b) (4) or (5) with
the landing weight limitations in the Approved Airplane Flight Manual or
equivalent for operations under this part.
(b) No person may operate an airplane that is certificated under Sec.
135.169(b)(6) unless that person complies with the landing limitations
prescribed in Secs. 135.385 and 135.387 of this part. For purposes of this
paragraph, Secs. 135.385 and 135.387 are applicable to reciprocating and
turbopropeller-powered small airplanes notwithstanding their stated
applicability to turbine engine powered large transport category airplanes.
[44 FR 53731, Sept. 17, 1979]
Subpart J--Maintenance, Preventive Maintenance, and Alterations
Sec. 135.411 Applicability.
(a) This subpart prescribes rules in addition to those in other parts of
this chapter for the maintenance, preventive maintenance, and alterations for
each certificate holder as follows:
(1) Aircraft that are type certificated for a passenger seating
configuration, excluding any pilot seat, of nine seats or less, shall be
maintained under Parts 91 and 43 of this chapter and Secs. 135.415, 135.417,
and 135.421. An approved aircraft inspection program may be used under Sec.
135.419.
(2) Aircraft that are type certificated for a passenger seating
configuration, excluding any pilot seat, of ten seats or more, shall be
maintained under a maintenance program in Secs. 135.415, 135.417, and 135.423
through 135.443.
(b) A certificate holder who is not otherwise required, may elect to
maintain its aircraft under paragraph (a)(2) of this section.
Sec. 135.413 Responsibility for airworthiness.
(a) Each certificate holder is primarily responsible for the airworthiness
of its aircraft, including airframes, aircraft engines, propellers, rotors,
appliances, and parts, and shall have its aircraft maintained under this
chapter, and shall have defects repaired between required maintenance under
Part 43 of this chapter.
(b) Each certificate holder who maintains its aircraft under Sec.
135.411(a)(2) shall--
(1) Perform the maintenance, preventive maintenance, and alteration of its
aircraft, including airframe, aircraft engines, propellers, rotors,
appliances, emergency equipment and parts, under its manual and this chapter;
or
(2) Make arrangements with another person for the performance of
maintenance, preventive maintenance, or alteration. However, the certificate
holder shall ensure that any maintenance, preventive maintenance, or
alteration that is performed by another person is performed under the
certificate holder's manual and this chapter.
Sec. 135.415 Mechanical reliability reports.
(a) Each certificate holder shall report the occurrence or detection of
each failure, malfunction, or defect in an aircraft concerning--
(1) Fires during flight and whether the related fire-warning system
functioned properly;
(2) Fires during flight not protected by related fire-warning system;
(3) False fire-warning during flight;
(4) An exhaust system that causes damage during flight to the engine,
adjacent structure, equipment, or components;
(5) An aircraft component that causes accumulation or circulation of smoke,
vapor, or toxic or noxious fumes in the crew compartment or passenger cabin
during flight;
(6) Engine shutdown during flight because of flameout;
(7) Engine shutdown during flight when external damage to the engine or
aircraft structure occurs;
(8) Engine shutdown during flight due to foreign object ingestion or icing;
(9) Shutdown of more than one engine during flight;
(10) A propeller feathering system or ability of the system to control
overspeed during flight;
(11) A fuel or fuel-dumping system that affects fuel flow or causes
hazardous leakage during flight;
(12) An unwanted landing gear extension or retraction or opening or closing
of landing gear doors during flight;
(13) Brake system components that result in loss of brake actuating force
when the aircraft is in motion on the ground;
(14) Aircraft structure that requires major repair;
(15) Cracks, permanent deformation, or corrosion of aircraft structures, if
more than the maximum acceptable to the manufacturer or the FAA; and
(16) Aircraft components or systems that result in taking emergency actions
during flight (except action to shut-down an engine).
(b) For the purpose of this section, "during flight" means the period from
the moment the aircraft leaves the surface of the earth on takeoff until it
touches down on landing.
(c) In addition to the reports required by paragraph (a) of this section,
each certificate holder shall report any other failure, malfunction, or
defect in an aircraft that occurs or is detected at any time if, in its
opinion, the failure, malfunction, or defect has endangered or may endanger
the safe operation of the aircraft.
(d) Each certificate holder shall send each report required by this
section, in writing, covering each 24-hour period beginning at 0900 hours
local time of each day and ending at 0900 hours local time on the next day to
the FAA Flight Standards District Office charged with the overall inspection
of the certificate holder. Each report of occurrences during a 24-hour period
must be mailed or delivered to that office within the next 72 hours. However,
a report that is due on Saturday or Sunday may be mailed or delivered on the
following Monday and one that is due on a holiday may be mailed or delivered
on the next work day. For aircraft operated in areas where mail is not
collected, reports may be mailed or delivered within 72 hours after the
aircraft returns to a point where the mail is collected.
(e) The certificate holder shall transmit the reports required by this
section on a form and in a manner prescribed by the Administrator, and shall
include as much of the following as is available:
(1) The type and identification number of the aircraft.
(2) The name of the operator.
(3) The date.
(4) The nature of the failure, malfunction, or defect.
(5) Identification of the part and system involved, including available
information pertaining to type designation of the major component and time
since last overhaul, if known.
(6) Apparent cause of the failure, malfunction or defect (e.g., wear,
crack, design deficiency, or personnel error).
(7) Other pertinent information necessary for more complete identification,
determination of seriousness, or corrective action.
(f) A certificate holder that is also the holder of a type certificate
(including a supplemental type certificate), a Parts Manufacturer Approval,
or a Technical Standard Order Authorization, or that is the licensee of a
type certificate need not report a failure, malfunction, or defect under this
section if the failure, malfunction, or defect has been reported by it under
Sec. 21.3 or Sec. 37.17 of this chapter or under the accident reporting
provisions of Part 830 of the regulations of the National Transportation
Safety Board.
(g) No person may withhold a report required by this section even though
all information required by this section is not available.
(h) When the certificate holder gets additional information, including
information from the manufacturer or other agency, concerning a report
required by this section, it shall expeditiously submit it as a supplement to
the first report and reference the date and place of submission of the first
report.
Sec. 135.417 Mechanical interruption summary report.
Each certificate holder shall mail or deliver, before the end of the 10th
day of the following month, a summary report of the following occurrences in
multiengine aircraft for the preceding month to the FAA Flight Standards
District Office charged with the overall inspection of the certificate
holder:
(a) Each interruption to a flight, unscheduled change of aircraft en route,
or unscheduled stop or diversion from a route, caused by known or suspected
mechanical difficulties or malfunctions that are not required to be reported
under Sec. 135.415.
(b) The number of propeller featherings in flight, listed by type of
propeller and engine and aircraft on which it was installed. Propeller
featherings for training, demonstration, or flight check purposes need not be
reported.
Sec. 135.419 Approved aircraft inspection program.
(a) Whenever the Administrator finds that the aircraft inspections required
or allowed under Part 91 of this chapter are not adequate to meet this part,
or upon application by a certificate holder, the Administrator may amend the
certificate holder's operations specifications under Sec. 135.17, to require
or allow an approved aircraft inspection program for any make and model
aircraft of which the certificate holder has the exclusive use of at least
one aircraft (as defined in Sec. 135.25(b)).
(b) A certificate holder who applies for an amendment of its operations
specifications to allow an approved aircraft inspection program must submit
that program with its application for approval by the Administrator.
(c) Each certificate holder who is required by its operations
specifications to have an approved aircraft inspection program shall submit a
program for approval by the Administrator within 30 days of the amendment of
its operations specifications or within any other period that the
Administrator may prescribe in the operations specifications.
(d) The aircraft inspection program submitted for approval by the
Administrator must contain the following:
(1) Instructions and procedures for the conduct of aircraft inspections
(which must include necessary tests and checks), setting forth in detail the
parts and areas of the airframe, engines, propellers, rotors, and appliances,
including emergency equipment, that must be inspected.
(2) A schedule for the performance of the aircraft inspections under
paragraph (d)(1) of this section expressed in terms of the time in service,
calendar time, number of system operations, or any combination of these.
(3) Instructions and procedures for recording discrepancies found during
inspections and correction or deferral of discrepancies including form and
disposition of records.
(e) After approval, the certificate holder shall include the approved
aircraft inspection program in the manual required by Sec. 135.21.
(f) Whenever the Administrator finds that revisions to an approved aircraft
inspection program are necessary for the continued adequacy of the program,
the certificate holder shall, after notification by the Administrator, make
any changes in the program found by the Administrator to be necessary. The
certificate holder may petition the Administrator to reconsider the notice to
make any changes in a program. The petition must be filed with the
representatives of the Administrator assigned to it within 30 days after the
certificate holder receives the notice. Except in the case of an emergency
requiring immediate action in the interest of safety, the filing of the
petition stays the notice pending a decision by the Administrator.
(g) Each certificate holder who has an approved aircraft inspection program
shall have each aircraft that is subject to the program inspected in
accordance with the program.
(h) The registration number of each aircraft that is subject to an approved
aircraft inspection program must be included in the operations specifications
of the certificate holder.
Sec. 135.421 Additional maintenance requirements.
(a) Each certificate holder who operates an aircraft type certificated for
a passenger seating configuration, excluding any pilot seat, of nine seats or
less, must comply with the manufacturer's recommended maintenance programs,
or a program approved by the Administrator, for each aircraft engine,
propeller, rotor, and each item of emergency equipment required by this
chapter.
(b) For the purpose of this section, a manufacturer's maintenance program
is one which is contained in the maintenance manual or maintenance
instructions set forth by the manufacturer as required by this chapter for
the aircraft, aircraft engine, propeller, rotor or item of emergency
equipment.
Sec. 135.423 Maintenance, preventive maintenance, and alteration
organization.
(a) Each certificate holder that performs any of its maintenance (other
than required inspections), preventive maintenance, or alterations, and each
person with whom it arranges for the performance of that work, must have an
organization adequate to perform the work.
(b) Each certificate holder that performs any inspections required by its
manual under Sec. 135.427(b) (2) or (3), (in this subpart referred to as
"required inspections"), and each person with whom it arranges for the
performance of that work, must have an organization adequate to perform that
work.
(c) Each person performing required inspections in addition to other
maintenance, preventive maintenance, or alterations, shall organize the
performance of those functions so as to separate the required inspection
functions from the other maintenance, preventive maintenance, and alteration
functions. The separation shall be below the level of administrative control
at which overall responsibility for the required inspection functions and
other maintenance, preventive maintenance, and alteration functions is
exercised.
Sec. 135.425 Maintenance, preventive maintenance, and alteration programs.
Each certificate holder shall have an inspection program and a program
covering other maintenance, preventive maintenance, and alterations, that
ensures that--
(a) Maintenance, preventive maintenance, and alterations performed by it,
or by other persons, are performed under the certificate holder's manual;
(b) Competent personnel and adequate facilities and equipment are provided
for the proper performance of maintenance, preventive maintenance, and
alterations; and
(c) Each aircraft released to service is airworthy and has been properly
maintained for operation under this part.
Sec. 135.427 Manual requirements.
(a) Each certificate holder shall put in its manual the chart or
description of the certificate holder's organization required by Sec. 135.423
and a list of persons with whom it has arranged for the performance of any of
its required inspections, other maintenance, preventive maintenance, or
alterations, including a general description of that work.
(b) Each certificate holder shall put in its manual the programs required
by Sec. 135.425 that must be followed in performing maintenance, preventive
maintenance, and alterations of that certificate holder's aircraft, including
airframes, aircraft engines, propellers, rotors, appliances, emergency
equipment, and parts, and must include at least the following:
(1) The method of performing routine and nonroutine maintenance (other than
required inspections), preventive maintenance, and alterations.
(2) A designation of the items of maintenance and alteration that must be
inspected (required inspections) including at least those that could result
in a failure, malfunction, or defect endangering the safe operation of the
aircraft, if not performed properly or if improper parts or materials are
used.
(3) The method of performing required inspections and a designation by
occupational title of personnel authorized to perform each required
inspection.
(4) Procedures for the reinspection of work performed under previous
required inspection findings ("buy-back procedures").
(5) Procedures, standards, and limits necessary for required inspections
and acceptance or rejection of the items required to be inspected and for
periodic inspection and calibration of precision tools, measuring devices,
and test equipment.
(6) Procedures to ensure that all required inspections are performed.
(7) Instructions to prevent any person who performs any item of work from
performing any required inspection of that work.
(8) Instructions and procedures to prevent any decision of an inspector
regarding any required inspection from being countermanded by persons other
than supervisory personnel of the inspection unit, or a person at the level
of administrative control that has overall responsibility for the management
of both the required inspection functions and the other maintenance,
preventive maintenance, and alterations functions.
(9) Procedures to ensure that required inspections, other maintenance,
preventive maintenance, and alterations that are not completed as a result of
work interruptions are properly completed before the aircraft is released to
service.
(c) Each certificate holder shall put in its manual a suitable system
(which may include a coded system) that provides for the retention of the
following information--
(1) A description (or reference to data acceptable to the Administrator) of
the work performed;
(2) The name of the person performing the work if the work is performed by
a person outside the organization of the certificate holder; and
(3) The name or other positive identification of the individual approving
the work.
Sec. 135.429 Required inspection personnel.
(a) No person may use any person to perform required inspections unless the
person performing the inspection is appropriately certificated, properly
trained, qualified, and authorized to do so.
(b) No person may allow any person to perform a required inspection unless,
at the time, the person performing that inspection is under the supervision
and control of an inspection unit.
(c) No person may perform a required inspection if that person performed
the item of work required to be inspected.
(d) In the case of rotorcraft that operate in remote areas or sites, the
Administrator may approve procedures for the performance of required
inspection items by a pilot when no other qualified person is available,
provided--
(1) The pilot is employed by the certificate holder;
(2) It can be shown to the satisfaction of the Administrator that each
pilot authorized to perform required inspections is properly trained and
qualified;
(3) The required inspection is a result of a mechanical interruption and is
not a part of a certificate holder's continuous airworthiness maintenance
program;
(4) Each item is inspected after each flight until the item has been
inspected by an appropriately certificated mechanic other than the one who
originally performed the item of work; and
(5) Each item of work that is a required inspection item that is part of
the flight control system shall be flight tested and reinspected before the
aircraft is approved for return to service.
(e) Each certificate holder shall maintain, or shall determine that each
person with whom it arranges to perform its required inspections maintains, a
current listing of persons who have been trained, qualified, and authorized
to conduct required inspections. The persons must be identified by name,
occupational title and the inspections that they are authorized to perform.
The certificate holder (or person with whom it arranges to perform its
required inspections) shall give written information to each person so
authorized, describing the extent of that person's responsibilities,
authorities, and inspectional limitations. The list shall be made available
for inspection by the Administrator upon request.
Sec. 135.431 Continuing analysis and surveillance.
(a) Each certificate holder shall establish and maintain a system for the
continuing analysis and surveillance of the performance and effectiveness of
its inspection program and the program covering other maintenance, preventive
maintenance, and alterations and for the correction of any deficiency in
those programs, regardless of whether those programs are carried out by the
certificate holder or by another person.
(b) Whenever the Administrator finds that either or both of the programs
described in paragraph (a) of this section does not contain adequate
procedures and standards to meet this part, the certificate holder shall,
after notification by the Administrator, make changes in those programs
requested by the Administrator.
(c) A certificate holder may petition the Administrator to reconsider the
notice to make a change in a program. The petition must be filed with the FAA
Flight Standards District Office charged with the overall inspection of the
certificate holder within 30 days after the certificate holder receives the
notice. Except in the case of an emergency requiring immediate action in the
interest of safety, the filing of the petition stays the notice pending a
decision by the Administrator.
Sec. 135.433 Maintenance and preventive maintenance training program.
Each certificate holder or a person performing maintenance or preventive
maintenance functions for it shall have a training program to ensure that
each person (including inspection personnel) who determines the adequacy of
work done is fully informed about procedures and techniques and new equipment
in use and is competent to perform that person's duties.
Sec. 135.435 Certificate requirements.
(a) Except for maintenance, preventive maintenance, alterations, and
required inspections performed by repair stations certificated under the
provisions of Subpart C of Part 145 of this chapter, each person who is
directly in charge of maintenance, preventive maintenance, or alterations,
and each person performing required inspections must hold an appropriate
airman certificate.
(b) For the purpose of this section, a person "directly in charge" is each
person assigned to a position in which that person is responsible for the
work of a shop or station that performs maintenance, preventive maintenance,
alterations, or other functions affecting airworthiness. A person who is
"directly in charge" need not physically observe and direct each worker
constantly but must be available for consultation and decision on matters
requiring instruction or decision from higher authority than that of the
person performing the work.
Sec. 135.437 Authority to perform and approve maintenance, preventive
maintenance, and alterations.
(a) A certificate holder may perform or make arrangements with other
persons to perform maintenance, preventive maintenance, and alterations as
provided in its maintenance manual. In addition, a certificate holder may
perform these functions for another certificate holder as provided in the
maintenance manual of the other certificate holder.
(b) A certificate holder may approve any airframe, aircraft engine,
propeller, rotor, or appliance for return to service after maintenance,
preventive maintenance, or alterations that are performed under paragraph (a)
of this section. However, in the case of a major repair or alteration, the
work must have been done in accordance with technical data approved by the
Administrator.
Sec. 135.439 Maintenance recording requirements.
(a) Each certificate holder shall keep (using the system specified in the
manual required in Sec. 135.427) the following records for the periods
specified in paragraph (b) of this section:
(1) All the records necessary to show that all requirements for the
issuance of an airworthiness release under Sec. 135.443 have been met.
(2) Records containing the following information:
(i) The total time in service of the airframe, engine, propeller, and
rotor.
(ii) The current status of life-limited parts of each airframe, engine,
propeller, rotor, and appliance.
(iii) The time since last overhaul of each item installed on the aircraft
which are required to be overhauled on a specified time basis.
(iv) The identification of the current inspection status of the aircraft,
including the time since the last inspections required by the inspection
program under which the aircraft and its appliances are maintained.
(v) The current status of applicable airworthiness directives, including
the date and methods of compliance, and, if the airworthiness directive
involves recurring action, the time and date when the next action is
required.
(vi) A list of current major alterations and repairs to each airframe,
engine, propeller, rotor, and appliance.
(b) Each certificate holder shall retain the records required to be kept by
this section for the following periods:
(1) Except for the records of the last complete overhaul of each airframe,
engine, propeller, rotor, and appliance the records specified in paragraph
(a)(1) of this section shall be retained until the work is repeated or
superseded by other work or for one year after the work is performed.
(2) The records of the last complete overhaul of each airframe, engine,
propeller, rotor, and appliance shall be retained until the work is
superseded by work of equivalent scope and detail.
(3) The records specified in paragraph (a)(2) of this section shall be
retained and transferred with the aircraft at the time the aircraft is sold.
(c) The certificate holder shall make all maintenance records required to
be kept by this section available for inspection by the Administrator or any
representative of the National Transportation Safety Board.
Each certificate holder who sells a United States registered aircraft shall
transfer to the purchaser, at the time of the sale, the following records of
that aircraft, in plain language form or in coded form which provides for the
preservation and retrieval of information in a manner acceptable to the
Administrator:
(a) The records specified in Sec. 135.439(a)(2).
(b) The records specified in Sec. 135.439(a)(1) which are not included in
the records covered by paragraph (a) of this section, except that the
purchaser may allow the seller to keep physical custody of such records.
However, custody of records by the seller does not relieve the purchaser of
its responsibility under Sec. 135.439(c) to make the records available for
inspection by the Administrator or any representative of the National
Transportation Safety Board.
Sec. 135.443 Airworthiness release or aircraft maintenance log entry.
(a) No certificate holder may operate an aircraft after maintenance,
preventive maintenance, or alterations are performed on the aircraft unless
the certificate holder prepares, or causes the person with whom the
certificate holder arranges for the performance of the maintenance,
preventive maintenance, or alterations, to prepare--
(1) An airworthiness release; or
(2) An appropriate entry in the aircraft maintenance log.
(b) The airworthiness release or log entry required by paragraph (a) of
this section must--
(1) Be prepared in accordance with the procedure 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 aircraft unairworthy;
(iv) So far as the work performed is concerned, the aircraft is in
condition for safe operation; and
(3) Be signed by an authorized certificated mechanic or repairman, except
that a certificated repairman may sign the release or entry only for the work
for which that person is employed and for which that person is certificated.
Notwithstanding paragraph (b)(3) of this section, after maintenance,
preventive maintenance, or alterations performed by a repair station
certificated under the provisions of Subpart C of Part 145, the airworthiness
release or log entry required by paragraph (a) of this section may be signed
by a person authorized by that repair station.
(c) 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 an authorized certificated mechanic or
repairman constitutes that certification.
[Doc. No. 16097, 43 FR 46783, Oct. 10, 1978, as amended by Amdt. 135-29, 53
FR 47375, Nov. 22, 1988]
Appendix A to Part 135--Additional Airworthiness Standards for 10 or More
Passenger Airplanes
Applicability
1. Applicability. This appendix prescribes the additional airworthiness
standards required by Sec. 135.169.
2. References. Unless otherwise provided, references in this appendix to
specific sections of Part 23 of the Federal Aviation Regulations (FAR Part
23) are to those sections of Part 23 in effect on March 30, 1967.
Flight Requirements
3. General. Compliance must be shown with the applicable requirements of
Subpart B of FAR Part 23, as supplemented or modified in Secs. 4 through 10.
Performance
4. General. (a) Unless otherwise prescribed in this appendix, compliance
with each applicable performance requirement in sections 4 through 7 must be
shown for ambient atmospheric conditions and still air.
(b) The performance must correspond to the propulsive thrust available
under the particular ambient atmospheric conditions and the particular flight
condition. The available propulsive thrust must correspond to engine power or
thrust, not exceeding the approved power or thrust less--
(1) Installation losses; and
(2) The power or equivalent thrust absorbed by the accessories and services
appropriate to the particular ambient atmospheric conditions and the
particular flight condition.
(c) Unless otherwise prescribed in this appendix, the applicant must select
the take-off, en route, and landing configurations for the airplane.
(d) The airplane configuration may vary with weight, altitude, and
temperature, to the extent they are compatible with the operating procedures
required by paragraph (e) of this section.
(e) Unless otherwise prescribed in this appendix, in determining the
critical engine inoperative takeoff performance, the accelerate-stop
distance, takeoff distance, changes in the airplane's configuration, speed,
power, and thrust must be made under procedures established by the applicant
for operation in service.
(f) Procedures for the execution of balked landings must be established by
the applicant and included in the Airplane Flight Manual.
(g) The procedures established under paragraphs (e) and (f) of this section
must--
(1) Be able to be consistently executed in service by a crew of average
skill;
(2) Use methods or devices that are safe and reliable; and
(3) Include allowance for any time delays, in the execution of the
procedures, that may reasonably be expected in service.
5. Takeoff--(a) General. Takeoff speeds, the accelerate-stop distance, the
takeoff distance, and the one-engine-inoperative takeoff flight path data
(described in paragraphs (b), (c), (d), and (f) of this section), must be
determined for--
(1) Each weight, altitude, and ambient temperature within the operational
limits selected by the applicant;
(2) The selected configuration for takeoff;
(3) The center of gravity in the most unfavorable position;
(4) The operating engine within approved operating limitations; and
(5) Takeoff data based on smooth, dry, hard-surface runway.
(b) Takeoff speeds. (1) The decision speed V1 is the calibrated airspeed on
the ground at which, as a result of engine failure or other reasons, the
pilot is assumed to have made a decision to continue or discontinue the
takeoff. The speed V1 must be selected by the applicant but may not be less
than--
(i) 1.10VS1;
(ii) 1.10VMC;
(iii) A speed that allows acceleration to V1 and stop under paragraph (c)
of this section; or
(iv) A speed at which the airplane can be rotated for takeoff and shown to
be adequate to safely continue the takeoff, using normal piloting skill, when
the critical engine is suddenly made inoperative.
(2) The initial climb out speed V2, in terms of calibrated airspeed, must
be selected by the applicant so as to allow the gradient of climb required in
section 6(b)(2), but it must not be less than V1 or less than 1.2VS1.
(3) Other essential take off speeds necessary for safe operation of the
airplane.
(c) Accelerate-stop distance. (1) The accelerate-stop distance is the sum
of the distances necessary to--
(i) Accelerate the airplane from a standing start to V1; and
(ii) Come to a full stop from the point at which V1 is reached assuming
that in the case of engine failure, failure of the critical engine is
recognized by the pilot at the speed V1.
(2) Means other than wheel brakes may be used to determine the accelerate-
stop distance if that means is available with the critical engine inoperative
and--
(i) Is safe and reliable;
(ii) Is used so that consistent results can be expected under normal
operating conditions; and
(iii) Is such that exceptional skill is not required to control the
airplane.
(d) All engines operating takeoff distance. The all engine operating
takeoff distance is the horizontal distance required to takeoff and climb to
a height of 50 feet above the takeoff surface under the procedures in FAR
23.51(a).
(e) One-engine-inoperative takeoff. Determine the weight for each altitude
and temperature within the operational limits established for the airplane,
at which the airplane has the capability, after failure of the critical
engine at V1 determined under paragraph (b) of this section, to take off and
climb at not less than V2, to a height 1,000 feet above the takeoff surface
and attain the speed and configuration at which compliance is shown with the
en route one-engine-inoperative gradient of climb specified in section 6(c).
(f) One-engine-inoperative takeoff flight path data. The one-engine-
inoperative takeoff flight path data consist of takeoff flight paths
extending from a standing start to a point in the takeoff at which the
airplane reaches a height 1,000 feet above the takeoff surface under
paragraph (e) of this section.
6. Climb--(a) Landing climb: All-engines-operating. The maximum weight must
be determined with the airplane in the landing configuration, for each
altitude, and ambient temperature within the operational limits established
for the airplane, with the most unfavorable center of gravity, and out-of-
ground effect in free air, at which the steady gradient of climb will not be
less than 3.3 percent, with:
(1) The engines at the power that is available 8 seconds after initiation
of movement of the power or thrust controls from the minimum flight idle to
the takeoff position.
(2) A climb speed not greater than the approach speed established under
section 7 and not less than the greater of 1.05VMC or 1.10VS1.
(b) Takeoff climb: one-engine-inoperative. The maximum weight at which the
airplane meets the minimum climb performance specified in paragraphs (1) and
(2) of this paragraph must be determined for each altitude and ambient
temperature within the operational limits established for the airplane, out
of ground effect in free air, with the airplane in the takeoff configuration,
with the most unfavorable center of gravity, the critical engine inoperative,
the remaining engines at the maximum takeoff power or thrust, and the
propeller of the inoperative engine windmilling with the propeller controls
in the normal position except that, if an approved automatic feathering
system is installed, the propellers may be in the feathered position:
(1) Takeoff: landing gear extended. The minimum steady gradient of climb
must be measurably positive at the speed V1.
(2) Takeoff: landing gear retracted. The minimum steady gradient of climb
may not be less than 2 percent at speed V2. For airplanes with fixed landing
gear this requirement must be met with the landing gear extended.
(c) En route climb: one-engine-inoperative. The maximum weight must be
determined for each altitude and ambient temperature within the operational
limits established for the airplane, at which the steady gradient of climb is
not less 1.2 percent at an altitude 1,000 feet above the takeoff surface,
with the airplane in the en route configuration, the critical engine
inoperative, the remaining engine at the maximum continuous power or thrust,
and the most unfavorable center of gravity.
7. Landing. (a) The landing field length described in paragraph (b) of this
section must be determined for standard atmosphere at each weight and
altitude within the operational limits established by the applicant.
(b) The landing field length is equal to the landing distance determined
under FAR 23.75(a) divided by a factor of 0.6 for the destination airport and
0.7 for the alternate airport. Instead of the gliding approach specified in
FAR 23.75(a)(1), the landing may be preceded by a steady approach down to the
50-foot height at a gradient of descent not greater than 5.2 percent (3 deg.)
at a calibrated airspeed not less than 1.3VS1.
Trim
8--Trim (a) Lateral and directional trim. The airplane must maintain
lateral and directional trim in level flight at a speed of VH or VMO/MMO,
whichever is lower, with landing gear and wing flaps retracted.
(b) Longitudinal trim. The airplane must maintain longitudinal trim during
the following conditions, except that it need not maintain trim at a speed
greater than VMO/MMO:
(1) In the approach conditons specified in FAR 23.161(c) (3) through (5),
except that instead of the speeds specified in those paragraphs, trim must be
maintained with a stick force of not more than 10 pounds down to a speed used
in showing compliance with section 7 or 1.4VS1 whichever is lower.
(2) In level flight at any speed from VH or VMO/MMO, whichever is lower, to
either Vx or 1.4VS1, with the landing gear and wing flaps retracted.
Stability
9. Static longitudinal stability. (a) In showing compliance with FAR
23.175(b) and with paragraph (b) of this section, the airspeed must return to
within +/-7 1/2 percent of the trim speed.
(b) Cruise stability. The stick force curve must have a stable slope for a
speed range of +/-50 knots from the trim speed except that the speeds need
not exceed VFC/MFC or be less than 1.4VS1. This speed range will be
considered to begin at the outer extremes of the friction band and the stick
force may not exceed 50 pounds with--
(1) Landing gear retracted;
(2) Wing flaps retracted;
(3) The maximum cruising power as selected by the applicant as an operating
limitation for turbine engines or 75 percent of maximum continuous power for
reciprocating engines except that the power need not exceed that required at
VMO/MMO;
(4) Maximum takeoff weight; and
(5) The airplane trimmed for level flight with the power specified in
paragraph (3) of this paragraph.
VFC/MFC may not be less than a speed midway between VMO/MMO and VDF/MDF,
except that, for altitudes where Mach number is the limiting factor, MFC need
not exceed the Mach number at which effective speed warning occurs.
(c) Climb stability (turbopropeller powered airplanes only). In showing
compliance with FAR 23.175(a), an applicant must, instead of the power
specified in FAR 23.175(a)(4), use the maximum power or thrust selected by
the applicant as an operating limitation for use during climb at the best
rate of climb speed, except that the speed need not be less than 1.4VS1.
Stalls
10. Stall warning. If artificial stall warning is required to comply with
FAR 23.207, the warning device must give clearly distinguishable indications
under expected conditions of flight. The use of a visual warning device that
requires the attention of the crew within the cockpit is not acceptable by
itself.
Control Systems
11. Electric trim tabs. The airplane must meet FAR 23.677 and in addition
it must be shown that the airplane is safely controllable and that a pilot
can perform all the maneuvers and operations necessary to effect a safe
landing following any probable electric trim tab runaway which might be
reasonably expected in service allowing for appropriate time delay after
pilot recognition of the runaway. This demonstration must be conducted at the
critical airplane weights and center of gravity positions.
Instruments: Installation
12. Arrangement and visibility. Each instrument must meet FAR 23.1321 and
in addition:
(a) Each flight, navigation, and powerplant instrument for use by any pilot
must be plainly visible to the pilot from the pilot's station with the
minimum practicable deviation from the pilot's normal position and line of
vision when the pilot is looking forward along the flight path.
(b) The flight instruments required by FAR 23.1303 and by the applicable
operating rules must be grouped on the instrument panel and centered as
nearly as practicable about the vertical plane of each pilot's forward
vision. In addition--
(1) The instrument that most effectively indicates the attitude must be in
the panel in the top center position;
(2) The instrument that most effectively indicates the airspeed must be on
the panel directly to the left of the instrument in the top center position;
(3) The instrument that most effectively indicates altitude must be
adjacent to and directly to the right of the instrument in the top center
position; and
(4) The instrument that most effectively indicates direction of flight must
be adjacent to and directly below the instrument in the top center position.
13. Airspeed indicating system. Each airspeed indicating system must meet
FAR 23.1323 and in addition:
(a) Airspeed indicating instruments must be of an approved type and must be
calibrated to indicate true airspeed at sea level in the standard atmosphere
with a minimum practicable instrument calibration error when the
corresponding pitot and static pressures are supplied to the instruments.
(b) The airspeed indicating system must be calibrated to determine the
system error, i.e., the relation between IAS and CAS, in flight and during
the accelerate-takeoff ground run. The ground run calibration must be
obtained between 0.8 of the minimum value of V1 and 1.2 times the maximum
value of V1, considering the approved ranges of altitude and weight. The
ground run calibration is determined assuming an engine failure at the
minimum value of V1.
(c) The airspeed error of the installation excluding the instrument
calibration error, must not exceed 3 percent or 5 knots whichever is greater,
throughout the speed range from VMO to 1.3VS1 with flaps retracted and from
1.3VSO to VFE with flaps in the landing position.
(d) Information showing the relationship between IAS and CAS must be shown
in the Airplane Flight manual.
14. Static air vent system. The static air vent system must meet FAR
23.1325. The altimeter system calibration must be determined and shown in the
Airplane Flight Manual.
Operating Limitations and Information
15. Maximum operating limit speed VMO/MMO. Instead of establishing
operating limitations based on VNE and VNO, the applicant must establish a
maximum operating limit speed VMO/ MMO as follows:
(a) The maximum operating limit speed must not exceed the design cruising
speed VC and must be sufficiently below VD/MD or VDF/MDF to make it highly
improbable that the latter speeds will be inadvertently exceeded in flight.
(b) The speed VMO must not exceed 0.8VD/MD or 0.8VDF/MDF unless flight
demonstrations involving upsets as specified by the Administrator indicates a
lower speed margin will not result in speeds exceeding VD/MD or VDF.
Atmospheric variations, horizontal gusts, system and equipment errors, and
airframe production variations are taken into account.
16. Minimum flight crew. In addition to meeting FAR 23.1523, the applicant
must establish the minimum number and type of qualified flight crew personnel
sufficient for safe operation of the airplane considering--
(a) Each kind of operation for which the applicant desires approval;
(b) The workload on each crewmember considering the following:
(1) Flight path control.
(2) Collision avoidance.
(3) Navigation.
(4) Communications.
(5) Operation and monitoring of all essential aircraft systems.
(6) Command decisions; and
(c) The accessibility and ease of operation of necessary controls by the
appropriate crewmember during all normal and emergency operations when at the
crewmember flight station.
17. Airspeed indicator. The airspeed indicator must meet FAR 23.1545 except
that, the airspeed notations and markings in terms of VNO and VNH must be
replaced by the VMO/MMO notations. The airspeed indicator markings must be
easily read and understood by the pilot. A placard adjacent to the airspeed
indicator is an acceptable means of showing compliance with FAR 23.1545(c).
Airplane Flight Manual
18. General. The Airplane Flight Manual must be prepared under FARs 23.1583
and 23.1587, and in addition the operating limitations and performance
information in sections 19 and 20 must be included.
19. Operating limitations. The Airplane Flight Manual must include the
following limitations--
(a) Airspeed limitations. (1) The maximum operating limit speed VMO/MMO and
a statement that this speed limit may not be deliberately exceeded in any
regime of flight (climb, cruise, or descent) unless a higher speed is
authorized for flight test or pilot training;
(2) If an airspeed limitation is based upon compressibility effects, a
statement to this effect and informaton as to any symptoms, the probable
behavior of the airplane, and the recommended recovery procedures; and
(3) The airspeed limits, shown in terms of VMO/MMO instead of VNO and VNE.
(b) Takeoff weight limitations. The maximum takeoff weight for each airport
elevation, ambient temperature, and available takeoff runway length
within the range selected by the applicant may not exceed the weight at
which--
(1) The all-engine-operating takeoff distance determined under section 5(b)
or the accelerate-stop distance determined under section 5(c), whichever is
greater, is equal to the available runway length;
(2) The airplane complies with the one-engine-inoperative takeoff
requirements specified in section 5(e); and
(3) The airplane complies with the one-engine-inoperative takeoff and en
route climb requirements specified in sections 6 (b) and (c).
(c) Landing weight limitations. The maximum landing weight for each airport
elevation (standard temperature) and available landing runway length, within
the range selected by the applicant. This weight may not exceed the weight at
which the landing field length determined under section 7(b) is equal to the
available runway length. In showing compliance with this operating
limitation, it is acceptable to assume that the landing weight at the
destination will be equal to the takeoff weight reduced by the normal
consumption of fuel and oil en route.
20. Performance information. The Airplane Flight Manual must contain the
performance information determined under the performance requirements of this
appendix. The information must include the following:
(a) Sufficient information so that the takeoff weight limits specified
in section 19(b) can be determined for all temperatures and altitudes within
the operation limitations selected by the applicant.
(b) The conditions under which the performance information was obtained,
including the airspeed at the 50-foot height used to determine landing
distances.
(c) The performance information (determined by extrapolation and computed
for the range of weights between the maximum landing and takeoff weights)
for--
(1) Climb in the landing configuration; and
(2) Landing distance.
(d) Procedure established under section 4 related to the limitations and
information required by this section in the form of guidance material
including any relevant limitations or information.
(e) An explanation of significant or unusual flight or ground handling
characteristics of the airplane.
(f) Airspeeds, as indicated airspeeds, corresponding to those determined
for takeoff under section 5(b).
21. Maximum operating altitudes. The maximum operating altitude to which
operation is allowed, as limited by flight, structural, powerplant,
functional, or equipment characteristics, must be specified in the Airplane
Flight Manual.
22. Stowage provision for airplane flight manual. Provision must be made
for stowing the Airplane Flight Manual in a suitable fixed container which is
readily accessible to the pilot.
23. Operating procedures. Procedures for restarting turbine engines in
flight (including the effects of altitude) must be set forth in the Airplane
Flight Manual.
Airframe Requirements
Flight Loads
24. Engine torque. (a) Each turbopropeller engine mount and its supporting
structure must be designed for the torque effects of:
(1) The conditions in FAR 23.361(a).
(2) The limit engine torque corresponding to takeoff power and propeller
speed multiplied by a factor accounting for propeller control system
malfunction, including quick feathering action, simultaneously with 1g level
flight loads. In the absence of a rational analysis, a factor of 1.6 must be
used.
(b) The limit torque is obtained by multiplying the mean torque by a factor
of 1.25.
25. Turbine engine gyroscopic loads. Each turbopropeller engine mount and
its supporting structure must be designed for the gyroscopic loads that
result, with the engines at maximum continuous r.p.m., under either--
(a) The conditions in FARs 23.351 and 23.423; or
(b) All possible combinations of the following:
(1) A yaw velocity of 2.5 radians per second.
(2) A pitch velocity of 1.0 radians per second.
(3) A normal load factor of 2.5.
(4) Maximum continuous thrust.
26. Unsymmetrical loads due to engine failure. (a) Turbopropeller powered
airplanes must be designed for the unsymmetrical loads resulting from the
failure of the critical engine including the following conditions in
combination with a single malfunction of the propeller drag limiting system,
considering the probable pilot corrective action on the flight controls:
(1) At speeds between Vmo and VD, the loads resulting from power failure
because of fuel flow interruption are considered to be limit loads.
(2) At speeds between Vmo and Vc, the loads resulting from the
disconnection of the engine compressor from the turbine or from loss of the
turbine blades are considered to be ultimate loads.
(3) The time history of the thrust decay and drag buildup occurring as a
result of the prescribed engine failures must be substantiated by test or
other data applicable to the particular engine-propeller combination.
(4) The timing and magnitude of the probable pilot corrective action must
be conservatively estimated, considering the characteristics of the
particular engine-propeller-airplane combination.
(b) Pilot corrective action may be assumed to be initiated at the time
maximum yawing velocity is reached, but not earlier than 2 seconds after the
engine failure. The magnitude of the corrective action may be based on the
control forces in FAR 23.397 except that lower forces may be assumed where it
is shown by analysis or test that these forces can control the yaw and roll
resulting from the prescribed engine failure conditions.
Ground Loads
27. Dual wheel landing gear units. Each dual wheel landing gear unit and
its supporting structure must be shown to comply with the following:
(a) Pivoting. The airplane must be assumed to pivot about one side of the
main gear with the brakes on that side locked. The limit vertical load factor
must be 1.0 and the coefficient of friction 0.8. This condition need apply
only to the main gear and its supporting structure.
(b) Unequal tire inflation. A 60-40 percent distribution of the loads
established under FAR 23.471 through FAR 23.483 must be applied to the dual
wheels.
(c) Flat tire. (1) Sixty percent of the loads in FAR 23.471 through FAR
23.483 must be applied to either wheel in a unit.
(2) Sixty percent of the limit drag and side loads and 100 percent of the
limit vertical load established under FARs 23.493 and 23.485 must be applied
to either wheel in a unit except that the vertical load need not exceed the
maximum vertical load in paragraph (c)(1) of this section.
Fatigue Evaluation
28. Fatigue evaluation of wing and associated structure. Unless it is shown
that the structure, operating stress levels, materials and expected use are
comparable from a fatigue standpoint to a similar design which has had
substantial satisfactory service experience, the strength, detail design, and
the fabrication of those parts of the wing, wing carrythrough, and attaching
structure whose failure would be catastrophic must be evaluated under
either--
(a) A fatigue strength investigation in which the structure is shown by
analysis, tests, or both to be able to withstand the repeated loads of
variable magnitude expected in service; or
(b) A fail-safe strength investigation in which it is shown by analysis,
tests, or both that catastrophic failure of the structure is not probable
after fatigue, or obvious partial failure, of a principal structural element,
and that the remaining structure is able to withstand a static ultimate load
factor of 75 percent of the critical limit load factor at VC. These loads
must be multiplied by a factor of 1.15 unless the dynamic effects of failure
under static load are otherwise considered.
Design and Construction
29. Flutter. For multiengine turbopropeller powered airplanes, a dynamic
evaluation must be made and must include--
(a) The significant elastic, inertia, and aerodynamic forces associated
with the rotations and displacements of the plane of the propeller; and
(b) Engine-propeller-nacelle stiffness and damping variations appropriate
to the particular configuration.
Landing Gear
30. Flap operated landing gear warning device. Airplanes having retractable
landing gear and wing flaps must be equipped with a warning device that
functions continuously when the wing flaps are extended to a flap position
that activates the warning device to give adequate warning before landing,
using normal landing procedures, if the landing gear is not fully extended
and locked. There may not be a manual shut off for this warning device. The
flap position sensing unit may be installed at any suitable location. The
system for this device may use any part of the system (including the aural
warning device) provided for other landing gear warning devices.
Personnel and Cargo Accommodations
31. Cargo and baggage compartments. Cargo and baggage compartments must be
designed to meet FAR 23.787 (a) and (b), and in addition means must be
provided to protect passengers from injury by the contents of any cargo or
baggage compartment when the ultimate forward inertia force is 9g.
32. Doors and exits. The airplane must meet FAR 23.783 and FAR 23.807
(a)(3), (b), and (c), and in addition:
(a) There must be a means to lock and safeguard each external door and exit
against opening in flight either inadvertently by persons, or as a result of
mechanical failure. Each external door must be operable from both the inside
and the outside.
(b) There must be means for direct visual inspection of the locking
mechanism by crewmembers to determine whether external doors and exits, for
which the initial opening movement is outward, are fully locked. In addition,
there must be a visual means to signal to crewmembers when normally used
external doors are closed and fully locked.
(c) The passenger entrance door must qualify as a floor level emergency
exit. Each additional required emergency exit except floor level exits must
be located over the wing or must be provided with acceptable means to assist
the occupants in descending to the ground. In addition to the passenger
entrance door:
(1) For a total seating capacity of 15 or less, an emergency exit as
defined in FAR 23.807(b) is required on each side of the cabin.
(2) For a total seating capacity of 16 through 23, three emergency exits as
defined in FAR 23.807(b) are required with one on the same side as the door
and two on the side opposite the door.
(d) An evacuation demonstration must be conducted utilizing the maximum
number of occupants for which certification is desired. It must be conducted
under simulated night conditions utilizing only the emergency exits on the
most critical side of the aircraft. The participants must be representative
of average airline passengers with no previous practice or rehearsal for the
demonstration. Evacuation must be completed within 90 seconds.
(e) Each emergency exit must be marked with the word "Exit" by a sign which
has white letters 1 inch high on a red background 2 inches high, be self-
illuminated or independently internally electrically illuminated, and have a
minimum luminescence (brightness) of at least 160 microlamberts. The colors
may be reversed if the passenger compartment illumination is essentially the
same.
(f) Access to window type emergency exits must not be obstructed by seats
or seat backs.
(g) The width of the main passenger aisle at any point between seats must
equal or exceed the values in the following table:
Minimum main
passenger aisle
width
Less
than 25
inches 25 inches
Total seating from and more
capacity floor from floor
10 through 23 9 inches 15 inches.
Miscellaneous
33. Lightning strike protection. Parts that are electrically insulated from
the basic airframe must be connected to it through lightning arrestors unless
a lightning strike on the insulated part--
(a) Is improbable because of shielding by other parts; or
(b) Is not hazardous.
34. Ice protection. If certification with ice protection provisions is
desired, compliance with the following must be shown:
(a) The recommended procedures for the use of the ice protection equipment
must be set forth in the Airplane Flight Manual.
(b) An analysis must be performed to establish, on the basis of the
airplane's operational needs, the adequacy of the ice protection system for
the various components of the airplane. In addition, tests of the ice
protection system must be conducted to demonstrate that the airplane is
capable of operating safely in continuous maximum and intermittent maximum
icing conditions as described in Appendix C of Part 25 of this chapter.
(c) Compliance with all or portions of this section may be accomplished by
reference, where applicable because of similarity of the designs, to analysis
and tests performed by the applicant for a type certificated model.
35. Maintenance information. The applicant must make available to the owner
at the time of delivery of the airplane the information the applicant
considers essential for the proper maintenance of the airplane. That
information must include the following:
(a) Description of systems, including electrical, hydraulic, and fuel
controls.
(b) Lubrication instructions setting forth the frequency and the lubricants
and fluids which are to be used in the various systems.
(c) Pressures and electrical loads applicable to the various systems.
(d) Tolerances and adjustments necessary for proper functioning.
(e) Methods of leveling, raising, and towing.
(f) Methods of balancing control surfaces.
(g) Identification of primary and secondary structures.
(h) Frequency and extent of inspections necessary to the proper operation
of the airplane.
(i) Special repair methods applicable to the airplane.
(j) Special inspection techniques, such as X-ray, ultrasonic, and magnetic
particle inspection.
(k) List of special tools.
Propulsion
General
36. Vibration characteristics. For turbopropeller powered airplanes, the
engine installation must not result in vibration characteristics of the
engine exceeding those established during the type certification of the
engine.
37. In flight restarting of engine. If the engine on turbopropeller powered
airplanes cannot be restarted at the maximum cruise altitude, a determination
must be made of the altitude below which restarts can be consistently
accomplished. Restart information must be provided in the Airplane Flight
Manual.
38. Engines. (a) For turbopropeller powered airplanes. The engine
installation must comply with the following:
(1) Engine isolation. The powerplants must be arranged and isolated from
each other to allow operation, in at least one configuration, so that the
failure or malfunction of any engine, or of any system that can affect the
engine, will not--
(i) Prevent the continued safe operation of the remaining engines; or
(ii) Require immediate action by any crewmember for continued safe
operation.
(2) Control of engine rotation. There must be a means to individually stop
and restart the rotation of any engine in flight except that engine rotation
need not be stopped if continued rotation could not jeopardize the safety of
the airplane. Each component of the stopping and restarting system on the
engine side of the firewall, and that might be exposed to fire, must be at
least fire resistant. If hydraulic propeller feathering systems are used for
this purpose, the feathering lines must be at least fire resistant under the
operating conditions that may be expected to exist during feathering.
(3) Engine speed and gas temperature control devices. The powerplant
systems associated with engine control devices, systems, and instrumentation
must provide reasonable assurance that those engine operating limitations
that adversely affect turbine rotor structural integrity will not be exceeded
in service.
(b) For reciprocating engine powered airplanes. To provide engine
isolation, the powerplants must be arranged and isolated from each other to
allow operation, in at least one configuration, so that the failure or
malfunction of any engine, or of any system that can affect that engine, will
not--
(1) Prevent the continued safe operation of the remaining engines; or
(2) Require immediate action by any crewmember for continued safe
operation.
39. Turbopropeller reversing systems. (a) Turbopropeller reversing systems
intended for ground operation must be designed so that no single failure or
malfunction of the system will result in unwanted reverse thrust under any
expected operating condition. Failure of structural elements need not be
considered if the probability of this kind of failure is extremely remote.
(b) Turbopropeller reversing systems intended for in flight use must be
designed so that no unsafe condition will result during normal operation of
the system, or from any failure (or reasonably likely combination of
failures) of the reversing system, under any anticipated condition of
operation of the airplane. Failure of structural elements need not be
considered if the probability of this kind of failure is extremely remote.
(c) Compliance with this section may be shown by failure analysis, testing,
or both for propeller systems that allow propeller blades to move from the
flight low-pitch position to a position that is substantially less than that
at the normal flight low-pitch stop position. The analysis may include or be
supported by the analysis made to show compliance with the type certification
of the propeller and associated installation components. Credit will be given
for pertinent analysis and testing completed by the engine and propeller
manufacturers.
40. Turbopropeller drag-limiting systems. Turbopropeller drag-limiting
systems must be designed so that no single failure or malfunction of any of
the systems during normal or emergency operation results in propeller drag in
excess of that for which the airplane was designed. Failure of structural
elements of the drag-limiting systems need not be considered if the
probability of this kind of failure is extremely remote.
41. Turbine engine powerplant operating characteristics. For turbopropeller
powered airplanes, the turbine engine powerplant operating characteristics
must be investigated in flight to determine that no adverse characteristics
(such as stall, surge, or flameout) are present to a hazardous degree, during
normal and emergency operation within the range of operating limitations of
the airplane and of the engine.
42. Fuel flow. (a) For turbopropeller powered airplanes--
(1) The fuel system must provide for continuous supply of fuel to the
engines for normal operation without interruption due to depletion of fuel in
any tank other than the main tank; and
(2) The fuel flow rate for turbopropeller engine fuel pump systems must not
be less than 125 percent of the fuel flow required to develop the standard
sea level atmospheric conditions takeoff power selected and included as an
operating limitation in the Airplane Flight Manual.
(b) For reciprocating engine powered airplanes, it is acceptable for the
fuel flow rate for each pump system (main and reserve supply) to be 125
percent of the takeoff fuel consumption of the engine.
Fuel System Components
43. Fuel pumps. For turbopropeller powered airplanes, a reliable and
independent power source must be provided for each pump used with turbine
engines which do not have provisions for mechanically driving the main pumps.
It must be demonstrated that the pump installations provide a reliability and
durability equivalent to that in FAR 23.991(a).
44. Fuel strainer or filter. For turbopropeller powered airplanes, the
following apply:
(a) There must be a fuel strainer or filter between the tank outlet and the
fuel metering device of the engine. In addition, the fuel strainer or filter
must be--
(1) Between the tank outlet and the engine-driven positive displacement
pump inlet, if there is an engine-driven positive displacement pump;
(2) Accessible for drainage and cleaning and, for the strainer screen,
easily removable; and
(3) Mounted so that its weight is not supported by the connecting lines or
by the inlet or outlet connections of the strainer or filter itself.
(b) Unless there are means in the fuel system to prevent the accumulation
of ice on the filter, there must be means to automatically maintain the fuel-
flow if ice-clogging of the filter occurs; and
(c) The fuel strainer or filter must be of adequate capacity (for operating
limitations established to ensure proper service) and of appropriate mesh to
insure proper engine operation, with the fuel contaminated to a degree (for
particle size and density) that can be reasonably expected in service. The
degree of fuel filtering may not be less than that established for the engine
type certification.
45. Lightning strike protection. Protection must be provided against the
ignition of flammable vapors in the fuel vent system due to lightning
strikes.
Cooling
46. Cooling test procedures for turbopropeller powered airplanes. (a)
Turbopropeller powered airplanes must be shown to comply with FAR 23.1041
during takeoff, climb, en route, and landing stages of flight that correspond
to the applicable performance requirements. The cooling tests must be
conducted with the airplane in the configuration, and operating under the
conditions that are critical relative to cooling during each stage of flight.
For the cooling tests a temperature is "stabilized" when its rate of change
is less than 2 deg. F. per minute.
(b) Temperatures must be stabilized under the conditions from which entry
is made into each stage of flight being investigated unless the entry
condition is not one during which component and engine fluid temperatures
would stabilize, in which case, operation through the full entry condition
must be conducted before entry into the stage of flight being investigated to
allow temperatures to reach their natural levels at the time of entry. The
takeoff cooling test must be preceded by a period during which the powerplant
component and engine fluid temperatures are stabilized with the engines at
ground idle.
(c) Cooling tests for each stage of flight must be continued until--
(1) The component and engine fluid temperatures stabilize;
(2) The stage of flight is completed; or
(3) An operating limitation is reached.
Induction System
47. Air induction. For turbopropeller powered airplanes--
(a) There must be means to prevent hazardous quantities of fuel leakage or
overflow from drains, vents, or other components of flammable fluid systems
from entering the engine intake systems; and
(b) The air inlet ducts must be located or protected so as to minimize the
ingestion of foreign matter during takeoff, landing, and taxiing.
48. Induction system icing protection. For turbopropeller powered
airplanes, each turbine engine must be able to operate throughout its flight
power range without adverse effect on engine operation or serious loss of
power or thrust, under the icing conditions specified in Appendix C of Part
25 of this chapter. In addition, there must be means to indicate to
appropriate flight crewmembers the functioning of the powerplant ice
protection system.
49. Turbine engine bleed air systems. Turbine engine bleed air systems of
turbopropeller powered airplanes must be investigated to determine--
(a) That no hazard to the airplane will result if a duct rupture occurs.
This condition must consider that a failure of the duct can occur anywhere
between the engine port and the airplane bleed service; and
(b) That, if the bleed air system is used for direct cabin pressurization,
it is not possible for hazardous contamination of the cabin air system to
occur in event of lubrication system failure.
Exhaust System
50. Exhaust system drains. Turbopropeller engine exhaust systems having low
spots or pockets must incorporate drains at those locations. These drains
must discharge clear of the airplane in normal and ground attitudes to
prevent the accumulation of fuel after the failure of an attempted engine
start.
Powerplant Controls and Accessories
51. Engine controls. If throttles or power levers for turbopropeller
powered airplanes are such that any position of these controls will reduce
the fuel flow to the engine(s) below that necessary for satisfactory and safe
idle operation of the engine while the airplane is in flight, a means must be
provided to prevent inadvertent movement of the control into this position.
The means provided must incorporate a positive lock or stop at this idle
position and must require a separate and distinct operation by the crew to
displace the control from the normal engine operating range.
52. Reverse thrust controls. For turbopropeller powered airplanes, the
propeller reverse thrust controls must have a means to prevent their
inadvertent operation. The means must have a positive lock or stop at the
idle position and must require a separate and distinct operation by the crew
to displace the control from the flight regime.
53. Engine ignition systems. Each turbopropeller airplane ignition system
must be considered an essential electrical load.
54. Powerplant accessories. The powerplant accessories must meet FAR
23.1163, and if the continued rotation of any accessory remotely driven by
the engine is hazardous when malfunctioning occurs, there must be means to
prevent rotation without interfering with the continued operation of the
engine.
Powerplant Fire Protection
55. Fire detector system. For turbopropeller powered airplanes, the
following apply:
(a) There must be a means that ensures prompt detection of fire in the
engine compartment. An overtemperature switch in each engine cooling air exit
is an acceptable method of meeting this requirement.
(b) Each fire detector must be constructed and installed to withstand the
vibration, inertia, and other loads to which it may be subjected in
operation.
(c) No fire detector may be affected by any oil, water, other fluids, or
fumes that might be present.
(d) There must be means to allow the flight crew to check, in flight, the
functioning of each fire detector electric circuit.
(e) Wiring and other components of each fire detector system in a fire zone
must be at least fire resistant.
56. Fire protection, cowling and nacelle skin. For reciprocating engine
powered airplanes, the engine cowling must be designed and constructed so
that no fire originating in the engine compartment can enter either through
openings or by burn through, any other region where it would create
additional hazards.
57. Flammable fluid fire protection. If flammable fluids or vapors might be
liberated by the leakage of fluid systems in areas other than engine
compartments, there must be means to--
(a) Prevent the ignition of those fluids or vapors by any other equipment;
or
(b) Control any fire resulting from that ignition.
Equipment
58. Powerplant instruments. (a) The following are required for
turbopropeller airplanes:
(1) The instruments required by FAR 23.1305 (a) (1) through (4), (b) (2)
and (4).
(2) A gas temperature indicator for each engine.
(3) Free air temperature indicator.
(4) A fuel flowmeter indicator for each engine.
(5) Oil pressure warning means for each engine.
(6) A torque indicator or adequate means for indicating power output for
each engine.
(7) Fire warning indicator for each engine.
(8) A means to indicate when the propeller blade angle is below the low-
pitch position corresponding to idle operation in flight.
(9) A means to indicate the functioning of the ice protection system for
each engine.
(b) For turbopropeller powered airplanes, the turbopropeller blade position
indicator must begin indicating when the blade has moved below the flight
low-pitch position.
(c) The following instruments are required for reciprocating engine powered
airplanes:
(1) The instruments required by FAR 23.1305.
(2) A cylinder head temperature indicator for each engine.
(3) A manifold pressure indicator for each engine.
Systems and Equipments
General
59. Function and installation. The systems and equipment of the airplane
must meet FAR 23.1301, and the following:
(a) Each item of additional installed equipment must--
(1) Be of a kind and design appropriate to its intended function;
(2) Be labeled as to its identification, function, or operating
limitations, or any applicable combination of these factors, unless misuse or
inadvertent actuation cannot create a hazard;
(3) Be installed according to limitations specified for that equipment; and
(4) Function properly when installed.
(b) Systems and installations must be designed to safeguard against hazards
to the aircraft in the event of their malfunction or failure.
(c) Where an installation, the functioning of which is necessary in showing
compliance with the applicable requirements, requires a power supply, that
installation must be considered an essential load on the power supply, and
the power sources and the distribution system must be capable of supplying
the following power loads in probable operation combinations and for probable
durations:
(1) All essential loads after failure of any prime mover, power converter,
or energy storage device.
(2) All essential loads after failure of any one engine on two-engine
airplanes.
(3) In determining the probable operating combinations and durations of
essential loads for the power failure conditions described in paragraphs (1)
and (2) of this paragraph, it is permissible to assume that the power loads
are reduced in accordance with a monitoring procedure which is consistent
with safety in the types of operations authorized.
60. Ventilation. The ventilation system of the airplane must meet FAR
23.831, and in addition, for pressurized aircraft, the ventilating air in
flight crew and passenger compartments must be free of harmful or hazardous
concentrations of gases and vapors in normal operation and in the event of
reasonably probable failures or malfunctioning of the ventilating, heating,
pressurization, or other systems, and equipment. If accumulation of hazardous
quantities of smoke in the cockpit area is reasonably probable, smoke
evacuation must be readily accomplished.
Electrical Systems and Equipment
61. General. The electrical systems and equipment of the airplane must meet
FAR 23.1351, and the following:
(a) Electrical system capacity. The required generating capacity, and
number and kinds of power sources must--
(1) Be determined by an electrical load analysis; and
(2) Meet FAR 23.1301.
(b) Generating system. The generating system includes electrical power
sources, main power busses, transmission cables, and associated control,
regulation and protective devices. It must be designed so that--
(1) The system voltage and frequency (as applicable) at the terminals of
all essential load equipment can be maintained within the limits for which
the equipment is designed, during any probable operating conditions;
(2) System transients due to switching, fault clearing, or other causes do
not make essential loads inoperative, and do not cause a smoke or fire
hazard;
(3) There are means, accessible in flight to appropriate crewmembers, for
the individual and collective disconnection of the electrical power sources
from the system; and
(4) There are means to indicate to appropriate crewmembers the generating
system quantities essential for the safe operation of the system, including
the voltage and current supplied by each generator.
62. Electrical equipment and installation. Electrical equipment, controls,
and wiring must be installed so that operation of any one unit or system of
units will not adversely affect the simultaneous operation of any other
electrical unit or system essential to the safe operation.
63. Distribution system. (a) For the purpose of complying with this
section, the distribution system includes the distribution busses, their
associated feeders, and each control and protective device.
(b) Each system must be designed so that essential load circuits can be
supplied in the event of reasonably probable faults or open circuits,
including faults in heavy current carrying cables.
(c) If two independent sources of electrical power for particular equipment
or systems are required under this appendix, their electrical energy supply
must be ensured by means such as duplicate electrical equipment, throwover
switching, or multichannel or loop circuits separately routed.
64. Circuit protective devices. The circuit protective devices for the
electrical circuits of the airplane must meet FAR 23.1357, and in addition
circuits for loads which are essential to safe operation must have individual
and exclusive circuit protection.
Appendix B to Part 135--Airplane Flight Recorder Specifications
Installed
system /1/
minimum
accuracy (to Sampling
recovered interval (per Resolution
Parameters Range data) second) /4/ read out
Relative time 8 hr minimum +/-0.125% per 1 1 sec.
(from hour
recorded on
prior to
takeoff)
Indicated Vso to VD +/-5% or +/- 1 1% /3/.
airspeed (KIAS) 10 kts.,
whichever is
greater.
Resolution 2
kts. below
175 KIAS
Altitude -1,000 ft. to +/-100 to +/- 1 25 to 150
max cert. 700 ft. (see
alt. of A/C Table 1, TSO
C51-a)
Magnetic 360 deg. +/-5 deg. 1 1 deg.
heading
Vertical -3g to +6g +/-0.2g in 4 (or 1 per 0.03g.
acceleration addition to second where
+/-0.3g peaks, ref.
maximum to 1g are
datum recorded)
Longitudinal +/-1.0g +/-1.5% max. 2 0.01g.
acceleration range
excluding
datum error
of +/-5%
Pitch attitude 100% of +/-2 deg. 1 0.8 deg.
usable
Roll attitude +/-60 deg. or +/-2 deg. 1 0.8 deg.
100% of
usable
range,
whichever is
greater
Stabilizer Full range +/-3% unless 1 1% /3/.
trim position higher
uniquely
required
Or
Pitch control Full range +/-3% unless 1 1% /3/.
position higher
uniquely
required
Engine Power,
Each Engine
Fan or N1 Maximum range +/-5% 1 1% /3/.
speed or EPR
or cockpit
indications
used for
aircraft
certification
Or
Prop. speed 1 (prop
and torque speed), 1
(sample once/ (torque)
sec as close
together as
practicable)
Altitude rate +/-8,000 fpm +/-10%. 1 250 fpm Below
/2/ (need Resolution 12,000
depends on 250 fpm
altitude below 12,000
resolution) ft.
indicated
Angle of -20 deg. to +/-2 deg. 1 0.8% /3/
attack /2/ 40 deg. or
(need depends of usable
on altitude range
resolution)
Radio On/off 1
transmitter
keying
(discrete)
TE flaps Each discrete 1
(discrete or position (U,
analog) D, T/O, AAP)
Or
Analog 0-100% +/-3 deg. 1 1% /3/
range
LE flaps Each discrete 1
(discrete or position (U,
analog) D, T/O, AAP)
Or
Analog 0-100% +/-3 deg. 1 1% /3/.
range
Thrust Stowed or 1
reverser, full reverse
each engine
(Discrete)
Spoiler/ Stowed or out 1
speedbrake
(discrete)
Autopilot Engaged or 1
engaged disengaged
(discrete)
/1/ When data sources are aircraft instruments (except altimeters) of
acceptable quality to fly the aircraft the recording system excluding
these sensors (but including all other characteristics of the recording
system) shall contribute no more than half of the values in this column.
/2/ If data from the altitude encoding altimeter (100 ft. resolution) is
used, then either one of these parameters should also be recorded. If
however, altitude is recorded at a minimum resolution of 25 feet, then
these two parameters can be omitted.
/3/ Per cent of full range.
/4/ This column applies to aircraft manufacturing after October 11, 1991.
[Doc. No. 25530, Amdt. 135-26, 53 FR 26152, July 11, 1988; 53 FR 30906, Aug.
16, 1988]
Appendix C to Part 135--Helicopter Flight Recorder
Specifications
Installed
system /1/
minimum
accuracy (to Sampling
recovered interval (per Resolution
Parameters Range data) second) /3/ read out
Relative time 8 hr minimum +/-0.125% per 1 1 sec.
(from hour
recorded on
prior to
takeoff)
Indicated Vmin to VD +/-5% or +/- 1 1 kt.
airspeed (KIAS) 10 kts.,
(minimum whichever is
airspeed greater
signal
attainable
with
installed
pilot-static
system)
Altitude -1,000 ft. to +/-100 to +/- 1 25 to 150 ft.
20,000 ft. 700 ft. (see
pressure Table 1, TSO
altitude C51-a)
Magnetic 360 deg. +/-5 deg. 1 1 deg..
heading
Vertical -3g to +6g +/-0.2g in 4 (or 1 per 0.05g.
acceleration addition to second where
+/-0.3g peaks, ref.
maximum to 1g are
datum recorded)
Longitudinal +/-1.0g +/-1.5% max. 2 0.03g.
acceleration range
excluding
datum error
of +/-5%
Pitch 100% of +/-2 deg. 1 0.8 deg..
attitude usable range
Roll attitude +/-60 deg. or +/-2 deg. 1 0.8 deg..
100% of
usable
range,
whichever is
greater
Altitude rate +/-8,000 fpm +/-10% 1 250 fpm below
Resolution 12,000.
250 fpm
below 12,000
ft.
indicated
Engine Power,
Each Engine
Main rotor Maximum range +/-5% 1 1% /2/
speed
Free or power Maximum range +5% 1 1% /2/
turbine
Engine torque Maximum range +/-5% 1 1% /2/
Flight
Control--
Hydraulic
Pressure
Primary High/low 1
(discrete)
Secondary--if High/low 1
applicable
(discrete)
Radio On/off 1
transmitter
keying
(discrete)
Autopilot Engaged or 1
engaged disengaged
(discrete)
SAS status-- Engaged/ 1
engaged disengaged
(discrete)
SAS fault Fault/OK 1
status
(discrete)
Flight
Controls
Collective Full range +/-3% 2 1% /2/
Pedal Full range +/-3% 2 1% /2/
position
Lat. cyclic Full range +/-3% 2 1% /2/
Long. cyclic Full range +/-3% 2 1% /2/
Controllable Full range +/-3% 2 1% /2/
stabilator
position
/1/ When data sources are aircraft instruments (except altimeters) of
acceptable quality to fly the aircraft the recording system excluding
these sensors (but including all other characteristics of the recording
system) shall contribute no more than half of the values in this column.
/2/ Per cent of full range.
/3/ This column applies to aircraft manufactured after October 11, 1991.
[Doc. No. 25530, Amdt. 135-26, 53 FR 26152, July 11, 1988; 53 FR 30906, Aug.
16, 1988]
Appendix D to Part 135--Airplane Flight Recorder Specification
Accuracy
sensor input Sampling
to DFDR interval (per resolution /4/
Parameters Range readout second) read out
Time (GMT or 24 Hrs +/-0.125% Per 0.25 (1 per 4 1 sec.
Frame Hour seconds)
Counter)
(range 0 to
4095, sampled
1 per frame)
Altitude -1,000 ft to +/-100 to +/- 1 5' to 35'
max 700 ft (See /1/.
certificated Table 1,
altitude of TSO-C51a)
aircraft
Airspeed 50 KIAS to +/-5%, +/-3% 1 1kt
Vso, and Vso
to 1.2 VD
Heading 360 deg. +/-2 deg. 1 0.5 deg.
Normal -3g to +6g +/-1% of max 8 0.01g
Acceleration range
(Vertical) excluding
datum error
of +/-5%
Pitch Attitude +/-75 deg. +/-2 deg. 1 0.5 deg.
Roll Attitude +/-180 deg. +/-2 deg. 1 0.5 deg..
Radio On-Off 1
Transmitter (Discrete)
Keying
Thrust/Power Full range +/-2% 1 (per 0.2% /2/.
on Each forward engine)
Engine
Trailing Edge Full range or +/-3 deg. or 0.5 0.5% /2/.
Flap or each as pilot's
Cockpit discrete indicator
Control position
Selection
Leading Edge Full range or +/-3 deg. or 0.5 0.5% /2/.
Flap on or each as pilot's
Cockpit discrete indicator
Control position
Selection
Thrust Stowed, in 1 (per 4
Reverser transit, and seconds per
Position reverse engine)
(discretion)
Ground Spoiler Full range or +/-2% unless 1 0.22 /2/.
Position/ each higher
Speed Brake discrete accuracy
Selection position uniquely
required
Marker Beacon Discrete 1
Passage
Autopilot Discrete 1
Engagement
Longitudinal +/-1g +/-1.5% max 4 0.01g.
Acceleration range
excluding
datum error
of +/-5%
Pilot Input Full range +/-2 deg. 1 0.2% /2/.
And/or unless
Surface higher
Position- accuracy
Primary uniquely
Controls required
(Pitch, Roll,
Yaw) /3/
Lateral +/-1g +/-1.5% max 4 0.01g.
Acceleration range
excluding
datum error
of +/-5%
Pitch Trim Full range +/-3% unless 1 0.3%/2/.
Position higher
accuracy
uniquely
required
Glideslope +/-400 +/-3% 1 0.3% /2/.
Deviation Microamps
Localizer +/-400 +/-3% 1 0.3% /2/.
Deviation Microamps
AFCS Mode And Discrete 1
Engagement
Status
Radio Altitude -20 ft to +/-2 Ft or 1 1 ft + 5% /2/
2,500 ft +/-3% above 500'.
whichever is
greater
below 500 ft
and +/-5%
above 500 ft
Master Warning Discrete 1
Main Gear Discrete 1
Squat Switch
Status
Angle of As installed As installed 2 0.3% /2/.
Attack (if
recorded
directly)
Outside Air -50 deg.C to +/-2 deg.c 0.5 0.3 deg.c
Temperature +90 deg.c
or Total Air
Temperature
Hydraulics, Discrete 0.5 or 0.5% /2/.
Each System
Low Pressure
Groundspeed As installed Most accurate 1 0.2% /2/.
systems
installed
(IMS
equipped
aircraft
only)
If additional recording capacity is available, recording of the following
parameters is recommended. The parameters are listed in order of
significance:
Drift Angle When As installed 4
available.
As installed
Wind Speed and When As installed 4
Direction available.
As installed
Latitude and When As installed 4
Longitude available.
As installed
Brake As installed As installed 1
pressure/
Brake pedal
position
Additional
engine
parameters:
EPR As installed As installed 1 (per
engine)
N1 As installed As installed 1 (per
engine)
N2 As installed As installed 1 (per
engine)
EGT As installed As installed 1 (per
engine)
Throttle Lever As installed As installed 1 (per
Position engine)
Fuel Flow As installed As installed 1 (per
engine)
TCAS:
TA As installed As installed 1
RA As installed As installed 1
Sensitivity As installed As installed 2
level (as
selected by
crew)
GPWS (ground Discrete 1
proximity
warning
system)
Landing gear Discrete 0.25 (1 per 4
or gear seconds)
selector
position
DME 1 and 2 0-200 NM; As installed 0.25 1mi.
Distance
Nav 1 and 2 Full range As installed 0.25
Frequency
Selection
/1/ When altitude rate is recorded. Altitude rate must have sufficient
resolution and sampling to permit the derivation of altitude to 5 feet.
/2/ Per cent of full range.
/3/ For airplanes that can demonstrate the capability of deriving either the
control input on control movement (one from the other) for all modes of
operation and flight regimes, the "or" applies. For airplanes with non-
mechanical control systems (fly-by-wire) the "and" applies. In airplanes with
split surfaces, suitable combination of inputs is acceptable in lieu of
recording each surface separately.
/4/ This column applies to aircraft manufactured after October 11, 1991.
[Doc. No. 25530, Amdt. 135-26, 53 FR 26153, July 11, 1988; 53 FR 30906, Aug.
16, 1988]
Appendix E to Part 135--Helicopter Flight Recorder
Specifications
Accuracy
sensor input Sampling
to DFDR interval (per Resolution
Parameters Range readout second) /2/ read out
Time (GMT) 24 Hrs +/-0.125% Per 0.25 (1 per 4 1 sec
Hour seconds)
Altitude -1,000 ft to +/-100 to +/- 1 5' to 30'.
max 700 ft (See
certificated Table 1,
altitude of TSO-C51a)
aircraft
Airspeed As the +/-3% 1 1 kt
installed
measuring
system
Heading 360 deg. +/-2 deg. 1 0.5 deg..
Normal -3g to +6g +/-1% of max 8 0.01g
Acceleration range
(Vertical) excluding
datum error
of +/-5%
Pitch +/-75 deg. +/-2 deg. 2 0.5 deg.
Attitude
Roll Attitude +/-180 deg. +/-2 deg. 2 0.5 deg..
Radio On-Off 1 0.25 sec
Transmitter (Discrete)
Keying
Power in Each 0-130% (power +/-2% 1 speed 1 0.2% /1/ to
Engine: Free Turbine torque (per 0.4% /1/
Power Speed) Full engine)
Turbine range
Speed and (Torque)
Engine
Torque
Main Rotor 0-130% +/-2% 2 0.3% /1/
Speed
Altitude Rate +/-6,000 ft/ As installed 2 0.2% /1/
min
Pilot Input-- Full range +/-3% 2 0.5% /1/
Primary
Controls
(Collective,
Longitudinal
Cyclic,
Lateral
Cyclic,
Pedal)
Flight Discrete, 1
Control each circuit
Hydraulic
Pressure Low
Flight Discrete 1
Control
Hydraulic
Pressure
Selector
Switch
Position,
1st and 2nd
stage
AFCS Mode and Discrete (5 1
Engagement bits
Status necessary)
Stability Discrete 1
Augmentation
System
Engage
SAS Fault Discrete 0.25
Status
Main Gearbox As installed As installed 0.25 0.5% /1/
Temperature
Low
Main Gearbox As installed As installed 0.5 0.5% /1/
Temperature
High
Controllable Full Range +/-3% 2 0.4% /1/.
Stabilator
Position
Longitudinal +/-1g +/-1.5% max 4 0.01g.
Acceleration range
excluding
datum error
of +/-5%
Lateral +/-1g +/-1.5% max 4 0.01g.
Acceleration range
excluding
datum of +/-
5%
Master Discrete 1
Warning
Nav 1 and 2 Full range As installed 0.25
Frequency
Selection
Outside Air -50 deg.C to +/-2 deg.c 0.5 0.3 deg.c
Temperature +90 deg.C
/1/ Per cent of full range.
/2/ This column applies to aircraft manufactured after October 11, 1991.
[Doc. No. 25530, Amdt. 135-26, 53 FR 26154, July 11, 1988; 53 FR 30906, Aug.
16, 1988]
