PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS
Special Federal Aviation Regulations
SFAR No. 58 [Note]
SFAR No. 63
Subpart A--General
Sec.
65.1 Applicability.
65.3 Certification of foreign airmen other than flight crewmembers.
65.11 Application and issue.
65.12 Offenses involving alcohol or drugs.
65.13 Temporary certificate.
65.15 Duration of certificates.
65.16 Change of name: Replacement of lost or destroyed certificate.
65.17 Tests: General procedure.
65.18 Written tests: Cheating or other unauthorized conduct.
65.19 Retesting after failure.
65.20 Applications, certificates, logbooks reports, and records:
Falsification reproduction, or alteration.
65.21 Change of address.
65.23 Refusal to submit to a drug or alcohol test.
Subpart B--Air-Traffic Control Tower Operators
65.31 Required certificates, and rating or qualification.
65.33 Eligibility requirements: General.
65.35 Knowledge requirements.
65.37 Skill requirements: Operating positions.
65.39 Practical experience requirements: Facility rating.
65.41 Skill requirements: Facility ratings.
65.43 Rating privileges and exchange.
65.45 Performance of duties.
65.46 Use of prohibited drugs.
65.46a Misuse of alcohol.
65.46b Testing for alcohol.
65.47 Maximum hours.
65.49 General operating rules.
65.50 Currency requirements.
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.
SFAR No. 63--Relief for Participants in Operation Desert Shield/Storm
Sections
1. Applicability.
2. Required documents.
3. Expiration date.
1. Applicability. Contrary provisions of part 65 notwithstanding, under the
procedures prescribed herein, Flight Standards District Offices (FSDO) are
authorized to accept an expired written test report to show eligibility to
take a practical test required under this Part and/or renew an expired
inspection authorization to show eligibility for renewal under Sec. 65.93,
provided--
a. The person is a civilian or military person who served in support of
Operation Desert Shield/Storm during the time period from August 2, 1990 to
December 31, 1992;
b. The person's airman written test report and/or inspection authorization
expired within the time period from 60 days prior to assignment to 60 days
after reassignment from support of Operation Desert Shield/Storm; and
c. The person completes the required practical test within 6 calendar
months following the date of reassignment from Operation Desert Shield/Storm
or by December 31, 1992, whichever date is sooner.
2. Required documents. The FSDO and applicant shall include one of the
following documents with the airman application, and the documents must show
the dates of assignment to and reassignment from support of Operation Desert
Shield/Storm:
a. Official government documents showing the person was a civilian on
official duty for the United States Government in support of Operation Desert
Shield/Storm during the time period from August 2, 1990 to December 31, 1992;
b. Military orders showing the person was a member of the uniformed
services assigned to duty in support of Operation Desert Shield/Storm during
the time period from August 2, 1990 to December 31, 1992;
c. Military orders showing the person was an active member of the National
Guard or Reserve called to active duty in support of Operation Desert Shield/
Storm during the time period from August 2, 1990 to December 31, 1992; or
d. A letter from the unit commander providing inclusive dates during which
the person served in support of Operation Desert Shield/Storm during the time
period from August 2, 1990 to December 31, 1992.
3. Expiration date. This SFAR expires December 31, 1992, unless sooner
superseded or rescinded.
SUMMARY: The FAA is issuing this Special Federal Aviation Regulation (SFAR)
to provide certain regulatory relief to civilian and military personnel who
have been or are serving in an assignment in support of Operation Desert
Shield/Storm during the time period from August 2, 1990 to December 31, 1992.
This SFAR permits Flight Standards District Offices (FSDO) to accept expired
flight instructor certificates, inspection authorizations, and/or airman
written test reports for meeting certain eligibility requirements under the
current rules. This action is necessary because the FAA has determined that
these personnel may be unable to meet the regulatory time limits of their
flight instructor certificate, inspection authorization, and/or airman
written test report as a result of their assignment. This action is intended
to alleviate potential hardships that result from the imposition of time
requirements established in the regulations on flight instructor
certificates, inspection authorizations, and/or airman written test reports.
This part prescribes the requirements for issuing the following
certificates and associated ratings and the general operating rules for the
holders of those certificates and ratings:
(a) Air-traffic control-tower operators.
(b) Aircraft dispatchers.
(c) Mechanics.
(d) Repairmen.
(e) Parachute riggers.
Sec. 65.3 Certification of foreign airmen other than flight crewmembers.
A person who is neither a U.S. citizen nor a resident alien is issued a
certificate under Subpart D of this part, outside the United States, only
when the Administrator finds that the certificate is needed for the operation
or continued airworthiness of a U.S.-registered civil aircraft.
[Doc. 65-28, FR 35693, Aug. 16, 1982]
Sec. 65.11 Application and issue.
(a) Application for a certificate and appropriate class rating, or for an
additional rating, under this part must be made on a form and in a manner
prescribed by the Administrator. Each person who is neither a U.S. citizen
nor a resident alien and who applies for a written or practical test to be
administered outside the United States or for any certificate or rating
issued under this part must show evidence that the fee prescribed in Appendix
A of Part 187 of this chapter has been paid.
(b) An applicant who meets the requirements of this part is entitled to an
appropriate certificate and rating.
(c) Unless authorized by the Administrator, a person whose air traffic
control tower operator, mechanic, or parachute rigger certificate is
suspended may not apply for any rating to be added to that certificate during
the period of suspension.
(d) Unless the order of revocation provides otherwise--
(1) A person whose air traffic control tower operator, aircraft dispatcher,
or parachute rigger certificate is revoked may not apply for the same kind of
certificate for 1 year after the date of revocation; and
(2) A person whose mechanic or repairman certificate is revoked may not
apply for either of those kinds of certificates for 1 year after the date of
revocation.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 FR
13524, Oct. 20, 1966; Amdt. 65-28, 47 FR 35693, Aug. 16, 1982]
Sec. 65.12 Offenses involving alcohol or drugs.
(a) A conviction for the violation of any Federal or state statute relating
to the growing, processing, manufacture, sale, disposition, possession,
transportation, or importation of narcotic drugs, marihuana, or depressant or
stimulant drugs or substances is grounds for--
(1) Denial of an application for any certificate or rating issued under
this part for a period of up to 1 year after the date of final conviction; or
(2) Suspension or revocation of any certificate or rating issued under this
part.
(b) The commission of an act prohibited by Sec. 91.19(a) of this chapter is
grounds for--
(1) Denial of an application for a certificate or rating issued under this
part for a period of up to 1 year after the date of that act; or
(2) Suspension or revocation of any certificate or rating issued under this
part.
[Doc. No. 21956, Amdt. 65-29, 50 FR 15379, Apr. 17, 1985, as amended by Amdt.
65-34, 54 FR 34330, Aug. 18, 1989]
Effective Date Note: At 54 FR 34330, August 18, 1989, Sec. 65.12 was
amended by changing the cross reference "Sec. 91.12(a)" to read "Sec.
91.19(a)", effective August 18, 1990.
Sec. 65.13 Temporary certificate.
A certificate and ratings effective for a period of not more than 120 days
may be issued to a qualified applicant, pending review of his application and
supplementary documents and the issue of the certificate and ratings for
which he applied.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-23, 43 FR
22640, May 25, 1978]
Sec. 65.15 Duration of certificates.
(a) Except for repairman certificates, a certificate or rating issued under
this part is effective until it is surrendered, suspended, or revoked.
(b) Unless it is sooner surrendered, suspended, or revoked, a repairman
certificate is effective until the holder is relieved from the duties for
which the holder was employed and certificated.
(c) The holder of a certificate issued under this part that is suspended,
revoked, or no longer effective shall return it to the Administrator.
[Amdt. 65-28, 47 FR 35693, Aug. 16, 1982]
Sec. 65.16 Change of name: Replacement of lost or destroyed certificate.
(a) An application for a change of name on a certificate issued under this
part must be accompanied by the applicant's current certificate and the
marriage license, court order, or other document verifying the change. The
documents are returned to the applicant after inspection.
(b) An application for a replacement of a lost or destroyed certificate is
made by letter to the Department of Transportation, Federal Aviation
Administration, Airman Certification Branch, Post Office Box 25082, Oklahoma
City, Okla. 73125. The letter must--
(1) Contain the name in which the certificate was issued, the permanent
mailing address (including zip code), social security number (if any), and
date and place of birth of the certificate holder, and any available
information regarding the grade, number, and date of issue of the
certificate, and the ratings on it; and
(2) Be accompanied by a check or money order for $2, payable to the Federal
Aviation Administration.
(c) An application for a replacement of a lost or destroyed medical
certificate is made by letter to the Department of Transportation, Federal
Aviation Administration, Civil Aeromedical Institute, Aeromedical
Certification Branch, Post Office Box 25082, Oklahoma City, Okla. 73125,
accompanied by a check or money order for $2.00.
(d) A person whose certificate issued under this part or medical
certificate, or both, has been lost may obtain a telegram from the FAA
confirming that it was issued. The telegram may be carried as a certificate
for a period not to exceed 60 days pending his receiving a duplicate
certificate under paragraph (b) or (c) of this section, unless he has been
notified that the certificate has been suspended or revoked. The request for
such a telegram may be made by prepaid telegram, stating the date upon which
a duplicate certificate was requested, or including the request for a
duplicate and a money order for the necessary amount. The request for a
telegraphic certificate should be sent to the office prescribed in paragraph
(b) or (c) of this section, as appropriate. However, a request for both at
the same time should be sent to the office prescribed in paragraph (b) of
this section.
(a) Tests prescribed by or under this part are given at times and places,
and by persons, designated by the Administrator.
(b) The minimum passing grade for each test is 70 percent.
Sec. 65.18 Written tests: Cheating or other unauthorized conduct.
(a) Except as authorized by the Administrator, no person may--
(1) Copy, or intentionally remove, a written test under this part;
(2) Give to another, or receive from another, any part or copy of that
test;
(3) Give help on that test to, or receive help on that test from, any
person during the period that test is being given;
(4) Take any part of that test in behalf of another person;
(5) Use any material or aid during the period that test is being given; or
(6) Intentionally cause, assist, or participate in any act prohibited by
this paragraph.
(b) No person who commits an act prohibited by paragraph (a) of this
section is eligible for any airman or ground instructor certificate or rating
under this chapter for a period of 1 year after the date of that act. In
addition, the commission of that act is a basis for suspending or revoking
any airman or ground instructor certificate or rating held by that person.
[Amdt. 65-3, 30 FR 2196, Feb. 18, 1965]
Sec. 65.19 Retesting after failure.
An applicant for a written, oral, or practical test for a certificate and
rating, or for an additional rating under this part, may apply for
retesting--
(a) After 30 days after the date the applicant failed the test; or
(b) Before the 30 days have expired if the applicant presents a signed
statement from an airman holding the certificate and rating sought by the
applicant, certifying that the airman has given the applicant additional
instruction in each of the subjects failed and that the airman considers the
applicant ready for retesting.
[Amdt. 65-23, 43 FR 22640, May 25, 1978]
Sec. 65.20 Applications, certificates, logbooks, reports, and records:
Falsification, reproduction, or alteration.
(a) No person may make or cause to be made--
(1) Any fraudulent or intentionally false statement on any application for
a certificate or rating under this part;
(2) Any fraudulent or intentionally false entry in any logbook, record, or
report that is required to be kept, made, or used, to show compliance with
any requirement for any certificate or rating under this part;
(3) Any reproduction, for fraudulent purpose, of any certificate or rating
under this part; or
(4) Any alteration of any certificate or rating under this part.
(b) The commission by any person of an act prohibited under paragraph (a)
of this section is a basis for suspending or revoking any airman or ground
instructor certificate or rating held by that person.
[Amdt. 65-3, 30 FR 2196, Feb. 18, 1965]
Sec. 65.21 Change of address.
Within 30 days after any change in his permanent mailing address, the
holder of a certificate issued under this part shall notify the Department of
Transportation, Federal Aviation Administration, Airman Certification Branch,
Post Office Box 25082, Oklahoma City, Okla. 73125, in writing, of his new
address.
[Amdt. 65-16, 35 FR 14075, Sept. 4, 1970]
Sec. 65.23 Refusal to submit to a drug or alcohol test.
(a) General. This section applies to an employee who performs a function
listed in appendix I or appendix J to part 121 of this chapter directly or by
contract for a part 121 certificate holder, a part 135 certificate holder, an
operator as defined in Sec. 135.1(c) of this chapter, or an air traffic
control facility not operated by the FAA or the U.S. military.
(b) Refusal by the holder of a certificate issued under this part to take a
drug test required under the provisions of appendix I to part 121 or an
alcohol test required under the provisions of appendix J to part 121 is
grounds for--
(1) Denial of an application for any certificate or rating issued under
this part for a period of up to 1 year after the date of such refusal; and
(2) Suspension or revocation of any certificate or rating issued under this
part.
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. 65.31 Required certificates, and rating or qualification.
No person may act as an air traffic control tower operator at an air
traffic control tower in connection with civil aircraft unless he--
(a) Holds an air traffic control tower operator certificate issued to him
under this subpart;
(b) Holds a facility rating for that control tower issued to him under this
subpart, or has qualified for the operating position at which he acts and is
under the supervision of the holder of a facility rating for that control
tower; and
For the purpose of this subpart, "operating position" means an air traffic
control function performed within or directly associated with the control
tower;
(c) Except for a person employed by the FAA or employed by, or on active
duty with, the Department of the Air Force, Army, or Navy or the Coast Guard,
holds at least a second-class medical certificate issued under Part 67 of
this chapter.
[Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25, 45 FR
18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987]
Sec. 65.33 Eligibility requirements: General.
To be eligible for an air traffic control tower operator certificate a
person must--
(a) Be at least 18 years of age;
(b) Be of good moral character;
(c) Be able to read, write, and understand the English language and speak
it without accent or impediment of speech that would interfere with two-way
radio conversation;
(d) Except for a person employed by the FAA or employed by, or on active
duty with, the Department of the Air Force, Army, or Navy or the Coast Guard,
holds at least a second-class medical certificate issued under Part 67 of
this chapter within the 12 months before the date application is made; and
(e) Comply with Sec. 65.35.
[Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-25, 45 FR
18911, Mar. 24, 1980; Amdt. 65-31, 52 FR 17518, May 8, 1987]
Sec. 65.35 Knowledge requirements.
Each applicant for an air traffic control tower operator certificate must
pass a written test on--
(a) The flight rules in Part 91 of this chapter:
(b) Airport traffic control procedures, and this subpart:
(c) En route traffic control procedures;
(d) Communications operating procedures;
(e) Flight assistance service;
(f) Air navigation, and aids to air navigation; and
(g) Aviation weather.
Sec. 65.37 Skill requirements: Operating positions.
No person may act as an air traffic control tower operator at any operating
position unless he has passed a practical test on--
(a) Control tower equipment and its use;
(b) Weather reporting procedures and use of reports;
(c) Notices to Airmen, and use of the Airman's Information Manual;
(d) Use of operational forms;
(e) Performance of noncontrol operational duties; and
(f) Each of the following procedures that is applicable to that operating
position and is required by the person examining him:
(1) The airport, including rules, equipment, runways, taxiways, and
obstructions.
(2) The control zone, including terrain features, visual checkpoints, and
obstructions.
(3) Traffic patterns and associated procedures for use of preferential
runways and noise abatement.
(4) Operational agreements.
(5) The center, alternate airports, and those airways, routes, reporting
points, and air navigation aids used for terminal air traffic control.
(6) Search and rescue procedures.
(7) Terminal air traffic control procedures and phraseology.
(8) Holding procedures, prescribed instrument approach, and departure
procedures.
(9) Radar alignment and technical operation.
(10) The application of the prescribed radar and nonradar separation
standard, as appropriate.
Effective Date Note: Amdt. No. 65-36, 56 FR 65653, Dec. 17, 1991, revised
the introductory text of paragraphs (f) and (f)(2) effective September 16,
1993 to read as follows:
(f) Each of the following procedures that is applicable to that operating
position and is required by the person performing the examination:
* * * * *
(2) The terrain features, visual checkpoints, and obstructions within the
lateral boundaries of the surface areas of Class B, Class C, Class D, or
Class E airspace designated for the airport.
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 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. 65.39 Practical experience requirements: Facility rating.
Each applicant for a facility rating at any air traffic control tower must
have satisfactorily served--
(a) As an air traffic control tower operator at that control tower without
a facility rating for at least 6 months; or
(b) As an air traffic control tower operator with a facility rating at a
different control tower for at least 6 months before the date he applies for
the rating.
However, an applicant who is a member of an Armed Force of the United States
meets the requirements of this section if he has satisfactorily served as an
air traffic control tower operator for at least 6 months.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-19, 36 FR
21280, Nov. 5, 1971]
Sec. 65.41 Skill requirements: Facility ratings.
Each applicant for a facility rating at an air traffic control tower must
have passed a practical test on each item listed in Sec. 65.37 of this part
that is applicable to each operating position at the control tower at which
the rating is sought.
Sec. 65.43 Rating privileges and exchange.
(a) The holder of a senior rating on August 31, 1970, may at any time after
that date exchange his rating for a facility rating at the same air traffic
control tower. However, if he does not do so before August 31, 1971, he may
not thereafter exercise the privileges of his senior rating at the control
tower concerned until he makes the exchange.
(b) The holder of a junior rating on August 31, 1970, may not control air
traffic, at any operating position at the control tower concerned, until he
has met the applicable requirements of Sec. 65.37 of this part. However,
before meeting those requirements he may control air traffic under the
supervision, where required, of an operator with a senior rating (or facility
rating) in accordance with Sec. 65.41 of this part in effect before August
31, 1970.
Sec. 65.45 Performance of duties.
(a) An air traffic control tower operator shall perform his duties in
accordance with the limitations on his certificate and the procedures and
practices prescribed in air traffic control manuals of the FAA, to provide
for the safe, orderly, and expeditious flow of air traffic.
(b) An operator with a facility rating may control traffic at any operating
position at the control tower at which he holds a facility rating. However,
he may not issue an air traffic clearance for IFR flight without
authorization from the appropriate facility exercising IFR control at that
location.
(c) An operator who does not hold a facility rating for a particular
control tower may act at each operating position for which he has qualified,
under the supervision of an operator holding a facility rating for that
control tower.
[Amdt. 65-15, 35 FR 12326, Aug. 1, 1970, as amended by Amdt. 65-16, 35 FR
14075, Sept. 4, 1970]
Sec. 65.46 Use of prohibited drugs.
(a) The following definitions apply for the purposes of this section:
(1) An "employee" is a person who performs an air traffic control function
for an employer. For the purpose of this section, a person who performs such
a function pursuant to a contract with an employer is considered to be
performing that function for the employer.
(2) An "employer" means an air traffic control facility not operated by, or
under contract with, the FAA or the U.S. military that employs a person to
perform an air traffic control function.
(b) Each employer 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. No employer may use any contractor to
perform an air traffic control function unless that contractor provides each
of its employees performing that function for the employer and his or her
supervisor with the training specified in that appendix.
(c) No employer may knowingly use any person to perform, nor may any person
perform for an employer, either directly or by contract, any air traffic
control function while that person has a prohibited drug, as defined in
Appendix I to Part 121 of this chapter, in his or her system.
(d) Except as provided in paragraph (e) of this section, no employer may
knowingly use any person to perform, nor may any person perform for an
employer, either directly or by contract, any air traffic control function if
that person failed a test or refused to submit to a test required by Appendix
I to Part 121 of this chapter given by a certificate holder, by an employer,
or by an operator as defined in Sec. 135.1(c) of this chapter.
(e) Paragraph (d) 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.
(f) Each employer shall test each of its employees who performs any air
traffic control function in accordance with Appendix I to Part 121 of this
chapter. No employer may use any contractor to perform any air traffic
control function unless that contractor tests each employee performing such a
function for the employer in accordance with that appendix.
(a) This section applies to employees who perform air traffic control
duties directly or by contract for an employer that is an air traffic control
facility not operated by the FAA or the U.S. military (covered employees).
(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 employer 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 employer 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. No covered employee shall perform air traffic control
duties within 8 hours after using alcohol. No employer having actual
knowledge that such an employee has used alcohol within 8 hours shall permit
the employee to perform or continue to perform air traffic control duties.
(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 to 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
employer shall permit an 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 air traffic control facility not operated by the FAA or the U.S.
military (hereinafter employer) must establish an alcohol misuse prevention
program in accordance with the provisions of appendix J to part 121 of this
chapter.
(b) No employer 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.
Except in an emergency, a certificated air traffic control tower operator
must be relieved of all duties for at least 24 consecutive hours at least
once during each 7 consecutive days. Such an operator may not serve or be
required to serve--
(a) For more than 10 consecutive hours; or
(b) For more than 10 hours during a period of 24 consecutive hours, unless
he has had a rest period of at least 8 hours at or before the end of the 10
hours of duty.
Sec. 65.49 General operating rules.
(a) Except for a person employed by the FAA or employed by, or on active
duty with, the Department of the Air Force, Army, or Navy, or the Coast
Guard, no person may act as an air traffic control tower operator under a
certificate issued to him or her under this part unless he or she has in his
or her personal possession an appropriate current medical certificate issued
under Part 67 of this chapter.
(b) Each person holding an air traffic control tower operator certificate
shall keep it readily available when performing duties in an air traffic
control tower, and shall present that certificate or his medical certificate
or both for inspection upon the request of the Administrator or an authorized
representative of the National Transportation Safety Board, or of any
Federal, State, or local law enforcement officer.
(c) A certificated air traffic control tower operator who does not hold a
facility rating for a particular control tower may not act at any operating
position at the control tower concerned unless there is maintained at that
control tower, readily available to persons named in paragraph (b) of this
section, a current record of the operating positions at which he has
qualified.
(d) An air traffic control tower operator may not perform duties under his
certificate during any period of known physical deficiency that would make
him unable to meet the physical requirements for his current medical
certificate. However, if the deficiency is temporary, he may perform duties
that are not affected by it whenever another certificated and qualified
operator is present and on duty.
(e) A certificated air traffic control tower operator may not control air
traffic with equipment that the Administrator has found to be inadequate.
(f) The holder of an air traffic control tower operator certificate, or an
applicant for one, shall, upon the reasonable request of the Administrator,
cooperate fully in any test that is made of him.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-31, 52 FR
17519, May 8, 1987]
Sec. 65.50 Currency requirements.
The holder of an air traffic control tower operator certificate may not
perform any duties under that certificate unless--
(a) He has served for at least three of the preceding 6 months as an air
traffic control tower operator at the control tower to which his facility
rating applies, or at the operating positions for which he has qualified; or
(b) He has shown that he meets the requirements for his certificate and
facility rating at the control tower concerned, or for operating at positions
for which he has previously qualified.
Subpart C--Aircraft Dispatchers
Sec. 65.51 Certificate required.
(a) No person may serve as an aircraft dispatcher (exercising
responsibility with the pilot in command in the operational control of a
flight) in connection with any civil aircraft in air commerce unless he has
in his personal possession a current aircraft dispatcher certificate issued
under this subpart.
(b) Each person who holds an aircraft dispatcher certificate shall present
it for inspection upon the request of the Administrator or an authorized
representative of the National Transportation Safety Board, or of any
Federal, State, or local law enforcement officer.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 FR
13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967]
Sec. 65.53 Eligibility requirements: General.
To be eligible for an aircraft dispatcher certificate, a person must--
(a) Be at least 23 years of age;
(b) Be able to read, speak, and understand the English language, or have an
appropriate limitation placed on his certificate;
(c) Comply with Secs. 65.55, 65.57, and 65.59.
Sec. 65.55 Knowledge requirements.
(a) An applicant for an aircraft dispatcher certificate must pass a written
test on--
(1) The regulations of this chapter that apply to the duties of an aircraft
dispatcher;
(2) The general system of collecting and disseminating weather information;
(3) Interpreting aviation weather reports, including abbreviations and
symbols, as prescribed in "National Weather Service Federal Meteorological
Handbook No. 1," as amended;
(4) The fundamentals of meteorology as applied to aircraft operations,
particularly as to--
(i) Surface and upper air weather maps and general characteristics of air
masses, pressure systems, and frontal systems, including their symbols and
nomenclature;
(ii) Cloud forms and their significance; and
(iii) Icing, turbulence, thunderstorms, fog and low ceilings, winds aloft,
pressure pattern flying, the influence of terrain on meteorological
conditions, and general principles of forecasting and analysis;
(5) Principles of aircraft navigation with particular respect to instrument
operation and procedures;
(6) Communications facilities and procedures;
(7) Air navigation facilities and procedures; and
(8) Air traffic control procedures.
(b) A report of the test is sent to the applicant. A passing grade is
evidence, for a period of 24 months after the date the test is given, that
the applicant has complied with this section.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-18, 36 FR
13911, July 28, 1971]
Sec. 65.57 Experience requirements.
An applicant for an aircraft dispatcher certificate must present
documentary evidence satisfactory to the Administrator that he has the
experience prescribed in any one of the following paragraphs:
(a) A total of at least 2 of the 3 years before the date he applies, in
scheduled air carrier operations, scheduled military aviation operations, or
any other aircraft operations that the Administrator finds provides
equivalent experience--
(1) As a pilot member of a flight crew;
(2) As a flight radio operator or ground radio operator;
(3) As a flight navigator;
(4) As a meteorologist;
(5) Performing the duties of an aircraft dispatcher or his assistant; or
(6) Performing other duties that the Administrator finds provide equivalent
experience.
(b) A total of at least 2 of the 3 years before the date he applies, as an
air route traffic controller or a certificated air-traffic control-tower
operator.
(c) A total of at least 1 of the 2 years before the date he applies, as an
assistant in dispatching scheduled air carrier aircraft performing the duties
of an aircraft dispatcher under the direct supervision of a certificated
dispatcher.
(d) Within 90 days before the date he applies, successful completion of a
course of instruction approved by the Administrator as adequate for the
training of an aircraft dispatcher.
An applicant is entitled to credit any combination of experience in paragraph
(a), or paragraphs (a) and (b), of this section, if the aggregate of that
experience is at least 2 years.
Sec. 65.59 Skill requirements.
An applicant for an aircraft dispatcher certificate must pass a practical
test--
(a) With respect to any one type of large aircraft used in air carrier
operations, on--
(1) Weight and balance limitations;
(2) Performance operating limitations;
(3) Using cruise control charts;
(4) Fuel and oil capacities and rates of consumption; and
(5) Using the operations manual;
(b) On the characteristics of air routes and airports with particular
reference to--
(1) Landing areas;
(2) Lighting facilities; and
(3) Approach and landing facilities and procedures;
(c) On the use and limitations of sensitive-type altimeters;
(d) On applying available weather forecasts and reports to determine
whether a flight can be made safely;
(e) On using the Airman's Guide and the Flight Information Manual;
(f) On dispatching and assisting a flight under adverse weather conditions;
and
(g) On emergency procedures.
Sec. 65.61 Aircraft dispatcher courses.
An applicant for approval of an aircraft dispatcher course shall submit a
letter to the Administrator requesting approval, and shall also submit three
copies of the course outline, a description of his equipment and facilities
and a list of the instructors and their qualifications. Requirements for the
course and the outline are set forth in Appendix A to this part.
Subpart D--Mechanics
Sec. 65.71 Eligibility requirements: General.
(a) To be eligible for a mechanic certificate and associated ratings, a
person must--
(1) Be at least 18 years of age;
(2) Be able to read, write, speak, and understand the English language, or
in the case of an applicant who does not meet this requirement and who is
employed outside of the United States by a U.S. air carrier, have his
certificate endorsed "Valid only outside the United States";
(3) Have passed all of the prescribed tests within a period of 24 months;
and
(4) Comply with the sections of this subpart that apply to the rating he
seeks.
(b) A certificated mechanic who applies for an additional rating must meet
the requirements of Sec. 65.77 and, within a period of 24 months, pass the
tests prescribed by Secs. 65.75 and 65.79 for the additional rating sought.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-6, 31 FR
5950, Apr. 19, 1966]
Sec. 65.73 Ratings.
(a) The following ratings are issued under this subpart:
(1) Airframe.
(2) Powerplant.
(b) A mechanic certificate with an aircraft or aircraft engine rating, or
both, that was issued before, and was valid on, June 15, 1952, is equal to a
mechanic certificate with an airframe or powerplant rating, or both, as the
case may be, and may be exchanged for such a corresponding certificate and
rating or ratings.
Sec. 65.75 Knowledge requirements.
(a) Each applicant for a mechanic certificate or rating must, after meeting
the applicable experience requirements of Sec. 65.77, pass a written test
covering the construction and maintenance of aircraft appropriate to the
rating he seeks, the regulations in this subpart, and the applicable
provisions of Parts 43 and 91 of this chapter. The basic principles covering
the installation and maintenance of propellers are included in the powerplant
test.
(b) The applicant must pass each section of the test before applying for
the oral and practical tests prescribed by Sec. 65.79. A report of the
written test is sent to the applicant.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-1, 27 FR
10410, Oct. 25, 1962; Amdt. 65-6, 31 FR 5950, Apr. 19, 1966]
Sec. 65.77 Experience requirements.
Each applicant for a mechanic certificate or rating must present either an
appropriate graduation certificate or certificate of completion from a
certificated cated aviation maintenance technician school or documentary
evidence, satisfactory to the Administrator, of--
(a) At least 18 months of practical experience with the procedures,
practices, materials, tools, machine tools, and equipment generally used in
constructing, maintaining, or altering airframes, or powerplants appropriate
to the rating sought; or
(b) At least 30 months of practical experience concurrently performing the
duties appropriate to both the airframe and powerplant ratings.
[Doc. No. 1179, 27 FR, 7973, Aug. 10, 1962, as amended by Amdt. 65-14, 35 FR,
5533, Apr. 3, 1970]
Sec. 65.79 Skill requirements.
Each applicant for a mechanic certificate or rating must pass an oral and a
practical test on the rating he seeks. The tests cover the applicant's basic
skill in performing practical projects on the subjects covered by the written
test for that rating. An applicant for a powerplant rating must show his
ability to make satisfactory minor repairs to, and minor alterations of,
propellers.
Sec. 65.80 Certificated aviation maintenance technician school students.
Whenever an aviation maintenance technician school certificated under Part
147 of this chapter shows to an FAA inspector that any of its students has
made satisfactory progress at the school and is prepared to take the oral and
practical tests prescribed by Sec. 65.79, that student may take those tests
during the final subjects of his training in the approved curriculum, before
he meets the applicable experience requirements of Sec. 65.77 and before he
passes each section of the written test prescribed by Sec. 65.75.
[Amdt. 65-14, 35 FR, 5533, Apr. 3, 1970]
Sec. 65.81 General privileges and limitations.
(a) A certificated mechanic may perform or supervise the maintenance,
preventive maintenance or alteration of an aircraft or appliance, or a part
thereof, for which he is rated (but excluding major repairs to, and major
alterations of, propellers, and any repair to, or alteration of,
instruments), and may perform additional duties in accordance with Secs.
65.85, 65.87, and 65.95. However, he may not supervise the maintenance,
preventive maintenance, or alteration of, or approve and return to service,
any aircraft or appliance, or part thereof, for which he is rated unless he
has satisfactorily performed the work concerned at an earlier date. If he has
not so performed that work at an earlier date, he may show his ability to do
it by performing it to the satisfaction of the Administrator or under the
direct supervision of a certificated and appropriately rated mechanic, or a
certificated repairman, who has had previous experience in the specific
operation concerned.
(b) A certificated mechanic may not exercise the privileges of his
certificate and rating unless he understands the current instructions of the
manufacturer, and the maintenance manuals, for the specific operation
concerned.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-2, 29 FR
5451, Apr. 23, 1964; Amdt. 65-26, 45 FR 46737, July 10, 1980]
Sec. 65.83 Recent experience requirements.
A certificated mechanic may not exercise the privileges of his certificate
and rating unless, within the preceding 24 months--
(a) The Administrator has found that he is able to do that work; or
(b) He has, for at least 6 months--
(1) Served as a mechanic under his certificate and rating;
(2) Technically supervised other mechanics;
(3) Supervised, in an executive capacity, the maintenance or alteration of
aircraft; or
(4) Been engaged in any combination of paragraph (b) (1), (2), or (3) of
this section.
Sec. 65.85 Airframe rating; additional privileges.
A certificated mechanic with an airframe rating may approve and return to
service an airframe, or any related part or appliance, after he has
performed, supervised, or inspected its maintenance or alteration (excluding
major repairs and major alterations). In addition, he may perform the 100-
hour inspection required by Part 91 of this chapter on an airframe, or any
related part or appliance, and approve and return it to service.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 FR
5770, Apr. 11, 1967]
Sec. 65.87 Powerplant rating; additional privileges.
A certificated mechanic with a powerplant rating may approve and return to
service a powerplant or propeller or any related part or appliance, after he
has performed, supervised, or inspected its maintenance or alteration
(excluding major repairs and major alterations). In addition, he may perform
the 100-hour inspection required by Part 91 of this chapter on a powerplant
or propeller, or any part thereof, and approve and return it to service.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 FR
5770, Apr. 11, 1967]
Sec. 65.89 Display of certificate.
Each person who holds a mechanic certificate shall keep it within the
immediate area where he normally exercises the privileges of the certificate
and shall present it for inspection upon the request of the Administrator or
an authorized representative of the National Transportation Safety Board, or
of any Federal, State, or local law enforcement officer.
[Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 32 FR
5769, Apr. 11, 1967]
Sec. 65.91 Inspection authorization.
(a) An application for an inspection authorization is made on a form and in
a manner prescribed by the Administrator.
(b) An applicant who meets the requirements of this section is entitled to
an inspection authorization.
(c) To be eligible for an inspection authorization, an applicant must--
(1) Hold a currently effective mechanic certificate with both an airframe
rating and a powerplant rating, each of which is currently effective and has
been in effect for a total of at least 3 years;
(2) Have been actively engaged, for at least the 2-year period before the
date he applies, in maintaining aircraft certificated and maintained in
accordance with this chapter;
(3) Have a fixed base of operations at which he may be located in person or
by telephone during a normal working week but it need not be the place where
he will exercise his inspection authority;
(4) Have available to him the equipment, facilities, and inspection data
necessary to properly inspect airframes, powerplants, propellers, or any
related part or appliance; and
(5) Pass a written test on his ability to inspect according to safety
standards for returning aircraft to service after major repairs and major
alterations and annual and progressive inspections performed under Part 43 of
this chapter.
An applicant who fails the test prescribed in paragraph (c)(5) of this
section may not apply for retesting until at least 90 days after the date he
failed the test.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-5, 31 FR
3337, Mar. 3, 1966; Amdt. 65-22, 42 FR 46279, Sept. 15, 1977; Amdt. 65-30, 50
FR 15700, Apr. 19, 1985]
Sec. 65.92 Inspection authorization: Duration.
(a) Each inspection authorization expires on March 31 of each year.
However, the holder may exercise the privileges of that authorization only
while he holds a currently effective mechanic certificate with both a
currently effective airframe rating and a currently effective powerplant
rating.
(b) An inspection authorization ceases to be effective whenever any of the
following occurs:
(1) The authorization is surrendered, suspended, or revoked.
(2) The holder no longer has a fixed base of operation.
(3) The holder no longer has the equipment, facilities, and inspection data
required by Sec. 65.91(c) (3) and (4) for issuance of his authorization.
(c) The holder of an inspection authorization that is suspended or revoked
shall, upon the Administrator's request, return it to the Administrator.
(a) To be eligible for renewal of an inspection authorization for a 1-year
period an applicant must present evidence annually, during the month of
March, at an FAA Flight Standards District Office, or an International Field
Office that the applicant still meets the requirements of Sec. 65.91(c) (1)
through (4) and must show that, during the current period that the applicant
held the inspection authorization, the applicant--
(1) Has performed at least one annual inspection for each 90 days that the
applicant held the current authority; or
(2) Has performed inspections of at least two major repairs or major
alterations for each 90 days that the applicant held the current authority;
or
(3) Has performed or supervised and approved at least one progressive
inspection in accordance with standards prescribed by the Administrator; or
(4) Has attended and successfully completed a refresher course, acceptable
to the Administrator, of not less than 8 hours of instruction during the 12-
month period preceding the application for renewal; or
(5) Has passed on oral test by an FAA inspector to determine that the
applicant's knowledge of applicable regulations and standards is current.
(b) The holder of an inspection authorization that has been in effect for
less than 90 days before the expiration date need not comply with paragraphs
(a) (1) through (5) of this section.
Sec. 65.95 Inspection authorization: Privileges and limitations.
(a) The holder of an inspection authorization may--
(1) Inspect and approve for return to service any aircraft or related part
or appliance (except any aircraft maintained in accordance with a continuous
airworthiness program under Part 121 or 127 of this chapter) after a major
repair or major alteration to it in accordance with Part 43 [New] of this
chapter, if the work was done in accordance with technical data approved by
the Administrator; and
(2) Perform an annual, or perform or supervise a progressive inspection
according to Secs. 43.13 and 43.15 of this chapter.
(b) When he exercises the privileges of an inspection authorization the
holder shall keep it available for inspection by the aircraft owner, the
mechanic submitting the aircraft, repair, or alteration for approval (if
any), and shall present it upon the request of the Administrator or an
authorized representative of the National Transportation Safety Board, or of
any Federal, State, or local law enforcement officer.
(c) If the holder of an inspection authorization changes his fixed base of
operation, he may not exercise the privileges of the authorization until he
has notified the FAA Flight Standards District Office or International Field
Office for the area in which the new base is located, in writing, of the
change.
(a) To be eligible for a repairman certificate a person must--
(1) Be at least 18 years of age;
(2) Be specially qualified to perform maintenance on aircraft or components
thereof, appropriate to the job for which he is employed;
(3) Be employed for a specific job requiring those special qualifications
by a certificated repair station, or by a certificated commercial operator or
certificated air carrier, that is required by its operating certificate or
approved operations specifications to provide a continuous airworthiness
maintenance program according to its maintenance manuals;
(4) Be recommended for certification by his employer, to the satisfaction
of the Administrator, as able to satisfactorily maintain aircraft or
components, appropriate to the job for which he is employed;
(5) Have either--
(i) At least 18 months of practical experience in the procedures,
practices, inspection methods, materials, tools, machine tools, and equipment
generally used in the maintenance duties of the specific job for which the
person is to be employed and certificated; or
(ii) Completed formal training that is acceptable to the Administrator and
is specifically designed to qualify the applicant for the job on which the
applicant is to be employed; and
(6) Be able to read, write, speak, and understand the English language, or,
in the case of an applicant who does not meet this requirement and who is
employed outside the United States by a certificated repair station, a
certificated U.S. commercial operator, or a certificated U.S. air carrier,
described in paragraph (c) of this section, have his certificate endorsed
"Valid only outside the United States."
(b) This section does not apply to the issuance of repairman certificates
(experimental aircraft builder) under Sec. 65.104.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-11, 32 FR
13506, Sept. 27, 1967; Amdt. 65-24, 44 FR 46781, Aug. 9, 1979; Amdt. 65-27,
47 FR 13316, Mar. 29, 1982]
Sec. 65.103 Repairman certificate: Privileges and limitations.
(a) A certificated repairman may perform or supervise the maintenance,
preventive maintenance, or alteration of aircraft or aircraft components
appropriate to the job for which the repairman was employed and certificated,
but only in connection with duties for the certificate holder by whom the
repairman was employed and recommended.
(b) A certificated repairman may not perform or supervise duties under the
repairman certificate unless the repairman understands the current
instructions of the certificate holder by whom the repairman is employed and
the manufacturer's instructions for continued airworthiness relating to the
specific operations concerned.
Sec. 65.104 Repairman certificate--experimental aircraft builder--
Eligibility, privileges and limitations.
(a) To be eligible for a repairman certificate (experimental aircraft
builder), an individual must--
(1) Be at least 18 years of age;
(2) Be the primary builder of the aircraft to which the privileges of the
certificate are applicable;
(3) Show to the satisfaction of the Administrator that the individual has
the requisite skill to determine whether the aircraft is in a condition for
safe operations; and
(4) Be a citizen of the United States or an individual citizen of a foreign
country who has lawfully been admitted for permanent residence in the United
States.
(b) The holder of a repairman certificate (experimental aircraft builder)
may perform condition inspections on the aircraft constructed by the holder
in accordace with the operating limitations of that aircraft.
(c) Section 65.103 does not apply to the holder of a repairman certificate
(experimental aircraft builder) while performing under that certificate.
[Amdt. 65-24, 44 FR 46781, Aug. 9, 1979]
Sec. 65.105 Display of certificate.
Each person who holds a repairman certificate shall keep it within the
immediate area where he normally exercises the privileges of the certificate
and shall present it for inspection upon the request of the Administrator or
an authorized representative of the National Transportation Safety Board, or
of any Federal, State, or local law enforcement officer.
[Amdt. 65-9, 31 FR 13524, Oct. 20, 1966, as amended by Doc. No. 8084, 32 FR
5769, Apr. 11, 1967]
Subpart F--Parachute Riggers
Sec. 65.111 Certificate required.
(a) No person may pack, maintain, or alter any personnel-carrying parachute
intended for emergency use in connection with civil aircraft of the United
States (including the auxiliary parachute of a dual parachute pack to be used
for intentional jumping) unless he holds an appropriate current certificate
and type rating issued under this subpart and complies with Secs. 65.127
through 65.133.
(b) No person may pack, maintain, or alter any main parachute of a dual
parachute pack to be used for intentional jumping in connection with civil
aircraft of the United States unless he has an appropriate current
certificate issued under this subpart. However, a person who does not hold
such a certificate may pack the main parachute of a dual parachute pack that
is to be used by him for intentional jumping.
(c) Each person who holds a parachute rigger certificate shall present it
for inspection upon the request of the Administrator or an authorized
representative of the National Transportation Safety Board, or of any
Federal, State, or local law enforcement officer.
(d) The following parachute rigger certificates are issued under this part:
(1) Senior parachute rigger.
(2) Master parachute rigger.
(e) Sections 65.127 through 65.133 do not apply to parachutes packed,
maintained, or altered for the use of the armed forces.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-9, 31 FR
13524, Oct. 20, 1966; 32 FR 5769, Apr. 11, 1967]
Sec. 65.113 Eligibility requirements: General.
(a) To be eligible for a parachute rigger certificate, a person must--
(1) Be at least 18 years of age;
(2) Be able to read, write, speak, and understand the English language, or,
in the case of a citizen of Puerto Rico, or a person who is employed outside
of the United States by a U.S. air carrier, and who does not meet this
requirement, be issued a certificate that is valid only in Puerto Rico or
while he is employed outside of the United States by that air carrier, as the
case may be; and
(3) Comply with the sections of this subpart that apply to the certificate
and type rating he seeks.
(b) Except for a master parachute rigger certificate, a parachute rigger
certificate that was issued before, and was valid on, October 31, 1962, is
equal to a senior parachute rigger certificate, and may be exchanged for such
a corresponding certificate.
Sec. 65.115 Senior parachute rigger certificate: Experience, knowledge, and
skill requirements.
Except as provided in Sec. 65.117, an applicant for a senior parachute
rigger certificate must--
(a) Present evidence satisfactory to the Administrator that he has packed
at least 20 parachutes of each type for which he seeks a rating, in
accordance with the manufacturer's instructions and under the supervision of
a certificated parachute rigger holding a rating for that type or a person
holding an appropriate military rating;
(b) Pass a written test, with respect to parachutes in common use, on--
(1) Their construction, packing, and maintenance;
(2) The manufacturer's instructions;
(3) The regulations of this subpart; and
(c) Pass an oral and practical test showing his ability to pack and
maintain at least one type of parachute in common use, appropriate to the
type rating he seeks.
Sec. 65.117 Military riggers or former military riggers: Special
certification rule.
In place of the procedure in Sec. 65.115, an applicant for a senior
parachute rigger certificate is entitled to it if he passes a written test on
the regulations of this subpart and presents satisfactory documentary
evidence that he--
(a) Is a member or civilian employee of an Armed Force of the United
States, is a civilian employee of a regular armed force of a foreign country,
or has, within the 12 months before he applies, been honorably discharged or
released from any status covered by this paragraph;
(b) Is serving, or has served within the 12 months before he applies, as a
parachute rigger for such an Armed Force; and
(c) Has the experience required by Sec. 65.115(a).
Sec. 65.119 Master parachute rigger certificate: Experience, knowledge, and
skill requirements.
An applicant for a master parachute rigger certificate must meet the
following requirements:
(a) Present evidence satisfactory to the Administrator that he has had at
least 3 years of experience as a parachute rigger and has satisfactorily
packed at least 100 parachutes of each of two types in common use, in
accordance with the manufacturer's instructions--
(1) While a certificated and appropriately rated senior parachute rigger;
or
(2) While under the supervision of a certificated and appropriately rated
parachute rigger or a person holding appropriate military ratings.
An applicant may combine experience specified in paragraphs (a) (1) and (2)
of this section to meet the requirements of this paragraph.
(b) If the applicant is not the holder of a senior parachute rigger
certificate, pass a written test, with respect to parachutes in common use,
on--
(1) Their construction, packing, and maintenance;
(2) The manufacturer's instructions; and
(3) The regulations of this subpart.
(c) Pass an oral and practical test showing his ability to pack and
maintain two types of parachutes in common use, appropriate to the type
ratings he seeks.
(a) The following type ratings are issued under this subpart:
(1) Seat.
(2) Back.
(3) Chest.
(4) Lap.
(b) The holder of a senior parachute rigger certificate who qualifies for a
master parachute rigger certificate is entitled to have placed on his master
parachute rigger certificate the ratings that were on his senior parachute
rigger certificate.
Sec. 65.123 Additional type ratings: Requirements.
A certificated parachute rigger who applies for an additional type rating
must--
(a) Present evidence satisfactory to the Administrator that he has packed
at least 20 parachutes of the type for which he seeks a rating, in accordance
with the manufacturer's instructions and under the supervision of a
certificated parachute rigger holding a rating for that type or a person
holding an appropriate military rating; and
(b) Pass a practical test, to the satisfaction of the Administrator,
showing his ability to pack and maintain the type of parachute for which he
seeks a rating.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 FR
13251, July 6, 1972]
Sec. 65.125 Certificates: Privileges.
(a) A certificated senior parachute rigger may--
(1) Pack or maintain (except for major repair) any type of parachute for
which he is rated; and
(2) Supervise other persons in packing any type of parachute for which he
is rated.
(b) A certificated master parachute rigger may--
(1) Pack, maintain, or alter any type of parachute for which he is rated;
and
(2) Supervise other persons in packing, maintaining, or altering any type
of parachute for which he is rated.
(c) A certificated parachute rigger need not comply with Secs. 65.127
through 65.133 (relating to facilities, equipment, performance standards,
records, recent experience, and seal) in packing, maintaining, or altering
(if authorized) the main parachute of a dual parachute pack to be used for
intentional jumping.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-20, 37 FR
13252, July 6, 1972]
Sec. 65.127 Facilities and equipment.
No certificated parachute rigger may exercise the privileges of his
certificate unless he has at least the following facilities and equipment
available to him:
(a) A smooth top table at least three feet wide by 40 feet long.
(b) Suitable housing that is adequately heated, lighted, and ventilated for
drying and airing parachutes.
(c) Enough packing tools and other equipment to pack and maintain the types
of parachutes that he services.
(d) Adequate housing facilities to perform his duties and to protect his
tools and equipment.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-27, 47 FR
13316, Mar. 29, 1982]
Sec. 65.129 Performance standards.
No certificated parachute rigger may--
(a) Pack, maintain, or alter any parachute unless he is rated for that
type;
(b) Pack a parachute that is not safe for emergency use;
(c) Pack a parachute that has not been thoroughly dried and aired;
(d) Alter a parachute in a manner that is not specifically authorized by
the Administrator or the manufacturer;
(e) Pack, maintain, or alter a parachute in any manner that deviates from
procedures approved by the Administrator or the manufacturer of the
parachute; or
(f) Exercise the privileges of his certificate and type rating unless he
understands the current manufacturer's instructions for the operation
involved and has--
(1) Performed duties under his certificate for at least 90 days within the
preceding 12 months; or
(2) Shown the Administrator that he is able to perform those duties.
Sec. 65.131 Records.
(a) Each certificated parachute rigger shall keep a record of the packing,
maintenance, and alteration of parachutes performed or supervised by him. He
shall keep in that record, with respect to each parachute worked on, a
statement of--
(1) Its type and make;
(2) Its serial number;
(3) The name and address of its owner;
(4) The kind and extent of the work performed;
(5) The date when and place where the work was performed; and
(6) The results of any drop tests made with it.
(b) Each person who makes a record under paragraph (a) of this section
shall keep it for at least 2 years after the date it is made.
(c) Each certificated parachute rigger who packs a parachute shall write,
on the parachute packing record attached to the parachute, the date and place
of the packing and a notation of any defects he finds on inspection. He shall
sign that record with his name and the number of his certificate.
Sec. 65.133 Seal.
Each certificated parachute rigger must have a seal with an identifying
mark prescribed by the Administrator, and a seal press. After packing a
parachute he shall seal the pack with his seal in accordance with the
manufacturer's recommendation for that type of parachute.
Appendix A to Part 65--Aircraft Dispatcher Courses
(a) Training course outline. It is not mandatory that the training course
outline have the subject headings arranged exactly as listed in the following
example. Any arrangement of headings and subheadings will be satisfactory
provided all the subjects listed in this section are included. Each general
subject of the outline shall be broken down, in detail, showing the items to
be covered. Additional subjects, especially those which are not closely
associated with the training of aircraft dispatchers, may be listed so long
as the hourly requirements devoted to the subjects are not included as a part
of the basic minimum hours.
(b) Format of the training outline and course requirements. The course
outline submitted for approval must be in looseleaf form, must include a
table of contents and minimum coverage of the course material, and must
include the following:
Classroom
Subject hours
Federal Aviation Regulations 15
Subpart C of part 65 of this chapter.
Parts 25, 91, 103, and 121 of this chapter.
Part 430 of the Regulations of the National Transportation Safety
Board, "Rules Pertaining to Aircraft Accidents, Incidents,
Overdue Aircraft, and Safety Investigation", on sale at the
Government Printing Office
Meteorology 75
Basic properties of the atmosphere:
Composition.
Density.
Measurement.
General circulation.
Solar heating.
Clouds:
Formation.
Condensation.
Precipitation.
Use of cloud knowledge in forecasting.
Stability and instability.
Air mass analysis:
Classification.
Flying conditions to be encountered.
Use of air mass knowledge in forecasting.
Analysis of fronts:
Structure and characteristics.
Cloud sequences in fronts.
Establishing position of front by cloud types.
Fronts in North America and seasonal variations
Flying weather in fronts.
Cyclones and anticyclones.
Fog:
Types.
Cause and formation.
Ice:
Type.
Cause and formation.
Thunderstorms, hurricanes, tornados:
Causes.
Methods of forecasting.
Structure and complexity of internal winds.
Hail, its cause and formation.
Turbulence:
Determining the smooth level of flights.
Cause.
Interpreting weather data:
Weather sequences and symbols.
Weather map symbols.
Drawing a weather map.
Reading a weather map.
Upper-level charts.
Adiabatic charts.
Winds-aloft charts.
Instruments used to gather and record the weather
Weather forecasting:
Extrapolation.
Movement of fronts and air masses.
Isobars.
Barometric tendency.
Application of weather knowledge:
Planning a flight.
Navigation 30
Study of the earth as a planet (charts, maps, and projections):
Mercator projections.
Gnomonic projections.
Lambert projections.
Polyconic projections.
Chart reading:
Symbols, landmarks, etc.
Dead reckoning:
Magnetic variation, compass deviation terms, winds and vectors
Correction angle.
Findings wind drift-off course.
Off course problems.
Wind velocity by single and double drift.
Interception problems.
Radius of action--problems.
Search problems.
Computer use--problems.
Radio navigation:
Principles of the radio range, radio compass direction finder,
marker beacons, ILS, CCA, radio altimeter, LORAN, and any other
Navigation instruments:
Altimeter, air-speed indicator, compass, drift and rate of climb
indicator
Aircraft 15
Weight and balance:
Center of gravity.
How determined.
Center of gravity limits.
Problem in loading.
Engine specifications--Powerplant:
Operating limits.
Fuel consumption.
Accessories.
Operating manual.
Airplane specifications:
Operational equipment.
Flight controls, landing gear hydraulic system, electrical
system, loading characteristics, fuel capacity heating and
ventilating system, and deicing equipment
Performance:
Effect of weight, wind, air density, and runway surfaces on
take-off performance of aircraft
Power setting and cockpit procedure.
Types of cruise control.
Communications 8
Radio-telephone rules and regulations.
FCC rules and regulations.
Company communications:
Air to ground radio communications and procedures
Point to point communications and procedures.
Equipment air to ground and point to point.
FAA communications:
Air to ground radio communications and procedures
Point to point communications and procedures.
Equipment air to ground and point to point.
Simulated instrument flight 10
Instrument familiarization.
Bracketing.
Orientation.
Holding procedure.
Let-down procedure.
Missed-approach procedure.
Air Traffic Control 30
Air route traffic control procedures and equipment.
Airport traffic control procedures and equipment.
Practical Dispatching 15
Preflight:
Safety.
Economic advantage.
Crew.
Notams.
The course and distance.
Horizontal and vertical extent of the weather.
Winds.
Forecast.
Minimum safe altitude.
The cruising altitude.
Flight plan.
The alternate plan.
Clearances, company air traffic control.
The fuel.
The load.
The departure time.
In-flight:
Position report.
Altimeter settings.
Weather reports.
Changes in forecast.
Changing instrument altitude.
Changing from VFR to IFR.
Additional clearances.
Emergency procedures.
Post-flight:
Arrival report.
Differences between the forecasted and actual weather
encountered for subsequent flights
(c) Facilities, equipment, and material. An applicant for authority to
operate an approved aircraft dispatcher course of study must have the
following facilities, equipment, and materials:
(1) Facilities. Suitable classrooms, adequate to accommodate the largest
number of students scheduled for attendance at any one time. Such classrooms
shall be properly heated, lighted, and ventilated.
(2) Equipment and materials. Suitable devices for the teaching of simulated
instrument flight, navigation, and meteorology, acceptable textbooks,
operations manuals, wall maps, charts, blackboards, and visual aids of a
quantity which will provide for each student the theoretical and practical
aspects of aircraft dispatching.
(d) Instructors. (1) The number of instructors available for conducting the
course of study shall be determined according to the needs and facilities of
the applicant. However, the ratio of students per instructor may not exceed
25 students for one instructor.
(2) At least one instructor who possesses a currently effective aircraft
dispatcher certificate must be available for coordination of the training
course instruction.
(e) Revision of training course. Requests for revision of course outlines,
facilities, and equipment shall be accomplished in the same manner
established for securing approval of the original course of study. Revisions
must be submitted in such form that an entire page or pages of the approved
outline can be removed and replaced by the revision.
The list of instructors may be revised at any time without request for
approval, provided the minimum requirements are maintained and the local
inspector is notified.
(f) Credit for previous experience or training. A course operator may
evaluate an entrant's previous experience or training and where the training
or experience is provable and comparable to portions of the approved course
curriculum, may, as each individual case warrants, allow credit for such,
commensurate with accepted training practices. Where credit is allowed, the
basis for allowance and the total hours credited must be incorporated as a
part of the student's records, provided for in paragraph (g) of this
Appendix.
(g) Student records and reports. Approval of a course may not be continued
in effect unless the course operator keeps an accurate record of each
student, including a chronological log of all instructions, subjects covered,
and course examinations and grades, and unless he prepares and transmits to
the FAA not later than January 31 of each year, a report containing the
following information:
(1) The names of all students graduated, together with school grades for
aircraft dispatcher courses.
(2) The names of all students failed or dropped, together with school
grades and reasons for dropping.
(h) Quality of instruction. Approval of a course may not be continued in
effect unless at least 80 percent of the students who apply within 90 days
after graduation are able to qualify on the first attempt for certification
as aircraft dispatchers.
(i) Statement of graduation. Each student who successfully completes the
approved aircraft dispatcher course shall be given a statement of graduation.
(j) Change of ownership, name, or location--(1) Change of ownership.
Approval of an aircraft dispatcher course may not be continued in effect
after the course has changed ownership. The new owner must obtain a new
approval by following the procedures prescribed for original approval.
(2) Change in name. An approved course changed in name but not changed in
ownership remains valid if the change is reported by the approved course
operator to the local inspector who will issue a letter of approval under the
new name.
(3) Change in location. An approved course remains in effect even though
the approved course operator changes location if the change is reported
without delay by the operator to the local inspector who will inspect the
facilities to be used in the new location and, if they are found to be
adequate, issue a letter of approval showing the new location.
(k) Cancellation of approval. (1) Failure to meet or maintain any of the
standards set forth herein for the approval or operation of an approved
aircraft dispatcher course is considered to be a sufficient reason for
discontinuing approval of the course.
(2) If an operator desires voluntary cancellation of his approved course,
he shall send a letter requesting cancellation to the Administrator of the
Federal Aviation Administration through the local inspector.
(1) Duration. The authority to operate an approved aircraft dispatcher
course of study expires 24 months after the last day of the month of
issuance.
(m) Renewal. Application for renewal of an approved aircraft dispatcher
course shall be made by letter addressed to the Administrator of the Federal
Aviation Administration through the local inspector at any time within 60
days of the expiration date. Renewal of approval will depend on the course
operator's meeting the current conditions of course approval and having a
satisfactory record as a course operator.
[Doc. No. 1179, 27 FR 7973, Aug. 10, 1962, as amended by Amdt. 65-10, 32 FR
5770, Apr. 11, 1967; Amdt. 65-16, 35 FR 14075, Sept. 4, 1970]